Agenda - 05-04-2021; 5-b - Unified Development Ordinance Text Amendments

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Article 2: Procedures 43 Section 2.7: Special Use Permits (1) Written notice shall be sent by first class mail to all adjacent property owners at least ten days but not more than 25 days before the hearing date. Adjacent property owners are those whose property lies within one thousand feet of the affected property and whose names and addresses are currently listed in the Orange County tax records. The outside of the envelope or postcard shall be marked "Notice of PubliEEvidentiary Hearing." (2) The Planning Director shall post on the affected property a notice of the his Evidentiary#Hearing at least ten days but not more than 25 days prior to the date of said hearing. ( ) Notice of tnf+he public hearing shall_php_�shed in a_��e_oPn newspaper f Fpe o general "circulation in Orange County once a week for two successive weeks, with the firs notice to he published not loss 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 he included, h day ov of the hearing is to he included 39 2:7.7 tiGe Requirements fa- Class BSpeGlai osePerrnits 2 2.7.82.7.7 Nature of Proceedings (A) The review of Special Use Permit applications shall be conducted during an Evidentiary-publis 14Hearing by the decision_making hoorrl (B) The review of a Special Use Permit application is a quasi-judicial process, where the Board of Adjustment resnons'ble 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. fE1)(C) The applicant, Orange County staff, and any person who would have standing to appeal the decision under NCGS 160D-1402 shall have the right to participate as a party at the Evidentiary Hearing.40 40 (G)LDLThe chair or presiding officer of the hearing shall swear all parties intending to present evidence or testimony during the Evidentiary hHearing. {D)LELThe 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, 39 Staff is suggesting the discontinuation of advertising SUP hearings in the newspaper because only the testimony of persons with legal standing may be considered in quasi-judicial proceedings. The County's mailed notification boundary of 1,000 feet already far exceeds statutory requirements(which require mailings to only abutting property owners)and it is questionable as to whether any party other than abutting property owners has legal standing in quasi-judicial proceedings.. 40 Recommended addition to be clear on which parties definitely have the right to participate in an Evidentiary Hearing, per 160D-406. Orange County, North Carolina—Unified Development Ordinance Page 2-23