(A) Where, because extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or purposes, and where these regulations may be served to a greater extent by an alternative proposal, the town’s Board of Adjustments may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that such variance shall not have the effect of nullifying the intent and purpose of these regulations. The notice of the quasi-judicial evidentiary hearing shall be in accordance with G.S. § 160D-406(b). The hearing shall be conducted in accordance with G.S. § 160D-406.
(B) No variance shall be issued to alter the procedures of review as set forth herein.
(C) The Board of Adjustments shall not approve variances unless the Board shall make findings based upon the evidence presented to it in each specific case that:
(1) Unnecessary hardship would result from the strict application of the chapter. 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 the general public, may not be the basis for granting a variance;
(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 shall not be regarded as a self-created hardship; and
(4) The requested variance is consistent with the spirit, purpose, and intent of this chapter, such that public safety is secured, and substantial justice is achieved.
(Ord. passed 11-8-2010; Ord. passed 5-11-2021)