(A) Where because of topographical or other conditions peculiar to the site, strict adherence to the provisions of the regulations of this chapter would cause an unnecessary hardship, the Village Council may authorize a variancefollowing the procedures and standards included in this section.
(B) Application and fee. Landowners who would like to seek a variance shall complete an application using the form provided by the village, and pay the required fee. Village staff shall then review the application, prepare a staff report, and forward the application and staff report to the Village Council.
(C) Hearing procedures. The Village Council shall hold an evidentiary hearing on each variance request using the quasi-judicial procedures included in § 94.58(C).
(D) Variance standards. The Village Council shall issue a variance 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.
(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.
(E) Voting. A four-fifths vote of the Village Council shall be required in order to issue a variance. For the purposes of this division (E), 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.
(F) No change in use. No change in permitted uses may be authorized by variance.
(G) Variance conditions. Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance.
(Ord., passed 6-2-77; Am. Ord., passed 11-20-85; Am. Ord., passed 6-23-21)