§ 4. Carteret County Board of Adjustment.

The Carteret County Board of Adjustment shall hear and decide appeals from and review any order, requirement, decision, or determination made by the planning director or designee charged with the enforcement of this ordinance. The Carteret County Board of Adjustment shall also have the authority to grant such variances from the terms of this ordinance as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of this ordinance will, in an individual case, result in practical difficulty or unnecessary hardship so that the spirit of the ordinance shall be observed, the public safety and welfare secured and substantial justice done.

4.1

Interpretation of the ordinance : The board of adjustment is responsible for interpreting the provisions of the ordinance if there is a question about the meaning or application of a provision. Once the board has made an interpretation on an issue, the zoning enforcement officer will consistently use that interpretation in the administration of the ordinance. The board may also ask that the ordinance be amended to clarify a problem with the ordinance that has come to the board's attention.

4.2

Administrative review: The board of adjustment will hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the enforcement officer, administrator, or the Carteret County Planning Commission. Any person who feels that his/her legal or property rights may have been affected, or any officer, department, board, or bureau of Carteret County may file such an appeal within 30 days of the decision of the enforcement officer.

4.3

Variances : When unnecessary hardships would result from carrying out the strict letter of a zoning ordinance, the board of adjustment shall vary any of the provisions of the ordinance upon a showing of all of the following:

(a)

Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.

(b)

The hardship results from conditions that are peculiar to the 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.

(c)

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.

(d)

The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved.

No change in permitted uses may be authorized by variance. Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance.

4.4

Appeals and hearings : At least four weeks before the regularly scheduled zoning board of adjustment meeting date, the applicant for an appeal, code interpretation, or variance shall submit the completed application form and all supporting materials (including paper copies of any maps, site plans, and other graphics in sufficient number, as determined by the planning director or designee) and any required fee. In consultation with the chair of the zoning board of adjustment, the planning director or designee shall establish annually the schedule of the meeting date and submission deadline for each month's zoning board of adjustment regular meeting.

All administrative papers and other information relating to an appeal, code interpretation, or variance must be submitted to the planning director or designee by the appellant at least four weeks before the regularly scheduled zoning board of adjustment meeting date. After this deadline has expired, the applicant may not submit additional materials or information for the board to consider, unless the applicant agrees to be heard at the next available board meeting for which the submission deadline has not expired.

The planning department will give notice of the time, place, and subject of its hearings to the person(s) making the request. The board will keep minutes of its hearings and records of the votes of each member.

4.5

Actions of the board : Any decision of the board of adjustment will state the reasons and the findings of fact and conclusions of law made by the board to reach its decision. The concurring vote of four members of the board will be required to reverse any order, requirement, decision, or determination of any administrative official charged with enforcement of the ordinance, or to decide in favor of the person(s) making an appeal, or a variance request. If the request is denied, the board of adjustment shall inform the parties involved of its decision and the reasons and findings of fact in writing.

4.6

Rehearing : The board of adjustment will refuse to hear an appeal or application for a variance that has been previously denied if it finds that there have been no substantial changes in the conditions, circumstances, or evidence relating to the matter.

4.7

Fees : Petitions for appeals to be considered by the board of adjustment must be filed with the planning department and must be in accordance with the planning department fee schedule.

(Ord. of 8-18-14(3))