Orange County NC Website
~~ <br />(2) The hardship results from application of this Ordinance to the <br />property rather than from other factors such as deed restrictions or <br />other hardship. <br />(3) The hardship is due to the physical nature of the applicant's <br />property, such as its size, shape, or topography, which is different <br />from that of neighboring property. <br />(4) The applicant did not cause the hardship by knowingly or <br />unknowingly violating this Ordinance. <br />(5) The applicant did not purchase the property after ~e-effes#~e <br />°+° °~+'~~~ D••'° July 22, 1997, and then requesting ate-appeal a <br />variance. <br />(6) The hazdship is unique to the applicant's property, rather than <br />the result of conditions that are widespread. If other properties are <br />equally subject to the hardship created in the restriction, then <br />granting a variance would be a special privilege denied to others, <br />and would not promote equal justice. . <br />(7) The variance is in harmony with the general purpose and intent <br />of the State's riparian buffer protection requirements and preserves <br />lt5 5plrlt; and <br />(8) In granting the variance, the public safety and welfare have <br />been assured, water quality has been protected, and substantial <br />justice has been done. <br />2. Minor Variances <br />A minor variance request pertains to activities that are proposed only to impact <br />any portion of Zone 2 of the riparian buffer. Minor variance requests shall be <br />reviewed and approved based on the criteria in Section 4.D.1 by the County <br />pursuant to either G.S. 153A-Article 1$~ G.c_ ,,~n" ^•-*;„r° ~ °. The County <br />may attach conditions to the variance approval that support the purpose, spirit and <br />intent of the riparian buffer protection program. Requests for appeals of decisions <br />made by the County shall be made to the appropriate Board of Adjustment under <br />r ~ ~ tin n goo ,.,. G.S. 153A-345. <br />3. Major Variances <br />A major variance request pertains to activities that are proposed to impact any <br />portion of Zone 1 or any portion of both Zones 1 and 2 of the ripazian buffer. If <br />the County has determined that a major variance request meets the requirements <br />in Section ^~ 4.E.1, then it shall prepaze a preliminary finding and submit it to <br />the ~ Water uali Committee of the Environmental Mana ement <br />Commission. .. . <br />The purpose of the Water ualit Committee's review is to <br />15 <br />