The town council shall require that each of the boards and commissions provided for in this chapter adopt rules and maintain records.

(1)

Rules of conduct. Each board shall adopt rules necessary to conduct its affairs and to establish board organization, committees, procedures, meeting notice and meeting conduct.

(2)

Conformance of rules. Such rules adopted by the board shall be in accordance with state law and the provisions of this chapter.

(3)

Election and terms of officers. Unless otherwise provided by this chapter, a chairman and vice-chairman of the board shall be elected by members of the board to serve a one year term. The secretary does not have to be a member of the board.

(4)

Record of meetings. The board shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicate such fact. The board shall also keep records of its examinations and other official actions. All such records and minutes shall be public record.

(5)

Conflicts of interest. Members of governing or appointed boards shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to this chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. Such board members shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.

(6)

Oath of office. All members appointed to boards under this article shall, before entering their duties, qualify by taking an oath of office as required by G.S. 160A-61.

(Ord. of 1-6-2000, § 9-4.1; Ord. No. O-2021-13, § 1, 7-1-2021)

(a)

Inclusion of alternates. The town council may appoint alternate members to serve in the absence or temporary disqualification of regular members.

(b)

Powers and duties. Each alternate member, attending a meeting of the board and serving in the absence or temporary disqualification of a regular member, has and may exercise all the powers and duties of a regular member.

(c)

Extraterritorial representation on boards.

(1)

Proportional representation. Upon exercising extraterritorial powers the town shall provide a means of proportional representation based on population for residents of the extraterritorial area to be regulated. The population estimates for this calculation shall be updated no less frequently than after each decennial census. Representation shall be provided by appointing at least one resident of the entire extraterritorial planning and development regulation area to the planning board, board of adjustment, appearance commission, and the historic preservation commission if there are historic districts or designated landmarks in the extraterritorial area.

(2)

Appointment. The extraterritorial representatives on a city advisory board authorized by this Article shall be appointed by the board of county commissioners with jurisdiction over the area. The county shall make the appointments within 90 days following the receipt of a request from the town. Once the town provides proportional representation, no power available to a city under this chapter is ineffective in its extraterritorial area solely because county appointments have not yet been made. If there is an insufficient number of qualified residents of the extraterritorial area to meet membership requirements, the board of county commissioners may appoint as many other residents of the county as necessary to make up the requisite number. When the extraterritorial area extends into two or more counties, each board of county commissioners concerned shall appoint representatives from its portion of the area, as specified in the ordinance. If a board of county commissioners fails to make these appointments within 90 days after receiving a resolution from the city council requesting that they be made, the city council may make them.

(Ord. of 1-6-2000, § 9-1.4; Ord. of 7-6-2006, § 9-1.4; Ord. No. O-2021-13, § 1, 7-1-2021)

(a)

Length of terms. Members and alternate members of the board shall serve a term of three years, provided that upon initial appointment the terms of office may be staggered. The terms of all board members shall not expire at the same time.

(b)

Reserved.

(c)

Filling of vacancies. Vacancies created by resignation or other causes shall be filled as follows:

(1)

A new member or an alternate member may be appointed to fill the unexpired term of the member so vacating.

(2)

Members filling vacancies shall serve for the remainder of the unexpired term.

(Ord. of 1-6-2000, § 9-1.5; Ord. of 9-6-2007)

Compensation, if any, for board and commission members may be provided for by the town council.

(Ord. of 1-6-2000, § 9-1.6)

There is hereby created a planning agency, pursuant to G.S. 160D-301, to be known as the planning and zoning board.

(Ord. of 1-6-2000, § 9-2.1; Ord. No. O-2021-13, § 1, 7-1-2021)

The planning and zoning board shall consist of six members and may have alternates as appointed by the city council. One member residing in the extraterritorial jurisdiction area shall be appointed as an outside representative in accordance with the provisions of G.S. 160D-307; The outside representative shall have equal rights, privileges and duties with the other members of the planning and zoning board.

