(A) Establishment and procedure of the Board of Adjustment (G.S. Chapter 160D).
(1) The Chairperson of the Board of Adjustment is authorized in his or her official capacity to administer oaths to witnesses in any matter coming before the Board. Any member of the Board, while acting as Chairperson, shall have and may exercise like authority.
(2) All meetings of the Board shall be held at a regular place and shall be open to the public. The Board shall keep minutes of its proceedings, showing the decision of the Board upon each question, or if absent or failing to vote, an indication of such fact, and the final disposition of appeals shall be by recorded resolution indicating the reasons of the Board thereof, all of which shall be a public record.
(3) A concurring vote from the simple majority of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Administrator or to grant a special use permit.
(4) A concurring vote of four-fifths majority of the Board shall be necessary to grant a variance from the provision of this chapter.
(B) Membership.
(1) The Board of Adjustment is created, which shall consist of five members and six alternates, who shall all be citizens of the county. These members shall be appointed by the Board of County Commissioners for staggered three-year terms. Alternates shall also be appointed to three-year terms.
(2) The Board of Adjustment shall elect one of its members as Chairperson and another as Vice-Chairperson and shall appoint a secretary to keep minutes of its proceedings. The Board shall adopt such rules and regulations as it may deem necessary to carry into effect the provisions of this section. These rules and regulations shall be designated in the county’s Board of Adjustment by-laws, which shall be kept on file in the county’s Planning Department Office.
(3) Initial appointment of the members shall be as follows:
(a) One member for a term of three years, two members for a term of two years, and two members for a term of one year;
(b) Vacancies shall be filled for unexpired terms only; and
(c) Members shall be removed for cause by the Board of Commissioners upon written charges and after a public hearing.
(d) The members of the Board of Adjustment may receive for their services per diem compensation the amount of which shall be fixed by the county’s Board of Commissioners.
(C) Powers and duties. The Board of Adjustment shall have the following powers and duties:
(1) Administrative review (appeal of the Administrator). The Board of Adjustment shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Administrator in the enforcement of this chapter with the exception of those decisions related to the subdivision regulations of this chapter, as well as decisions of the Development Review Board (DRB). Appeals from the enforcement and interpretation of this chapter shall be filed with the Administrator specifying the grounds thereof, within 30 days of the date the decision was made. The Administrator shall transmit to the Board of Adjustment all applications and records pertaining to such appeals and variances. The Board of Adjustment shall fix a reasonable time for the hearing of appeal, giving notice to all participants by first class mail. The Board of Adjustment shall have the authority to waive penalties in cases where the Administrator’s decision is overturned or amended, and if the penalty was assessed during the time period allotted for appeal.
(2) Variance. To authorize upon appeal in specific cases such variances from the terms of the zoning and airport height control regulations contained within this chapter as will not be contrary to the public interest where, owing to special conditions a literal enforcement of the provisions of the chapter will, in an individual case, result in practical difficulty or unnecessary hardship, so that the spirit of the chapter shall be observed, public safety and welfare secured, and substantial justice done.
(3) Special use permits. The Board of Adjustment shall hear and decide to issue special use permits as prescribed in this chapter. Prior to the granting of any special use permit, the Board of Adjustment may stipulate, such conditions and restrictions upon the establishment, location, reconstruction, maintenance, and operation of the special use as it deems necessary to secure compliance with the standards and requirements specified herein. In all cases in which special use permits are granted, the Board of Adjustment shall require such evidence and guarantees as it may deem necessary as proof that the provisions of this section have been met. Procedures for special use permit hearings shall be found in §§ 153.300 through 153.304.
(6) Watershed Review Board. The Board of Adjustment shall serve as the acting Watershed Review Board.
(7) Flood Damage Prevention Appeal Board. The Board of Adjustment shall serve as the acting Flood Damage Prevention Board.
(Ord. passed 10-17-2011; Res. passed 2-17-2014; Res. passed 11-16-2020)