Sec. 2.4. Board of Adjustment (BOA)

2.4.1. Establishment

The Board of Adjustment is established in accordance with the Interlocal Cooperation Agreement on City-County Planning, NCGS Chapter 160D, and in accordance with special legislation adopted for the City and County regarding the Board of Adjustment.

2.4.2. Membership, Terms and Compensation

The Board of Adjustment shall consist of seven members and three alternates. Its composition, terms, vacancies, removals, and compensation shall be in accordance with the Interlocal Agreement on City-County Planning.

2.4.3. Officers, Meetings, Quorum

Board of Adjustment officersClosed A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products., meetings, and quorum shall be in accordance with the Board’s adopted Rules of Procedure and Interlocal Cooperation Agreement on City-County Planning.

2.4.4. Rules of Procedure

The Board of Adjustment shall adopt rules of procedure for the conduct of its business, consistent with State law, special legislation, the City-County Interlocal Agreement and this Ordinance.

2.4.5. Powers and Duties

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

A. Authority

1. The Board of Adjustment shall be responsible for final action regarding the following:

a. Applications for variancesClosed A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship.;

b. Applications for minor special use permits;

c. AppealsClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. of administrative decisions but not including those decisions involving SedimentationClosed Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and ErosionClosed The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control regulations, stormwaterClosed The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. ordinances, or any other code or ordinance that does not grant the Planning Director authority; and

d. Applications for reasonable accommodation.

2. The Board of Adjustment shall perform related duties as directed by the governing bodies.

B. Annual Report

The Board of Adjustment shall prepare an annual report in accordance with the Board’s adopted Rules of Procedure and the City-County Interlocal Agreement.

2.4.6. Decisions

A. Voting requirements for written decisions, where required, and for other actions shall be as specified in the Board’s adopted Rules of Procedure.

B. Every quasi-judicial decision of the Board of Adjustment shall be reduced to writing and subject to review by the superior court by proceedings in the nature of a petition for a writ of certiorari pursuant to NCGS § 160D-1402. Any petition for review by the court shall be filed with the clerk of superior court within 30 days of the effective date of a Board of Adjustment decision, or after a written copy thereof is delivered to the party who has made a request for such decision in compliance with paragraph C. below, whichever is later. When first class mail is used to deliver notice of the decision, three days shall be added to the time to file the petition.

C. Any party desiring a copy of the decision of the Board of Adjustment shall file a written request with the Planning Department prior to the effective date of the decision. Such decisions shall be delivered by personalClosed Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. delivery, electronic mail, or by first class mail.

D. A written decision shall be considered filed with the clerk of the Board of Adjustment, and thus effective, on the date that the final necessary signature on such decision is obtained and the decision is ready for distribution.