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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 <br />th;;t the pubk health, safety, and general welfaFe aFe proteGted and substantial jUSt'Ge <br />fie. 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 />SECTION 2.11: INTERPRETATIONS <br />2.11.1 General <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 Stav on Further Proceedi <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 />