(a)

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.

(b)

Reserved.

(c)

Standing. Any person who has standing G.S. 160D-1402(c), 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.

(d)

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.

(e)

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.

(f)

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 town 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.

(g)

Appeals of decisions. Any appeal from the decision of the board of adjustment shall be made to the county superior court, in accordance with the provisions of G.S. 160D-1402.

(Ord. No. 2014-262, § 2, 7-8-14; Ord. No. 22-051, § 31, 12-13-22)

(a)

An application for a variance shall be submitted to the board of adjustment by filing a copy of the application with the zoning administrator. Applications shall be handled in the same manner as applications for special use permits in conformity with the provisions of section 15-48, 15-49 and 15-54.

(b)

When unnecessary hardships would result from carrying out the strict letter of the land use ordinance, the board of adjustment shall vary any of the provisions of the ordinance upon a showing of all of the following:

(1)

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.

(2)

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.

(3)

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.

(4)

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.

(c)

No change in permitted uses may be authorized by variance.

(d)

The board of adjustment may impose appropriate conditions on any variance, provided that the conditions are reasonably related to the variance.

(e)

A variance may be issued for an indefinite duration or for a specified duration only.

(f)

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 this ordinance.

(g)

In granting a variance, the board of adjustment must vote affirmatively on each of the four required findings stated in subsection (b). Insofar as practicable, a separate motion to make an affirmative finding on each of the requirements set forth in subsection (b) shall include a statement of the specific reasons or findings of fact supporting each motion.

(h)

A motion to deny the variance may be made on the basis that any one or more of the four criteria set forth in subsection (b) is not satisfied or that the application is incomplete. Such a motion shall include a statement of the specific reasons or findings of fact that support it.

(Ord. No. 2014-262, § 2, 7-8-14; Ord. No. 22-051, § 32, 12-13-22)

(a)

The zoning administrator is authorized to interpret the official zoning map and to pass upon disputed questions of lot lines or district boundary lines and similar questions. If such questions arise in the context of an appeal from a decision of the zoning administrator, they shall be handled as provided in section 15-91.

(b)

A written request for a map interpretation shall be submitted to the zoning administrator (or board of adjustment in cases of appeal by filing a copy of the application with the zoning administrator). The written request or application in the case of appeal shall contain sufficient information to enable the zoning administrator or board to make the necessary interpretation.

(c)

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of alleys, streets, highways, streams, or railroads shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following lot lines, city limits or extraterritorial boundary lines shall be construed as following such lines, limits or boundaries.

(3)

Boundaries indicated as following shorelines shall be construed to follow such shorelines and in the event of change in the shoreline shall be construed as following such changed shorelines.

(4)

Where distances are not specifically indicated on the official zoning map, the boundary shall be determined by measurement, using the scale of the official zoning map. Where a zoning district boundary divides a lot, the zoning district that occupies the majority of the lot shall be considered the zoning district for the entire lot. Said district boundary shall be interpreted to follow lot lines.

(5)

Where any street or alley is hereafter officially closed, the regulation applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such closing.

(Ord. No. 2014-262, § 2, 7-8-14)

As provided in sections 15-65 and 15-91(f), 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 a regularly established meeting schedule, follow agenda procedures, provide notice in accordance with article VI, and obtain the necessary information to make sound decisions.

(Ord. No. 2014-262, § 2, 7-8-14)

(a)

When an appeal is taken to the board of adjustment in accordance with section 15-91, other than an appeal pursuant to section 15-428(k), the zoning administrator shall have the initial burden of presenting to the board 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 subsection 15-92(b), as well as the burden of persuasion on those issues, remains with the applicant seeking the variance.

(Ord. No. 2014-262, § 2, 7-8-14)

(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 fact that support the motion. If such a motion is not made or fails to receive the votes necessary for adoption then the stated decision of the zoning administrator shall stand.

(b)

In granting a variance, the board must vote affirmatively by a four-fifths majority pursuant to section 15-36 to all of the four required findings stated in subsection 15-92(b). Insofar as practicable, a motion to make an affirmative finding on each of the requirements set forth in subsection 15-92(b) shall include a statement of the specific reasons for findings of fact supporting such motion.

(c)

A motion to deny a variance may be made on the basis that any one or more of the three criteria set forth in subsection 15-92(b) is not satisfied or that the application is incomplete. Insofar as practicable, such a motion shall include a statement of the specific reasons or findings of fact that support it.

(d)

As to any matter other than granting a variance, if a motion to reverse or modify is not made or fails to receive the requisite votes necessary for adoption then the initial decision shall stand.

(Ord. No. 2014-262, § 2, 7-8-14)