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Article 2: Procedures <br /> Section 2.8: Zoning Atlas and Unified Development Ordinance Amendments <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 2-31 <br /> <br />2.8.8 Planning Board Review 38 <br />(A) Following the public hearing, all proposed amendments shall be referred to the Planning <br />Board for consideration and recommendation. <br />(B) 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 not so <br />direct, the Planning Board shall make its recommendation within three regularly <br />scheduled Planning Board meetings. <br />(C) If the Planning Board fails to make a recommendation within the time allotted in <br />subsection (B) above, the application shall be forwarded to the Board of County <br />Commissioners without a Planning Board recommendation. <br />(D) Amendments initiated by Orange County shall not be subject to time limitations other <br />than those specified by the Board of County Commissioners during the public hearing <br />process. <br />(E) Evidence not presented at the public hearing may be submitted in writing to the Planning <br />Board for consideration prior to the Planning Board’s recommendation to the Board of <br />County Commissioners. The Planning Board may consider additional oral evidence only <br />if it is for the purpose of presenting information also submitted in writing. <br />(A) The Planning Board shall allow public comments at its meeting and those comments <br />shall be taken into consideration by the Planning Board in making its recommendation. <br />(B) The Planning Board’s action on an application shall be one of the following: <br />(1) Recommend approval, <br />(2) Recommend denial, <br />(3) Recommend approval but with specified changes, or <br />(4) Recommend the Planning Board be given extended time to consider the matter. <br />(C) In making its recommendation, the Planning Board shall also approve a statement <br />describing whether its action is consistent with an adopted comprehensive plan or any <br />other officially adopted plan that is applicable, and briefly explain why the board <br />considers the action taken to be reasonable and in the public interest.39 <br />(D) Should the Planning Board fail to make a recommendation prior to the quarterly public <br />hearing, the application shall be forwarded to the Board of County Commissioners <br />without a Planning Board recommendation.40 <br />2.8.9 Action by Board of County Commissioners <br />(A) The Board of County Commissioners shall not consider enactment of the proposed <br />amendment until hold a public hearing after the Planning Board either makes its <br /> <br />38 These proposed revisions incorporate the discussion the Planning Board had in October, November, and <br />December 2014 and which the BOCC discussed on May 12, 2015. The cadence of the review process would be <br />revised to have the Planning Board make its recommendation prior to the public hearing. Notices would be mailed <br />to nearby property owners and a sign(s) would be posted; this revision will notify nearby property owners of <br />potential changes much earlier in the process. Although the Planning Board meeting would not be an official <br />public hearing, interested persons could address the Planning Board (the existing requirement for written <br />comments only is not proposed to continue in this revised process) and the Planning Board can take all public <br />comments into consideration when making its recommendation. <br />39 Required by NCGS 160A-383. <br />40 This paragraph is a slight modification from existing paragraph (C), which is proposed to be deleted. It addresses <br />what happens in the event the Planning Board fails to make a recommendation (namely, that the process moves <br />forward without a Planning Board recommendation). <br /> 84