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Article 2: Procedures 86 <br /> Section 2.10:Variances <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 /> SECTION1 <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 unnecessary <br /> hardships upon the subject property. <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 /> (2) A description of the specific modification sought by the applicant. For example, if <br /> the request is for a modification of a corner lot setback requirement, the applicant <br /> shall provide the exact reduction of the established corner lot setback requested <br /> as part of the application, <br /> (3) A plot plan, site plan, or other similar document(s) denoting the physical impact <br /> of the proposed request on the parcel, <br /> (4) A narrative outlining the answers to the five required findings detailed within <br /> Section 2.10.431 of the Ordinance justifying the issuance of the variance, and <br /> (5) Copies of any additional information deemed essential by the applicant justifying <br /> the approval of the request. <br /> 2.10.3 Burden of Proof <br /> Applicants shall have the burden of establishing by competent material and substantial evidence, <br /> in the form of testimony, exhibits, documents, models, plans, and other materials, that the <br /> application meets the requirements for approval of a Variance.2 Further, the applicant shall <br /> have the burden of persuasion on those issues. 3 <br /> i Updating of Section reference, recommended unanimously by Planning Board at its March 20, 2019 meeting. <br /> z At its March 20,2019 meeting,the Planning Board indicated they had no concerns with this language. <br /> 3 The Red Underlined Bold Yellow Highlighted language, as approved by the County Attorney,was added to <br /> addresses the legal sufficiency of the UDO,spelling out an applicant's responsibility relating to a variance request. <br /> At its March 20,2019 meeting,the Planning Board voted 7 to 1 to recommend approval of the UDO amendment <br /> package with the highlighted language eliminated. Staff, as well as the County Attorney, recommends the <br /> language remain and the BOCC approve the packet as presented. <br /> Orange County, North Carolina—Unified Development Ordinance Page 2-36 <br />