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Article 2: Procedures 87 <br /> Section 2.10:Variances <br /> 2.10.32.10.4 Authorized Variances <br /> A variance may be approved by the Board of Adjustment in cases where unnecessary hardships <br /> would result from carrying out the strict letter of the Ordinance, when substantial evidence in the <br /> official record of the application supports all of the following findings: <br /> (A) Unnecessary hardship would result from the strict application of the Ordinance. It shall not <br /> be necessary to demonstrate that, in the absence of the variance, no reasonable use can <br /> be made of the property. <br /> (B) The hardship results from conditions that are peculiar to the property, such as location, <br /> size, or topography. Hardships resulting from personal circumstances, as well as <br /> hardships resulting from conditions that are common to the neighborhood or general <br /> public, may not be the basis for granting a variance. <br /> (C) The hardship did not result from actions taken by the applicant or the property owner. The <br /> act of purchasing property with knowledge that circumstances exist that may justify the <br /> granting of a variance shall not be regarded as a self-created hardship. <br /> (D) The requested variance is consistent with the spirit, purpose, and intent of the Ordinance, <br /> such that public safety is secured and substantial justice is achieved. <br /> 2.10.42.10.5 Additional Criteria for Authorized Variances—Special Flood Hazard Areas <br /> In addition to the criteria contained within Section 2.10.434, any application for a variance from <br /> the flood regulations shall abide by the following additional criteria: <br /> (A) Variances may be issued for the repair or rehabilitation of historic structures upon the <br /> determination that the proposed repair or rehabilitation will not preclude the structure's <br /> continued designation as a historic structure and the variance is the minimum necessary <br /> to preserve the historic character and design of the structure. <br /> (B) In considering variances from the requirements of the flood regulations, the Board of <br /> Adjustment shall consider all technical evaluations, all relevant factors, all standards <br /> specified in other sections of this Ordinance, and: <br /> (1) The danger that materials may be swept onto other lands to the injury of others; <br /> (2) The danger to life and property due to flooding or erosion damage; <br /> (3) The susceptibility of the proposed facility and its contents to flood damage and <br /> the effect of such damage on the individual owner; <br /> (4) The importance of the services provided by the proposed facility to Orange <br /> County; <br /> (5) The necessity to the facility of a waterfront location, where applicable; <br /> (6) The availability of alternative locations, not subject to flooding or erosion <br /> damage, for the proposed use; <br /> (7) The compatibility of the proposed use with existing and anticipated development; <br /> (8) The relationship of the proposed use to the Orange County Comprehensive Plan <br /> and floodplain management program for the area; <br /> (9) The safety of access to the property in times of flood for ordinary and emergency <br /> vehicles; <br /> (10) The expected heights, velocity, duration, rate of rise, and sediment transport of <br /> the flood waters and the effects of wave action, if applicable, expected at the site; <br /> 4 Updating of Section reference. The Planning Board recommended approval of the change unanimously at its <br /> March 20, 2019 special meeting <br /> Orange County, North Carolina—Unified Development Ordinance Page 2-37 <br />