The board of aldermen, pursuant of G.S. Ch. 160D, does hereby establish a board of adjustment. Such board shall consist of at least five members appointed by the aldermen. The appointments and reappointments shall be for three-year terms. All appointments to fill vacancies shall be for the unexpired term. The board of aldermen may also appoint two alternate members at large to serve on the board of adjustment in the absence of any regular member. Alternate members shall be appointed in the same manner as regular members and at the regular times for appointment. 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 exercise all the powers and duties of any regular member absent from the meeting.

Per G.S. 160D-309, all members appointed to the board of adjustment under this Article shall, before entering their duties, qualify by taking an oath of office as required by G.S. 160A-61.

(Code 1978, § 12.113; Code 1995, § 156.130; Ord. of 1-10-1972; Ord. No. (2021)1, 6-28-2021)

(a)

The board of aldermen shall elect a chairperson and vice-chairperson from among its members, who in turn may appoint a secretary. Meetings of the board of adjustment shall be held at the call of the chairperson and at such other times as the board of adjustment may determine. The chairperson is authorized in his official capacity to administer oaths and compel the attendance of witnesses in any matter coming before the board of adjustment. Any member of the board of aldermen while temporarily acting as chairperson shall have and exercise like authority.

(b)

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

(c)

When hearing an administrative appeal or variance request, the board of adjustment shall hold an evidentiary hearing and make a quasi-judicial decision.

(d)

Notice of an evidentiary hearing conducted pursuant to this section shall be mailed to the person or entity whose 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. In the absence of evidence to the contrary, the Town 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 10 days, but not more than 25 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. The board of adjustment may continue an evidentiary hearing that has been convened without further advertisement. If an evidentiary hearing is set for a given date and a quorum of the board is not then present, the hearing shall be continued until the next regular board meeting without further advertisement

(e)

A member of the board of adjustment exercising quasi-judicial functions pursuant to this section shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to 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.

(Code 1978, § 12.114; Code 1995, § 156.131; Ord. of 1-10-1972; Ord. No. (2021)1, 6-28-2021)

(a)

Administrative appeal. The board of adjustment shall have the powers and duty to act in all matters relating to the administrative appeal of any order, requirement, decision or determination made by the administrative officer or other administrative official.

(b)

Variance. Per G.S. 160D-705(d), the board of adjustment shall have the power to grant a variance from the regulations or provisions of this chapter. A variance from the terms of this ordinance shall not be granted by the board of adjustment unless and until the following findings are made:

(1)

Unnecessary hardship would result from the strict application of the regulation. It is not 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 is not a self-created hardship; and

(4)

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.

(c)

Interpretation. The board of adjustment shall have the responsibility to interpret the official zoning maps in the form of an administrative appeal and pass upon disputed questions of lot lines or district boundary lines and similar questions as they arise in administration of this chapter.

(Code 1978, § 12.115; Code 1995, § 156.132; Ord. of 1-10-1972; Ord. No. 2007-5, § 156.132, 11-26-2007; Ord. No. (2021)1, 6-28-2021)

The concurring vote of four-fifths of the members of the board of adjustment shall be necessary to grant a variance. A simple majority of members shall be necessary to reverse any order, requirement, decision or determination of any administrative official charged with the enforcement of this chapter.

(Code 1978, § 12.116; Code 1995, § 156.133; Ord. of 1-10-1972; Ord. No. 2007-5, § 156.133, 11-26-2007; Ord. No. (2021)1, 6-28-2021)