Application No. ___________ Form 1
TOWN OF KILL DEVIL HILLS
STATE OF NORTH CAROLINA
APPEAL FROM AN ACTION OF THE ZONING ADMINISTRATOR
and/or PETITION FOR AN INTERPRETATION OF THE ZONING
ORDINANCE and/or
APPLICATION FOR A VARIANCE
Month Day Year
TO THE KILL DEVIL HILLS BOARD OF ADJUSTMENT:
I, __________________________________________, hereby appeal to the Board of Adjustment from the following adverse decision of a Zoning Administrator of the Planning Department:
This adverse decision was made with respect to property described in the attached form entitled "Application for a Hearing."
I, __________________________________________, hereby request an interpretation of:
( ) the zoning map
( ) the following section(s) of the text of the ordinance:
insofar as the map and/or the ordinance relates to the use of the property described in the attached form entitled "Application for a Hearing."
STATEMENT BY APPELLANT: (In the space provided below, or on the back of this form, present your interpretation of the ordinance provisions in question and state what reasons you have for believing that your interpretation is the correct one. In addition, state what facts you are prepared to prove to the board of adjustment that should lead the board to conclude that the decision of the zoning administrator was erroneous.)
STATEMENT BY THE PLANNING DEPARTMENT STAFF:
(1) Staff believes that the ordinance sections in question should be interpreted as follows:
(2) The reasons for the above stated interpretation are as follows:
(3) Based upon this interpretation of the ordinance, Appellant was denied a permit. For the following reasons, based upon the following facts which Staff is prepared to demonstrate to the Board of Adjustment, the decision of the Zoning Administrator should be upheld:
I certify that all of the information presented by me in this application is accurate to the best of my knowledge, information and belief.
Signature of Applicant
See Attachments
(Am. Ord. 18-4, passed 6-14-21)
Form 2
TOWN OF KILL DEVIL HILLS
STATE OF NORTH CAROLINA
ORDER INTERPRETING THE ZONING ORDINANCE
The Board of Adjustment for the town of Kill Devil Hills, having held a public hearing on ______________ to consider application number ________ submitted by
a request for an interpretation of (the zoning map) (Section(s) ________ of the zoning ordinance) insofar as the map and/or the ordinance affect the use of the property located at and
having heard all of the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS:
1. There was substantial evidence in the record to show the following FACTS:
2. (a) The resolution of this case depends solely upon an interpretation of the ordinance language, without regard to the particular facts of this case. Therefore, it is the Board of Adjustment's CONCLUSION that the following section or provisions of the ordinance shall in this case and hereafter be interpreted as follows:
or
(b) The resolution of this case depends upon an interpretation of words or phrases in the ordinance that can only be interpreted in the light of a particular factual context. Consequently, for purposes of this case only, and for the following reasons, it is the board of adjustment's CONCLUSION that the ordinance language in question shall be interpreted in the following manner:
The following facts and conclusions are set forth on an attached sheet to this order identified as:
THEREFORE, IT IS ORDERED that the decision of the Zoning Administrator is hereby
( ) Affirmed
( ) Reversed
( ) Modified as follows:
In addition, IT IS FURTHER ORDERED that the following action be taken:
Ordered this ____ day of ____________, 20___ .
Chairman
Secretary
NOTE:If you are dissatisfied with the decision of this Board, an appeal may be taken to the Superior Court of Dare County within thirty (30) days from after a written copy of the decision is mailed to him in accordance with the Rules of Civil Procedure. See Section 153.327 of the Kill Devil Hills Town Code.
(Am. Ord. 18-4, passed 6-14-21)
Application No. ___________ Form 3
TOWN OF KILL DEVIL HILLS
STATE OF NORTH CAROLINA
APPLICATION FOR A VARIANCE
Month Day Year
TO THE KILL DEVIL HILLS BOARD OF ADJUSTMENT:
I/we ___________________________________________, hereby petition the Board of Adjustment for a variance from the literal provisions of the Kill Devil Hills zoning ordinance because, under the interpretation given to me by the Zoning Administrator, I am prohibited from using the parcel of land described in the attached form ("Application for a Hearing") in a manner shown by the site plan attached to that form. I request a variance from the following provisions of the ordinance (cite paragraph numbers):
so that the above mentioned property can be used in a manner indicated by the site plan attached to the "Application for a Hearing" form, or if the site plan does not adequately reveal the nature of the variance, as more fully described herein (if variance is requested for limited time only specify duration requested):
FACTORS RELEVANT TO THE ISSUANCE OF A VARIANCE:
The Board of Adjustment does not have unlimited discretion in deciding whether to grant a variance. Under the state enabling act, the Board of Adjustment is required to reach three (3) conclusions as a prerequisite to the issuance of a variance: (a) that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the ordinance, (b) that the variance is in harmony with the general purposes and intent of the ordinances and preserves its spirit, and (c) that in granting of the variance the public safety and welfare have been assured and substantial justice has been done. In the spaces provided below, indicate the facts that you intend to show and the arguments that you intend to make to convince the board of adjustment that it can properly reach these three (3) required conclusions.
