Lincolnton City Zoning Code

Applications for hearing and decision on requests for an appeal, a variance, or a conditional use shall be submitted to the building official on forms approved by the city council, together with a fee in the amount determined by the city council, at least 30 days prior to the next regularly schedule meeting of the zoning board.

(Ord. of 12-2003, §§ 3-1.5, 22-4(a))

Each application shall contain such information as the building official may require to enable the zoning board to make its decision on an appeal or conditional use, or a recommendation on a variance request.

(Ord. of 12-2003, §§ 3-1.5, 22-4(a))

Within a reasonable time after receiving an application for an appeal, variance, or conditional use, the zoning board shall schedule a public hearing.

(Ord. of 12-2003, §§ 3-1.5, 22-4)

1. The zoning board shall publish once in a newspaper of general circulation in the city a written notice of such public hearing at least 15 days but not more than 45 days prior to the public hearing. The public notice shall indicate the time, place and nature of the appeal, variance or conditional use to be considered by the zoning board.
2. Additionally, at least 15 days before the scheduled public hearing, the building official shall post, in a conspicuous place on the property that is the subject of the application, a sign at least two feet by three feet in size. The sign shall set forth the time, place and purpose of the public hearing before the zoning board. Acts of vandalism or natural occurrences limiting the effectiveness of notice by a sign posted on the property shall not invalidate any proceedings or action taken under this article.

(Ord. of 12-2003, §§ 3-1.5(b), 22-4(b))

The appellant and any public agency or private individual shall be entitled to present evidence on matters before the zoning board at the public hearing required by this article.

(Ord. of 12-2003, §§ 3-14(e)(3), 22-1.3)

The zoning board shall hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the building official or other administrative official in the administration or enforcement of any provisions of this chapter.

(Ord. of 12-2003, §§ 3-1.4(d), 22-1)

An appeal to the zoning board may be taken by any person, firm or corporation aggrieved or by any governmental officer, department, board or agency affected by any decision of the building official or other administrative official with respect to this article.

(Ord. of 12-2003, §§ 3.14(e)(1), 22-1.1)

Appeals under this article shall be made within 15 days following notification of the decision appealed from by filing with the zoning board a notice of appeal specifying the grounds thereof. The building official shall forthwith transmit to the zoning board all the papers constituting the record upon which the action was taken.

(Ord. of 12-2003, §§ 3.14(e)(1), 22-1.1)

An appeal under this division stays all actions by the building official seeking enforcement of or compliance with the order or decision appealed from, unless the building official certifies to the zoning board that a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of competent jurisdiction.

(Ord. of 12-2003, §§ 3-14(e)(2), 22-1.2)

Any appeal may be withdrawn upon written notice to the city clerk or building official and city clerk, but no appeal shall be withdrawn after the posting of a hearing notice or prior to the zoning board's action thereon without formal consent of the zoning board.

(Ord. of 12-2003, § 3-14(e)(4))

The zoning board may modify in whole or in part any order, requirement, or decision of the building official and, to that end, shall have the power of the building official or administrative official from whom the appeal is taken. The zoning board may direct the issuance of a permit. It shall be the duty of the building official to carry out the decisions of the zoning board.

(Ord. of 12-2003, §§ 3-1.4(e)(5), 22-1.4)

1. The zoning board shall hear and recommend to the mayor and city council applications for variances from the requirements of this chapter, but only in individual cases of practical difficulty or unnecessary hardship. Such cases may include:
   1. Exceptional narrowness, shallowness or shape of a specific piece of property that at the time of adoption of this chapter was a lot or plat of record; or
   2. When by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of a piece of property, the strict application of the requirements of this chapter would result in practical difficulties to, or undue hardship upon, the owner of such property.
2. The zoning board shall not be authorized to recommend a density variance or a use variance to permit a use in a district in which the use is prohibited.

(Ord. of 12-2003, §§ 3-1.4(f), 22-3)

In addition to any other information required generally for applications under this chapter, each application for a variance shall include a plat drawn to scale showing the following information:

1. All property lines, with dimensions.
2. Location of buildings and other structures, creeks and easements referenced to the property line of the property in question.
3. The north arrow, land district and land lot marker.
4. Location of setback lines or other dimensional requirements from which the variance is sought.

(Ord. of 12-2003, § 3-1.5(a))

The zoning board shall consider and decide whether to recommend approval or disapproval of a variance request within 45 days after the public hearing thereon.

