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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 2-72 <br /> <br /> <br /> <br />(1) Will be used by an individual or individuals with a disability or handicap protected <br />under federal law; <br />(2) Is "reasonable." An accommodation is reasonable if it will not undermine the <br />legitimate purposes and effects of existing zoning regulations, and if it will not <br />impose significant financial and administrative burdens upon the County and/or <br />constitute a substantial or fundamental alteration of the ordinance provisions; and <br />(3) Is "necessary." An accommodation is necessary if it will provide direct or <br />meaningful therapeutic amelioration of the effects of the particular disability or <br />handicap, and it will afford handicapped or disabled persons equal opportunity to <br />enjoy and use housing in residential districts in the County. <br />(B) The Board of Adjustment shall issue a written order on a request for reasonable <br />accommodation within 60 days of the date of the decision. <br />2.23.9 Appeals <br />Appeals from the findings of the Board of Adjustment shall be processed in accordance with <br />Section 2.26 of this Ordinance. <br />2.23.1 Application Requirements3 <br />(A) An application for a day care center in a residence for 3 to 12 children shall be filed with <br />the Planning Director on forms provided by the Planning Department. <br />(B) Application forms shall be prepared so that when completed a full and accurate <br />description of the proposed use, including its location, appearance, and operational <br />characteristics are disclosed. <br />(C) An application shall include a plot plan that adheres to the requirements of Sections 2.4.3 <br />and 5.8.1. <br />2.23.2 Application Review4 <br />Upon a determination that the application is complete, the Planning Director shall cause a review <br />of the application to be made. The review shall determine if the proposed day care center in a <br />residence for 3 to 12 children conforms with all requirements of this Ordinance. Based on the <br />review, the application will be approved, approved with conditions, or denied. <br />2.23.32.23.10 Conditions of Approval5 <br />(A) If conditions are attached to the approval, they may address deficiencies in meeting <br />specific chapter requirements or they may address specific impacts which result from the <br />operation of the day care center in a residence for 3 to 12 children. <br />(B) If conditions address specific impacts which result from the operation of the home <br />occupation, the conditions may include, but not be limited to the following limitations: <br />3Asareminder,partofthisprojectwastoeliminateunnecessaryandredundantinformation.Theserequirements <br />arealreadyreferencedinSection(s)2.4,2.5,andArticle5.Thisisredundantinformationandisnotbeingincluded <br />withinArticle5. <br />4ThisexistinglanguageisalreadycontainedinnumeroussectionsoftheUDO.Itisredundantinformationand <br />staffisnotbeingrelocatedtoArticle5. <br />5AfterconferringwiththeAttorny,staffisrecommendingdeletingtheentireprovisionandwillnotrecommend <br />movingsametoArticle5.Whilepreviouscomment(s)fromPlanningBoardmembersandelectedofficialscaused <br />ustoreevaluatethisrecommended,staffandtheAttorneybelievethechangeisnecessarytoensurelegal <br />sufficiencyinhowotherconditionsforvariouslandusesarehandled. <br /> 6