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In keeping with the purpose of these regulations to accomplish coordinated, balanced, and harmonious development in a manner which will best promote the health, safety, and general welfare while avoiding undue and unnecessary hardships, the Village Planner is authorized to approve certain requests for deviation from dimensional standards.
(A) Required Application Information: General Concept Plan (Appendix C
) (may be modified by Village Planner as appropriate) and any other relevant information to demonstrate undue and unnecessary hardship.
(B) Conditions for Modification of Setbacks: Requests for deviation from required setbacks set forth in this ordinance by up to ten percent (10%) of the required setbacks or twenty-four (24) inches, whichever is less, may be considered upon determination that one (1) or more of the following conditions exists:
(1) There are site or structural conditions that preclude strict adherence to the setback requirements, such as, but not limited to: the lot does not meet the dimensional standards established for the zoning district in which it is located; the lot has topographic limitations that require placement of the structure into the required setback area; or the structure is physically in line with an existing, legally established wall or walls of a principal structure already within the minimum setback area.
(2) Any part of the proposed structure that would encroach into the minimum setback area is less than fifty percent (50%) of the width of the affected building facade(s).
(3) The part of the proposed structure that encroaches into the minimum setback area is necessitated by a life-safety code, flood hazard reduction, Americans with Disabilities Act standard, or other public safety code requirements.
(4) The proposed structure will allow the preservation of significant existing vegetation.
(5) A good faith error was made in the location of a building foundation not exceeding one (1) foot due to either field construction or survey error.
(C) Limitation on Administrative Discretion: The Village Planner has no discretion to modify any requirements found in PDO Chapter 8 Supplemental Requirements.
(D) All Decisions to be in Writing: Prior to rendering a decision, the Village Planner shall notify the Village Manager in writing of any minor deviation for approval.
(E) Administrative Authority is Permissive Only: The authority given to the Village Planner to grant such modification shall be construed to be permissive and not mandatory and the Village Planner may decline to make such modification. Nothing in this section shall be construed as limiting the Village Planner's duties and rights under this chapter, or an applicant's right to appeal the decision of the Village Planner to the Board of Adjustment.
(F) Public Notification: None required
(G) Appeals: In the event that the Village Planner declines to make a modification to the dimensional standards, the applicant shall have the right to submit an application to the Board of Adjustment to grant a variance to these requirements or to submit an application to appeal the Village Planner's ruling in accordance with Chapter 5.
(Ord. 14-35, passed 09-24-2014)
Appeals to the Zoning Board of Adjustment from the decisions of the Village's administrative staff on actions and/or decisions pursuant to this ordinance or other ordinances that regulate land use or development are allowed under this Ordinance in order to ensure that any enforcement action taken by such an administrative office pursuant to duties assigned by this Ordinance, is consistent with the terms and purposes of this Ordinance and any related policies or ordinances adopted by the Village. It is the intention of this Section that all questions arising in connection with the enforcement of the zoning provisions of this Ordinance shall be presented first to the Village Planner, that such questions shall be presented to the Zoning Board of Adjustment only on appeal from the decisions of those departments, and that recourse from the decision of the Zoning Board of Adjustment shall be to the courts. It is further the intention of this Section that the duties of the Village Council in connection with this Ordinance shall not include the hearing or passing upon disputed questions that may arise in connection with the enforcement thereof.
(A) Process for Administrative Appeals:
Any order, requirement, permit, decision, determination, or refusal made by any administrative officer in enforcing the provisions of this Ordinance may be appealed to the Zoning Board of Adjustment. The official who made the decision shall give written notice to the owner of the property.
