The zoning officer who shall be appointed by the town council is duly charged with the enforcement of the provisions of this chapter. If the zoning officer finds that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall also take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

(Ord. of 7-10-2006(2), § 800)

The town council has the following responsibilities in relation to the administration of this chapter:

(1)

Hear and decide applications for amendments to the text, schedules and zoning atlas map portions of this chapter;

(2)

Hear and decide applications for a special use permit;

(3)

Establish rules and procedures for the conduct of hearings and other procedures before the town council;

(4)

Make the necessary appointments to the planning board and board of adjustment; and

(5)

Provide, by appropriation, funds for the administration of this chapter.

(Ord. of 7-10-2006(2), § 802.1)

In considering proposed amendments to the text of this chapter or to the zoning map, the town council acts in its legislative capacity and shall observe the procedural requirements set forth in section 30-691.

(Ord. of 7-10-2006(2), § 802.2)

In considering special use permit applications, the town council acts in a quasi-judicial capacity and accordingly shall observe the procedural requirements related to special use permits set forth in subdivision II of division 4 of this article.

(Ord. of 7-10-2006(2), § 802.3)

Unless otherwise specifically provided for in this chapter, the town council, in acting upon a special use permit application or in considering amendments to this chapter or the zoning map, shall observe the quorum, voting and other requirements set forth in the town council's administrative policy.

(Ord. of 7-10-2006(2), § 802.4)

The planning board is established pursuant to the planning board ordinance adopted July 29, 1999, and as subsequently revised, and the provisions of applicable statutory requirements for a planning board under state law.

(Ord. of 7-10-2006(2), § 804.1)

As directed by the town council, the planning board shall have the following duties:

(1)

To request the town council to hold public hearings on matters within the purview of the board;

(2)

To enter, at reasonable times, upon private lands and make examinations or surveys as necessary for the performance of its official duties;

(3)

To conduct public meetings and hearings, giving reasonable notice to the public thereof;

(4)

To review and make recommendations to the town council on special use permit applications where appropriate, and on proposed amendments to development ordinances and the zoning map;

(5)

To hear and take action on request for a special use permit within a conditional use district in accordance with the provisions of article VII of this chapter;

(6)

To recommend that one of its members serve as a liaison with the town board of adjustment; and

(7)

To exercise such other powers and to perform such other duties as are authorized or required elsewhere in this chapter, the planning board establishment ordinance, the state general statutes or by the town council.

(Ord. of 7-10-2006(2), § 804.2)

The board of adjustment is created pursuant to the provisions of applicable statutory requirements for a board of adjustment under state law.

(Ord. of 7-10-2006(2), § 806.1)

(a)

The board of adjustment shall be composed of five regular members and two alternate members.

(b)

The town council shall appoint all members.

(c)

Alternate members shall have all powers and duties of regular members when attending meetings in the absence of a regular member.

(Ord. of 7-10-2006(2), § 806.2)

The terms of board members begin on July 1 and shall be as set forth under this section:

(1)

The initial appointment to the board of adjustment shall be as follows:

a.

Two members shall be appointed for a three-year term.

b.

Three members shall be appointed for a two-year term.

c.

Alternate members' initial appointment shall be for three years.

(2)

Subsequent terms after the initial appointment shall be for a three-year period and shall begin on July 1 of the year the member was appointed.

(3)

Members are eligible for reappointment at the discretion of the town council.

(4)

The town council shall fill vacancies for the unexpired terms of the members.

(Ord. of 7-10-2006(2), § 806.3)

The board of adjustment shall adopt rules and procedures governing its organization and for all proceedings before it consistent with state law and this chapter. These rules shall include the following:

(1)

The board shall elect from its regular members a chairperson, vice-chairperson and secretary on an annual basis.

(2)

Meetings may be called by the board chairperson, at the written request of three or more members, or when an application or other matter that requires action by the board of adjustment is filed.

