|zoning variance nc||0.59||0.1||9083||20|
According to sound theory, the zoning ordinance (law) should state that zoning variances should be granted only when a property owner would have a unique and unusual hardship, created by the physical characteristics of the land, if the ordinance is strictly and literally applied in their case.What was the law about zoning variances in North Carolina?
The CAMA statute concerning variances (G.S. 113A-120.1) had been modeled after the North Carolina zoning statutes and included the “practical difficulties or unnecessary hardships” language.When does a board of adjustment need a variance?
Under the new statute a board of adjustment shall vary the provisions of the zoning ordinance if strict application of the ordinance would create unnecessary hardship. In order to obtain the variance, the applicant must show all of the following:Can a variance be used to subvert an ordinance?
Where an ordinance expresses a clear intent, a variance cannot subvert that intent. But, alternatively, a variance may help to give effect to the ordinance intent. In one North Carolina case, an applicant was seeking a variance to allow an additional sign at a secondary entrance.