HomeMy WebLinkAboutAgenda - 02-23-2009 - C2 11
ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
And PLANNING BOARD
QUARTERLY PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: February 23, 2009
Action Agenda
Item No.
C.2
SUBJECT: Zoning Ordinance amendments to clarify notification requirements for amendments
to the Comprehensive Plan
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S): INFORMATION CONTACT:
1. Proposed Ordinance amendments — underline / Name Phone Number
strike-through
Craig Benedict 245-2592
Shannon Berry 245-2589
PURPOSE: To receive public comment on proposed amendments to the Zoning Ordinance
intended to clarify the language and clearly articulate the procedures for amendments to the
adopted Comprehensive Plan.
BACKGROUND:
The County adopted the Comprehensive Plan update the latter part of 2008. Following the plan
adoption, implementation begins, which may include amendments to the Land Use Plan (Map)
and/or text of the Comprehensive Plan.
At this time, the processes and requirements for amending the Comprehensive Plan are outlined in
the adopted Zoning Ordinance. While the procedures have been in place for a significant period of
time, the current language is vague, leaving the processes open for interpretation. Historically,
there have been only limited amendments to the previously adopted plan. However, prior to
anticipated amendments to the Land Use Plan, it is beneficial to more clearly define the procedures
for these amendments, ensuring transparency and public input during the processes. The State
does not have minimum requirements for comprehensive plan amendments.
The proposed amendments to Article 2, Sections 2.2.14.3 through 2.2.14.9 of the Zoning
Ordinance clearly define the specific procedures and notification requirements for amendments to
the adopted Comprehensive Plan. As proposed, the new language provides clear and concise
instructions for the application for and processing of Comprehensive Plan amendments, not
currently included in the ordinance.
FINANCIAL IMPACT: There are no financial impacts associated with hearing this item. Staff time
has been accounted for in the departmental budget. Depending on the outcome of clarifications,
future costs for notifications could change. Notifications, as proposed, include newspaper legal
ABSTRACT Notification requirements SCB 010909
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advertisements at least twice prior to the public hearing. The cost, depending on ad size can be
approximately $1500 each.
RECOMMENDATION(S): The Zoning Officer recommends the Board:
1. Receive the proposed amendments,
2. Conduct the Public Hearing to solicit and consider public input on the proposal,
3. Forward the matter to the Planning Board for review and comment with a request that a
recommendation be submitted back to the BOCC in time for the April 21, 2009 BOCC
meeting,
4. Adjourn the public hearing until April 21, 2009 to receive the Planning Board
recommendation and any submitted written comments.
ABSTRACT Notification requirements SCB 010909
Attachment 1
Proposed amendments in UNDERLINE (proposed addition)— (proposed 3
deletion) format;NOTE: amendments are shown on pages 11 through 14.
ARTICLE 2
THE BOARD OF COUNTY COMMISSIONERS
AND ITS ADMINISTRATIVE MECHANISMS
2.1 The Board of County Commissioners
2.1.1 Board of Commissioners Responsibilities
The Orange County Board of Commissioners have the following
responsibilities in relation to this ordinance:
a) Hear and decide applications for amendments to the text,
schedules and map portions of this ordinance.
b) Hear and decide applications for the approval of Special Uses
which are noted in the Schedule of Permitted Uses as requiring
approval of the Board of Commissioners.
c) Establish Rules of Procedure for the conduct of hearings and other
proceedings before the Board of Commissioners in exercising
responsibilities a) and b) above.
d) Make the necessary appointments to the Planning Board and
Board of Adjustment.
e) Provide by appropriation, funds for the administration of this
ordinance.
2.1.2 Procedure On Amendments To This Ordinance
Amendments to this ordinance shall be processed in accord with the
provisions of Article 20 Amendments and the Rules of Procedure of the
Board of Commissioners and the Planning Board. The Board of
Commissioners, in exercising this power, are bound by the State enabling
legislation, the terms of this ordinance and applicable court decisions in
carrying out its legislative function.
2.1.3 Procedure On Application For Approval Of Special Uses
The Board of Commissioners, when considering applications for approval
of Special Uses, sits in a quasi-judicial capacity and shall be bound by the
same requirements as the Board of Adjustment acting on similar matters.
