(A) The Liberty Planning Board shall serve as the Board of Adjustment and/or the Watershed Review Board for this chapter. There shall be 2 alternate members of the Board of Adjustment. The members appointed as alternate members (one from the extraterritorial jurisdiction and one from inside the town limits) shall be the Planning Board member from each type of representation which has the least time of service. The alternate member shall be appointed as a regular member upon appointment of a new Planning Board member from his or her designated area.
(B) The alternate members of the Board of Adjustment shall be called upon to attend only those meetings and hearings at which one or more members are absent or unable to participate in the hearing of a case because of financial or other interest.
(C) Members of the Planning Board, when acting as the Board of Adjustment and/or Watershed Review Board, shall serve without compensation, but may be reimbursed for direct expenses incurred in connection with the discharge of their duties.
(D) Members length of term and filling of vacancies shall be as provided for in the Liberty Town Code for members of the Liberty Planning Board.
(E) Extraterritorial members shall have equal rights, privileges and duties as the members who live inside the town limits.
(F) The Board of Adjustment shall operate under the organizational and administrative procedures established in its by-laws and the State of North Carolina.
(G) The Board of Adjustment shall have the following powers and duties:
(1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the Zoning Administrator; and
(2) Hear and grant a properly filed request for a variance from the terms of this chapter where practical difficulties or unnecessary hardships would result from carrying out the strict letter of this chapter and where the requested variance serves to observe the sprite of the ordinance, secure public safety and welfare, and do substantial justice. Nothing in this section shall be construed to authorize the Board of Adjustment to permit a use in a district where that use is neither a permitted use nor a permissible special use.
(H) Before a variance is granted, the following conditions must exist:
(1) The alleged hardships or practical difficulties are unique and singular as regards the property of the person requesting the variance and are not those suffered in common with other property similarly located;
(2) The alleged hardship and practical difficulties, which will result from failure to grant the variance, extend to the inability to use the land in question for any use in conformity with the provision of this chapter and include substantially more than mere inconvenience and inability to attain a higher financial return;
(3) The variance, if allowed, will not substantially interfere with or injure the rights of others whose property would be affected by allowance of the variance;
(4) The variance is in harmony with and serves the general intent and purpose of this chapter and the adopted Land Development Plan; and
(5) That allowing the variance will result in substantial justice being done, considering both the public benefits intended to be secured by this chapter and the individual hardships that will be suffered by a failure of the Board to grant a variance.
(I) Any person aggrieved by any decision, order, requirement or determination by the Zoning Administrator in the administration of this chapter may appeal to the Board of Adjustment. An appeal shall specify the reasons for the appeal and be submitted within a reasonable time. The Zoning Enforcement Officer Administrator shall transmit to the Board all papers and other records of the case.
(J) (1) An appeal stays all proceedings unless the Zoning Enforcement Officer Administrator certifies that a stay would, in his or her opinion, cause imminent peril to life or property.
(2) In those cases, proceedings shall not be stayed other than by a restraining order granted by the Board of Adjustment or by a court.
(3) The Board of Adjustment shall fix a reasonable time to hear and decide the appeal. At the hearing, any party may appear in person, by agent or by attorney.
(K) Any appeal from the decision of the Board of Adjustment shall be taken to the Superior Court within 30 days.
(L) The Board of Adjustment shall refuse to hear any case it has previously denied if it finds that there has been no substantial change in the conditions or circumstances.
(M) The concurring vote of 4/5 of the members of the Board of Adjustment shall be necessary:
(1) To reverse any order, requirement, decision or determination of the Zoning Administrator Enforcement Officer;
(2) To decide in favor of the applicant any matter upon which it is required to pass under this chapter; and/or
(3) Or to effect any variance authorized by this chapter.
(N) Applications for variances, requests for interpretations and appeals for review of decisions of the Zoning Administrator shall be filed with the Zoning Administrator, as agent for the Board, on forms provided by the Zoning Administrator at least 20 days prior to the Board of Adjustment meeting at which the request will be considered. For a fully dimensional plat of the property with sufficient information to illustrate the necessity for the variance shall be submitted along with the application.
(O) The town shall advertise the application for an appeal or variance as required by the current G.S. Ch. 160A, as may be amended.
(P) After conducting the public hearing, the Board shall approve, approve conditionally, or disapprove the request.
(1981 Code, § 303) (Ord. passed 6-28-2004)