(Ord. of 1-6-2000, § 9-2.2; Ord. of 8-6-2009, § 2; Ord. No. O-2021-13, § 1, 7-1-2021; Ord. of 6-1-2023)

The planning and zoning board shall have the following powers and duties:

(1)

To hear and recommend to the town council matters in accordance with the terms of this chapter; to wit: zoning map amendments and zoning vested rights;

(2)

To hear and recommend to the town council matters on appeal from the enforcement officer for soil erosion; to wit: subdivisions, site plans, and soil erosion plans;

(3)

To hear and recommend to the town council matters pertaining to road name changes, road closings, right-of-way vacations, easement removals, right-of-way encroachments, and watershed matters as assigned;

(4)

To provide recommendations to the town council with regard to any of the above matters which may be appealed; as well as those matters which remain with the town council as original jurisdiction such as text amendments and minor watershed modifications;

(5)

To develop a comprehensive plan for the territory under its jurisdiction, subject to specific direction from the town council;

(6)

To make such other studies and plans and review such other related matters as directed by the town council;

(7)

To review and approve new or altered plans including: subdivisions, clustered or attached residential development, planned unit developments, office, commercial, and industrial developments, street and utility improvements, and any other proposals for development specified by this chapter and waivers authorized in division 8 of article VIII;

(8)

To make recommendations to the town council on all minor and major watershed modification requests;

(9)

To exercise any other power and authority provided to it by the town council, this chapter and state law.

(Ord. of 1-6-2000, § 9-2.3; Ord. of 6-2-2016(1); Ord. of 3-1-2017; Ord. of 12-1-2022(2))

(a)

Any development regulation other than a zoning regulation that is proposed to be adopted may be referred to the planning board for review and comment. Any development regulation other than a zoning regulation may provide that future proposed amendments of that ordinance be submitted to the planning board for review and comment.

(b)

When conducting a review of proposed zoning text or map amendments pursuant to this section, the planning board shall advise and comment on whether the proposed action is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. The planning board shall provide a written recommendation to the governing board that addresses plan consistency and other matters as deemed appropriate by the planning board, but a comment by the planning board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the governing board. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-602(b), the planning board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the recommendation made.

(Ord. No. O-2021-13, § 1, 7-1-2021; Ord. of 12-1-2022(2))

A board of adjustment is hereby established pursuant to G.S. 160D-302.

(Ord. of 1-6-2000, § 9-4.1; Amend. of 4-5-2012, § 6; Ord. No. O-2021-13, § 1, 7-1-2021)

(a)

Number of members. The board of adjustment shall consist of at least five members, plus an additional two other members to serve as alternates. At least one member shall be a resident of the extraterritorial jurisdiction areas. The terms of the regular members of the board shall be for three years. The terms of the alternates shall be for three years, and each alternate member while serving in the absence or temporary disqualification of any regular member or to fill a vacancy pending appointment of a regular member shall have all the powers and duties of a regular member.

(b)

Town council serving as board of adjustment. If the town council chooses not to appoint members to the board of adjustment, it shall sit as the board of adjustment subject to the provisions of this chapter.

(c)

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

(1)

To hear and decide appeals from and review any order, requirement, decision, determination, or interpretation made by an administrative official charged with enforcing this chapter. For purposes of this section, the term "decision" includes any final and binding order, requirement, or determination.

(2)

To hear and determine requests for variances pursuant to G.S. 160D-302(b).

(3)

To review appeals from decisions of the historic preservation commission granting or denying a certificate of appropriateness, such review to be in the nature of certiorari.

(4)

To interpret zoning maps and pass upon disputed questions of district boundary lines and similar questions that may occur in the administration of this chapter.

(5)

To determine upon application of an owner or upon referral from the enforcement officer whether a proposed nonconforming use is equal or less intensive than an existing, legal nonconforming use, in accordance with subsection 30-303(b).

(6)

To hear and decide all matters upon which it is required to pass under any statute or ordinance that regulates land use or development.

(Ord. No. O-2013-10, § 2, 9-5-2013; Ord. No. O-2021-13, § 1, 7-1-2021)

(a)

The board of adjustment shall follow quasi-judicial procedures in determining appeals of administrative decisions and certificates of appropriateness and requests for special use permits and variances.

(b)

Notice of hearings conducted by the board of adjustment 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 this chapter. In the absence of evidence to the contrary, the town shall rely on the Guilford County tax listing to determine owners of property entitled to mailed notice. The notice shall be deposited in the mail by the clerk at least ten days, but not more than 15 days, prior to the date of the hearing. Within that same time period. the town 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.

(c)

The quasi-judicial procedure calls for an evidentiary hearing to gather, competent, material and substantial evidence related to the facts of the case. Any testimony will be under oath and the decisions will include findings of fact related to the particular request pursuant to G.S. 160D-406).

