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Article 2: Procedures 15 Section 2.10:Variances (a) Alter the basic relationship of the proposed development to adjacent property, (b) Alter the approved land uses, (c) Increase the density or intensity of development, and/or (d) Decrease the off-street parking ratio or reduce the buffer yards provided at the boundary of the site. 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. SECTION1 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 required findings detailed within Section 2.10.3 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. 2.10.3 Burden of Proof Applicants shall have the burden of establishing by competent material and substantial evidence, in the form of testimony, exhibits, documents, models, plans, and other materials, that the application meetings the requirements for approval of a Variance. Further, the applicant shall have the burden of persuasion on those issues. 1 As staff was completing review of the amendment(s)with the Attorney's office,a concern was expressed over the legal sufficiency associated with the burden of proof for applicants of variances, interpretations,and special use permits. The Red Underlined Bold Highlighted language,which was added after the Planning Board package was put together, represents staffs proposal to address this matter and bring the ordinance into legal sufficiency per direction from the County Attorney. Orange County, North Carolina—Unified Development Ordinance Page 2-36