Orange County NC Website
Article 2: Procedures <br /> Section 2.12: Board of Adjustment <br /> <br />(1) That, in the opinion of the Planning Director, a stay would cause imminent peril to <br />life and/or property. <br />(2) That the situation appealed from is transitory in nature and, therefore an appeal <br />would seriously interfere with enforcement of the Ordinance. <br />(3) In either instance, the Planning Director shall place in the determination facts to <br />support the conclusion. <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 2.12.6 12 <br />are not applicable to applications for an appeal of an interpretation. <br />SECTION 2.12: BOARD OF ADJUSTMENT <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 />2.12.2 Quasi-Judicial Proceedings <br />(A) The Board of Adjustment acts in a quasi-judicial capacity. However, it is not intended <br />that its proceedings be conducted as formally as those before courts. <br />(B) The rules of procedure and evidence set forth in this Ordinance shall be followed to <br />protect the interests of all parties and the public. <br />(C) The presiding officer shall administer oaths to all witnesses and shall make rulings <br />necessary to preserve fairness, order, or proper decorum in any matter before the Board <br />of Adjustment. <br />12 Typographical error that staff recommends correcting as part of this amendment package. <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 2-38 <br /> <br />