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ORD-2014-010 Correction to Ordinance 2014-001 Board of Adjustment Operations and Procedures
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ORD-2014-010 Correction to Ordinance 2014-001 Board of Adjustment Operations and Procedures
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Last modified
3/13/2019 9:49:39 AM
Creation date
6/4/2014 8:47:09 AM
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BOCC
Date
3/6/2014
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
6f`
Document Relationships
Agenda - 03-06-2014 - 6f
(Linked To)
Path:
\Board of County Commissioners\BOCC Agendas\2010's\2014\Agenda - 03-06-2014 - Regular Mtg.
Minutes 03-06-2014
(Attachment)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2014
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Article 2: Procedures 15 <br />Section 2.13: Exempt Subdivisions <br />(C) A maiority 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. 12 <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 place <br />a newspaper of general circulation in Orange County. The notice shall appear o9pe a <br />week for two consecutive weeks, the first insertion to be not less than ten day or more <br />an 25 days prior to the meeting date. In computing the notice period, th ay of <br />pu ation is not to be included, but the day of the hearing is to be in ded. <br />(B) In the ca of application for a Class B Special Use permit or v 'ance the Planning <br />Director sha 've written notice by certified mail to adjace roperty owners. This <br />notice shall be gi n not less than 15 days prior to the eting date. Adjacent property <br />owners are those wh e property lies within 500 fe of the affected property and whom <br />are currently listed as pr rty owners in the O nge County tax records. <br />(C) The Planning Director shall po n the cted property a notice of the Board meeting at <br />least ten days prior to the meeting <br />(D) In the case of an appeal of a p Work der issued by the Planning Director, the <br />Planning Director shall giv ritten notice by rtified mail to the property owner, and /or <br />person(s) engaged in alleged violation. Noti tion of adjacent property owners, <br />posting of propert ,and publication of a hearing note is not required. <br />2.13.1 Gen <br />Persons proposing divisions of land that do not constitute a subdivision m request a <br />determination of an exempt subdivision status with the Planning Director. Ac ti ' ies that <br />do not constitute a subdivision are found in Section 7.2.1. <br />10 Simple majority vote is now all that is necessary to approve a SUP or act on an appeal. <br />' 1 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 />12 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 />
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