Orange County NC Website
Article 2: Procedures <br /> Section 2.7: Special Use Permits <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 2-18 <br /> <br />shall mail certified notices of the meeting date and time to each property owner within <br />500 feet of the property for which a Special Use has been requested. <br />(C) The notices shall be mailed a minimum of 14 days prior to the date of the proposed <br />neighborhood information meeting. <br />(D) The applicant shall post a sign on the property advertising the date, place, and time of the <br />meeting a minimum of 10 days prior to the date of the meeting. <br />(E) The meeting shall be held a minimum of 30 days prior to the date of the Public Hearing <br />where the application is scheduled for review and public comment.2 <br />(F) Neighborhood information meetings for telecommunication facilities shall be held in <br />accordance with the provisions of Section 5.10.8 (B) (2). <br />2.7.52.7.6 Notice Requirements for Class A Special Use Permits <br />(A) The Planning Director shall give public notice of the date, time and place of the public <br />hearing to be held to receive comments, testimony and exhibits pertaining to the <br />application for a Special Use. <br />(B) Such notice shall be published in a newspaper of general circulation in Orange County <br />once a week for two successive weeks, with the first notice to be published not less than <br />ten days nor more than 25 days prior to the date of the hearing. In computing the notice <br />period, the day of publication is not to be included, but the day of the hearing is to be <br />included. <br />(C) The Planning Director shall post on the affected property a notice of the public hearing at <br />least ten days prior to the date of said hearing. <br />(D) Written notice shall be sent by certified mail to all adjacent property owners not less than <br />15 days before the hearing date. Adjacent property owners are those whose property <br />lies within five hundred feet of the affected property and whose names and addresses are <br />currently listed in the Orange County tax records. <br />2.7.62.7.7 Notice Requirements for Class B Special Use Permits <br />Notice Requirements for Class B Special Use Permits shall follow the procedures in Section <br />2.12.6. <br />2.7.72.7.8 Nature of Proceedings <br />(A) The review of Special Use Permit applications shall be conducted during a public hearing <br />by the decision-making board. <br />(B) The review of a Special Use Permit application is a quasi-judicial process, where the <br />Board responsible for rendering a decision acts much like a panel of judges. The Board <br />hears factual evidence and sworn testimony presented at an evidentiary hearing, and <br />then makes findings of fact supported by competent, substantial, and material evidence. <br />(C) The chair or presiding officer of the hearing shall swear all parties intending to present <br />evidence or testimony during the hearing. <br />(D) The chair or presiding officer may take whatever action is necessary to limit testimony to <br />the presentation of new factual evidence that is material to the application, to ensure fair <br />and orderly proceedings, and to otherwise promote the efficient and effective gathering of <br />evidence. Such actions may include: <br />(1) Barring the presentation of obvious hearsay evidence, <br /> <br />2 Typically, neighborhood information meetings are required to occur 14 days prior to a public hearing.  Staff is  <br />recommending 30 days to ensure there is adequate time for adjacent property owners/residents to receive  <br />information related to the quasi‐judicial review process and secure the necessary experts to argue for/against a  <br />specific project.  <br />10