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Planning Board - 040721
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3/29/2021 12:15:11 PM
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4/7/2021
Meeting Type
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Planning Board minutes - 040721
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Article 2: Procedures 70 <br /> Section 2.10:Variances <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 /> 2.9.32.9.2 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 /> SECTION <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 document(s) 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 2.10.4 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 <br /> 2.10.4 Authorized Variances <br /> A variance may be approved by the Board of Adjustment in cases where unnecessary hardships <br /> would result from carrying out the strict letter of the Ordinance, when substantial evidence in the <br /> official record of the application supports all of the following findings: <br /> (A) Unnecessary hardship would result from the strict application of the Ordinance. It <br /> shall not be necessary to demonstrate that, in the absence of the variance, no <br /> reasonable use can be made of the property. <br /> (B) The hardship results from conditions that are peculiar to the property, such as <br /> location, size, or topography. Hardships resulting from personal circumstances, as <br /> well as hardships resulting from conditions that are common to the neighborhood or <br /> general public, may not be the basis for granting a variance. <br /> Orange County, North Carolina—Unified Development Ordinance Page 2-40 <br />
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