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Article 2: Procedures <br /> Section 2.7: Special Use Permits <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 2-24 <br /> <br />(4) The Board of County Commissioners and Planning Board 29 shall review the <br />application during a regularly scheduled public hearing a meeting designated as <br />a Quarterly Public Hearing. <br />(5) All evidence shall be submitted during the public hearing. If additional evidence <br />is 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.30 <br />(6) Following review at a public hearing the Special Use permit application shall be <br />referred to the Planning Board for its consideration and recommendation. <br />(7) The Board of County Commissioners may direct the Planning Board to provide a <br />recommendation by a date certain. If the Board of County Commissioners does <br />not so direct, the Planning Board shall make its recommendation within three <br />regularly scheduled meetings. <br />(8) If the Planning Board fails to make a recommendation within the time allotted <br />within subsection (3) above, the application shall be forwarded to the Board of <br />County Commissioners without a Planning Board recommendation. <br />(9) After receipt of any Planning Board recommendation and closure of closing the <br />public hearing, the Board of County Commissioners shall take action upon the <br />application. This action shall be one of the following do one of the following: <br />(a) Approval; <br />(b) Approval with conditions; or <br />(c) Denial. <br />(a) Defer action to a later Board of County Commissioners meeting date, or <br />(b) Act upon the application. <br />(10) Board of County Commissioner action on the application shall include making <br />appropriate findings of fact pursuant to Section 2.7.11, stating whether the board <br />concludes each of the applicable standards have been met and one of the <br />following: <br />(a) Approval; <br />(b) Approval but with specified conditions as provided in Section 2.7.12; or <br />(c) Denial. <br />(B) For Class B Special Use Permits, the following shall apply: <br />(1) The Board of Adjustment shall review the application during a regularly <br />scheduled public hearing. <br />(2) The Board of Adjustment shall conduct the hearing in accordance within the <br />provisions detailed in this Section as well as those contained within Section 2.12. <br />(3) After completion of closing the public hearing, the Board of Adjustment shall take <br />action upon the application. This action shall be include making appropriate <br />findings of fact pursuant to Section 2.7.11, stating whether the board concludes <br />each of the applicable standards have been met and one of the following: <br />(a) Approval; <br /> <br />29 While the Planning Board is expected to attend the public hearing, a quorum of Planning Board members will <br />not be necessary in order to conduct the hearing. <br />30 In order to meet legal requirements for quasi-judicial proceedings, staff is suggesting this proposed language. <br />Evidence would no longer be allowed to be submitted in writing after the quasi-judicial hearing. Instead, <br />additional evidence would have to be presented by experts at a subsequent hearing (which does not necessarily <br />have to be a quarterly public hearing date). <br /> 78