The Wayne County Board of Commissioners shall serve as the Wayne County Board of Adjustment.

121.1

The Chairman and Vice-Chairman of the Board of Commissioners shall serve as Chairman and Vice-Chairman of the Board of Adjustment. The Chairman or the Vice Chairman in the Chairman's absence shall preside at all meetings. The Board of Adjustment shall also elect a Secretary who may or may not be a member of the Board of Adjustment, but may be an employee of Wayne County.

121.2

Meetings of the Board of Adjustment shall be open to the public and shall be held at the call of the Chairman at a regular time and place as may be specified in the Board's rules of procedure. Due notice shall be given to all interested parties.

121.3

The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and official actions, all of which shall be filed in the office of the Wayne County Manager for public record.

121.4

The concurring vote of four-fifths (⅘) of the members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Enforcement Officer. A majority of the Board present and voting shall be required to approve a request for a Special Use or variance. Every decision of the Board of Adjustment shall be subject to review by the Superior Court by proceedings in the nature of certiorari.

121.5

The Chairman of the Board of Adjustment is authorized in his official capacity to administer oaths to witnesses in any matter coming before the Board. Any member of the Board while temporarily acting as chairman shall have an exercise like authority.

The Board of Adjustment shall have the following powers and duties:

122.1

Administrative Review.

To hear and decide any appeal from and review any order, requirement, decision, or determination made by the Zoning Enforcement Officer.

122.2

Variance.

To authorize upon appeal, in specific cases, such variance from the terms of this ordinance which will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. A variance from the terms of this ordinance may be granted by the Board of Adjustment when a written application demonstrates:

a.

that special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures, or buildings in the same district;

b.

that literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other property owners in the same district under the terms of this ordinance;

c.

that the hardship is not the result of the applicant's own actions;

d.

that granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district; and

e.

that if the applicant complies with the provisions of the ordinance, he can secure no reasonable return from, or make no reasonable use of, his property.

122.3

Conditions Imposed on Variance.

In granting any variance the Board of Adjustment may prescribe appropriate conditions and safeguards to insure that substantial justice has been done and that the public safety and welfare had been assured. Such conditions may be imposed by the Board regarding the location, character, and other features of the proposed building, structure, or use as may be deemed by the Board to protect property values and general welfare of the neighborhood. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance.

122.4

Special Uses.

To hear and decide requested [requests] for special uses allowed by Article V, Section 54 of this ordinance.

123.1

Appeals from the enforcement and interpretation of this ordinance, and requests for Special Use Permits or variances shall be filled with the Zoning Enforcement Officer, who shall transmit all such records to the Board of Adjustment.

a.

Appeals from the enforcement and interpretation of this ordinance shall be made within 30 days from receipt of the written notice of determination.

123.2

The Board of Adjustment shall fix a reasonable time, not to exceed 45 days, for the hearing of the appeal and publish notice of such hearing in a newspaper of general circulation in Wayne County at least once each week for two (2) consecutive weeks prior to the hearing. Decisions by the Board shall be made not more than thirty (30) days from the time of the hearing.

123.3

An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Enforcement Officer certifies to the Board of Adjustment that, based on the records of the case, a stay would cause damage to life or property, in which case proceedings shall not be stayed otherwise than by an order from the Wayne County Superior Court.

(Ord. of 4-6-2021)