(A) The Board of Adjustment of the town, herein called "Board," is hereby established to fulfill the duties and powers described to it by this Ordinance, other applicable provisions of the Town Code, and by N.C.G.S. § 160D-302.
(B) The Board shall consist of five regular members and three alternate members. All members shall be residents of the town and shall be appointed by the Board of Aldermen. Members of the Board of Aldermen may be appointed as members of the Board. The alternate members shall assume all rights, privileges, and duties of the regular Board members when serving in the absence of regular Board members.
(C) Per N.C.G.S. § 160D-307, the Board of Adjustment shall include at least one member of the town's extraterritorial jurisdiction (ETJ), appointed by the New Hanover County Board of Commissioners shall appoint members from the ETJ. The ratio of the number of members representing the town's corporate limits to the number of members representing the ETJ shall be proportional to the ratios of the respective populations of the corporate limits and the ETJ. Population figures shall be updated at least every ten years with the decennial U.S. Census and may be updated at additional intervals.
(D) The term of office of members of the Board shall be for three years. In the beginning, two regular members shall be appointed for three years, two regular members shall be appointed for two years, and one regular member shall be appointed for one year. As the terms of office expire, all subsequent members shall be appointed for terms of three years, or until a successor is appointed. The term of office of a member of the Board of Adjustment shall not be reduced except in accordance with applicable North Carolina law.
(E) The Board shall adopt rules of procedure for the conduct of its affairs and in keeping with the provisions of this Ordinance. Such rules of procedure shall not be effective until approved by the Board of Aldermen. Rules of Procedure shall be maintained by the Town Clerk or other designee appointed by the Town Manager and posted on the town's website in accordance with N.C.G.S. § 160D-308. All meetings held by the Board shall be held in accordance with N.C.G.S. Ch. 143A, Article 33B or as may be amended. The Board shall keep minutes of its proceedings suitable for review in court showing:
(1) The factual evidence presented to the Board by all parties concerned;
(2) The findings of fact and the reasons for the determinations by the Board; and
(3) The vote of each member, or if absent or failing to vote, indicating such fact, all of which shall be public record and be filed with the office of the Town Clerk.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)