<div class="chunk-title">Section 701. - Powers and duties of the board of adjustment.</div>
<div class="chunk-content">
            <p class="p0">
               The board of adjustment shall have all duties proscribed under G.S. 160D-302, including
               the following powers and duties:
               
               <p class="hg1">
                  701.01 <span class="ital">Administrative review.</span> To hear and decide appeals where it is alleged there is error in any order, requirement,
                  decision, or determination made by the administrative official in the enforcement
                  of this ordinance.
                  </p>
               
               <p class="hg1">
                  701.02 <span class="ital">Temporary use permits.</span> To hear and decide applications for temporary uses and structures as authorized in
                  the ordinance for a purpose that does not otherwise conform to the permitted uses
                  for the district in which such use is proposed to be located: provided that such use
                  or structure shall be of a temporary nature and not involve the erection of permanent
                  buildings. Such use or structure may be authorized by the issuance of a temporary,
                  nontransferable use permit, revokable for cause, for a period not to exceed one year
                  subject to renewal on an annual basis not to exceed three years and provided that
                  at the termination of the period for which the temporary use permit is granted, no
                  evidence shall remain of the temporary use. The procedure for hearing requests for
                  the temporary use permits shall be the same as subsection 701.03 below.
                  </p>
               
               <p class="hg1">
                  701.03 <span class="ital">Special use permits.</span> To hear and make decisions on applications for special use permits. A special use
                  permit is a permit issued to authorize development or land uses in a particular zoning
                  district upon presentation of competent, material, and substantial evidence establishing
                  compliance with one or more general standards requiring that judgment and discretion
                  be exercised, as well as compliance with specific standards. The term includes permits
                  previously referred to as conditional use permits under this ordinance.
                  
                  <p class="incr2">
                     a.
                     </p>
                  		
                  <p class="content3">
                     <span class="ital">Purpose.</span> To grant in particular cases and subject to appropriate conditions and safeguards
                     special use permits as authorized by the zoning ordinance.
                     </p>
                  		
                  
                  <p class="incr2">
                     b.
                     </p>
                  		
                  <p class="content3">
                     <span class="ital">Eligibility.</span> Any person having a freehold interest in land, or possessory interest entitled to
                     exclusive possession, or a contractual interest which may become a freehold interest
                     and which is specifically enforceable may file an application to use such land for
                     one or more of the special uses provided for in this zoning ordinance in the zoning
                     district in which the land is located.
                     </p>
                  		
                  
                  <p class="incr2">
                     c.
                     </p>
                  		
                  <p class="content3">
                     <span class="ital">Application procedure.</span> An application for a special use permit shall be filed with the zoning administrator
                     on affirm provided by the zoning administrator at least 15 days prior to the board
                     of adjustment meeting at which such application is to be considered, and shall include
                     a statement in writing by the applicant and adequate evidence showing that the proposed
                     special use will conform to the standards set forth in subsection f. Each application
                     for a special use permit shall be accompanied by a fee (see county fee schedule) to
                     defray the costs involved. Such applications shall be forwarded by the zoning administrator
                     to the board of adjustment with a request for a quasi-judicial hearing on the application.
                     </p>
                  		
                  
                  <p class="incr2">
                     d.
                     </p>
                  		
                  <p class="content3">
                     <span class="ital">Evidentiary hearing; quasi-judicial decision.</span> Upon receipt in proper form of the written recommendations from the zoning administrator,
                     the board of adjustment shall conduct an evidentiary hearing and render a quasi-judicial
                     decision on the proposed special use permit. Such hearings shall follow all requirements
                     of G.S. 160D-406. Notice of hearing shall be mailed to the person or entity whose
                     application or request is the subject of the hearing; to the owner of the property
                     that is the subject of the hearing if the owner did not initiate the hearing; to the
                     owners of all parcels of land abutting the parcel of land that is the subject of the
                     hearing; and to the owners parcels of land that are within 300 feet of the subject
                     property. In the absence of evidence to the contrary, the zoning administrator may
                     rely on the county tax listing to determine owners of property entitled to mailed
                     notice. The notice must be deposited in the mail at least ten days, but not more than
                     25 days, prior to the date of the hearing. Within that same time period, notice of
                     the hearing shall also be posted on the site that is the subject of the hearing or
                     on an adjacent street or highway right-of-way. The board may continue an evidentiary
                     hearing that has been convened without further advertisement. If an evidentiary hearing
                     is set for a given date and a quorum of the board is not then present, the hearing
                     shall be continued until the next regular board meeting without further advertisement.
                     </p>
                  		
                  
                  <p class="incr2">
                     e.
                     </p>
                  		
                  <p class="content3">
                     <span class="ital">Authorization.</span> For each application for a special use permit, the zoning administrator shall report
                     to the board of adjustment his recommendations including the stipulations of additional
                     conditions and guarantees that such conditions will be complied with when they are
                     deemed necessary for the protection of the public interest. If an application for
                     a proposed special use permit is not approved by the board of adjustment within 90
                     days of the date upon which application is received by the board of adjustment, it
                     shall be deemed to have been denied.
                     </p>
                  		
