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Planning Department
401 Laureate Way
Kannapolis, NC 28081
704.920.4350
planningapps@kannapolisnc.gov
Revised: 05/2020
Variance Permit
SUBMITTAL CHECKLIST
VARIANCE PERMIT REQUEST
PROCESS INFORMATION
So that we may efficiently review your project in a timely manner, it is important that all required documents and fees listed on
this form below are submitted with your application. Submit digitals and 1 hard copy of applications and accompanying documents
to the Planning Department at the address above.
Variance – Request for Variance as required by Section 3.7 of the Unified Development Ordinance (UDO).
Approval authority – Board of Adjustment.
Property Address: ______________________________
Applicant: _______________________________________________________________________
Pre-Application Meeting – send an email to planreviewappointment@kannapolisnc.gov
Variance Checklist and Application – Complete with all required signatures
Plot/Site Plan showing the variance
Fee: $325.00 ($300 Application Fee + notification fee [see Fee Schedule])
Public Notification: This is a quasi-judicial process that requires a public hearing and public notification including first-class
mailed notice to adjacent property owners and a sign posted prominently on the property (Section 3.1.5.2 of the UDO).
Review Process: All applications will be reviewed for compliance and then forwarded to the Board of Adjustment for
consideration at a public hearing which is held monthly on the 3
rd
Tuesday at 6:00pm in City Hall Laureate Center. The
application and all fees must be paid prior to scheduling the public hearing.
Action by Board of Adjustment: After conducting a public hearing, the Board of Adjustment may: deny the application;
conduct an additional public hearing on the application; approve the application; or approve the application with
conditions.
Scope of Approval: A concurring vote of four-fifths of the members of the Board shall be necessary to grant a variance. 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 NCGS §160A-388)(d). (See Variance application for hardship criteria.).
By signing below I acknowledge that I have reviewed the Submittal Checklist and have included the required submittal
items and reviewed them for completeness and accuracy. I also acknowledge that my application will be rejected if
incomplete.
Applicant’s Signature: Date:
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Planning Department
401 Laureate Way
Kannapolis, NC 28081
704.920.4350
planningapps@kannapolisnc.gov
Revised: 09/2020
VARIANCE APPLICATION
Approval authority – Board of Adjustment
Applicant Contact Information Property Owner Contact Information o same as applicant
Name: Name:
Address: Address:
Phone: Phone:
Email: Email:
Project Information
Project Address: ___________________________________________ Zoning District
Parcel PIN: Size of property (in acres):
I, , hereby petition the Board of Adjustment for a Variance from the
literal provisions of the Unified Development Ordinance because, under the interpretation given to me by the
Planning Administrator, I am prohibited from using the parcel of land described above in a manner shown by the
plot plan attached.
Ordinance provision(s) from which a variance is requested:
This is what I want to do (attach separate sheet if necessary):
APPROVAL CRITERIA
The Board of Adjustment does not have unlimited discretion in deciding whether to grant a Variance. The Board is
required to reach four conclusions before it may issue a Variance. In the spaces provided below, indicate the facts
that you intend to show and the arguments that you intend to make to convince the Board that it can properly reach
these four required conclusions:
1. 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. [It is not sufficient that failure to grant the Variance simply makes the property less
valuable.] (State facts and arguments in support of this conclusion)
TOD - Transit Oriented Development
City of Kannapolis
Variance Application
Pg. 2
For Staff Use Only:
Filing Fee: Receipt #:
Case #: Date Received:
Revised: 09/2020
2. 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. (State
facts and arguments to show that the Variance requested represents the least possible deviate from the
letter of the ordinance that will allow a reasonable use of the land and that the use of the property, if the
Variance is granted, will not substantially detract from the character of the neighborhood.)
3. 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 shall not be regarded as a self-created hardship. (State facts and arguments in support of this
conclusion.)
4. The requested Variance is consistent with the spirit, purpose, and intent of the ordinance, such that
public safety is secured, and substantial justice is achieved.
(State facts and arguments to show that, on balance, if the Variance is denied, the benefit to the public will
be substantially outweighed by the harm suffered by the applicant.)
I certify that all of the information presented in this application is accurate to the best of my knowledge,
information and belief.
Applicant Signature Date
Property Owner Signature Date
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Completed 18 February 2021

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