Orange County NC Website
use permit. <br />b. No special use permit for a site governed by a master plan may be denied for <br />reasons set forth in Section 4.2 (Findings of Fact for Special Use Permit) if <br />the basis for such denial involves an element or effect of the development that <br />has previously been specifically addressed and approved in the master plan <br />approval process, unless (i) it can be demonstrated that the information <br />presented to the board of commissioners at the master plan approval stage <br />was materially false or misleading, (ii) conditions have changed substantially <br />in a manner that could not reasonably have been anticipated, or (iii) a basis <br />' for denial for reasons set forth in Section 4.2 (Findings of Fact for Special <br />Use Permit) is demonstrated by clear and convincing evidence. <br />6) Subject to Section E.S.a above, master plan approved under this section may only be <br />amended in accordance with the provisions applicable to a rezoning of the property <br />in question. <br />7) Not withstanding the foregoing provisions, if the Boazd of Commissioners finds <br />during its review of a request for approval of an ESU rezoning and master plan that <br />sufficiently detailed information has been submitted, the Board may approve the <br />master plan as a special use permit for individual site or the entire development. For <br />purposes of this subsection, the phrase "sufficiently detailed information" means that . <br />type and degree of information which allows the Boazd to understand and approve all <br />of the major discretionary design elements of the project, leaving mostly technical or <br />engineering matters to be approved by the staff. If a master plan is approved as a <br />special use permit in this way, the approval process shall follow the same procedures <br />and standards applicable to other special use permit applications. ,Any lot that is <br />subdivided out of a tract for which a master plan has been approved as a special use <br />permit under this subsection may then be developed after a zoning compliance permit <br />has been secured. <br />S) When an ESU rezoning application is approved, and the tract that is subject of this <br />rezoning is proposed to be subdivided, all provisions of the Hillsborough Subdivision <br />Regulations shall be satisfied. <br />a) The applicant may obtain approval of the subdivision simultaneously with the <br />approval of the rezoning or at a later time. <br />b) The subdivision shall be consistent with the terms of the master plan or special <br />use permit (as applicable) that is approved along with the rezoning. <br />c) If the master plan or special use permit that is approved along with the rezoning <br />establishes density, floor area, impervious surface, or similar limitations on <br />the tract that is rezoned or any portion thereof, the subdivision final plat that <br />creates lots out of any portion of the tract so encumbered shall indicate on the <br />face of the plat with respect to each lot such limitations or restrictions as are <br />necessary to ensure compliance with the master plan or SUP. For example, if <br />the master plan or SUP shows a ten acre portion of the tract approved for <br />retail development with a maximum floor azea of 100,000 square feet, then if <br />that ten acre area is subdivided, each lot so created -shall show on the face of <br />the plat the maximum buildings area that can be constructed on that lot. <br />