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Agenda - 05-18-2021; 6-a - Unified Development Ordinance Text Amendments – “160D” Legislation
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Agenda - 05-18-2021; 6-a - Unified Development Ordinance Text Amendments – “160D” Legislation
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5/18/2021
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6-a
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Agenda for May 18, 2021 Board Meeting
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Article 1: Administration 20 <br /> Section 1.8: Board of Adjustment <br /> 1.8.2 Tenure and Membership <br /> (A)—Tenure and Membership information is included in the Orange County Advisory <br /> Board Policy and the Board of Adiustment Rules of Procedure, as approved by the <br /> Board of County Commissioners.The members shall be appointed by the Beard r.f <br /> County Commissi gr for 4o._—_-_�rm f 4 ee year . 0 member whose term hasexpired <br /> shall coRtmRue to serve 9R the Board unto! hisiher respective successor has been <br /> (B) Members;' terrns Shall be staggered so that all terms Will Rot expire simultaReeusly. <br /> memher's term the appointment shall he for the time n ied of the URexpmFed term <br /> only and shall net hen Inted a a regular term for that member. <br /> terms a member shall be ineligible for reappointment until one calendar year has <br /> elapsed from the dote of completion of the second term <br /> (D) An alternate member shall only dote On the ahqLQnce e a regular Member <br /> 1.8.3 Duties <br /> The Board of Adjustment shall have the following duties: <br /> (A) Hear, review, and decide appeals of any order requirement, decision, or <br /> determination made by the Planning Director in the performance of official duties. <br /> (B) Hear and decide applications for the approval of Class B 22Special Use permit <br /> applications in accordance with the rules and conditions laid down in this Ordinance. <br /> (C) Hear and decide appeals for variances from the dimensional regulations of this <br /> Ordinance in accordance with provisions detailed herein. Nothing in this Ordinance <br /> shall be construed to authorize the Board of Adjustment to permit a use in a district <br /> where that use is neither a Permitted Use nor a Special Use. <br /> (D) Pass upon, decide or determine such other matters as may be required by this <br /> Ordinance. <br /> 1.8.4 Conflict of Interest23 <br /> (A) A member of the Board of Adjustment shall not vote on any matter before the Board <br /> where the outcome of the matter being considered is reasonably likely to have a <br /> direct, substantial, and readily identified financial impact on the member. <br /> (B) A member of the Board of Adjustment shall not vote on any matter before the Board if <br /> the applicant of the matter is a person with whom the member has a close familial, <br /> business, or other associational relationship. <br /> (C) A member of the Board of Adjustment shall not vote on a quasi-judicial matter in a <br /> manner that would violate affected persons' constitutional rights to an impartial <br /> decision maker. <br /> (1) Impermissible violations of due process include, but are not limited to, a member <br /> having a fixed opinion prior to hearing the matter that is not susceptible to <br /> changes, undisclosed ex parte communications, a close familial, business, or <br /> other associational relationship with an affected person, or a financial interest in <br /> the outcome of the matter. <br /> zz As explained in the footnote in Section 1.3.1,staff is recommending that there will no longer be classes of special <br /> use permits(SUP). The Board of Adjustment will be the only board to hear SUP cases; uses that formerly required <br /> a Class A SUP will be reviewed as conditional districts. <br /> 23 Adoption of conflict of interest standards are now required, pursuant to NCGS 160D-109. <br /> Orange County, North Carolina—Unified Development Ordinance Page 1-17 <br />
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