(d)

The applicant, the town, and any person who would have standing to appeal the decision under G.S. 160D-1402(c) shall have the right to participate as a party at the evidentiary hearing. Other witnesses may present competent, material, and substantial evidence that is not repetitive as allowed by the board.

Objections regarding jurisdictional and evidentiary issues, including, but not limited to, the timeliness of an appeal or the standing of a party, may be made to the board. The board chair shall rule on any objections, and the chair's rulings may be appealed to the full board. These rulings are also subject to judicial review pursuant to G.S. 160D-1402. Objections based on jurisdictional issues may be raised for the first time on judicial review.

(e)

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 determining a quasi-judicial matter, willfully swears falsely is guilty of a class 1 misdemeanor.

(Ord. No. O-2013-10, § 3, 9-5-2013; Ord. No. O-2021-13, § 1, 7-1-2021)

(a)

Required voting majorities.

(1)

The concurring vote of four-fifths of the members of the board of adjustment shall be necessary to grant a variance.

(2)

A majority vote of the members shall be required to decide any other quasi-judicial matter or to determine any appeal made in the nature of certiorari.

(3)

For the purposes of this subsection, vacant positions on the board of adjustment and members who are disqualified from voting on a quasi-judicial matter shall not be considered members of the board of adjustment for calculation of the requisite majority if there are no qualified alternates available to take the place of such members.

(b)

Vote of the chairman. The chair of the board of adjustment shall vote as any other board of adjustment member.

(c)

Delay of decision. The board of adjustment may, in its discretion, direct that the effective date of its decision be delayed to a date or time subsequent to the board's vote on an appeal.

(d)

Conflicts of interest. A member of the board of adjustment shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to due process by an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter. If an objection is raised to a member's participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection.

(Ord. No. O-2013-10, § 4, 9-5-2013)

The board of adjustment shall hear and decide appeals decisions of administrative officials charged with enforcement of this chapter and shall 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. 160D-1402 or the town 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, which grounds shall specifically set out any ordinance, statute, common law, or constitutional provision which the appealing party alleges to have been wrongly interpreted or violated. Failure to specifically set forth the grounds of appeal as herein required shall not invalidate a timely appeal, but the board of adjustment may continue hearing of such appeal until the filed appeal is amended with a more specific statement of grounds.

(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)

Posting of signs on the property that is the subject of the decision is not required. Provided, 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" 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.

(5)

The official who made the decision shall transmit to the board of adjustment 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, in an affidavit to the board of adjustment after notice of appeal has been filed, that because of the facts stated in the 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 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 subsection (6) of this section, the board of adjustment shall hear and decide an 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 town would be unduly prejudiced by the presentation of matters not presented in the notice of appeal, the board of adjustment 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. 160D-947 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. 160D-1402.

(10)

The parties to an appeal that has been made under this section may agree to mediation of the matter which is the subject of the appeal, provided that: (a) all parties to the appeal agree to a continuance of hearing of the appeal by the board of adjustment until conclusion of such mediation; (b) such mediation is conducted in accordance with the Rules Implementing Statewide Mediated Settlement Conferences in Superior Court Civil Actions; and (c) such mediation is concluded within six months of the date the appeal was filed.

(11)

The board of adjustment, planning board, or town council may hear and decide special use permits in accordance with the principles, conditions, safeguards, and procedures specified in the regulations in this chapter. Reasonable and appropriate conditions and safeguards may be imposed upon these permits. Where appropriate, such conditions may include requirements that street and utility rights-of-way be dedicated to the public and that provision be made for recreational space and facilities. Conditions and safeguards imposed under this subsection shall not include requirements for which the town does not have authority under statute to regulate nor requirements for which the courts have held to be unenforceable if imposed directly by the local government, including, without limitation, taxes, impact fees, building design elements within the scope of G.S. 160D-702(b), driveway-related improvements in excess of those allowed in G.S. 136-18(29) and G.S. 160A-307, or other unauthorized limitations on the development or use of land.

(12)

The owner or other party has 30 days from receipt of the written notice of the determination within which to file an appeal. Any other person with standing to appeal has 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 pursuant to G.S. 160D-403(b) by first-class mail is deemed received on the third business day following deposit of the notice for mailing with the United States Postal Service.

