(A) Officers. The Board of Adjustment shall elect a Chairperson from its membership and any other officers as the Board of Adjustment deems best.
(B) Meetings. Meetings of the Board of Adjustment shall be held pursuant to a schedule adopted pursuant to law. Special or emergency meetings of the Board of Adjustment may be held in accordance with the provisions of G.S. Ch. 143. Meetings of the Board of Adjustment shall be held at the call of the Chairperson and at any other times as the Board of Adjustment may determine. All meetings of the Board shall be held at a regular place and shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings in a book maintained for that purpose only, showing the vote of each member upon each question, or, if absent or failing to vote, an indication of the fact. Final disposition of appeals shall be by recorded resolution indicating the reasons of the Board of Adjustment therefore, all of which shall be a public record. No final action shall be taken on any matter unless a quorum of the Board of Adjustment is present.
(C) Appeals. An appeal to the Board of Adjustment may be taken by any person, firm, or corporation aggrieved, or by any governmental officer, department, board, or agency affected by any decision of the Administrative Official, based in whole or in part upon the provisions of this chapter. Appeals shall be taken pursuant to the requirements of § 154.275 herein.
(D) Voting. The concurring vote of a majority of the members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of any Administrative Official charged with enforcement of this chapter or to decide in favor of the applicant any matter which it is required to pass under this chapter a vote of four of the five members shall be necessary to grant a variance.
(E) Rules of procedure. Rules of procedure that are consistent with the provisions of this chapter may be adopted by the Town Board for the Board of Adjustment. In the absence of action by the Town Board, the Board of Adjustment is authorized to adopt its own rules of procedure that are consistent with the provisions of G.S. Ch. 160D. A copy of any adopted rules of procedure shall be maintained by the Clerk to the Town Board and shall be posted on the town’s website.
(F) Quasi-judicial decisions. The Board of Adjustment shall follow the procedures set forth in § 154.279 herein if making a decision or determination for which a quasi-judicial hearing is required.
(G) All members appointed to the Board of Adjustment shall, before entering their duties, qualify by taking an oath of office as required by G.S. § 160A-161.
(H) The Board of Adjustment shall keep permanent minutes of its proceedings. The minutes shall record attendance of its members; its resolutions, findings and recommendations; and final actions. The minutes of the Board of Adjustment shall be public record.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021)