Agenda - 09-08-2014 - C4 - Laserfiche WebLink

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Article 2: Procedures Section 2.7: Special Use Permits shall mail certified notices of the meetinq date and time to each property owner within 500 feet of the property for which a Special Use has been requested. (C) The notices shall be mailed a minimum of 14 days prior to the date of the proposed neighborhood information meeting. (D) The applicant shall post a sign on the property advertising the date, place, and time of the meeting a minimum of 10 days prior to the date of the meeting. (E) The meeting shall be held a minimum of 30 days prior to the date of the Public Hearing where the application is scheduled for review and public comment. (F) Neighborhood information meetings for telecommunication facilities shall be held in accordance with the provisions of Section 5.10.8 (B) (2). Notice Requirements for Class A Special Use Permits (A) The Planning Director shall give public notice of the date, time and place of the public hearing to be held to receive comments, testimony and exhibits pertaining to the a lication for a Special Use. There are no other otice shall be published in a newspaper of general circulation in Orange County substantive amendments week for two successive weeks, with the first notice to be published not less than to Section 2.7 other than s nor more than 25 days prior to the date of the hearing. In computing the notice re- numbering. Staff has the day of publication is not to be included, but the day of the hearing is to be not included all of the re- d. numbered sections as part anning Director shall post on the affected property a notice of the public hearing at of this review. n days prior to the date of said hearing. Written notice shall be sent by certified mail to all adjacent property owners not less than 15 days before the hearing date. Adjacent property owners are those whose property lies within five hundred feet of the affected property and whose names and addresses are currently listed in the Orange County tax records. 2:7:62.7:7 Notice Requirements for Class B Special Use Permits Notice Requirements for Class B Special Use Permits shall follow the procedures in Section 2.12.6. .8 Nature of Proceedings (A) The review of Special Use Permit applications shall be conducted during a public hearing by the decision - making board. (B) The review of a Special Use Permit application is a quasi - judicial process, where the Board responsible for rendering a decision acts much like a panel of judges. The Board hears factual evidence and sworn testimony presented at an evidentiary hearing, and then makes findings of fact supported by competent, substantial, and material evidence. (C) The chair or presiding officer of the hearing shall swear all parties intending to present evidence or testimony during the hearing. (D) The chair or presiding officer may take whatever action is necessary to limit testimony to the presentation of new factual evidence that is material to the application, to ensure fair and orderly proceedings, and to otherwise promote the efficient and effective gathering of evidence. Such actions may include: (1) Barring the presentation of obvious hearsay evidence, Z Typically, neighborhood information meetings are required to occur 14 days prior to a public hearing. Staff is recommending 30 days to ensure there is adequate time for adjacent property owners /residents to receive information related to the quasi - judicial review process and secure the necessary experts to argue for /against a specific project. Orange County, North Carolina — Unified Development Ordinance Page 2 -18 71