(13)

Rehearing. The board may rehear an appeal or application previously denied only if it finds facts supporting a conclusion that there has been a substantial change in conditions or circumstances bearing on the appeal or application.

(Ord. No. O-2013-10, § 5, 9-5-2013; Ord. No. O-2021-13, § 1, 7-1-2021)

(a)

Generally. When unnecessary hardship would result from carrying out the strict letter of this chapter, the board of adjustment shall vary any of the provisions of the ordinance upon a showings required under G.S. 160D-302 and as set out in subsection (f) below.

(b)

Application. An application for a variance shall be submitted in writing to the board by filling a copy of the application with the enforcement officer.

(c)

Procedure. The board shall:

(1)

Fix a reasonable time for holding a public hearing on the variance request;

(2)

Give notice of the variance request as prescribed in section 30-35; and

(3)

Decide the variance request within a reasonable time.

(d)

Oaths. The chair of the board of adjustment, 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 I misdemeanor.

(e)

Subpoenas. 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. 160D-1402 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 requiting that its subpoena be obeyed.

(f)

Grounds for variance. The board of adjustment shall grant a variance when an applicant proves facts by competent, material and substantial evidence that supports all the following conclusions of law:

(1)

Unnecessary hardship would result from the strict application of the ordinance. Provided, 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. Provided, that 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.

(3)

The hardship did not result from actions taken by the applicant or the property owner. Provided, that 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 this chapter, such that public safety is secured, and substantial justice is achieved.

(g)

Decision. The board shall render its decision granting or denying an application for a variance in a written order signed by the chair and containing findings of fact supporting conclusions that the showings required under G.S. 160D-705 and as set out in subsection (f) above have or have not been met by the applicant.

(h)

Variance in permitted uses prohibited. 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 development regulation that regulates land use or development may provide for variances from the provisions of those ordinances consistent with the provisions of this subsection.

(i)

Delimitations. In acting upon applications for a variance:

(1)

Appropriate conditions may be imposed by the board of adjustment on any variance, provided that the conditions are reasonably related to the variance. Variances allowed under any other town ordinance that regulates land use or development shall be consistent with the provisions of this subsection. Violations of such conditions, when a part of the terms under which the variance is granted, shall be deemed a violation of this chapter. A variance granted subject to a condition shall be permitted only so long as there is compliance with the condition. If a violation of a condition of a variance occurs, the enforcement officer may revoke the certificate of occupancy. In the event that any such condition is held invalid by a court, for any reason, such holding shall have the effect of invalidating the variance granted and shall render the variance null and void.

(2)

The board of adjustment shall grant only the minimum variance that will make possible the reasonable use of the land, building or structure.

(3)

Neither the nonconforming use of lands, buildings, or structures in the same zoning district, nor the permitted use of lands, buildings, or structures in other zoning districts, shall be considered a ground for the issuance of a variance. Furthermore, mere financial hardship does not constitute grounds for the granting of a variance, and a showing that the subject property may be utilized for greater profit if the variance applied for is granted will not be considered adequate to justify the granting of a variance.

(4)

A variance may be granted where a building permit has been issued and, due to unintentional error of the enforcement officer in determining the location of the structure on the property, there is a reasonably insignificant violation of the dimensional requirements, provided that such relief may be granted without either substantially impairing the purpose and intent of this chapter or injuring the rights and enjoyment of any other property owner.

(Ord. No. O-2013-10, § 6, 9-5-2013; Ord. No. O-2021-13, § 1, 7-1-2021)

(a)

Authority. The board of adjustment shall hear and decide requests for variances from the flood control provisions of this chapter.

(b)

Appeal and variance considerations. In passing upon variances from flood control provisions of this chapter, the board of adjustment shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and:

(1)

The danger that materials may be swept onto other lands to the injury of others;

(2)

The danger to life and property due to flooding or erosion damage;

(3)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4)

The importance of the services provided by the proposed facility to the community;

(5)

The necessity to the facility of a waterfront location as defined under subsection (6) of this section as a functionally dependent facility, where applicable;

(6)

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

(7)

The compatibility of the proposed use with existing and anticipated development;

(8)

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(9)

The safety of access to the property in times of flood for ordinary and emergency vehicles;

(10)

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

(11)

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

(c)

Granting of variances. The board of adjustment may grant variances from the flood control provisions of this chapter subject to the following:

(1)

The repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and that the variance is the minimum necessary to preserve the historic character and design of the structure.

