§ 15-556. Applicability.

(a)

Applicability. This article shall be applicable to all projects and/or applications for the construction, erection, improvement or renovation of either new or existing incinerator facilities subject to the particular exemptions contained herein. As used in this article, the terms "construction" and/or "constructed" shall not prohibit the appropriately licensed business of manufacturing incinerators at a facility for sale or lease to a third party to be used at a site other than the manufacturing site. However, in all cases the connection, setup and/or installation of an incinerator facility for on-site operation shall constitute "construction" under this article.

(b)

Nonconforming uses. Existing incinerator facilities will be subject to the nonconforming use provisions within the appropriate governmental jurisdictions, except to the extent that no facility shall be allowed to be expanded or enlarged if such enlargements will increase the incineration capacity of the facility beyond the permitted capacity as of December 31, 1992. The nonconforming use provisions of chapter 38, zoning, article III, sections 38-46 through 38-55 of the Orange County Code will be applied to those facilities within the unincorporated areas of the county.

(c)

Vested rights.

(1)

This article shall not be applicable to those incinerator facilities which as of December 31, 1992, have a valid construction permit issued by the state department of environmental regulation so long as such incinerator facilities are constructed and receive an operating permit from the state department of environmental regulation within the parameters of the construction permit as that permit existed on December 31, 1992.

(2)

In those situations where a proposed incinerator facility either did not have a valid construction permit issued by the state department of environmental regulation as of December 31, 1992, or did have such permit but could not comply with the terms of such permit as it existed on December 31, 1992, including, but not limited to, being unable to construct the facility within the time frames of the permit, thereby necessitating a request for an extension of the permit, an applicant may apply for a vested rights certificate provided the proposed facility otherwise complies with and would be allowed to proceed under all county ordinances and regulations and the proposed facility shows proof that as of December 31, 1992:

a.

A development order has been issued or the county has otherwise taken official action specifically with respect to development of the facility; and

b.

Extensive obligations or expenses (other than land purchase costs and payment of taxes) including, but not limited to, legal and professional expenses related directly to the development of the incinerator facility have been incurred or there has otherwise been a substantial change in position; and

c.

Such obligations, expenses and change in position were undertaken by the proposed facility owner in good faith reliance on the actions taken by the county; and

d.

It would be unfair to deny the proposed facility owner the opportunity to complete the facility based on the facility's inability to comply with the applicable requirements established by this article.

(3)

An applicant for a vested rights certificate under subsection (2) above shall follow the procedures set forth in chapter 30, article XI, division 4, vested rights certificates, sections 30-385 through 30-392, Orange County Code, with references to the "director" interpreted to mean the county administrator or his designee. The board of county commissioners shall contract with and utilize one (1) or more of the hearing officers appointed pursuant to section 30-387(a), Orange County Code, to hold vested rights hearings regarding applications hereunder as the need arises. Upon receipt of a vested rights application, the county administrator or his designee shall forward a copy of the application to the county chairman and each county commissioner.

(Ord. No. 92-41, § 1, 12-22-92)