The zoning administrator, appointed by the town board of commissioners, is duly charged with the enforcement of the provisions of this chapter. If the zoning administrator finds that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall also take any other action authorized by this chapter to ensure compliance with or to prevent violation of it provisions.

(Code 1995, § 155.165; Ord. of 6-1-1992)

(a)

No building, sign, or structure or any part thereof designed or intended to be used shall be erected or repaired until zoning permit has been issued by the zoning administrator or his authorized representative. A fee schedule adopted by the town board of commissioners lists the charges for the issuance of each zoning permit.

(b)

Each application or a zoning permit shall be accompanied by a plat, drawn to scale, showing accurate dimensions of the lot to be built upon, accurate dimensions of the building or sign to be erected, its location on the lot, and such other information as may be necessary to provide for the enforcement of this chapter. An accurate record of such applications and plats, together with a record of the action taken thereon, shall be kept in the office of the zoning administrator.

(c)

No permit for excavation or for erection of any building, sign, or part of a building or sign, or for repairs to or alteration of a building or sign or the relocation of a building or sign from the lot on which it is situated shall be issued until after a statement to its intended use has been filed by the applicant.

(Code 1995, § 155.166; Ord. of 6-1-1992; Ord. of 2-5-2007)

No land shall be used or occupied and no building, sign, or structure erected or altered shall be used or changed in use until a certificate of occupancy and compliance has been issued by the zoning administrator stating that the building, sign, and/or the proposed use or any combination thereof complies with the provisions of this chapter and other ordinance of the town. A certificate of the same shall be required for the purpose of changing any existing use, as well as for maintaining, reviewing, changing, or extending any nonconforming use. The aforementioned certificate shall be applied for coincidentally with the application or a zoning permit and shall be issued within ten working days after the erection or alterations of such building or part shall have been completed in conformity with the provisions of this chapter. A record of all such certificates shall be kept on file and copies shall be furnished, upon request, to any person having a propriety or tenancy interest in the buildings or land.

(Code 1995, § 155.167; Ord. of 6-1-1992)

If the zoning permit and occupancy and compliance certificates are denied, the applicant may appeal the action of the zoning administrator to the board of adjustment.

(Code 1995, § 155.168; Ord. of 6-1-1992)

(a)

Right of board of commissioners. The town board of commissioners may at any time amend, supplement, change, modify, or repeal the boundaries or regulations herein. Subsequently amendments or proposed changes may be initiated by the board of commissioners, planning board, board of adjustments, town planning staff or by one or more owners, optionees, or lessees of property within the area proposed to be changed or affected. Optionees or lessees of property requesting a zoning change or amendment must have notarized written consent of the owner or owners of the real property.

(b)

If this ordinance or the application to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given separate effect and to that end the provisions of this ordinance are declared to be severable.

(c)

Any ordinance or any part of the ordinance in conflict with this Ordinance, to the extent of such conflict, is hereby repealed.

(Code 1995, § 155.169; Ord. of 6-1-1992; Ord. of 3-5-2007; Ord. of 4-5-2010(3), § 1; Ord. of 2-4-2013(2))

State Law reference— Procedure for adopting, amending, or repealing development and zoning ordinances, G.S. 160A-364; changes, G.S. 160A-385; protest petition; form, requirements; time for filing, G.S. 160A-286.

(a)

In its interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety, and general welfare. Wherever the requirements of lawfully adopted rules regulations, chapter, deed restrictions, or covenants, the most restrictive, or that imposing the highest standards, shall govern.

(b)

All actions challenging the validity of this chapter or any amendment adopted thereto shall be brought within nine months after enactment.

(Code 1995, § 155.170; Ord. of 6-1-1992)

Within the district established by this chapter, there may exist lots, structures or land uses which were lawful before the ordinance from which this chapter is derived was passed but which would be prohibited or restricted under the terms of this chapter. It is the intent of this division to permit those nonconforming uses to continue until they are removed, but not to encourage their continuation. Such lots, structures, and uses of land shall be termed nonconforming, and shall be subject to the provisions set forth in this division.

