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Article 2: Procedures Section 2.8: Zoning Atlas and Unified Development Ordinance Amendments Orange County, North Carolina – Unified Development Ordinance Page 2-28 (1) Said notice shall appear in said newspaper for two successive weeks with the first notice appearing not less than ten days nor more than 25 days before the date set for the public hearing. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included.27 (B) In the case of For amendments to the zoning atlas Zoning Atlas, the Planning Director shall post on the affected property a notice of the public hearing at least ten days prior to the date of said hearing. (C) In the case of For amendments to the Zoning Atlas, written notice shall be sent by certified mail to the affected property owner and all adjacent property owners at least 15 days, but not more than 25 days, before the public hearing date. Adjacent property owners are those whose names and addresses are currently listed in the Orange County tax records and whose property lies within 500 feet of the affected property. (1) If amendments to the Zoning Atlas are proposed by the County, notice shall be sent by first class mail to all affected property owners and to all adjacent property owners within 500 feet as provided in (D C) above.28 (D) The Planning Director shall certify the mailing of all notices to the Board of County Commissioners. 2.8.8 Planning Board Review (A) Following the public hearing, all proposed amendments shall be referred to the Planning Board for consideration and recommendation. (B) The Board of County Commissioners may direct the Planning Board to provide a recommendation by a date certain. If the Board of County Commissioners does not so direct, the Planning Board shall make its recommendation within three regularly scheduled Planning Board meetings 60 calendar days 29. (C) The Planning Board shall allow public comments at its meeting and those comments shall be taken into consideration by the Planning Board in making its recommendation. (D) The Planning Board’s action on an application shall be one of the following: (1) Recommend approval, (2) Recommend denial, or (3) Recommend approval but with specified changes. (E) In making its recommendation, the Planning Board shall also approve a statement describing whether its action is consistent with an adopted comprehensive plan or any other officially adopted plan that is applicable, and briefly explain why the board considers the action taken to be reasonable and in the public interest.30 (F) If the Planning Board fails to make a recommendation within the time allotted in subsection (B) above, the application shall be forwarded to the Board of County Commissioners without a Planning Board recommendation. 27 This paragraph has been indented one level to better reflect the cadence of ordinance structure. 28 This paragraph has been indented one level to better reflect the cadence of ordinance structure. 29 Staff is suggesting a shorter potential review period. In recent years, the BOCC has instructed the Planning Board to return its recommendation by a date/time certain due to the case law requirement that public hearings be adjourned to a date/time certain. Since the public hearing is now proposed to be closed the night of the hearing and the requirement for only written comments after the public hearing is proposed for removal, the Planning Board will need to know that recommendations must be made within 60 days. 30 Required by NCGS 160A-383. 58