Agenda - 11-14-2017 - D.2 - Unified Development Ordinance (UDO) and Zoning Atlas Amendments

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Article 2: Procedowls Section 2.10:Variances 2.11. Authorized Variances A va ce may be approved by the Board of Adjustment in cases where unnecess. ardships would res rom carrying out the strict letter of the Ordinance, when substan •.. -vidence in the official record o •e application supports all of the following findings: (A) Unnecessary h. • hip would result from the strict appl. . ion of the Ordinance. It shall not be necessary to .:. onstrate that, in the abs-- e of the variance, no reasonable use can be made of the prope (B) The hardship results from conditio••--4 at are peculiar to the property, such as location, size, or topography. Hards • resultin. •m personal circumstances, as well as hardships resulting fro.- onditions that are c• on to the neighborhood or general public, may not •- e basis for granting a varianc-. (C) The ha • ip did not result from actions taken by the appli :•t or the property owner. T.- act of purchasing property with knowledge that circumstanc- -xist that may justify the granting of a variance shall not be regarded as a self-created har.-•... (D) The requested variance is consistent with the spirit, purpose, and intent of the . dinance, such that public safety is secured and substantial justice is achieved. 2.10.4 Additional Criteria for Authorized Variances—Special Flood Hazard Areas District 25 In addition to the criteria contained within Section 2.10.3, any application for a variance from the --- --- -- - _ • -_ ! - - - flood regulations shall abide by the following additional criteria: (A) Variances may be issued for the repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (B) In considering variances from the requirements of the Special Flood Hazard Area Overlay Zoning Dietsctflood regulations, the Board of Adjustment shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this Ordinance, and: (1) The danger that materials may be swept onto other lands to the injury of ► ers; (2) The danger to life and property due to flooding or erosion dama.-; (3) The susceptibility of the proposed facility and its contents e, ood damage and effect of such damage on the individual owner; (4) The imp••ance of the services provided by th- •roposed facility to Orange County; (5) The necessity to the : ility of a w.- -rfront location, where applicable; (6) The availability of alternati —.cations, not subject to flooding or erosion damage, for the prop._-d use; (7) The compatibi • • of the proposed use w • existing and anticipated development; (8) The rel. ••nship of the proposed use to the Ora •- County Comprehensive Plan a • "oodplain management program for the area; (9) The safety of access to the property in times of flood for or. --ry and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise, and sediment tran c•rt of the flood waters and the effects of wave action, if applicable, expected at the -ite; 25 Eliminating references to the'Overlay District'which is being deleted. Orange County, North Carolina—Unified Development Ordinance Page 2-38