Orange County NC Website
Article 2 : Procedures <br /> Section 2 . 10 : Variances <br /> ( The following actions shall be taken depending on the State Environme Management <br /> mission ' s decision on the variance request : <br /> ( a Upon the State Environmental Mana nt Commission ' s approval , the <br /> ion Control Officer shall iss final decision granting the variance . <br /> ( b ) Upon the e Enviro ntal Management Commission ' s approval with <br /> conditions or sti ions , the Erosion Control Officer shall issue a final <br /> decision , w inclu e ese conditions or stipulations . <br /> ( c) U the State Environmental ement Commission ' s denial , the <br /> Erosion Control Officer shall issue a fin ecision denying the variance . <br /> ( F) Re sts for appeals of determinations made by the State ' s Envir ental Management <br /> ommission that the requirements of subsection ( A) have not been met I be made to <br /> the State ' s Office of Administrative Hearings . <br /> 2010 , 72810 . 8 Unauthorized Variances <br /> Other than stream buffer variances outside of the first 504eet from the ce terline of a <br /> am , the Board of Adjustment is not authorized to grant varianc any of the <br /> stan a of : <br /> ( 1 ) Article ubdivision Design and Impr ents , <br /> ( 2 ) Section 6 . 15 - Er n and entation Control , <br /> (3 ) Section 6 . 14 - Sto ater ement , and <br /> ( 4) Sectio . - Environmental Impact its <br /> ( B ) The of Adjustment is not authorized to grant a varia that would permit a use in a <br /> rict where that use is neither a Permitted Use nor a Special <br /> 2 . 10 . 82 . 10 . 9 Review Procedures <br /> ulications for a Variance shall be reviewed and acted upon by It and of Adjustment <br /> in accor on the procedures contained in Se ' of this Ordinance . <br /> ( B ) The Planning Director shall c ssessment of the application and provide a <br /> recommendati isposition of the app is <br /> ( e assessment shall be introduced at the hearing and become part o =e6ard: <br /> 2al Osg2 . 10 . 10 Findings of Fact <br /> 16 <br /> ( A) Required findings of fact , as listed in Section 2 . 10 . -4 shall be made in the indicated <br /> order by the Board of Adjustment . <br /> ( d ' ustment is not empowered to Ince without an affirmative <br /> finding of fact supporte n the record of proceedings before the <br /> Board . <br /> 220:1-02 . 10 . 11 Conditions of Approval <br /> Dose a ro riate suc conditions are <br /> reasonabl <br /> 2 , 10112 , 10 . 12 Notice Requirements <br /> 6 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 -41 <br />