Orange County NC Website
Browse       Search
140 <br />Article 2 Procedures <br />Section 2 7 Special Use Permits <br />2.76 Notice Requirements for Class B Special Use Permits <br />Notice Requirements for Class B Special Use Permits shall follow the procedures in <br />X112 6 <br />277 Nature of Proceed <br />(A) e review of Special Use Permit applications shall be conducted dun g a public hearing <br />by e decision - making board <br />(B) The re ew of a Special Use Permit application is a quasi- judicia rocess, where the <br />Board re onsible for rendering a decision acts much like a p el of fudges The Board <br />hears factu evidence and sworn testimony presented at a evidentiary hearing, and <br />then makes fi ings of fact supported by competent, sub ntial, and material evidence <br />(C) The chair or press ing officer of the hearing shall swe all parties intending to present <br />evidence or testimo during the hearing <br />(D) The chair or presiding icer may take whatever ction is necessary to limit testimony to <br />the presentation of new f tual evidence that i material to the application, to ensure fair <br />and orderly proceedings, an to otherwise p mote the efficient and effective gathering of <br />evidence Such actions may in lude <br />(1) Barring the presentation o obv us hearsay evidence, <br />(2) Barring the presentation of - expert opinion, <br />(3) Interrupting digressions ' to imm erial testimony, <br />(4) Interrupting repetitiv estimony, <br />(5) Reasonably limits g the time allotted ea witness or cross - examination, <br />(6) Providing for e selection of spokesperson to represent groups of persons with <br />common in rests, <br />(7) Interrup g personal attacks, and /or <br />(8) Ord ng an end to disorderly conduct <br />(E) Where th card finds compliance with the general standards, s cific rules governing <br />the spe ific use, and that the use complies with all required regulate s and standards, <br />the a lication must be approved unless the Board shall also find, in me specific <br />m ner, that <br />1) the use will not maintain or promote the public health, safety and g eral <br />welfare, if located where proposed and developed and operated acco ing to the <br />plan as submitted <br />Those opposing approval of the application on the grounds that the use will not pro to <br />the public health, safety and general welfare shall have the burden of establishing, by <br />competent material and substantial evidence, the specific manner in which the propose <br />use does not satisfy the requirements for approval of the application for a Special Use <br />278 Review and Decision <br />(A) For Class A Special Use permits, the following shall apply <br />(1) The Board of County Commissioners and Planning BeaFd shall review the <br />application during a regularly scheduled public hearing <br />(2) Following review at a public hearing, the Special Use permit application shall be <br />referred to the Planning Board for its consideration and recommendation <br />Orange County, North Carolina — Unified Development Ordinance Page 2 -19 <br />