ORC agenda 080118 - Laserfiche WebLink

Browse Search

Article 2: Procedures Section 2.10: Variances Orange County, North Carolina – Unified Development Ordinance Page 2-40 2.9.3 Public Hearing and Notification Requirements – CUD and CZD The requirement for a public hearing shall follow the procedures for a Zoning Atlas Amendment in Section 2.8.6. Notice of the public hearing shall follow the procedures in Section 2.8.7. SECTION 2.10: VARIANCES 2.10.1 Purpose The procedures of this section authorize the Board of Adjustment to modify or vary regulations of this Ordinance when strict compliance with the regulation or standard would result in unnecessary hardships upon the subject property. 2.10.2 Application Requirements (A) Applications for a Variance shall be submitted on forms provided by the Planning Department in accordance with Section 2.2 of this Ordinance. Ten copies of the application and supporting documentation shall be submitted. (B) Applications shall include: (1) The section reference, and copy of the existing regulatory language, that is the subject of the application, (2) A description of the specific modification sought by the applicant. For example, if the request is for a modification of a corner lot setback requirement, the applicant shall provide the exact reduction of the established corner lot setback requested as part of the application, (3) A plot plan, site plan, or other similar document(s) denoting the physical impact of the proposed request on the parcel, (4) A narrative outlining the answers to the five four required findings detailed within Section 2.10.3, and Sections 2.10.4 through 2.10.6 as applicable, of the Ordinance justifying the issuance of the variance, and (5) Copies of any additional information deemed essential by the applicant justifying the approval of the request, and (5)(6) A proposed findings of fact for each of the required findings pursuant to Section 2.10.3. 2.10.3 Authorized Variances A variance may be approved by the Board of Adjustment in cases where unnecessary hardships would result from carrying out the strict letter of the Ordinance, when substantial evidence in the official record of the application supports all of the following findings: (A) Unnecessary hardship would result from the strict application of the Ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. (B) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or general public, may not be the basis for granting a variance. (C) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship. Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Comment [JB31]: In a digital age the copies are unnecessary. By practice staff creates a digital packages which is then printed as needed. Formatted: Indent: Left: 1.5" Comment [JCB32]: I’m not sure where five came from. Section 2.10.3 lists four (A) through (D). Comment [JCB33]: There are additional requirements in these sections for particular variances related to flood zones, watersheds, etc. Formatted: (none) Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" 23