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ORC Agenda Packet - Dec 3 2025
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ORC Agenda Packet - Dec 3 2025
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12/3/2025
Meeting Type
Regular Meeting
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Agenda
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Article 2: Procedurea <br /> Section 2.7: Special Use Permits <br /> aGGOrdaRGe with the p of SeGtO R G 1 n R (B) (2).2 <br /> 2.7.6 Notice Requirements for Special Use Permits <br /> (A) The Planning Director shall give notice of the date, time and place of the Evidentiary <br /> Hearing to be held to receive evidence in the form of testimony and exhibits pertaining to <br /> the application for a Special Use. <br /> (1) Written notice shall be sent by first class mail to all adjacent property owners at <br /> least ten days but not more than 25 days before the hearing date. Adjacent <br /> property owners are those whose property lies within one thousand feet of the <br /> affected property and whose names and addresses are currently listed in the <br /> Orange County tax records. The outside of the envelope or postcard shall be <br /> marked "Notice of Evidentiary Hearing." <br /> (2) The Planning Director shall post on the affected property a notice of the <br /> Evidentiary Hearing at least ten days but not more than 25 days prior to the date <br /> of said hearing. <br /> 2.7.7 Nature of Proceedings <br /> (A) The review of Special Use Permit applications shall be conducted during an Evidentiary <br /> Hearing. <br /> (B) The review of a Special Use Permit application is a quasi-judicial process, where the <br /> Board of Adjustment acts much like a panel of judges. The Board hears factual evidence <br /> and sworn testimony presented at an evidentiary hearing, and then makes findings of fact <br /> supported by competent, substantial, and material evidence. <br /> (C) The applicant, Orange County staff, and any person who would have standing to appeal <br /> the decision under NCGS 160D-1402 shall have the right to participate as a party at the <br /> Evidentiary Hearing. <br /> (D) The chair or presiding officer of the hearing shall swear all parties intending to present <br /> evidence or testimony during the Evidentiary Hearing. <br /> (E) The chair or presiding officer may take whatever action is necessary to limit testimony to <br /> the presentation of new factual evidence that is material to the application, to ensure fair <br /> and orderly proceedings, and to otherwise promote the efficient and effective gathering of <br /> evidence. Such actions may include: <br /> (1) Barring the presentation of obvious hearsay evidence, <br /> (2) Barring the presentation of non-expert opinion, <br /> (3) Interrupting digressions into immaterial testimony, <br /> (4) Interrupting repetitive testimony, <br /> (5) Reasonably limiting the time allotted each witness or cross-examination, <br /> (6) Providing for the selection of spokespersons to represent groups of persons with <br /> common interests, <br /> (7) Interrupting personal attacks, and/or <br /> (8) Ordering an end to disorderly conduct. <br /> (F) Where the Board finds compliance with the general standards, specific rules governing <br /> the specific use, and that the use complies with all required regulations and standards, <br /> 2 No longer a valid reference.The standards for telecommunications facilities require a SUP.A NIM is held <br /> accordingly. <br /> Orange County, North Carolina—Unified Development Ordinance Page 2-21 <br />
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