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It shall be the duty of the Building Inspector to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Building Inspector upon a form furnished by him or her. Applications required by this subchapter to be submitted to the Building Inspector shall be promptly considered and granted or denied by him or her. Applications for action by the Board of Adjustment shall be forthwith transmitted by the Town Administrator.
(Prior Code, § 150.08) (Ord. passed 3-14-1963)
(A) There is created a Board of Adjustment to have and exercise the following powers:
(1) To hear and decide appeals from any order, requirement, decision or determination made by the Building Inspector in the enforcement of this subchapter;
(2) To hear and decide special exceptions to the terms of this subchapter upon which the Board of Adjustment under the regulations may be required to pass; and
(3) To hear and decide specific variances.
(B) The Board of Adjustment shall consist of five members appointed by the Town Council and each shall serve for a term of three years and until his or her successor is duly appointed and qualified. Of the members first appointed, one shall be appointed for a term of one year, two for a term of two years and two for a term of three years. Members shall be removable by the appointing authority for cause, upon written charges, after a public hearing.
(C) (1) The Board of Adjustment shall adopt rules for its convenience and procedure in harmony with the provisions of this subchapter. Meetings of the Board of Adjustment shall be held at the call of the Chairperson and at such other times as the Board of Adjustment may determine. The Chairperson or, in his or her absence, the acting Chairperson may administer oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment shall be public.
(2) The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such facts and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the Town Administrator and shall be a public record.
(D) The Board of Adjustment shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from the facts in reversing, affirming or modifying any order, requirement, decision or determination which comes before it under the provisions of this subchapter.
(E) The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to reverse any order, requirement, decision or determination of the Building Inspector or to decide in favor of the applicant of any matter upon which it is required to pass under this subchapter or to effect any variation in this subchapter.
(Prior Code, § 150.09) (Ord. passed 3-14-1963)
(A) Appeals.
(1) Any person aggrieved or any taxpayer affected by any decision of the Building Inspector made in his or her administration of this subchapter, if of the opinion that a decision of the Building Inspector is an improper application of these regulations, may appeal to the Board of Adjustment.
(2) All appeals hereunder must be taken within a reasonable time, as provided by the rules of the Board of Adjustment, by filing with the Town Administrator a notice of appeal specifying the grounds thereof. The Town Administrator shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.
(3) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Inspector certifies to the Board of Adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by the order of the Board of Adjustment on notice to the agency from which the appeal is taken and on due cause shown.
(4) The Board of Adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
(5) The Board of Adjustment may, in conformity with the provisions of this subchapter, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make the order, requirement, decision or determination, as may be appropriate under the circumstances.
(Prior Code, § 150.10)
(B) Judicial review. Any person aggrieved or any taxpayer affected by any decision of the Board of Adjustment may appeal to the County Superior Court, as provided in G.S. § 160A-388 of the public laws of the state.
(Prior Code, § 150.11) (Ord. passed 3-14-1963)
Statutory reference:
Related provisions, see G.S. § 160A-388
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