§ 11. Appeals to the 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 enforcement officer or designee. The Carteret County Board of Adjustment may overturn such order, requirement, decision, or determination where it 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.

No order, requirement, decision, or determination may be reversed or affirmed until after a public hearing has been held on the request. The total amount of time allowed for the supporters or the opponents of a petition to present arguments at the hearing shall be determined at the time of public hearing. At the hearing, the presiding officer of the hearing will decide whether to grant all or part of the request for additional time.

In cases involving a controversial matter and a large number of persons wish to speak at the public hearing in favor of or against a request, the planning department reserves the right to require those persons to sign up in advance of the public hearing in order to facilitate and organize the speakers. Persons who do not register to speak in advance shall be allowed that right at the public hearing. If such a requirement for pre-registration is necessary, the advertised public hearing notice shall clearly indicate this requirement.

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 10-17-11(16))