(A) Establishment. The Board of Adjustment is established pursuant to G.S. § 160D-302.
(B) Membership and vacancies.
(1) The Board of Adjustment shall consist of five or more members and two alternates. All appointments to the Board of Adjustment shall be made by the Board of County Commissioners. The Board of County Commissioners may establish reasonable procedures to solicit, review, and make appointments.
(2) New members shall be appointed for a maximum term of three years. In appointing the original members or in filling of vacancies caused by the expiration of the terms of existing members, the Board of Commissioners may appoint certain members for less than three years so that the terms of all members shall not expire at the same time.
(3) Alternates shall serve on the Board of Adjustment in the absence or temporary disqualification of any regular member or to fill a vacancy pending the appointment of a member. Alternate members shall be appointed for the same term, at the same time, and in the same manner as regular members. Each alternate member, while attending any regular or special meeting of the Board and serving on behalf of a regular member, has and may exercise all the powers and duties of a regular member.
(4) All members appointed to the Board of Adjustment under this chapter shall, before entering their duties, qualify by taking an oath of office as required by G.S. § 153A-26.
(5) The Board of Commissioners may delegate duties of the Board of Adjustment to the Planning Board.
(C) Meetings and procedures.
(1) All meetings and hearings of the Board of Adjustment shall be held at a regular place and shall be open to the public and shall be conducted in accordance with the rules of procedure of the Board of Adjustment.
(2) Meetings of the Board of Adjustment shall be held pursuant to a schedule adopted pursuant to law. Special or emergency meetings of the Planning Board may be held in accordance with the provisions of Chapter 143 of the North Carolina General Statutes.
(3) Rules of procedure that are consistent with the provisions of this chapter may be adopted by the Board of County Commissioners for the Board of Adjustment. In the absence of action by the Board of County Commissioners, the Board of Adjustment is authorized to adopt its own rules of procedure that are consistent with the provisions of G.S. Ch. 160D. A copy of any adopted rules of procedure shall be maintained by the Clerk to the Board of Commissioners and shall be posted on the county's website.
(D) Evidentiary hearings and quasi-judicial decisions. The Board of Adjustment shall follow the procedures set forth in § 154.024 if making a decision or determination for which an evidentiary hearing or quasi-judicial procedure is required.
(E) Minutes.
(1) The Board of Adjustment shall keep permanent minutes of all proceedings. The minutes shall record attendance of its members, its resolutions, findings, recommendations and final actions.
(2) The minutes of the Board of Adjustment shall be public record.
(F) Powers and duties. In execution of the provisions of this chapter, the Board of Adjustment may exercise the powers as may be described elsewhere in this chapter and as permitted by G.S. § 160D-302.
(G) Final authority. The Board of Adjustment shall be responsible for final action regarding the following:
(1) Special use permits.
(2) Variances.
(3) Administrative appeals.
(Ord. passed 6-21-21)