Loading...
(A) The Board shall be composed of five members. Three of the members shall be citizens and residents of the town and shall be appointed by the Town Board of Commissioners; two of the members shall be citizens and residents of the town’s extraterritorial area and shall be appointed by the County Board of Commissioners. The members of the Board will serve staggered terms of three years each with the exception of the initial appointment. The members shall receive compensation for their service at a rate determined by the Town Board of Commissioners. Two alternate members from the town and one alternate member from the extraterritorial area may also be appointed. Since the Town Planning Board has been designated to also function as the Town Board of Adjustment, newly appointed Planning Board members automatically become members of the Board of Adjustment. Terms of office of new Board of Adjustment members are synchronous with their terms as Planning Board members. Extraterritorial and town members have equal voting rights on any and all issues. Alternate members shall be appointed for the same term, at the same time, and in the same manner as regular members. Each alternate member, while attending any regular or special meeting of the Board and serving on behalf of any regular member, shall have and may exercise all the powers and duties of a regular member.
(B) The Board shall have a Chairperson elected by its membership and shall have a Secretary to keep appropriate records of the Board’s proceedings. The Board shall adopt such procedural rules and regulations as it deems necessary. All Board meetings shall be open to the public. 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. Unless it is stated that a conflict of interest exists, the abstaining from voting by a present member shall be considered as a “yes” vote, upholding the decision of the Ordinance Administrator.
(C) A member of the Board of Adjustment shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons’ constitutional rights to an impartial decision maker. Impermissible conflicts 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 close familial, business or other associational relationship with an affected person, or a financial interest in the outcome of the matter. If an objection is raised to a member’s participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection.
(D) Town members of the Board may be removed by action of the Town Board of Commissioners; extraterritorial members by action of the County Board of Commissioners. Removal may be for inefficiency, neglect of duty or malfeasance in office, and such removal may only come after a public hearing concerning the action to be held.
(Ord. passed 9-3-1986; Ord. passed 1-1-2006; Ord. passed 5-6-2008)
Statutory reference:
Board of Adjustment; appointment, see G.S.§ 160A-388(d)
Board of Adjustment; voting, see G.S. § 160A-381(e1)
Procedure for appeals to the Board concerning the decisions of the Ordinance Administrator, variances to the zoning regulations and establishment of conditional uses in particular zoning districts:
(A) Appeals from the decisions of the Ordinance Administrator for the granting of variances and for the establishment of conditional uses may be taken to the Town Board of Adjustment by any person aggrieved;
(B) Appeals to the decisions of the Ordinance Administrator shall be taken up by the Board within 30 days of the first appeal;
(C) The Ordinance Administrator shall be the official recipient of all appeals and shall transmit said appeals to the Secretary of the Board of Adjustment within one week after receipt of said appeals;
(D) An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him or her that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property or because the violation charged is transitory in nature a stay would seriously interfere with enforcement of the ordinance, in which case proceedings shall not be stayed otherwise than by a restraining order, issued by the Board of Adjustment or by a court of record;
(E) (1) The Board of Adjustment shall hold hearings at which specific appeals shall be heard, notice of said hearings being made public in at least two of the following ways:
(a) Published in a newspaper of general circulation throughout the community;
(b) Posting signs concerning the hearing in the neighborhood which is affected; or
(c) Sending written notices to all of the adjoining property owners.
(2) In any of the three methods of notice, each should contain the time, date and place of the public hearing, and the property which will be affected.
(F) The Board shall vote according to the procedures set forth in § 156.158 when instituting action to overrule the decisions of the Enforcement Officer. Conditional use cases and variance cases shall require four out of five members of the Board of Adjustment voting in favor of such action;
(G) Any appeals to the decisions of the Board of Adjustment shall be taken to County Superior Court within 30 days, after the decision of the Board is filed in the town hall or after a written copy thereof is delivered to the appellant by personal service or registered mail, whichever is later; and
(H) There shall be a fee of $10 payable to the town to cover the costs of administration and public hearing advertising for each, which the Board hears. The fee will be payable when the appeal is instigated.
(Ord. passed 9-3-1986; Ord. passed 1-1-2006; Ord. passed 5-6-2008)
Statutory reference:
Board of Adjustment; special exceptions to the zoning regulations, see G.S.§ 160A-388(d)
Board of Adjustment; zoning; grant of power, see G.S. § 160A-381(b1)
(A) It shall be the duty of the Board of Adjustment to take action on appeals to the decisions of the Ordinance Administrator; to hear and decide upon applications for conditional uses for the various districts; and to hear and decide upon the granting of variances in the various districts.
(B) In deciding any of the above, a four-fifths vote shall be required in favor of the applicant, or to overrule the decision of the Ordinance Administrator. For the purposes of this section, vacant positions on the Board and members who are disqualified from voting on a quasi-judicial matter shall not be considered members of the Board for calculation of the requisite majority.
(Ord. passed 9-3-1986; Ord. passed 1-1-2006; Ord. passed 5-6-2008)
Statutory reference:
Board of Adjustment; conditional use permits; special use permits, see G.S. § 160A-381(c)
Board of Adjustment; special exceptions to the zoning regulations, see G.S.§ 160A-388(d)
Board of Adjustment; zoning; grant of power, see G.S. § 160A-381(b1)
When considering a conditional use for a certain district, the Board shall make the following findings:
(A) The proposed use will not endanger the public health, safety and welfare;
(B) The proposed use will not adversely affect surrounding properties in terms of value; and
(C) The proposed use will meet all the applicable requirements specified in this chapter that pertain to the use.
(Ord. passed 9-3-1986; Ord. passed 5-6-2008)
Loading...