A. Applicability.
1. Where, owing to special conditions, a strict enforcement of the provisions of this UDO would result in unnecessary hardship to the property owner, the Board of Adjustment is authorized to grant variances from standards of this UDO in accordance with the public interest or the spirit of this UDO.
2.
s proposed within a
or regulatory
must also meet the criteria of Flood Mitigation (per Section 3.10.1).
B. Burden of Proof. The applicant seeking the shall have the burden of presenting sufficient evidence to warrant Board approval.
C. Process.
1.
applications shall be submitted to the
for review and determination of completeness. The
shall prepare a written report to be provided to the applicant prior the Board of Adjustment meeting.
2. Public notice shall be provided in accordance with Section 3.4.6.
3. The Board of Adjustment shall hold a public hearing to review the matter. Pursuant to G.S. § 160D-705(d), the Board may grant variances which meet the following findings of fact:
a. Unnecessary hardship would result from the strict application of the regulation. It shall not be necessary to demonstrate that, in the absence of the
, no reasonable
can be made of the property.
b. That 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 public, may not be a basis for granting a
.
c. 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
shall not be regarded as a self-created hardship.
d. The requested
is consistent with the spirit, purpose, and intent of the regulation, such that public safety is secured, and substantial justice is achieved. A
shall be granted when necessary and appropriate to make reasonable accommodation under the Federal Fair Housing Act for a
with a disability.
4. Upon Board review and the public hearing, the Board of Adjustment shall make one of the following determinations:
a. Approval
b. Approval with Conditions or Modifications. Such conditions shall be included in the written decision and shall be deemed to have been consented to by the applicant unless the decision is properly appealed in accordance with G.S. § 160D-406(k).
c. Denial
5. Written Decision. The written decision shall be provided to the applicant.
(Ord. No. 3720, § 2, 12-2-2013; Ord., 3-16-21)