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ORD-2014-010 Correction to Ordinance 2014-001 Board of Adjustment Operations and Procedures
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ORD-2014-010 Correction to Ordinance 2014-001 Board of Adjustment Operations and Procedures
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Last modified
3/13/2019 9:49:39 AM
Creation date
6/4/2014 8:47:09 AM
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BOCC
Date
3/6/2014
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
6f`
Document Relationships
Agenda - 03-06-2014 - 6f
(Linked To)
Path:
\Board of County Commissioners\BOCC Agendas\2010's\2014\Agenda - 03-06-2014 - Regular Mtg.
Minutes 03-06-2014
(Attachment)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2014
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(B) <br />(C) <br />(D) <br />(E) <br />(F) <br />Article 2: Procedures 11 <br />Section 2.10: Variances <br />(c) The hardship is due to the physical nature of the applicant's property, <br />such as its size, shape, or topography, which is different from that of <br />neighboring property. <br />(d) The applicant did not cause the hardship by knowingly or unknowingly <br />violating the stream buffer requirements. <br />(e) The applicant did not purchase the property after the effective date of the <br />stream buffer requirements, and then request a variance. <br />(f) The hardship is unique to the applicant's property, rather than the result <br />of conditions that are widespread. <br />(i) If other properties are equally subject to the hardship created in <br />the restriction, then granting a variance would be a special <br />privilege denied to others, and would not promote equal justice. <br />(g) The variance is in harmony with the general purpose and intent of the <br />State's riparian buffer protection requirements and preserves its spirit; <br />and <br />(h) In granting the variance, the public safety and welfare have been <br />assured, water quality has been protected, and substantial justice has <br />been done. <br />If the Erosion Control Officer determines that a variance request meets the requirements <br />in (A) above, then he /she shall prepare a preliminary finding and submit it to the State's <br />Environmental Management Commission. <br />Preliminary findings on variance requests sent to the State's Environmental Management <br />Commission shall be reviewed by said Commission within 90 days after receipt by the <br />Director of the Environmental Management Commission. <br />The purpose of the State Environmental Management Commission's review is to <br />determine if it agrees with the Erosion Control Officer's findings regarding whether that <br />the requirements in subsection (A) have been met. <br />The following actions shall be taken depending on the State Environmental Management <br />Commission's decision on the variance request: <br />(a) Upon the State Environmental Management Commission's approval, the <br />Erosion Control Officer shall issue a final decision granting the variance. <br />(b) Upon the State Environmental Management Commission's approval with <br />conditions or stipulations, the Erosion Control Officer shall issue a final <br />decision, which includes these conditions or stipulations. <br />(c) Upon the State Environmental Management Commission's denial, the <br />Erosion Control Officer shall issue a final decision denying the variance. <br />Requests for appeals of determinations made by the State's Environmental Management <br />Commission that the requirements of subsection (A) have not been met shall be made to <br />the State's Office of Administrative Hearings. <br />2.10.7 Unauthorized Variances <br />(A) Other than stream buffer variances outside of the first 50 -feet from the centerline of a <br />stream, the Board of Adjustment is not authorized to grant variances to any of the <br />standards of: <br />(1) Article 7 - Subdivision Design and Improvements, <br />(2) Section 6.15 - Erosion and Sedimentation Control, <br />(3) Section 6.14 - Stormwater Management, and <br />(4) Section 6.16 - Environmental Impact Reports <br />Orange County, North Carolina — Unified Development Ordinance Page 2 -35 <br />
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