Particularly, the Board of Commissioners shall make its decisions based
on substantial evidence contained in its record of proceedings and shall
be bound by the general and specific standards and requirements of the
particular Special Use as contained in Article 8.
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2.1.4 Appeal of Board of County Commissioners Action
Amended
2-7-83 Every decision concerning a Class A Special Use Permit shall be subject
to review at the instance of any aggrieved party by the Superior Court by
proceedings in the nature of certiorari. The appeal to the Superior Court
must be filed within 30 days of the filing of the decision of the Board by the
Planning Director in his office or the delivery of the notice of the decision
to the applicant, whichever is later. Appeal of decisions by the Board
since the adoption of the Zoning Ordinance on September 2, 1981 shall
be made within 30 days of the adoption of this amendment.
2.2 Planning Board
2.2.1 Intent
The Orange County Board of Commissioners under the authority of
Chapter 153A, Article 18, Part 1 of the General Statutes of North Carolina,
as amended for the purposes and advantages described herein intends to
create a County Planning Board and embark upon a continuing planning
program, including but not limited to the preparation and maintenance of a
Comprehensive Plan for Orange County, in protection of the public health,
safety, and general welfare of present and future residents, landowners
and visitors.
In establishing the Planning Board and its program, the Board of
Commissioners intends that the Planning Board be guided by the following
principals:
The Comprehensive Plan and any ordinances or other measures to
effectuate it shall be made with the general purpose of guiding and
accomplishing a coordinated, and harmonious development of the County
which will, in accordance with present and future needs, best promote
health, safety and the general welfare, as well as efficiency in the process
of development; including, among other things, adequate provisions for
traffic, the promotion of safety from fire and other dangers, adequate
provision for light and air, the promotion of the healthful and convenient
distribution of populations, the promotion of good civic design, wise and
efficient expenditure of public funds, and adequate provision of public
utilities, services, and other public requirements, and conservation of
significant natural and man-made resources within the County.
2.2.2 Establishment
There is established the Orange County Planning Board, hereafter called
"The Board", to consist of at least twelve members. Members shall serve
without compensation, but they may be reimbursed for incidental
expenses incurred in connection with official duties.
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2.2.3 Qualifications
Every member of the Board shall be a resident of Orange County. Each
Township within the County shall be represented in the membership of the
Board by at least one resident.
2.2.4 Tenure
Amended
3-18-86 •
8-4-97 a. The tenure of office shall be three (3) years. Members are eligible
for reappointment for a second consecutive full term, subject to the
exclusion provided in 2.2.4c. After two consecutive terms a
member shall be ineligible for reappointment for one year after the
expiration of the previous terms.
b. Appointments shall be made so that one-third of the terms expire in
March of each calendar year.
c. Appointments made to fill vacancies shall be for the unexpired term
and shall not be counted as a term in determining eligibility for
reappointment.
d. Attendance at the regular meetings of the Board shall be
considered a prerequisite for maintenance of membership on the
Planning Board. The Board of County Commissioners may declare
a vacancy on the Planning Board because of a member's
non-attendance.
e. Absence due to sickness, death of an immediate family member or
similar reason shall be considered approved absences and shall
not affect the member's status. In the event of long illness or other
cause for prolonged absence, the member shall be replaced.
2.2.5 RESERVED
2.2.6 Rules of Procedure
The Board shall recommend rules of procedure for the conduct of its
affairs, to be adopted by the Board of County Commissioners.
Among other matters the Rules of Procedure shall provide for the office of
Chairperson and Vice Chairperson, whose term of office shall be one
year, with eligibility for re-election.
A quorum for conduct of business of the Board shall be a majority of the
appointed members.
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The Rules of Procedure shall require the Board to meet at least once a
month and provide for the calling of special meetings as the need of the
Board requires.
2.2.7 Meetings
All meetings of the Board shall be open to the public and the Board shall
cause notices to be given as required by Article 33-C, Chapter 143 of the
North Carolina Statutes G.S. 143-318.11 ET. SEQ., as amended.
2.2.8 Meeting Minutes
The Board shall cause minutes of its meetings to be maintained as a
permanent public record. Such minutes shall record the attendance of its
members, its findings, recommendations, and a summary of information,
data and testimony presented to it.
