§ 8.3. Board of adjustment.

8.3.1. Establishment of the Board; Qualifications.

A board of adjustment, consisting of ten (10) members, is hereby established. Eight (8) members, appointed by the council, shall reside within the corporate limits of Chapel Hill. One (1) member, appointed by the Orange County Board of Commissioners, shall reside within the town's extraterritorial zoning jurisdiction and one additional representative from the joint planning area or the extraterritorial jurisdiction as outlined in the joint planning agreement. There shall be three (3) alternate members. Two (2) alternate members appointed by the council, shall reside within the corporate limits of Chapel Hill. One (1) alternate member, appointed by the Orange County Board of Commissioners, shall reside within the town's extraterritorial zoning jurisdiction or the joint planning transition area. Alternate members shall sit as regular members on any matter arising from their respective extraterritorial or transition areas and may sit as regular members on any matter in the absence of the regular member. The council may provide for the appointment of such additional number of alternate members as it may in its discretion deem appropriate. Members shall serve without compensation.

The council or county board of commissioners, as appropriate, may appoint alternate members to serve on the board in the absence of any appointed members. Alternate members shall be appointed for the same term, at the same time, and in the same manner as regular members. Each alternate member, while attending any regular or special meeting of the board and serving in the absence of any regular member, shall have and may exercise all the powers and duties of a regular member.

8.3.2. Tenure.

Members of the board shall be appointed in accordance with the council's advisory board membership policy.

8.3.3. Officers.

The board shall elect one (1) member to serve as chair and preside over its meetings, and shall create and fill such offices and committees as it may deem necessary. The term of the chair and other offices shall be one (1) year, with eligibility for reelection to a second term. The chair or any member temporarily acting as chair is authorized to administer oaths to any witnesses in any matter coming before the board.

8.3.4. Powers of the Board.

The board of adjustment shall have the following powers:

(a)

To hear and decide appeals from any decision made by the town manager in the performance of his or her duties in the enforcement of this appendix:

(b)

To hear and decide appeals from any decision of the planning commission, historic district commission, or community design commission;

(c)

To hear and decide requests for variances from the dimensional regulations of this appendix, in accord with section 4.12 of this appendix;

(d)

To make interpretations of the zoning atlas, including disputed questions about zoning district boundary lines or lot lines, and similar questions as they arise in the administration of this appendix;

(e)

To enter, at reasonable times, upon private lands and make examinations or surveys as necessary for the performance of its official duties;

(f)

To request the council to hold public hearings on matters within the purview of the board; and

(g)

To hear and decide any other matter as required by the provisions of this appendix and the Town Code of Ordinances.

8.3.5. Meetings.

The board shall establish a regular meeting schedule and shall meet frequently enough so that it may take action as expeditiously as reasonably possible.

All meetings of the board shall be open to the public, and reasonable notice of the time and place thereof shall be given to the public in accord with Chapter 143, Article 33C of the N.C. General Statutes.

The board shall adopt rules of procedure and regulations for the conduct of its affairs.

In considering appeals, variance requests, and interpretations, the board shall observe the quasi-judicial procedural requirements set forth in sections 4.11 and 4.12 of this appendix.

The board shall keep a record of its meetings, including attendance of its members, the vote of each member on every question, a complete summary of the evidence submitted to it, documents submitted to it, and all official actions.

8.3.6. Attendance at Meetings.

Attendance at meetings shall be in accordance with the council's advisory board membership policy.

8.3.7. Quorum and Voting.

A quorum of the board, necessary to take any official action, shall consist of six (6) members.

(a)

The concurring vote of four-fifths ( 4/5 ) of the membership of the board shall be necessary in order to grant a variance.

(b)

The concurring vote of a majority of the members shall decide any other quasi-judicial matter or to determine an appeal made in the nature of certiorari.

(c)

The concurring vote of a majority of those members present shall be necessary to conduct routine business of the board.

8.3.8. Appeals of Board of Adjustment Actions.

Every decision of the board of adjustment may be appealed to the Superior Court by any aggrieved party. Such appeal must be filed within thirty (30) days of the filing of the decision in the office of the planning department or the delivery of the notice required in subsection 4.12.1(d), whichever is later.

(Ord. No. 2013-09-23/O-2.1, § 1; Ord. No. 2014-03-10/O-2, § 3 ; Ord. No. 2015-11-09/O-1 , § 2; Ord. no. 2018-12-05/O-3 , §§ 1, 2)