(2)

Functionally dependent facilities if determined to meet the definition as stated in subsection 30-9(6) of this chapter, provided the provisions of subsections 30-195(i)(1), (2), and (3) have been satisfied, and such facilities are protected by methods that minimize flood damages.

(3)

Any other type of development, provided it meets the requirements stated in this section.

(4)

A written report addressing each of the above factors in subsections (c)(1), (2), and (3) has been submitted with the application for a variance.

(5)

Upon consideration of the above factors in subsections (c)(1), (2), and (3) and the purposes of this chapter and the flood control provisions thereof, the board of adjustment may attach such conditions to the granting of variances as it deems necessary to further such purposes.

(d)

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation (BFE) and the elevation to which the structure is to be built and that such construction below the base flood elevation increases risks to life and property, and that the issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to $25.00 per $100.00 of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justification for their issuance.

(e)

The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency and the State of North Carolina upon request.

(f)

Conditions for variances:

(1)

Variances shall not be issued when the variance will make the structure in violation of other federal, state, or local laws, regulations, or ordinances.

(2)

Variances shall not be issued within any designated floodway or non-encroachment area if the variance would result in any increase in flood levels during the base flood discharge.

(3)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(4)

Variances shall only be issued prior to development permit approval.

(5)

Variances shall only be issued upon:

a.

A showing of good and sufficient cause;

b.

A determination that failure to grant the variance would result in exceptional hardship; and

c.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(g)

A variance may be issued for solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in special flood hazard areas provided that all of the following conditions are met:

(1)

The use serves a critical need in the community.

(2)

No feasible location exists for the use outside the special flood hazard area.

(3)

The reference level of any structure is elevated or floodproofed to at least the regulatory flood protection elevation.

(4)

The use complies with all other applicable federal, state and local laws.

(5)

The town has notified the Secretary of the North Carolina Department of Crime Control and Public Safety of its intention to grant a variance at least 30 calendar days prior to granting the variance.

(Ord. No. O-2013-10, § 7, 9-5-2013; Ord. No. O-2021-13, § 1, 7-1-2021)

(a)

The board of adjustment shall determine contested facts and make its decision within a reasonable time. Every quasi-judicial decision by the board of adjustment shall be based upon competent, material, and substantial evidence in the record. Each quasi-judicial decision:

(1)

Shall be reduced to writing and reflect the board of adjustment's determination of contested facts and their application to the applicable standards;

(2)

Shall be signed by the chair or other duly authorized member of the board;

(3)

Shall be filed with the clerk within five business days of the meeting at which the decision was made;

(4)

Shall be effective upon filing the written decision with the clerk to the board; and

(5)

Shall be delivered by the clerk by personal delivery, electronic mail, or 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, and the clerk shall certify in the record that proper notice has been made.

(b)

Every quasi-judicial decision of the board of adjustment shall be subject to review by the superior court by proceedings in the nature of certiorari pursuant to G.S. 160D-1402. A petition for review shall be filed with the clerk of superior court by the later of 30 days after the day the decision of the board of adjustment is effective or after a written copy thereof is given in accordance with subdivision (a)(4) of this section. When first-class mail is used to deliver notice, three days shall be added to the time to file the petition.

(Ord. No. O-2013-10, § 8, 9-5-2013; Ord. No. O-2021-13, § 1, 7-1-2021)

Editor's note— Ord. No. O-2013-10, § 9, adopted Sept. 5, 2013, repealed § 30-198, entitled "Flood hazard appeals," which derived from Ord. of Jan. 6, 2000, § 9-4.9; and Ord. of June 7, 2007, § 9-5.9.

There is hereby created, pursuant to G.S. 160D-940, a historic preservation commission. Unless otherwise provided, nothing in this chapter shall affect the status of any historic district or historic property established or designated under the authority of the North Carolina General Statutes prior to the effective date of the ordinance from which this article is derived. Nothing in this chapter shall affect the validity of the county joint historic properties commission created by ordinance dated June 16, 1980.

(Ord. of 1-6-2000, § 9-3.1; Ord. No. O-2021-13, § 1, 7-1-2021)

The historic preservation commission shall be composed of at least five members.

