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Article 2: Procedures Section 2.7: Special Use Permits Orange County, North Carolina – Unified Development Ordinance Page 2-24 (1)(3) the use will be in harmony with or compatible with its neighbors and generally consistent with the comprehensive plan. (F) Those opposing approval of the application on the grounds that the use will not promote the public health, safety and general welfare shall have the burden of establishing, by competent material and substantial evidence, the specific manner in which the proposed use does not satisfy the requirements for approval of the application for a Special Use. 2.7.9 Review and Decision (A) For Class A Special Use Permits, the following shall apply: (1) All applications shall be referred to the Planning Board for review and recommendation after the Neighborhood Information Meeting but prior to the public hearing. (2) The Planning Board shall make a recommendation and proposed findings of fact on the application, including the findings required in Section 5.3.2 of this Ordinance. The Planning Board’s action on an application shall be one of the following: (a) Recommend approval based on proposed findings of fact, (b) Recommend denial based on proposed findings of fact, (c) Recommend approval based on proposed findings of fact but with specified conditions. (3) Should the Planning Board fail to make a recommendation prior to the public hearing, the application shall be forwarded to the Board of County Commissioners without a Planning Board recommendation. (4) The Board of County Commissioners shall review the application during a Public Hearing. (5) All evidence shall be submitted during the public hearing. If additional evidence is requested by the Board of County Commissioners during a hearing which must be submitted at a later date, the hearing shall be continued to a date/time certain in order to receive the additional evidence. (6) After closing the public hearing, the Board of County Commissioners shall do one of the following: (a) Defer action to a later Board of County Commissioners meeting date, or (b) Act upon the application. (7) Board of County Commissioner action on the application shall include making appropriate findings of fact pursuant to Section 2.7.11, stating whether the board concludes each of the applicable standards have been met and one of the following: (a) Approval; (b) Approval but with specified conditions as provided in Section 2.7.12; or (c) Denial. (B) For Class B Special Use Permits, the following shall apply: (1) The Board of Adjustment shall review the application during a regularly scheduled public hearing. Formatted: Indent: Left: 1" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 2" Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 2" Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 2" Formatted: Indent: Left: 1" Formatted: Indent: Left: 1.5" Comment [JB21]: There are times when a special meeting would be more prudent. For example, attendance issues at a July or December regular meeting because of holiday plans. If the parties can agree, it would be reasonable to allow a special meeting. There are significant notice requirements which help to ensure fairness. In addition, regular BOA meetings are not on the public radar enough to offer significant public notice by itself. 19