The Zoning Board of Adjustment
have the
powers and duties:
(A) Administrative review. To hear and decide appeals where it is alleged there is error in an order, requirement, decision, determination or interpretation made by the
in the enforcement of this chapter pursuant to any of the
:
(1) Any
who has standing under G.S. § 160D-1402(c) or the town
appeal a decision to the board of adjustment. An appeal is taken by filing a notice of appeal with the Town Clerk. The notice of appeal
state the grounds for the appeal.
(2) The official who made the decision
give
notice to the
of the
that is the subject of the decision and to the party who sought the decision, if different from the
. The
notice
be delivered by personal delivery, electronic mail, or by first-class mail.
(3) The
or other party
have 30 days from receipt of the
notice within which to file an appeal. Any other
with standing to appeal
have 30 days from receipt from any source of actual or constructive notice of the decision within which to file an appeal.
(4) It
be conclusively presumed that all
with standing to appeal have constructive notice of the decision from the date a sign containing the words "Zoning Decision" or "Subdivision Decision" in letters at least 6 inches high and identifying the means to contact an official for information about the decision is prominently posted on the
that is the subject of the decision, provided the sign remains on the
for at least 10 days. Posting of signs is not the only form of constructive notice. Any such posting
be the responsibility of the landowner or applicant. Verification of the posting
be provided to the official who made the decision. Absent an ordinance provision to the contrary, posting of signs
not be required.
(5) The official who made the decision
transmit to the board all documents and exhibits constituting the record upon which the action appealed from is taken. The official
also provide a copy of the record to the appellant and to the
of the
that is the subject of the appeal if the appellant is not the
.
(6) An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from unless the official who made the decision certifies to the board of adjustment after notice of appeal has been filed that because of the facts stated in an affidavit, a stay would cause imminent peril to life or
or because the violation is transitory in nature, a stay would seriously interfere with enforcement of the ordinance. In that case, enforcement proceedings
not be stayed except by a restraining order, which
be granted by a court. If enforcement proceedings are not stayed, the appellant
file with the official a request for an expedited hearing of the appeal, and the board of adjustment
meet to hear the appeal within 15 days after such a request is filed. Notwithstanding the foregoing, appeals of decisions granting a
or otherwise affirming that a proposed use of
is consistent with the ordinance
not stay the further review of an application for
or permissions to use such
; in these situations the appellant
request and the board may grant a stay of a final decision of
applications or
affected by the issue being appealed.
(7) Subject to the provisions of subdivision (6) of this subsection, the board of adjustment
hear and decide the appeal within a reasonable time.
(8) The official who made the decision
be present at the hearing as a witness. The appellant
not be limited at the hearing to matters stated in the notice of appeal. If any party or the city would be unduly prejudiced by the presentation of matters not presented in the notice of appeal, the board
continue the hearing. The board of adjustment
reverse or affirm, wholly or partly, or
modify the decision appealed from and
make any order, requirement, decision, or determination that ought to be made. The board
have all the powers of the official who made the decision.
(9) When hearing an appeal pursuant to G.S. Chapter 160D, Article 4 or any other appeal in the nature of certiorari, the hearing
be based on the record below and the scope of review
be as provided in G.S. § 160D-1402(c).
(10) The parties to an appeal that has been made under this subsection
agree to mediation or other forms of alternative dispute resolution. The ordinance
set standards and procedures to facilitate and manage such voluntary alternative dispute resolution.
(B) Variances. To authorize, upon appeal, variations or modifications of any regulation or provision of this chapter relating to the dimensional requirements, construction or alteration of
or other provisions, so that the spirit of this chapter is observed, public safety and welfare secured and substantial justice done; however, the Zoning Board of Adjustment
not
a use of land,
or
which is not permitted by right or by a in the district involved.
