There shall be and is hereby created a zoning board of adjustment of the County of Halifax, hereinafter called the board of adjustment, consisting of five members and three alternate members who shall be appointed in accordance with the following:

700.01 All members shall be residents of Halifax County who shall be appointed by the governing body of Halifax County.

700.02 All members of the board of adjustment shall be appointed by the board of commissioners for three-year terms: provided, however, that the terms of the members overlap.

700.03 Vacancies to fill the unexpired term of members of the board of adjustment shall be filled in the same manner as other appointments. Any member shall be eligible for reappointment.

700.04 All regular members of the board of adjustment and any alternate member or members serving in the absence of any regular member or members shall have equal rights, privileges, and duties in all matters pertaining to zoning regulations within the planning jurisdiction of Halifax County. The concurring vote of four-fifths of the board shall be necessary to grant a variance. A majority of the members shall be required to decide any other quasi-judicial matter or to determine an appeal made in the nature of certiorari. For the purposes of this subsection, vacant positions on the board and members who are disqualified from voting on a quasi-judicial matter under G.S. 160D-109(d) shall not be considered members of the board for calculation of the requisite majority if there are no qualified alternates available to take the place of such members.

700.05 The terms of office of all alternate members shall coincide with the terms of regular members of the board, provided, the term of office of any member may be changed or terminated by the Halifax County Commissioners. All alternate members when newly appointed shall meet with the regular members at all meetings until such time as the chairman shall find that they are sufficiently oriented to their duties; after such time the alternate member shall only be required to attend meetings in the absence of a regular member after being notified by the chairman or someone acting as his agent.

(Res. of 6-6-22(1))

The board of adjustment shall have all duties proscribed under G.S. 160D-302, including the following powers and duties:

701.01 Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the administrative official in the enforcement of this ordinance.

701.02 Temporary use permits. To hear and decide applications for temporary uses and structures as authorized in the ordinance for a purpose that does not otherwise conform to the permitted uses for the district in which such use is proposed to be located: provided that such use or structure shall be of a temporary nature and not involve the erection of permanent buildings. Such use or structure may be authorized by the issuance of a temporary, nontransferable use permit, revokable for cause, for a period not to exceed one year subject to renewal on an annual basis not to exceed three years and provided that at the termination of the period for which the temporary use permit is granted, no evidence shall remain of the temporary use. The procedure for hearing requests for the temporary use permits shall be the same as subsection 701.03 below.

701.03 Special use permits. To hear and make decisions on applications for special use permits. A special use permit is a permit issued to authorize development or land uses in a particular zoning district upon presentation of competent, material, and substantial evidence establishing compliance with one or more general standards requiring that judgment and discretion be exercised, as well as compliance with specific standards. The term includes permits previously referred to as conditional use permits under this ordinance.

a.

Purpose. To grant in particular cases and subject to appropriate conditions and safeguards special use permits as authorized by the zoning ordinance.

b.

Eligibility. Any person having a freehold interest in land, or possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest and which is specifically enforceable may file an application to use such land for one or more of the special uses provided for in this zoning ordinance in the zoning district in which the land is located.

c.

Application procedure. An application for a special use permit shall be filed with the zoning administrator on affirm provided by the zoning administrator at least 15 days prior to the board of adjustment meeting at which such application is to be considered, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth in subsection f. Each application for a special use permit shall be accompanied by a fee (see county fee schedule) to defray the costs involved. Such applications shall be forwarded by the zoning administrator to the board of adjustment with a request for a quasi-judicial hearing on the application.

d.

Evidentiary hearing; quasi-judicial decision. Upon receipt in proper form of the written recommendations from the zoning administrator, the board of adjustment shall conduct an evidentiary hearing and render a quasi-judicial decision on the proposed special use permit. Such hearings shall follow all requirements of G.S. 160D-406. Notice of hearing shall be mailed to the person or entity whose application or request is the subject of the hearing; to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing; to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing; and to the owners parcels of land that are within 300 feet of the subject property. In the absence of evidence to the contrary, the zoning administrator may rely on the county tax listing to determine owners of property entitled to mailed notice. The notice must be deposited in the mail at least ten days, but not more than 25 days, prior to the date of the hearing. Within that same time period, notice of the hearing shall also be posted on the site that is the subject of the hearing or on an adjacent street or highway right-of-way. The board may continue an evidentiary hearing that has been convened without further advertisement. If an evidentiary hearing is set for a given date and a quorum of the board is not then present, the hearing shall be continued until the next regular board meeting without further advertisement.

e.

Authorization. For each application for a special use permit, the zoning administrator shall report to the board of adjustment his recommendations including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. If an application for a proposed special use permit is not approved by the board of adjustment within 90 days of the date upon which application is received by the board of adjustment, it shall be deemed to have been denied.

f.

