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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
Agenda Item
5-b
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Agenda for May 4, 2021 Board Meeting
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\Board of County Commissioners\BOCC Agendas\2020's\2021\Agenda - 05-04-2021 Virtual Business Meeting
ORD-2021-011 An Ordinance amending the unified development Ordinance and 2030 comprehensive plan of Orange County
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\Board of County Commissioners\Ordinances\Ordinance 2020-2029\2021
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Revisions that Modify Current Practices 8 <br /> (cont ., ) <br /> • Having only one class of Special Use Permit (SUP) and having SUPs heard and <br /> decided upon only by the Board of Adjustment (BOA). <br /> • Currently have Class A SUP (decided by BOCC) and Class B SUP (decided by BOA) <br /> • The BOA is best suited to conduct quasi-judicial matters. <br /> • Current Class A SUP uses would be reviewed through the "conditional district" process, <br /> a legislative process as opposed to quasi-judicial process. <br /> • As a note, having the BOA be the only conductor of quasi-judicial matters is not strictly <br /> required by the 160D amendments; however, it is a best-practice throughout North <br /> Carolina, especially since conditional districts have been an option since the `00s, and <br /> is recommended by the County Attorney's office. <br /> • In keeping with statutes and the restriction on general public participation in SUP cases <br /> (persons must have "standing " to participate), SUP applications would continue to <br /> require posting of sign and mailed notices but a legal ad would no longer be run. <br /> • Mailing would still be 1 ,000 feet even though statutes require only "abutting" (touching) <br /> property owners be notified. <br />
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