2.2.9 Annual Report
•
The Board shall, by January 31, of each year, submit to the Board of
County Commissioners an Annual Report of its activities, during the
previous year, any recommendations affecting persons, duties, and fiscal
matters as it deems appropriate.
2.2.10 General Powers and Duties
As provided for in 153A-321 of the General Statutes of North Carolina, as
amended, the Planning Board shall have the following Powers and Duties: •
a) Make studies of Orange County and surrounding areas;
b) Determine objectives to be sought in the development of Orange
County;
c) Propose and recommend plans for achieving these objectives;
d) Develop and recommend to the Board of Commissioners policies,
ordinances, administrative procedures and other means for carrying
out plans in a coordinated and efficient manner;
e) Advise the Board of Commissioners concerning the use and
amendment of means for carrying out plans;
f) Exercise such functions in the administration and enforcement of
various means for carrying out plans as may be assigned by this or
other ordinances of the County;
g) Perform other related duties as may be assigned by this or other
ordinances.
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2.2.11 Specific Powers and Duties
In furtherance of sub-section 2.2.10 the Planning Board is authorized and
directed to:
a) Gather maps and aerial photographs of man-made and natural
physical features of the area, statistics on past trends and present
conditions with respect to populations, property values, the
economic base of the area, land use, and such other information as
is important or likely to be important in determining the amount,
direction and kind of development to be expected in Orange County
and its various parts as background for its Comprehensive Plan
and any ordinances it may prepare.
b) Make, cause to be made, or obtain special studies on the location,
condition, and adequacy of specific facilities, which may include but
are not limited to studies of housing; commercial and industrial
facilities; parks, playgrounds, and recreational facilities, public and
private utilities, traffic, transportation, parking facilities;
environmentally critical areas and important natural resources; all
county officials shall, upon request, furnish to the Planning Board
such available records or information as it may require in its work;
c) Approve and recommend for adoption by the Board of
Commissioners a Comprehensive Plan for the development of the
County, as well as amendments hereto;
d) Consider for approval, approval with modification or disapproval
proposed plats of subdivisions as specified in the Orange County
Subdivision Regulations;
e) To make recommendations, upon referral, on all proposed
amendments to this ordinance in accord with Article 20.
f) Make recommendations to the Board of Commissioners and the
Board of Adjustment, as appropriate, on applications for approval of
Planned Developments and Special Uses in accord with Articles 7
and 8;
g) Prepare and recommend to the Board of Commissioners new
ordinance or amendments to existing ordinances which will have
the effect of implementing the Comprehensive Plan;
h) Engage in a program of information dissemination to the public and
officials;
i) Recommend to the Board of County Commissioners the
establishment and/or continuation of Township Advisory Councils.
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Cooperate with these Councils to the end that Planning Board
investigations and plans may receive fullest consideration.
j) Establish advisory committees to assist it in its functions;
k) Perform all necessary actions in support of its duties and powers.
*2.2.12 Comprehensive Plan, Intent
*Amended
4-4-88 The Comprehensive Plan shall constitute an internally consistent and
compatible statement of policies for the long-term, physical development
of that portion of Orange County under County jurisdiction. The
Comprehensive Plan shall consist of a statement of development policies
and shall include maps and text setting forth objectives, principles,
standards and plan proposals for physical development. The
Comprehensive Plan shall be comprised of the following individual
elements:
a) A land use element which designates the general distribution,
location, and extent of the uses of land for housing, business,
industry, open space, education, public buildings and grounds, and
other categories of public and private uses.
b) A transportation element which identifies the general location and
extent of existing and proposed major highways, scenic roads,
railroads, transit routes and facilities, bikeways and pedestrian
facilities, airports, and other public and private transportation
facilities.
c) A housing element which contains an evaluation of housing
problems and sets forth a program to alleviate unmet needs,
including standards and plans for the improvement of housing and
the provision of adequate sites for housing.
d) An open space element which identifies the location and extent of
existing and proposed open space for the preservation of natural
resources, the managed production of resources, outdoor
recreation, and public health and safety.
e) A recreation element which designates a system of areas and
public sites for recreation, including parks and playgrounds,
recreational trails, and other similar areas.
f) An economic development element which contains an analysis of
the local economy and projections of future economic activity. The
economic development element may also identify existing and
proposed sites for new and expanding businesses and industries,
and the facilities needed to serve them.
