(2) Special Use Permits . The Board of Adjustment may hear and decide special use permits in accordance with N.C. Gen. Stat. §160D-705(c) and standards and procedures specified in this Article. Reasonable and appropriate conditions may be imposed upon these permits in conjunction with approval in writing from both the property owner and applicant. Permission may be granted for the establishment of uses listed as special uses if the Board of Adjustment finds from evidence produced after a study of the complete record that:
A. The proposed use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted.
B. The proposed use meets all required conditions and specifications.
C. The proposed use will not substantially injure the value of adjoining property or such use is a public necessity.
D. The locations and character of the proposed use, if developed according to the plan submitted, will be in harmony with the area in which it is to be located and in general conformity with the plan of development of the Town of Fuquay- Varina and the Land Development Ordinance. (3) Variances . When unnecessary hardships would result from carrying out the strict letter of the Land Development Ordinance, the Board of Adjustment, in accordance with N.C. Gen. Stat. §160D-705(d) may vary any of the standards of the Land Development Ordinance, except as otherwise provided in the Land Development Ordinance, that upon a showing of all of the following: A. 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. B. 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 variance. 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.
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