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ORC agenda 070115
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ORC agenda 070115
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BOCC
Date
7/1/2015
Meeting Type
Regular Meeting
Document Type
Agenda
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(5) Reasonably limiting the time allotted each witness or cross-examination, <br />(6) Providing for the selection of spokespersons to represent groups of persons with <br />common interests, <br />(7) Interrupting personal attacks, and/or <br />(8) Ordering an end to disorderly conduct. <br />(E) Where the Board finds compliance with the general standards, specific rules governing <br />the specific use, and that the use complies with all required regulations and standards, <br />the application must be approved unless the Board shall also find, in some specific <br />manner, that: <br />(1) the use will not maintain or promote the public health, safety and general <br />welfare, if located where proposed and developed and operated according to the <br />plan as submitted. <br />(F) Those opposing approval of the application on the grounds that the use will not promote <br />the public health, safety and general welfare shall have the burden of establishing, by <br />competent material and substantial evidence, the specific manner in which the proposed <br />use does not satisfy the requirements for approval of the application for a Special Use. <br />2.7.9 Review and Decision <br />(A) For Class A Special Use permits, the following shall apply: <br />(1) The Board of County Commissioners and Planning Board shall review the <br />application during a regularly scheduled public hearing one of the four quarterly <br />public hearings that occur each calendar year. <br />(a) A quorum of Planning Board members shall not be necessary to conduct <br />the public hearing. <br />(b) At the conclusion of the hearing, the hearing shall be closed unless the <br />Board of Commissioners requests additional information in which case <br />the hearing shall be adjourned to a date/time certain. <br />(c) The date/time certain shall be either a regularly scheduled Board of <br />County Commissioners meeting or a future quarterly public hearing.12 <br />(2) Following review at a public hearing, the Special Use permit application shall be <br />referred to the Planning Board for its consideration and recommendation. <br />(3) The Board of County Commissioners may direct the Planning Board to provide a <br />recommendation by a date certain. If the Board of County Commissioners does <br />not so direct, the Planning Board shall make its recommendation within three <br />regularly scheduled meetings 60 calendar days. <br />(4) If the Planning Board fails to make a recommendation within the time allotted <br />within subsection (3) above, the application shall be forwarded to the Board of <br />County Commissioners without a Planning Board recommendation. <br />12 (a) of this subsection is a change from the current process which allows information to be submitted in writing. <br />Staff believes that having quasi-judicial evidence presented at a subsequent hearing is a better process for quasi- <br />judicial items. Additionally, it will alleviate the awkward process of keeping a hearing open in order to receive any <br />submitted written comments and placing those items on “public hearing” portion of the BOCC agenda but with a <br />note that no additional comments are accepted. (b) of this subsection clarifies that the subsequent hearing can be <br />either a regular meeting date or a future QPH. This decision would be made by the BOCC the night of the initial <br />hearing and would depend on the complexity of additional information requested. <br />62
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