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g) A services and facilities element which identifies existing and
proposed service areas and improvements for water, sewer, refuse
disposal, education, emergency services, and other utilities and
service facilities.
h) Such additional elements dealing with other subjects which in the
judgment of the Board of Commissioners relate to the physical
development of the County. Such elements may include, but not
be limited to, the subjects of historic preservation, community or
rural design, growth management, etc.
As part of the Comprehensive Plan, area plans may be prepared which
focus on a portion of the County such as a township, a watershed or an
interstate highway interchange. Likewise, technical information and/or
task force reports prepared as part of a plan element or an area plan may
be incorporated as part of the appendix of or as a supplement to the
Comprehensive Plan.
In preparation and adoption of a plan element, area plan or other similar
document, the Board of Commissioners shall ever be mindful of the need
to balance the public interest with the needs of private interests,
particularly in the conservation of surface and underground water
resources, soil resources, and natural growth resources of the county and
the efficient use of the renewable and non-renewable sources of energy.
*2.2.13 Comprehensive Plan Adoption
*Amended
4-4-88 The Comprehensive Plan shall be so prepared that all or individual
elements and parts thereof may be adopted by the Board of
Commissioners. The Board of Commissioners, upon receipt of a
recommended Comprehensive Plan or portion thereof from the Planning
Board, shall consider such recommendations and adopt them by
resolution, either unchanged or with modifications.
Prior to adoption of the Comprehensive Plan or portion thereof, the Board
of Commissioners shall hold a public hearing thereon. Notice of the public
hearing shall be given by publishing said notice at least twice in a
newspaper of general circulation in Orange County, stating the time and
place of such hearing, and the substance of the proposed plan. This
notice shall appear in said newspaper for two successive weeks with the
first notice appearing not less than ten (10) days nor more than twenty-five
days before the date set for the public hearing.
*2.2.14 Amendment of Adopted Comprehensive Plan
*Amended
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4-4-88 For the purpose of establishing and maintaining sound, stable, and
desirable development within Orange County, the Comprehensive Plan or
portion thereof shall not be amended except as follows:
a) Because of changed or changing conditions in a particular area or
areas of the County;
b) To correct an error or omission; or
c) In response to a change in the policies, objectives, principles or
standards governing the physical development of the County.
2.2.14.1 Initiation of Amendments
An amendment to the Comprehensive Plan or portion thereof may be
initiated by:
a) The Board of Commissioners on its own motion;
b) The Planning Board; or
c) Application, by any person or agency, which accurately and
completely sets forth the reason(s)for the proposed amendment as
prescribed in Article 2.2.14 above.
2.2.14.2 Classification of Amendments
Amendments to the Comprehensive Plan or portion thereof are classified
as "principal" or"secondary" amendments.
Principal amendments include:
a) Additions to or modifications of policies, objectives, principles or
standards;
b) The creation of new activity nodes or additions to existing activity
nodes which exceed ten (10) acres in land area; or
c) Proposals for new freestanding plan areas or additions to existing
areas that exceed one hundred (100) acres in land area.
Secondary amendments include:
a) The expansion of an activity node where the additional area is
contiguous to an existing node and does not increase its land area
by more than ten (10) acres;
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b) The expansion of a designated plan area where the additional area
is contiguous to the existing plan designation and does not increase
its land area by more than one hundred (100) acres;
c) A correction of an error or omission; or
d) Revisions to any factual or descriptive material.
*2,2.14.3 Consideration of Amendments
*Amended
8/3/82 -= - - - - - - - .. e •• - - - -- - - - • - .. e : -- e •
ee - -- - .. • - ' - • - - - - =• - • - -- • - •
- - - - - e --e . - -- • - • _ •• . • _ - . _
9r-dinance.
Principal amendments shall generally only be considered once each year
at the quarterly public hearing in February; provided, however, if a
principal amendment is scheduled by the Board of Commissioners for
other than the February public hearing, it shall be scheduled during one of
the quarterly public hearings held in May, August, and November.
Secondary amendments may be considered four (4) times each year at
the quarterly joint public hearings in February, May, August, and
November.
