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Agenda - 05-04-2021; 5-b - Unified Development Ordinance Text Amendments – “160D” Legislation
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Agenda - 05-04-2021; 5-b - Unified Development Ordinance Text Amendments – “160D” Legislation
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4/29/2021 2:10:13 PM
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BOCC
Date
5/4/2021
Meeting Type
Business
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Agenda
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5-b
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Article 2: Procedures 79 <br /> Section 2.26:Appeals <br /> (1) The decision of the Planning Director regarding a Major Subdivisio anal Plat <br /> application may be appealed to the Board of Commissioners. <br /> The Board of Commissioners shall have final approval auth ity, and where <br /> applicable, all Final Plats shall contain information and/o onditions approved by <br /> he Board of Commissioners. <br /> (3) The oard of Commissioners in all such appeal all make findings of fact in <br /> sup its decision. <br /> (4) The applican hall be notified, in writin f the Board of Commissioners' <br /> decision. <br /> 2.26.3 Planning Board Decisions <br /> (A) Major Subdivisions—Conc t n <br /> (1) The decision of the anning Board arding Concept Plan Development <br /> Options may be pealed to the Board Commissioners. <br /> (2) Any notice appeal shall be filed, in writing, th the Planning Director within 15 <br /> days aft he date of the Planning Board's decis <br /> (3) If t appeal involves a plan/map approval, 16 copies the plan/map shall be <br /> mitted along with the written appeal. <br /> ZX(4) he Board of Commissioners shall have final approval authority, nd, where <br /> pplicable, all Concept Plan Development Options shall contain inf ation <br /> nd/or conditions approved by the Board of Commissioners. <br /> he Board of Commissioners in all such appeals shall make findings of fact i <br /> support of its decision. The applicant shall be notified, in writing, of the Board of <br /> Commissioners' decision within ten days after said decision is made. <br /> 2.26.4 Board of Adjustment Decisions <br /> (A) Every decision of the Board shall be subject to review at the request of any person <br /> who has standing as detailed within NCGS 160D-1401(c)160A-393(d) by the <br /> Superior Court by proceedings in the nature of certiorari. The appeal to Superior <br /> Court must be filed within 30 days of the availability of the notice of decision <br /> (2.12.5(A)). <br /> 2.26.5 Board of County Commissioners Decisions <br /> (A) Quasi_ udin a1 DeGmsmons63 <br /> 0) Quasi U diGial n r,��he Beard of County Commissioners pursuo�n+ <br /> te the (1rrJinanro Shall be s uhion++n review of the request of any Parson who has <br /> nrOGeedings in the n-tI iro of nortiorari <br /> / \ I +o the S perior f e �r+ m +ho filorJ yVi+hin 30 days f the filing f the <br /> r2�T�-�e•ar-cv�rtcvaperivrvvam�rrcr�cvc�Trca TiT--nTc�Trtrrg-iT--n-rc <br /> denioion of the Board of GG Rty('ommiooioners by the Planning Diren+or or the <br /> delivery of the no+ino of the d8Gioion +o the annlinan+ whinhover is la+or <br /> (B)(A) Legislative Decisions <br /> (1) Legislative decisions made by the Board of County Commissioners pursuant to <br /> the Ordinance shall be subject to review at the request of any aggrieved party by <br /> the Superior Court. <br /> 63 Staff is recommending that the BOCC no longer make quasi-judicial decisions so this sub-section is no longer <br /> applicable. <br /> Orange County, North Carolina—Unified Development Ordinance Page 2-81 <br />
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