Orange County NC Website
Article 2: Procedures <br /> Section 2.10: Variances <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 2-30 <br /> <br />(G) Effect of Approval <br />(1) Approval of a CZD is binding on the property and the development and use of the <br />subject property shall be governed by the Ordinance requirements applicable to <br />the specific CZD district and all approved conditions. <br />(2) The applicant shall comply with all requirements established in the CZD <br />Ordinance. Only those uses and structures included in the CZD Ordinance and <br />approved site plan shall be allowed on the subject property. <br />(H) Zoning Atlas Designation <br />Following approval of the CZD district by the Board of County Commissioners, the <br />subject property shall be identified on the Zoning Atlas by the appropriate district <br />designation. <br />(I) Alterations to an Approved CZD <br />(1) Except as provided in Section 6.7.2 for MPD-CZ projects, changes to approved <br />plans and conditions of development shall be treated as changes to the zoning <br />atlas and shall be processed as an amendment to such as contained in this <br />Article. <br />(2) The Planning Director may approve minor changes without going through the <br />amendment process. The Planning Director, at his/her discretion, may elect not <br />to allow any proposal as a minor change and will forward the detailed application <br />for changes to the Planning Board and Board of County Commissioners for <br />consideration in accordance with the procedures outlined herein. <br />(3) A minor change is one that will not: <br />(a) Alter the basic relationship of the proposed development to adjacent <br />property, <br />(b) Alter the approved land uses, <br />(c) Increase the density or intensity of development, and/or <br />(d) Decrease the off-street parking ratio or reduce the buffer yards provided <br />at the boundary of the site. <br />2.9.3 Public Hearing and Notification Requirements – CUD and CZD <br />The requirement for a public hearing shall follow the procedures for a Zoning Atlas Amendment in <br />Section 2.8.6. Notice of the public hearing shall follow the procedures in Section 2.8.7. <br />SECTION 2.10: VARIANCES <br />2.10.1 Purpose <br />The procedures of this section authorize the Board of Adjustment to modify or vary regulations of <br />this Ordinance when strict compliance with the regulation or standard would result in practical <br />difficulties or unnecessary hardships upon the subject property.1 <br />2.10.2 Application Requirements <br />(A) Applications for a Variance shall be submitted on forms provided by the Planning <br />Department in accordance with Section 2.2 of this Ordinance. Ten copies of the <br />application and supporting documentation shall be submitted. <br />(B) Applications shall include: <br />(1) The section reference, and copy of the existing regulatory language, that is the <br />subject of the application, <br /> <br />1 Language is recommended for deletion in order to be consistent with recent modificaitons to State law. <br />59