(a) When unnecessary hardships would result from carrying out the strict letter of a zoning ordinance, the board of adjustment may vary any of the provisions of the ordinance in accordance with G.S. 160D-705.
(b) No change in permitted and/or special uses may be authorized by variance.
(c) Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance.
(d) A variance from the dimensional regulations of this chapter may be granted by the board of adjustment if it finds that the following can be determined:
(1) That strict compliance with the regulations would result in an unnecessary hardship;
(2) 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 general public, may not be the basis for granting a variance. 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) That 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;
(5) That the variance will not substantially interfere with or injure the rights of others whose property would be affected by granting of the variance;
(6) That the hardship relates to the applicant’s property, rather resulting from the existence of nonconforming situations in the vicinity; and
(7) That the variance will not result in a violation of the provisions of article X of this chapter by allowing the enlargement, extension, or the greater permanence or intensity of a nonconforming use or feature.
(Ord. of 7-10-2000, § 13.3; Amend. of 12-1- 2014; Amend. of - - )