(Code 1995, § 155.105; Ord. of 6-1-1992)

This category of nonconformance consists of vacant lots for which plats or descriptions have been recorded in the office of the register of deeds, which at the time of adoption or amendment of the ordinance from which this chapter is derived, fail to comply with the dimensional requirements for the districts in which they are located. Any such nonconforming lot may be used for any of the minimum uses permitted by this division for the district in which it is located, provided that it meets the yard requirements of that district.

(Code 1995, § 155.106; Ord. of 6-1-1992)

This category of nonconformance consists of structures existing at the time of adoption or amendment of the ordinance from which this division is derived, whose size or location does not conform with the yard, height, lot area, lot coverage, or other dimensional provisions of this chapter or any amendment thereto. Such structures may remain and their conforming use may continue, provided that any enlargement to such structures must conform to all applicable requirements of this division. If such structures are damaged or destroyed by fire, explosion, or other calamity, they may be reconstructed, provided that when reconstructed they comply with all applicable requirements of this chapter. If a nonconforming structure is moved from its location, it can only be replaced with a structure which conforms with the district regulations.

(Code 1995, § 155.107; Ord. of 6-1-1992)

This category of nonconformance consists of lots used for storage and salvage yards, used car lots, auto wrecking, and similar open uses where the only buildings on the lot are incidental and accessory to the open use of the lot and where such use is not permitted to be established hereafter under this chapter or amendment thereto in the district in which it is located.

(1)

No such nonconforming use shall be enlarged or increased, nor extend to occupy a greater area of land than was occupied at the effective date of the ordinance from which this chapter is derived.

(2)

No nonconforming use may be changed to another nonconforming use.

(3)

Where any nonconforming use of land, in part or whole, is made to conform to the regulations for the district in which it is located, the part or whole which has been made to conform may not thereafter be changed in such a manner as would be nonconforming.

(4)

Nonconforming uses shall not be reestablished after discontinuance for a period of 180 days, except in conformance with this chapter.

(Code 1995, § 155.108)

This category of nonconformance consists of buildings or structures used at the time of enactment of the ordinance from which this chapter is derived or amendment thereto for purposes of use not permitted in the district in which they are located. Such uses may be continued as follows:

(1)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.

(3)

No nonconforming use may be changed to another nonconforming use, except that the town board of commissioners may permit as a conditional use a change in the nonconforming use if the board finds that such new use would be more in character with the uses permitted in the district than the previous use, provided that once the town board has permitted such substitution, the new use shall not lose its status as a legal nonconforming use and become subject to any conditions required by the town board. Once such change has been made, use of the structure may not revert to the previous nonconforming use.

(4)

Where any nonconforming structure or use in part or whole is made to conform to the regulations for the district in which it is located, the part or whole which has been made to conform may not thereafter be changed in such a manner as would be nonconforming.

(5)

If a nonconforming use is discontinued for a period of 180 consecutive days, the future use of the building or land must be a conforming use.

(6)

Maintenance and repairs necessary to keep a structure housing a nonconforming use in sound condition shall be permitted.

(7)

Should a nonconforming structure be destroyed by any means to an extent of more than 65 percent of its replacement value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter, or until a special use permit has been granted by the board of commissioners. The special use permit must be applied for within 180 days after the structure has been destroyed.

(Code 1995, § 155.109; Ord. of 6-1-1992)

(a)

Existing manufactured homes on nonconforming individual lots may be replaced with another manufactured home when they meet the following requirements:

(1)

When a manufactured home on a nonconforming individual lot is moved or rendered uninhabitable for any reason, a home may be replaced with a class A (doublewide) manufactured home meeting all other standards of this chapter within 180 contiguous days (six months) of the date it was moved or rendered uninhabitable.

(2)

If the identical nonconforming lot remains vacant 180 contiguous days (six months) after a manufactured home was removed from it or rendered uninhabitable for any reason, the lot shall not be permitted to be occupied by a manufactured home in the future.

(3)

All manufactured homes to be installed or set up to replace existing manufactured homes on nonconforming individual lots shall comply with the following supplementary regulations for manufactured homes:

a.

Manufactured homes shall be no older than five years from the date of permit application verified through title or manufactured home dealer certification.

b.

