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Article 2: Procedures Section 2.7: Special Use Permits (D) The chair or presiding officer may take whatever action is necessary to limit testimony to the presentation of new factual evidence that is material to the application, to ensure fair and orderly proceedings, and to otherwise promote the efficient and effective gathering of evidence. Such actions may include: (1) Barring the presentation of obvious hearsay evidence, (2) Barring the presentation of non-expert opinion, (3) Interrupting digressions into immaterial testimony, (4) Interrupting repetitive testimony, (5) Reasonably limiting the time allotted each witness or cross-examination, (6) Providing for the selection of spokespersons to represent groups of persons with common interests, (7) Interrupting personal attacks, and/or (8) Ordering an end to disorderly conduct. (E) Where the Board finds compliance with the general standards, specific rules governing the specific use, and that the use complies with all required regulations and standards, the application must be approved unless the Board shall also find, in some specific manner, that: (1) the use will not maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted. (F) Those opposing approval of the application on the grounds that the use will not promote the public health, safety and general welfare shall have the burden of establishing, by competent material and substantial evidence, the specific manner in which the proposed use does not satisfy the requirements for approval of the application for a Special Use. 2.7.8 Review and Decision (A) For Class A Special Use permits, the following shall apply: (1) The Board of County Commissioners and Planning Board shall review the application during a regularly scheduled public hearing. (2) Following review at a public hearing, the Special Use permit application shall be referred to the Planning Board for its consideration and recommendation. (3) The Board of County Commissioners may shall direct the Planning Board to provide a recommendation by a date certain 7. If the Board of County Commissioners does not so direct, the Planning Board shall make its recommendation within three regularly scheduled meetings. (4) If the Planning Board fails to make a recommendation within the time allotted within subsection (3) above, the application shall be forwarded to the Board of County Commissioners without a Planning Board recommendation. 8 The Planning Board shall make a recommendation based upon information entered into the record at the public hearing but shall not make the findings required in Section 5.3.2(A).9 7 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. 8 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. 9 Because the Planning Board will not officially attend the quasi-judicial public hearing (individual members may choose to attend but a quorum of Planning board members will not be necessary in order to conduct the public Orange County, North Carolina – Unified Development Ordinance Page 2-19