No A County initiated proposed amendment is-to may be considered in
conjunction with a rezoning, - - - - • • - . • - - e •-.- - • - •-
request for the same property. For amendments initiated by any person or
agency (non-County), requests for a rezoning, planned development
and/or special use permit may only be considered at subsequent hearings
or meetings following approval of the proposed amendment to the
Comprehensive Plan.
2.2.14.4 Application for Amendment to Adopted Comprehensive Plan
All applications for amendments to the Comprehensive Plan shall be in
writinq and signed. Three copies shall be filed with the Planning Director.
Before accepting any amendment application, the Planning Director shall
ensure that it contains all required information, as specified in this
ordinance. Applications which are not complete, or otherwise do not
comply with the provisions of this ordinance, shall not be accepted by the
Planning Director, but shall be returned to the applicant, with a notation by
the Planning Director of the deficiencies in the application.
Contents of Application
Applications for amendments to the Comprehensive Plan, without limiting
the right to file additional material, shall contain at least the following:
a) For amendments to the Land Use Plan (map)within the Land Use
Element, a fully dimensioned map adequately illustrating the land
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which would be covered by the proposed map amendment, and a
complete list of Property Identification Numbers (PIN) for the
properties;
b) For amendments to the Comprehensive Plan text, a copy of the
existing text provision(s)which the applicant proposes for
amendment, and a written statement which describes in detail
changes which the applicant proposes to make to the text of the
Comprehensive Plan and the rationale for the proposed
amendment consistent with the standards established in this
Article;
c) All other circumstances, factors and reasons which the applicant
offers in support of the proposed Comprehensive Plan amendment.
The Planning Director shall cause an analysis to be made of the
application and, based upon that analysis, prepare a recommendation for
consideration by the Planning Board and the Board of County
Commissioners.
2.2.14.5 Public Hearing and Notice Thereof
The Board of County Commissioners and the Planning Board shall hear
. applications for amendments to the Comprehensive Plan in a joint public
hearing.
Notice of the public hearing shall be given by publishing said notice at
least twice in a newspaper of general circulation in the County, stating the
time and place of such hearing and the substance of the proposed
amendment. This notice shall appear in said newspaper for two
consecutive weeks with the first notice appearing not less than ten (10)
days nor more than twenty-five (25) days before the date set for the public
hearing. In computing the notice period, the day of publication is not to be
included, but the day of the hearing is to be included. The minimum
published size of the notice shall be 25 square inches.
In the case of amendments to the Land Use Plan (map), the Planning
Director, or their designee, shall prominently post a notice of the public
hearing on the site proposed for the land use change or on an adjacent
public street or highway right-of-way not less than 10 days before the date
set for the public hearing. When multiple parcels are included within a
proposed Land Use Plan amendment, a posting on each individual parcel
is not required, but the county shall post sufficient notices to provide
reasonable notice to interested persons.
In the case of person or agency (non-County) initiated amendments to the
Land Use Plan (map), written notice of the application shall be sent by
first-class mail to all property owners, as listed in the Orange County tax
records, whose property is located within 500 feet of the affected property,
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Said notice shall be mailed at least 14, but not more than 25 days prior to
the date of the public hearing.
2.2.14.6 Action Subsequent to the Date of Public Hearing
Following the date of the public hearing, all proposed amendments shall
be referred to the Planning Board for its consideration and
recommendation. Evidence not presented at the ioint public hearing
(hereinafter called "new evidence") may be submitted in writing at or prior
to the first Planning Board meeting at which the application is reviewed.
The Planning Board may consider oral evidence only if it is for the purpose
of presenting information also submitted in writing.
The Planning Board shall, after the date of the public hearing, prepare and
submit for the Board of County Commissioners a recommendation
concerning the disposition of any application. The Board of County
Commissioners may direct the Planning Board to provide a
recommendation by a date certain. If the Board of County Commissioners
does not so direct, the Planning Board shall make its recommendation
within three regularly scheduled Planning Board meetings. If the Planning
Board fails to make a recommendation as directed by the Board of County
Commissioners or within three regularly scheduled Planning Board
meetings, whichever is applicable, the application shall be forwarded to
the Board of County Commissioners without a Planning Board
recommendation.
The Board of County Commissioners shall not consider enactment of the
proposed amendment until the Planning Board either makes its
recommendation or takes no action on the application as prescribed in this
section. In making its decision, the Board of Commissioners shall
consider all relevant evidence presented at the ioint public hearing and
any new evidence which was considered by the Planning Board in making
its recommendation.
