Orange County NC Website
20 <br /> <br />• Class B (i.e. 76ft to 199.9 ft.) balloon test/NIM held 6 weeks (42 days) <br />prior to a public hearing. <br />– Conditional Use District (CUD): 45 days prior to a public hearing. <br />– Conditional Zoning District (CZD): 14 days prior to a public hearing. <br />– Minor Subdivisions (flexible development more than 5 lots) before staff action on <br />request. <br />– Major subdivision: 14 days prior to Concept Plan review by Planning Board. <br />– Government Uses: Has to occur prior to the formal submittal of the Zoning <br />Compliance Permit/Site Plan application. <br /> <br />Issue: <br />• NIM typically 45 days before a public hearing. <br />• Projects requiring review/recommendation by Planning Board, NIMs being held within a <br />few days/a week before meeting. <br />• Members of the public, Planning Board members, and elected officials have expressed <br />concerns NIMs are occurring too close to the Planning Board meeting to be of benefit. <br /> <br />Proposal: <br />To address these issues staff is recommending: <br />• NIMS for: <br />– Class A Special Use Permits (Non-telecom facility), <br />– CUD, and <br />– CZD applications <br />be held a minimum of 14 days prior to the Planning Board’s scheduled review of the item. <br />– STAFF COMMENT: Notices of NIM required to be mailed a minimum of 14 days <br />prior to the date of the meeting. <br />• Subdivision stays as is (already 14 days prior to Planning Board) <br />• Balloon test/NIM for Telecommunication Class B Special Use Permits occur 45 days <br />prior to the public hearing (rather than the current 42 days). <br />– STAFF COMMENT: Ensure consistency with established practice that NIM is <br />held minimum 45 days before a public hearing. <br />Amendments address concerns about time between NIMs and Planning Board meetings, and <br />works to establish desired uniformity. <br /> <br />Recommendation: <br />The Manager recommends the Board: <br />1. Receive the proposed amendments; <br />2. Conduct the public hearing and accept comment; <br />3. Close the public hearing. (Note that, because this is a legislative decision, additional <br />comments at a later date are permitted); and <br />4. Decide on one of the following options: <br />a. Adopt the proposed amendments by approving the Statement of Consistency <br />(Attachment 3) and Ordinance (Attachment 4). <br />b. Defer a decision to a later BOCC regular meeting date. <br />c. Refer the item back to the Planning Board for a specific purpose. <br /> <br />Commissioner Jacobs referred to the purpose statement on page 3, which states, “shall <br />be mailed a minimum of 14 days prior to the date of the meeting.” He said this language was <br />not as clear as it might be, and he wondered to which meeting the language referred.