Orange County NC Website
material may be requested to guide determinations. In the course of such preliminary <br />conferences, any recommendations for changes shall be recorded in writing along with the <br />reasons therefore. Such recommendations shall become part of the record in the case. <br />Applicants shall indicate, in writing, their agreement or disagreement with such <br />recommendations, and the reasons thereof. Such responses by applicants shall also be <br />included in the record in the case. <br />4.41.5 Notice of Public Hearing Required for all Special Use Permits <br />Notice of the public hearing shall be given once a week for two (2) consecutive calendar <br />weeks in a newspaper of general circulation in Orange County. The notice shall be <br />published the first time not less than ten (10) days no more that twenty-five (25) days before <br />the date fixed for the hearing. In computing such period, the day of publication is not to be <br />such period, the day of publication is not to be included but the day of the hearing shall be <br />included. <br />Written notice shall be sent to all adjacent property owners not less than ten (10) days before <br />the hearing date. Adjacent property owners are those whose property lies within five <br />hundred (500) feet of the affected property and whose names and addresses aze currently <br />listed in the Orange County tax records. <br />4.41.6 Public Hearing <br />After notice in accordance with Section 4.4.5 is given the Board of Commissioners and the <br />Planning Board shall hold a joint public hearing on the application at the next quarterly joint <br />hearing. <br />The public hearing shall be open to the public and all interested persons shall be given the <br />opportunity to present evidence and arguments and to ask questions of reasonable and <br />equitable limitations on the presentation of evidence and arguments and the cross- <br />examination of witnesses so that the application may be heazd without undue delay. All <br />persons who intend to present evidence at the public hearing shall be swam. <br />When the applicant presents evidence that the proposed development will conform to all <br />specific provisions applicable to that SU, persons opposed to the granting or members of the <br />Board shall have the burden of presenting evidence contrary to the applicant's evidence or <br />evidence that the proposed development will violate any of the general standazds set forth in <br />Section 4.3. If no such evidence is submitted, the applicant shall be granted the permit. If <br />evidence is submitted, the applicant shall have the burden of overcoming that evidence with <br />further evidence of his/her own. <br />A record of the proceedings of the hearing shall be made and shall include all application <br />materials and documentary evidence presented at the hearing. <br />4.41.7 Planning Board Action <br />The Planning Board shall consider the Special Use Permit at their next regular meeting <br />following the public hearing and shall prepare a recommendation for the consideration of the <br />Boazd of Commissioners. <br />4.41.8 Baard of Commissioners Action <br />The Board of Commissioners shall review the record of the public hearing, the Planning <br />Board's recommendation, and the Planning staffs report and shall take action on the <br />