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57 <br /> Article 2: Procedures <br /> Section 2.11:Interpretations <br /> (B) The Board of Adjustment is not authorized to grant a variance that would permit a use <br /> in a district where that use is neither a Permitted Use nor a Special Use. <br /> 2.10.9 Review Procedures <br /> (A) Applications for a Variance shall be reviewed and acted upon by the Board of <br /> Adjustment in accordance with the procedures contained in Section 2.12 of this <br /> Ordinance. <br /> (B) The Planning Director shall complete an assessment of the application and provide a <br /> recommendation on the disposition of the application. <br /> (C) The assessment shall be introduced at the hearing and become part of the record. <br /> 2.10.10 Findings of Fact <br /> (A) Required findings of fact,as listed in Section 2.10.4,shall be made in the indicated <br /> order by the Board of Adjustment. <br /> (B) The Board of Adjustment is not empowered to grant a variance without an affirmative <br /> finding of fact supported by substantial evidence in the record of proceedings before <br /> the Board. <br /> 2.10.11 Conditions of Approval <br /> The Board of Adjustment may impose appropriate conditions provided that such conditions are <br /> reasonably related to the variance. <br /> 2.10.12 Notice Requirements <br /> Notice of matters before the Board of Adjustment shall follow the procedures in Section 2.12.6. <br /> SECTIONINTERPRETATIONS <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, <br /> directive, Notice of Violation,or other similar determination shall be submitted on forms <br /> provided by the Planning Department in accordance with Section 2.2 of this Ordinance. <br /> Ten copies of 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 an VaFi RGeappeal effrom an order, <br /> requirement,decision,or determination of the Planning Director. pter;r�." <br /> se Correct existing error in the text. <br /> Orange County,North Carolina—Unified Development Ordinance Page 2-45 <br />