<div class="chunk-title">Sec. 2.4 - Board of adjustment.</div>
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            <p class="incr0">
               (a)
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               <span class="ital">Authority.</span> The Jackson County Board of Adjustment (BOA) is established and may exercise those
               powers granted such boards by G.S. ch. 160D. The UDO provides that the BOA hear and
               decide special use permits, requests for variances, and appeals of decisions of administrative
               officials charged with enforcement of the ordinance. The Planning Board shall serve
               as the Board of Adjustment.
               </p>
            		
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               (b)
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               <span class="ital">Jurisdiction.</span> This Ordinance shall apply to all of Jackson County except for those areas included
               within the planning jurisdiction of any incorporated municipalities and those areas
               within the Qualla Boundary, as provided by law.
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               (c)
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               <span class="ital">Membership.</span>
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               (i)
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               The Planning Board, serving as the Board of Adjustment, shall consist of the five
               members of the Planning Board serving as the District representatives appointed by
               the Board of Commissioners. The six at large members of the Planning Board shall serve
               as alternates to the Board of Adjustment.
               </p>
            		
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               (ii)
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               The Board of Commissioners shall also appoint two alternate members who may be called
               in by the chairman of the Board of Adjustment, or the Director, serving as clerk for
               the Board of Adjustment, to serve in the absence of a regular board member. Said alternate
               members shall also serve a term of three years. Such alternate members, while attending
               any regular or special meeting of the Board of Adjustment and serving in the absence
               of any regular member, shall have and exercise all powers and duties of such regular
               member so absent.
               </p>
            		
            <p class="incr0">
               (d)
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               <span class="ital">Powers and duties.</span> The powers and duties of the Board of Adjustment shall be as stated herein:
               </p>
            		
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               (i)
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               <span class="ital">Administrative Appeals.</span>
               </p>
            		
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               1)
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               The Board of Adjustment is empowered to hear and decide appeals from any order, requirement,
               decision or determination made by an administrative official charged with enforcing
               any portion of the Jackson County Code (or any other ordinance) wherein it is provided
               that appeals may be taken to the Board of Adjustment. The concurring vote of four-fifths
               (four) of the members of the Board of Adjustment shall be necessary to reverse any
               order, requirement, decision or determination of the administrative official.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
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               <span class="ital">Variance.</span>
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               1)
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            <p class="content3">
               The Board of Adjustment is empowered to grant variances from the terms of any portion
               of the Jackson County Code (or any other ordinance) wherein it is provided that such
               remedy is authorized.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               <span class="ital">Special Use Permits.</span>
               </p>
            		
            <p class="incr2">
               1)
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            <p class="content3">
               The Board of Adjustment is empowered to review and decide on approval of requests
               for special use permits in accordance with the procedures set forth in this ordinance.
               </p>
            		
            <p class="historynote0">
               (Ord. No. O2019-01(5), 11-2-2021)
               </p></div>