(A) General. All questions arising in connection with this chapter shall be presented first to the Zoning Administrator, who shall be responsible for the day to day administration of this chapter. The Board of Adjustment shall have the authority to rule on matters of interpretation of this chapter, consider appeals from decisions of the Zoning Administrator, issue conditional use permits and grant variances. Any appeal from a decision of the Board of Adjustment shall be to the courts as provided by law. The Village Planning Board shall serve in an advisory capacity to the Village Council and shall provide recommendations to the Council including recommendations pertaining to zoning amendments and other matters as designated in G.S. § 160A-361.
(B) Time limits for applications.
(1) Board of Adjustment.
(a) Whenever it has taken action to deny an application, the Board of Adjustment shall not consider any further application for the same issue on any part of the same property for a period of 2 years from the date of its latest such action.
(b) Whenever it has taken action to deny an application, the Board of Adjustment shall not consider an application for any kind of altered or amended issue on any part of the same property for a period of 1 year from the date of its latest such action.
(c) The above time limits may be waived by the affirmative vote of 4 of its members, when the Board of Adjustment deems such action necessary to prevent an injustice, due to changed circumstances, or to facilitate the proper development of the village.
(d) Motions for reconsideration.
1. Motions for reconsideration of a matter may be made only by a member who voted with the prevailing majority on the matter to be reconsidered.
2. Motions to reconsider shall be made at the same meeting as the original motion or at the meeting immediately following the original motion.
3. Any member of the Board may second a motion to reconsider.
4. If the matter to be reconsidered was considered at a public hearing, the public hearing shall be reopened before additional testimony may be heard.
(2) Planning Board and/or Village Council.
(a) Rezoning.
1. Whenever the Planning Board and/or the Village Council has taken action to deny an application for the rezoning of property, the Planning Board and/or the Village Council shall not consider any further application for the same rezoning of any part of the same property for a period of 2 years from the date of the latest such action by either the Planning Board or the Village Council.
2. Whenever the Planning Board and/or the Village Council has taken action to deny an application for the rezoning of property, the Planning Board and/or the Village Council shall not consider an application for any kind of rezoning or any part of the same property of 1 year from the date of the latest such action by either the Planning Board or the Village Council.
3. Whenever the Village Council has changed the zoning of property by an amendatory ordinance, the Planning Board and the Village Council shall not consider any application for rezoning of any part of the same property for a period of 6 months from the effective date of the ordinance.
4. The above time limits may be waived by the Planning Board or the Village Council by the affirmative vote of 75% of their respective members, when the Planning Board or Village Council deems such action necessary to prevent an injustice, due to changed circumstances, or to facilitate the proper development of the village.
5. Motions for reconsideration.
a. Motions for reconsideration of a matter may be made only by a member who voted with the prevailing majority on the matter to be reconsidered.
b. Motions to reconsider shall be made at the same meeting as the original motion or at the meeting following the original motion.
c. Any member of the Planning Board or the Village Council may second a motion to reconsider.
d. If the matter to be reconsidered was considered at a public hearing, the public hearing shall be reopened before additional testimony may be heard.
(b) Variances.
1. Whenever the Planning Board or the Village Council has taken action to deny an application for a variance to any ordinance or regulation, the Planning Board or the Village Council shall not consider any further application for the same issue of any part of the same property for a period of 1 year from the date of the latest such action by the Planning Board or the Village Council.
2. Whenever the Planning Board or the Village Council has taken action to deny an application for a variance to any ordinance or regulation, the Planning Board or the Village Council shall not consider an application for any kind of altered or amended variance on any part of the same property of 6 months from the date of the latest such action by Planning Board or the Village Council.
3. The above time limits may be waived by the Planning Board or the Village Council by the affirmative vote of 75% of their respective members, when the Planning Board or the Village Council deems such action necessary to prevent an injustice, due to changed circumstances, or to facilitate the proper development of the village.
4. Motions for reconsideration.
a. Motions for reconsideration of a matter may be made only by a member who voted with the prevailing majority on the matter to be reconsidered.
b. Motions to reconsider shall be made at the same meeting as the original motion or at the meeting immediately following the original motion.
c. Any member of the Planning Board or Village Council may second a motion to reconsider.
d. If the matter to be reconsidered was considered at a public hearing, the public hearing shall be reopened before additional testimony may be heard.
(2002 Code, Art. VI, § 92.00.34) (Ord. passed 10-19-1999; Am. Ord. passed 2-26-2008; Am. Ord. passed 5-20-2008; Am. Ord. passed 5-20-2008)