Planning Board agenda 032019 - Laserfiche WebLink

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Article 2: Procedures 20 Section 2.11: Interpretations 2.11.2 Application Requirements (A) Applications for an appeal of an interpretation of a decision, file determination, directive, Notice of Violation, or other similar determination shall be submitted on forms provided by the Planning Department in accordance with Section 2.2 of this Ordinance. Ten copies of the application and supporting documentation shall be submitted. (B) Applications must be received by the Planning Director no later than 30 days after the decision, file determination, directive, Notice of Violation, or other similar determination was made. 2.11.3 Burden of Proof Applicants shall have the burden of establishing by competent material and substantial evidence, in the form of testimony, exhibits, documents, models, plans, and other materials, that the application meetings the requirements for approval of a Variance. Further, the applicant shall have the burden of persuasion on those issues. Stay on Further Proceedings (A) An appeal to the Board of Adjustment from a decision or determination of the Planning Director stays all proceedings in furtherance of the decision or determination appealed from, except as provided herein. (B) An appeal to the Board of Adjustment of a determination or decision of the Planning Director shall not stay further proceedings in furtherance of the decision or determination appealed from, if the Planning Director certifies to the Board of Adjustment in an affidavit either: (1) A stay would cause imminent peril to life or property, or (2) The situation appealed from is transitory in nature and, therefore an appeal would seriously interfere with enforcement of the Ordinance. (C) In either instance, the Planning Director shall place in the determination facts to support the conclusion if(B)(1) and/or(B)(2) are invoked. (D) If(B)(1)and/or(B)(2) are invoked, and approved by the Board of Adjustment, enforcement proceedings shall not be stayed except through the issuance of a restraining order issued by a court of competent jurisdiction. If enforcement proceedings are not stayed, the appellant may file a request for an expedited hearing of the appeal. 2.11. 2.11.5 Review Procedures (A) Applications for an appeal of an interpretation 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 conduct of the hearing shall be consistent with the provisions of Section 2.12 of this Ordinance. (C) The Planning Director shall complete an assessment of the application and provide a recommendation on the disposition of the application. The assessment shall include all relevant facts utilized in rendering the disputed decision and the rationale for the interpretation made by the Planning Director. (D) The assessment shall be introduced at the hearing and become part of the record. z As with proposed changes in Section 2.10 dealing with the burden of proof for variances,staff is adding language in Red Underlined Bold Highlighted text denoting a change made after the March 6, 2019 Planning Board packet was completed to address a legal sufficiency concern made by the County Attorney. Orange County, North Carolina—Unified Development Ordinance Page 2-42