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Article 2: Procedures <br /> Section 2.23: Day Care Center in a Residence reasonable accomodation <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 2-71 <br /> <br />(D) Nothing in this section requires persons with disabilities or handicaps, or operators of <br />family care homes, or group homes for persons with disabilities, or handicaps acting or <br />operating in accordance with applicable zoning, licensing or land use laws or practices, to <br />seek reasonable accommodation under this section. <br />2.23.3 Other Regulatory Obligations <br />A reasonable accommodation shall not affect an individual's obligations to comply with other <br />applicable regulations not at issue in the requested accommodation. <br />2.23.4 Pre-Application Conference <br />If an individual needs assistance in making the request for reasonable accommodation, the <br />Planning Department will provide assistance to ensure that the process is accessible. Applicants <br />seeking reasonable accommodation may request a pre-application conference with the Planning <br />Director to discuss the procedures, standards, and regulations applicable for submittal of an <br />application. Such requests shall be made at least 10 days prior to the date of submittal. <br />2.23.5 Application Requirements <br />(A) An application for reasonable accommodation shall be submitted in accordance with <br />Section 2.10 and include the following additional information: <br />(1) The current actual use of the property; <br />(2) The basis for the claim that the applicant is considered disabled or handicapped <br />under federal law; <br />(3) The UDO provision(s) or regulation(s) from which reasonable accommodation is <br />being requested; and <br />(4) An explanation of why the reasonable accommodation is necessary to make the <br />specific property available for the individual.\ <br />2.23.6 Review <br />Applications shall be processed in accordance with the provisions of Section(s) 2.10 and 2.12 of <br />this Ordiannce. <br />2.23.7 Action by the Board of Adjustment <br />(A) Each decision shall be accompanied by a written finding of facts by the Board of <br />Adjustment which specifies the reasons for the decision; and <br />(B) The Board of Adjustment may prescribe whether the reasonable accommodation is <br />granted to the applicant or shall be allowed to pass with transfer of property. <br />(C) The Board of Adjustment may approve the request, deny the request, or continue the <br />request. In approving the request, the Board of Adjustment may prescribe reasonable <br />and appropriate conditions provided that the conditions are reasonably related to the <br />request. <br />2.23.8 Findings <br />(A) In granting a reasonable accommodation request, the Board of Adjustment shall find <br />based on competent, material, and substantial evidence, that the proposed <br />accommodation: <br /> <br /> <br /> 5