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Can I talk to the Board members about my con- <br />cerns with a proposed Special Use before the hear- <br />ing? <br />No. This is commonly referred to as ex parte commu- <br />nication. Board members cannot discuss the case with <br />anyone, including the applicant or County staff, out- <br />side of the public hearing. <br />Who can speak during a quasi - judicial hearing? <br />Only those individuals sworn in or affirmed as offering <br />expert or qualified testimony may testify on the merits <br />of the application. <br />What is considered evidence? <br />Breaking down what constitutes evidence can best be <br />summarized as follows: <br />i. Competent/material evidence: Evidence from <br />a recognized expert or a trustworthy source. <br />For example a realtor who has professional <br />experience and can offer an opinion if a specif- <br />ic project will or will not impact the value of <br />adjacent property. <br />ii. Substantial evidence: evidence that which a <br />`reasonable mind' would regard as sufficiently <br />supporting a specific result. <br />iii. Material evidence: evidence that is relevant to <br />the issue being considered. <br />For more detail on what constitutes evidence you can <br />refer to a Special Use permit fact sheet which can be <br />viewed using the following link: http: // <br />www.orangecountypc.gov/departments/ <br />planning and inspections /documents.php. <br />As a general rule, anyone with knowledgeable infor- <br />mation (i.e. relevant) to the case may provide factual <br />information, but only experts may provide opinion tes- <br />timony. Even expert testimony must be competent (i.e. <br />the expert has qualifications relevant to the issue) and <br />material before the decision - making board can rely on <br />it. <br />How are decisions made? <br />Members of the board rendering the decision must make <br />their decision solely on the competent, material and <br />substantial evidence presented at the hearing. <br />The Orange County Planning Department looks <br />forward to working with all property owner to ad- <br />dress questions and concerns over the issuance of <br />a Zoning Compliance Permit and will be more <br />than happy to make themselves available to you to <br />address any concerns you may have . <br />To request assistance, or review provisions of the <br />Zoning Ordinance, please contact the Planning <br />staff at (919) 245 -2597. <br />�ogntp of <br />®CMIM0 = 20 <br />Orange County Planning and <br />Inspections <br />131 West Margaret Lane <br />PO Box 8181 <br />Hillsborough, NC 27278 <br />Phone: (9 19) 245 -2597 <br />Fax: (919) 644 -3347 <br />Email: mharvey @orangecountync.gov <br />®�Q�ge C."." <br />Orange County 6 <br />Planning and Inspections <br />17 52 Department <br />e <br />Oath �dCa``� <br />Zoning Information Brochure : <br />Legislative versus <br />Quasi - Judicial Hearings <br />A citizens guide to the different <br />development review processes utilized <br />within Orange County <br />Attachment 3 <br />Orange County Planning and <br />Inspections <br />131 West Margaret Lane <br />PO Box 8181 <br />Hillsborough, NC 27278 <br />Phone: (919) 245 -2597 <br />Fax: (919) 644 -3347 <br />Email: mharvey @orangecountync.gov <br />