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Article 2: Procedures <br /> Section 2.3: Comprehensive Plan Amendments <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 2-4 <br /> <br />(A) If the Board of County Commissioners denies an application, or the application is <br />withdrawn subsequent to notice of the public hearing thereon, no application for the same <br />or similar amendment, affecting the same property or a portion of it, may be submitted for <br />a period of one year. Said one year <br />period begins on the date of denial or <br />withdrawal, as appropriate. <br />2.2.9 Manner of Review 2 <br />Applications requiring a public hearing shall be <br />reviewed using either a legislative process or a <br />quasi-judicial process as follows: <br />(A) Comprehensive Plan amendments – <br />legislative <br />(B) Special Use Permits – quasi-judicial <br />(C) Zoning Atlas and Unified Development <br />Ordinance amendments – legislative <br />(D) Conditional Use District (CUD) – rezoning <br />portion is legislative; Special Use Permit <br />portion is quasi-judicial <br />(E) Conditional Zoning District (CZD) - <br />legislative <br />SECTION 2.3: COMPREHENSIVE PLAN <br />AMENDMENTS <br />2.3.1 Review and Approval Flow Chart <br />The review and approval process for <br />Comprehensive Plan Amendments is shown in the <br />procedure’s flowchart. <br />2.3.2 Generally <br />(A) The Comprehensive Plan shall be so <br />prepared that all or individual elements <br />and parts thereof may be adopted and/or <br />amended by the Board of Commissioners. <br />(B) For the purpose of establishing and <br />maintaining sound, stable, and desirable <br />development within Orange County, the <br />Comprehensive Plan or portion thereof <br />shall not be amended except as follows: <br />(1) Because of changed or changing <br />conditions in a particular area or <br />areas of the County; <br />(2) To correct an error or omission; or <br /> <br />2 Proposed to be added to provide clarity on which type of review process is used for the various types of <br />applications that require a public hearing. Staff is not suggesting adding the specifics of each process in the UDO <br />as specifics may change as case law is made or State statutes are modified. <br />BOCC Decision <br />Submission of <br />Application <br />Text Land Use Plan <br />(Map) <br />Publish Legal Ad <br />Post Sign <br />Mail Notice <br />Publish <br />Legal Ad <br />If Principal <br />Amendment, Public <br />Hearing in Feb. [1]; <br /> If Secondary <br />Amendment, Public <br />Hearing in Feb, May, <br />Aug, or Nov <br />Staff Recommendation <br />to Planning Board <br />Staff and PB Recommendation <br />to BOCC <br />[1] If principal amendment is County initiated, it <br />may be scheduled by BOCC at any quarterly Public <br />Hearing. <br />Comprehensive <br />Plan <br />Amendment <br />Classification - <br /> Text or Land Use Plan (Map) <br />See proposed revised <br />flow chart on next page <br />12