Havelock City Zoning Code

CHAPTER 159

APPEALS, VARIANCES AND INTERPRETATIONS

§ 159.01 APPEALS.

(A) Generally. An appeal from any final order, requirement, interpretation or decision of the Zoning Administrator or other administrative official charged with enforcement of the UDO, except as provided in §§ 159.01.1 and 159.01.2, may be taken to the Board of Adjustment by any person aggrieved. The appeal system established in this chapter provides for a review of cases in which a decision or interpretation made by the Zoning Administrator or other administrative official charged with enforcement of the UDO is alleged to be erroneous. For example, an appeal may contest the Zoning Administrator’s decision regarding whether a particular use is permitted within a particular zoning district or the Zoning Administrator’s interpretation of the methodology for computation of sign area.

(B) Applicability. The appeal system established herein applies only to decisions or interpretations made by the Zoning Administrator or other administrative official charged with enforcement of the UDO. This appeal system does not apply to decisions or interpretations made by the Planning Board or the City Board of Commissioners. Additionally, the Board of Adjustment is not authorized to issue advisory decisions regarding appeals, except as provided in §§ 159.01.1 and 159.01.2. Only the formal decisions or interpretations of the Zoning Administrator or other administrative official charged with enforcement of the UDO may be appealed to the Board of Adjustment.

(C) Filing. An appeal is taken by filing with the Zoning Administrator and the Board of Adjustment a written notice of appeal specifying the grounds therefore. A notice of appeal shall be considered filed with the Zoning Administrator and the Board of Adjustment when delivered to the Planning and Inspections Department, the required filing fee paid, and the date and time of filing entered on the notice by the Planning and Inspections staff. The owner or other party must file the appeal within 30 days from receipt of the written notice of the determination. In the absence of evidence to the contrary, notice given by first-class mail is deemed received on the third business day following deposit of the notice for mailing.

(D) Transmittal of record. Whenever an appeal is filed, the Zoning Administrator shall forthwith transmit to the Board of Adjustment all the papers, applications and recordings constituting the record relating to the action appealed from. A copy of the record shall also be provided to the appellant and to the owner of the property if the appellant is not the owner.

(E) Stay of action. An appeal stays all actions by the Zoning Administrator seeking enforcement of or compliance with the order or decision appealed from, including fines, unless the Zoning Administrator certifies to the Board of Adjustment that (because of facts stated in the certificate) a stay would, in his or her opinion, cause imminent peril to life or property and/or seriously interfere with the enforcement of the UDO for the reason that the violation charged is transitory in nature. In this case, proceedings shall not be stayed except by a restraining order which may be granted by a court. If enforcement is not stayed, the appellant may file with the Zoning Administrator a request for an expedited hearing of the appeal, and the Board shall meet to hear the appeal within 15 days after the request is filed.

(F) Decision. The Board of Adjustment may reverse or affirm (wholly or partly) or may modify the order, requirement or decision or determination appealed from and shall make any order, requirement, decision or determination that in its opinion ought to be made in the case before it. To this end, the Board of Adjustment shall have all the powers of the officer from whom the appeal is taken. Board of Adjustment action on appeal requests shall comply with the voting requirements of § 159.08.

(G) Hearing. Evidentiary hearing procedures and notice requirements for appeal requests are delineated in §§ 159.07 et seq.

(1) The official who made the decision (or his or her successor if the official is no longer employed by the City) shall be present at the hearing as a witness. At the hearing, the appellant shall not be limited to matters stated in the appeal notice. If any party or the City would be unduly prejudiced by the presentation of matters not presented in the appeal notice, the Board shall continue the hearing.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021; Ord. 23-O-07, passed 4-10-2023)

§ 159.01.1 EROSION AND SEDIMENTATION CONTROL APPEALS.

(A) Generally. The disapproval or modification of any proposed erosion control plan by the Director of Planning and Inspections or designee as defined by Chapter 156, shall entitle the person submitting the plan to an evidentiary hearing if the person submits written demand for an appeal and hearing within 15 days after receipt of written notice of disapproval or modification.

