Agenda - 05-04-2021; 5-b - Unified Development Ordinance Text Amendments

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Article 2: Procedures 60 Section 2.10:Variances (c) Increase the density or intensity of development, and/or (d) Decrease the off-street parking ratio or reduce the buffer yards provided at the boundary of the site. 2.9.32.9.2 Public Hearing and Notification Requirements-CUD and ran The requirement for a public hearing shall follow the procedures for a Zoning Atlas Amendment in Section 2.8.6. Notice of the public hearing shall follow the procedures in Section 2.8.7. SECTION 2.10. Purpose e procedures of this section authorize the Board of Adjustment to modify or vary reg ations of thi Ordinance when strict compliance with the regulation or standard would result in nnecessary hard ips upon the subject property. 2.10.2 Applicati Requirements (A) A lications for a Variance shall be submitted on forms provid d by the Planning De rtment in accordance with Section 2.2 of this Ordinanc . Ten copies of the applic tion and supporting documentation shall be submit d. (B) Applicati s shall include: (1) The sec ' n reference, and copy of the existing egulatory language, that is the subject of e application, (2) A description the specific modification ught by the applicant. For example, if the request is fo modification of a co er lot setback requirement, the applicant shall provide the a ct reduction of th established corner lot setback requested as part of the applica on, (3) A plot plan, site plan, or ther si ilar document(s) denoting the physical impact of the proposed request o th parcel, (4) A narrative outlining the a w s to the five required findings detailed within Section 2.10.4 of the Or nance ' stifying the issuance of the variance, and (5) Copies of any additio al informatio deemed essential by the applicant justifying the approval of the equest. 2.10.3 Burden of Proof Applicants shall hen of establishing by competent aterial and substantial evidence, in the form of testits, documents, models, plans, an other materials, that the application meets,/ ents for approval of a Variance 2.10.4 Authorized Vari A variance ma e approved by the Board of Adjustment in cases where\circumstances, ary hardships would result om carrying out the strict letter of the Ordinance, when subvidence in the official rec d of the application supports all of the following findings: (A Unnecessary hardship would result from the strict applicationr 'nance. It shall not be necessary to demonstrate that, in the absence ofnc no reasonable use can be made of the property. (B) The hardship results from conditions that are peculiar to the such as location, size, or topography. Hardships resulting from persostances,well as hardships resulting from conditions that are common ighborhood o general public, may not be the basis for granting a variance. Orange County, North Carolina—Unified Development Ordinance Page 2-40