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