ORD-2019-015 UDO amendment Permitted Uses Table

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Article 2 : Procedures Section 2 . 11 : Interpretations SECTION • 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 . 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 meets the requirements for approval of a Variance . Further , the liar +�'rl have the burden of PorsL i-aeinR On these ic• c+ uoc+ 2A 1 832A 1 . 4 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 ( 13) ( 1 ) and/or ( 13 ) ( 2 ) are invoked . ( D ) If ( 13 ) ( 1 ) and/or ( 13 ) ( 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 . 7 At its March 20, 2019 special meeting, the Planning Board indicated they had no concerns with this language . 8 As with proposed changes in Section 2 . 10 dealing with the burden of proof for variances, the * � . . . . t ' F8U & Yellow '" High ^ ''*'' language was eliminated by unanimous vote of the BOCC at its April 16 , 2019 meeting . This was done before approval of the amendment package Orange County, North Carolina — Unified Development Ordinance Page 2 -42