Interior and exterior finishes, foundations and roofing shall be in good condition. Any deficiencies in the structural or physical condition of the manufactured home shall be noted by the building inspection official and repaired by the party responsible before a certificate of occupancy is issued.

c.

Manufactured homes shall have a continuous masonry brick foundation curtain wall, unpierced excepted for required ventilation and access.

d.

Stairs, porches or entrance platforms, ramps or other means of entrance and exit to the manufactured home shall be installed and constructed in accordance with the state building code. They shall be attached firmly to the primary structure or anchored securely to the ground. Steps shall be at least as wide as the door they serve. All steps leading into and out of the manufactured home shall have handrails located on both sides of the door.

(b)

All of these standards shall be met prior to connection of electrical, water and sewer services.

(Code 1995, § 155.110; Ord. of 6-1-1992; Ord. of 5-10-2002)

Nonconforming manufactured home parks shall be allowed to fill vacant manufactured home spaces when the incoming manufactured homes meet the following requirements:

(1)

When a manufactured home in a nonconforming manufactured home park is moved or rendered uninhabitable for any reason, the vacated site may be filled with a class A (doublewide) or class B (singlewide) manufactured home meeting all other standards of this chapter provided the site is filled within 180 contiguous days (six months) of the date the site was vacated or the existing manufactured home was rendered uninhabitable.

(2)

If the identical vacated lot in a nonconforming manufactured home park remains vacant 180 contiguous days (six months) after a manufactured home was removed from it or rendered uninhabitable for any reason, the lot shall not be permitted to be occupied by a manufactured home in the future.

(Code 1995, § 155.111; Ord. of 6-1-1992; Ord. of 5-10-2002)

The owner of any nonconforming structure or tree in the "A" airport district is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the town airport commission to indicate to the operators of such aircraft in the vicinity of the airport the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the airport commission.

(Code 1995, § 155.112; Ord. of 6-1-1992)

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on. For the purpose of this section, the term "actual construction" means and shall include the placing of construction materials in a permanent position and fastened in a permanent manner, provided that actual construction work shall be diligently carried on until the completion of the building involved.

(Code 1995, § 155.113; Ord. of 6-1-1992)

A board of adjustment is hereby created consisting of five members. Three members shall reside within the town and shall be appointed by the town board of commissioners. One member, who resides in the extraterritorial area, shall be appointed by the county board of commissioners. One member, who resides in the extraterritorial area in the county, shall be appointed by the county board of commissioners.

(1)

All new terms shall be for three years, and members may be reappointed.

(2)

The town board of commissioners shall also appoint two alternate members to serve in the absence of regular members. One alternate member shall reside in the town and one shall reside within the extraterritorial area. 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. Where a regular member of the board of adjustment is disqualified from voting on an individual matter, an alternate may temporarily serve in place of the regular member to vote on the matter in question.

(3)

Members shall receive such compensation as may be established by the board from time to time.

(4)

The zoning ordinance may provide for the appointment and compensation of a board of adjustment consisting of five or more members, each to be appointed for three years. In appointing the original members or in the filling of vacancies caused by the expiration of the terms of existing members, the city council may appoint certain members for less than three years so that the terms of all members shall not expire at the same time. The council may appoint and provide compensation for alternate members to serve on the board in the absence or temporary disqualification of any regular member or to fill a vacancy pending appointment of a member. Alternate members shall be appointed for the same term, at the same time, and in the same manner as regular members. Each alternate serving on behalf of any regular member has all the powers and duties of a regular member. The ordinance may designate a planning board or governing board to perform any of the duties of a board of adjustment in addition to its other duties and may create and designate specialized boards to hear technical appeals.

(Code 1995, § 155.150; Ord. of 6-1-1992; Ord. of 3-5-2007; Ord. of 1-14-2014, § 1)

State Law reference— Authority for board of adjustment, G.S. 160A-388.

The board shall adopt rules governing its organization and for all proceeding before it. Such rules shall provide and require the following, in addition to such other rules and regulations the board shall adopt:

(1)

The board shall elect a chairman, vice-chairman, and a secretary on an annual basis.

