Orange County NC Website
Browse       Search
Article 2: Procedures 12 <br /> Section 2.11: Interpretations <br /> (B) The Board of Adjustment is not authorized to grant a variance that would permit a use in <br /> a district where that use is neither a Permitted Use nor a Special Use. <br /> 2.10.8 Review Procedures <br /> (A) Applications for a Variance shall be reviewed and acted upon by the Board of Adjustment <br /> in accordance with the procedures contained in Section 2.12 of this Ordinance. <br /> (B) The Planning Director shall complete an assessment of the application and provide a <br /> recommendation on the disposition of the application. <br /> (C) The assessment shall be introduced at the hearing and become part of the record. <br /> 2.10.9 Findings of Fact <br /> (A) Required findings of fact, as listed in Section 2.10.3, shall be made in the indicated order <br /> by the Board of Adjustment. <br /> (B) The Board of Adjustment is not empowered to grant a variance without an affirmative <br /> finding of fact supported by substantial evidence in the record of proceedings before the <br /> Board. <br /> 2.10.10 Conditions of Approval <br /> The Board of Adjustment may impose reasGRable ee^e';t?e^° U ^^^ the @PPFGval ^f aRy aF;o^ce to <br /> 0 nsulre-that the publiG health, safety, and geneFal welfaFe aFe pFGteGted and substantial jUStiGe <br /> die-_appropriate conditions provided that such conditions are reasonably related to the <br /> variance. <br /> 2.10.11 Notice Requirements <br /> Notice of matters before the Board of Adjustment shall follow the procedures in Section 2.12.6. <br /> I SECTION INTERPRETATIONS <br /> 2.11.1 Generally <br /> An appeal from an order, requirement, decision or determination of the Planning Director shall be <br /> decided by the Board of Adjustment based upon its findings of fact and to achieve the intent of <br /> this Ordinance. In exercising this power, the Board of Adjustment shall act in a prudent manner <br /> so that the purposes of this Ordinance shall be served. The effect of the decision shall not be to <br /> vary the terms of this Ordinance nor add to the list of Permitted Uses in the districts. <br /> 2.11.2 Application Requirements <br /> (A) Applications for an appeal of an interpretation of a decision, file determination, directive, <br /> Notice of Violation, or other similar determination shall be submitted on forms provided by <br /> the Planning Department in accordance with Section 2.2 of this Ordinance. Ten copies of <br /> the application and supporting documentation shall be submitted. <br /> (B) Applications must be received by the Planning Director no later than 30 days after the <br /> decision, file determination, directive, Notice of Violation, or other similar determination <br /> was made. <br /> 2.11.3 Stay on Further Proceedings <br /> (A) An appeal to the Board of Adjustment from a decision or determination of the Planning <br /> Director stays all proceedings in furtherance of the decision or determination appealed <br /> from, except as provided herein. <br /> Staff is recommending existing language referencing`public health,safety,general welfare' as well as`substantial <br /> justice'be deleted as this wording does not appear in the Statute. <br /> Orange County, North Carolina-Unified Development Ordinance Page 2-36 <br />