Variance Application_05-2021Page 1 of 5
Variance Application – Updated 05-2021
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165
FAX (910) 798-7053
planningdevelopment.nhcgov.com
ZONING & SUBDIVISION VARIANCE APPLICATION
This application form must be completed as part of a request for a zoning and/or subdivision variance. The application
submitted through the county’s online COAST portal. The main procedural steps in the submittal and review of
applications for a variance are outlined in the flowchart below. More specific submittal and review requirements, as
well as the standards to be applied in reviewing the application, are set out in Section 10.3.11 of the Unified
Development Ordinance.
Public
Hearing
Procedures
(Optional)
Pre-Application
Conference
(Optional)
Community
Information
Meeting
1
Application
Submittal &
Acceptance
2
Planning
Director Review
& Staff Report
3
Public Hearing
Scheduling &
Notification
Advisory Body Review & Action
4
Board of
Adjustment
Hearing &
Decision
5
Post-Decision
Limitations and
Actions
1. Applicant and Property Owner Information
Applicant/Agent Name Owner Name (if different from Applicant/Agent)
Company Company/Owner Name 2
Address Address
City, State, Zip City, State, Zip
Phone Phone
Email Email
Page 2 of 5
Variance Application – Updated 05-2021
2. Subject Property Information
Address/Location Parcel Identification Number(s)
Total Parcel(s) Acreage Existing Zoning and Use(s)
3. Proposed Variance Narrative
Subject Zoning Regulation, Chapter and Section
In the space below, please provide a narrative of the application (attach additional pages if necessary).
Page 3 of 5
Variance Application – Updated 05-2021
CRITERIA REQUIRED FOR APPROVAL OF A VARIANCE
The 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 (attach 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.
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 area common
to the neighborhood or general public, may not be the basis for granting a variance.
Page 4 of 5
Variance Application – Updated 05-2021
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 5 of 5
Variance Application – Updated 05-2021
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”. Applications determined to be
incomplete must be corrected in order to be processed for further review.
Application Checklist Applicant Initial
󠄀 This application form, completed and signed
󠄀 Application fee: $400 per application
󠄀 Site plan or sketch illustrating the requested variance
󠄀 One (1) hard copy of ALL documents
󠄀 One (1) PDF copy of ALL documents
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 required 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.
If applicable, 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 comments;
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; and
4. Provide written consent to any and all conditions of approval.
Signature of Property Owner(s) Print Name(s)
Signature of Applicant/Agent Print Name
Note: This 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