A Zoning Board of Adjustment is hereby established. Said Board shall consist of five (5) members to be appointed by the Town Board of Commissioners for overlapping terms of three (3) years. Initial appointment shall be as follows: One (1) member for a term of three (3) years, two (2) members for a term of two (2) years, and two (2) members for a term of one (1) year. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. Members shall serve without pay but may be reimbursed for any expenses incurred while representing the Board of Adjustment. At least one (1) member shall be a Town Commissioner. The Town Board of Commissioners and Mayor of the Town of Indian Beach shall be deemed the Zoning Board of Adjustment until the appointments set forth herein are actually made and the appointees have taken their oath of office.

The Zoning Board of Adjustment shall hear and decide special and conditional use permits, requests for variances, and appeals of decisions of administrative officials charged with enforcement of this Ordinance. Further, the board shall hear and decide all matters upon which it is required to pass under any statute or ordinance that regulates land use or development.

While serving as a member of the Zoning Board of Adjustment, the mayor shall be deemed chairman of the board; otherwise the board shall elect a chairman and a vice-chairman from its members who shall serve for one (1) year or until re-elected or until their successors are elected. The Board shall appoint a secretary, who may be a Town officer, an employee of the Town, a member of the Planning Commission, or a member of the Board of Adjustment. Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. The chairman or, in his absence, the vice-chairman, may administer oaths and compel the attendance of witnesses by subpoena. All meetings of the Board shall be open to the public.

The proceedings and actions of the Zoning Board of Adjustment shall be in accordance with North Carolina General Statute § 160A-388 as said statute is amended from time to time.

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

8.5.1

Administrative Review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Inspector in the enforcement of this Ordinance.

8.5.2

Provisions For Uses Allowed As Special Uses. Permission may be granted for the establishment of uses listed as special uses if the Board of Adjustment finds from the evidence produced after a study of the complete records that:

(a)

The proposed use does not affect adversely the general plans for the physical development of the town as embodied in the land use ordinances of the town.

(b)

The proposed use will not be contrary to the purposes stated in the land use ordinances of the town.

(c)

The proposed use will not affect adversely the health and safety of residents and workers in the town.

(d)

The proposed use will not be detrimental to the use or development of adjacent properties or other neighborhood uses.

(e)

The proposed use will not be affected adversely by existing uses.

(f)

The proposed use will be placed on a lot of sufficient size to satisfy the space requirements of said use.

(g)

The proposed use will not constitute a nuisance or hazard because of the number of persons who will attend or use such facility, of the vehicular movement, or noise or fumes, or of the type of physical activity.

(h)

The standards set for each particular use for which a permit may be granted have been met.

(i)

The proposed use shall be subject to the minimum area, set back, and other locational requirements of the zoning district in which it will be located.

(j)

The proposed use shall be subject to the off street parking and service requirements of the zoning ordinance.

(6/22/94)

8.5.3

Additional Restrictions And Revocation Of Permits.

(a)

The Board of Adjustment may impose or require such additional restrictions and standards as may be necessary to protect the health and safety of workers and residents of the community, and to protect the value and use of property in the general neighborhood.

(b)

Wherever the Board of Adjustment shall find, in the case of any permit granted pursuant to the provisions of these regulations, that any of the terms, conditions, or restrictions, upon which such permit was granted are not being complied with, said board shall rescind and revoke such permit after giving the notice to all parties concerned and granting full opportunities for a hearing.

(6/22/94)

8.5.4

Variances. To authorize upon appeal in specific cases such variance from the terms of the Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the Ordinance will, in an individual case, result in practical difficulty or unnecessary hardship so that the spirit of the Ordinance shall be observed, public safety and welfare secured, and substantial justice done. The existence of non-conforming use of neighborhood land, buildings, or structures in the same district or of permitted or non-conforming uses in other districts shall not constitute a reason for the requested variance. Such variance may be granted in such individual case of unnecessary hardship upon a finding by the Board of Adjustment that the following conditions exist:

(a)

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.

(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.

(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 shall not be regarded as a self-created hardship.

(d)

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. Any other ordinance that regulates land use or development may provide for variances consistent with the provisions of this subsection.

Appeals from decisions of the Board of Adjustment shall be according to G.S. 160A-388 and 160A-393.