(3)

Interested parties may testify before the board in accordance with the rules and procedures established by this chapter and the board. Testimony shall be given under oath administered by the chairperson. The chairperson may exclude evidence or testimony that the chairperson considers irrelevant, immaterial, or repetitious.

(4)

A quorum shall consist of four-fifths of qualified voting members of the board of adjustment. The board shall not vote on any matter unless a quorum is present.

(5)

A member of the board of adjustment shall not participate in or vote in any matter requiring a quasi-judicial hearing that would violate any person's constitutional rights to an impartial decision. Impermissible conflicts include, but are not limited to, a member having a fixed opinion that is not susceptible to change, undisclosed ex parte communication, close familial or business relationship with an affected party, or a financial interest in the outcome of the matter.

(6)

The proceedings of the board are subject to the requirements of North Carolina Open Meetings Law and the provisions of this chapter.

(7)

The board shall keep detailed minutes of its proceedings. The minutes shall note the relevant facts and testimony, and attendance of each board member, records of the vote or abstentions of each member. The chairperson and secretary of the board of adjustment shall sign the minutes.

(Ord. of 7-10-2006(2), § 806.4)

The board of adjustment shall have powers and duties to hear and make decisions regarding administrative appeals, variances, interpretation of maps, nonconformities and parking and loading modifications.

(Ord. of 7-10-2006(2), § 806.5)

The board of adjustment will hear and decide appeals where it is alleged that there is an error or errors in any order, requirement, decision or determination made by the zoning officer in the enforcement of this chapter. An appeal may be taken by any person aggrieved or by an officer, department, board, or bureau of the town. Appeals shall be taken within times prescribed by the board of adjustment by general rule, by filing with the officer from whom the appeal is taken, and with the board of adjustment, a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(1)

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment, after notice of appeal has been filed with him, that because of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property or that, because the violation charged is transitory in nature, a stay would seriously interfere with enforcement of this chapter. In that case, proceedings shall not be stayed except by a restraining order, which may be granted by the board of adjustment or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.

(2)

The board of adjustment shall fix a reasonable time for the hearing of the appeal, give due notice thereof to the parties, and decide it within a reasonable time. The board of adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and shall make any order, requirement, decision or determination that, in its opinion, ought to be made in the premises. To this end, the board shall have all the powers of the officer from whom the appeal is taken.

(3)

The board shall refuse to consider an appeal or application previously denied if it finds that there have been no substantial changes in conditions or circumstances bearing on the appeal or application.

(Ord. of 7-10-2006(2), § 806.6)

When owing to special conditions, practical difficulties or unnecessary hardships that would result from carrying out the strict letter of this chapter, the board of adjustment shall have the power to vary or modify any of the regulations or provisions of this chapter relating to the use, construction or alteration of buildings or structures or the use of the land, so the spirit of the chapter shall be observed, public safety and welfare secured, and substantial justice done. The existence of a nonconforming use of neighboring land, building or structure in the same district, or of permitted or nonconforming uses in other districts, shall not constitute a reason for the requested variance.

(1)

A variance may be granted in such individual cases of unnecessary hardship upon a finding by the board of adjustment that the following conditions exist:

a.

There are exceptional conditions pertaining to the particular piece of property in question because of its shape, size or topography that are not applicable to other lands or structures in the same district, or there is a peculiar characteristic of an establishment which makes the parking and/or loading requirements of this chapter unrealistic.

b.

Granting the variance requested will not confer upon the applicant any special privileges that are denied to other residents of the district in which the property is located.

c.

A literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located.

d.

The requested variance will be in harmony with the purpose and intent of this chapter and will not be injurious to the neighborhood or to the general welfare.

e.

The special circumstances are not the result of the actions of the applicant.

f.

The variance requested is the minimum variance that will make possible the legal use of the land, building or structure.

g.

The variance is not a request to permit a use or conditional use that is not in the district involved.

(2)

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards to ensure that substantial justice has been done and that the public safety and welfare has 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. Nonconformance with such conditions and safeguards, when part of the terms under which the variance is granted, shall be deemed a violation of this chapter.

