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Article 2: Procedures <br /> Section 2.7: Special Use Permits <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 2-22 <br /> <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 />(2) Barring the presentation of non-expert opinion, <br />(3) Interrupting digressions into immaterial testimony, <br />(4) Interrupting repetitive testimony, <br />(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 permitsPermits, the following shall apply: <br />(1) The Board of County Commissioners and Planning Board 25 shall review the <br />application during a regularly scheduled public hearing a meeting designated as <br />a Quarterly Public Hearing. <br />(2) All evidence shall be submitted during the public hearing. If additional evidence <br />is requested during a hearing which must be submitted at a later date, the <br />hearing shall be continued to a date/time certain in order to receive the additional <br />evidence.26 <br /> <br />25 While the Planning Board is expected to attend the public hearing to hear evidence, a quorum of Planning Board <br />members will not be necessary in order to conduct the hearing. <br />26 In order to meet legal requirements for quasi-judicial proceedings, staff is suggesting this proposed language. <br />Evidence would no longer be allowed to be submitted in writing after the quasi-judicial hearing. Instead, <br />additional evidence would have to be presented by experts at a subsequent hearing (which does not necessarily <br />have to be a quarterly public hearing date). <br />23