(Ord. of 1-6-2000, § 9-3.2)

The historic preservation commission shall have the following powers and duties:

(1)

To review, analyze, and recommend to the town council, items which pertain to existing and potential historic districts and individual structures, buildings, sites or objects to be designated by ordinance as "landmarks";

(2)

To undertake an inventory of properties of historical, prehistorical, architectural, and/or cultural significance;

(3)

To recommend designation or removal of the designation of "historic district" for any area within the jurisdiction of the town council. Such designation or removal shall follow an investigation and a report describing the significance of the structures, site features, or surroundings in the district;

(4)

To grant or deny the issuance of a certificate of appropriateness in accordance with this chapter. The commission may hold public hearings on the issuance or revocation of such certificates;

(5)

To recommend appropriate changes to this chapter which relate to a historic district or which relate to the preservation of historic structures, landmarks, or areas within the jurisdiction of the town council;

(6)

To acquire by lawful means the fee or any lesser included interest, including options to purchase, to properties within established districts or to any such properties designated as landmarks; to hold, manage, preserve, restore and improve the same; and to exchange or dispose of the property by public or private sale, lease or otherwise, subject to covenants or other legally binding restrictions which will secure appropriate rights of public access and promote the preservation of the property;

(7)

To restore, preserve, and operate historic properties;

(8)

To recommend to the town council that designation of any area as a historic district or part thereof, or designation of any building, structure, site, area, or object as a landmark, be revoked or removed for cause;

(9)

To conduct an educational program with respect to historic properties and districts within its jurisdiction;

(10)

To prepare and recommend for adoption a preservation element as a part of the jurisdiction's comprehensive plan;

(11)

To negotiate at any time with the owner of a building, structure, site, area, or object for its acquisition or its preservation, when such action is reasonably necessary or appropriate;

(12)

To enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey thereof. However, no member, employee, or agent or the historic preservation commission may enter any private building or structure without the express consent of the owner or occupant thereof;

(13)

To review and act upon proposals for alterations, demolitions, or new construction within historic districts, or for the alterations or demolition of designated landmarks, pursuant to this section; and

(14)

To exercise such other powers as may be given it by law or assigned to it by the town council.

(Ord. of 1-6-2000, § 9-3.3)

The Town Council of the Town of Oak Ridge does hereby establish the budget and finance committee to work in collaboration with the town manager, finance officer, and other staff members and volunteers as required for the objectives and purposes hereinafter set forth.

(Ord. of 2-4-2016)

The budget and finance committee shall be a standing committee established for the following purposes:

(1)

To annually review the financial status of the town.

(2)

To review and make recommendations to the town council on the budget officer's annual proposed operating budget.

(3)

To review and make recommendations to the town council on the budget officer's proposed tax rate.

(4)

To review and make recommendations to the town council on capital projects exceeding $50,000.00.

(5)

To review and make recommendations to the town council on long term financial goals.

(6)

To review and make recommendations to the town council on financial topics at the request of the council.

(Ord. of 2-4-2016)

Voting members of the budget and finance committee shall include five council appointees who have a demonstrated special knowledge or experience in financial matters. Council may also appoint alternates to serve in the absence of the council appointed members. Members of the committee must reside within the town limits. Current council appointees of the existing finance committee will automatically be reappointed by adoption of the ordinance codified in this division. Two of the current members will be appointed to a one-year term and the remaining three members will be appointed to a two-year term. All future appointments will also be for two years. The town manager and town finance officer shall be non-voting members of the committee. In addition, the mayor and one other council member appointed by the mayor shall serve as non-voting liaisons from the full council to the finance committee; provided, that in the event neither the mayor nor such appointed member is able to attend a given meeting, the mayor may appoint another council member to attend as substitute liaison.

(Ord. of 2-4-2016)

The committee shall elect a chair and vice-chair at the first scheduled meeting of each year.

(Ord. of 2-4-2016)

A meeting schedule for the committee will be set by council each January. The meeting schedule will be posted on the town's website. Special meetings of the committee may be called as needed by the town council, the committee chair, or any two members of the committee. The meetings of the committee shall be open to the public and subject to the Open Meetings Law as codified in Chapter 143 of the North Carolina General Statutes (G.S. ch. 143).

(Ord. of 2-4-2016)

A majority of the voting membership of the committee shall constitute a quorum. A quorum of the committee shall be required before any vote is taken.

(Ord. of 2-4-2016)