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Article 2: Procedures <br /> Section 2.2: Applications <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 2-4 <br /> <br />The Planning Director shall approve a request for withdrawal of an application if it <br />has been submitted prior to public notification of the application in accordance <br />with public notification requirements for the specific application type. <br />(C) Subsequent to Notice of Public Hearing <br />Withdrawal of an application <br />subsequent to public notification of <br />the application in accordance with <br />public notification requirements for <br />the specific application type shall be <br />considered, for the purposes of this <br />Article, a denial of the application. <br />(D) Fees <br />Fees shall not be refunded for <br />withdrawn applications. <br />2.2.8 Effect of Denial on Subsequent <br />Applications <br />(A) For Comprehensive Plan, Zoning <br />Atlas and Unified Development <br />Ordinance or other legislative <br />amendments, Iif the Board of County <br />Commissioners denies an <br />application, or the application is <br />withdrawn subsequent to notice of <br />the public hearing thereon, no <br />application for the same or similar <br />amendment, affecting the same <br />property or a portion of it, may be <br />submitted for a period of one year. <br />Said one year period begins on the <br />date of denial or withdrawal, as <br />appropriate. <br />(A)(B) For all matters requiring a quasi <br />judicial hearing, if the Board denies <br />an application, no application for the <br />same proposal may be considered <br />until there has been a material <br />change in conditions. <br />2.2.9 Manner of Review <br />Applications requiring a public hearing shall <br />be reviewed using either a legislative <br />process or a quasi-judicial process as <br />follows: <br />(A) Comprehensive Plan amendments – <br />legislative <br />(B) Special Use Permits – quasi-judicial <br />(C) Zoning Atlas and Unified <br />Development Ordinance <br />amendments – legislative <br />(D) Conditional Use District (CUD) – <br />rezoning portion is legislative; <br />BOCC Decision <br />Application <br />Submittal <br />Text Future Land Use Map <br />Publish Legal Ad <br />(Both Amendment Types) <br /> <br />Public Hearing <br />Staff and Planning Board <br />Recommendation to BOCC <br />Comprehensive <br />Plan <br />Amendments <br />Post Sign / Mail Notice for <br />Planning Board Meeting <br />and Public Hearing <br />Development Advisory <br />Committee Meeting <br />Staff Recommendation to <br />Planning Board <br />Planning Board Review <br />and Recommendation <br />Note: This chart is meant as a graphical <br />representation of the UDO text; the text shall take <br />priority in any conflict or ambiguity. <br />Formatted: Indent: Left: 0.5" <br />Formatted: Indent: Left: 1" <br />Formatted: (none) <br />Formatted: Indent: Left: 0.5" <br />Formatted: Indent: Left: 1" <br /> 12