Agenda - 03-02-2010 - 4l - Laserfiche WebLink

Browse Search

112 Annotated Outline development standards creates undue hardship. The general intent of the existing variance provisions is that the hardship standard required to be demonstrated for approval of a variance be stringent (e gadadministrative adjustmen)Ibeforeebe n'g eligiblerto apply for a vartance.t The text will alsoadarlfy (based on relcently-amended state legislation} that a variance may not be used to allow a change in the uses permitted within a particular zoning district The section will also require documents memorializing an approved variance be recorded at the Register of Deeds. Administrative Adjustment adjustdany numer catsUndard in the d nonce by up t 10 percent ba ed onDaOvery specific e tof criteriaD.1rThe procedur~is designed scenarios on exceptionally d'iffi ulrto develop site a1Hs intended forsdevelopment th t ponesadvance~the goalsdandupuaposes of the general zoning district in which it is located; two, is more or equally effective In achieving the relevant standards from which the modification is granted; or three, relieves practical difficulties of developing a site. In addition, we recommend a second tier 251 pe cent poutsdeathe hardshiperequfrements tofethe vananBeard h'sconsuggesteduas away to acocommodate (redevelopment and development on less desirable inffll sites. therpurpose of establ~hingfdeveopment thatd'rsusupenorrthannlwouldootherwiseorresult from ca strict appliwtionrofathe typical development standards. The procedure will also include detailed timing provisions as well as limits on multiple use of the procedure to substantially deviate from the UDO standards. See Page 2-15 in the diagnosis for more details on the administrative adjustment proposal. Interpretation Numerous stakeholders expressed concerns regarding the interpretation of current zoning provisions, and the lack of a clear proce ure authorizes the Planning Directorpto make an off caalrinterlpretation of the o divan e with assistance f oamrtherTown Atto ey only after an application for an interpretation has been submitted. Elected and appointed bodies may request interpretations without need of a formal application. The new procedure will include language indicating that any interpretation made outride of this process shall not be binding. otebook foreseveral reasonsanFirstg, tDhey coon be ~ ferced to when mak ng future nterpretatfons to ensure cons~t nrcy n therapplicat can of the code; and second, they can be used as a road map in identifying provisions that might need future amendments. See page 2-6 of the diagnosis for more details on this procedure. Appeal decisionsmaking blod es thatt arerdCOnsidered by the Board of Adjustme t (BOA}alsThis section will clarfysthesdght of appeal by persons appeals fomedec'osionsf by reviewr bod err, anddthe assocliated tim framescandrlimitations specifed byOthe Genleral Statutes assoc ated with appeals to the Superior Court of Orange County. Vested Rights Determination This section will include provisions as specified under the North Carolina Ceneral Statutes. The seNon will clarify thaT the Town Board and recommendation by the Planning Board.y The sedbon willrset out the requGements for vesUng,gthe effect of a vested site spec fic development plan or preliminary plat, and procedures addressing the revocation or expiration of a vested right Beneficial Use Determination Over the last decade a growing number of local governments have included a procedure in their land use regulations that allows any local elected body.llThis procedure is called a beneficiarl userdetersm nationkin~ of their properly to seek administrative relief from the Hillsborough, North Carolina Unified Development Ordinance I Draft November0, 2009 Page 10