Orange County NC Website
(5) The Planning Board meeting is not quasi-judicial in nature and interested <br />persons may address the Planning Board at the Planning Board’s meeting. <br />However, speakers shall be informed regarding the difference between hearsay <br />and testimony and shall be told that hearsay cannot form the basis of a decision. <br />(6) The Planning Board’s shall make a general recommendation on the application <br />but shall not make the findings required in Section 5.3.2(A). The Planning <br />Board’s action on an application shall be one of the following: <br />(a) Make no recommendation, <br />(b) Recommend approval, <br />(c) Recommend denial, or <br />(d) Recommend approval but with specified changes. <br />(7) After receipt of any Planning Board recommendation and closure of the public <br />hearing, the Board of County Commissioners shall take action upon the <br />application. This action shall be one of the following: <br />(a) Approval; <br />(b) Approval with conditions; or <br />(c) Denial. <br />(B) For Class B Special Use Permits, the following shall apply: <br />(1) The Board of Adjustment shall review the application during a regularly <br />scheduled public hearing. <br />(2) The Board of Adjustment shall conduct the hearing in accordance within the <br />provisions detailed in this Section as well as those contained within Section 2.12. <br />(3) After completion of the public hearing, the Board of Adjustment shall take action <br />upon the application. This action shall be one of the following: <br />(a) Approval; <br />(b) Approval with conditions; or <br />(c) Denial. <br />2.7.10 Standards of Evaluation <br />The following specific standards shall be used in deciding on an application: <br />(A) The project meets all applicable design standards and other requirements of this <br />Ordinance. <br />(B) The development can reasonably be completed within the vesting period requested, if <br />any. <br />(C) Where vesting in excess of two years is requested, the project is located in an area <br />where current issues under study do not involve potential amendments to the <br />Comprehensive Plan and/or this Ordinance. <br />2.7.11 Required Findings <br />(A) A resolution or motion to approve the application must include the findings of fact and <br />conclusions of law that support the decision. Any proposed conditions of approval must <br />also be included in the resolution or motion to approve the application. <br />(B) A resolution or motion to deny the application must state findings of fact and conclusions <br />of law that support the decision. <br />(C) If a resolution or motion to approve the application fails, the application is deemed <br />denied. Those members voting against the resolution or motion must state which of the <br />63