This ordinance establishes a zoning board of adjustment. This board will consist of five regular members and up to two alternate members who are citizens and residents of Carteret County to be appointed for overlapping terms of three years. An appointment to fill a vacancy on the board will be for the remainder of the unexpired term.

The board of adjustment will adopt rules and regulations in accordance with chapter 160D of the North Carolina General Statutes [G.S. Ch. 160D] for its own operation necessary to carry out the provisions of this ordinance. The zoning enforcement officer will maintain copies of the adopted rules for public information. The board of adjustment shall elect a chairman and vice-chairman from its membership who shall serve for one (1) year or until their successors are elected. The chairman or, in his (her) absence, the vice-chairman may administer oaths. The board shall appoint a secretary, who may be a county officer, an employee of the county, a member of the planning commission, or a member of the zoning board of adjustment. All meetings of the board of adjustment shall be open to the public.

(Res. of 6-21-21)

The board of adjustment is assigned a certain number of specific duties by this ordinance. Those duties are listed below.

1403.1. Interpretation of the ordinance. The board of adjustment is responsible for interpreting the provisions of the ordinance if there is a question about the meaning or application of a provision. Once the board has made an interpretation on an issue, the zoning enforcement officer will consistently use that interpretation in the administration of the ordinance. The board may also ask that the ordinance be amended to clarify a problem with the ordinance that has come to the board's attention.

1403.2. Administrative review. The board of adjustment will hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the enforcement officer, administrator, or the Carteret County Planning Commission. Any person who feels that his/her legal or property rights may have been affected, or any officer, department, board, or bureau of Carteret County may file such an appeal within 30 days of the decision of the enforcement officer.

1403.3 Variances. When unnecessary hardships would result from carrying out the strict letter of a zoning ordinance, the board of adjustment shall vary any of the provisions of the ordinance upon a showing of all of the following:

(1)

Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.

(2)

The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance.

(3)

The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.

(4)

The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved.

No change in permitted uses may be authorized by variance. Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance.

(Ord. of 8-16-10(6); Ord. of 7-16-12(3); Ord. of 7-21-14(2))

At least four weeks before the regularly scheduled zoning board of adjustment meeting date, the applicant for an appeal, code interpretation, or variance shall submit the completed application form and all supporting materials (including paper copies of any maps, site plans, and other graphics in sufficient number, as determined by the planning director or designee) and any required fee. In consultation with the chair of the zoning board of adjustment, the planning director or designee shall establish annually the schedule of the meeting date and submission deadline for each month's zoning board of adjustment regular meeting.

All administrative papers and other information relating to an appeal, code interpretation, or variance must be submitted to the planning director or designee by the appellant at least four weeks before the regularly scheduled zoning board of adjustment meeting date. After this deadline has expired, the applicant may not submit additional materials or information for the board to consider, unless the applicant agrees to be heard at the next available board meeting for which the submission deadline has not expired.

The board will give notice of the time, place, and subject of its hearings to the person(s) making the request. The board will keep minutes of its hearings and records of the votes of each member.

(Amd. of 2-18-08(5); Ord. of 10-19-09(7); Ord. of 10-17-11(9); Ord. of 7-16-12(3))

Any decision of the board of adjustment will state the reasons and the findings of fact and conclusions of law made by the board to reach its decision. The concurring vote of a four-fifths of the members of the board will be required to reverse any order, requirement, decision or determination of any administrative official charged with enforcement of the ordinance, or to decide in favor of the person(s) making an appeal, or a variance request. The board of adjustment shall inform the parties involved of its decision and the reasons and findings of fact in writing.

(Ord. of 7-16-12(3))

The board of adjustment will refuse to hear an appeal or application for a variance which has been previously denied if it finds that there have been no substantial changes in the conditions, circumstances or evidence relating to the matter.

Petitions for appeals to be considered by the board of adjustment must be filed with the planning department and must be in accordance with the planning department fee schedule.

Any person or persons aggrieved by a decision of the board may appeal the decision of the board of adjustment to the Superior Court of North Carolina within thirty (30) days after a written and signed copy of the decision is filed in the planning department. Any aggrieved party may submit a written request for the decision at the time of the hearing.

For any request that is to go before the zoning board of adjustment, planning commission, or board of county commissioners that pertains to a particular property or properties, Staff shall complete the following requirements:

1409.1 A notice of the request will be placed in a local Carteret County newspaper once a week for two successive calendar weeks. The notice will appear for the first time no more than 25 days and no less than 10 days prior to the meeting or hearing date.

1409.2 In addition, notice shall be given by first class mail to the owners of surrounding properties, as well as any others whose property (or any portion thereof) lies within 200 feet or 2 properties, whichever distance is greater, of any portion of the subject property or properties. Such notification must be mailed at least 10 days in advance of the meeting/hearing date.

1409.3 A sign shall be posted on the subject property or properties at least 10 days prior to the meeting or hearing date.

(Ord. of 10-17-11(9); Res. of 2-20-23)