(A) Creating the Board of Adjustment. The Swansboro hereby establishes a and provides for the appointment of the consisting of five regular members and two alternate members. Alternate members may serve in the absence or temporary disqualification of any regular member or to fill a vacancy pending appointment of a member. Alternate members are expected to attend and participate in all meetings of the board when required. Four of the regular members and one of the alternate members must be bonafide residents of the Town of Swansboro, residing within the corporate limits of the town. One of the regular members and one of the alternate members must be a bonafide resident of the town’s extraterritorial zoning jurisdiction (
) area as set out in § 152.004 as it presently exists or may be hereafter amended. Insofar as possible, members shall be appointed from different areas within the zoning jurisdiction. All members shall have equal rights, privileges, and duties with the other members regardless of whether the matters at issue arise within the town limits or within the
. All appointments to the shall be for three years. Members shall have no limitation placed on the number of consecutive terms they may hold. The may request termination of a member at their privilege and reappoint or not reappoint members.
(B) Meetings. The Board shall elect one of its members as Chairman and another as Vice-Chairman who shall serve for one year. The shall select a secretary who may or may not be a member of the , but may be an employee of the town. The Board shall draw up and adopt the rules of procedures under which it will operate. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, or in his or her absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. However, the Board may meet in executive session to vote on each case. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or his or her absence or failure to vote, indicating such fact, and also keep records of its examination and any other official action.
(C) Reserved.
(D) Power and duties. The
shall have the following powers and duties and shall hear and decide all matters upon which it is required to pass under any statute or
.
(1) To hear and decide where it is alleged by the appellant that there is error in any decision made by the
or other administrative officials in the carrying out or enforcing of any provision of the ordinance, and to hear and decide requests for when it is alleged that carrying out the strict letter of the ordinance would result in practical difficulties or unnecessary hardships. An may be taken by any
aggrieved or by an official, department, board, or bureau of the town.
(2) No change in permitted uses may be authorized by .
(3) To authorize upon in specific cases such from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. In granting any , the Board may prescribe appropriate conditions and safeguards in conformity with this chapter.
(4) A member of the Board shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected ’ constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change; undisclosed ex parte communications; a
, business, or other associational relationship with an affected ; or a financial interest in the outcome of the matter. If an objection is raised to a member’s participation at or prior to the hearing or vote on a particular matter and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection.
(5) The Board shall determine contested facts and make its decision within a reasonable time. Every
shall be based upon competent material and substantial evidence in the record. Each
shall be reduced in writing and reflect the Board’s
of contested facts and their application of applicable standards.
Every
of the Board shall be subject to review by the superior court by proceedings in the nature of certiorari pursuant to
G.S. § 160D-1402.
.
(E) from the
decision. An from the decision of the may be made to the Onslow County Superior Court within 30 days after the decision has been rendered in writing of the concise statement the Board took and why. This document can then be served on the parties and filed in the appropriate county or town , thereby commencing the running of the 30-day period.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2006-11, passed 4-18-2006; Am. Ord. passed 3-20-2007; Am. Ord. passed 6-16-2009; Am. Ord. 2010-O6, passed 2-16-2010; Am. Ord. 2010-O20, Am. Ord. passed 7-20-2010; Am. Ord. 2012-O9, passed 8-21-2012; Am. Ord. passed
1-21-2014; Am. Ord. 2021-O3, passed 5-24-2021)