Agenda - 11-25-2013 - C3 - Laserfiche WebLink

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Article 2: Procedures 107 Section 2.11: Interpretations (B) The Board of Adjustment is not authorized to grant a variance that would permit a use in a district where that use is neither a Permitted Use nor a Special Use. 2.10.8 Review Procedures (A) Applications for a Variance shall be reviewed and acted upon by the Board of Adjustment in accordance with the procedures contained in Section 2.12 of this Ordinance. (B) The Planning Director shall complete an assessment of the application and provide a recommendation on the disposition of the application. (C) The assessment shall be introduced at the hearing and become part of the record. 2.10.9 Findings of Fact (A) Required findings of fact, as listed in Section 2.10.3, shall be made in the indicated order by the Board of Adjustment. (B) The Board of Adjustment is not empowered to grant a variance without an affirmative finding of fact supported by substantial evidence in the record of proceedings before the Board. 2.10.10 Conditions of Approval The Board of Adjustment may impose GIGAR appropriate conditions provided that such conditions are reasonably related to the variance 2.10.11 Notice Requirements Notice of matters before the Board of Adjustment shall follow the procedures in Section 2.12.6. 2.11.1 Generally An appeal from an order, requirement, decision or determination of the Planning Director shall be decided by the Board of Adjustment based upon its findings of fact and to achieve the intent of this Ordinance. In exercising this power, the Board of Adjustment shall act in a prudent manner so that the purposes of this Ordinance shall be served. The effect of the decision shall not be to vary the terms of this Ordinance nor add to the list of Permitted Uses in the districts. 2.11.2 Application Requirements (A) Applications for an appeal of an interpretation of a decision, file determination, directive, Notice of Violation, or other similar determination shall be submitted on forms provided by the Planning Department in accordance with Section 2.2 of this Ordinance. Ten copies of the application and supporting documentation shall be submitted. (B) Applications must be received by the Planning Director no later than 30 days after the decision, file determination, directive, Notice of Violation, or other similar determination was made. 2.11.3 Stay on Further Proceedings (A) An appeal to the Board of Adjustment from a decision or determination of the Planning Director stays all proceedings in furtherance of the decision or determination appealed from, except as provided herein. s Staff is recon-unending existing language referencing `public health, safety, general welfare' as well as `substantial justice' be deleted as this wording does not appear in the Statute. Orange County, North Carolina – Unified Development Ordinance Page " — Return to Agenda