Orange County NC Website
Article 2: Procedures <br /> Section 2.26:Appeals <br /> (2) If a public hearing before the Board of County Commissioners is not required for <br /> approval of the development project, then a special hearing shall be scheduled. <br /> The hearing shall take place no later than 30 days after the close of the public <br /> review period or receipt of comments from the State Clearinghouse, whichever is <br /> later. <br /> (C) Notice of Public Hearing <br /> (1) Notice of the public hearing to review the EIS and receive public comment shall <br /> be published at least twice in a newspaper of general circulation in the county, <br /> stating the time and place of the hearing. <br /> (2) Said notice shall appear in said newspaper for two successive weeks with the <br /> first notice appearing not less than ten nor more than 25 days before the date set <br /> for the public hearing. In computing the notice period, the day of publication is <br /> not to be included, but the day of the hearing is to be included. <br /> (D) Board of County Commissioners Action <br /> (1) The Board of County Commissioners shall receive the EIS and all comments as <br /> information only. The information presented may be used only to determine <br /> compliance with specific development standards established in this Ordinance. <br /> (2) No action shall be taken on the development project until after the EIS has been <br /> presented to the Board of County Commissioners. <br /> (E) Effect on Other Permits and Actions <br /> Construction or installation of any major development project shall not commence until <br /> subsequent to the filing of a Finding of No Significant Impact or acceptance of the Final <br /> EIS by the Board of County Commissioners. <br /> 2 25% 12.26.1 Generally <br /> Appeal applications shall be filed in accordance with Section 2.2 within 30 days of the decision <br /> being appealed on forms provided by the Planning Department, if applicable. <br /> 22.26.2 Planning Director Decisions <br /> (A) Site Plans or Other Decision Pertaining to this Ordinance <br /> Any decision of the Planning Director regarding a site plan application or other decision <br /> pertaining to this Ordinance not listed in (B)through (D) below may be appealed to the <br /> Board of Adjustment according to the provisions set forth in Section 2.12 of this <br /> Ordinance. <br /> (1) An appeal to the Board of Adjustment from a decision or determination of the <br /> Planning Director stays all proceedings in furtherance of the decision or <br /> determination appealed from, except: <br /> (a) Situations that, in the opinion of the Planning Director, a stay would <br /> cause imminent peril to life and/or property. <br /> (b) That the situation appealed from is transitory in nature and, therefore, an <br /> appeal would seriously interfere with enforcement of the Ordinance. <br /> In either instance in (a) and (b)above, the Planning Director shall place in <br /> certificate the facts to support the conclusion. <br /> (B) Exempt Subdivisions <br /> $Section renumbered and references are being updated throughout the UDO. <br /> Orange County, North Carolina—Unified Development Ordinance Page 2-68 <br />