The following regulations apply to all applications submitted to the Board of Adjustment.
(A) Before a petition for an administrative appeal, interpretation, variance, relief under § 153.278 or for any permissions under §§ 153.053 or 153.279 shall be heard and a public hearing conducted by the Board of Adjustment, a completed application shall be submitted to the Administrator along with a fee in accordance with fee schedule established by the City Council. The fee shall be waived for any petition initiated by the Administrator or other official of the city who initiates a request on behalf of the city. A map clearly identifying the subject property and all contiguous pieces of properties shall accompany the application. In addition, the applicant shall provide a list of names and addresses of the owners of the properties, obtained from the most recent official tax records.
(B) The Board of Adjustment shall hold a public hearing on an application no later than 60 days after the completed application has been filed with the Administrator. The Board of Adjustment shall decide on the matter that was presented at the public hearing within 31 days of the close of the public hearing. The decision of the Board of Adjustment shall be in writing and signed by the chair or other duly authorized member of the Board. The decision is effective upon filing the written decision with the clerk to the Board. The decision shall be sent by first class mail to the applicant, property owner and to any person who has submitted written request for a copy, prior to the date the decision becomes effective by the Administrator within five working days after the Board of Adjustment has made a determination on the application. The Administrator shall certify that proper notice has been made.
(C) The city shall give notice of all public hearings. The notice shall become a part of the record of the proceedings of the Board of Adjustment. Notice shall be given in the following manner.
(1) The city shall send notices by first class mail to the applicant, to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing; and to owners of all contiguous pieces of property at least ten working days, but not more than 25 days, prior to the public hearing. The notice shall indicate the nature of the public hearing and the date, time and place at which it is to occur. In the absence of evidence to the contrary, the city may rely on the county tax listing to determine owners of property entitled to mailed notice.
(2) Notice shall also be posted by the Administrator in a conspicuous location in the City Hall at least ten working days prior to the public hearing. The notice shall indicate the nature of the public hearing and the date, time and place at which it is to occur.
(3) A conspicuous sign shall also be placed by the city in a conspicuous location on the subject property(ies) indicating the nature of the public hearing and date, time and place at which it is to occur. The sign shall be placed on the property(ies) at least ten working days but not more than 25 days, prior to the hearing.
(4) The applicant, the city, and any person who would have standing to appeal the decision under G.S. § 160D-1402(c) shall have the right to participate as a party at the evidentiary hearing. Other witnesses may present competent, material, and substantial evidence that is not repetitive as allowed by the Board. Objections regarding jurisdictional and evidentiary issues, including, but not limited to, the timeliness of an appeal or the standing of a party, may be made to the Board. The Board chair shall rule on any objections, and the chair's rulings may be appealed to the full Board.
(D) The concurring vote of four-fifths of the Board of Adjustment shall be necessary to grant a variance. A majority of the members shall be required to decide any other quasi-judicial matter or to determine an appeal made in the nature of certiorari. For the purposes of this provision, 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 majority if there are no qualified alternates available to take the place of such members. In all matters coming before the Board of Adjustment, the applicant shall have the burden of providing clear, competent and material evidence in support of the application.
(Prior UDO, § 15.6) (Ord. ZTA-3-2013, passed 10-3-2013; Ord. passed - - ) Penalty, see § 153.999