Undue Hardship Standards for Variance Approvals in Fayetteville
To secure a variance from the City of Fayetteville Unified Development Code (UDC), an applicant must prove that an "undue hardship" exists due to circumstances unique to the specific property, such as its topography or regulatory environment. This hardship must not be a result of the applicant’s actions and must be the minimum necessary to provide reasonable use of the land while remaining in harmony with the intent of the City of Fayetteville’s zoning regulations [Section 156.02, Section 156.03].
Defining Undue Hardship in the City of Fayetteville
Under the City of Fayetteville Unified Development Code, "undue hardship" is not a singular definition but a set of criteria that vary slightly depending on the type of regulation from which relief is sought. Generally, the City of Fayetteville requires that a hardship be unique to the subject property and not a condition shared by the neighborhood at large [Section 156.03].
General Zoning Variances
For standard zoning variances considered by the City of Fayetteville Board of Adjustment, the applicant must demonstrate:
- Unique Circumstances: Strict enforcement of the City of Fayetteville UDC would cause undue hardship because of circumstances unique to the individual property.
- Spirit and Intent: The variance must be in keeping with the spirit and intent of the City of Fayetteville zoning ordinance.
- Minimum Necessary: The Board of Adjustment may only grant the minimum relief necessary to make possible the reasonable use of the structure or land [Section 156.02].
Development, Parking, and Loading Variances
When seeking a variance from the City of Fayetteville development or parking regulations, the "undue hardship" specifically includes, but is not limited to, the following factors:
- Financial Factors: Economic constraints that prevent compliance.
- Environmental Factors: Natural features of the land that make compliance impossible or impractical.
- Regulatory Factors: Conflicts between different sections of the City of Fayetteville UDC or other government regulations [Section 156.03].
Specific Variance Hardship Criteria
The City of Fayetteville applies specific tests and findings for different types of variance requests.
| Variance Type | Required Hardship Finding | Governing Body |
|---|---|---|
| Standard Zoning | Undue hardship due to unique property circumstances [Section 156.02]. | Board of Adjustment |
| Development & Parking | Financial, environmental, or regulatory hardship unique to the property [Section 156.03]. | Planning Commission |
| Floodplain | "Exceptional hardship" to the applicant; must not result in increased flood heights [Section 156.03]. | Planning Commission |
| Streamside Protection | Undue hardship as strictly applied to the property's unique characteristics [Section 156.03]. | Planning Commission |
| Airport Zone | "Practical difficulty or unnecessary hardship" [Section 156.06]. | Board of Adjustment |
| Landscape Regulations | Undue hardship as it applies to the proposed development [Section 156.07]. | Planning Commission |
Limitations on Hardship Claims
The City of Fayetteville Unified Development Code explicitly limits what can be considered a valid hardship:
- Non-Permitted Uses: The City of Fayetteville Board of Adjustment cannot grant a variance for a use that is not permitted in a specific zone, regardless of the hardship [Section 156.02].
- Access Requirements: No variance will be granted for any property that does not have access to an improved street [Section 156.03].
- Self-Imposed Hardship: While the City of Fayetteville code emphasizes "unique circumstances," generally accepted legal principles (implied in the "unique to the property" requirement) suggest that hardships created by the property owner do not qualify.
- Prohibited Signs: The City of Fayetteville Zoning and Development Administrator cannot grant variances for signs specifically prohibited by Chapter 174 [Section 156.05].
Procedures for Proving Hardship
All applications for a variance in the City of Fayetteville must be submitted in writing to the official responsible for the relevant code section. For example, zoning and sign variances are directed to the City of Fayetteville Zoning and Development Administrator, while stormwater variances are directed to the City Engineer [Section 152.01, Section 156.01]. The City of Fayetteville Planning Commission or Board of Adjustment must make written findings that the hardship exists before a variance can be legally issued [Section 156.03, Section 156.06].
Sections Cited
- Section 152.01 - Administrators Designated
- Section 156.01 - General Requirements
- Section 156.02 - Zoning Regulations
- Section 156.03 - Development, Parking and Loading
- Section 156.05 - Sign Regulations
- Section 156.06 - Airport Zone
- Section 156.07 - Landscape Regulations
- Section 166.04 - Required Infrastructure Improvements — Development In City Limits