(A) Authority and establishment. The Board of Adjustment is hereby established in accordance with G.S. § 160A-388.
(B) Membership. The Board of Adjustment shall consist of six members, five members residing within the town shall be appointed by the Town Board of Commissioners and one member residing in the ETJ shall be appointed by the County Commissioners.
(C) Quorum. A majority of the six members of the Board of Adjustment excluding vacancies shall constitute a quorum.
(D) Voting. The concurring vote of five-sixths of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official charged with the enforcement of this chapter, or to decide in favor of the applicant any matter upon which it is required to pass under this chapter, or to grant a Variance from the provisions of this chapter. For the purposes of this section, vacant positions on the Board and members who are disqualified from voting on a quasi-judicial matter shall not be considered “members of the Board” for calculation of the requisite super-majority if there are no qualified alternates available to take the place of such members. (G.S. § 160A-388(e))
(E) Powers and duties. In the application and enforcement of this chapter, the Board of Adjustment shall have the following powers and duties: final approval authority:
(1) Variances;
(2) Special use permits;
(3) Appeals of administrative decisions;
(4) Appeals of denials of zoning permits;
(5) Appeals of denials for minor subdivision approval;
(6) Appeals of denials for recombination plat approval;
(7) Appeals of chapter interpretations; and
(8) Appeals of denials for site plan approval.
(Ord. passed 3-5-2018)