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Article 2: Procedures Section 2.13: Exempt Subdivisions Orange County, North Carolina – Unified Development Ordinance Page 2-39 (1) Reverse any order, requirement, decision or determination of any administrative official charged with enforcement of this Ordinance, or (2) Decide in favor of the applicant any matter upon which it is required to pass by this Ordinance including, but not limited to, the issuance of Class B Special Use permits, or (3) Effect any variation in this Ordinance. (C) A majority of the members shall be required to decide on the issuance of a Class B Special Use Permit or an appeal application. 7 2.12.5 Notification of Board Action (A) Within five working days after Board action, the Planning Director shall have available in the Planning Department’s office a notice of decision of the Board’s action. (B) The Planning Director shall notify the parties to an application or appeal of the Board’s disposition. This includes, but is not limited to: the applicant, the property owner if different from the applicant, or any individual who has submitted a written request for a copy prior to the date the decision becomes effective. 8This notice shall be made by registered or certified mail within five working days of the Board's actions. 9 (C) The Planning Director shall keep a copy of the Board's action on file. 2.12.6 Notice Requirements for Matters Before the Board (A) The Board shall give notice of matters coming before it by causing notice to be placed in a newspaper of general circulation in Orange County. The notice shall appear once a week for two consecutive weeks, the first insertion to be not less than ten days nor more than 25 days prior to the meeting date. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included. (B) In the case of application for a Class B Special Use permit or variance the Planning Director shall give written notice by certified mail to adjacent property owners. This notice shall be given not less than 15 days prior to the meeting date. Adjacent property owners are those whose property lies within 500 feet of the affected property and whom are currently listed as property owners in the Orange County tax records. (C) The Planning Director shall post on the affected property a notice of the Board meeting at least ten days prior to the meeting date. (D) In the case of an appeal of a Stop Work Order issued by the Planning Director, the Planning Director shall give written notice by certified mail to the property owner, and/or person(s) engaged in the alleged violation. Notification of adjacent property owners, posting of property, and publication of a hearing notice is not required. SECTION 2.13: EXEMPT SUBDIVISIONS 2.13.1 Generally (A) Persons proposing divisions of land that do not constitute a subdivision must request a determination of an exempt subdivision status with the Planning Director. Activities that do not constitute a subdivision are found in Section 7.2.1. 7 Simple majority vote is now all that is necessary to approve a SUP or act on an appeal. 8 State law now allows for individuals to petition the Board of Adjustment requesting notification of any decision. We are incorporating this allowance with the proposed modification. 9 Staff sends out notice of decisions via certified mail. State law was modified to allow for first-class mail to be utilized. We are not recommending changing our current procedure as we believe sending decisions via certified mail ensures we have a record of our actions. 66