§ 58-234. Variance application procedure.

The following regulations apply to all applications submitted to the board of adjustment:

(1)

Before a petition for an interpretation, appeal, or variance shall be considered, a completed application of a form provided by the town, accompanied by a fee (as established by the town council), shall be submitted to the zoning administrator. No application shall be considered complete or processed by the zoning administrator unless accompanied by said fee; provided, however, that the fee shall be waived for any petition initiated by the zoning administrator. The application shall contain the name, address and telephone number of the applicant, and property owner (if different from applicant), and a description of the subject property with reference to the deed book and page. The application shall also contain a list of names and addresses of adjoining and contiguous property owners on all sides and across any street and public right-of-way from the subject property. This information shall be based upon the current year Union County and Mecklenburg County tax records. The application shall be accompanied by a map clearly showing the subject property and all contiguous property on either side and all property across any street or public right-of-way from the subject property.

(2)

The filing of any application stays all proceedings unless the zoning administrator certifies to the board of adjustment that a stay in his opinion will cause imminent peril to life or property, or that because the violation charged is transitory in nature a stay would seriously interfere with enforcement of this chapter. In that event, proceedings shall not be stayed, except by a restraining order, which may be granted by the board of adjustment, or by a court of record, on application, on notice to the zoning administrator, and on due cause shown.

(3)

The board of adjustment shall hold a hearing on all complete applications no later than 40 days after the application has been filed with the zoning administrator unless consented to by the applicant.

(4)

Before the board of adjustment holds a public hearing with regards to a variance, the board of adjustment shall give notice of the public hearing by sending notices by first class mail to the person or entity whose appeal is the subject of the hearing; to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing; to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing; and to any other persons entitled to receive notice as provided by the zoning ordinance. In the absence of evidence to the contrary, the town may rely on the county tax listing to determine owners of property entitled to mailed notice. The notice must be deposited in the mail at least ten days, but not more than 25 days, prior to the date of the hearing. Within that same time period, the town shall also prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway right-of way.

(5)

A written application for a variance must also demonstrate in detail, the following:

a.

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district.

b.

That a literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.

c.

That said circumstances do not result from the actions of the applicant.

d.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district.

e.

That no nonconforming use of neighboring land, structures or buildings in the same district and no permitted use of land, structures or buildings in other districts will be considered grounds for the issuance of a variance.

(6)

In all matters before the board of adjustment, the applicant shall have the burden of providing substantial, competent and material evidence in support of the application.

(7)

Subsequent to the issuance of a zoning permit and construction of a building or structure, the board of adjustment shall have no authority to issue a variance for a waiver of a setback or bulk requirement for a building or structure if the applicant had not first submitted a foundation survey, in accordance with subsection 58-208(8), subsequent to the construction of the foundation and prior to the application for a certificate of compliance. Applicants may still apply for such variance prior to commencement of any construction without meeting the foundation survey requirement.

(Ord. No. O-2010-08, 6-14-2010; Ord. No. O-2014-10, 10-13-2014; O-2016-09, 7-18-2016)