§ 156.167  VARIANCES.
   (A)   When unnecessary hardships would result from carrying out the strict letter of this chapter, the Board of Adjustment shall hold an evidentiary public hearing to grant a variance from any of the provisions of this chapter relating to the construction or alteration of buildings or structures of the use of land, so that the requested variance is consistent with the spirit, purpose and intent of this chapter, such that public safety is secured, and substantial justice is achieved. This shall be done upon a showing of all of the following:
      (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. However, a variance may be granted when necessary and appropriate to 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. 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 ordinance that regulates land use or development may provide for variances consistent with the provisions of this section.
   (B)   The public hearing shall be held as advertised.  Any party may appear in person or be represented by agent or by attorney;
   (C)   The Board of Adjustment shall make findings that the requirements of division (A) above have been met by the applicant for a variance;
   (D)   The Board of Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure; and
   (E)   The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.  Violation of these conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under § 156.999.
   (F)   Subsequent to approval, all variance orders shall be recorded by the property owner in the office of the Dare County Register of Deeds.  A copy of the recorded variance order shall be provided to the Director of Community Development within 60 days of the approval date by the Board of Adjustment.
(Ord. 04-21, passed 10-6-2004, § 66; Am. Ord. 06-09, passed 9-6-2006; Am. Ord. 13-02, passed 4-3-2013; Am. Ord. 13-05, passed 11-6-2013; Am. Ord. 21-01, passed 6-2-2021)