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Agenda - 04-01-1991
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Agenda - 04-01-1991
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BOCC
Date
4/1/1991
Meeting Type
Regular Meeting
Document Type
Agenda
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27 <br />period for a rezoning request. In nearly all cases, the <br />review period would take less than 30 days. However, the 30- <br />days period (and extension provision) is proposed to allow <br />for the exceptions. It also allows staff adequate time to <br />throughly review each application and seek advise /agency <br />comment if needed. As the staff and Commission gain <br />experience in dealing with the procedures, recommendations <br />may be made to reduce the time periods involved. <br />Section 4.5 Consideration of Application by Commission <br />The Planning and Inspection Department shall submit the <br />application for a Certificate of Appropriateness to the <br />Commission at the first regular meeting after the expiration <br />of the 30 -day period specified in Section 4.4 or any <br />extension thereof. <br />Prior to the meeting of the Commission at which the <br />application will be considered, written notice shall be sent <br />by certified mail to the affected property owner and all <br />adjacent owners not less than fifteen (15) days before the <br />meeting date. Adjacent property owners are those whose names <br />and addresses are currently listed in the Orange County tax <br />records and whose property lies within 500 feet of the <br />affected property. <br />Prior to the issuance or denial of a Certificate of <br />Appropriateness, the applicant and other property owners <br />likely to be materially affected by the application shall be <br />given an opportunity to be heard. When deemed advisable, the <br />Commission may hold a public hearing on any application. <br />Applications for Certificates of Appropriateness shall <br />be acted upon by the Commission within forty -five (45) days <br />of the meeting at which the Planning and Inspection <br />Department's report is submitted. The action on an <br />application shall be approval, approval with conditions or <br />denial. If the application is not acted upon within forty - <br />five (45) days, it shall be deemed to be approved and a <br />Certificate shall be issued. An extension of time may be <br />granted by mutual consent of the Commission and the <br />applicant. <br />G.S.160A -400.9 requires the Commission to act on <br />applications for Certificates of Appropriateness within a <br />reasonable time, not to exceed 180 days. The 45 -day provision <br />is 15 days less than the time within which the Planning Board <br />is required to act on rezoning requests. The 45 -day period <br />allows the Commission to meet at least twice for purposes of <br />making a decision. <br />
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