§ 7.3. PLANNING BOARD ACTION

The Planning Director shall set and advertise a date and time for a public hearing before the Planning Board. Notice of a public hearing shall be given once a week for two successive calendar weeks in a newspaper of general circulation, said notice to be published the first time not less than ten (10) nor more than twenty-five (25) days prior to the date fixed for said hearing. In addition to the newspaper advertisement, notice shall also be made by posting the property concerned, with a posted indicating the proposed change, the date, the location, and the time of the public hearing at least one week before the public hearing.

At the public hearing all interested persons shall be permitted to testify in sworn testimony. The applicant shall provide to the Planning Department a list of the names and addresses of all adjacent property owners. A notice of the public hearing shall be mailed, RETURN RECEIPT REQUESTED, to each person on this list prior to the public hearing. The person mailing such notice shall certify that such notices have been mailed.

The Planning Board shall consider the application and comments at the public hearing and may grant or deny the Special Use Permit. In conducting the public hearing and considering the application, the Planning Board shall follow quasi-judicial procedures. A simple majority vote of the Planning Board is required to grant or deny a Special Use Permit. Vacant positions on the Board and members who are disqualified from voting on the matter shall not be considered "members of the Board" for calculation of the requisite majority.

No Planning Board member shall participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible conflicts include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter. If an objection is raised to a member's participation and that member does not recuse himself/herself, the remaining members shall by majority vote rule on the objection.

(Amendment # 12 effective January 23, 2006)

If the Special Use Permit is granted, the Planning Board shall use as a guide, the specific conditions outlined in this Article for each use proposed. In addition, the Planning Board shall find:

A.

That the use will not materially endanger the public health or safety, if located according to the plan submitted and approved;

B.

That the use meets all required conditions and specifications;

C.

That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and

D.

That the location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the Bladen County Land Use Plan.

In granting the Special Use Permit the Planning Board may designate only those conditions, in addition to those stated herein, which, in its opinion, assure that the use in its proposed location will be harmonious with the area and with the spirit of this Ordinance and clearly in keeping with the public welfare. All such additional conditions shall be entered in the minutes of the meeting at which the Special Use Permit is granted, on the Special Use Permit itself, and on the approved plans submitted therewith. All specific conditions shall run with the land and shall be binding on the original applicants for the Special Use Permit, their heirs, successors and assigns.