§ 8-66. Permit, compliance required.

No person shall construct or develop a group housing project, or convert any existing building or structure to a group housing project, nor shall any person make any addition to an existing group housing project that either alters the number of units within the project or affects the facilities required therein, unless he shall have first secured a permit authorizing such conversion, construction, development or addition according to the procedures set forth in this chapter. The construction, development, conversion, modification or addition shall be in accordance with plans and specifications submitted with the application and as approved according to the procedure set forth herein. All plans and specifications submitted with the application for a group housing project shall adhere to and comply with the area requirements and design standards as set forth in this chapter unless the county board of adjustment shall approve a variance with regard to the area requirements and design standards.

All plans and specifications submitted with the application for a group housing project shall adhere to and comply with the area requirements and design standards as set forth in this chapter unless the county board of adjustment shall approve a variance with regard to the area requirements and design standards.

No variance may be issued until after a public hearing has been held on the request. A notice of the hearing will be placed in a local Carteret County newspaper once a week for two successive calendar weeks. The notice will appear for the first time no more than 25 days and no less than 15 days prior to the hearing date. In addition, the applicant shall give notice by first class mail to the owners of abutting properties, as well as any others whose property (or any portion thereof) lies within 200 feet or two properties, whichever distance is greater, of any portion of the subject property or properties. Such notification must be mailed at least ten days in advance of the public hearing date. Proof of notification shall be required at least five days in advance of the public hearing.

The total amount of time allowed for the supporters or the opponents 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.

When unnecessary hardships would result from carrying out the strict letter of a zoning ordinance, the board of adjustment shall vary any of the provisions of the ordinance upon a showing of all of the following:

(1)

Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.

(2)

The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance.

(3)

The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.

(4)

The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved.

No change in permitted uses may be authorized by variance. Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance.

(Ord. of 1-5-81(2), § 4-1; Ord. of 10-19-09(1); Ord. of 7-19-10(1); Ord. of 8-18-14(1))