(1) The Zoning Board of Adjustment
issue a variance only on the basis of affirmative findings of fact for all of the
criteria:
(a) There are practical difficulties or unnecessary hardships in carrying out the strict letter of this chapter, as demonstrated by:
(b) The hardship results from conditions that are peculiar to the
, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the
or the general public,
not be the basis for granting a variance.
(c) The hardship did not result from actions taken by the applicant or the
. The act of purchasing
with knowledge that circumstances exist that
justify the granting of a variance
not be regarded as a self-created hardship.
(d) The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that is secured, and substantial justice is achieved. No change in permitted uses
be authorized by variance.
(2) Appropriate conditions
be imposed on any variance, provided that the conditions are reasonably related to the variance.
(C) Minor Special Uses; conditions governing application. To grant, in particular cases and subject to appropriate conditions and safeguards, permits for Minor Special Uses as authorized by this chapter and set forth as special uses under the various use districts.
(1) The Zoning Board of Adjustment
not grant a
unless and until:
(a) A
application for a
be submitted indicating the section of this chapter under which the
is sought.
(b) A public hearing is held pursuant to § 154.182.
(2) If the Board of Adjustment finds that in the particular case in question, the use for which the
is sought will not adversely affect the health or safety of the
residing or working in the
of the proposed use and will not be detrimental to the public welfare or injurious to
or public improvements in the
, a
may be granted. In granting such a
, the Zoning Board of Adjustment
designate the conditions in connection therewith as will, in its opinion, assure that the proposed use will conform to the requirements and spirit of this chapter.
(3) If at any time after a
has been issued the Board of Adjustment finds that the conditions imposed and agreements made have not been or are not being fulfilled by the holder of a
, the
be terminated and the operation of the use discontinued. If the
is terminated for any reason, it
be reinstated only after a public hearing is held.
(4) The Zoning Board of Adjustment
ask for the submission of a preliminary site plan where a site plan is not required by this chapter.
(5) Before any special use permit is issued, the Zoning Board of Adjustment
make
findings certifying compliance with the specific rules governing the individual special use and that satisfactory provision and arrangement has been made concerning the following where applicable:
(a) Satisfactory ingress and egress to
and proposed
thereon with particular reference to automotive/pedestrian safety and convenience and traffic flow and control.
(b) Provision of off-
parking and loading areas where required, with particular attention to ingress, egress, traffic flow, and the economic, noise, glare and odor effects of the special use on adjoining properties in the area.
(c) Utilities with reference to locations, availability and compatibility.
(d) Buffering with reference to type, location and dimensions.
(e) Playgrounds, open spaces,
, landscaping, access ways and pedestrian ways with reference to location, size and suitability.
(f)
and
with reference to location, size and use.
(D) Temporary uses. Except as otherwise provided in this chapter, the Zoning Board of Adjustment
grant a temporary use
to allow a use not ordinarily permitted in the district, provided that the
has a fixed expiration date, and the applicant satisfies any conditions imposed by the Zoning Board of Adjustment.
(E) Watershed Review Board. Unless Watershed Review Board functions are otherwise designated by the Mills River Town Council, the Mills River Zoning Board of Adjustment hear and decide cases which arise from appeals or perform other proper administrative functions pursuant to the provisions set forth in the Mills River Town Code.
(F) Major Special Uses. The Zoning Board of Adjustment
have the authority to hear and grant, grant with conditions or deny an application for a Major
where the Mills River Town Council has determined that the Mills River Town Council cannot hear the application due to conflict of interest, bias, lack of a quorum or other similar reasons and has specifically delegated its authority to hear and decide the application to the Zoning Board of Adjustment by resolution. In such event, the Board of Adjustment
have all of the powers and duties of the
as defined in § 154.180(A). Notice requirements of § 154.182
apply.
(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00083, passed 10-10-2013; Am. Ord. 2021-06, passed 4-22-2021; Am. Ord. 2022-18, passed 12-8-2022; Am. Ord. 2024-02, passed 2-22-2024)