Standards. No special use permit shall be granted by the board of adjustment unless the board finds by competent, material and substantial evidence that satisfactory provisions and arrangements have been or will be made by the applicant concerning the following standards, if deemed applicable to the proposed use:

1.

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;

2.

Off-street parking and loading areas where required, with particular attention to the items in [subsection] 1. above and the economic, noise, glare, or odor effects of the conditional use on adjoining properties and properties generally in the district;

3.

Refuse and service area, with particular reference to the items in [subsections] 1, and 2. above;

4.

Utilities, with reference to locations, availability, and compatibility;

5.

Screening and buffering with reference to type, dimensions, and character;

6.

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;

7.

Required yards and other open space and preservation of existing trees and other attractive natural features of the land;

8.

General compatibility with adjacent properties and other property in the district.

In addition, based upon its findings with regard to the standards specified above (as deemed applicable to the proposed use), the board of adjustment shall make a determination regarding whether the proposed use, if subject to the terms and conditions recommended by staff or imposed by the board, will probably

a.

Not materially endanger the public health or safety;

b.

Not substantially injure the value of adjoining or abutting properly;

c.

Be in harmony with existing development and uses within the area in which it is located; and

d.

Be in general conformity with the land use plan, thoroughfare plan, or other plan officially adopted by the Halifax County Board of Commissioners.

g.

Consent to conditions. No special use permit shall be effective without the written consent of the applicant and the landowner to the conditions imposed thereon. Without such consent, the permit shall be deemed denied.

h.

Revocation of permit. in addition to enforcement actions under G.S. 160D-404, a special use permit may be revoked by notifying the holder in writing stating the reason for the revocation. The zoning administrator and the board of adjustment shall follow the same development review and approval process required for issuance of the special use permit, including any required notice or hearing, in the review and approval of a revocation. Special use permits shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of any applicable local regulation or any state law delegated to the local government for enforcement purposes in lieu of the state; or for false statements or misrepresentations made in securing the permit. In addition, any permit approval mistakenly issued in violation of an applicable state or local law may also be revoked. The revocation of a development approval by the zoning administrator may be appealed to the board of adjustment pursuant to G.S. 160D-405.

701.04 Variances; conditions governing applications; procedures. 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, due to special conditions, a literal enforcement of the provisions of this ordinance would result in undue hardship. A variance from the terms of this ordinance shall not be granted by the board of adjustment unless and until;

a.

A written application for a variance is submitted demonstrating:

1.

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;

2.

That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance;

3.

That the special conditions and circumstances do not result from the actions of the applicant;

4.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district;

5.

No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

b.

Notice of hearing regarding the requested variance shall be given as in subsection 701.03(d) above.

c.

The quasi-judicial hearing shall be conducted following the same development review and approval process required for issuance of a special use permit, including any required notice of hearing, and consistent with the requirements of G.S. 160D-406.

d.

The board of adjustment shall make findings as to whether the applicable requirements of article VII. Section 701.03.f. have been met by the applicant for a variance.

e.

The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will provide for the reasonable use of the land, building, or structure.

f.

The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable under article IX, section 907.

Under no circumstances shall the board of adjustment grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said district.

701.05 Decision of the board of adjustment. In exercising the abovementioned powers, the board of adjustment may, so long as such action is in conformity with the terms of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, and to that end shall have powers of the administrative official from whom the appeal is taken.

701.06 Revocation of approvals. In addition to initiation of enforcement actions under G.S. 160D-404, any development approvals may be revoked by the by notifying the holder in writing stating the reason for the revocation. The zoning administrator and board of adjustment shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing, in the review and approval of any revocation of that approval. Development approvals shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of any applicable local regulation or any state law delegated to the local government for enforcement purposes in lieu of the state; or for false statements or misrepresentations made in securing the approval. Any development approval mistakenly issued in violation of an applicable state or local law may also be revoked. The revocation of a development approval by a staff member may be appealed pursuant to G.S. 160D-405.

(Ord. of 6-7-82; Ord. of 6-3-91; Ord. of 1-3-94, § 2; Res. of 6-6-22(1))

It is the intention of this ordinance that all questions arising in connection with the enforcement of this ordinance shall be presented first to the zoning administrator and that such questions shall be presented to the board of adjustment only on appeal from the zoning administrator; and that from the decision of the board of adjustment recourse shall be had to courts as provided by law. It is further the intention of this ordinance that the duties of the county commissioners in connection with the ordinance shall not include the hearing and passing upon disputed questions that may arise in connection with the enforcement thereof, but that the procedure for determining such questions shall be as herein set out in this ordinance, and that the duties of the county commissioners in connection with this ordinance shall be only the duty of considering and passing upon any proposed amendment or repeal of the ordinance as provided by law.

(Res. of 6-6-22(1))