(2)

The secretary shall take keep detailed minutes of the proceedings. The minutes shall contain relevant facts and testimony of each appeal, the vote of each member on each appeal, abstention from voting and attendance. The minutes shall contain the signature of the secretary and the chairperson.

(3)

Notice shall be given to all parties having interest in an appeal.

(4)

Any interested party may appear in person, by agent, or by attorney to offer evidence and testimony relative to an appeal.

(5)

Fees for filing appeals to the board of adjustment shall be in accordance with the fee schedule adopted by the town board of commissioners

(6)

Notice of hearings conducted pursuant to this section shall be mailed to the person or entity whose appeal, 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 any other persons entitled to receive notice as provided by the zoning or unified development ordinance. In the absence of evidence to the contrary, the city 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, the city shall also prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway right-of-way.

(7)

The board shall determine contested facts and make its decision within a reasonable time. Every quasi-judicial decision shall be based upon competent, material, and substantial evidence in the record. Each quasi-judicial decision shall be reduced to writing and reflect the board's determination of contested facts and their application to the applicable standards. The written decision shall be signed by the chair or other duly authorized member of the board. A quasi-judicial decision is effective upon filing the written decision with the clerk to the board or such other office or official as the ordinance specifies. The decision of the board shall be delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, and to any person who has submitted a written request for a copy, prior to the date the decision becomes effective. The person required to provide notice shall certify that proper notice has been made.

Every quasi-judicial decision shall be subject to review by the superior court by proceedings in the nature of certiorari pursuant to G.S. 160A-393. A petition for review shall be filed with the clerk of superior court by the later of 30 days after the decision is effective or after a written copy thereof is given in accordance with subdivision (1) of this subsection. When first-class mail is used to deliver notice, three days shall be added to the time to file the petition.

(8)

The chair of the board or any member acting as chair and the clerk to the board are authorized to administer oaths to witnesses in any matter coming before the board. Any person who, while under oath during a proceeding before the board of adjustment, willfully swears falsely is guilty of a Class 1 misdemeanor.

(9)

The board of adjustment through the chair, or in the chair's absence anyone acting as chair, may subpoena witnesses and compel the production of evidence. To request issuance of a subpoena, persons with standing under G.S. 160A-393(d) may make a written request to the chair explaining why it is necessary for certain witnesses or evidence to be compelled. The chair shall issue requested subpoenas he or she determines to be relevant, reasonable in nature and scope, and not oppressive. The chair shall rule on any motion to quash or modify a subpoena. Decisions regarding subpoenas made by the chair may be appealed to the full board of adjustment. If a person fails or refuses to obey a subpoena issued pursuant to this subsection, the board of adjustment or the party seeking the subpoena may apply to the General Court of Justice for an order requiring that its subpoena be obeyed, and the court shall have jurisdiction to issue these orders after notice to all proper parties.

(10)

Every quasi-judicial decision shall be subject to review by the superior court by proceedings in the nature of certiorari pursuant to G.S. 160A-393. A petition for review shall be filed with the clerk of superior court by the later of 30 days after the decision is effective or after a written copy thereof is given in accordance with subdivision (1) of this subsection. When first-class mail is used to deliver notice, three days shall be added to the time to file the petition.

(Code 1995, § 155.151; Ord. of 6-1-1992; Ord. of 3-5-2007; Ord. of 1-14-2014, § 2)

State Law reference— G.S. 160A-388(a2); G.S. 160A-388(e2); G.S. 160A-388(f); G.S. 160A-388(g).

The board of adjustment shall have the following powers and duties:

(1)

Administrative review. To hear and decide any appeal from and review any order, requirement, decision, or determination made by the zoning administrator.

(2)

Variances. To authorize, upon appeal, in specific cases, such variances from the terms of this chapter which will not be contrary to the public interest. When unnecessary hardships would result from carrying out the strict letter of a zoning ordinance, the board of adjustment shall vary any of the so that provisions of the ordinance upon a showing of all of the following:

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.

1.

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. Such conditions may be imposed by the board regarding the location, character, and other features of the proposed building, structure, or use as may be deemed by the board to protect property values and general welfare of the neighborhood. Nonconformance with such conditions and safeguards, when under part of the terms under which the variance is granted shall be deemed a violation of this chapter.

