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Agenda - 11-05-2015 - 5-e - Unified Development Ordinance Text Amendment – Public Hearing Process Revisions - Closure of Public Hearing and Action (No Additional Comments Accepted)
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Agenda - 11-05-2015 - 5-e - Unified Development Ordinance Text Amendment – Public Hearing Process Revisions - Closure of Public Hearing and Action (No Additional Comments Accepted)
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10/30/2015 10:00:02 AM
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BOCC
Date
11/5/2015
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
5e
Document Relationships
2015-594 SOC of Proposed UDO Text Amendment to revise the existing public hearing process
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2015
Minutes 11-05-2015
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\Board of County Commissioners\Minutes - Approved\2010's\2015
ORD-2015-031 Ordinance Amending the UDO Ordinance of Orange County and Planning Board Policies and Procedures
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\Board of County Commissioners\Ordinances\Ordinance 2010-2019\2015
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Article 2: Procedures 40 <br /> Section 2.12: Board of Adjustment <br /> 2.1 . Review Procedures <br /> (A Applications for an appeal of an interpretation shall be reviewed and acted u by the <br /> and of Adjustment in accordance with the procedures contained in Se n 2.12 of this <br /> Or nce. <br /> (B) The condu f the hearing shall be consistent with the provis" s of Section 2.12 of this <br /> Ordinance. <br /> (C) The Planning Director all complete an assessm of the application and provide a <br /> recommendation on the di sition of the app tion. The assessment shall include all <br /> relevant facts utilized in renders the dl ed decision and the rationale for the <br /> interpretation made by the Planning " ector. <br /> (D) The assessment shall be intro ced at the aring and become part of the record. <br /> (E) Upon hearing all evide associated with the ap i ation, the Board of Adjustment shall <br /> close the hearing render a decision on the matter affirm, modify, or reverse the <br /> decision of the anning Director. <br /> 2.11.5 Findings of t <br /> The B rd of Adjustment shall provide a detailed rationale for its decision in the for f an order <br /> t irm, modify, or reverse the decision of the Planning Director. This order shall prove the <br /> necessary justification for the Board's action based on the testimony and evidence entered i <br /> the record during the hearing. <br /> 2.11.6 Notice Requirements <br /> Notice requirements shall follow Section 2.12.6(A). Other subsections of Section �?C 2.12.6 45 <br /> are not applicable to applications for an appeal of an interpretation. <br /> SECTION BOARD OF ADJUSTMENT <br /> 1 General Provisions <br /> The Board shall act on all applications before it. <br /> (B) a Board shall act on any appeal of a Stop Work Order issZledat ctor <br /> at i ext regularly scheduled meeting or at a special meetie. <br /> 2.12.2 Quasi-Judicial Pro dings <br /> (A) The Board of Adjus ent acts in a quasi-judicial capac . However, it is not intended <br /> that its proceedings be ducted as formally as t e before courts. <br /> (B) The rules of procedure and ev nce set for in this Ordinance shall be followed to <br /> protect the interests of all parties a t ublic. <br /> (C) The presiding officer shall admin' r oat o all witnesses and shall make rulings <br /> necessary to preserve fairne , order, or prop decorum in any matter before the Board <br /> of Adjustment. Any pers who, while under oath ring a proceeding before the Board, <br /> willfully swears false is guilty of a Class I misdemean <br /> (D) Any member e Board of Adjustment or any interested pa may object to, and the <br /> presiding icer may exclude, any evidence, testimony, or stater t that is deemed <br /> inco tent, irrelevant, immaterial, or unduly repetitious and therefore ils to reasonably <br /> ress the issues before the Board of Adjustment. <br /> 2.12.3 dence and Testimony <br /> (A) Interested Party <br /> 45 Typographical error that staff recommends correcting as part of this amendment package. <br /> Orange County, North Carolina—Unified Development Ordinance Page 2-45 <br />
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