Orange County NC Website
Article 2 : Procedures <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 /> ' SECTION1VARIANCES <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 documents ) 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 . 441 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 . �ther , t a ant shall <br /> have the burden of nersL asion on those issi yes <br /> 1 Updating of Section reference , recommended unanimously by Planning Board at its March 20, 2019 meeting . <br /> 2 At its March 20, 2019 meeting, the Planning Board indicated they had no concerns with this language . <br /> ' The RPd " '^ a ^ " laRPd Q ^ I .d Ctr ; Leal, r91:1 .. I, V ., II .,. . , ; ., 6. I4fl4f .,4 language was eliminated by unanimous vote of the <br /> BOCC at its April 16 , 2019 meeting . This was done before approval of the amendment package . <br /> Orange County, North Carolina — Unified Development Ordinance Page 2 -36 <br />