The Board of Adjustments may require such conditions as shall, in its judgment, secure substantially the objectives of the standards or requirements of this chapter.
(A) Procedures. A petition for any such variance shall be submitted in writing by the subdivider to the Board of Adjustments for review. The petition shall state fully the grounds for the application and all the facts relied upon by the petitioner. The Board of Adjustments shall make the final decision as to whether the variance(s) are, or are not, justified and for what reason and, if justified, under what terms and conditions. The concurring vote of four-fifths of the Board shall be necessary to grant a variance. No preliminary or final plat shall be approved until any questions of variances have been resolved.
(B) Time applicability. Any variance granted under the terms of this chapter shall expire 12 months from the date on which the variance was granted, in the event the plat has not been recorded.
(C) Appeal. Any final decision by the town’s Planning Board may be appealed to the Board of Aldermen within 30 days following the decision. The notice of the quasi-judicial evidentiary hearing shall be in accordance with G.S. § 160D-406(b). The hearing shall be conducted in accordance with G.S. § 160D-406(b).
(Ord. passed 11-8-2010; Ord. passed 5-11-2021)