(B) Specifically. Appeals to the disapproval or modification of a proposed erosion control plan shall follow the requirements and procedures of §§ 159.01, 159.04 through 159.13, except as follows.

(1) Hearings shall be conducted by the Board of Adjustment within 30 days after the date of the receipt of the written demand for an evidentiary hearing. The date of the hearing shall be advertised once in a newspaper of general circulation prior to the date of the hearing.

(2) The person submitting the erosion control plan shall have 30 days following the Board of Adjustment’s disapproval or modification of a proposed erosion control plan to appeal the Board's decision to NC DEQ and the Sedimentation Control Commission pursuant to G.S. § 113A-61(c).

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021; Ord. 23-O-07, passed 4-10-2023)

§ 159.01.2 APPEALS FROM “THE NEUSE RIVER BASIN STORMWATER ORDINANCE FOR NEW DEVELOPMENT.”

(A) Right of appeal. Except as provided in N.C.G.S. § 160D-1403.1, any aggrieved person affected by any decision, order, requirement, or determination relating to the interpretation or application of this chapter may file an appeal to the Board of Adjustment within 30 days from receipt of the notice of a determination.

(1) Appeals of variance requests shall be made as provided in the section on variances. In the case of requests for review of proposed civil penalties for violations of this chapter, the Board of Adjustment shall make a final decision on the request for review within 90 days of receipt of the date the request for review is filed.

(2) Procedures for appeals are set forth in § 159.01.

(B) Filing of appeal and procedures.

(1) Appeals shall be taken within the specified time period by filing a notice of appeal and specifying the grounds for appeal on forms provided by the City. All documents constituting the record on which the decision was appealed shall be submitted to the Board of Adjustment and a copy of the record shall be provided to the appellant and to the owner of the property that is the subject of the appeal if the appellant is not the owner.

(2) The hearing conducted by the Board shall be conducted in the nature of a quasi-judicial proceeding as provided in N.C.G.S. § 160D-406 and § 159.06 with all findings of fact supported by competent, material evidence.

(Ord. 23-O-07, passed 4-10-2023)

§ 159.02 VARIANCES.

(A) General.

(1) An application for a variance along with the required filing fee shall be submitted to the Board of Adjustment by filing a copy of the application with the Zoning Administrator.

(2) A variance may be granted by the Board of Adjustment if it concludes that strict enforcement of the UDO would result in unnecessary hardships for the applicant. The Board shall vary any provision of the zoning regulation upon a showing of all of the following:

(a) If the applicant complies strictly with the provisions of the UDO, he or she will experience unnecessary hardship;

(b) 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. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability;

(c) 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 is not a self-created hardship; and

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

(3) In granting variances, the Board of Adjustment may impose such reasonable conditions as will ensure that the use of the property to which the variance applies will be as compatible as practicable with the surrounding properties. Appropriate conditions, which must be reasonably related to the condition or circumstance that gives rise to the need for a variance, may be imposed on any approval issued by the Board of Adjustment.

(4) A variance may be issued for an indefinite duration or for a specified duration only. Unless otherwise specified, any order or decision of the Board of Adjustment granting a variance shall expire if the applicant does not obtain a building permit or certificate of occupancy for such use within 60 calendar days from the date of the decision or if construction of the use has not commenced within 180 calendar days from the date of the issuance of a building permit.

(5) The nature of the variance and any conditions attached to it shall be entered on the face of the zoning permit, or the zoning permit may simply note the issuance of the variance and refer to the written record of the variance for further information. All such conditions are enforceable in the same manner as any other applicable requirement of the UDO.

(6) No change in permitted uses may be authorized by variance.

(7) Evidentiary hearing procedures for variance requests are delineated in § 159.06. Hearing notice requirements are outlined in § 159.07.

