As provided in Section 4-17, the Board of Adjustment shall hear and decide all appeals of administrative decisions made by staff and variance requests as expeditiously as possible, consistent with the need to follow regularly established agenda procedures, provide notice in accordance with Article 6, and obtain the necessary information to make sound decisions.

5-2.1

Applicability. Appeals of decisions made by the Land Use Administrator or his/her deputy or staff under this Ordinance shall be made to the Board of Adjustment. Appeals shall be heard by the Board of Adjustment, in compliance with the quasi-judicial processes set forth herein.

5-2.2

Standing. Any person who has standing or the City may appeal an administrative decision to the Board of Adjustment. An appeal is taken by filing a notice of appeal with the Clerk to the Board. The notice of appeal shall state the grounds for the appeal.

5-2.3

Time to Appeal. The owner or other party shall have 30 days from receipt of the written notice of the determination within which to file an appeal. Any other person with standing to appeal shall have 30 days from receipt from any source of actual or constructive notice of the determination within which to file an appeal. In the absence of evidence to the contrary, notice given by first-class mail shall be deemed received on the third business day following deposit of the notice for mailing with the United States Postal Service.

5-2.4

Record of Decision. The official who made the decision shall transmit to the Board of Adjustment all documents and exhibits constituting the record upon which the decision appealed from is taken. The official shall also provide a copy of the record to the appellant and to the owner of the property that is the subject of the appeal if the appellant is not the owner.

5-2.5

Stays. An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from and accrual of any fines assessed unless the official who made the decision certifies to the Board after notice of appeal has been filed that, because of the facts stated in an affidavit, a stay would cause imminent peril to life or property or, because the violation is transitory in nature, a stay would seriously interfere with enforcement of the development regulation. In that case, enforcement proceedings shall not be stayed except by a restraining order, which may be granted by a court. If enforcement proceedings are not stayed, the appellant may file with the official a request for an expedited hearing of the appeal, and the Board shall meet to hear the appeal within 15 days after such a request is filed. Notwithstanding the foregoing, appeals of decisions granting a development approval or otherwise affirming that a proposed use of property is consistent with the development regulation shall not stay the further review of an application for development approvals to use such property; in these situations, the appellant or City may request and the Board may grant a stay of a final decision of development approval applications, including building permits affected by the issue being appealed.

5-2.6

The Appeals of Decisions. Any appeal from the decision of the Board of Adjustment shall be made to Superior Court of Carteret County, in accordance with the provisions of N.C.G.S. § 160D-1402.

(Ord. No. 2025-O-04, 1-14-2025)

5-3.1

Findings of Fact. When unnecessary hardships would result from carrying out the strict letter of a requirement of this Ordinance, the Board of Adjustment shall vary the requirement of this Ordinance upon a showing of all of the following:

(A)

Unnecessary hardship would result from the strict application of the requirement. 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. 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 shall not be regarded as a self-created hardship.

(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.

5-3.2

Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance.

5-3.3

No change in permitted uses may be authorized by variance.