All districts
A variance is heard by the Board of Adjustment (BOA), a quasi-judicial board. A variance permits a property owner to use property in a way that conflicts with LDO standards where strict application would create an undue hardship. The applicant must submit four (4) findings of fact to show factual evidence of undue hardship. Under North Carolina General Statutes Sec. 160D-705(d), which this session fetched and read verbatim, and which binds every North Carolina board of adjustment including Fuquay-Varina's, the board shall grant a variance only upon a showing of all four of: (1) unnecessary hardship would result from strict application of the regulation (it is not necessary to show that, absent the variance, no reasonable use can be made of the property); (2) the hardship results from conditions peculiar to the property, such as location, size, or topography; (3) the hardship did not result from actions taken by the applicant or the property owner; and (4) the requested variance is consistent with the spirit, purpose, and intent of the regulation, such that public safety is secured and substantial justice is achieved. No change in permitted uses may be authorized by variance. The BOA process is quasi-judicial: evidence is presented by Town staff and by proponents and opponents, similar to a court proceeding, and the Town Board of Commissioners has no authority to review BOA decisions; appeals go to Wake County Superior Court. Approval of a variance requires a concurring vote of four-fifths (4/5) of the board (with vacant or conflicted seats excluded from the denominator). The BOA may approve, approve with conditions, or deny a petition. LDO Sec. 9-1808 itself was not independently confirmed to restate this four-part test verbatim (the flipbook's rendering of this page and a third-party mirror of the Town's code were both unreachable this session); confirm the LDO's exact wording with the Planning Department at 919-552-1429, though the G.S. 160D-705(d) standard above is binding regardless of how the LDO phrases it.