(A) When practical difficulties or unnecessary hardship would result from carrying out the strict letter of a zoning ordinance, the Board of Adjustment shall have the power to vary or modify any of the regulations or provisions of the ordinance so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done. No change in permitted uses may be authorized by variance. Appropriate conditions, which must be reasonably related to the condition or circumstance that gives rise to the need for a variance, may be imposed on any approval issued by the Board. The Board of Adjustment may determine and vary their application in harmony with their general purpose and intent and in accordance with general or specific rules therein contained, provided no change in permitted uses may be authorized by variance.
(B) A variance from the terms of this chapter shall not be granted by the Board of Adjustment unless and until:
(1) A written application for a variance is submitted demonstrating:
(a) There are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations. This shall be construed to mean:
1. If the property owner complies with the provisions of the ordinance, he or she can secure no reasonable return from, nor make reasonable use of his or her property;
2. The hardship results from the application of the requirements of the ordinance;
3. The hardship is suffered by the applicant’s property;
4. The hardship is not the result of the applicant’s own actions; and
5. The hardship is peculiar to the applicant’s property.
(b) That the variance would be in harmony with the general purpose and intent of this chapter and preserves its spirit;
(c) That in granting the variance, the public safety and welfare have been assured and substantial justice has been done; and
(d) That the reasons set forth in the application justify the granting of a variance, and that the variance is the minimum one that will make possible the reasonable use of the land or structure.
(2) Notice of public hearing shall be given as required by state statute for quasi-judicial decision. At the public hearing any party may appear in person or by agent or by attorney;
(3) The Board of Adjustment shall make findings that all requirements have been met for a variance;
(4) The Board of Adjustment shall make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum one that will make possible the reasonable use of the land, building or structure;
(5) The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter and the land use plan, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare;
(6) In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of the conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter; and
(7) Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in the district involved.
(Ord. passed 9-3-1986; Ord. passed 1-1-2006; Ord. passed 5-6-2008) Penalty, see § 156.999
Statutory reference:
Board of Adjustment; special exceptions to the zoning regulations, see G.S.§ 160A-388(d)
Board of Adjustment; zoning; grant of power, see G.S. § 160A-381(b1)