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29 <br /> Article 2: Procedures <br /> Section 2.11: Interpretations <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, directive, <br /> Notice of Violation, or other similar determination shall be submitted on forms provided by <br /> the Planning Department in accordance with Section 2.2 of this Ordinance. Ten copies of <br /> 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 appeal from an order, requirement, <br /> decision, or determination of the Planning Director. <br /> 2.11.4 Stay on Further Proceedings <br /> (A) An appeal to the Board of Adjustment from a decision or determination of the Planning <br /> Director stays all proceedings in furtherance of the decision or determination appealed <br /> from, except as provided herein. <br /> (B) An appeal to the Board of Adjustment of a determination or decision of the Planning <br /> Director shall not stay further proceedings in furtherance of the decision or determination <br /> appealed from, if the Planning Director certifies to the Board of Adjustment in an affidavit <br /> either: <br /> (1) A stay would cause imminent peril to life or property, or <br /> (2) The situation appealed from is transitory in nature and, therefore an appeal <br /> would seriously interfere with enforcement of the Ordinance. <br /> (C) In either instance, the Planning Director shall place in the determination facts to support <br /> the conclusion if(13)(1)and/or(13)(2)are invoked. <br /> (D) If(13)(1)and/or(13)(2)are invoked, and approved by the Board of Adjustment, <br /> enforcement proceedings shall not be stayed except through the issuance of a restraining <br /> order issued by a court of competent jurisdiction. If enforcement proceedings are not <br /> stayed, the appellant may file a request for an expedited hearing of the appeal. <br /> Orange County, North Carolina—Unified Development Ordinance Page 2-37 <br />