TITLE: Title
Request-to-set a public hearing on Land Use Ordinance Amendments Relating to the Board of Adjustment
PURPOSE: The purpose of this item is for the Board of Aldermen to consider setting a public hearing on text amendments to the Land Use Ordinance to bring the ordinance into conformity with recent statutory changes relating to the Board of Adjustment.
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DEPARTMENT: Planning
CONTACT INFORMATION: Christina Moon - 919-918-7325; Mike Brough - 919-929-3905; Marty Roupe - 919-918-7333
INFORMATION: In the spring of 2013, the North Carolina General Assembly considered HB 276, An Act to Clarify and Modernize statutes regarding Zoning Boards of Adjustment (Attachment C and http://www.ncleg.net/sessions/2013/bills/house/pdf/h276v6.pdf ). The bill updated the statute creating boards of adjustment providing greater clarity, standardizing procedures and providing more predictability about the processes used by the board of adjustment. The bill was signed in to law in October of 2013.
The role of the Board of Adjustment is to handle quasi-judicial matters following clear procedures based on evidence and sworn testimony outside of the political pressure that can affect elected officials. In addition to reviewing special use permits, the Town of Carrboro Board of Adjustment considers requests for major subdivisions of between five and 12 units, appeals, interpretations, variances and special exceptions. Among other things, the variance provisions of General Statute 160A-388(d) have been rewritten so that the following standards for granting a variance will be uniform throughout the state:
* Unnecessary hardship would result from the strict application of the ordinance
* The hardship results from conditions that are particular to the property
* The hardship is not self-created
* The applicant must demonstrate that the granting of a variance is consistent with the spirit or intent of the ordinance, will maintain public safety, and achie...
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