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Article 2: Procedures 19 Section 2.11: Interpretations (b) Upon the State Environmental Management Commission's approval with conditions or stipulations, the Erosion Control Officer shall issue a final decision, which includes these conditions or stipulations. (c) Upon the State Environmental Management Commission's denial, the Erosion Control Officer shall issue a final decision denying the variance. (F) Requests for appeals of determinations made by the State's Environmental Management Commission that the requirements of subsection (A) have not been met shall be made to the State's Office of Administrative Hearings. 2.100.72.10.8 Unauthorized Variances (A) Other than stream buffer variances outside of the first 50-feet from the centerline of a stream, the Board of Adjustment is not authorized to grant variances to any of the standards of: (1) Article 7 - Subdivision Design and Improvements, (2) Section 6.15 - Erosion and Sedimentation Control, (3) Section 6.14- Stormwater Management, and (4) Section 6.16- Environmental Impact Reports (B) The Board of Adjustment is not authorized to grant a variance that would permit a use in a district where that use is neither a Permitted Use nor a Special Use. 2.10.82.10.9 Review Procedures (A) Applications for a Variance 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 Planning Director shall complete an assessment of the application and provide a recommendation on the disposition of the application. (C) The assessment shall be introduced at the hearing and become part of the record. 210.92.10.10 Findings of Fact (A) Required findings of fact, as listed in Section 2.10.3, shall be made in the indicated order by the Board of Adjustment. (B) The Board of Adjustment is not empowered to grant a variance without an affirmative finding of fact supported by substantial evidence in the record of proceedings before the Board. 210.102.10.11 Conditions of Approval The Board of Adjustment may impose appropriate conditions provided that such conditions are reasonably related to the variance. 210.112.10.12 Notice Requirements Notice of matters before the Board of Adjustment shall follow the procedures in Section 2.12.6. ,SECTIONINTERPRETATIONS 2.11.1 Generally An appeal from an order, requirement, decision or determination of the Planning Director shall be decided by the Board of Adjustment based upon its findings of fact and to achieve the intent of this Ordinance. In exercising this power, the Board of Adjustment shall act in a prudent manner so that the purposes of this Ordinance shall be served. The effect of the decision shall not be to vary the terms of this Ordinance nor add to the list of Permitted Uses in the districts. Orange County, North Carolina—Unified Development Ordinance Page 2-41