(A)    There shall be a Board of Adjustment consisting of consisting of seven regular members and two alternate members. Five regular members, appointed by the Board of Aldermen, shall reside within the town. Two regular members, appointed by the County Board of Commissioners, shall reside within the town's extraterritorial planning area. Two alternate members, appointed by the Board of Alderman, shall reside within the town. If the County Board of Commissioners fails to make an appointment within 90 days after receiving a resolution from the town requesting that an appointment be made, the Board of Aldermen may make the appointment. Upon expansion or reduction of the town's extraterritorial planning area, the Board of Aldermen shall review the impact of such change on the extraterritorial membership of the Board of Adjustment and, if necessary, make appropriate adjustments in the number of extraterritorial members. Members may be removed by the appointing authority at any time for failure to attend three consecutive meetings without excuse or for missing more than 30% of the meetings within any 12-month period or for other good cause related to performance of duties. Because the Board of Adjustment primarily conducts evidentiary hearings using quasi-judicial proceedings, members shall have the ability to read and understand complex land ownership and development issues. Members should have backgrounds related to land ownership and development issues (i.e., law, real estate, banking, building, environmental groups, governmental agencies, community organizations and the like). The Board of Aldermen may establish reasonable procedures to solicit, review, and make appointments.

   (B)   (1)   Board of Adjustment members shall be appointed for three-year staggered terms, but members may continue to serve until their successors have been appointed.

      (2)   All appointments to fill vacancies shall be for the unexpired terms only.

   (C)   All regular members may participate in and vote on all issues before the Board. Alternate members shall only serve in the absence of regular members.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

   (A)   The Board of Adjustment shall establish a regular meeting schedule and shall meet frequently enough so that it can take action in conformity with this chapter.

   (B)   The Board shall use the quasi-judicial procedures set forth in §§ 153.305 through 153.309, 153.320 through 153.325 and 153.340 through 153.363 when it is considering a matter for which an evidentiary hearing is required under this chapter or by law.

   (C)   All meetings of the Board of Adjustment shall be open to the public and the agenda for each Board meeting shall be made available in advance of the meeting.

   (D)   Minutes shall be kept of all Board of Adjustment meetings.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

   (A)    A quorum for the Board of Adjustment shall consist of six members.

   (B)   A quorum is necessary for the Board to take official action.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

   (A)   The concurring vote of four-fifths of the members shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or the Town Building Inspector, or to grant a variance from the provisions of this chapter. All other actions of the Board of Adjustment shall be taken by majority vote, a quorum being present.

   (B)   Once a member is physically present at a Board meeting, any subsequent failure to vote shall be recorded as an affirmative vote unless the member has been excused in accordance with division (C) below or has been allowed to withdraw from the meeting in accordance with division (D) below.

   (C)   A member may be excused from voting on a particular issue by majority vote of the remaining members present under the following circumstances:

      (1)   If the member has a conflict of interest that would violate § 153.330;

      (2)   If the matter at issue involves the member's own official conduct; or

      (3)   If participation in the matter might violate the letter or spirit of a member's code of professional responsibility.

   (D)   A member may be allowed to withdraw from the entire remainder of a meeting by majority vote of the remaining members present for any good and sufficient reason other than the member's desire to avoid voting on matters to be considered at the meeting.

   (E)   A motion to allow a member to be excused from voting or excused from the remainder of the meeting is in order only if made by or at the initiative of the member directly affected.

   (F)   A roll call vote shall be taken upon the request of any member.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021; Am. Ord. 2024-01, passed 2-20-2024)

   (A)    The Board of Adjustment shall elect one of its members to serve as Chairperson who shall preside over the Board's meetings and one member to serve as Vice-Chairperson. The persons so elected shall serve a term of one year or until their terms expire, whichever comes first. The Chairperson may succeed himself or herself.

   (B)   The Chairperson or any member temporarily acting as Chairperson may administer oaths to witnesses coming before the Board of Adjustment.

   (C)   The Chairperson and Vice-Chairperson may take part in all deliberations and vote on all issues.

   (D)   The Board of Adjustment shall elect one of its members to serve as Secretary of the Board of Adjustment. The person so elected shall serve a term of one year or until their terms expire, whichever comes first.

   (E)   The Secretary may take part in all deliberations and vote on all issues.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

   (A)    The Board of Adjustment shall hear and decide:

      (1)   Appeals from any order, decision, requirement or interpretation made by the Zoning Administrator, as provided in § 153.395;

      (2)   Applications for variances, as provided in § 153.376;

      (3)   Questions involving interpretations of the zoning map, including disputed district boundary lines and lot lines, as provided in § 153.377; and

      (4)   Any other matter the Board is required to act upon by any other town ordinance.

   (B)   Rules of procedure that are consistent with the provisions of this chapter may be adopted by the Town's Board of Aldermen for the Board of Adjustment. In the absence of action by the Town's Board of Aldermen, the Board of Adjustment is authorized to adopt its own rules of procedure that are consistent with the provisions of G.S. Ch. 160D. A copy of any adopted rules of procedure shall be maintained by the Town's Clerk and shall be posted on the Town's website.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)