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2.11.3 Stay on Further Proceedings <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 />(B) An appeal to the Board of Adjustment of a determination or decision of the Planning <br />Director shall not stay further proceedings in furtherance of the decision or determination <br />appealed from, if the Planning Director certifies to the Board of Adjustment in an affidavit <br />either: <br />(1) A stay would cause imminent peril to life or property, or <br />(2) The situation appealed from is transitory in nature and, therefore an appeal <br />would seriously interfere with enforcement of the Ordinance. <br />(C) In either instance, the Planning Director shall place in the determination facts to support <br />the conclusion if (B)(1) and/or (B)(2) are invoked. <br />(D) If (B)(1) and/or (B)(2) are invoked, and approved by the Board of Adjustment, <br />enforcement proceedings shall not be stayed except through the issuance of a restraining <br />order issued by a court of competent jurisdiction. If enforcement proceedings are not <br />stayed, the appellant may file a request for an expedited hearing of the appeal. <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 17 <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 />17 Typographical error that staff recommends correcting as part of this amendment package. <br />69