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Article 2: Procedures 92 <br /> Section 2.11: Interpretations <br /> SECTION • <br /> 2.11.1 Generally <br /> An appeal from an order, requirement, decision or determination of the Planning Director shall be <br /> decided by the Board of Adjustment based upon its findings of fact and to achieve the intent of <br /> this Ordinance. In exercising this power, the Board of Adjustment shall act in a prudent manner <br /> so that the purposes of this Ordinance shall be served. The effect of the decision shall not be to <br /> vary the terms of this Ordinance nor add to the list of Permitted Uses in the districts. <br /> 2.11.2 Application Requirements <br /> (A) Applications for an appeal of an interpretation of a decision, file determination, directive, <br /> Notice of Violation, or other similar determination shall be submitted on forms provided by <br /> the Planning Department in accordance with Section 2.2 of this Ordinance. Ten copies of <br /> the application and supporting documentation shall be submitted. <br /> (B) Applications must be received by the Planning Director no later than 30 days after the <br /> decision, file determination, directive, Notice of Violation, or other similar determination <br /> was made. <br /> 2.11.3 Burden of Proof <br /> Applicants shall have the burden of establishing by competent material and substantial evidence, <br /> in the form of testimony, exhibits, documents, models, plans, and other materials, that the <br /> application meets the requirements for approval of a Variance. Further, the applicant shall <br /> have the burden of persuasion on those issues. <br /> 2.11.32.11.4 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, enforcement <br /> proceedings shall not be stayed except through the issuance of a restraining order issued <br /> by a court of competent jurisdiction. If enforcement proceedings are not stayed, the <br /> appellant may file a request for an expedited hearing of the appeal. <br /> At its March 20,2019 special meeting,the Planning Board indicated they had no concerns with this language. <br /> 8 As with proposed changes in Section 2.10 dealing with the burden of proof for variances,staff is adding language <br /> in Red Underlined Bold Highlighted to address legal sufficiency concerns.At its March 20, 2019 special meeting, <br /> the Planning Board voted 7 to 1 to recommend approval of the UDO amendment package with this highlighted <br /> language eliminated. Staff,as well as the County Attorney, recommends the language remain and the BOCC <br /> approve the packet as presented. <br /> Orange County, North Carolina—Unified Development Ordinance Page 2-42 <br />