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May 9, 2022 BOA Agenda Packet
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May 9, 2022 BOA Agenda Packet
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BOCC
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5/9/2022
Meeting Type
Regular Meeting
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Agenda
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5.9.22 BOA Minutes
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Ilk <br /> ORANGE COUNTY PLANNING AND INSPECTIONS <br /> ORANGE COUNTY BOARD OF ADJUSTMENT <br /> NQR'I"H CAROLINA <br /> VARIANCE AND INTERPRETATIONS <br /> FACT SHEET <br /> This fact sheet provides a synopsis of the operation/function of the Board of Adjustment, <br /> what a variance and/or an interpretation request is, and how such requests are <br /> processed. It also covers how a decision on a request is made and how you can <br /> participate. <br /> 1. What is the Board of Adjustment? <br /> The Orange County,Board of Adjustment is a quasi-judicial body responsible <br /> for hearing and deciding on variance requests, appeals of staff decisions, and <br /> acting on special use permit applications. <br /> The Board is composed of 5 regular members and 2 alternates appointed by <br /> the Board of County Commissioners. <br /> 2. What does the term 'quasi-judicial'mean? <br /> There are different types of decisions/processes employed by the County in <br /> the application of land use regulations, which are contained within the Unified <br /> Development Ordinance (UDO). These `decisions' can be grouped into the <br /> following categories: <br /> • ADMINISTRATIVE: Typically made by professional staff covering <br /> day-to-day non-discretionary matters related to the implementation <br /> and enforcement of the UDO including approval/denial of: <br /> ➢ Zoning compliance permits (i.e. permits authorizing <br /> commencement of development activity); <br /> ➢ Site plan applications; <br /> ➢ Flood Development permits; <br /> ➢ Sign permits; <br /> ➢ Etc. <br /> NOTE: Administrative decisions are subject to appeal by an <br /> aggrieved party to the Board of Adjustment for review. <br /> ■ LEGISLATIVE: Governing boards usually make legislative <br /> decisions. This is the most common review process employed by <br /> the County Board of Commissioners (BOCC) and is used to review <br /> multiple development proposals (i.e. zoning atlas amendments, <br /> amendments to the UDO, review/action on subdivision proposals, <br /> etc.). <br /> Decisions are made based on multiple factors including the <br /> proposal's consistency with the adopted Comprehensive Plan, <br /> recommendations made by the Planning Board and staff, comments <br /> received from the public (both for and against a project), as well as <br /> the elected officials' experiences, opinions and judgment. <br />
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