(A) The decision of the Board of Adjustment must include findings of fact and conclusions of law and must be based upon substantial evidence or testimony that is competent, relevant, and material. Findings concerning the existence or nonexistence of crucial facts must be based upon sworn evidence or testimony unless the party or parties before the Board of Adjustment stipulate the facts or waive this requirement. Every decision of the Board of Adjustment must also include the vote, abstention from voting, or absence of each member.
(1) Appeals for variances shall be filed with the Zoning Administrator, who shall transmit all such records to the Board of Adjustment.
(2) The Board of Adjustment shall fix a reasonable time, not to exceed 30 days, for the hearing of the variance.
(3) The Zoning Administrator shall post a sign on any property for which a variance has been requested. The sign shall state the date, time, and a phone number to call for information on the variance, and shall be posted at least 10 days, but not more than 25 days prior to the hearing date.
(4) The concurring vote of 4/5 of the board shall be necessary to grant a variance.
(5)
Each decision of the Board of Adjustment is subject to review by the Vance County Superior Court. Any appeal to the Superior Court shall be taken within 30 days after the decision of the Board of Adjustment is filed in the Office of the Zoning Administrator, or after a written copy of the decision is delivered to the appellant by mail, or personal service, whichever is later.
(B) Additional evidence. Notwithstanding any other provision of this chapter, the Board of Adjustment may require additional evidence, as part of the initial application and hearing process, or memoranda of authority to be submitted, and may reserve its decision until such evidence or memoranda have been submitted and considered.
(Ord. 39, passed 10-3-2011; Am. Ord. passed 12-1-2014; Am. Ord. 5-3-2021)