2.2.14.7 Withdrawal of Application
An applicant may withdraw his or her application at any time by written
notice to the County Manager. However, any withdrawal of an application
after the publication of the first notice as required in Section 2.2.14.5 of
this ordinance shall be considered a denial of the petition.
2.2.14.8 Effect of Denial
When the Board of County Commissioners denies an application or an
application is withdrawn after the first notice of the public hearing and
thereby denied, the Planning Director shall not accept another application
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for the same or similar amendment, affecting the same property or a
portion thereof, until the expiration of a one year period, extending from
the date of denial or withdrawal, as appropriate.
2.2.14.9 Fees
Fees for filing applications for amendments to the adopted
Comprehensive Plan shall be in accordance with the adopted fee
schedule.
2.2.15 Planning Department To Act As Staff To Planning Board
The Director of Planning, under the direction of the County Manager, shall
provide staff service of the Planning Department to assist the Planning
Board in carrying out its duties.
2.3 Board of Adjustment
2.3.1 Board of Adjustment, Establishment Of
2.3.1.1 A Board of Adjustment is hereby established. It shall consist of five
members, and two alternates, all of who shall be residents of Orange
County's Planning Jurisdiction. One of the regular members shall be a
member of the Orange County Planning Board, ex officio, who shall have
full rights, privileges and responsibilities.
2.3.1.2 The members shall be appointed by the Board of Commissioners for
terms of three years, and until their respective successors have been
appointed and qualified; provided that the terms of the original members
may be staggered so that all terms may not expire simultaneously. Each
appointment to fill a vacancy shall be for the unexpired term.
2.3.1.3 A member may be appointed for a second successive term, but after two
consecutive terms a member shall be ineligible for reappointment until one
calendar year has elapsed from the date of completion of the second term.
2.3.1.4 Members shall serve without compensation, but shall be reimbursed for
direct expenses incurred in connection with the discharge of their duties.
2.3.1.5 Alternate members may vote only in the absence of regular members.
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2.3.2 Powers of Board
The Board of Adjustment shall have the following powers:
a) Hear, review, and decide appeals from and review any order
requirement, decision, determination made by the Planning Director
in the performance of official duties.
b) Hear and decide applications for the approval of those Special
Uses requiring Board of Adjustment approval, in accordance with
the rules and conditions laid down in this ordinance.
c) Hear and decide appeals for variances from the dimensional
regulations of this ordinance in accordance with Subsection 2.3.5.
Nothing in this ordinance shall be construed to authorize the Board
of Adjustment to permit a use in a district where that use is neither
a Permitted Use nor a Special Use.
d) Pass upon, decide or determine such other matters as may be
required by this ordinance.
2.3.3 Board of Adjustment Administration
2.3.3.1 The Board shall adopt Rules of Procedure and Regulations for the
conduct of its affairs.
*2.3.3.2
*Amended
4/2/90 All meetings of the Board shall be conducted in compliance with the North
Carolina Open Meetings Law, North Carolina General Statutes G.S.
143.318.9 et seq. The Board shall give notice of its meetings also as
provided in the Open Meetings Law. Notice shall be given to Board of
Adjustment members as provided in the Rules of Procedure adopted by
the Board.
2.3.3.3 The Board shall keep a record of its meetings, including the vote of each
member on every question, a complete summary of the evidence
submitted to it, documents submitted to it and all official actions.
*2.3.3.4
*Amended
2/9/83
7/2/84
7/6/87
10/17/89 The Board shall give notice of matters coming before it by causing public
notation to be placed in a newspaper of general circulation in Orange
County. The notice shall appear once a week for two consecutive weeks,
the first insertion to be not less than ten (10) days nor more than twenty-
five (25) days prior to the meeting date. In computing the notice period,
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the day of publication is not to be included, but the day of the hearing is to
be included.
In the case of application for a Class B Special Use permit or variance the
Planning Director shall give written notice by certified mail to adjacent
property owners. This notice shall be given not less than 15 days prior to
the meeting date. Adjacent property owners are those whose property lies
within 500 feet of the affected property and whom are currently listed as
property owners in the Orange County tax records.
