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Article 2: Procedures Section 2.3: Comprehensive Plan Amendments (2) For amendments to the Comprehensive Plan text, a copy of the existing text provision(s) which the applicant proposes for amendment, and a written statement which describes in detail changes which the applicant proposes to make to the text of the Comprehensive Plan and the rationale for the proposed amendment consistent with the standards established in this Ordinance; and (3) All other circumstances, factors and reasons which the applicant offers in support of the proposed Comprehensive Plan amendment. 2.3.9 Analysis and Recommendation The Planning Director shall cause an analysis to be made of the application and, based upon that analysis, prepare a recommendation for consideration by the Planning Board and the Board of County Commissioners. 2.3.10 Planning Board Review (A) Following the public hearing, all proposed amendments shall be referred to the Planning Board for consideration and recommendation. (B) The Board of County Commissioners may shall direct the Planning Board to provide a recommendation by a date certain 4. In no case shall the date certain be less than 30 calendar days 5. If the Board of County Commissioners does not so direct, the Planning Board shall make its recommendation within three regularly scheduled Planning Board meetings unless the Board of County Commissioners grants an extension. (C) If the Planning Board fails to make a recommendation within the time allotted in subsection (B), the application shall be forwarded to the Board of County Commissioners without a Planning Board recommendation. (D) Amendments initiated by Orange County shall not be subject to time limitations other than those specified by the Board of County Commissioners during the public hearing process.6 (E) Evidence not presented at the public hearing may be submitted in writing to the Planning Board for consideration prior to the Planning Board’s recommendation to the Board of County Commissioners. The Planning Board may consider additional oral evidence only if it is for the purpose of presenting information also submitted in writing. 2.3.11 Action by Board of County Commissioners (A) The Board of County Commissioners shall not consider enactment of the proposed amendment until the Planning Board either makes its recommendation or takes no action on the application as prescribed in this section. (B) In making its decision, the Board of Commissioners shall consider all relevant evidence presented at the public hearing and any submitted written evidence that was considered by the Planning Board in making its recommendation. 4 It has been the County’s practice for several years to hold the public hearing open until a date/time certain in order to receive the Planning Board’s recommendation. A determination was made by the former County attorney several years ago that this practice was necessary in order to meet State requirements for the public hearing process. 5 NCGS §153A-344states that: Subsequent to initial adoption of a zoning ordinance, all proposed amendments to the zoning ordinance or zoning map shall be submitted to the planning board for review and comment. If no written report is received from the planning board within 30 days of referral of the amendment to that board, the board of county commissioners may proceed in its consideration of the amendment without the planning board report. The board of commissioners is not bound by the recommendations, if any, of the planning board. 6 This section is irrelevant due to the practice of holding the public hearing open until a date/time certain in order to receive the Planning Board’s recommendation. (E) will be renumbered (D). Orange County, North Carolina – Unified Development Ordinance Page 2-7