Orange County NC Website
17 <br /> • QUASI-JUDICIAL: In this process, the board responsible for <br /> rendering a decision acts much like a panel of judges, hearing <br /> factual evidence and sworn testimony. <br /> Decisions on whether a permit request must be issued or not are <br /> based on the competent, substantial, and material evidence <br /> presented by all sworn parties with standing. <br /> NOTE: The Board of Adjustment reviews matters before them in a <br /> quasi-judicial setting. <br /> • ADVISORY: Cover recommendation(s) made by County advisory <br /> boards (i.e. Planning Board, OUTBoard, Commission for the <br /> Environment, etc.) to the BOCC related to the processing of <br /> development applications (i.e. zoning atlas amendments, UDO text <br /> amendments, etc.). <br /> 3. What is a Variance? <br /> Put simply, a variance is an approved deviation from County land use <br /> regulation(s), as contained within the UDO, for a specific parcel of property. <br /> For example: <br /> A property owner wishes to erect a house on their undeveloped parcel <br /> of property. Applicable regulations require structures observe a <br /> setback (i.e. be located a specific distance) from established property <br /> lines. Unfortunately, the owner cannot locate the proposed structure <br /> on the parcel and meet applicable setback requirements. <br /> A 'Variance' is an available tool for a property owner seeking relaxation of <br /> development regulations allowing for development to occur. <br /> 4. When are Variances issued? <br /> Variances are issued in those instances where the Board is able to <br /> determine, based on available evidence, the strict application/interpretation of <br /> land use regulations create an unnecessary hardship on the property owner <br /> preventing or inhibiting their ability to make reasonable use of their property. <br /> In issuing a Variance, Board members are required to determine the request <br /> supports all of the following findings: <br /> (A) Unnecessary hardship would result from the strict application <br /> of the Ordinance. It shall not be necessary to demonstrate <br /> that, in the absence of the variance, no reasonable use can be <br /> made of the property; <br /> (B) The hardship results from conditions that are peculiar to the <br /> property, such as location, size, or topography. Hardships <br /> resulting from personal circumstances, as well as hardships <br /> resulting from conditions that are common to the <br />