The Planning Director shall also post on the applicants affected property a
notice of the Board meeting at least ten (10) days prior to the meeting
date.
In the case of an expedited appeal of a Stop Work Order issued by the
Planning Director, the Planning Director shall give written notice by
certified mail to the property owner, and/or person(s) engaged in the
alleged violation. Notification of adjacent property owners, posting of
property, and publication of a hearing notice is not required.
2.3.3.5 The person acting as Chair of the Board is authorized to administer oaths
to any witnesses on any matter coming before the Board.
2.3.3.6 Applications for Special Use approvals, applications for variances and
appeals for review of decisions of the Planning Director's interpretations
shall be filed with the Planning Director as agent for the Board.
Applications and appeals shall be submitted on forms provided by the
Planning Director.
2.3.3.7
Amended
10/17/89
3/14/00 It shall be the responsibility of the Planning Director to notify the parties to
the applications or appeal of the disposition which the Board made of the
matter. This notice shall be made by registered or certified mail within five
working days of the Board's actions. The Planning Director shall
simultaneously keep on file a copy of the Board's action.
The Board shall act on all applications before it.
The Board shall act on any appeal of a Stop Work Order issued by the
Planning Director at its next regularly scheduled meeting.
2.3.3.8 It shall be the responsibility of the Planning Director to issue permits in
accord with the Board's action on an appeal or application, if a permit is
authorized by the Board's actions.
2.3.3.9 The Planning Director shall see to the faithful execution of all portions of
the Board's actions, including the enforcement of all conditions which may
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have been attached to the granting of a variance or approval of a Special
Use.
2.3.4 Quorum and Vote Required
2.3.4.1 A quorum of the Board, necessary to conduct any business of the Board
shall, consist of four members.
2.3.4.2 The concurring vote of four of the members of the Board shall be
necessary in order:
a) To reverse any order, requirement, decision or determination of any
administrative official charged with enforcement of this ordinance,
or
b) To decide in favor of the applicant any matter upon which it is
required to pass by this ordinance, or
c) To effect any variation in this ordinance.
2.3.4.3 A simple majority of those present shall be necessary to conduct routine
business of the Board.
2.3.5 Application Of The Special Use Power
The application of the Special Use Power shall be as set forth in Article 8.
2.3.6 Application Of The Variance Power
2.3.6.1 A variance may be allowed only by the Board of Adjustment in cases
involving practical difficulties or unnecessary hardships, when substantial
evidence in the official record of the application supports all the following
findings.
a) That the alleged hardships or practical difficulties are unique and
singular as regards to the property of the person requesting the
variance and are not those suffered in common with other property
similarly located.
b) That the alleged hardships and practical difficulties, which will result
from failure to grant the variance, extend to the inability to use the
land in question for any use in conformity with the provision of this
ordinance and include substantially more than mere inconvenience
and inability to attain a higher financial return.
c) That the variance, if allowed, will not substantially interfere with or
injure the rights of others whose property would be affected by
allowance of the variance.
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d) That the variance is in harmony with and serves the general intent
and purpose of this ordinance and the adopted Comprehensive
Plan.
e) That allowing the variance will result in substantial justice being
done, considering both the public benefits intended to be secured
by this ordinance and the individual hardships that will be suffered
by a failure of the Board to grant a variance.
2.3.6.2 All of these findings of fact shall be made in the indicated order by the
Board of Adjustment, which is not empowered to grant a variance without
an affirmative finding of fact shall be supported by substantial evidence in
the record of proceedings before the Board.
2.3.6.3 The Board may impose reasonable conditions upon the granting of any
variance to insure that the public health, safety, and general welfare shall
be protected and substantial justice done.
2.3.6.4 Nothing in this section shall be construed to authorize the Board to permit
a use in a district where that use is neither a Permitted Use nor a Special
Use.
2.3.7 Application Of Interpretation Power
2.3.7.1 An appeal from an order, requirement, decision or determination of the
Planning Director shall be decided by the Board based upon its findings of
fact and to achieve the intent of the Ordinance. In exercising this power,
the Board shall act in a prudent manner so that the purposes of the
ordinance shall be served. The effect of the decision shall not be to vary
the terms of the Ordinance nor add to the list of Permitted Uses in the
districts.
