A board of adjustment shall be established consisting of five full time members and two alternate members and appointed by the Dobson Board of Commissioners. A proportional representation of population from the ETJ will be appointed to the Board of Adjustment based upon the latest population estimates and revised at least each decennial census. Extraterritorial members shall have equal rights, privileges, and duties as the other members of the board in all matters. The planning board may function as the board of adjustment.

Initial terms of office shall be as follows: Two members appointed for a term of three years; four members for a term of two years; and three members for a term of one year. Upon completion of the initial term of office for each member, all additional appointments shall be for three years.

The alternate members shall serve on the board of adjustment in the absence, for any cause, of any regular member. One member shall be a resident of the Town and one shall be from the one mile extraterrestrial area. Such alternate members shall be appointed for three (3) year terms provided, however, that in the case of the first appointment of alternate members, one shall be appointed for a three year term and one shall be appointed for a one year term. Such alternate members, while attending any regular or special meeting of the Board and serving in the absence of any regular member, shall have an exercise all the powers and duties of such regular member so absent.

The Board of Adjustment shall elect a Chairman and a Vice Chairman who shall serve for one (1) year or until their successors are elected. The Board shall adopt rules and bylaws. The Town Manager or their designee shall serve as secretary and nonvoting member.

All meetings of the Board of Adjustment shall be held at a regular place and time and shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, an indication of such fact. Final disposition of permits, appeals or variances shall be recorded in the minutes, indicating the reasons of the Board therefore, all of which shall become a part of the public record.

No final action shall be taken on any matter unless a quorum is present. For the purposes of granting variances, appeals, and permits, a quorum shall be a majority of the membership of the board. For the purposes of this subsection, 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'.

The Board shall have the powers enumerated below. The concurring vote of [four-fifths (⅘) of the members of the Board] shall be necessary to approve a variance request, but a simple majority to reverse any order, requirement, decision, or determination of the Zoning Enforcement Officer or approval of a special use permit.

The Board of Adjustment shall have the following powers and duties:

(A)

To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by the Zoning Administrator.

(B)

To hear and decide applications for decisions on special use permits. Conditions for special use permits should not include condition the Town does not have authority to impose.

(C)

To authorize upon appeal, in specific cases, such variance from the terms of this Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance will result in undue hardship.

(D)

To permit other uses not listed in the Permitted Use Table in Article 7 provided the other uses are similar in character to those permitted in the various zoning districts.

The Board must hold an evidentiary hearing to gather competent, material, and substantial evidence to establish the facts of the case. The evidentiary hearing must have testimony under oath and must establish written findings of fact and conclusions of law as provided in G.S. 160D-406 and outline in this Ordinance. The hearing will be conducted in accordance with the procedures set forth in G.S. 160D.

a.

Presentation and objections to evidence. The applicant, Town and any person who would have standing to appeal the decision under G.S. 160D-1402(c) shall have the right to participate as a party at the evidentiary hearing. Other witnesses may present competent, material, and substantial evidence that is not repetitive as allowed by the board. Objections regarding jurisdictional and evidentiary issues, including, but not limited to, the timeliness of an appeal or the standing of a party, may be made to the board. The board chair shall rule on any objections, and the chair's rulings may be appealed to the full board. These rulings are also subject to judicial review pursuant to G.S. 160D-1402. Objections based on jurisdictional issues may be raised for the first time if appealed for judicial review.

b.

Parties with standing. Parties with standing may present evidence, legal arguments, cross-examine witnesses or provide objections to evidence. The board chair may allow non-parties to present competent, material and substantial evidence provided it is not repetitive pursuant to G.S. 160D-406(d).

(A)

An application for a rehearing shall be made in the same manner as provided for an original appeal within a period of 15 days after the Board's decision has been filed with the Zoning Administrator or their designee. In addition, specific information to enable the Board of Adjustment to determine whether or not there has been a substantial change in facts, evidence, or conditions of the case, shall be presented in writing or graphically. The Board shall deny a rehearing, if, in its judgment, such change in facts, evidence or conditions has not been proven. In the event that the Board finds that a rehearing is warranted, it shall thereupon proceed in the same manner as for the original hearing.

(B)

Upon the denial of an original application or adverse ruling on appeal, or upon the denial of an application for which a rehearing has been conducted, whichever is applicable, a waiting period of one (1) year after the date of denial of the original application will be required before a similar application may be filed.

(C)

Any person or persons, jointly or severally, aggrieved by any decision of the Board, may, within 30 days after the Board's decision, but not thereafter, present to a court of competent jurisdiction a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality, whereupon such decision of the Board shall be subject to review by Superior Court proceedings in the nature of certiorari as provided by law.

Pursuant to the General Statutes of North Carolina, Chapter 160D-109, a member of the Board of Adjustment or any other body exercising the functions of a Board of Adjustment adopt a conflict of interest policy and 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.