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. <br /> Article 2: Procedures 13 <br /> Section 2.12: Board of Adjustment <br /> (B) An appeal to the Board of Adjustment of a determination or decision of the Planning <br /> Director shall not stay further proceedings in furtherance of the decision or determination <br /> appealed from, if the Planning Director determines certifies to the Board of Adiustment in <br /> an affidavit$either: <br /> (1) That iR the GpiRiGR f the PlaMiRg DiFe GtGF a star would Gause imminent peril to <br /> life andler pre A stay would cause imminent peril to life or property, or,- <br /> (2) That4 eThe situation appealed from is transitory in nature and, therefore an <br /> appeal would seriously interfere with enforcement of the Ordinance. <br /> MJ I In either instance, the Planning Director shall place in the determination facts to support <br /> the conclusion if(B)(1) and/or(B)(2)are invoked. <br /> {q(D) If(B)(1) and/or(B)(2)are invoked, and approved by the Board of Adjustment, <br /> enforcement proceedings shall not be staved except through the issuance of a restraining <br /> order issued by a court of competent jurisdiction. If enforcement proceedings are not <br /> staved, the appellant may file a request for an expedited hearing of the appeal. <br /> 2.11.4 Review Procedures <br /> (A) Applications for an appeal of an interpretation shall be reviewed and acted upon by the <br /> Board of Adjustment in accordance with the procedures contained in Section 2.12 of this <br /> Ordinance. <br /> (B) The conduct of the hearing shall be consistent with the provisions of Section 2.12 of this <br /> Ordinance. <br /> (C) The Planning Director shall complete an assessment of the application and provide a <br /> recommendation on the disposition of the application. The assessment shall include all <br /> relevant facts utilized in rendering the disputed decision and the rationale for the <br /> interpretation made by the Planning Director. <br /> (D) The assessment shall be introduced at the hearing and become part of the record. <br /> (E) Upon hearing all evidence associated with the application, the Board of Adjustment shall <br /> close the hearing and render a decision on the matter to affirm, modify, or reverse the <br /> decision of the Planning Director. <br /> 2.11.5 Findings of Fact <br /> The Board of Adjustment shall provide a detailed rationale for its decision in the form of an order <br /> to affirm, modify, or reverse the decision of the Planning Director. This order shall provide the <br /> necessary justification for the Board's action based on the testimony and evidence entered into <br /> the record during the hearing. <br /> 2.11.6 Notice Requirements <br /> Notice requirements shall follow Section 2.12.6(A). Other subsections of Section 2.2.6 are not <br /> applicable to applications for an appeal of an interpretation <br /> 2.12.1 General Provisions <br /> (A) The Board shall act on all applications before it. <br /> (B) The Board shall act on any appeal of a Stop Work Order issued by the Planning Director <br /> at its next regularly scheduled meeting or at a special meeting called for that purpose. <br /> 8 Staff corrected the spelling of affidavit,denoted in red underlined bold text,here. <br /> 9 Staff is adding new language consistent with changes in State law. <br /> Orange County,North Carolina—Unified Development Ordinance Page 2-37 <br />