The Board shall have the following powers and duties:
(A) Administrative review. To hear and decide appeals from and review any order, requirement, decision, or determination made by an administrative official charged with enforcement of this chapter.
(B) Interpretation. To interpret the terms of this chapter and zoning maps and to pass upon disputed questions of lot lines or district boundary lines and similar questions as they arise in the administration of this chapter.
(C) Conditional use and special use permits. To hear and decide special use permits in accordance with standards and procedures specified in this chapter. Reasonable and appropriate conditions may be imposed upon these permits. Conditions may not be imposed on special use permits that the town does not otherwise have statutory authority to impose.
(D) Subpoena. The Chair, or in the Chair's absence anyone acting as the Chair, may subpoena witnesses and compel the production of evidence. To request issuance of a subpoena, persons with standing under G.S. § 160D-1402(c) may make a written request to the Chair explaining why it is necessary for certain witnesses or evidence to be compelled. The Chair shall issue requested subpoenas he or she determines to be relevant, reasonable in nature and scope, and not oppressive. The Chair shall rule on any motion to quash or modify a subpoena. Decisions regarding subpoenas made by the Chair may be appealed to the full Board. If a person fails or refuses to obey a subpoena issued pursuant to this section, the Board or the party seeking the subpoena may apply to the General Court of Justice for an order requiring that its subpoena be obeyed, and issue these orders after notice to all proper parties the court shall have jurisdiction to issue these orders after notice to all proper parties.
(E) Oath. The Chair of the Board, or any member acting as chair, and the Clerk to the Board are authorized to administer oaths to witnesses in any matter coming before the Board. Any person willfully swears falsely is guilty of who, while under oath during a proceeding before the Board, willfully swears falsely is guilty of a Class 1 misdemeanor.
(F) Variance; in general. When unnecessary hardships would result from carrying out the strict letter of the UDO, the Board may vary any of the provisions of the UDO upon a showing of all of the following:
(1) Unnecessary hardship would result from the strict application of the UDO. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
(2) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance.
(3) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.
(4) The requested variance is consistent with the spirit, purpose, and intent of the UDO, such that public safety is secured, and substantial justice is achieved. Provided, however, no change in permitted uses may be authorized by variance. Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance.
(G) Variance; Federal Fair Housing Act. Notwithstanding the provisions of division (F) above, the Board may provide for a variance under the Federal Fair Housing Act upon the following:
(1) Application requirements; determination of completeness.
(a) Persons authorized to file applications. An application for a reasonable accommodation may be filed only by the owner of the land affected by the reasonable accommodation; an agent, lessee, or contract purchaser specifically authorized by the owner to file such application; or any unit of government that is not the owner of the lot but proposes to acquire the lot by purchase, gift, or condemnation.
(b) Pre-application conference. Before filing an application for a reasonable accommodation, the applicant may request a pre-application conference with the Zoning Administrator.
(c) Application filing. An application for a reasonable accommodation shall be filed with the Zoning Administrator. No filing fee is required for such application. Once the application is complete, the Zoning Administrator shall schedule the application for consideration at a hearing before the Board, and shall transmit to the Board all applications and other records pertaining to such reasonable accommodation prior to the hearing on the application.
(2) Approval criteria. The Board shall grant a reasonable accommodation to any provision of the UDO if it finds by a greater weight of the evidence that the proposed reasonable accommodation is determined to be both reasonable and necessary, in accordance with the following:
(a) Reasonable. An accommodation will be determined to be reasonable if it would not undermine the legitimate purposes and effects of existing planning regulations, and if it will not impose significant financial and administrative burdens upon the town and/or constitute a substantial or fundamental alteration of the UDO's provisions; and
(b) Necessary. An accommodation will be determined to be necessary if it would provide direct or meaningful therapeutic amelioration of the effects of the particular disability or handicap, and would afford an equal opportunity to enjoy and use housing in residential areas in the town.
(3) Effect of approval or denial.
(a) After the Board approves a reasonable accommodation, the applicant shall follow the normal procedures set forth in the UDO, and any other applicable ordinance, for approval of any permits, certificates, and other approvals required in order to proceed with development or use of the property. All orders, decisions, determinations, and interpretations made by administrative officers under those procedures shall be consistent with the reasonable accommodation granted by the Board.
(b) The Board shall refuse to hear a reasonable accommodation request that has been previously denied, unless it finds that there have been substantial changes in the conditions or circumstances relating to the matter.
(4) Lapse. Failure of an applicant to apply for a building permit or any other required development permit, and commence uninterrupted construction or action with regard to a variance granted hereunder within one year of receiving approval of the reasonable accommodation shall automatically render the variance null and void.
(H) Decision. As used in this chapter, the term "decision" includes any final and binding order, requirement, or determination for special use permits. The Board shall follow quasi-judicial procedures when deciding appeals and requests for variances and special use permits. The Board shall hear and decide all matters upon which it is required to pass under any statute or this subchapter.
(Ord. passed 4-14-2015; Ord. passed - -2021; Ord. passed 7-6-2022, §§ 2.7, 2.8; Ord. passed 2024)