(A) Purpose and duties. The Board of Adjustment shall have the following powers and duties:
(1) Appeal of administrative decisions. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Planning Director, any Enforcement Officer, or Watershed Administrator in the interpretation of the requirements of this code;
(2) Special uses. To hear and decide only such special uses as the Board is authorized to pass on by the terms of this code;
(3) Variances. To grant variances in accordance with state law and where assigned by this code;
(4) Interpretation. To interpret the location of lines on the official Zoning Map or Zoning Ordinance text requirements where the map or text appears to be unclear;
(5) Conditions of approval. In granting any special use permit or variance the Board may prescribe additional requirements and safeguards to insure the purpose of this code; and
(6) To approve alternate landscaping plans when a strict application of the code requirements would result in an unreasonable or impractical solution or situation. Approval shall be consistent with the intent and purpose of the landscaping requirements of this code. This provision shall not apply to landscape plans that require City Council approval.
(B) Membership. A Board of Adjustment for the City of Goldsboro is hereby created. The Board shall consist of five regular members and two alternate members. Five members appointed by the City Council shall reside within the city and two members appointed by the County Commissioners shall reside within the extraterritorial planning area of the city. The Planning Commission shall serve as the Board of Adjustment. The Planning Commission shall follow the rules of procedure established by the Board of Adjustment when operating in this capacity.
(C) City Council. The Goldsboro City Council may be required to act as the Board of Adjustment, per the permitted uses section of the Goldsboro UDO.
(D) Meetings. The Board shall establish a regular meeting schedule. All meetings shall be conducted in accordance with quasi-judicial procedures. 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.
(E) Voting. The concurring vote of 4/5 of the regular Board membership shall be necessary to reverse any order, requirement, decision, or determination of the Administrator, to find in favor of the applicant on the issuance of special use permits, to interpret imprecise Ordinance text or zoning district boundaries and to grant a variance or any matter upon which the Board is required to pass under the code. However, the 4/5 majority vote means 4/5 of the entire Board, not just 4/5 of those present. For example, in the case of this seven member Board, if one member is absent and there are no alternate members to take the place of the absent member, a unanimous six votes would be required to obtain the necessary 4/5 majority. (Six being the first whole number to exceed four-fifths (0.80) of the entire Board). If alternate members are present, they may vote in place of any absent member. All other actions of the Board shall be taken by majority vote, a quorum being present.
(F) Records. The Board shall keep a public record of its resolutions, transactions, findings and determinations. Final disposition of all cases considered by the Board shall be by written order with the findings of fact stated and the reasons therefore, all of which shall be a matter of public record.
(G) Staff services. The Planning Director or their designee shall serve as Secretary to this body.
(Ord. 2018-8, passed 2-19-18; Am. Ord. 2021-39, passed 12-20-21; Am. Ord. 2022-52, passed 10-3-22)