(A) Review of enforcement officers' decision. Where it is alleged that there is any error in any order, decision, or requirements of the Enforcement Officers appointed by the Board of Commissioners, the Board shall have the power to hear and decide any appeal taken from the order, decision or requirements, of the Enforcement Officer(s) and to grant a variance to the appellant to rectify any error of the Enforcement Officer. A concurring vote of four members of the Board shall be required to reverse any order, decision, or determination of the Enforcement Officer or to decide in favor of the applicant any matter which the Board is required to pass under the provisions of this chapter.
(B) Variance.
(1) A variance may be granted to authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done. In considering all proposed variances to this chapter, the Board shall, before making any finding in a specified case, first determine that the proposed variances will not constitute any change in the district boundaries shown on the zoning map and will not impair any adequate supply of light and air to adjacent property, or adversely affect the use or physical attributes of property within the surrounding area, or in any other respect impair the public health, safety, and general welfare.
(2) Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance.
(3) No change in permitted uses may be authorized by variance.
(4) Before a variance is granted, the Board of Adjustment shall make the following findings:
(a) 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.
(b) 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.
(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 variance shall not be regarded as a self-created hardship.
(d) 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) The Board may grant a variance in the dimensional yard requirements of this chapter only where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property which was a lot of record as of the effective date of this chapter, or where due to the topographical conditions of a piece of property the strict application of the said dimensional requirements of this chapter would result in practical difficulties or unnecessary hardship of such nature as described in the preceding paragraph.
(6) The fact that property may be utilized more profitably will not be considered as a justification for granting a variance by the Board.
(7) The concurring vote of four-fifths of the Board of Adjustment shall be necessary to grant a variance. For the purposes of this division, vacant positions on the Board and members who are disqualified from voting on a quasi-judicial matter under G.S. § 160D-109(d) shall not be considered members of the Board for calculation of the requisite majority.
(C) Additional power. In addition to the general powers conferred upon the Board in the foregoing, the Board shall have authority to make the following exception to the general provisions of this chapter:
Where a use district boundary line crosses a lot, the Board, after a public hearing in which it has determined that the spirit and intent of this chapter has been carried out, may permit a use of either classification on the whole lot, but not to exceed a distance of 150 feet from the boundary line. In addition, the remaining parcel shall not be less than the minimum required for the district in which it is located.
(D) Recommendations to Planning Board and Board of Commissioners. The Board shall make recommendations to the Board of Commissioners for any changes in this chapter that are in the best interest of the county and the general public.
(Ord. passed 6-21-2021)