(B) Variances from Flood Hazard Overlay District requirements. The Board of Adjustment, hereinafter referred to as the “appeal board”, is authorized to review and decide upon request for variances from the Flood Hazard Overlay District Requirements delineated in § 156.02 pursuant to the provisions delineated in this section.

(1) Variances may be issued by the Board of Adjustment for:

(a) The repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and that the variance is the minimum necessary to preserve the historic character and design of the structure;

(b) Functionally dependent facilities if determined to meet the definition as stated in Chapter 163, provided the provisions of Chapter 156 have been satisfied, and such facilities are protected by methods that minimize flood damages during the base flood and create no additional threats to public safety; or

(2) In passing upon variances, the Board of Adjustment shall consider all technical evaluations, all relevant factors, all standards specified in other sections of the UDO, and:

(a) The danger that materials may be swept onto other lands to the injury of others;

(b) The danger to life and property due to flooding or erosion damage;

(c) The susceptibility of the proposed facility and its contents to flood damage and the effect of the damage on the individual owner;

(d) The importance of the services provided by the proposed facility to the community;

(e) The necessity to the facility of a waterfront location as defined under Chapter 163 as a functionally dependent facility, where applicable;

(f) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

(g) The compatibility of the proposed use with existing and anticipated development;

(h) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(i) The safety of access to the property in times of flood for ordinary and emergency vehicles;

(j) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

(k) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.

(3) A written report addressing each of the above factors shall be submitted with the application for a variance.

(4) Upon consideration of the factors listed above and the purposes of the UDO, the Board of Adjustment may attach conditions to the granting of variances as it deems necessary to further the purposes of the UDO.

(5) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation (BFE) and the elevation to which the structure is to be built and that such construction below the base flood elevation increases risks to life and property, and that the issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to $25 per $100 of insurance coverage. The notification shall be maintained with a record of all variance actions, including justification for their issuance.

(6) The Zoning Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency and the state upon request.

(7) Conditions for variances:

(a) Variances shall not be issued when the variance will make the structure in violation of other federal, state or local laws, regulations or ordinances;

(b) Variances shall not be issued within any designated floodway or non-encroachment area if the variance would result in any increase in flood levels during the base flood discharge;

(c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;

(d) Variances shall only be issued prior to development permit approval; and

(e) Variances shall only be issued upon:

1. A showing of good and sufficient cause;

2. A determination that failure to grant the variance would result in exceptional hardship; and

3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

(8) A variance may be issued for solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in special flood hazard areas provided that all of the following conditions are met. A floodplain development permit may be issued for the development only if a variance is granted.

(a) The use serves a critical need in the community.

(b) No feasible location exists for the use outside the special flood hazard area.

(d) The use complies with all other applicable federal, state and local laws.

(e) The city has notified the Secretary of the North Carolina Department of Public Safety of its intention to grant a variance at least 30 days prior to granting the variance.

(1) The Board of Adjustment, hereinafter referred to as the "Board", is authorized to review and decide upon requests for major and minor variances for the stormwater ordinance in Chapter 53 pursuant to the provisions set forth in this section.

(2) Any person may petition the City for a variance granting permission to use the person's land in a manner otherwise prohibited by the stormwater ordinance in Chapter 53.

(3) For all proposed variances from the stormwater ordinance, the Board of Adjustment shall make findings of fact in accordance with the procedures set forth in Chapter 159 and § 153.03 showing that:

(a) There are practical difficulties or unnecessary hardships that prevent compliance with the strict letter of the ordinance;

(b) The variance is in harmony with the general purpose and intent of the stormwater ordinance and preserves its spirit; and

(c) In granting the variance, the project will ensure equal or better protection of waters of the State than the requirements of 15A NCAC 02B.0711 (Neuse Storm Water Rule) and that the public safety and welfare have been assured and substantial justice has been done.

(4) In the case of a request for a minor variance, as defined in Chapter 53, the Board may vary or modify any of the regulations or provisions of the chapter so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done may impose reasonable and appropriate conditions and safeguards upon any variance it grants.