A. THERE ARE PRACTICAL DIFFICULTIES OR UNNECESSARY HARDSHIPS IN THE WAY OF CARRYING OUT THE STRICT LETTER OF THE ORDINANCE. The courts have developed three (3) rules to determine whether in a particular situation "practical difficulties or unnecessary hardships" exist. State facts and arguments in support of each of the following:
(1) If he complies with the provisions of the ordinance, the property owner can secure no reasonable return from, or make no reasonable use of, his property. (It is not sufficient that failure to grant the variance simply makes the property less valuable.)
Staff comment:
(2) The hardship of which the applicant complains results from unique circumstances related to the Applicant's land. (Note: hardships suffered by the applicant in common with his neighbors do not justify a variance. Also, unique personal or family hardships are irrelevant since a variance, if granted, runs with the land.)
Staff comment:
(3) The hardship is not the result of the Applicant's own actions.
Staff comment:
B. THE VARIANCE IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE ORDINANCE AND PRESERVES ITS SPIRIT. (State facts and arguments to show that the variance requested represents the least possible deviation from the letter of the ordinance that will allow a reasonable use of the land and that the use of the property, if the variance is granted, will not substantially detract from the character of the neighborhood.)
Staff comment:
C. THE GRANTING OF THE VARIANCE SECURES THE PUBLIC SAFETY AND WELFARE AND DOES SUBSTANTIAL JUSTICE. (State facts and arguments to show that, on balance, if the variance is denied, the benefit to the public will be substantially outweighed by the harm suffered by the applicant.)
Staff comment:
Date:______________
Signature of Applicant
Attach any additional information necessary for a proper consideration of this application.
(Am. Ord. 18-4, passed 6-14-21)
Form 4
TOWN OF KILL DEVIL HILLS
STATE OF NORTH CAROLINA
ORDER GRANTING/DENYING A VARIANCE
The Board of Adjustment for the town of Kill Devil Hills, having held a public hearing on _________ to consider application number ________, submitted by
a request for a VARIANCE to use the property located at:
in a manner not permissible under the literal terms of the ordinance, and having heard all of the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS.
1. It is the Board of Adjustment's CONCLUSION that, if the Applicant complies with the literal terms of the ordinance, specifically section(s) ________, he (can/cannot) secure a reasonable return from, or make reasonable use of, his property. This conclusion is based on the following FINDINGS OF FACTS:
2. It is the Board of Adjustment's CONCLUSION that the hardship of which the applicant complains (results/does not result) from unique circumstances related to the applicant's land. This conclusion is based on the following FINDINGS OF FACT:
3. It is the Board of Adjustment's CONCLUSION that the hardship is not the result of the Applicant's own actions. This conclusion is based on the following FINDINGS OF FACT:
4. It is the Board of Adjustment's CONCLUSION that, if granted, the variance (will/will not) be in harmony with the general purpose and intent of the ordinance and (will/will not) preserve its spirit. This conclusion is based upon all of the FINDINGS OF FACT listed above, as well as the following:
5. It is the Board of Adjustment's CONCLUSION that, if granted, the variance (will/will not) secure the public safety welfare and (will/will not) do substantial justice. This conclusion is based upon all of the FINDINGS OF FACTS listed above, as well as the following:
THEREFORE, based upon all of the foregoing, IT IS ORDERED that the application for a variance be (GRANTED/DENIED), subject to the following conditions:
Ordered this ______ day of _______________ , 20_______ .
Chairman
Secretary
NOTE: If you are dissatisfied with the decision of this Board, an appeal may be taken to the Superior Court of Dare County within thirty (30) days from the date of the filing of the order or the date of delivery of the order to the applicant whichever is later. See Section 153.327 of the Kill Devil Hills Town Code.
(Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)