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Article 2: Procedures <br /> Section 2.4: Zoning Compliance Permits <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 2-8 <br /> <br />(B) 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 not so <br />direct, the Planning Board shall make its recommendation within three regularly <br />scheduled Planning Board meetings 60 calendar days 15 unless the Board of County <br />Commissioners grants an extension. <br />(C) The Planning Board shall allow public comments at its meeting and those comments <br />shall be taken into consideration by the Planning Board in making its recommendation. <br />(D) The Planning Board shall review and comment on applications and shall make one of the <br />following recommendations after the public hearing: <br />(1) Recommend approval, <br />(2) Recommend denial, or <br />(3) Recommend approval but with specified changes. <br />(E) If the Planning Board fails to make a recommendation within the time allotted in <br />subsection (B), the application shall be forwarded to the Board of County Commissioners <br />without a Planning Board recommendation. <br />(F) Amendments initiated by Orange County shall not be subject to time limitations other <br />than those specified by the Board of County Commissioners during the public hearing <br />process.16 <br />(G) Evidence not presented at the public hearing may be submitted in writing to the Planning <br />Board for consideration prior to the Planning Board’s recommendation to the Board of <br />County Commissioners. The Planning Board may consider additional oral evidence only <br />if it is for the purpose of presenting information also submitted in writing.17 <br />2.3.11 Action by Board of County Commissioners <br />(A) The Board of County Commissioners shall not consider enactment of the a proposed <br />amendment until the Planning Board either makes its recommendation or takes no action <br />on the application as prescribed in this section Section 2.3.10. <br />(B) In making its decision, the Board of Commissioners shall consider all relevant evidence <br />presented at the public hearing and any submitted written evidence that was considered <br />by the Planning Board in making its recommendation. <br />(C) The Board of Commissioners, upon receipt of a recommended Comprehensive Plan or <br />portion thereof from the Planning Board, shall consider such recommendations and adopt <br />them by resolution, either unchanged or with modifications. <br /> <br />15 Staff is suggesting a shorter potential review period. In recent years, the BOCC has instructed the Planning <br />Board to return its recommendation by a date/time certain due to the case law requirement that public hearings <br />be adjourned to a date/time certain. Since the public hearing is now proposed to be closed the night of the <br />hearing and the requirement for only written comments after the public hearing is proposed for removal, the <br />Planning Board will need to know that recommendations must be made within 60 days. <br />16 Staff is suggesting that amendments initiated by the County have the same review time as applications <br />submitted by others. <br />17 Staff is suggesting that oral comments on legislative items could be made at the Planning Board meeting and <br />they would not also have to be submitted in writing. This will help alleviate the current awkward process of <br />leaving the public hearing open in order to receive written comments which necessitates items being placed on the <br />BOCC under the “public hearing” heading but with the note that no additional comments are accepted. <br />48