ORD-2019-015 UDO amendment Permitted Uses Table

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Article 2 : Procedures Section 2 . 10 : Variances 2 . 10.32 . 10 . 4 Authorized Variances riance may be approved by the Board of Adjustment in cases where unnecessaryhoeptrdships woul ult from carrying out the strict letter of the Ordinance , when substantial ence in the official reco of the application supports all of the following findings . ( A) Unnecessa ardship would result from the strict applicatio the Ordinance . It shall not be necessary to onstrate that , in the absence of t ariance , no reasonable use can be made of the proper ( B ) The hardship results from con ' ' ns tha e peculiar to the property , such as location , size , or topography . Hardships res g from personal circumstances , as well as hardships resulting from cond ' ' s that common to the neighborhood or general public , may not be the b for granting a var ce . ( C) The hardship di t result from actions taken by the licant or the property owner . The act of purc ing property with knowledge that circumstanc exist that may justify the grant ' of a variance shall not be regarded as a self - created ha hip . ( D ) he requested variance is consistent with the spirit , purpose , and intent e Ordinance , such that public safety is secured and substantial justice is achieved . 2 . 10 . 42 , 10 . 5 Additional Criteria for Authorized Variances — Special Flood Hazard Areas In addition to the criteria contained within Section 2 . 10 . 434 , any application for a variance from the flood regulations shall abide by the following additional criteria : Variances may be issued for the repair or rehabilitation of historic structures u on the determination that the proposed repair or rehabilitation will not preclude the ructure ' s ontinued designation as a historic structure and the variance is the mini um necessary to eserve the historic character and design of the structure . ( B ) In cons ring variances from the requirements of the flood regul ons , the Board of Adjustmen hall consider all technical evaluations , all relevan actors , all standards specified in of r sections of this Ordinance , and : ( 1 ) The clang e hat materials may be swept onto her lands to the injury of others ; (2) The danger to li and property due to flo ing or erosion damage ; (3) The susceptibility of proposed fa ' ty and its contents to flood damage and the effect of such damag on the i ividual owner ; (4) The importance of the service rovided by the proposed facility to Orange County ; (5) The necessity to the f ity of a wate t location , where applicable ; ( 6) The availability of ternative locations , not s ect to flooding or erosion damage , for th roposed use ; (7) The comp ility of the proposed use with existing a anticipated development ; (8) The r tionship of the proposed use to the Orange Count omprehensive Plan an oodplain management program for the area ; ( 9 ) he safety of access to the property in times of flood for ordinary a emergency vehicles ; 0) The expected heights , velocity, duration , rate of rise , and sediment transpor f the flood waters and the effects of wave action , if applicable , expected at the site ; 4 Updating of Section reference . The Planning Board recommended approval of the change unanimously at its March 20 , 2019 special meeting Orange County, North Carolina — Unified Development Ordinance Page 2 -37