(A) General. 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 Planning Board 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. No variance shall be issued to alter the procedures of review as set forth herein. The Planning Board shall not approve variances without a four out of five (80%) vote of the Planning Board for each finding as indicated below by divisions (A)(1), (A)(2), (A)(3), and (A)(4) below. Final approval of a variance must be by an 80% vote of the Planning Board. The Planning Board shall not approve variances unless it 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 this 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;
(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.
(B) Conditions. In approving variances, the Planning Board may require such conditions as shall, in its judgment, secure substantially the objectives of the standards or requirements of this chapter.
(C) Procedures. A petition for any such variance shall be submitted in writing by the subdivider to the Planning Board for review. The petition shall state fully the grounds for the application and all the facts relied upon by the petitioner. No preliminary or final plat shall be approved until any questions of variance to this chapter have been resolved. 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.
(D) Time applicability. Any variance granted under the terms of this chapter shall expire 12 months from the date on which the variance was granted, in the event the plat has not been recorded.
(E) Appeal.
(1) A disapproval of a final plat by the Planning Board or a decision by the Planning Board may be appealed to the Board of Aldermen by the subdivider of the plat within 30 days of the final decision, citing the grounds appealed from, at the office of the Town Clerk with a copy of the appeal sent to the Town Planning Board at least five working days before the next regularly scheduled meeting of the Board of Aldermen. 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. §
(2) Any decision made by the Board of Aldermen shall be in accordance with G.S. § 160D-406(j).
(F) Grandfathering.
(1) Any plat for which preliminary plat approval was granted under the former Major Subdivision Ordinance shall have 12 months from the date of that preliminary plat approval to be recorded.
(2) If not recorded within that 12-month period, the land involved must be developed in accordance with this chapter.
(Ord. passed 4-8-2013; Ord. passed 5-11-2021)