All districts
The Board of Adjustment (BOA), a quasi-judicial board established under NCGS Chapter 160D, hears Variance applications in a public hearing after Administrator review and a staff report (Sec. 11.13.1). A Variance may not be granted for density/intensity limits, use-table restrictions, procedural requirements, conditions already imposed on the property, or matters governed by state/federal law (Sec. 11.13.B). The applicant must show, among other things: unnecessary hardship from strict application of the UDO; that the hardship results from conditions peculiar to the property rather than the neighborhood generally; that the hardship was not self-created; and that the requested variance is consistent with the UDO's spirit and intent (Sec. 11.13.D, four criteria). Separately, the Administrator (not the Board) may approve a minor Administrative Adjustment of up to 10 percent of a required setback or 24 inches, whichever is greater, for specific hardship conditions such as an undersized lot or topography (Sec. 11.13.2); an applicant may appeal an Administrator denial to the Board of Adjustment.