(A) Establishment; jurisdiction. There is hereby established a board known as the Dare County Board of Adjustment, whose jurisdiction shall include the area within the limits of the county as provided by law.
(B) Composition and duties.
(1) Composition. The Board of Adjustment shall be composed of 5 regular members and 3 alternate members, all of whom shall be residents of the unincorporated areas of Dare County or residents of the municipal areas of Dare County. Alternate members shall serve on the Board in the absence or temporary disqualification of any regular member or fill a vacancy pending appointment of a member. Each alternate serving on behalf of any regular member has all the powers and duties of a regular member.
(2) Appointment of members and qualifications. All members shall be appointed by the Board of Commissioners and shall serve at the Board’s pleasure. Regular or alternative members may be appointed from the Dare County Planning Board membership.
(3) Terms. The terms of office for regular and alternate members shall be 3 years. Vacancies occurring for reasons other than expiration of terms shall be filled as they occur for the period of the unexpired term.
(4) Attendance. Faithful attendance at the meetings of the Board is considered a prerequisite for the maintenance of membership on the Board.
(5) Compensation. All members shall be compensated in the same manner and at the same rate as members of the Dare County Planning Board.
(C) Organization; rules and records; meetings generally; quorum.
(1) Organization; officers. The position of the Chair of the Board of Adjustment is hereby created; the Chair shall be appointed by the Board of Commissioners from among the membership of the Board. The Board of Adjustment shall create and fill such additional offices as it may determine to be necessary.
(2) Rules and records. The Board of Adjustment shall follow the same rules of procedures as those adopted by the Board of Commissioners. A copy of these adopted rules of procedures shall be maintained by the Planning Director and posted on the Dare County website. (G.S. § 160D-308)
(3) Meetings. The Board shall hold regular, special, and emergency meetings when necessary to carry out its powers and duties consistent with the applicable provisions of state law and local ordinances. All meetings and proceedings of the Board shall be open to the public and shall be conducted in accordance with G.S. § 143-33C. The Board shall keep minutes of its proceedings in accordance with G.S. § 143-318.9 et seq.
(4) Quorum. There shall be a quorum of 4 members for the purpose of taking any official action authorized by the section or by law.
(5) Notice. Notice procedures as set forth in Section 22-72 of the Dare County Zoning Ordinance for quasi-judicial procedures shall be followed for Board of Adjustment meetings.
(D) Conflict of interest. The conflict of interest provisions of Section 22-73 of the Dare County Zoning Ordinance shall apply to all Planning Board actions.
(E) The Board of Adjustment, upon approval of the County Manager, may hire legal counsel to advise on legal and procedural matters within its jurisdiction.
(Prior Code, § 152.11) (Res. passed 4-4-2003) (Ord. passed 10-7-2013; amended 12-4-2017; Am. Ord. passed 6-1-2021)