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40 <br /> Article 2: Procedures <br /> Section 2.7:Special Use Permits <br /> (2) The Planning Director shall post on the affected property a notice of the p41444G <br /> Evidentiary#Hearing at least ten days but not more than 25 days prior to the <br /> date of said hearing. <br /> (33) N GtiGG of the „hliG heaFiRg shall be published R a RewspapeF Of ger+eral <br /> norr-,Jofinn in ll.onno!`G,,..+..nn..o 0 oL fn.+ - s weeks,with the first <br /> nAtoro+n he Published not loss than+on daysa than 25 days prior+n the <br /> date of the hearing. in computing the notice period,the day <br /> f publication is <br /> 42 <br /> to be iRGIuded, but the day of the heaFing is to be ORGluded. <br /> Nintanp ReqUiFGFRGRt6 fGF Class 6 SPGGial Use Permits shall fellow the praGed,ires in Sention <br /> �z 12-.6. <br /> 2:7.82.7.7 Nature of Proceedings <br /> (A) The review of Special Use Permit applications shall be conducted during an Evidentiary <br /> pub44G441-learing by the deGiGinn_.r.akinn beard <br /> (B) The review of a Special Use Permit application is a quasi-judicial process,where the <br /> Board of Adjustment acts much like a panel of <br /> judges.The Board hears factual evidence and sworn testimony presented at an <br /> evidentiary hearing,and then makes findings of fact supported by competent, <br /> substantial,and material evidence. <br /> (B)QC) The applicant,Orange County staff,and any person who would have standing to <br /> appeal the decision under NCGS 160D-1402 shall have the right to participate as a <br /> party at the Evidentiary Hearing. l <br /> (gLDLThe chair or presiding officer of the hearing shall swear all parties intending to present <br /> evidence or testimony during the Evidentiary hHearing. <br /> (D)(ELThe chair or presiding officer may take whatever action is necessary to limit testimony <br /> to the presentation of new factual evidence that is material to the application,to ensure <br /> fair and orderly proceedings,and to otherwise promote the efficient and effective <br /> gathering of evidence.Such actions may include: <br /> (1) Barring the presentation of obvious hearsay evidence, <br /> (2) Barring the presentation of non-expert opinion, <br /> (3) Interrupting digressions into immaterial testimony, <br /> (4) Interrupting repetitive testimony, <br /> (5) Reasonably limiting the time allotted each witness or cross-examination, <br /> (6) Providing for the selection of spokespersons to represent groups of persons with <br /> common interests, <br /> (7) Interrupting personal attacks,and/or <br /> (8) Ordering an end to disorderly conduct. <br /> (PLELWhere the Board finds compliance with the general standards,specific rules governing <br /> the specific use,and that the use complies with all required regulations and standards, <br /> 42 Staff is suggesting the discontinuation of advertising SUP hearings in the newspaper because only the testimony <br /> of persons with legal standing may be considered in quasi-judicial proceedings. The County's mailed notification <br /> boundary of 1,000 feet already far exceeds statutory requirements(which require mailings to only abutting <br /> Property owners)and it is questionable as to whether any party other than abutting property owners has legal <br /> standing in quasi-judicial proceedings.. <br /> 43 Recommended addition to be clear on which parties definitely have the right to participate in an Evidentiary <br /> Hearing,per 160D-406. <br /> Orange County,North Carolina—Unified Development Ordinance Page 2-23 <br />