(a) Appeals and variances are quasi-judicial proceedings of the Dare County Board of Adjustment as authorized in Chapter 152 of the Dare County Code of Ordinances. Hearings conducted on appeals and variances are evidentiary hearings and subject to the procedures set forth in Section 22-71. Special use permits are quasi-judicial proceedings of the Dare County Board of Commissioners as set forth in Section 22-70.
(b) Appeals of Administrative Development Decisions and Other Staff Decisions: The Board of Adjustment as established in Chapter 152 of the Dare County Code of Ordinances shall hear and decide appeals on administrative decisions regarding administrative development approvals and enforcement of the zoning regulations and appeals arising out of any other ordinance that regulates land use or development. The provisions of Sections 22-69.1 and 22-70 (quasi-judicial procedures) are applicable to these appeals.
(c) Special Use Permits: The Board of Commissioners shall hear and decide special use permits in accordance with principles, conditions, safeguards, and procedures specified in Section 22-65 of this chapter. Reasonable and appropriate conditions and safeguards may be imposed upon these permits. Where appropriate, such conditions may include requirements that street and utility rights-of-way be dedicated to the public and that provisions be made for recreational space and facilities. Conditions cannot be imposed on the applicant for which Dare County does not have the statutory authority to impose.
(d) Variances: The Board of Adjustment shall hear and decide variances subject to the provisions of G.S. 160D and the provisions set forth in this section. When unnecessary hardships would result from carrying out the strict letter of the Zoning Ordinance, the Board of Adjustment shall vary any of the provisions of the zoning regulation upon a showing of all of the following:
(1) Unnecessary hardship would result from the strict application of the regulation. It shall not be necessary to demonstrate that, in 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. A variance may be granted when necessary and appropriate to a make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability.
(3) The hardship did not result from actions taken by the applicant or 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 regulation, such that public safety is secured, and substantial justice is achieved.
(e) No change in permitted uses may be authorized by variance. Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance. Any other development regulation ordinance that regulates land use or development may be provided for variances consistent with the provisions of this subsection.
(f) A variance shall not be granted to allow a use not permitted by right or special use permit in any zoning district.
(g) The following conditions shall not serve as conditions for granting of a variance:
(1) The non-conforming use of abutting lands, structures, or buildings in the same zoning district that applies to the subject property.
(2) The existence of an approved special use permit for the subject property.
(3) The fact the subject property could be utilized more profitably if a variance was granted or because of a financial hardship of the applicant.
(Ord. passed 6-21-2021)