Orange County NC Website
Article 2 : Procedures <br /> Section 2 . 23 : Day Care Center in a Residence reasonable accomodation <br /> 2 . 22,Z Application Approval <br /> 00 <br /> ( A If the application is approved , either with or without conditions , the Plan g Director shall <br /> end the applicant a permit letter informing him / her of the approval of the <br /> re ' ements of the Ordinance that apply to the home occupatio . <br /> ( B ) The per ' etter must be signed by the applicant to indica is/ her willingness to operate <br /> the home occ ation in conformance with the require nts and conditions set forth in the <br /> permit letter . <br /> ( C ) Each permit letter shall kept on file by th anning Director and shall constitute the <br /> Home Occupation Permit fo e particu use in question . <br /> ( D ) The home occupation may be op ed by the applicant as long as it is operated in <br /> conformance with the require nts an onditions set forth in the permit letter . <br /> 2 . 22 . 4 Application Denial <br /> If the application is de d , the Planning Director shall notify applicant of the denial and shall <br /> state the reasons denial in writing . <br /> 2 . 22 . 5 Appeals <br /> Th pplicant may appeal the decision of the Planning Director to the Board of A stment as set <br /> rth in Section 2 . 27 . <br /> SECTION <br /> 2MA Purpose <br /> This section provides a procedure for making requests for reasonable accommodation to land <br /> use and zoning regulations , policies , practices . and procedures of the County to comply fully with <br /> the intent and purpose of federal laws . <br /> 2 . 23 . 2 Applicability <br /> ( A) This section shall apply to those persons who are defined as disabled or handicapped <br /> under federal law . A person recovering from substance abuse is considered a person with <br /> a disability or handicap : however , a person who is currently engaging in the illegal use of <br /> controlled substances is not . <br /> ( B ) A request for a reasonable accommodation may be made by any person with a disability <br /> or handicap , his or her legal representative , or a provider of housing for persons with <br /> disabilities or handicaps when the application of the county ' s land use regulations may act <br /> as a barrier to affording such person ( s ) equal opportunity to use and enjoy a dwelling in <br /> accordance with the law . <br /> ( C ) A request for a reasonable accommodation may include a modification or exception to the <br /> rules , standards , and /or practices for the siting , development , and use of housing or <br /> housing - related facilities in this Ordinance , that would eliminate regulatory barriers and <br /> 9 After conferring with the County' s Attorney office , regulations governing the review/approval of a daycare have <br /> been moved to Article 5 . Land use standards - do not belong in a section intended to identify development review <br /> processes . This section is being re- purposed to address a concern from the Attorney over making reasonable <br /> accommodation for persons who meet Federal definition ( s ) of being disabled or handicapped . <br /> 10 Per applicable State and Federal Law, local governments are required to make reasonable accommodation to <br /> land use regulations/ policies to accommodate disabled or handicapped persons . The County' s Attorney office is <br /> recommending we adopt and implement a new procedure to ensure legal compliance with this requirement . The <br /> provisions have been modeled on surrounding municipalities/counties who have already addressed this issue . <br /> Orange County, North Carolina — Unified Development Ordinance Page 2 -71 <br />