(A) An application for an appeal shall be filed with the Village Clerk on an appeal form using the Village’s Online Permit Center along with the associated fee as prescribed on the most recent Village of Pinehurst fee schedule;
(B) The application shall be filed no later than thirty (30) days after the date of the contested action has been provided in writing. Any other person with standing to appeal shall have thirty (30) days from the receipt from any source of actual or constructive notice of the decision in which to file;
(C) The application shall contain or be accompanied by the information required on the application form and shall state the grounds for the appeal;
(D) The Village Planner shall determine whether the appeal application is complete. If the Village Planner determines that the application is not complete, then he or she shall notify the applicant in writing of any deficiencies and shall take no further steps to process the application until the deficiencies are remedied. Once the application is complete, the Village Planner shall schedule the appeal for consideration at a quasi-judicial public hearing before the Zoning Board of Adjustment;
(E) The official who made the decision shall transmit to the board all documents and exhibits constituting the record upon which the action appealed from is taken. The official shall also provide a copy of the record to the appellant and to the owner of the property that is the subject of the appeal if the appellant is not the owner;
(F) 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 property or because the violation is transitory in nature, a stay would seriously interfere with enforcement of the ordinance. In that case, enforcement proceedings shall not be stayed except by a restraining order, which may be granted by a court. If enforcement proceedings are not stayed, the appellant may file with the official a request for an expedited hearing of the appeal, and the board of adjustment shall meet to hear the appeal within fifteen (15) days after such a request is filed. Notwithstanding the foregoing, appeals of decisions granting a permit or otherwise affirming that a proposed use of property is consistent with the ordinance shall not stay the further review of an application for permits or permissions to use such property; in these situations the appellant may request and the board may grant a stay of a final decision of permit applications or building permits affected by the issue being appealed;
(G) Subject to the provisions of subdivision (F) of this subsection, the board of adjustment shall hear and decide the appeal within a reasonable time;
(H) The official who made the decision shall be present at the hearing as a witness. The appellant shall not be limited at the hearing to matters stated in the notice of appeal. If any party or the Village would be unduly prejudiced by the presentation of matters not presented in the notice of appeal, the board shall continue the hearing. The board of adjustment may reverse or affirm, wholly or partly, or may modify the decision appealed from and shall make any order, requirement, decision, or determination that ought to be made. The board shall have all the powers of the official who made the decision;
(I) The parties to an appeal that has been made under this subsection may agree to mediation or other forms of alternative dispute resolution. The ordinance may set standards and procedures to facilitate and manage such voluntary alternative dispute resolution.
(Ord. 21-12, passed 07-27-2021; Ord. 21-14, passed 10-26-2021)
(A) Upon receiving the application materials from the Village Planner, the Zoning Board of Adjustment shall hold a quasi-judicial public hearing on the appeal. Notice of the public hearing shall be provided and the public hearing shall be conducted in accordance with Section 4.1 of this Ordinance;
(B) Either at the public hearing or a subsequent meeting, the Zoning Board of Adjustment shall adopt a resolution reversing, affirming, or modifying the contested action;
(C) In reversing, affirming, or modifying the contested action, the Zoning Board of Adjustment shall have all relevant powers of the administrative officer from whom the appeal was taken;
(D) The Zoning Board of Adjustment shall not reverse or modify the contested action unless it finds that the administrative officer erred in the application or interpretation of the terms of this Ordinance or related policies adopted by the Village;
(E) The Zoning Board of Adjustment shall not reverse or modify the contested action unless there is a concurring vote of a majority of the members.
(Ord. 21-12, passed 07-27-2021)
In the event that the Zoning Board of Adjustment reverses or modifies the contested action, all subsequent actions taken by administrative officers with regard to the subject matter shall be in accordance with the reversal or modification granted by the Zoning Board of Adjustment.
Any appeal from the decision of the Zoning Board of Adjustment in regards to administrative review shall be to the Superior Court of Moore County by petition for a writ of certiorari. Any such petition to the Superior Court shall be filed no later than thirty (30) days after the date the decision of the Zoning Board of Adjustment is filed in the Village Planner's office. The copy of the decision shall be delivered either by personal delivery, electronic mail or first-class mail to the applicant, property owner, and to any person who has submitted a written request for a copy, prior to the date the decision becomes effective. When first-class mail is used to deliver notice, three (3) days shall be added to the time to file the petition.
(Ord. 14-35, passed 09-24-2014; Ord. 21-12, passed 07-27-2021)