§ 8-5. Variances.

The Board of Adjustment/County Commissioners may authorize a variance from the provisions of this Ordinance if such variance can be made without destroying the intent of this Ordinance. Approval of variances shall be based upon written justification by the applicant and may be granted under one of the following circumstances:

8-5.1.

Equal or better performance. Where, in the opinion of the Board of Adjustment/County Commissioners, a variance will result in equal or better performance in furtherance of the purposes of this Ordinance.

8-5.2.

Unintentional error. Where, through an unintentional error by the applicant, the applicant's agent, or the reviewing authorities, there is a minor violation of a standard of this Ordinance and where such violation is not prejudicial to the value or development potential of the land or adjoining properties.

In the event that the Board of Adjustment/County Commissioners grant a variance, it shall be the minimum variance necessary in order to allow reasonable use of the applicant's land. Any variance granted by the Board of Adjustment/County Commissioners shall require an affirmative vote of two-thirds of the members present at the meeting at which the variance is requested. Any variance thus authorized is required to be entered in writing in the minutes of the Board of Adjustment/County Commissioners with the reasoning on which the departure was justified set forth. In approving variances, the Board of Adjustment/County Commissioners may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of this Ordinance.

The variance request shall be accompanied by a Site Plan. The variance request shall be decided by the Board of Adjustment/County Commissioners before an Application is considered by the Planning Commission. A fee (as established by the Carteret County Board of Commissioners) shall be paid by the applicant for a variance to cover the administrative expenses involved.

No variance may be issued until after a public hearing has been held on the request.

The total amount of time allowed for the supporters or the opponents to present arguments at the hearing shall be determined at the time of public hearing. At the hearing, the presiding officer of the hearing will decide whether to grant all or part of the request for additional time.

In cases involving a controversial matter and a large number of persons wish to speak at the public hearing in favor of or against a request, the planning department reserves the right to require those persons to sign up in advance of the public hearing in order to facilitate and organize the speakers. Persons who do not register to speak in advance shall be allowed that right at the public hearing. If such a requirement for pre-registration is necessary, the advertised public hearing notice shall clearly indicate this requirement.

(Ord. of 10-19-09(9); Ord. of 10-17-11(15); Ord. of 2-26-14)