(5) The Board may attach conditions to the variance approval that support the purpose of the stormwater ordinance.

(6) If the variance request qualifies as a major variance, as defined in Chapter 53, and the Board decides in favor of granting the major variance, the Board shall then prepare a preliminary record of the hearing and submit it to the North Carolina Environmental Management Commission for review and approval. If the Commission approves the major variance or approves with conditions or stipulations added, then the Commission shall prepare a Commission decision which authorizes Board to issue a final decision which would include any conditions or stipulations added by the Commission. If the Commission denies the major variance, then the Commission shall prepare a decision to be sent to the Board and the Board shall prepare a final decision denying the major variance.

(7) Appeals from the Board's decision on a major or minor variance request are made on certiorari to the local Craven County Superior Court. Appeals from the Commission decision on a major variance request are made on judicial review to Superior Court.

(D) Administrative action on insignificant or “de minimis” variances. The Planning and Inspections Director, after consultation with the City Attorney, shall be authorized to grant a “no action” letter to applicants for a variance when the violation of set back or similar failure to meet ordinance standards is less than 5% of requirements. The letter shall state that the city will not take enforcement action based on the submitted violation. The applicant must provide the Planning and Inspections Director with a plat or drawing clearly illustrating the ordinance discrepancy and must also document that the correction of the error would be cost prohibitive. No prospective actions may be considered.

(Ord. passed 7-25-2011; Ord. 20-O-03, passed 6-1-2020; Ord. 21-O-04, passed 6-28-2021; Ord. 23-O-07, passed 4-10-2023)

§ 159.03 INTERPRETATIONS.

(A) When uncertainty exists with respect to the boundaries of any district as shown on the Official Zoning Map, City of Havelock, North Carolina, the following rules shall apply.

(1) Boundaries indicated as approximately following the center lines of streets, highways, alleys or railroads shall be construed to the following those center lines.

(2) Boundaries indicated as approximately following platted lot lines shall be construed as following those lot lines.

(3) Boundaries indicated as following shore lines shall be construed to follow the shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the course of streams, rivers, canals or other bodies of water shall be construed to follow the center lines of the bodies of water.

(4) Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(5) Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in circumstances not covered by divisions (A)(1) through (A)(4) above, the Board of Adjustment shall interpret the district boundaries, subsequent to study and recommendation by the Planning Board.

(6) If a district boundary divides a lot, the requirements for the district in which the greater portion of the lot lies shall be extended to the balance of the lot, provided that the extension shall not include any part of the lot which lies more than 100 feet beyond the district boundary, and provided further that the remaining parcel shall not be less than the minimum required for the district in which it is located.

(B) The Board of Adjustment is authorized to interpret the zoning map and to pass upon disputed questions of lot lines or district boundary lines and similar questions. If the questions arise in the context of an appeal from a decision of the Zoning Administrator, they shall be handled as provided in § 159.01.

(C) An application for a map interpretation shall be submitted to the Board of Adjustment by filing a copy of the application with the Zoning Administrator. The application shall contain sufficient information to enable the Board of Adjustment to make the necessary interpretation.

(D) Interpretations of the location of floodway and floodplain boundary lines may be made by the Zoning Administrator as provided in Chapter 156.

(E) When interpretations of the UDO are specifically required to be determined by the Board of Adjustment, the required application fee shall be waived.

(Ord. passed 7-25-2011; Ord. 23-O-07, passed 4-10-2023)

§ 159.04 REQUESTS TO BE HEARD EXPEDITIOUSLY.

The Board of Adjustment shall hear and decide all appeals, variance requests and requests for interpretations as expeditiously as possible, consistent with the need to follow regularly established agenda procedures, provide notice in accordance with § 159.07 and obtain the necessary information to make sound decisions.

(Ord. passed 7-25-2011; Ord. 23-O-07, passed 4-10-2023)

§ 159.05 BURDEN OF PROOF IN APPEALS AND VARIANCES.

