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Planning Board - 030321 ORC Agenda Packet
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Planning Board - 030321 ORC Agenda Packet
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Date
3/3/2021
Meeting Type
Regular Meeting
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Agenda
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Ordinance Review Committee notes - 030321
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\Advisory Boards and Commissions - Active\Orange County Planning Board\Ordinance Review Committee\Minutes\2021
Planning Board - 030321 ORC Agenda Packet - Replacement Att 1 - 160D
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\Advisory Boards and Commissions - Active\Orange County Planning Board\Ordinance Review Committee\Agendas\2021
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19 <br /> Article 1: Administration <br /> Section 1.8:Board of Adjustment <br /> (13) Members'terms shall be staggeFed se that all teFrns will net expire simultaneously. <br /> (C) in Gases where an individual is appointed to serve the unexpired portion of a Board <br /> mernber's term,the appointment shall be for the time peried of the unexpiFed term en4y <br /> and shall not hen rated a Feg-,lar form fnr that m ether <br /> A .r. mbar may be a infer!fnr o ands a term but after fide n ni ith <br /> terms a rnprnhpr shall be for re ntment ntil Ane nalendar..ear has <br /> elapsed frem the dote of nnmpletinn of the serend term <br /> (D) AR alt�rnateFnerAver shall enlnnl.7 VGtt8 the abse.n.Geeffa rregulap membeF. <br /> 1.8.3 Duties <br /> The Board of Adjustment shall have the following duties: <br /> (A) Hear, review,and decide appeals of any order requirement,decision,or determination <br /> made by the Planning Director in the performance of official duties. <br /> (B) Hear and decide applications for the approval of Class ran 24Special Use permit <br /> applications in accordance with the rules and conditions laid down in this Ordinance. <br /> (C) Hear and decide appeals for variances from the dimensional regulations of this <br /> Ordinance in accordance with provisions detailed herein. Nothing in this Ordinance <br /> shall be construed to authorize the Board of Adjustment to permit a use in a district <br /> where that use is neither a Permitted Use nor a Special Use. <br /> (D) Pass upon,decide or determine such other matters as may be required by this <br /> Ordinance. <br /> 1.8.4 Conflict of Interestz5 <br /> (A) A member of the Board of Adjustment shall not vote on any matter before the Board <br /> where the outcome of the matter being considered is reasonably likely to have a direct, <br /> substantial,and readily identified financial impact on the member. <br /> (B) A member of the Board of Adjustment shall not vote on any matter before the Board if <br /> the applicant of the matter is a person with whom the member has a close familial, <br /> business,or other associational relationship. <br /> (C) A member of the Board of Adjustment shall not vote on a quasi-judicial matter in a <br /> manner that would violate affected persons'constitutional rights to an impartial decision <br /> maker. <br /> (1) Impermissible violations of due process include,but are not limited to,a member <br /> having a fixed opinion prior to hearing the matter that is not susceptible to <br /> changes,undisclosed ex parte communications,a close familial,business,or <br /> other associational relationship with an affected person,or a financial interest in <br /> the outcome of the matter. <br /> 1.8.41.8.5 Rules of Procedure <br /> The Board shall adopt Rules of Procedure and Regulations for the conduct of its affairs.The rules <br /> shall be maintained in the office of the Planning Director. Except as otherwise expressly stated in <br /> this Ordinance,the rules adopted by the Board of Adjustment shall provide for: <br /> (A) Selection of officers,specifically a Chair and Vice-Chair,whose term of office shall be <br /> one year,with eligibility for re-election. <br /> 24 As explained in the footnote in Section 1.3.1,staff is recommending that there will no longer be classes of special <br /> use permits(SUP). The Board of Adjustment will be the only board to hear SUP cases;uses that formerly required <br /> a Class A SUP will be reviewed as conditional districts. <br /> 25 Adoption of conflict of interest standards are now required,pursuant to NCGS 160D-109. <br /> Orange County,North Carolina—Unified Development Ordinance Page 1-17 <br />
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