The purpose of a variance is to allow for certain deviations or relief from the standards of the Zoning Ordinance (such as height, yard setback, lot coverage or similar numeric standards) when the property owner demonstrates that special circumstances or conditions would result in undue and unique physical hardships. A variance request should not be based on financial hardship of an applicant. Once an application is filed with the Planning Department, a hearing is set for the Board of Adjustment to consider the request. All adjacent property owners are notified by mail and the public hearing to consider the variance request is locally advertised.
In determining the basis for granting a variance, the Board of Adjustment considers the following findings of fact in a quasi-judicial proceeding:
- There are practical difficulties or unnecessary hardships in application of the Ordinance requirements;
- Any practical difficulties or unnecessary hardships are not the result of the actions of the applicant;
- The reasons set forth in the application justify the granting of a variance, and that the variance is the minimum action that will make possible the reasonable use of land or structures;
- The variance is in harmony with the general purpose and intent of this Ordinance and preserves its spirit; and
- In the granting of the variance, the public safety and welfare have been assured and substantial justice has been done.
If the Board of Adjustment grants a variance request, it is recorded with the Iredell County Register of Deeds. For more information, call the Planning Department at 704-662-7040.