The Mills River Board of Adjustment
authorize a technical variance from these regulations, per § 154.179(B). An application for a variance must be made in conjunction with an application for
approval. In considering a request for a variance, the Mills River Board of Adjustment shall determine that an undue hardship
result from strict compliance with the terms of this chapter. The Board of Adjustment
consider the physical characteristics of the land, adjacent land uses and the intensity of the proposed development. In determining an undue hardship, the Board of Adjustment
consider unique conditions peculiar to the site and design flexibility to preserve and protect the site’s natural features. The variance
constitute the minimum variance necessary to mitigate the hardship and
not violate the intent of this chapter, nor
it constitute a detriment to the health, safety and welfare of other
within and adjacent to the
. Any modifications thus authorized must be entered, in writing, in the minutes of the Mills River Board of Adjustment and on the face of the
In addition, a
decision must be prepared and delivered to the
stating the reasons on which the departure from the terms of the ordinance was justified.
(Ord. passed 3-1-2004; Am. Ord. passed 10-13-2005; Am. Ord. 2022-03, passed 2-10-2022)