Littleton City Zoning Code
BOARD OF
ADJUSTMENT
§ 153.075 CREATION; MEMBERSHIP.
(A) The Board of Commissioners shall create a Board of Adjustment consisting of five members, which shall consist of residents of the town and the extraterritorial jurisdiction proportionate to their population as provided in G.S. § 160D-307. The in town members shall be appointed by the Board of Commissioners. The extraterritorial members shall be appointed by the county’s Board of Commissioners in accordance with G.S. § 160D-307.
(B) Members shall be appointed to staggered three-year terms. Terms shall expire on June 30. Members shall serve until the expiration of their terms or until their successors have been appointed.
(C) Vacancies occurring for reasons other than expiration of terms shall be filled for the period of the unexpired term by the Board of Commissioners for in town members, and by the county’s Board of Commissioners for extraterritorial members.
(D) Faithful attendance at the meetings of the Board of Adjustment is considered a prerequisite for the maintenance of membership on the Board. Unexcused absence from three consecutive meetings shall be deemed adequate reason for termination of membership on the Board of Adjustment by the Board of Commissioners.
(E) The Board of Commissioners shall also select two alternate members to serve in the absence of regular members. One alternate member who resides in the town shall be appointed by the Board of Commissioners and one who resides within the extraterritorial area shall be appointed by the county’s Board of Commissioners. Both the initial appointment and new terms shall be for three years, and alternate members may be reappointed. Each alternate member, while attending any regular or special meeting of the Board of Adjustment and serving in the absence of any regular member, shall have and may exercise all the powers and duties of a regular member.
(Ord. 21- , passed - -2021)
§ 153.076 ORGANIZATION; RULES OF PROCEDURE.
(A) The Board of Adjustment shall elect a Chairperson and Vice-Chairperson from its regular members, who shall serve for one year or until reelected or until their successors are elected. The Board shall adopt rules and bylaws in accordance with the provisions of this code and G.S. § 160D-302. Meetings of the Board of Adjustment shall be held at the call of the Chairperson and at other times as the Board of Adjustment may determine. The Chairperson, or in his or her absence, the Vice-Chairperson, may administer oaths and compel the attendance of witnesses by subpoena. All meetings of the Board of Adjustment shall be open to the public.
(B) Hearings by the Board in connection with Board of Adjustment duties shall be conducted in accordance with § 153.061 of this code.
(Ord. 21- , passed - -2021)
§ 153.077 DECISION; APPEAL.
Every decision of the Board of Adjustment shall be filed in the office of the Zoning Administrator and a written copy thereof shall be delivered to the appellant by personal service or registered mail. Every decision by the Board of Adjustment shall be subject to review by Superior Court by proceeding in the nature of certiorari. Any appeal to the Superior Court shall be taken within 30 days after the decision of the Board of Adjustment is filed in the office of the Zoning Administrator, or after a written copy thereof is delivered to the appellant by personal service receipt requested, whichever is later. If the decision is mailed to the appellant, it is deemed to have been received on the third business day after it is sent pursuant to G.S. § 160D-405(c).
(Ord. 21- , passed - -2021)
§ 153.078 POWERS AND DUTIES.
The Board of Adjustment shall have the following powers and duties:
(A) Administrative review. To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of this chapter. An appeal may be taken by any person aggrieved or by an officer, department or board of the town. Appeals shall be taken within times prescribed by the Board of Adjustment by general rule, by filing with the officer from whom the appeal is taken, and with the Board of Adjustment, a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. 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 chapter. In that case, proceedings shall not be stayed except by a restraining order, which may be granted by the Board of Adjustment or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give due notice thereof to the parties, and decide it within a reasonable time. The Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and shall make any order, requirement, decision or determination that, in its opinion, ought to be made in the premises. To this end, the Board of Adjustment shall have all the powers of the officer from whom the appeal is taken.
(B) Variances. To authorize upon appeal in specific cases, the variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will, in an individual case, result in practical difficulty, or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. The existence of a nonconforming use of neighboring land, building or structure in the same district, or of permitted or nonconforming uses in other districts, shall not constitute a reason for the requested variance. The variance may be granted in individual cases of unnecessary hardship upon a finding by the Board of Adjustment that the following conditions exist.
(1) There are exceptional conditions pertaining to the particular piece of property in question because of its shape, size or topography, that are not applicable to other lands or structures in the same district, or there is a peculiar characteristic of an establishment which makes the parking and/or loading requirements of this chapter unrealistic.
(2) Granting the variance requested will not confer upon the applicant any special privileges that are denied to other residents of the district in which the property is located. However, pursuant to G.S. § 160D-705(d)(2), a variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act, being 42 U.S.C. §§ 3601 et seq., for a person with a disability.
(3) A literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located.
(4) The requested variance will be in harmony with the purpose and intent of this chapter and will not be injurious to the neighborhood or to the general welfare.
(5) The special circumstances are not the result of the actions of the applicant.
(6) The variance is not a request to permit a use which is not a permitted use in the district involved.
(C) Conditions imposed on variances. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards to ensure that substantial justice has been done and that the public safety and welfare has been assured. These conditions may be imposed by the Board of Adjustment regarding the location, character and other features of the proposed building, structure or use as may be deemed by the Board of Adjustment to protect property values and general welfare of the neighborhood. Nonconformance with the conditions and safeguards, when part of the terms under which the variance is granted, shall be deemed a violation of this chapter.
(D) Special uses. To hear and decide whether to allow specific special uses to be established in the districts indicated; to decide the questions as are involved in determining whether a special use should be granted; to grant special uses with the conditions and safeguards as are appropriate under this chapter, or to deny special uses when not in harmony with the purpose and intent of this chapter. Application for special uses shall be decided in accordance with the provisions in §§ 153.060, 153.061 and 153.062 of this code.
(Ord. 21- , passed - -2021) Penalty, see § 153.999