Swansboro City Zoning Code
APPEALS, VARIANCES
INTERPRETATIONS
§ 152.045 APPEALS.
(B) from the enforcement and interpretation of this chapter, may be taken to the
by any
aggrieved. An is taken by filing with the
and the
a written notice of specifying the grounds therefor. A notice of shall be filed with the Town Clerk or Town Deputy Clerk. The notice of must state the grounds for the and the date and time of filing.
(C) An must be taken within 30 days after the interested party or parties receive written notice of an order, requirement, decision, or
.
(D) Whenever an is filed, the
shall forthwith transmit to the
all the papers constituting the record relating to the action appealed from. A copy of the record shall also be provided to the appellant and to the
of the property that is subject to the if the appellant is not the
.
(E) After receipt of notice of , the Chairman of the
shall fix a reasonable time, not to exceed 60 days, for the hearing of the . All applications must be accompanied by an application fee as set by Town staff to help defray costs in advertising and administration.
(F) An stays all actions by the
seeking enforcement of or compliance with the order or decision appealed from, unless the
certifies to the
that (because of facts stated in the certificate) a stay would, in his opinion, 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, 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 , and the
shall meet to hear the within 15 days after such a request is filed. All to the Superior Court and all applications to the Superior Court for a stay shall be made within 30 days of a party’s receipt of notice of the decision of the
. The official who made the decision being appealed shall be present at the hearing as a witness. The
may reverse or affirm (wholly or partly) or may modify the order, requirement, decision, or
appealed from and shall make any order, requirement, decision, or
that in its opinion ought to be made in the case before it. To this end, the board shall have all the powers of the officer from whom the is taken.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. passed 6-16-2009; Am. Ord. passed 1-21-2014; Am. Ord. 2021-O3, passed 5-24-2021)
§ 152.046 VARIANCES.
When unnecessary hardships would result from carrying out the strict letter of a zoning regulation, the
shall vary any of the provisions of the zoning regulation upon a showing of all of the following:
(A) (1) Unnecessary hardship would result from the strict application of the regulation. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property;
(2) Whether the hardship results from conditions that are peculiar to the applicant’s 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) Whether the hardship is the result of the applicant’s own action(s). 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; 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.
(B) Any variance extending a nonconforming use shall be deemed not to be in harmony with the general purpose and intent of the ordinance and shall be deemed to violate its spirit.
(C) No change in permitted uses may be authorized by variance.
(D) If any of those issues are not resolved as indicated herein, then the Board of Adjustment shall deny the requested variance.
(E) In granting a variance, the Board of Adjustment may determine and prescribe reasonable conditions and safeguards upon which the variance is granted in order to ensure that the variance is in harmony with the general purpose and intent of the ordinance and preserves its spirit, and to ensure that the variance will assure the public safety and welfare and will provide substantial justice.
(F) Violation of any condition upon which a variance is granted shall be deemed a violation of this chapter.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. passed 1-21-2014; Am. Ord. 2021-O3, passed 5-24-2021)
§ 152.047 INTERPRETATIONS.
(B) An application for a map interpretation shall be submitted to the
by filing a copy of the application with the
or Town Clerk. The application shall contain sufficient information to enable the 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,
, highways, streams, or railroads shall be construed to follow such centerline;
(2) Boundaries indicated as approximately following
, town 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 shorelines;
(4) Where a district boundary divides a
or 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; and
(5) Where any
or
is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such
or
added thereto by virtue of such vacation or abandonment.
(D) Interpretations of the location of and floodplain boundary lines may be made by the
as provided in § 152.426.
(Ord. 2005-O3, passed 3-15-2005)
§ 152.048 REQUESTS TO BE HEARD EXPEDITIOUSLY.
As provided in §§ 152.065 through 152.070, the
shall hear and decide all , requests, and requests for interpretations as expeditiously as possible, consistent with the need to follow regularly established agenda procedures, provide notice in accordance with § 152.066, and obtain the necessary information to make sound decisions.
(Ord. 2005-O3, passed 3-15-2005)
§ 152.049 BURDEN OF PROOF IN APPEALS AND VARIANCES.
(A) When an is taken to the
in accordance with § 152.030(C), the
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
to reach the conclusions set forth in § 152.046, as well as the burden of persuasion on those issues, remains with the applicant seeking the .
(Ord. 2005-O3, passed 3-15-2005)
§ 152.050 BOARD ACTION ON APPEALS AND VARIANCES.
(A) With respect to appeals, a motion to reverse, affirm, or modify the order, requirement, decision, or appealed from shall include, insofar as practicable, a statement of the specific reasons or findings of facts that support the motion. If a motion to reverse or modify is not made or fails to receive the vote necessary for adoption, then a motion to uphold the decision appealed from shall be in order.
(B) Before granting a variance, the Board of Adjustment must take a separate vote and vote on each of the required findings stated in § 152.046. Insofar as practicable, a motion to make an affirmative finding on each of the requirements set forth in § 152.046 shall include a statement of the specific reasons or 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 criteria set forth in § 152.046 are 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.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. passed 1-21-2014; Am. Ord. 2021-O3, passed 5-24-2021)
§ 152.051 CONTINUITY OF ACTION.
Any application for any action by the
pending before the Board the Adjustment which is being abolished herein on the day of passage of these amendments shall be deemed continuing in effect and shall be considered by the
which is being created herein in the same manner as if such application had been originally submitted to said newly created
.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. passed 1-21-2014)