Whereas, The Town of Maggie Valley Board of Adjustments have met and discussed the conditions under which variances should be granted;

Whereas, a public hearing was held July 18 after due notification.

NOW THEREFORE BE IT HEREBY ORDAINED by the Board of Aldermen of the Town of Maggie Valley:

1. Article 1306.3 of the Zoning ordinance be deleted and replaced with the following:

ARTICLE 1306.3 Variances

Section 1306.3.1

Before the Zoning Board of Adjustment may grant a variance, it shall make

the following three findings which shall be recorded in the permanent record of the

case and shall include the factual reasons on which they are based:

1306.3.1.1 There are practical difficulties or unnecessary hardships in the way of

carrying out the strict letter of the ordinance. In order to determine that there

are practical difficulties or unnecessary hardships, the Board must find that

all five of the following conditions exist:

a) If the applicant complies with the provisions of the ordinance, the

applicant can secure no reasonable return from nor make reasonable

use of the property. Merely proving that the variance would permit a

greater profit to be made from the property will not be considered

adequate to justify the Board in granting a variance. Moreover, the

Board shall consider whether the variance is the minimum possible

deviation from the terms of the ordinance that will make possible the

reasonable use of the property.

b) The hardship results from the application of the ordinance to the

property rather than from other factors such as deed restrictions or

other hardship.

c) The hardship is due to the physical nature of the applicant’s property,

such as its size, shape or topography, which is different from that of

neighboring property.

d) The hardship is not the result of the actions of an applicant who

knowingly or unknowingly violates the ordinance, or who purchases the

property after the effective date of the ordinance and then comes to the

Board for relief.

e) The hardship is peculiar to the applicant’s property, rather than the

result of conditions that are widespread. If other properties are equally

subject to the hardship created in the restriction, then granting a variance

would be a special privilege denied to others and would not promote

equal justice.

1306.3.1.2 The variance is in harmony with the general purpose and intent of the

ordinance and preserves its spirit. That is, the applicant is not seeking to establish,

to expand, or to extend in area a non-conforming use. Moreover, the existence of

a non-conforming use in the same or in any other zoning district shall not constitute

a reason for granting the requested variance.

1306.3.1.3 In granting of the variance, the public safety and welfare have been assured

and substantial justice has been done. The Board shall not grant a variance if it

finds that doing so would alter the essential character of the neighborhood,

materially diminish or impair established property values within the surrounding

area, or in any other respect impair the public health, safety or general welfare.

This the 18^th day of July 2006.

______________________________

Mayor Roger McElroy

ATTEST:

______________________________

Vickie Best, CMC, Town Clerk