|
95
<br /> meet to hear the appeal within 15 days after such a request is filed.
<br /> Notwithstanding the fore _going, appeals of decisions_ granting a permit or
<br /> otherwise affirming that a proposed use of property is consistent with the
<br /> ordinance shall not stay the further review of an application for permits or
<br /> permissions to use such property, in these situations the appellant may
<br /> request and the board may grant a stay of a final decision of permit
<br /> applications or building permits affected by the issue being appealed.
<br /> (77,) Subject to the provisions of subdivision (6) of this subsection, the board of
<br /> adjustment shall hear and decide the meal within a reasonable time.
<br /> The official who made the decision shall be present at the hearing as a
<br /> witness. The appellant shall not be limited at the hearing to matters stated in
<br /> the notice of appeal. If any party or the city would be unduly_prejudiced by
<br /> the presentation of matters not presented in the notice of meal, the board
<br /> shall continue the hearing. The board of adjustment may reverse or affirm,
<br /> wholly or partly, or may modify the decision appealed from and shall make
<br /> any order, requirement, decision, or determination that ought to be made.
<br /> The board shall have all the powers of the official who made the decision.
<br /> (99,) When hearing an meal pursuant to G.S. 160A-400.9(e) or any other meal
<br /> in the nature of certiorari, the hearing shall be based on the record below and
<br /> the scope of review shall be as provided in G.S. 160A-393(k).
<br /> 10 The parties to an meal that has been made under this subsection may agree
<br /> to mediation or other forms of alternative dispute resolution. The ordinance
<br /> may set standards and procedures to facilitate and manage such voluntary
<br /> alternative dispute resolution.
<br /> (c) Special and Conditional Use Permits. - The zoning ordinance may provide that the
<br /> board of adjustment may PewsPesilexeeptiento toe zoning zeglatie esified-
<br /> vat:ia-nees i e 11 ad„s°s and*4a* d may-tt�hear and decide special and conditional
<br /> use pefmits, all to b, pR its in accordance with t4e pt:ifieiples, eenditiens, sRfepat: '
<br /> standards and procedures specified in the ordinance. Reasonable and appropriate conditions
<br /> may be imposed upon these permits.T-he ,,..a;,,,nee m also ,,,Aot:ize toe boat:d to iN*°fpr°*
<br /> (d) Variances. - When pt:aetieal di ffiettities or unnecessary hardships would result from
<br /> carrying out the strict letter of a zoning ordinance, the board of adjustment shall have toe pov,°r
<br /> wary e�odify any of the r° alai, ns of toe ,,..a;,,,nee t4at provisions of the
<br /> ordinance upon a showing of all of the following
<br /> (1) Unnecessary hardship would result from the strict application of the
<br /> ordinance. It shall not be necessary to demonstrate that, in the absence of the
<br /> variance, no reasonable use can be made of the property_
<br /> The hardship results from conditions that are peculiar to the property, such
<br /> as location, size, or topography. Hardships resulting from personal
<br /> circumstances, as well as hardships resulting from conditions that are
<br /> common to the neighborhood or the general public, may not be the basis for
<br /> granting a variance.
<br /> The hardship did not result from actions taken by the applicant or the
<br /> property owner. The act of purchasing property with knowledge that
<br /> circumstances exist that may justify the granting of a variance shall not be
<br /> regarded as a self-created hardship.
<br /> The requested variance is consistent with the spifitspirit, purpose, and intent
<br /> of the efdifianee shall be obse ,°a, ordinance, such that public safety and
<br /> ,v,el f e s°,.,,..°a safety is secured, and substantial justice his achieved.
<br /> No change in permitted uses may be authorized by variance. mate-eenditiens;Leh
<br /> v,fia-n°° may be imposed o n any appfoval isstted by toe b,,af Appropriate conditions may be
<br /> imposed on any variance, provided that the conditions are reasonably related to the variance.
<br /> Any other ordinance that regulates land use or development may provide for variances
<br /> consistent with the provisions of this subsection.
<br /> SL2013-126 Session Law 2013-126 1 `� �'
<br />
|