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Article 2: Procedures Section 2.7: Special Use Permits Orange County, North Carolina – Unified Development Ordinance Page 2-23 (2) The Planning Director shall post on the affected property a notice of the public hearing at least ten days but not more than 25 days prior to the date of said hearing. (3) Notice of the public hearing shall be published in a newspaper of general circulation in Orange County once a week for two successive weeks, with the first notice to be published not less than ten days nor more than 25 days prior to the date of the 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. 2.7.7 Notice Requirements for Class B Special Use Permits Notice Requirements for Class B Special Use Permits shall follow the procedures in Section 2.12.6. 2.7.8 Nature of Proceedings (A) The review of Special Use Permit applications shall be conducted during a public hearing by the decision-making board. (B) The review of a Special Use Permit application is a quasi-judicial process, where the Board responsible for rendering a decision acts much like a panel of judges. The Board hears factual evidence and sworn testimony presented at an evidentiary hearing, and then makes findings of fact supported by competent, substantial, and material evidence. (C) The chair or presiding officer of the hearing shall swear all parties intending to present evidence or testimony during the hearing. (D) The chair or presiding officer may take whatever action is necessary to limit testimony to the presentation of new factual evidence that is material to the application, to ensure fair and orderly proceedings, and to otherwise promote the efficient and effective gathering of evidence. Such actions may include: (1) Barring the presentation of obvious hearsay evidence, (2) Barring the presentation of non-expert opinion, (3) Interrupting digressions into immaterial testimony, (4) Interrupting repetitive testimony, (5) Reasonably limiting the time allotted each witness or cross-examination, (6) Providing for the selection of spokespersons to represent groups of persons with common interests, (7) Interrupting personal attacks, and/or (8) Ordering an end to disorderly conduct. (E) Where the Board finds compliance with the general standards, specific rules standards governing the specific use, and that the use complies with all required regulations and standards, the application must be approved unless the Board shall also find, in some specific manner, noncompliance with a general standard that if located where proposed and developed and operated according to the plan as submitted: (1) the use will not maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted (2) the use will not substantially injure the value of adjoining property or, if so, is a public necessity; and, Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 1" Comment [JCB19]: This is confusing because “general standards” likely is a reference to the case law minimum for guiding standards which are codified at 5.3.2(A) …but one (and only one) of those three general standards is listed below as a subsection to this. Comment [JCB20]: Clarification, I believe the intent was specific standards. Formatted: Indent: Left: 1.5" Formatted: (none) Formatted: (none) 18