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Article 2: Procedures Section 2.7: Special Use Permits (5) After receipt of any Planning Board recommendation and closure of the public hearing, the Board of County Commissioners shall take action upon the application. This action shall be one of the following: (a) Approval; (b) Approval with conditions; or (c) Denial. (B) For Class B Special Use Permits, the following shall apply: (1) The Board of Adjustment shall review the application during a regularly scheduled public hearing. (2) The Board of Adjustment shall conduct the hearing in accordance within the provisions detailed in this Section as well as those contained within Section 2.12. (3) After completion of the public hearing, the Board of Adjustment shall take action upon the application. This action shall be one of the following: (a) Approval; (b) Approval with conditions; or (c) Denial. 2.7.9 Standards of Evaluation The following specific standards shall be used in deciding on an application: (A) The project meets all applicable design standards and other requirements of this Ordinance. (B) The development can reasonably be completed within the vesting period requested, if any. (C) Where vesting in excess of two years is requested, the project is located in an area where current issues under study do not involve potential amendments to the Comprehensive Plan and/or this Ordinance. 2.7.10 Required Findings (A) A resolution or motion to approve the application must include the findings of fact and conclusions of law that support the decision. Any proposed conditions of approval must also be included in the resolution or motion to approve the application. (B) A resolution or motion to deny the application must state findings of fact and conclusions of law that support the decision. (C) If a resolution or motion to approve the application fails, the application is deemed denied. Those members voting against the resolution or motion must state which of the conclusions of law they could not reach as well as findings of fact on which their inability to reach the conclusions is based. hearing), the Planning Board may not make findings. However, the Planning Board may make a general recommendation to the BOCC. Alternatively, the Planning Board could be removed from the approval process for Class A Special Use Permits (and apparently was not part of the process more than 10 years ago, but was made part of the process via procedural policy several years ago which became codified when the UDO was adopted in 2011). However, it could be problematic to implement this idea from a procedural standpoint when a project might require both a rezoning and an SUP (as in the case of Conditional Use). For this reason, staff is recommending that the Planning Board recommendation on Class A SUPs would be a general recommendation rather than one that requires that findings be made. Orange County, North Carolina – Unified Development Ordinance Page 2-20