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013 <br />MEMORANDUM <br />co vN �gwMir, <br />® ans O O <br />CAtz�1S� c'OTEREO <br />TO: Lee County Board of Commissioners <br />Lee County Planning Board <br />John Crumpton, County Manager <br />FROM: Marshall Downey, Assistant Director of Planning and Development <br />DATE: December 16, 2013 <br />REF: Discussion of possible text amendments to the Unified Development <br />Ordinance (UDO) regarding changes in State Law affecting Board of <br />Adjustment procedures. <br />This past session, the North Carolina General Assembly passed two laws that directly affect <br />local land use administration via our Unified Development Ordinance (UDO). This is the first <br />of two public hearings regarding proposed text changes to the UDO to reflect the new law. <br />The Legislature updated the procedures that govern boards of adjustment/quasi-judicial <br />hearings (mainly in an attempt to "modernize" the long - standing rules). These recommended <br />changes are based on SL 2013 -126 and affect two articles of the UDO (Article 2 and Article <br />3). A draft of the affected Articles is attached with changes highlighted. A summary of the <br />changes is also provided below. <br />The change in Article 2 (Sections 2.2.6 and 2.2.7) is simply an update to reflect new language <br />regarding conflicts of interest as well as an update to references to Article 3. Note, the <br />language is very similar to previous language, just updated to reflect more contemporary legal <br />terms /procedures. <br />Section 3.1.5.3 includes a large amount of new language to reflect how the deciding board <br />conducts meetings, how it makes decisions, and how an appeal is made from the decision of <br />the board as well as how notice is given of the hearing(s). Again, the language is very similar <br />to previous language, just updated to reflect more contemporary legal terms /procedures. <br />Section 3.5.3.5 and 3.5.3.6 are updates to procedures for applications for Special Use Permits <br />(SUPS). SUPS are reviewed and approved by the board of adjustment under the quasi-judicial <br />process. SL 2013 -126 actually lessened the requirement for approval of an SUP as it now <br />only requires a simple majority of the board of adjustment. Previously, an SUP required a <br />4/5'' majority (80 %) vote to pass. This is one of the biggest changes under the mw law that <br />affects local boards and their review and approval process. <br />