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

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Article 2: Procedures 108 Section 2.12: Board of Adjustment (B) An appeal to the Board of Adjustment of a determination or decision of the Planning Director shall not stay further proceedings in furtherance of the decision or determination appealed from, if the Planning Director deteFFnines certifies to the Board of Adjustment in an affidavidt either: (1) That in the opinion of the Planning Direntnr a stay would pause imminent peril to life andipr pmpeFt. A stay would cause imminent peril to life or property, or,- (2) That theThe situation appealed from is transitory in nature and, therefore an appeal would seriously interfere with enforcement of the Ordinance. {3.)(C) In either instance, the Planning Director shall place in the determination facts to support the conclusion if (B)(1) and /or (B)(2) are invoked. ip(D) If (B)(1) and /or (B)(2) are invoked, and approved by the Board of Adjustment, enforcement proceedings shall not be staved except through the issuance of a restraining order issued by a court of competent jurisdiction. If enforcement proceedings are not staved, the appellant may file a request for an expedited hearing of the appeal. 2.11.4 Review Procedures (A) Applications for an appeal of an interpretation 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 conduct of the hearing shall be consistent with the provisions of Section 2.12 of this Ordinance. (C) The Planning Director shall complete an assessment of the application and provide a recommendation on the disposition of the application. The assessment shall include all relevant facts utilized in rendering the disputed decision and the rationale for the interpretation made by the Planning Director. (D) The assessment shall be introduced at the hearing and become part of the record. (E) Upon hearing all evidence associated with the application, the Board of Adjustment shall close the hearing and render a decision on the matter to affirm, modify, or reverse the decision of the Planning Director. 2.11.5 Findings of Fact The Board of Adjustment shall provide a detailed rationale for its decision in the form of an order to affirm, modify, or reverse the decision of the Planning Director. This order shall provide the necessary justification for the Board's action based on the testimony and evidence entered into the record during the hearing. 2.11.6 Notice Requirements Notice requirements shall follow Section 2.12.6(A). Other subsections of Section 2.2.6 are not applicable to applications for an appeal of an interpretation. 2.12.1 General Provisions (A) The Board shall act on all applications before it. (B) The Board shall act on any appeal of a Stop Work Order issued by the Planning Director at its next regularly scheduled meeting or at a special meeting called for that purpose. 6 Staff is adding new language consistent with changes in State law. Orange County, North Carolina — Unified Development Ordinance Page a — Return to Agenda