(A) Where strict adherence to the provisions of this chapter would cause an unnecessary hardship, the Board of Adjustment may authorize a variance. Any authorizing of a variance shall not destroy the intent of this chapter. Any authorized variance shall be recorded on the permit.
(B) A request for a variance shall be submitted by the applicant in writing to the Board of Adjustment. The request shall be accompanied by:
(1) Identification of the ordinance provision(s) responsible for the alleged hardship.
(2) The reason for seeking the variance.
(3) Any conditions that are proposed by the applicant to mitigate possible adverse effects of the proposed variance.
(C) All requests from an applicant for a variance shall be made in writing and submitted to the Ashe County Planning Department at least 15 days before the next regularly scheduled meeting of the Ashe County Board of Adjustment. This allows for appropriate public notice of the proposed variance.
(D) The Board of Adjustment may grant a variance upon finding that all of the following conditions exist:
(1) Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
(2) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance.
(3) The hardship did not result from actions taken by the applicant of the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.
(4) The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured and substantial justice is achieved.
(Ord. passed 6-2-97; Am. Ord. passed 4-20-15; Am. Ord. passed 10-19-20; Am. Ord. passed 8-21-23)