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ORC Agenda Packet - February 2026
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ORC Agenda Packet - February 2026
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2/3/2026 8:10:25 PM
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BOCC
Date
2/4/2026
Meeting Type
Regular Meeting
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Agenda
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Article 2: Procedure? <br /> Section 2.10:Variances <br /> (a) Alter the basic relationship of the proposed development to adjacent <br /> property.-; <br /> (b) Alter the approved land uses., <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; and/or.- <br /> A(e) Alter/modify the sequence of an approved phasing plan.? <br /> 2.9.2 Public Hearing and Notification Requirements <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 /> SECTION1 <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 /> z The intent is to allow for sub-phasing(e.g. 1A& 113) but NOT to allow for making a subsequent phase earlier(e.g. <br /> Phase 5 is now Phase 2),without re-review. <br /> Orange County, North Carolina—Unified Development Ordinance Page 2-32 <br />
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