(A) When an appeal is taken to the Board of Adjustment in accordance with § 159.01, the Zoning Administrator shall have the initial burden of presenting to the Board of Adjustment sufficient evidence and argument to justify the order or decision appealed from. The burden of presenting evidence and argument to the contrary then shifts to the appellant, who shall also have the burden of persuasion.

(B) The burden of presenting evidence sufficient to allow the Board of Adjustment to reach the conclusions set forth in § 159.02 as well as the burden of persuasion on those issues, remains with the applicant seeking the variance.

(Ord. passed 7-25-2011; Ord. 23-O-07, passed 4-10-2023)

§ 159.06 QUASI-JUDICIAL PROCEDURES FOR EVIDENTIARY HEARINGS.

(A) Before making a decision on an appeal or an application for a variance, the Board of Adjustment shall hold an evidentiary hearing on the appeal or variance.

(B) Subject to division (C) below, the hearing shall be open to the public. All persons with standing to appeal the decision regarding the appeal or application shall be given an opportunity to present evidence and arguments and ask questions of persons who testify. Non- parties may be allowed to present competent, material, and substantial evidence that is not repetitive.

(C) The Board of Adjustment may place reasonable and equitable limitations on the presentation of evidence and arguments and the cross-examination of witnesses so that the matter at issue may be heard and decided without undue delay.

(D) The Board of Adjustment may continue the hearing until a subsequent meeting and may keep the hearing open to take additional information up to the point a final decision is made. No further notice of a continued hearing need be published.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021; Ord. 23-O-07, passed 4-10-2023)

§ 159.07 NOTICE OF HEARING.

The Zoning Administrator shall give notice of any evidentiary hearing required by § 159.06 as follows.

(A) Mailed notice.

(1) Notice of an evidentiary hearing shall be mailed to the person or entity whose appeal, application, or request is the subject of the hearing.

(2) To the owner of the property that is the subject of the hearing if the owner did not initiate the hearing.

(3) To the owners of all parcels of land abutting the parcel of land that is the subject of the hearing.

(4) To any other persons entitled to receive notice.

(5) In the absence of evidence to the contrary, the county tax listing shall be used to determine owners of property entitled to mailed notice.

(6) 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.

(7) 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.

(B) Within the time period in § 159.07(A)(6), a notice of the hearing shall be prominently posted on the site that is the subject of the hearing or on an adjacent street or highway right-of-way, notice posted on the City's website, and published in a newspaper with general circulation in the city.

(C) The notice required by this section shall state the date, time and place of the hearing, reasonably identify the property that is the subject of the application or appeal, and give a brief description of the action requested or proposed.

(D) Administrative materials.

(1) The Zoning Administrator or staff to the Board shall transmit to the Board all applications, reports, and written materials relevant to the matter being considered. If the administrative materials are distributed to the members of the Board prior to the hearing, at the same time, a copy must also be provided to the appellant or applicant and to the landowner if that person is not the appellant or applicant.

(2) The administrative materials shall become a part of the hearing record.

(3) The administrative materials may be provided in written or electronic form.

(4) The Chair shall rule on objections to inclusion or exclusion of administrative material, and may be appealed to the full Board. Objections to inclusion or exclusion of administrative materials may be made before or during the hearing. Rulings on unresolved objections shall be made by the Board at the hearing.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021; Ord. 23-O-07, passed 4-10-2023)

§ 159.08 BOARD OF ADJUSTMENT ACTION ON APPEALS AND VARIANCES.

(A) With respect to appeals, a motion to reverse, affirm or modify the order, requirement, decision or determination appealed from shall include, insofar as practicable, a statement of the specific reasons or findings of facts that support the motion. If a motion to reverse or modify is not made or fails to receive the four-fifths vote necessary for adoption, then the motion is not approved.