(Ord. of 7-10-2006(2), § 806.7)

The board of adjustment will interpret the official zoning map in accordance with section 30-42.

(Ord. of 7-10-2006(2), § 806.8)

The board of adjustment will hear and make determinations concerning nonconformities described in article V of this chapter.

(Ord. of 7-10-2006(2), § 806.9)

The board of adjustment will hear and make those parking and loading modifications described in article III of this chapter.

(Ord. of 7-10-2006(2), § 806.10)

(a)

All evidence and testimony shall be presented publicly, and the board may consider all relevant facts within the personal knowledge of any member of the board, but such facts should be stated publicly in the hearing.

(b)

All planning board meetings shall be held at a regular time and place and at such other times and places as the board may determine. A schedule of the planning board's regular meetings during a calendar year shall be kept on file in the town clerk's office. All meetings of the board shall be open to the public. Due notice shall be given to all parties of interest and public hearings shall be advertised when required under the provisions of this chapter. Any interested party may appear in person, by agent or by attorney, offer evidence and testimony and cross examine witnesses.

(Ord. of 7-10-2006(2), § 808.1)

(a)

Applications for special use permits, administrative appeals, and variances require that the appropriate board hold a quasi-judicial public hearing on the application.

(b)

Notice of the public hearing shall be given once a week for two successive calendar weeks in a newspaper having general circulation in the town. The said notice shall be published the first time not less than ten days or more than 25 days before such public hearing.

(c)

The board shall give due notice to the applicant of any meetings at which the application will be considered.

(d)

In the case of a special use permit application, the planning board shall be given 60 days before the public hearing to review the application. The hearing shall not be held until a planning board recommendation has been received or the 60 days have elapsed.

(e)

Quasi-judicial nature of hearing. All hearings by the board of adjustment for administrative appeals and variances and by the town council for special use permits shall be conducted as quasi-judicial hearings in accordance with the general law and court decisions of the state. More specifically, any interested party must 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. Findings shall be based on substantial evidence or testimony which is competent, relevant, and material. Findings as to the existence or nonexistence of crucial facts shall be based on sworn evidence or testimony unless the parties before the board stipulate the facts or waive this requirement.

(Ord. of 7-10-2006(2), § 808.2)

(a)

The concurring vote of four-fifths of the qualified members of the board of adjustment is necessary to reverse any order, requirement, decision or determination of any administrative official charged with the enforcement of this chapter, or to decide in favor of the applicant any matter upon which it is required to pass under this chapter or to grant a variance from the provisions of this chapter. Vacancies and recusals are not included when determining the supermajority.

(b)

The concurring vote of a simple majority of the members of the town council is necessary to grant a special use permit. Vacancies and recusals are not included when computing the majority.

(c)

Any planning board member, board of adjustment member or town council member is prohibited from voting in matters where the outcome being considered is reasonable likely to have a direct, substantial, and readily identifiable financial interest. In such cases, where a board member fails to recuse himself, a majority vote of the remaining members may be taken to disqualify that member from voting on the issue.

(d)

No member shall be excused from voting except upon matters involving the consideration of his own personal or financial interests, which preclude impartial consideration of the issue in question. A failure to vote by any member who is eligible shall be recorded as an affirmative vote.

(e)

Alternates may serve on individual matters based on a member's temporary disqualification or recusal.

(f)

Every decision of the board of adjustment shall be filed in the office of the zoning officer and a written copy thereof shall be delivered to the appellant by personal service or registered mail.

(Ord. of 7-10-2006(2), § 808.3)

Because all decisions by the board of adjustment for administrative appeals and variances, and by the town council for special use permits, are quasi-judicial decisions, they are subject to review in superior court by proceeding in the nature of certiorari. Any appeal to the superior court shall be made within 30 days after the decision of the board is filed in the office of the zoning officer, or after a written copy thereof is delivered to the appellant by personal service or registered mail or certified mail, return receipt requested, whichever is later.

(Ord. of 7-10-2006(2), § 808.4)