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BK: 00026 PG: 0248 <br />0 <br />The purpose of this Section is to protect the rights of applicants, landowners, and affected <br />persons by providing procedures for variances from the provisions of this UDO. This <br />Section implements the provisions of NCGS §§ 160A-388 and 153A-345. <br />3.7.2 APPLICABLTTY. <br />This Section applies to any an application for a variance as prescribed in NCGS §§ 160A - <br />388(d) in incorporated areas and the ETJ and § 153A -345(d) in unincorporated areas <br />outside of the ETJ. <br />3.7.3 DECISION. <br />3.7.3.1 The application shall be considered by the appropriate Board of Adjustment <br />following receipt of a complete application and appropriate notification of meeting. The <br />Board of Adjustment shall conduct a hearing on the appeal pursuant to the procedures <br />established in NCGS §§ 153A-345 and 160A-388 and § 3.1.7.2 of this Ordinance. <br />3.7.3.2 Appeals from the decision of the Board of Adjustment shall be filed with the <br />Clerk of Lee County within 30 days of the final decision of the Board. The Board of <br />Adjustment's decision shall be considered a final decision upon filing of the Board's <br />Order in the Clerk to the Board's office. <br />3.7.4 APPROVAL CRITERIA. <br />3.7.4.1 When unnecessary hardships would result from carrying out the strict letter of a <br />zoning ordinance, the board of adjustment shall vary any of the provisions of the <br />ordinance upon a showing of all of the following: <br />(a) 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 />(b) The hardship results from conditions that are peculiar to the property, <br />such as location, size, or topography. Hardships resulting from personal <br />circumstances, as well as hardships resulting from conditions that are common to <br />the neighborhood or the general public, may not be the basis for granting a <br />variance. <br />(c) 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 />(d) The requested variance is consistent with the spirit, purpose, and intent <br />of the ordinance, such that public safety is secured, and substantial justice is <br />achieved. <br />3.7.4.2. No change in permitted uses may be authorized by variance. Appropriate <br />conditions may be imposed on any variance, provided that the conditions are reasonably <br />related to the variance. Any other ordinance that regulates land use or development may <br />provide for variances consistent with the provisions of this subsection. <br />3.7.4.3 Voting. The concurring vote of four-fifths of the board shall be necessary to <br />grant a variance. For the purposes of this subsection, vacant positions on the board and <br />3 <br />