Appeal Application Page 1 of 5
Variance Application – Updated 10/2017
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina
Telephone (910) 798-7165
FAX (910) 798-7053
planningdevelopment.nhcgov.com
APPEAL
Application
REVIEW PROCESS
Step 1: Pre-Application Conference
In order to assist applicants through the variance process, applicants are highly encouraged to attend a pre-
application conference prior to application submittal. The purpose of the pre-application conference is to
provide the applicant an opportunity to become familiar with the submittal requirements and procedures of the
application.
Step 2: Application Submittal
Applications must be received by the Planning and Inspections Department within 30 days of the date of the
decision or interpretation being appealed. A complete application consists of the items detailed in the submittal
checklist provided in this application.
Step 3: Staff Review
Upon receiving a completed application, staff may distribute it to certain departments and agencies for review.
County Planning staff shall review the application, and prepare a staff report for the Zoning Board of Adjustment.
Step 4: Zoning Board of Adjustment Review and Action
The New Hanover County Zoning Board of Adjustment shall consider the application at a public hearing. Public
hearings for appeal applications are conducted in a quasi-judicial manner and include additional standards
for the testimony and evidence presented during the hearing. The property owner, or their attorney, must be
present for the meeting.
A majority of the Board shall be necessary to reverse or modify the decision or interpretation that was
appealed. The Board’s decision on the application may be appealed to Superior Court within 30 days of the
decision.
An appeal of a notice of violation or other enforcement order stays enforcement action unless it is determined
that a stay would cause imminent peril to life or property, or because the violation is transitory in nature and a
stay would seriously interfere with enforcement of the ordinance. In that case, enforcement proceedings shall
not be stayed except by a restraining order granted by a court of record in New Hanover County. If
enforcement proceedings are not stayed, the appellant my file a request for an expedited hearing of the
appeal, and the Board shall meet within 15 days after such request is filed.
The Planning and Inspections Department shall notify the public of the hearing in accordance with standards of
the Zoning Ordinance. This includes sending mailed notice to nearby residents, posting a sign on the subject
property, and advertising the hearing in a local newspaper.
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Variance Application – Updated 10/2017
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Page 3 of 5
Variance Application – Updated 10/2017
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina
Telephone (910) 798-7165
FAX (910) 798-7053
planningdevelopment.nhcgov.com
APPEAL
Application
Applicant/Agent Information Property Owner(s)
If different than Applicant/Agent
Name
Owner Name
Company
Owner Name 2
Mailing Address
Mailing Address
City, State, Zip
City, State, Zip
Phone
Phone
Email
Email
Subject Property Information
Address/Location
Parcel Identification Number(s)
Total Parcel(s) Acreage
Existing Zoning and Use(s)
Application Tracking Information (Staff Only)
Case Number
Date/Time received: Received by:
Page 4 of 5
Variance Application – Updated 10/2017
APPEAL NARRATIVE
Action being appealed: Decision or Interpretation Notice of Violation
Date of decision/violation being appealed: ____________________________
In the below space, please provide a narrative of the application including any evidence that proves the decision
should be reversed or modified by the Zoning Board of Adjustment. (Additional pages may be attached to the
application if necessary)
_________________________________________________________
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APPLICATION REQUIREMENTS
Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed
items are included and confirm by initialing under “Applicant Initial”. Staff will not process an application for further
review until it is determined to be complete.
Required Information Applicant
Initial
Staff
Initial
1 Complete Appeal application
2 Application fee – $400
3 Any Supporting Documentation
4 1 hard copy of ALL documents. Additional hard copies may be required by staff
depending on the size of the document/site plan.
5 1 PDF digital copy of ALL documents AND plans on a Compact Disk (CD).
Page 5 of 5
Variance Application – Updated 10/2017
ACKNOWLEDGEMENT AND SIGNATURES
By my signature below, I understand and accept all of the conditions, limitations and obligations of the appeal
application for which I am applying. I understand that I have the burden of proving why the decision which is being
appealed should be reversed or modified. I certify that this application is complete and that all information presented
in this application is accurate to the best of my knowledge, information, and belief.
I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf
regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to:
1. Submit an application including all required supplemental information and materials;
2. Appear at public hearings to give representation and commitments; and
3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising
out of this application.
__________________________________________ _______________________________________
Signature of Property Owner(s) Print Name(s)
__________________________________________ _______________________________________
Signature of Applicant/Agent Print Name(s)
NOTE: Form must be signed by the owner(s) of record. If there are multiple property owners a signature is required for each
owner of record.
*The land owner or their attorney must be present for the case at the public hearing.
For Staff Only
Application Comments
________________________________________________________________
________________________________________________________________
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