2.

In addition to the grounds for granting variance specified by state law, the board of adjustment may grant a variance when it finds that the granting of the requested variance will cause no significant hazard, annoyance, or inconvenience to the owners or occupants of nearby property, will not significantly change the character of the neighborhood or reduce the value of nearby property, will not impose any significant cost burden upon the town, and will not create any significant obstacles to the implementation of the town's land use plan. The board of adjustment may attach any conditions to the granting of a variance under this section which it may find necessary to ensure that the intent and purpose of this chapter are in all respects observed.

(3)

Conditional uses. To hear and decide requests for conditional use permits allowed by this chapter.

a.

A conditional use permit may be issued by the zoning administrator after approval by the board of adjustment for the uses as designated in the district regulations. The application for a conditional use permit shall accompany the application for a zoning permit. The application for the conditional use permit shall be filed 15 working days prior to the date of review by the board of adjustment. The board of adjustment shall hold a public hearing prior to rendering a decision on the conditional use permit, and if approved, shall include approval of such plans as may be required. In approving the permit, the board of adjustment shall find that:

1.

The use will not materially endanger the public health, safety or general welfare if located where proposed and developed according to the plan as submitted and approved;

2.

The use meets all required conditions;

3.

The location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development of the town and its environs.

b.

In approving the conditional use permit, the board of adjustment may designate such conditions, in addition and in connection therewith, as will, in its opinion, assure that the use in its proposed location will be harmonious and with the spirit and intent of this chapter. All such additional conditions shall be entered in the minutes of the meeting at which the conditional use permit is granted, on the conditional use permit, and on the plans submitted therewith. All conditions shall run with the land and shall be binding on the original applicant for the conditional use permit, the heirs, successors, and assigns. In order to ensure that such conditions and requirements of each conditional use permit will be fulfilled, the petitioner for the conditional use permit may be required to provide physical improvements required as a basis for the issuance of the conditional use permit.

c.

If the board of adjustment denies the conditional use permit, the reasons therefor shall be entered in the minutes of the meeting at which the permit is denied.

d.

In addition to the specific conditions imposed by article III of this chapter and whatever additional conditions the board of adjustment deems to be reasonable and appropriate, conditional uses shall comply with the height, yards, area, and parking regulations of the zone in which they are located.

e.

In the event of failure to comply with the plans approved by the board of adjustment or with any conditions imposed upon the conditional use permit, the permit shall thereupon immediately become void and of no effect. No zoning permits for further construction or certificate of occupancy/compliance under the conditional use permit shall be issued, and the use not thereafter be used for any purpose other than a use-by-right as permitted by the zone in which the property is located.

f.

Where plans are required to be submitted and approved as part of the application for the conditional use permit, modifications of the original plans may be made by the board of adjustment.

g.

After a conditional use permit has been issued the applicant has six months to exercise or consummate the conditional use. If the conditional use is not consummated during this six-month period, the conditional use is null and void. However, this does not apply to vested rights.

h.

If a conditional use granted by the board of adjustment ceases to exist for a period of 180 days, the conditional use permit becomes null and void.

i.

When a petition for a conditional use permit is denied, a period of 12 months must elapse before another petition for the same conditional use may be submitted.

(Code 1995, § 155.152; Ord. of 6-1-1992; Ord. of 3-5-2007; Ord. of 1-14-2014, § 6)

State Law reference— Authority for board of adjustment, G.S. 160A-388; G.S. 160A-388(d).

(a)

The zoning ordinance may provide that the board of adjustment hear and decide conditional use permits, requests for variances, and appeals of decisions of administrative officials charged with enforcement of the ordinance. As used in this section, the term "decision" includes any final and binding order, requirement, or determination. The board of adjustment shall hear and decide appeals decisions of administrative officials charged with enforcement of the zoning ordinance and may hear appeals arising out of any other ordinance that regulates land use or development, pursuant to all of the following:

(1)

Any person who has standing under G.S. 160A-393(d) or the city may appeal a decision to the board of adjustment. An appeal is taken by filing a notice of appeal with the city clerk. The notice of appeal shall state the grounds for the appeal.

