Kings Mountain City Zoning Code

1. (A)
   Applicability.  A Variance provides limited relief from the requirements of this UDO related to height, width, length, or location of structures, and the size of setbacks and open spaces, in those cases where strict application of a particular requirement will create an unnecessary hardship by preventing the use and development of land in a reasonable manner that is otherwise allowed under this UDO. A Variance is not a right. It may be granted to an applicant only if the applicant establishes compliance with the hardship criteria established in this Section.
2. (B)
   Exemptions. Some requests for relief are not within the jurisdiction of the Board of Adjustment (BOA), and are therefore, either prohibited or not subject to this Section. These requests are:

   1. (1)
      Use and Sign Type Variances. Variances are prohibited that would allow a use or a sign type in a zoning district in which the use or sign type is prohibited.
   2. (2)
      Variances to Other Laws or Regulations. Variances to State or federal laws are prohibited unless such authority is expressly granted to the City.
   3. (3)
      Conditions of Approval. An applicant may seek modifications to conditions of approval with a new application submittal, rather than a Variance.
3. (C)
   Specific Review Criteria. In determining whether to approve, approve with conditions, or deny a Variance, the applicable review bodies shall consider the provisions of Section 156.90.03.F, Common Decision Criteria, together with the following:

   1. (1)
      Unnecessary Hardship. Unnecessary hardship would result from the strict application of the regulation. It is not necessary to demonstrate that, in the absence of the Variance, no reasonable use can be made of the property.
   2. (2)
      Conditions Peculiar to the Property. 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. (3)
      Actions Taken by the Applicant or the Property Owner. 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 is not a self-created hardship.
   4. (4)
      Spirit, Purpose, and Intent. 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.
4. (D)
   Federal Fair Housing Act. In accordance with NCGS §160D-705, A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability.
5. (E)
   Vote. The concurring vote of four-fifths of the members of the Board of Adjustment shall be necessary to approve a Variance.
6. (F)
   Effect. 

   1. (1)
      Particular Variation. Issuance of a Variance shall authorize only the particular variation that is approved in the Variance request. A Variance shall run with the land and not be affected by a change in ownership.
   2. (2)
      Other Approvals. Development authorized by the Variance shall not be carried out until the applicant has secured all other development approvals required by this UDO or any other applicable provisions of the City. Approval of a Variance does not guarantee that the development shall receive subsequent approval for other development review applications unless the relevant and applicable portions of this UDO or any other applicable provisions are met.

Effective on: 1/1/1901

1. (A)
   Applicability.

   1. (1)
      Special Uses. Special Uses are generally compatible with the land uses permitted by right in a zoning district, but require individual review of their location, design, and configuration. Special uses ensure the appropriateness of the use at a particular location within a given zoning district.
   2. (2)
      Use Table Reference. Only those uses that are enumerated as Special Uses in a zoning district shall be authorized by the Board of Adjustment or City Council dependent upon which review body is hearing the request. 
   3. (3)

      Special Use permits shall be recorded at the Register of Deeds Office in the appropriate county.

2. (B)
   Specific Review Criteria. In determining whether to approve, approve with conditions, or deny a Special Use Permit, the applicable review bodies shall consider the provisions of Section 156.90.03.F, Common Decision Criteria, together with the following:

   1. (1)
      Ingress and Egress. Adequate measures shall be taken to provide ingress and egress so designed as to minimize traffic hazards and to minimize traffic congestion on the public roads;
   2. (2)
      Nuisances. The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas;
   3. (3)
      Orderly Development. The establishment of the proposed use shall not impede the orderly development and improvement of surrounding property for uses permitted within the zoning district; and
   4. (4)
      Other Sections. Compliance with any other applicable Sections of this UDO.
3. (C)
   Conditions. The review body may place conditions on the use as part of the approval to assure that adequate mitigation measures are associated with the use. The conditions shall become a part of the Special Use Permit approval and shall be included in the Final Site Plan application. 

   1. (1)
      Consent. The applicant and landowner must provide written consent to the conditions to ensure enforceability.  If the applicant and landowner are the same entity then only one consent is required.  
   2. (2)
      Limitation on Conditions.  The review body shall not impose limitations or conditions that the City of Kings Mountain does not through this UDO, State, or federal statute have the power to impose.  
4. (D)
   Effect. The approval of a Special Use Permit shall authorize the applicant to apply for Site Development Plan approval pursuant to Section 156.100.01, Site Development Plan. All approvals of Special Use Permits require approval of the site plan. Any Special Use Permit approval shall become null and void if a required Site Development Plan is not approved within 12 months after the date of the approval. No zoning clearance may be issued until the Site Development Plan and Special Use Permits are approved.
5. (E)
   Limitations of Special Use Permit.  The approval of a Special Use Permit does not authorize any development activity. 
6. (F)

   Revocation of Special Use Permits.

   1. (1)
      The Planning Director, or his or her designee, will have the authority to issue a notice of violation of a special use permit. The notice of violation will provide 30 days to correct the violation. If the violation is not corrected to the satisfaction of the Planning Director, then the Planning Director, or his or her designee, has the authority to send a letter of revocation of the special use permit. The owner of the property will have 30 days from receipt of the letter of revocation of the special use permit to appeal the violation determination to the Zoning Board of Adjustment. 
   2. (2)
      If the Board of Adjustment finds cause to uphold the revocation of the special use permit, the special use for which the special use permit was granted must cease and future use of the property must be in conformance with all the standards of this ordinance for the district where the property is located. Any use or development of the property commenced pursuant to the special use permit must conform or be brought into conformance with the standards of the district where the property is located.

(Ord. 22-29, 08/30/2022; Ord. 22-33, 09/27/2022) 

Effective on: 9/27/2022

1. (A)
   Applicability. Appeals from the decisions of an administrative officer in which it is alleged there is an error in an order, requirement, decision, or determination in the enforcement of this UDO shall be made to the Board of Adjustment (BOA).
2. (B)
   Scope of Review. The BOA's scope of review shall be limited to determining whether the decision or interpretation by the Director was in accordance with the intent and requirements of this UDO, and accordingly, the BOA shall affirm or reverse the decision, in part or in whole.
3. (C)
   Notice of Appeal. A notice of Appeal of an Administrative Decision shall be submitted to the Director within 30 days from receipt of the written decision. Any other person with standing to appeal has 30 days from receipt from any source of actual or constructive notice of the determination within which to file an appeal. Notice given by first-class mail is deemed received on the third business day following deposit of the notice for mailing with the United States Postal Service.
4. (D)
   Specific Review Criteria. In determining whether to reverse or affirm, in part of in whole, an Appeal of Administrative Decision, the applicable review bodies shall consider the following:

   1. (1)
      Record and Evidence. The administrative decision was appropriate considering the written record of the case and the evidence presented; and 
   2. (2)
      UDO Requirements. The decision reflects the requirements contained in this UDO.
   3. (3)
      Required Attendance.  The official responsible for the decision subject of the appeal process shall be required to appear as a witness at the appeal procedures.  
5. (E)
   Burden of Proof in Appeals. The BOA shall presume the appealed final decision to be valid. The appellant shall present sufficient evidence and have the burden to justify a reversal of the decision being appealed.
6. (F)
   Effect. In exercising its authority under this Section, the BOA shall have the final decision-making powers of the administrative official from whom the appeal is taken.
7. (G)
   Pause of Enforcement.  Enforcement actions, including fines, shall be suspended during the appeal process and until after a final decision is rendered.  

Effective on: 1/1/1901