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Agenda 04-16-2019 5-a - Attachment 7a, 7b, 7c
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Agenda 04-16-2019 5-a - Attachment 7a, 7b, 7c
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4/12/2019 2:07:16 PM
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BOCC
Date
4/16/2019
Meeting Type
Regular Meeting
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Agenda
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5-a
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Agenda - 04-16-2019 Regular Meeting
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\Board of County Commissioners\BOCC Agendas\2010's\2019\Agenda - 04-16-19 Regular Meeting
Agenda 04-16-2019 5-a - Unified Development Ordinance (UDO) Table of Permitted Uses
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\Board of County Commissioners\BOCC Agendas\2010's\2019\Agenda - 04-16-19 Regular Meeting
Minutes 04-16-2019 Regular Meeting
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\Board of County Commissioners\Minutes - Approved\2010's\2019
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Article 2: Procedures 93 <br /> Section 2.12: Board of Adjustment <br /> 2.11.42.11.5 Review Procedures <br /> (A) Applications for an appeal of an interpretation shall be reviewed and acted upon by the <br /> Board of Adjustment in accordance with the procedures contained in Section 2.12 of this <br /> Ordinance. <br /> (B) The conduct of the hearing shall be consistent with the provisions of Section 2.12 of this <br /> Ordinance. <br /> (C) The Planning Director shall complete an assessment of the application and provide a <br /> recommendation on the disposition of the application. The assessment shall include all <br /> relevant facts utilized in rendering the disputed decision and the rationale for the <br /> interpretation made by the Planning Director. <br /> (D) The assessment shall be introduced at the hearing and become part of the record. <br /> (E) Upon hearing all evidence associated with the application, the Board of Adjustment shall <br /> close the hearing and render a decision on the matter to affirm, modify, or reverse the <br /> decision of the Planning Director. <br /> 2.11.52.11.6 Findings of Fact <br /> The Board of Adjustment shall provide a detailed rationale for its decision in the form of an order <br /> to affirm, modify, or reverse the decision of the Planning Director. This order shall provide the <br /> necessary justification for the Board's action based on the testimony and evidence entered into <br /> the record during the hearing. <br /> 2.11.62.11.7 Notice Requirements <br /> Notice requirements shall follow Section 2.12.6(A). Other subsections of Section 2.12.6 are not <br /> applicable to applications for an appeal of an interpretation. <br /> •N 2.12: BOARD OF ADJUSTMENT <br /> 2.12.1 General Provisions <br /> (A) The Board shall act on all applications before it. <br /> (B) The Board shall act on any appeal of a Stop Work Order issued by the Planning Director <br /> at its next regularly scheduled meeting or at a special meeting called for that purpose. <br /> 2.12.2 Quasi-Judicial Proceedings <br /> (A) The Board of Adjustment acts in a quasi-judicial capacity. However, it is not intended that <br /> its proceedings be conducted as formally as those before courts. <br /> (B) The rules of procedure and evidence set forth in this Ordinance shall be followed to <br /> protect the interests of all parties and the public. <br /> (C) The presiding officer shall administer oaths to all witnesses and shall make rulings <br /> necessary to preserve fairness, order, or proper decorum in any matter before the Board <br /> of Adjustment. Any person who, while under oath during a proceeding before the Board, <br /> willfully swears falsely is guilty of a Class I misdemeanor. <br /> (D) Any member of the Board of Adjustment or any interested party may object to, and the <br /> presiding officer may exclude, any evidence, testimony, or statement that is deemed <br /> incompetent, irrelevant, immaterial, or unduly repetitious and therefore fails to reasonably <br /> address the issues before the Board of Adjustment. <br /> 2.12.3 Evidence and Testimony <br /> (A) Interested Party <br /> Orange County, North Carolina—Unified Development Ordinance Page 2-43 <br />
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