(2)

The official who made the decision shall give written notice to the owner of the property that is the subject of the decision and to the party who sought the decision, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail.

(3)

The owner or other party shall have 30 days from receipt of the written notice 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 decision within which to file an appeal.

(4)

It shall be conclusively presumed that all persons with standing to appeal have constructive notice of the decision from the date a sign containing the words "zoning decision" or "subdivision decision" in letters at least six inches high and identifying the means to contact an official for information about the decision is prominently posted on the property that is the subject of the decision, provided the sign remains on the property for at least ten days. Posting of signs is not the only form of constructive notice. Any such posting shall be the responsibility of the landowner or applicant. Verification of the posting shall be provided to the official who made the decision. Absent an ordinance provision to the contrary, posting of signs shall not be required.

(5)

The official who made the decision shall transmit to the board all documents and exhibits constituting the record upon which the action 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.

(6)

An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from unless the official who made the decision certifies to the board of adjustment 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 ordinance. 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 of adjustment shall meet to hear the appeal within 15 days after such a request is filed. Notwithstanding the foregoing, appeals of decisions granting a permit or otherwise affirming that a proposed use of property is consistent with the ordinance shall not stay the further review of an application for permits or permissions to use such property; in these situations the appellant may request and the board may grant a stay of a final decision of permit applications or building permits affected by the issue being appealed.

(7)

Subject to the provisions of subdivision (6) of this subsection, the board of adjustment shall hear and decide the appeal within a reasonable time.

(8)

The official who made the decision shall be present at the hearing as a witness. The appellant shall not be limited at the hearing to matters stated in the notice of appeal. If any party or the city would be unduly prejudiced by the presentation of matters not presented in the notice of appeal, the board shall continue the hearing. The board of adjustment may reverse or affirm, wholly or partly, or may modify the decision appealed from and shall make any order, requirement, decision, or determination that ought to be made. The board shall have all the powers of the official who made the decision.

(9)

When hearing an appeal pursuant to G.S. 160A-400.9(e) or any other appeal in the nature of certiorari, the hearing shall be based on the record below and the scope of review shall be as provided in G.S. 160A-393(k).

(10)

The parties to an appeal that has been made under this subsection may agree to mediation or other forms of alternative dispute resolution. The ordinance may set standards and procedures to facilitate and manage such voluntary alternative dispute resolution.

(11)

The official who made the decision shall give written notice to the owner of the property that is the subject of the decision and to the party who sought the decision, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail.

(12)

It shall be conclusively presumed that all persons with standing to appeal have constructive notice of the decision from the date a sign containing the words "zoning decision" or "subdivision decision" in letters at least six inches high and identifying the means to contact an official for information about the decision is prominently posted on the property that is the subject of the decision, provided the sign remains on the property for at least ten days. Posting of signs is not the only form of constructive notice. Any such posting shall be the responsibility of the landowner or applicant. Verification of the posting shall be provided to the official who made the decision. Absent an ordinance provision to the contrary, posting of signs shall not be required.

(b)

The board of adjustment shall fix a reasonable time, not to exceed 30 days, for the hearing of the appeal and publish notice of such hearing in a newspaper of general circulation in the town five working days prior to the hearing.

(c)

The board of adjustment, by a vote of at least four of its five members, may reverse any order, requirement, decision, or determination of the zoning administrator, or may decide in favor of the applicant a matter upon which the board is required to pass under the chapter, or may grant a variance from the provisions of the chapter, as provided by G.S. 160A-388(e).

(d)

Each decision of the board of adjustment is subject to review by the county superior court. 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 of the decision is delivered to the appellant by registered mail, return receipt requested, whichever is later, as provided by G.S. 160A-388(e)(2).

(Code 1995, § 155.153; Ord. of 1-14-2014, §§ 3, 4)

State Law reference— Board of adjustment, G.S. 160A-388; G.S. 160A-388(b1); G.S. 160A-388(b1)(2); G.S. 160A-388(b1)(4).

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 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.

(Ord. of 1-14-2014, § 5)

State Law reference— G.S. 160A-388(e).