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BOA agenda 110915
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BOA agenda 110915
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11/9/2015
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Regular Meeting
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Agenda
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BOA minutes 110915
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\Advisory Boards and Commissions - Active\Orange County Board of Adjustment\Minutes\2015
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1:1:3 <br />general or specific rules therein contained, provided no change in permitted uses may be <br />authorized by variance. <br />(cl) The regulations may also provide that the board of adjustment, the planning board, <br />or the board of commissioners may issue special use permits or conditional use permits in the <br />classes of cases or situations and in accordance with the principles, conditions, safeguards, and <br />procedures specified therein and may impose reasonable and appropriate conditions and <br />safeguards upon these permits. Where appropriate, the conditions may include requirements <br />that street and utility rights -of -way be dedicated to the public and that recreational space be <br />provided. When deciding special use permits or conditional use permits, the board of county <br />commissioners or planning board shall follow quasi-judicial procedures. Notice of hearings on <br />special or conditional use permit applications shall be as provided in G.S. 160A- 388(a2). No <br />vote greater than a majority vote shall be required for the board of county commissioners or <br />planning board to issue such permits. For the purposes of this section, vacant positions on the <br />board and members who are disqualified from voting on a quasi-judicial matter shall not be <br />considered "members of the board" for calculation of the requisite majority. Every such <br />decision of the board of county commissioners or planning board shall be subject to review of <br />the superior court in the nature of certiorari consistent with G.S. 160A -388. <br />(d) A county may regulate the development over estuarine waters and over lands <br />covered by navigable waters owned by the State pursuant to G.S. 146 -12, within the bounds of <br />that county. <br />(e) For the purpose of this section, the term "structures" shall include floating homes. <br />(f) Repealed by Session Laws 2005 -426, s. 5(b), effective January 1, 2006. <br />(g) A member of the board of county commissioners shall not vote on any zoning map <br />or text amendment where the outcome of the matter being considered is reasonably likely to <br />have a direct, substantial, and readily identifiable financial impact on the member. Members of <br />appointed boards providing advice to the board of county commissioners shall not vote on <br />recommendations regarding any zoning map or text amendment where the outcome of the <br />matter being considered is reasonably likely to have a direct, substantial, and readily <br />identifiable financial impact on the member. <br />(h) As provided in this subsection, counties may adopt temporary moratoria on any <br />county development approval required by law. county development approval required by law, <br />except for the purpose of developing and adopting new or amended plans or ordinances as to <br />residential uses. The duration of any moratorium shall be reasonable in light of the specific <br />conditions that warrant imposition of the moratorium and may not exceed the period of time <br />necessary to correct, modify, or resolve such conditions. Except in cases of imminent and <br />substantial threat to public health or safety, before adopting an ordinance imposing a <br />development moratorium with a duration of 60 days or any shorter period, the board of <br />commissioners shall hold a public hearing and shall publish a notice of the hearing in a <br />newspaper having general circulation in the area not less than seven days before the date set for <br />the hearing. A development moratorium with a duration of 61 days or longer, and any <br />extension of a moratorium so that the total duration is 61 days or longer, is subject to the notice <br />and hearing requirements of G.S. 153A -323. Absent an imminent threat to public health or <br />safety, a development moratorium adopted pursuant to this section shall not apply to any <br />project for which a valid building permit issued pursuant to G.S. 153A -357 is outstanding, to <br />any project for which a conditional use permit application or special use permit application has <br />been accepted, to development set forth in a site - specific or phased development plan approved <br />pursuant to G.S. 153A- 344.1, to development for which substantial expenditures have already <br />been made in good faith reliance on a prior valid administrative or quasi-judicial permit or <br />approval, or to preliminary or final subdivision plats that have been accepted for review by the <br />G.S. 153A -340 Page 2 <br />
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