(A) The Board of Adjustment may authorize a variance from the zoning regulations of this chapter, such as setbacks and lot dimensions, when, in its opinion, undue hardship may result upon a showing of all of the following:
(1) Unnecessary hardship would result from the strict application of the regulation. It is not 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 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 is not a self-created hardship; and
(4) The requested variance is consistent with the spirit, purpose, and intent of the regulation, such that public safety is secured and substantial justice is achieved.
(5) No change in permitted uses may be authorized by variance. Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance. Any other development regulation that regulates land use or development may provide for variances from the provisions of those ordinances consistent with the provisions of this division.
(B) In considering and granting any request for a variance, the Board of Adjustment shall make findings (A)(1) through (4) stated above as required by G.S. § 160D-705(d), and shall likewise follow all quasi-judicial procedures required in G.S. § 160D-406 concerning notice, materials, presentation of evidence, the conduct of hearings, and voting.
(C) Additional variance requirements. Additional requirements and stipulations for variances may be found in other subchapters of this chapter. It will be the responsibility of the Zoning Administrator to ensure that all variance requirements found in this chapter are strictly followed. Examples include:
(1) Variances to subdivision standards, §§ 154.013;
(2) Variances to floodplain regulations and watershed protection regulations, §§ 154.017; and
(3) Variances for property located within the VR District.
(Ord. passed 4-17-2023)