ORD-2014-043 Ordinance Approving Proposed Zoning Text Amendments Requiring Neighborhood Information Meetings for All Special Use Permit Applications

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Article 2: Procedures Section 2.7: Special Use Permits shall mail certified notices of the meeting date and time to each property owner within 500 feet of the property for which a Special Use has been requested. (C) The applicant shall mail notice of the Neighborhood Information Meeting a minimum of 14 days prior to the date of the 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. LE) The meeting shall be held a minimum of 453 days prior to the date of the Public Hearing.4 (F) Neighborhood information meetings for telecommunication facilities shalt be held in accordance with the provisions of Section 5.10.8 (B) (2). 262.7.7 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. 2.7.72.7.8 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: 3 Staff has changed the timeframe for holding the neighborhood meeting consistent with BOCC and Planning Board direction from the September 8, 2014 public hearing denoting it in green bold text. 4 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 2.7.52.7.6 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 There are no other application for a Special Use. substantive Such notice shall be published in a newspaper of general circulation in Orange County amendments to once a week for two successive weeks, with the first notice to be published not less than ten days nor more than 25 days prior to the date of the hearing. In computing the notice Section 2.7 other period, the day of publication is not to be included, but the day of the hearing is to be than re- numbering. included. Staff has not The Planning Director shall post on the affected property a notice of the public hearing at included all of the least ten days prior to the date of said hearing. renumbered Written notice shall be sent by certified mail to all adjacent property owners not less than sections as part of 15 days before the hearing date. Adjacent property owners are those whose property this review. lies within five hundred feet of the affected property and whose names and addresses are currently listed in the Orange County tax records. 262.7.7 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. 2.7.72.7.8 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: 3 Staff has changed the timeframe for holding the neighborhood meeting consistent with BOCC and Planning Board direction from the September 8, 2014 public hearing denoting it in green bold text. 4 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