Agenda - 05-04-2021; 5-b - Unified Development Ordinance Text Amendments

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Article 2: Procedures 61 Section 2.11: Interpretations (B) The Board of Adjustment is not authorized to grant a variance that would per it a use in a district where that use is neither a Permitted Use nor a Special Us . 2.10. Review Procedures (A) Applications for a Variance shall be reviewed and acted upon by th oard of Adjustment in accordance with the procedures contained in Secti 2.12 of this Ordinance. (B) The Planning Director shall complete an assessment of the plication and provide a commendation on the disposition of the application. (C) Th assessment shall be introduced at the hearing and ecome part of the record. 2.10.10 Findings of Fact (A) Required fi ings of fact, as listed in Section 2. .4, shall be made in the indicated order by the and of Adjustment. (B) The Board of Adj tment is not empowere to grant a variance without an affirmative finding of fact supp ted by substantial idence in the record of proceedings before the Board. 2.10.11 Conditions of Approval The Board of Adjustment may impoX onditions provided that such conditions are reasonably related to the variance. 2.10.12 Notice Requirements Notice of matters before the Boar of Adjustment sha follow the procedures in Section 2.12.6. SECTIONINTERPRETATIONS 2.11.1 Generally An appeal from an or r, requirement, decision or determination o the Planning Director shall be decided by the Boar of Adjustment based upon its findings of fact a d to achieve the intent of this Ordinance. I exercising this power, the Board of Adjustment sha ct in a prudent manner so that the pure ses of this Ordinance shall be served. The effect of the ecision shall not be to vary the term of this Ordinance nor add to the list of Permitted Uses in the istricts. 2.11.2 Applicati n Requirements /(B) Applications for an appeal of an interpretation of a decision, file deter\th directive, Notice of Violation, or other similar determination shall be sforms provided by the Planning Department in accordance with SectiOrdinance. Ten copies of the application and supporting documentatsubmitted. Applications must be received by the Planning Director no later than decision, file determination, directive, Notice of Violation, or other sim 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 an Varianappeal gffrom an order, requirement, decision, or determination of the Planninq Director. 1^+8rpretat1GR — 52 Correct existing error in the text. Orange County, North Carolina—Unified Development Ordinance Page 2-45