Rose Hill City Zoning Code
BOARD OF
ADJUSTMENT
§ 154.240 ESTABLISHMENT.
(A) There shall be a Zoning Board of Adjustment (hereinafter called the Board of Adjustment). This Board of Adjustment shall consist
of five members and two alternatives who shall receive no compensation for their services. Four members shall be residents of the area within the town’s corporate limits. All members of the Board of Adjustment shall be appointed by the Town Board. One regular member of the five- member regular Board of Adjustment, along with one of the two alternates, shall be residents of the town’s one-mile extraterritorial jurisdiction. The Town Board shall from time to time review and confirm the existence of proportional representation based on population for residents of the town’s extraterritorial jurisdiction pursuant to G.S. § 160D-307(a).
(B) The original appointment of the five members shall be made as follows: one member shall be appointed for a term of one year; two members shall be appointed for a term of two years; and two members shall be appointed for a term of three years. All appointments to fill vacancies shall be for the unexpired term.
(C) The town, at its discretion, may appoint not more than two alternate members to serve on the Board of Adjustment in the absence, for any cause, of any regular member. The alternate member or members shall be appointed for the same term or terms as regular members, and shall be appointed in the same manner as regular members and at regular times for appointment; provided, however, that in the case of the first appointment of alternate members, the appointment shall be for a term of any regular member expires. The alternate member, while attending any regular or special meeting of the Board and serving in the absence of any regular member, shall have and exercise all the powers and duties of the regular member so absent.
(D) The Board of Adjustment shall have all powers and duties as set forth in this chapter and is permitted by G.S. § 160D-302.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021)
§ 154.241 PROCEEDINGS.
(A) Officers. The Board of Adjustment shall elect a Chairperson from its membership and any other officers as the Board of Adjustment deems best.
(B) Meetings. Meetings of the Board of Adjustment shall be held pursuant to a schedule adopted pursuant to law. Special or emergency meetings of the Board of Adjustment may be held in accordance with the provisions of G.S. Ch. 143. Meetings of the Board of Adjustment shall be held at the call of the Chairperson and at any other times as the Board of Adjustment may determine. All meetings of the Board shall be held at a regular place and shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings in a book maintained for that purpose only, showing the vote of each member upon each question, or, if absent or failing to vote, an indication of the fact. Final disposition of appeals shall be by recorded resolution indicating the reasons of the Board of Adjustment therefore, all of which shall be a public record. No final action shall be taken on any matter unless a quorum of the Board of Adjustment is present.
(C) Appeals. An appeal to the Board of Adjustment may be taken by any person, firm, or corporation aggrieved, or by any governmental officer, department, board, or agency affected by any decision of the Administrative Official, based in whole or in part upon the provisions of this chapter. Appeals shall be taken pursuant to the requirements of § 154.275 herein.
(D) Voting. The concurring vote of a majority of the members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of any Administrative Official charged with enforcement of this chapter or to decide in favor of the applicant any matter which it is required to pass under this chapter a vote of four of the five members shall be necessary to grant a variance.
(E) Rules of procedure. Rules of procedure that are consistent with the provisions of this chapter may be adopted by the Town Board for the Board of Adjustment. In the absence of action by the Town Board, 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 Clerk to the Town Board and shall be posted on the town’s website.
(F) Quasi-judicial decisions. The Board of Adjustment shall follow the procedures set forth in § 154.279 herein if making a decision or determination for which a quasi-judicial hearing is required.
(G) All members appointed to the Board of Adjustment shall, before entering their duties, qualify by taking an oath of office as required by G.S. § 160A-161.
(H) The Board of Adjustment shall keep permanent minutes of its proceedings. The minutes shall record attendance of its members; its resolutions, findings and recommendations; and final actions. The minutes of the Board of Adjustment shall be public record.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021)
§ 154.242 POWERS AND DUTIES.
(A) Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Administrative Official in the enforcement of this chapter, the Board of Adjustment may, so long as the action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have powers of the Administrative Official from whom the appeal is taken.
(B) Variances.
(1) To authorize upon appeal in specific cases variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in undue hardship, and so that the spirit of this chapter shall be observed and substantial justice done.
(2) In considering all proposed variances from this chapter, the Board shall, before making any finding in a specified case, first determine that the proposed variance will not constitute any change in the zones shown on the Zoning Map and will not impair an adequate supply of light and air to adjacent property, or materially increase the public danger of fire and safety, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, morals, and general welfare.
(3) Findings of fact. When unnecessary hardships would result from carrying out the strict letter of a requirement of this chapter, the Board of Adjustment shall vary the requirement of this chapter upon a showing of all of the following:
(a) Unnecessary hardship would result from the strict application of the requirement. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
(b) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability.
(c) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.
(d) The requested variance is consistent with the spirit, purpose, and intent of the regulation, such that public safety is secured and substantial justice is achieved.
(4) No nonconforming use of neighboring lands in the same district and no permitted use of land in other districts shall be considered grounds for the issuance of a variance.
(5) No change in permitted uses may be authorized by variance. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in the district.
(6) Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance. In granting a variance, the Board of Adjustment may attach thereto any conditions regarding the location, character, and other features of the proposed building, structure, or use as it may deem advisable in furtherance of the purposes of this chapter. Violation of the conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under § 154.999.
(7) The concurring vote of four-fifths of the Board of Adjustment shall be necessary to grant a variance.
(C) Temporary uses. The Board of Adjustment may permit a temporary building for business in the residential zone, which is incidental to the residential development, the permit to be issued for a period of not more than one year.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021) Penalty, see § 154.999
§ 154.243 APPEAL.
Any appeal from a decision of the Board of Adjustment shall be made to the Superior Court of Duplin County in accordance with the provisions of G.S. § 160D-1402.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021)