2-10-1

Board Established. A Planning Board is hereby established. The Planning Board consists of ten members, each of whom is to be appointed by the Board of County Commissioners to staggered two-year terms.

2-10-2

Rules of Procedure. The Planning Board must adopt rules to guide the conduct of its affairs. Except as otherwise expressly stated in this ordinance, the rules adopted by the Planning Board must at least provide for selection of officers and procedures for conducting public hearings and voting. The rules and minutes of the Planning Board must be maintained in the office of the Planning Director.

2-10-3

Records. The Planning Director must see that records are maintained for all matters coming before the Planning Board.

2-10-4

Quorum, Minutes, Voting. All meetings of the Planning Board must be public. A majority of the full membership of the Planning Board must be present at a meeting if the Board is to transact any business other than to adjourn. The Clerk of the Planning Board must keep minutes of its proceedings, showing the vote of each member upon every question, or if failing to vote, indicating the fact. The Planning Board shall dispose of an appeal by reversing, modifying, or affirming the decision of the administrative official from who the appeal is taken. If a resolution fails to receive four votes in favor of the appellant, the action must be deemed a denial, and a resolution denying the appeal must be entered upon the record.

[Amended on 6/4/2012 by OA 02-12; Amended on 2/5/2018 by OA 01-17]

2-11-1

Board Established. A Board of Adjustment is hereby established. The Board of Adjustment consists of five regular members and four alternate members, each to be appointed for a term of three years by the Board of Commissioners.

2-11-2

Rules of Procedure.

(A)

The Board of Adjustment must adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this ordinance.

(B)

Except as otherwise provided in this ordinance, the rules adopted by the Board of Adjustment must at least provide for selection of the officers of the Board of Adjustment, and procedures for the conduct of public hearings and voting.

(C)

The rules and minutes of the Board of Adjustment must be maintained in the office of the Planning Director.

2-11-3

Quorum, Minutes, Voting.

(A)

All meetings of the Board of Adjustment must be public.

(B)

The Board of Commissioners may, at its sole discretion, appoint and provide compensation for alternate members to serve on the Board of Adjustment in the event of absence or temporary disqualification of any regular member or to fill a vacancy pending appointment of a regular member. Alternate members are to be appointed for the same term, at the same time, and in the same manner as regular members. Each alternate member, while attending any regular or special meeting of the Board of Adjustment and serving on behalf of any regular member, has and may exercise all the powers and duties of a regular member.

(C)

The presence of four regular members or alternate members sitting in place of regular members must be necessary for a quorum.

(D)

The Clerk of the Board of Adjustment must keep minutes of its proceedings, showing the vote of each member upon every question, or if failing to vote, indicating the fact.

(E)

A member of the Board of Adjustment may not participate in or vote on any matter in a manner that would violate the constitutional right to an impartial decision maker. Impermissible conflicts include, but are not limited to:

(1)

A member having a fixed opinion prior to hearing the matter that is not susceptible to change;

(2)

Undisclosed ex-parte communications;

(3)

A close familial, business or other associational relationship with an affected person; or

(4)

A financial interest in the outcome of the matter.

(F)

If an objection is raised to a member's participation and that member does not recuse himself or herself, the remaining members must by majority vote rule on the objection.

(G)

Vacant positions on the Board of Adjustment and members who are disqualified from voting on a matter are not considered "members of the Board of Adjustment" for purposes of calculating the requisite number of votes if there are no qualified alternates available to take the place of such members.

(H)

The final disposition of any appeal of an administrative decision must be in the form of a resolution reversing, modifying, or affirming the decision of the official from whom the appeal is taken. If a resolution fails to receive four votes in favor of the appellant, the action must be deemed a denial, and a resolution denying the appeal must be entered upon the record.

2-11-4

Quasi-Judicial Proceedings. Although the Board of Adjustment acts in a quasi-judicial capacity, it is not intended that proceedings before it be conducted as formally as those before courts. Nevertheless, it is necessary that the rules of procedure and evidence set forth in this ordinance be followed to protect the interests of the parties and of the public. The presiding officer and the clerk to the board may administer oaths to any witnesses. The presiding officer may make any rulings as are necessary to preserve fairness, order, or proper decorum in any matter before the Board of Adjustment. In addition, any member of the Board of Adjustment or any interested party may object to, and the presiding officer may exclude, any evidence or testimony or statement which is so incompetent, irrelevant, immaterial, or unduly repetitious as to fail to reasonably address the issues before the Board of Adjustment.

[Amended by OA 06-13 on 3/17/2014]

2-11-5

Evidence and Testimony.

(A)

Any interested party may be given the opportunity to present evidence or testimony, to cross-examine witnesses, to inspect documents, and to offer evidence or testimony in explanation or rebuttal. The presiding officer may determine whether testimony, oral argument, or cross-examination must be limited in duration. Any member of the Board of Adjustment may question any interested party. Persons other than interested parties may make comments. Such comments must be competent, relevant, and material.

(B)

The Board of Adjustment may subpoena witnesses and compel the production of evidence. If a person fails or refuses to obey a subpoena issued pursuant to this subsection, the Board of Adjustment may apply to the General Court of Justice for an order requiring that its order be obeyed, and the Court will have jurisdiction to issue those orders after notice to all proper parties. No testimony of any witness before the Board of Adjustment pursuant to a subpoena issued in exercise of the power conferred by this subsection may be used against the witness in the trial of any civil or criminal action other than a prosecution for false swearing committed on the examination. Anyone who, while under oath during a proceeding before the Board of Adjustment, willfully swears falsely, is guilty of a Class 1 misdemeanor.

2-11-6

Appeals to Superior Court. Any interested party may seek review of the decision of the Board of Adjustment in Superior Court. Any appeal to the Superior Court must be taken within 30 days of the date that the Board's decision is filed with the Planning Director, or after a written copy of the decision is delivered to the applicant or appellant, whichever is later.

The Planning Director has all of the powers and duties specifically assigned in this ordinance, including the following administration and enforcement duties:

2-12-1

Administering all provisions of this ordinance for which administrative responsibilities are not otherwise expressly assigned;

2-12-2

Making interpretations of the provisions of this ordinance;

2-12-3

Making non-substantive editorial changes to the text of this ordinance in accordance with Sec. 19-20-2.

2-12-4

Review all applications made pursuant to the requirements of this ordinance to ensure compliance with the provisions of this ordinance;

2-12-5

Coordinate the reviews of other county staff in fulfilling their duties and responsibilities under this ordinance;

2-12-6

Preparing reports and submitting recommendations to the Planning Board for all matters for which this ordinance requires review and approval by the Planning Board;

2-12-7

Maintaining records of the Planning Board's meetings and actions;

2-12-8

Amending the text of this ordinance and the zoning map to reflect any amendments approved by the Board of Commissioners and maintaining up-to-date originals and copies of these documents;

2-12-9

Conducting on-going regular reviews of the text of this ordinance and proposing amendments deemed necessary to implement and ensure consistency with the policy objectives of the county;

2-12-10

Maintaining records the Board of Adjustment's meetings and actions;

2-12-11

Reporting on any variances or interpretations of the location of the boundary of an area of special flood hazard to the Federal Insurance Administration upon request; and

2-12-12

Submitting to the State Division of Water Quality, by January 1 of each year, a report of any variances granted within water supply watersheds during the previous calendar year that would result in a variation from the State Environmental Management Commission's minimum watershed management requirements (15A NCAC 2B). The report must describe each project receiving a variance and the reason for granting the variance.