Orange County NC Website
Article 2: Procedures <br /> Section 2.7: Special Use Permits <br /> (D) The chair or presiding officer may take whatever action is necessary to limit testimony to <br /> the presentation of new factual evidence that is material to the application, to ensure fair <br /> and orderly proceedings, and to otherwise promote the efficient and effective gathering of <br /> evidence. Such actions may include: <br /> (1) Barring the presentation of obvious hearsay evidence, <br /> (2) Barring the presentation of non-expert opinion, <br /> (3) Interrupting digressions into immaterial testimony, <br /> (4) Interrupting repetitive testimony, <br /> (5) Reasonably limiting the time allotted each witness or cross-examination, <br /> (6) Providing for the selection of spokespersons to represent groups of persons with <br /> common interests, <br /> (7) Interrupting personal attacks, and/or <br /> (8) Ordering an end to disorderly conduct. <br /> (E) Where the Board finds compliance with the general standards, specific rules governing <br /> the specific use, and that the use complies with all required regulations and standards, <br /> the application must be approved unless the Board shall also find, in some specific <br /> manner, that: <br /> (1) the use will not maintain or promote the public health, safety and general <br /> welfare, if located where proposed and developed and operated according to the <br /> plan as submitted. <br /> (F) Those opposing approval of the application on the grounds that the use will not promote <br /> the public health, safety and general welfare shall have the burden of establishing, by <br /> competent material and substantial evidence, the specific manner in which the proposed <br /> use does not satisfy the requirements for approval of the application for a Special Use. <br /> 2.7.9 Review and Decision <br /> (A) For Class A Special Use Permits, the following shall apply: <br /> (1) All applications shall be referred to the Planning Board for review and <br /> recommendation after the Neighborhood Information Meeting but prior to the <br /> public hearing. <br /> (2) The Planning Board shall make a recommendation and proposed findings of fact <br /> on the application, including the findings required in Section 5.3.2 of this <br /> Ordinance. The Planning Board's action on an application shall be one of the <br /> following: <br /> (a) Recommend approval based on proposed findings of fact, <br /> (b) Recommend denial based on proposed findings of fact, <br /> (c) Recommend approval based on proposed findings of fact but with <br /> specified conditions. <br /> (3) Should the Planning Board fail to make a recommendation prior to the public <br /> hearing, the application shall be forwarded to the Board of County <br /> Commissioners without a Planning Board recommendation. <br /> (4) The Board of County Commissioners shall review the application during a <br /> meeting designated as a Quarterly Public Hearing. <br /> (5) All evidence shall be submitted during the public hearing. If additional evidence is <br /> requested by the Board of County Commissioners during a hearing which must <br /> be submitted at a later date, the hearing shall be continued to a date/time certain <br /> in order to receive the additional evidence. <br /> Orange County, North Carolina—Unified Development Ordinance Page 2-20 <br />