How do I request a variance?
As of this pack's research date, Huntersville's variance and appeal process is Article 11.3, most recently amended by Ord. TA25-07 (Zoning), which the ordinance's own closing block shows was recommended by the Planning Board on June 24, 2025 and adopted by the Town Board on July 15, 2025 (the ALP viewer's document listing still labels the file "Draft TA25-07 (Zoning)" as a filename artifact, but the ordinance text carries the same adoption block used by every other adopted amendment and its content is already reflected in the live ordinance). TA25-07 re-designated the former Zoning Board of Adjustment's duties to a renamed Planning Board of Adjustment. Under the current process, confirmed this session directly from the Town's own ordinance text (fetched via the ALP viewer's print endpoint): a petition for variance, in the form prescribed by the Board, is filed with the Clerk to the Planning Board (or designated administrator) with a non-refundable filing fee and a list of adjoining property owners with tax parcel numbers; the Board may grant a variance only upon showing that unnecessary hardship would result from strict application of the ordinance, the hardship results from conditions peculiar to the property (not personal circumstances or conditions common to the neighborhood), the hardship was not self-created, and the variance is consistent with the ordinance's spirit, purpose, and intent (no change in permitted uses may be authorized by variance); an administrative appeal of a decision must generally be filed within 30 days of written notice; and granting a variance needs a four-fifths (4/5) concurring vote of the board. Quasi-judicial decisions are subject to review by the Superior Court in the nature of certiorari under G.S. 160D-1402. Confirm the current Article 11.3 text and the board's exact current name with the Planning Department at 704-875-6541 before filing. This pack covers both incorporated Huntersville and its zoned ETJ.
Sources
Full text: Huntersville ordinance on Town-hosted American Legal Publishing (municipalcodeonline.com) viewer, not Municode. Applies to districts: NR, TC.
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