(A) Creation. There is hereby created a Board of Adjustment pursuant to G.S. § 160D-302 to be known as the Town Board of Adjustment and referred to herein as the Board of Adjustment. For similar state law provisions, refer to G.S. § 160D-302.
(B) Powers and duties. The Board of Adjustment shall hear and decide:
(1) Appeals from any final and binding order, decision, requirement, or interpretation made by the Zoning Officer or his or her authorized agent, in the enforcement of this chapter.
(2) Applications for variances concerning nonconforming uses, lots and structures. In cases where, due to special conditions, a literal enforcement of the provisions of this chapter will result in undue hardship, a variance may be appropriate in order that the spirit of this chapter shall be observed and substantial justice done.
(3) Questions involving interpretations of the zoning map, including disputed district boundary lines and lot lines.
(4) Any other matter the Board is required to act upon by any other town ordinance.
For similar state law provisions, refer to G.S. § 160D-302.
(C) Membership.
(1) Regular members. Board of Adjustment shall have initial terms of appointment as follows: one member for three years, two members for two years, and two members for one year.
(2) Alternates. Not more than two alternate members may be appointed to serve in the absence of regular members.
(3) Appointment. Members shall be appointed by the Town Board of Commissioners and shall serve at the pleasure of the Board.
(4) Terms. All members and alternates shall be appointed by the Board of Town Commissioners for overlapping terms of three years.
(5) Qualifications. Board of Adjustment members should have basic knowledge of the town and its physical, social, and economic makeup. In addition, a basic understanding of the planning process and land-use planning in particular, are recommended.
(6) Service is volunteer. All members of the Board of Adjustment shall serve without pay, but may be reimbursed for any expense incurred while representing the Board. For similar state law provisions, refer to G.S. § 160D-302(a).
(D) Officers. At the first meeting of each year, the Board shall elect one of its members as Chairperson, another as Vice-Chairperson, and shall appoint a Secretary who may be a municipal officer, an employee of the county or a member of the Planning Board, and such other subordinates as may be authorized by the Board of Town Commissioners or as the Board of Adjustment deems necessary. The chairperson and vice-chairperson of the Board of Adjustment may take part in all deliberations and may vote on all issues.
(E) Meetings.
(1) Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine.
(2) All meetings of the Board shall be open to the public and whenever feasible the agenda for each Board meeting shall be made available in advance of the meeting.
(F) Rules of procedure. Rules of procedure that are consistent with the provisions of this chapter may be adopted by the Board of Adjustment. In the absence of action by the Board of Commissioners, the Board of Adjustment is authorized to adopt its own rules of procedure that are consistent with the provisions of this chapter. A copy of any adopted rules of procedure shall be maintained by the Town Clerk. Each Board shall keep minutes of its proceedings. For similar state law provisions, refer to G.S. § 160D-308.
(G) Minutes of meetings. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and also keep records of its examination and other official action. For similar state law provisions, refer to G.S. § 160D-308.
(H) Conflicts of interest. Members of appointed boards shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to this chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. An appointed board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship. For similar state law provisions, refer to G.S. § 160D-10(b).
(I) Quorum. A quorum is required for the Board of Adjustment to take official action. A member who has withdrawn from the meeting without being excused shall be counted as present for purposes of determining whether a quorum is present.
(J) Voting.
(1) The concurring vote of four-fifths of the Board shall be necessary to grant a variance. For similar state law provisions, refer to G.S. § 160D-406(i).
(2) A majority of the members shall be required to decide any other quasi-judicial matter or to determine an appeal made in the nature of certiorari. For similar state law provisions, refer to G.S. § 160D-406(i).
(3) For the purposes of this division (J), vacant positions on the Board and members who are disqualified from voting on a quasi-judicial matter under G.S. § 160D-109(d) shall not be considered members of the Board for calculation of the requisite majority if there are no qualified alternates available to take the place of such members. For similar state law provisions, refer to G.S. § 160D-406(i).
(4) Once a member is physically present at a Board meeting, any subsequent failure to vote shall be recorded as an affirmative vote unless the member has excused himself or herself or has been allowed to withdraw from the meeting.
(5) If an objection is raised to a member's participation, and that member does not recuse himself or herself, the remaining members shall by majority vote, rule on the objection.
(6) A member may be allowed to withdraw from the entire remainder of a meeting by majority vote of the remaining members present for any good and sufficient reason other than the member's desire to avoid voting on matters to be considered at that meeting.
(7) A motion to allow a member to be excused from voting or excused from the remainder of the meeting is in order only if made by or at the initiative of the member directly affected.
(8) A roll call vote shall be taken for each motion. The Board shall keep minutes of its proceedings showing the vote of each member, the Board's findings of fact, and the Board's decision.
(K) Oath of office. All members appointed to boards under this subchapter shall, before entering their duties, qualify by taking an oath of office as required by G.S. §§ 153A-26 and 160A-61. For similar state law provisions, refer to G.S. § 160D-309.
(Ord. 23-241, passed 7-18-2023)