Agenda - 05-31-1995 - D2(a) - Laserfiche WebLink

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1 OR AN G E C 0 U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 31, 1995 Action Agenda Item # D 2 a) SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT Article 8 - Special Uses DEPARTMENT: PLANNING PUBLIC HEARING —x—Yes No ATTACHMENT(S) : INFORMATION CONTACT: Mary Willis Proposed amendment Extension 2583 Correspondence from County Attorney TELEPHONE NUMBERS: Hillsborough-732-8181 Durham -688-7331 Mebane -227-2031 Chapel Hill -967-9251 PURPOSE: To consider a proposed amendment to the Zoning Ordinance which would clarify who bears the burden of proof in the consideration of Special Use Permits. BACKGROUND: The proposed amendment was initiated and drafted by the County Attorney after reviewing several recent appeals of Board of Adjustment decisions. The proposed amendment clarifies that the applicant bears the burden of proof to show that a proposed Special Use is in harmony with the surrounding area, and that those opposing approval of a Special Use have the burden of proof in establishing that the use does not satisfy approval requirements. RECOMMENDATION: Article 20 of the Zoning Ordinance requires that the Zoning Officer's recommendation be presented to the Planning Board within 30 days of receipt of an application. However, Article 20.4 exempts any application for amendments to the Zoning Ordinance by either the public or the County from the provisions of Article 20.3. In either case, though, the public hearing is the time scheduled for presentation of the Zoning Officer's Recommendation. Zoning Officer Recommendation Provided that the Planning Board and Board of Commissioners find in the affirmative, the Zoning Officer recommends approval of the proposed text