(A) When unnecessary hardships would result from carrying out the strict letter of the Zoning Ordinance, the Board shall vary any of the provisions of the ordinance, 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 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, being 42 U.S.C. §§ 3601 et seq., for a person with a disability;
(3) The hardship did not result from actions taken by the applicant or 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; and
(4) 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.
(B) No change in permitted uses may be authorized by a 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.
(C) In granting the variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable in furtherance of the purpose of this ordinance.
(D) Minor modifications that do not require a variance by the Board of Adjustment and are permitted by the Planning Department Director or designee are as follows: when a lot of record as defined in § 3.4 of this ordinance with an existing structure constructed prior to the adoption of this ordinance is subdivided that creates new lots that meet the minimum lot size requirements, but the lot with the existing structure meets the minimum lot size and not all of the setbacks. Appeals shall follow § 15.6 of this ordinance.
(E) All decisions rendered by the Board of Adjustment regarding variances (approved and denied cases) will be filed in the Gaston County Register of Deeds via a prepared order developed by city staff. The city will be responsible for recording these orders and will charge a fee that is equal to the fee charged by the Gaston County Register of Deeds to record deeds and other real estate documents, which will be added to the application fee associated with variances, and which will be paid by the applicant upon submittal.
(Ord. passed 5-13-1996; Ord. passed 6-10-2024)