Orange County NC Website
Browse       Search
11. The applicant has the burden of establishing, by the submission of competent material <br />and substantial evidence, the existence of facts and conditions that demonstrate the <br />projects compliance with the various requirements and standards detailed within the <br />UDO. <br />Those opposing approval of the application shall have the burden of establishing, also <br />through the submission of competent material and substantial evidence, the specific <br />manner in which the proposal does not satisfy the requirements for approval of the <br />application. <br />12. As previously indicated the Board of Adjustment shall render a decision only on the <br />sworn testimony of all parties and on the competent material and substantial evidence <br />submitted during the hearing relating to the approval or denial of the application. <br />13. Per Section 2.25.4 of the UDO every decision of the Board of Adjustment shall be subject <br />to review at the request of any aggrieved party by the Superior Court by proceedings in <br />the nature of certiorari. Appeals have to be submitted with the Superior Court within 30 <br />days of the availability of notice of decision as detailed within 2.12.5 of the UDO. <br />14. If approved, staff is recommending the imposition of several conditions as detailed within <br />Attachment 3. <br /> <br />59