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Article 2: Procedures 20 <br /> Section 2.13: Exempt Subdivisions <br /> _ - _ -- --•-- _ - _ - .. - _ - <br /> --y administrative <br /> e-- - - - --- --• -• - - --- - ---'red to pass by <br /> -• . - - -- - _e , -- •_ •••• -_ e, •- • <br /> -- _- _ - - s B Special Use <br /> permits, or <br /> (C) A majority of the members shall be required to decide on the issuance of a Class B <br /> Special Use Permit or an appeal application. <br /> 2.12.5 Notification of Board Action <br /> (A) Within five working days after Board action, the Planning Director shall have available in <br /> the Planning Department's office a notice of decision of the Board's action. <br /> (B) The Planning Director shall notify the parties to an application or appeal of the Board's <br /> disposition. This includes the applicant, the property owner if different from the applicant, <br /> or any individual who has submitted a written request for a copy prior to the date the <br /> decision becomes effective. $This notice shall be made by registered or certified mail <br /> within five working days of the Board's actions. 9 <br /> (C) The Planning Director shall keep a copy of the Board's action on file. <br /> 2.12.6 Notice Requirements for Matters Before the Board <br /> (A) The Board shall give notice of matters coming before it by causing notice to be placed in <br /> a newspaper of general circulation in Orange County. The notice shall appear once a <br /> week for two consecutive weeks, the first insertion to be not less than ten days nor more <br /> than 25 days prior to the meeting date. In computing the notice period, the day of <br /> publication is not to be included, but the day of the hearing is to be included. <br /> (B) In the case of application for a Class B Special Use permit or variance the Planning <br /> Director shall give written notice by certified mail to adjacent property owners. This <br /> notice shall be given not less than 15 days prior to the meeting date. Adjacent property <br /> owners are those whose property lies within 500 feet of the affected property and whom <br /> are currently listed as property owners in the Orange County tax records. <br /> (C) The Planning Director shall post on the affected property a notice of the Board meeting at <br /> least ten days prior to the meeting date. <br /> (D) In the case of an appeal of a Stop Work Order issued by the Planning Director, the <br /> Planning Director shall give written notice by certified mail to the property owner, and/or <br /> person(s) engaged in the alleged violation. Notification of adjacent property owners, <br /> posting of property, and publication of a hearing notice is not required. <br /> SECTION 2.13: EXEMPT SUBDIVISIONS IMMO <br /> 2.13.1 Generally —"4"4 .1.111 <br /> (A) Persons proposing divi • and that so •nstitute a subdivision must request a <br /> determina '•• : -n exempt subdivision status with the - -- • Director. Activities that <br /> e: o constitute a subdivision are found in Section 7.2.1. <br /> Simple majority vote is now all that is necessary to approve a SUP or act on an appeal. <br /> 8 State law now allows for individuals to petition the Board of Adjustment requesting notification of any decision. <br /> We are incorporating this allowance with the proposed modification. <br /> 9 Staff sends out notice of decisions via certified mail. State law was modified to allow for first-class mail to be <br /> utilized. We are not recommending changing our current procedure as we believe sending decisions via certified <br /> mail ensures we have a record of our actions. <br /> Orange County,North Carolina-Unified Development Ordinance Page 2-39 <br />