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HomeMy WebLinkAboutVariance Application Page 1 of 6 Variance Application – Updated 3/2017 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 VARIANCE 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. Applicants are requested to review Section 122-1(2) of the Zoning Ordinance and sections relating to the application, and advised to contact Planning Staff with any questions. 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, and also to receive preliminary comments from staff regarding the proposal’s compliance with any applicable development regulations. Step 2: Application Submittal Applications must be received by the Planning and Inspections Department by 5:00 PM on the application deadline date. 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 variance 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 variance shall be approved if the applicant provides substantial evidence that the proposed use will meet the following findings: 1. Unnecessary hardship would result from the strict application of the ordinance. 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. Hardship resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or 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. Page 2 of 6 Variance Application – Updated 3/2017 4. The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved. No change in permitted uses may be authorized by a variance. The Zoning Board of Adjustment may impose appropriate conditions on a variance, provided that the conditions are reasonably related to the variance. A concurring vote of a majority of members of the Board is necessary to grant a variance. 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. Page 3 of 6 Variance Application – Updated 3/2017 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 VARIANCE Application Applicant/Agent Information Property Owner(s) If different than Applicant/Agent Name Owner Name Company Owner Name 2 Address 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 6 Variance Application – Updated 3/2017 PROPOSED VARIANCE NARRATIVE Subject Zoning Regulation, Chapter and Section: ____________________________________________________ In the below space, please provide a narrative of the application. (Additional pages may be attached to the application if necessary) _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ CRITERIA REQUIRED FOR APPROVAL OF A VARIANCE The Zoning Board of Adjustment may grant a variance if it finds that strict application of the ordinance results in an unnecessary hardship for the applicant, and if the variance is consistent with the spirit, purpose, and intent of the ordinance. The applicant must explain, with reference to attached plans (where applicable), how the proposed use meets these required findings (please use additional pages if necessary). 1. Unnecessary hardship would result from strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ Page 5 of 6 Variance Application – Updated 3/2017 2. The hardship results from conditions that are peculiar to the property, such as location, size or topography. Hardship resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or 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 the ordinance, such that public safety is secured, and substantial justice is achieved. ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ Page 6 of 6 Variance Application – Updated 3/2017 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. ACKNOWLEDGEMENT AND SIGNATURES By my signature below, I understand and accept all of the conditions, limitations and obligations of the variance application for which I am applying. I understand that I have the burden of proving why this application meets the require findings necessary for granting a variance. 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. Required Information Applicant Initial Staff Initial 1 Complete Variance application 2 Application fee – $400 3 Site plan or sketch illustrating requested variance 4 1 hard copy of ALL documents For Staff Only Application Comments ________________________________________________________________ ________________________________________________________________