Orange County NC Website
W <br />Orange County Unified Development Ordinance as detailed within Attachment 7 <br />of the abstract package. Second. Vote. <br />NOTE — if the motion is to reject, meaning the BOCC does not agree the <br />applicant has demonstrated compliance with the specific provision of the UDO, <br />the individual making the motion will need to provide some explanation justifying <br />the finding that the applicant has not established, through competent material and <br />substantial evidence, the project is in compliance with the UDO. <br />e. A motion to either affirm or reject the recommendation of the Planning Board <br />concerning the application's compliance with the provisions of Section 5.3.2 of <br />the Orange County Unified Development Ordinance as detailed within <br />Attachment 7 of the abstract package. Second. Vote. <br />NOTE — if the motion is to reject, meaning the BOCC does not agree the <br />applicant has demonstrated compliance with the specific provision of the UDO, <br />the individual malting the motion will need to provide some explanation justifying <br />the finding that the applicant has not established, through competent material and <br />substantial evidence, the project is in compliance with the UDO. <br />f. A motion will need to be made regarding compliance with Section 5.3.2 (A) (2) of <br />the Ordinance as follows <br />(NOTE — Whomever makes the motion will have to cite the `evidence' in the <br />record utilized justifying the motion to approve or deny. Attachment 7 contains <br />the recommendations of the Planning Board including the evidence utilized to <br />reach the conclusion. This `evidence' must be spelled out explicitly by the <br />Commissioner making the motion. <br />If the motion is to deny then the Commissioner making the motion will have to <br />spell out explicitly the evidence within the record utilized to justify a negative <br />finding): <br />i. Motion finding either there is or is not sufficient evidence in the record <br />the project complies with Section 5.3.2 (A) (2) (a) of the UDO in that the <br />use will maintain and promote the public health, safety and general <br />welfare, if located where proposed and developed and operated according <br />to the plan as submitted. <br />