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Agenda - 01-23-2014 - 5a
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Agenda - 01-23-2014 - 5a
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Last modified
9/23/2014 3:31:08 PM
Creation date
1/24/2014 2:05:23 PM
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BOCC
Date
1/23/2014
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
5a
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Agenda - 01-23-2014-11b
(Message)
Path:
\Board of County Commissioners\BOCC Agendas\2010's\2014\Agenda - 01-23-2014 - Regular Mtg.
Minutes 01-23-2014
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Path:
\Board of County Commissioners\Minutes - Approved\2010's\2014
ORD-2014-001 Ordinance Amending the Unified Development Ordinance of Orange County incorporating State Law related changes to the Board of Adjustment
(Linked From)
Path:
\Board of County Commissioners\Ordinances\Ordinance 2010-2019\2014
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Article 2: Procedures 23 <br /> Section 2.26:Appeals <br /> 2.25.42.26.4 Board of Adjustment Decisions <br /> (A) Every decision of the Board shall be subject to review at the request of any aggrieved <br /> partyanv person who has standing as detailed within NCGS 160A-393(d)by the Superior <br /> Court by proceedings in the nature of certiorari. The appeal to Superior Court must be <br /> filed within 30 days of the availability of the notice of decision (2.12.5(A)). <br /> 2.25.52.26.5 Board of County Commissioners Decisions <br /> (A) Quasi-Judicial Decisions <br /> (1) Quasi-judicial decisions made by the Board of County Commissioners pursuant <br /> to the Ordinance shall be subject to review at the request of any any person who <br /> has standing as detailed within NCGS 160A-393(d)aggricvcd party by the <br /> Superior Court by proceedings in the nature of certiorari. <br /> (2) The appeal to the Superior Court must be filed within 30 days of the filing of the <br /> decision of the Board of County Commissioners by the Planning Director or the <br /> delivery of the notice of the decision to the applicant, whichever is later. <br /> (B) Legislative Decisions <br /> (1) Legislative decisions made by the Board of County Commissioners pursuant to <br /> the Ordinance shall be subject to review at the request of any aggrieved party by <br /> the Superior Court. <br /> (2) The appeal to the Superior Court must be filed from the date of adoption of said <br /> Ordinance within the prescribed period below: <br /> (a) 60 days in cases involving the appeal of an Ordinance amending the <br /> Zoning Atlas, <br /> (b) 1 year(365 days) in cases involving the appeal of an Ordinance <br /> amendment the UDO, <br /> (c) 3 years(1,035 days) in cases involving an appeal based on an alleged <br /> defect in the adoption process of an Ordinance amending the UDO. <br /> 2.2562.26.6 Water Supply Watershed Critical Area Boundary Line <br /> Appeal applications disputing the Planning Director's decision regarding the location of a Water <br /> Supply Watershed Critical Area boundary line shall be accompanied by: <br /> (A) A survey prepared by a North Carolina registered land surveyor or professional engineer <br /> depicting the differences between: <br /> (1) The locational criteria in Section 4.2, <br /> (2) The official Watershed map on file in the Planning Department, and <br /> (3) The boundary line the applicant asserts is correct. <br /> (B) A detailed explanation describing the differences in the three boundary lines contained in <br /> (A) above. <br /> 2.25.72.26.7 Special Flood Hazard Overlay District <br /> (A) Any property owner who has received an order to take corrective action in accordance <br /> with Section 9.7 may appeal the order to the local elected governing body by giving <br /> notice of appeal in writing to the Floodplain Administrator and the clerk within ten <br /> business days following issuance of the final order. <br /> (B) The local governing body shall hear an appeal within a reasonable time and may affirm, <br /> modify and affirm, or revoke the order. <br /> Orange County, North Carolina—Unified Development Ordinance Page 2-70 <br />
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