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.

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.

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.

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.

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.

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.  

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.

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.