The Board of Adjustment is hereby created, pursuant to G.S. 160D-302.

(Ord. No. 2337, § 1, passed 6-13-1991)

   (A)   The Board of Adjustment (hereinafter called the Board) shall consist of seven regular members and four alternate members. Six of the regular members and three alternate members shall reside within the corporate limits of the City of Greenville at the time of their appointment and shall be appointed by the City Council. One of the regular members and one alternate member shall reside outside of the corporate limits of the city, but within the limits of the extraterritorial jurisdiction of the City of Greenville, at the time of their appointment and shall be appointed by the Chairperson of the Board of Commissioners of Pitt County.

   (B)   The extraterritorial representatives have equal rights, privileges and duties with the city members of the Board, and, unless excused from voting in accord with applicable laws, are required to vote on each question, regardless of whether the matters at issue arise within the city or within the extraterritorial area.

   (C)   Each alternate member, while attending any meeting of the Board and serving in the absence of any regular member, shall have and may exercise all powers and duties of a regular member. Any alternate member may serve for any regular member without regard to which jurisdiction the alternate or the regular member was originally appointed by.

(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 2721, § 1, passed 10-14-1993; Ord. No. 06-75, § 1, passed 8-10-2006; Ord. No. 14-041, passed 6-12-2014; Ord. No. 21-032, § 1, passed 6-21-2021)

   Appointments to the Board shall be made by the City Council and Board of County Commissioners in accordance with the applicable appointment policies of the respective jurisdiction.

(Ord. No. 2337, § 1, passed 6-13-1991)

   The Board of Adjustment shall adopt the necessary rules to conduct its affairs and establish regular meeting dates. All meetings of the Board shall be open to the public, and a public record of all findings and decisions shall be maintained. All proceedings shall be in accordance with the General Statutes of North Carolina pertaining to Boards of Adjustment.

   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 than 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 (G.S. 160D-109(d)).

(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 21-032, § 1, passed 6-21-2021)

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

      (1)   Appeal of administrative decisions. To hear and decide appeals where it is alleged there is error in any order requirement, decision or determination made by the Zoning Enforcement Officer in the enforcement of this chapter or interpretation of the Director of Planning and Development Services in the administration of this chapter;

      (2)   Special uses. To hear and decide only such special uses as the Board of Adjustment is specifically authorized to pass on by the terms of this chapter;

      (3)   Variances. To rule on requests for variances in accordance with state law;

      (4)   Interpretation. To interpret, the location of lines on the official zoning map or Zoning Ordinance text requirements where the map or text appears to be unclear; and

      (5)   Conditions of approval. In granting any special use or variance, the Board may prescribe appropriate conditions and safeguards to ensure the purposes of this chapter.

   (B)   The Director of Planning and Development Services may reject an application for a special use permit or variance if he or she believes that the granting of the permit or variance would not be in accordance with state law. Such a rejection shall be made in writing with reasons for the rejection stated. A rejection may be appealed to the Board as an appeal of an administrative decision. If the Board determines that the rejection was in error, the Board may then hear the application for a special use permit or a variance no earlier than the next regular meeting.

(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 2411, § 1, passed 11-9-1992; Ord. No. 97-93, § 3, passed 9-11-1997; Ord. No. 06-75, § 1, passed 8-10-2006; Ord. 19-045, § 1, passed 9-12-2019; Ord. No. 21-032, § 1, passed 6-21-2021)

   The procedures governing appeals from the enforcement and interpretation of this chapter shall be in accordance with state law, the Land Development Administrative Manual, and the Rules of Procedure of the Board of Adjustment.

(Ord. No. 2337, § 1, passed 6-13-1991)

   A fee shall be paid to the city for each application for a variance, special use, appeal or interpretation and the fee shall be set out in the Manual of Fees for the city.

(Ord. No. 2337, § 1, passed 6-13-1991)

   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 notice of appeal has been filed with him or her, that because of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property or that because the violation charged is transitory in nature a stay would seriously interfere with enforcement of this article. In that case proceedings shall not be stayed except by a restraining order, which may be granted by a court of record on application, on notice to the officer from whom the appeal is taken and due cause shown. The officer from whom an appeal is taken may seek and utilize the advice of competent authorities, including the Building Inspector, in making a determination under this section.

(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 98-142, § 1, passed 11-12-1998)

   Appeals from the decisions of the Board of Adjustment shall be made in accordance with applicable law.

(Ord. No. 2337, § 1, passed 6-13-1991)