*2.3.7.2
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*Amended
4/1/85 An appeal for an interpretation of a decision, file determination or directive
of the Planning Director must be within thirty (30) days after the
decision, determination or directive was made by the Planning Director
and record of that action filed in the office of the Planning Director.
2.3.8 Appeal Stays Further Proceedings
An appeal to the Board of Adjustment from a decision or determination of
the Planning Director stays all proceedings in furtherance of the decision
or determination appealed from, except as provided in 2.3.9.
2.3.9 Exceptions to Stay of Action
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2.3.9.1 An appeal to the Board of Adjustment of a determination or decision of the
Planning Director shall not stay further proceedings in furtherance of the
decision or determination appealed from, if the Planning Director certifies
either:
a) That in the opinion of the Planning Director a stay would cause
imminent peril to life and/or property.
b) That the situation appealed from its transitory in nature and,
therefore an appeal would seriously interfere with enforcement of
the ordinance.
2.3.9.2 In each instance, the Planning Director shall place in the certificate facts to
support the conclusion.
2.3.10 Appeals of Board of Adjustment Actions
Every decision of the Board shall be subject to review at the instance of
any aggrieved party by the Superior Court by proceedings in the nature of
certiorari. The appeal to Superior Court must be filed within thirty days of
the filing by the Secretary of the Board of the decision in the office of the
Planning Director or the delivery by the Planning Director of the notice
required in 23.3.7, whichever is later.
2.4 Planning Department
2.4.1 Duties and Responsibilities
The Planning Department, an administrative department of the County
Government headed by the Planning Director, who is appointed by the
County Manager, has the following responsibilities in relation to this
ordinance.
a) The administration and enforcement of the ordinance.
b) The issuance of any required permits and certificates as authorized
by this ordinance.
c) Administrative, technical and professional support to the Board of
County Commissioners, Planning Board, Board of Adjustment and
any advisory committee set up hereunder.
d) The preparation of written staff reports and recommendations on all
proposed amendments to this ordinance, application of approval of
Special Uses, applications for all planned developments,
applications of approval of plats, applications for variances and
appeals from orders, decisions, determinations and requirements
made in enforcing this ordinance.
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e) Liaison with other County departments, representatives of other
local governmental units and units of the State of North Carolina
and of the United States.
f) The maintenance of data, maps, and other information necessary
to discharge of its responsibilities.
g) Provide appropriate services to encourage the participation of
citizens of Orange County in the discharge of its responsibilities.
h) Perform such other duties as may be directed by the Board of
County Commissioners.
2.4.2 Development Advisory Committee Established
There is hereby established a Development Advisory Committee to assist
the Planning Department in the execution of its functions. It may consist
of representatives from:
a) Orange County Planning Department
b) Orange County Health Department
c) N.C. DOT District
d) Town of Chapel Hill
e) Town of Carrboro
f) Town of Hillsborough
g) Town of Mebane
h) Orange Water and Sewer Authority; Orange-Alamance Water
District
i) Public Utilities
j) Emergency Services
k) Soil Conservation Service
I) Board's of Education; Orange County or Chapel Hill/Carrboro
*2.4.2.1 Duties and Responsibilities
*Amended
10/17/89
2/19/91 The Development Advisory Committee has the following duties and
responsibilities. The Committee shall:
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a) Review proposed amendments, Planned Developments, Special
Uses, rezonings, and subdivisions for the Planning Director on the
technical issues raised; and
b) Review in cooperation with the Planning Director the relationship
between the Comprehensive Plan and this code; and
c) Produce, as required, for all County governing bodies and planning
boards a report on such amendments, Planned Developments,
Special Uses, rezonings, subdivisions or other technical issues that
may be referred to the Committee; and
d) Render technical advice and recommendations related to this
Ordinance and its operation.
2.4.2.2 Development Advisory Committee Meetings
The Director of Planning is to convene and chair meetings of the
Development Advisory Committee. The minutes of each meeting of the
Committee are to be maintained as a separate document in the nature of
a public record in the office of the Planning Director.
2.4.2.3 Reports
The Development Advisory Committee shall prepare its report on a
proposed amendment, Special Use, Planned Development, or subdivision
on the basis of the petition, if any, and supporting documentation as well
as any public plans, studies, or data.
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