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B K: 0002 6 PG The purpose of this Section is to protect the rights of applicants, landowners, and affected persons by providing procedures for variances from the provisions of this UDO. This Section implements the provisions of NCGS §§ 160A -388 and 153A -345. 3.7.2 APPLICABLITY. This Section applies to any an application for a variance as prescribed in NCGS §§ 160A- 388(d) in incorporated areas and the ETJ and § 153A- 345(d) in unincorporated areas outside of the ETJ. 3.7.3 DECISION. 3.7.3.1 The application shall be considered by the appropriate Board of Adjustment following receipt of a complete application and appropriate notification of meeting. The Board of Adjustment shall conduct a hearing on the appeal pursuant to the procedures established in NCGS §§ 153A -345 and 160A -388 and § 3.1.7.2 of this Ordinance. 3.7.3.2 Appeals from the decision of the Board of Adjustment shall be filed with the Clerk of Lee County within 30 days of the final decision of the Board. The Board of Adjustment's decision shall be considered a final decision upon filing of the Board's Order in the Clerk to the Board's office. 3.7.4 APPROVAL CRITERIA. 3.7.4.1 When unnecessary hardships would result from carrying out the strict letter of a zoning ordinance, the board of adjustment shall vary any of the provisions of the ordinance upon a showing of all of the following: (a) 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. (b) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. (c) 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. (d) 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. 3.7.4.2. No change in permitted uses may be authorized by variance. Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance. Any other ordinance that regulates land use or development may provide for variances consistent with the provisions of this subsection. 3.7.4.3 Voting. The concurring vote of four -fifths of the board shall be necessary to grant a variance. For the purposes of this subsection, vacant positions on the board and 3