Appendix 1403. Duties of the board of adjustment.

The board of adjustment is assigned a certain number of specific duties by this ordinance. Those duties are listed below.

1403.1. 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.

1403.2. 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.

1403.3 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:

(1)

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.

(2)

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.

(3)

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.

(4)

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.

(Ord. of 8-16-10(6); Ord. of 7-16-12(3) ; Ord. of 7-21-14(2))