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

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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 In 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 (based on recently-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 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 site. It is intended 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 that allows the Planning Board to consider request to deviate from numerical standards by up to 25 percent outside the hardship requirements of the variance. This is suggested as a way to accommodate redevelopment and development on less desirable infill sites. In either scenario,approval of an administrative adjustment may only be done in accordance with clearly specified criteria and only for the purpose of establishing development that is superior than would otherwise result from a strict application 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 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 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 assistance 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 shall not be binding. We recommend that the Planning Director maintain a record of written interpretations related to the text of the UDO in a formal 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 in identifying provisions that might need future amendments. See page 2-6 of the diagnosis for more details on this procedure. Appeal This subsection will carry forward the portion of the provisions related to appeals of administrative decisions and decisions from other decision-making 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 BOA, and clarify the procedure for appeals from decisions by review bodies, and the associated timeframes and limitations specified by the General Statutes associated with appeals to the Superior Court of Orange County. Vested Rights 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 recommendation by the Planning Board. The section will set out the requirements for 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 Determination Over the last decade a growing number of local governments have included a procedure in their land 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 elected body. This procedure is called a beneficial use determination. Hillsborough,North Carolina Page 10 Unified Development Ordinance I Draft Annotated Outline November,2009