(Ord. of 12-2003, § 22-3.4)

In reviewing an application for a variance, the burden of showing that the variance should be granted shall be upon the person applying therefor.

(Ord. of 12-2003, §§ 3-1.4(f), 22-3)

No variance shall be recommended unless the zoning board finds that all of the following conditions exist:

1. There are extraordinary and exceptional conditions pertaining to the particular parcel of property in question because of its size, shape, or topography.
2. The application of this chapter to this particular piece of property would create an unnecessary hardship.
3. Such conditions are peculiar to the particular piece of property involved and do not apply generally to other land or buildings in the vicinity.
4. Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this chapter; provided, however, that no variance may be granted for a use of land or building or structure that is prohibited in a given district by this chapter.

(Ord. of 12-2003, §§ 3-1.4(f), 22-3)

During its review of a variance request, the zoning board may attach thereto such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable so that the purpose of this chapter will be served and to provide adequately for the maintenance of the integrity and character of the zone in which such permit is granted.

(Ord. of 12-2003, §§ 3-1.4(f), 22-3.1)

When necessary, the zoning board may require guarantees, in such form as it deems proper, to ensure that conditions designated in connection therewith are being or will be complied with. Where any condition under which a request has been granted appears to have been violated, the zoning board may hold a public hearing thereon to determine whether or not the permit theretofore granted shall be terminated.

(Ord. of 12-2003, §§ 3-1.4(f), 22-3.2)

The zoning board may recommend, and the mayor and city council may grant, variances from the required improvements and minimum standards of design contained in the city's subdivision regulations; provided that the subdivider makes a specific request and shows to the satisfaction of the zoning board and the mayor and city council that topographical or other conditions peculiar and particular to the site are such that strict adherence to the requirements would cause him unnecessary hardship and would not carry out the intent of these regulations.

(Ord. of 12-2003, § 22-3.3)

The zoning board, upon recommendation, and subsequently, the mayor and city council, when granting a variance, may establish a time period for said variance.

(Ord. of 12-2003, §§ 3-1.4(f), 22-3.5)

The grant of a variance shall be stated in the minutes with the reasons for departure from the strict application of this chapter and the conditions under which the variance was granted.

(Ord. of 12-2003, §§ 3-1.4(f), 22-3.5)

Any variance granted shall terminate automatically when the use ceases to be in full compliance with any conditions imposed by the zoning board, when the use has been abandoned, or when the building permit shall have expired.

(Ord. of 12-2003, §§ 3-1.4(f), 22-3.5)

Some zoning districts permit certain uses only upon approval of the zoning board. These uses are identified in this chapter as conditional uses and such uses may be allowed under special conditions. The granting of a conditional use does not constitute a permanent change in zoning or use. The conditional use may be forfeited if it does not meet the criteria provided in this section. Generally, a conditional use shall be compatible with the applicable zoning district under special conditions.

(Ord. of 12-2003, § 22-2)

Conditional uses shall be permitted subject to an approval by the zoning in accordance with the provisions of this chapter. The required review shall determine whether the uses conform to the standards set forth in this article.

1. The conditional use shall be approved if it meets all the following factors:
   1. A rezoning to a more intensive zoning district, which contains that use as a use by right, would not be appropriate for the property.
   2. The location and character of the conditional use shall be compatible with the community development pattern and consistent with the needs of the neighborhood.
   3. The conditional use will not be injurious to the use and enjoyment of the natural environment or of other property in the immediate vicinity, or diminish and impair property values within the surrounding neighborhood.
   4. The conditional use will not increase state or local expenditures in relation to the cost of servicing or maintaining neighborhood properties.
2. The zoning board may impose any additional conditions and development standards, along with the grant of the conditional use, as may be necessary to protect the health, safety and welfare of surrounding landowners, neighborhoods and workers. The zoning board may require as part of its approval, the following conditions:
   1. Planted or screen buffers to reduce adverse or potentially adverse effects on adjoining properties.
   2. Limitation of street access ways, parking areas, and loading docks.
   3. The rearrangement of structures on the development site.
   4. Increases in maximum building height.
   5. Increases in the district requirements for lot size and building line setbacks, but not a reduction of these requirements.
   6. Limitations on the hours of business operation when it can be shown that proposed operational times would cause an adverse effect on adjoining, existing uses.
   7. Specified distances from existing residential, public, or institutional developments.
3. In no case, however, shall the zoning board exempt any conditional use from meeting the minimum lot and structure requirements of the zoning district in which the proposed use is to be located.

(Ord. of 12-2003, § 22-2(b), (c))