                  
                  <p class="incr2">
                     f.
                     </p>
                  		
                  <p class="content3">
                     <span class="ital">Standards.</span> No special use permit shall be granted by the board of adjustment unless the board
                     finds by competent, material and substantial evidence that satisfactory provisions
                     and arrangements have been or will be made by the applicant concerning the following
                     standards, if deemed applicable to the proposed use:
                     </p>
                  		
                  <p class="incr3">
                     1.
                     </p>
                  		
                  <p class="content4">
                     Ingress and egress to property and proposed structures thereon with particular reference
                     to automotive and pedestrian safety and convenience, traffic flow and control, and
                     access in case of fire or catastrophe;
                     </p>
                  		
                  <p class="incr3">
                     2.
                     </p>
                  		
                  <p class="content4">
                     Off-street parking and loading areas where required, with particular attention to
                     the items in [subsection] 1. above and the economic, noise, glare, or odor effects
                     of the conditional use on adjoining properties and properties generally in the district;
                     </p>
                  		
                  <p class="incr3">
                     3.
                     </p>
                  		
                  <p class="content4">
                     Refuse and service area, with particular reference to the items in [subsections] 1,
                     and 2. above;
                     </p>
                  		
                  <p class="incr3">
                     4.
                     </p>
                  		
                  <p class="content4">
                     Utilities, with reference to locations, availability, and compatibility;
                     </p>
                  		
                  <p class="incr3">
                     5.
                     </p>
                  		
                  <p class="content4">
                     Screening and buffering with reference to type, dimensions, and character;
                     </p>
                  		
                  <p class="incr3">
                     6.
                     </p>
                  		
                  <p class="content4">
                     Signs, if any, and proposed exterior lighting with reference to glare, traffic safety,
                     economic effect, and compatibility and harmony with properties in the district;
                     </p>
                  		
                  <p class="incr3">
                     7.
                     </p>
                  		
                  <p class="content4">
                     Required yards and other open space and preservation of existing trees and other attractive
                     natural features of the land;
                     </p>
                  		
                  <p class="incr3">
                     8.
                     </p>
                  		
                  <p class="content4">
                     General compatibility with adjacent properties and other property in the district.
                     </p>
                  		
                  <p class="b3">
                     In addition, based upon its findings with regard to the standards specified above
                     (as deemed applicable to the proposed use), the board of adjustment shall make a determination
                     regarding whether the proposed use, if subject to the terms and conditions recommended
                     by staff or imposed by the board, will probably
                     
                     <p class="incr4">
                        a.
                        </p>
                     		
                     <p class="content5">
                        Not materially endanger the public health or safety;
                        </p>
                     		
                     
                     <p class="incr4">
                        b.
                        </p>
                     		
                     <p class="content5">
                        Not substantially injure the value of adjoining or abutting properly;
                        </p>
                     		
                     
                     <p class="incr4">
                        c.
                        </p>
                     		
                     <p class="content5">
                        Be in harmony with existing development and uses within the area in which it is located;
                        and
                        </p>
                     		
                     
                     <p class="incr4">
                        d.
                        </p>
                     		
                     <p class="content5">
                        Be in general conformity with the land use plan, thoroughfare plan, or other plan
                        officially adopted by the Halifax County Board of Commissioners.
                        </p>
                     		
                     
                  
                  <p class="incr2">
                     g.
                     </p>
                  		
                  <p class="content3">
                     <span class="ital">Consent to conditions.</span> No special use permit shall be effective without the written consent of the applicant
                     and the landowner to the conditions imposed thereon. Without such consent, the permit
                     shall be deemed denied.
                     </p>
                  		
                  
                  <p class="incr2">
                     h.
                     </p>
                  		
                  <p class="content3">
                     <span class="ital">Revocation of permit.</span> in addition to enforcement actions under G.S. 160D-404, a special use permit may
                     be revoked by notifying the holder in writing stating the reason for the revocation.
                     The zoning administrator and the board of adjustment shall follow the same development
                     review and approval process required for issuance of the special use permit, including
                     any required notice or hearing, in the review and approval of a revocation. Special
                     use permits shall be revoked for any substantial departure from the approved application,
                     plans, or specifications; for refusal or failure to comply with the requirements of
                     any applicable local regulation or any state law delegated to the local government
                     for enforcement purposes in lieu of the state; or for false statements or misrepresentations
                     made in securing the permit. In addition, any permit approval mistakenly issued in
                     violation of an applicable state or local law may also be revoked. The revocation
                     of a development approval by the zoning administrator may be appealed to the board
                     of adjustment pursuant to G.S. 160D-405.
                     </p>
                  		
                  
               
               <p class="hg1">
                  701.04 <span class="ital">Variances; conditions governing applications; procedures.</span> To authorize upon appeal in specific cases such variance from the terms of this ordinance
                  as will not be contrary to the public interest where, due to special conditions, a
                  literal enforcement of the provisions of this ordinance would result in undue hardship.
                  A variance from the terms of this ordinance shall not be granted by the board of adjustment
                  unless and until;
                  
