Agenda - 05-18-2021; 6-a - Unified Development Ordinance Text Amendments

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Article 1: Administration 12 Section 1.3: Board of County Commissioners erson. Any person aggrieved by any such interpretation may appeal such interpretation the B rd of Adjustment. The Planning Director and the Board of Adjustment, in interpret' g the Zonin Atlas or deciding any appeal, shall apply the following standards: (A) Boundaries indicated as approximately following the centerlines o treets; highways o Ileys shall be construed as following such centerlines; (B) Boun ies indicated as approximately following lot lines all be construed as following ch lot lines; (C) Boundaries in ' ated as approximately following i y Limits shall be construed as following such Cit imits; (D) Boundaries indicated a ollowing railroa nes shall be construed to be the center line of the main track; (E) Boundaries indicated as followi orelines shall be construed to follow such shorelines; in the event of cha e i the shoreline, the boundary shall be construed as moving with the actual s relines; (F) Boundaries indicated approximately foll ing the centerlines of streams, rivers, canals, lakes or of r bodies of water shall be nstrued as following such centerlines; (G) Boundarie hown as approximately following designa flood hazard area limits shall be onstrued as following such limits; (H) Bo daries indicated as parallel to or extensions of features in i ated in Subsections through E above shall be so construed. Distances not specifica indicated on the Zoning Atlas shall be determined by reference to the scale of the Atla ; and Where physical or cultural features existing on the ground are at variance ' h those shown on the Zoning Atlas, or in other circumstances not covered by Subsecti s A through F above, the Board of Adjustment shall interpret the district boundaries. SECTION • OF •UNTY COMMISSIONERS 1.3.1 Responsibilities The Orange County Board of Commissioners shall have the following responsibilities in relation to the administration of this Ordinance: (A) Hear and decide applications for amendments to the text, schedules, and map portions of this Ordinance, which shall be processed in accordance with the provisions detailed herein. In exercising this power, the Board is bound by the State enabling legislation, the terms of this Ordinance, and applicable court decisions in carrying out its legislative function. (B) Hear and deGide appliGations fer the approval ef Class A SpeGial Use permit as noted M the Qrherli ile of Permitter! Uses as rem iri of the RA;;rPJ Gf hereiR. IR eXeFGiGiRg this power, the Beard be6lRd by the State GRabliRg legislattief�l rnakiRg fURGtiE)R withiR a quasi judiGial GapaGity and shall make its deGiSiGRs base general and Sn1QGifiG standards and requ..rernents of the PartiGUlar SpeGial Use as rlefir,erl herein, 9 (q(e) Hear and decide applications appealing those decisions appealed to the Board of County Commissioners. 9 Staff is recommending, in order for the BOCC to cease hearing quasi-judicial matters because of the formal legal process that such matters require,that uses currently requiring a Class A SUP be modified to be allowed via a new conditional district(which is a legislative approval to which conditions can be applied). Orange County, North Carolina—Unified Development Ordinance Pagel-9