§ 8. Establishment and Powers of the Board of Appeals.

There is hereby established a Board of Appeals and the current members of the Carteret County Board of Adjustment and their duly appointed successors, are hereby appointed as the Board of Appeals.

1.

Procedures. The Rules and Procedures adopted by the Board of Appeals under the requirements of the Zoning Ordinance shall have full effect and standing under this Appendix.

2.

Powers and Authority of the Board of Appeals. The Board of Appeals shall have and exercise the following powers:

a.

To hear and decide appeals from any order, requirement, decision, or determination made by the Enforcement Officer, administrator, the Carteret County Planning Commission, or other official in the enforcement of this Appendix;

b.

To hear and decide special exceptions as to the terms of this Appendix;

c.

To hear and decide specific variances under G.S. 63-32(b) and as required by the terms of this Appendix.

3.

Variances. Any person desiring to erect any structures or increase the height of any structure or permit the growth of any tree, or otherwise use his property in violation of this Appendix may apply to the Board of Appeals for a variance from these Regulations in question. Such variance shall be allowed where a literal application or enforcement of these Regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but would do substantial justice and be in accordance with the spirit of these Regulations and this Appendix. Such variance shall be accompanied by a determination from the Federal Aviation Administration to the effect that the variance proposed to be granted would have no effect on the operation of aircraft operations and procedures for the Airport or the safe, efficient use of the navigable air space. Such variance shall be granted if it is determined that the variance would not be contrary to the public interest and would not constitute a hazard to air navigation.

4.

Appeals to the Board of Appeals. Any person or persons aggrieved by a decision or determination made by the enforcement officer, administrator, or the Carteret County Planning Commission may appeal the decision to the Zoning Board of Adjustment within 30 (thirty) days of the decision.

An appeal shall stay all proceedings in furtherance of the action appealed from, unless Carteret County or its representative certifies to the Board of Appeals, after the Notice of Appeal has been filed, that by reasons of the facts stated in the certificate, a stay would in its opinion cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a Court of record on application and Notice to the Enforcement Officer, administrator, or the Carteret County Planning Commission from which the appeal is taken and on due cause shown.

5.

Appeal Hearings and Record. The Appeal Board shall fix a reasonable time for the hearing on the appeal, give public hearing, and due notice to the parties in interest, and decide the same within a reasonable time. At any hearing before the Board, any party may appear in person or by agent or by attorney.

The Appeal Board may, in conformity with the provisions of this Appendix and North Carolina Law, reverse or affirm, wholly or partly or modify, the Order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the administrative agency from which the appeal is taken.

6.

Required Vote. The concurring vote of at least four (4) members of the Board shall be sufficient to reverse any order, requirement, decision, or determination of the Enforcement Officer, administrator, or the Carteret County Planning Commission to decide in favor of the applicant on any matter upon which it is required to pass under any such appendix, or to effect any variation in such appendix.

7.

Judicial Review. Any person or persons aggrieved by a decision of the board may appeal the decision of the Board of Adjustment to the superior court of North Carolina within thirty (30) days after a written and signed copy of the decision is filed in the planning department. Any aggrieved party may submit a written request for the decision at the time of the hearing.

(Ord. of 8-16-10(7))