                  <p class="incr2">
                     a.
                     </p>
                  		
                  <p class="content3">
                     A written application for a variance is submitted demonstrating:
                     </p>
                  		
                  <p class="incr3">
                     1.
                     </p>
                  		
                  <p class="content4">
                     That special conditions and circumstances exist which are peculiar to the land, structure,
                     or building involved and which are not applicable to other lands, structures, or buildings
                     in the same district;
                     </p>
                  		
                  <p class="incr3">
                     2.
                     </p>
                  		
                  <p class="content4">
                     That literal interpretation of the provisions of this ordinance would deprive the
                     applicant of rights commonly enjoyed by other properties in the same district under
                     the terms of this ordinance;
                     </p>
                  		
                  <p class="incr3">
                     3.
                     </p>
                  		
                  <p class="content4">
                     That the special conditions and circumstances do not result from the actions of the
                     applicant;
                     </p>
                  		
                  <p class="incr3">
                     4.
                     </p>
                  		
                  <p class="content4">
                     That granting the variance requested will not confer on the applicant any special
                     privilege that is denied by this ordinance to other lands, structures, or buildings
                     in the same district;
                     </p>
                  		
                  <p class="incr3">
                     5.
                     </p>
                  		
                  <p class="content4">
                     No nonconforming use of neighboring lands, structures, or buildings in the same district,
                     and no permitted use of lands, structures, or buildings in other districts shall be
                     considered grounds for the issuance of a variance.
                     </p>
                  		
                  
                  <p class="incr2">
                     b.
                     </p>
                  		
                  <p class="content3">
                     Notice of hearing regarding the requested variance shall be given as in subsection
                     701.03(d) above.
                     </p>
                  		
                  
                  <p class="incr2">
                     c.
                     </p>
                  		
                  <p class="content3">
                     The quasi-judicial hearing shall be conducted following the same development review
                     and approval process required for issuance of a special use permit, including any
                     required notice of hearing, and consistent with the requirements of G.S. 160D-406.
                     </p>
                  		
                  
                  <p class="incr2">
                     d.
                     </p>
                  		
                  <p class="content3">
                     The board of adjustment shall make findings as to whether the applicable requirements
                     of article VII. Section 701.03.f. have been met by the applicant for a variance.
                     </p>
                  		
                  
                  <p class="incr2">
                     e.
                     </p>
                  		
                  <p class="content3">
                     The board of adjustment shall further make a finding that the reasons set forth in
                     the application justify the granting of the variance, and that the variance is the
                     minimum variance that will provide for the reasonable use of the land, building, or
                     structure.
                     </p>
                  		
                  
                  <p class="incr2">
                     f.
                     </p>
                  		
                  <p class="content3">
                     The board of adjustment shall further make a finding that the granting of the variance
                     will be in harmony with the general purpose and intent of this ordinance, and will
                     not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
                     </p>
                  		
                  
                  <p class="b2">
                     In granting any variance, the board of adjustment may prescribe appropriate conditions
                     and safeguards in conformity with this ordinance. Violation of such conditions and
                     safeguards, when made a part of the terms under which the variance is granted, shall
                     be deemed a violation of this ordinance and punishable under article IX, <a href="" data-chunk-id="COOR_APXAZO_ARTIXCHAMGERE_S907PE" class="section-link" data-product-id="12479">section 907</a>.
                     </p>
                  
                  <p class="b2">
                     Under no circumstances shall the board of adjustment grant a variance to allow a use
                     not permissible under the terms of this ordinance in the district involved, or any
                     use expressly or by implication prohibited by the terms of this ordinance in said
                     district.
                     </p>
                  
               
               <p class="hg1">
                  701.05 <span class="ital">Decision of the board of adjustment.</span> In exercising the abovementioned powers, the board of adjustment may, so long as
                  such action is in conformity with the terms of this ordinance, reverse or affirm,
                  wholly or partly, or may modify the order, requirement, decision or determination,
                  and to that end shall have powers of the administrative official from whom the appeal
                  is taken.
                  </p>
               
               <p class="hg1">
                  701.06 <span class="ital">Revocation of approvals.</span> In addition to initiation of enforcement actions under G.S. 160D-404, any development
                  approvals may be revoked by the by notifying the holder in writing stating the reason
                  for the revocation. The zoning administrator and board of adjustment shall follow
                  the same development review and approval process required for issuance of the development
                  approval, including any required notice or hearing, in the review and approval of
                  any revocation of that approval. Development approvals shall be revoked for any substantial
                  departure from the approved application, plans, or specifications; for refusal or
                  failure to comply with the requirements of any applicable local regulation or any
                  state law delegated to the local government for enforcement purposes in lieu of the
                  state; or for false statements or misrepresentations made in securing the approval.
                  Any development approval mistakenly issued in violation of an applicable state or
                  local law may also be revoked. The revocation of a development approval by a staff
                  member may be appealed pursuant to G.S. 160D-405.
                  </p>
               
            <p class="historynote0">
               (Ord. of 6-7-82; Ord. of 6-3-91; Ord. of 1-3-94, Â§ 2; Res. of 6-6-22(1))
               </p></div>