ORC agenda 080515 - Laserfiche WebLink

Browse Search

Article 2: Procedures Section 2.4: Zoning Compliance Permits Orange County, North Carolina – Unified Development Ordinance Page 2-9 (B) The Planning Board shall review and comment on applications and shall make one of the following recommendations prior to the quarterly public hearing: (1) Recommend approval, (2) Recommend denial, (3) Recommend approval but with specified changes. (4) Recommend the Planning Board be given extended time to consider the matter.20 (C) Should the Planning Board fail to make a recommendation prior to the quarterly public hearing, the application shall be forwarded to the Board of County Commissioners without a Planning Board recommendation.21 2.3.11 Action by Board of County Commissioners (A) The Board of County Commissioners shall not consider enactment of proposed amendment until hold a public hearing after the Planning Board either makes its recommendation or takes no action on the application as prescribed in this section within 30 days of its referral.22 (B) In making its decision, the Board of Commissioners shall consider all relevant evidence presented at the public hearing and any submitted written evidence that was considered by the Planning Board in making its recommendation. (C) The Board of Commissioners, upon receipt of a recommended Comprehensive Plan or portion thereof from the Planning Board, shall consider such recommendations and adopt them by resolution, either unchanged or with modifications. (B) After the Board of County Commissioners closes the public hearing, the Board of County Commissioners shall do one of the following: (1) defer a decision to a later Board of County Commissioners meeting date, or (2) make a decision. (C) In making its decision, the Board of Commissioners shall consider comments made at the public hearing, the Planning Board’s recommendation, and the Planning Director’s recommendation. SECTION 2.4: ZONING COMPLIANCE PERMITS 2.4.1 Applicability (A) As required by this Ordinance, a Zoning Compliance Permit must be issued before any new site development, building, structure, or vehicular use area may be erected, constructed or used. 20 The previous version the ORC reviewed proposed to allow the Planning Board to make a preliminary recommendation and request that the BOCC refer the application back to the Planning Board of significant new information were presented at the public hearing. The Staff Attorney has suggested that, because the BOCC always has the procedural right to send an application back to the Planning Board, that the previously proposed possibility be removed and replaced with the language shown in (4). Additionally, the Staff Attorney has recommended that procedural rights not be codified in the UDO; this has resulted in some changes from the version the ORC reviewed in July 2015. Some procedural aspects of the process will be available via “cheat sheets” the night of the Planning Board meeting and/or public hearing. 21 This paragraph is a slight modification from existing paragraph (C), which is proposed to be deleted. It addresses what happens in the event the Planning Board fails to make a recommendation (namely, that the process moves forward without a Planning Board recommendation). 22 The Staff Attorney has suggested this paragraph be rephrased to make it affirmative. 18