2010-032 Planning - Professional Services Related to the Orange County Unified Development Ordinance

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Annotated Outline dP development standards creates undue hardship. The general intent of the existing variance provisions is that the hardship standard required to be d emflnstr-ated for appraval of a variance be s�aringen�. to addition,the text Will be supplemented with a requirement that an applicant for a variance exhaust all other available forms of relief e.g., administrative adjustment) before being eligible to apply for a variance. The text will also clarify abased on recently-amended state legislation)that a variance may not be used to allow a change i n the uses permitted within a particular zoning districL The section 'F wi11 also require docu m e nts memorializing an approved variance be recvrded at the Register of Deeds. Administrat'i've Adjustment The administrative adjustment is a new procedure recommended for the UDO. It allows the Planning Director to modify, waive, or adjust any numerical standard in the ordinance by up to 10 percent based on a very specific set of criteria. The procedure is designed to serve as a 'safety valve" to address any unintended consequences of the ordinance provisions or to address difficult development scenarios on exceptionally difficult to develop sits. It isintended for development that: one, advances the goals and purposes 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 adjustment process also be included th at allows the Planning B oard to consider request to deviate from numeri i standards by up to 25 percent outside the hardship requirements of the variance. This is suggested as a way to accommodate redevelopment and development an less desirable infix!sites. In either scenario,approval of an administar ve adjustment may only be done in accordance with clearly specified criteria and only far the purpose of establishing development that is superior than would otherwise result from a strict app1i�ation of the 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 UDC standards. See Page Z-15 in the diagnosis for more details an the administrative adjustment proposal. Interpretation Numerous stakeholders expressed concerns regarding the interpretation of current zoning provisions, and the lack of a clear procedure for obtaining standardized interpretations. To address these concerns, we recommend a new formal interpretation procedure that authorizes the Planning Director to make an official interpretation of the ordinance with assi stance from the Town Attorney 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 outside of this process sham not be binding. We recommend that the Planning Director maintain a record of written interpretations related to the text of the UDC in a forma! notebook for several reasons. First,they can be referred to when making future interpretations to ensure consistency in the application of the code; and second, they can be used as a road map inidentifying provisions that might need future amendments. See page 2-6 of the diagnosis for more details on this p Appeal This subsecfion will carry forward the portion of the provisions related to appeals of administrative decisions and decisions from other decision-maki ng bodies that are considered by the Board of Adjustment(BOA). This section will clarify the right of appeal by persons affected by decisions of staff and reviewing bodies. It will govern the procedure for appeals to the BSA, and clarify the procedure for appeals from decisions by review bodies, and the associated firneframes and limitations specified by the General Statutes associated w+th appeals to the Sup e�ior court of grange County. Vested R*Ights Determination This section will include provisions as specified under the North Carolina General Statutes. The section will clarify that the Town Board of Commissioners is the decision--making body responsible for review and consideration of vested rights applications,following review and reeommend o by the Planning.Board. The section will set out the requirements far vesting, the effect of a vested site specific development plan or preliminary plat,and procedures addressing the revocation or expiration of a vested right Beneficial Use Determi*nati*on fiver the last decade a growing number of local governments have included a procedure in their hand use regulations that allows any landowner who believes the application of the regulations results in a"taking" of their property to seek administrative relief from the local eluted body. This procedure is called a beneficial use determination. Hillsborough,North Carolina Page 10 Unified Development ordinance I Draft Annotated Outline November,2009