Agenda - 04-20-2018 4-b - Board of Adjustment Overview

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Purpose: The purpose of these informational brochures is to supply local citizens with essential information con- cerning various Planning and Zoning related topics in order to foster greater understanding of local regula- tions. This brochure is intended to provide guidance to local residents on how to properly address specific planning issues as well as to inform local residents what there rights are with respect to specific areas of concern. What is the legislative review process and when is it used ? A legislative review process is typically used to re- view requests to rezone property, act on certain appli- cations proposing the subdivision of property, or to amend local land use regulations as contained within the Orange Count Unified Development Ordinance (UDO). It is the most common review process em- ployed by the County. When are legislative items reviewed? Such items are typically reviewed first by the Plan- ning Board and then by the elected officials during a previous advertised public hearing. How am I notified of the meetings? Notices are sent out by first -class mail to property owners within 1,000 feet of the property where the use will be located, a sign is posted on the subject proper- ty announcing the date /location of the public hearing, and the County advertises the hearing Who can speak during the review of a legislative item? Anyone can address the elected officials or staff on a legislative item. The Orange County Board of Com- missioners can solicit and consider the comments and concerns of many different constituents and listen to the different viewpoints involved in an issue. Can I speak to a Planning Board member or a County Commissioner about a legislative item be- fore the public hearing? Yes. Individual Board members can review and dis- cuss the matter at any time and place, even before the holding of the Planning Board meeting or the required public hearing. How are decisions made on a legislative item? Decisions are made based on all comments received, the recommendation of the County Planning Board, a recommendations made by County staff, as well as the Board members own experiences, opinions and judg- ment. What is the quasi - judicial process and when is it used? A quasi - judicial process is typically used to review land use development applications, commonly called a Spe- cial Use. In this process the Board hears factual evi- dence and sworn testimony presented at a previous ad- vertised public hearing and then makes a determination on whether the permit can be issued based on the evi- dence presented. What is a Special Use and where can I find a list of allowable uses in Orange County? A Special Use is a use of property where the County has previously determined the potential impacts of its development calls for special consideration. Section 5.2. Table of Permitted Uses of the UDO contains a list of those specific land uses identified considered to be a Special Use. Orange County has 2 different categories of SUP, specifically: Class A reviewed and acted upon by the Board of County Commissioners (BOCC), with a recommendation from the Planning Board, and Class B reviewed and acted upon by the Orange County Board of Adjustment.. How am I notified of the meeting? 7 Notices are sent out by first -class mail to property own- ers within 1,000 feet of the property where the use will be located, a sign is posted on the subject property an- nouncing the date /location of the public hearing, and the County advertises the hearing Can staff help me prepare for the meeting? Staff is always happy to offer guidance and assistance with respect to understanding the Special Use permit process and what types of arguments can be made with respect to supporting or opposing an application. Staff cannot, however, help you prepare an argument or act as an expert for you. How does a quasi - judicial public hearing work? The review of a Special Use occurs in the following general manner: 1. A public hearing is scheduled and advertised in accordance with the UDO and State law, 2. Individuals intending on addressing the decision making body are sworn (i.e. indicate they are going to offer factual testimony and evidence), 3. Those in favor of the application present sub- stantial, competent evidence that a proposal meets the requirements of the UDO, 4. Those in opposition must also present substan- tial, competent evidence that the proposal does not meet the applicable standards. The purpose of the hearing is to allow those in favor or opposition to a proposed Special Use to present evidence to the decision making board that the proposed use does or does not comply with applicable standards. Opinions, hearsay, general comments, or per- sonal feelings on a project are not considered evidence and cannot be used in rendering a decision on a permit request. 4. The Board rendering the decision bases the deci- sion to approve or deny the permit request on the evidence and testimony offered during the hear- ing.