(B) Before granting a variance, the Board of Adjustment must take a vote and vote affirmatively (by a four-fifths majority) on the required findings stated in § 159.02. Insofar as practical, a motion to make an affirmative finding on each of the requirements set forth in § 159.03 shall include a statement of the specific reasons or findings of fact supporting the motion.

(C) A motion to deny a variance may be made on the basis that any one or more of the criteria set forth in § 159.02 are not satisfied or that the application is incomplete. Insofar as practical, such a motion shall include a statement of the specific reasons or findings of fact that support it. This motion is adopted as the Board of Adjustment’s decision if supported by more than one fifth of the Board’s membership.

(D) For the purposes of this section, 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” for calculation of the requisite supermajority if there are no qualified alternates available to take the place of the members.

(E) Pursuant to the requirements of G.S. § 160D-109(d), 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 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.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021; Ord. 23-O-07, passed 4-10-2023)

§ 159.09 EVIDENCE.

(A) The provisions of this section apply to all hearings for which a notice is required by § 159.07.

(B) All persons who intend to present evidence to the Board of Adjustment, rather than arguments only, shall be sworn.

(C) All findings and conclusions necessary to the issuance or denial of the requested appeal or variance (crucial findings) shall be based upon reliable evidence. Competent evidence (evidence admissible in a court of law) shall be preferred whenever reasonably available, but in no case may crucial findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable, and the matter at issue is not seriously disputed.

(D) The Board of Adjustment may subpoena witnesses and compel the production of evidence. If a person fails or refuses to obey a subpoena issued pursuant to this division (D), the Board of Adjustment may apply to the Superior Court of Craven County for an order requiring that its order be obeyed, and the court shall have jurisdiction to issue these orders after notice to all proper parties. No testimony of any witness before the Board of Adjustment pursuant to a subpoena issued in exercise of the power conferred by G.S. § 160D-406(g) may be used against the witness in the trial of any civil or criminal action other than a prosecution for false swearing committed on the examination. Any person, who, while under oath during a proceeding before the Board of Adjustment, willfully swears falsely, will be subject to enforcement under § 162.04.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021; Ord. 22-O-01, passed 1-24-2022; Ord. 23-O-07, passed 4-10-2023)

§ 159.10 MODIFICATION OF APPLICATION AT HEARING.

(A) In response to questions or comments by persons appearing at the hearing or to suggestions or recommendations by the Board of Adjustment, the applicant may agree to modify his or her application, including the plans and specifications submitted.

(B) Unless the modifications are so substantial or extensive that the Board cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised plans before it, the Board of Adjustment may approve the application with the stipulation that the permit will not be issued until plans reflecting the agreed upon changes are submitted to the Zoning Administrator.

(Ord. passed 7-25-2011; Ord. 23-O-07, passed 4-10-2023)

§ 159.11 RECORD.

(A) A record shall be made of all hearings required by § 159.07 and the record shall be kept as provided by state law. Accurate minutes shall also be kept of all the proceedings, but a transcript need not be made.

(B) Whenever practical, all documentary evidence presented at a hearing as well as all other types of physical evidence shall be made a part of the record of the proceedings.

(Ord. passed 7-25-2011; Ord. 23-O-07, passed 4-10-2023)

§ 159.12 WRITTEN DECISION.

(A) Any decision made by the Board of Adjustment regarding an appeal or variance shall be reduced to writing and served upon the applicant or appellant and all other persons who make a written request for a copy.

(B) In addition to a statement of the Board of Adjustment’s ultimate disposition of the case and any other information deemed appropriate, the written decision shall state the Board’s findings and conclusions, as well as supporting reasons or facts.

(Ord. passed 7-25-2011; Ord. 23-O-07, passed 4-10-2023)

§ 159.13 APPEAL OF BOARD OF ADJUSTMENT DECISIONS TO SUPERIOR COURT.

Every final decision of the Board of Adjustment shall be subject to review by the Superior Court of Craven County by proceedings in the nature of certiorari (see § 162.07).