Land Development Ordinance - Amended 6-3-2024

k. Additional Restrictions & Conditions

The Board of Adjustment may impose or require such additional restrictions as may be necessary to protect the health and safety of the workers and residents of the community, and to protect the value and use of property in the general neighborhood only in accordance with the provisions of this Article. No change in permitted uses may be authorized by a variance. Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance. Any other ordinance that regulates land use or development may provide for variances consistent with the provisions of this Article.

l.

Rescinding & Revoking Permits

Wherever the Board of Adjustment shall find, in the case of any permit granted pursuant to the provisions of this Article, that any of the terms, conditions, or restrictions, upon which such permit was granted are not being complied with, the Board of Adjustment may rescind and revoke such permit after giving notice to all parties concerned and granting full opportunities for an evidentiary hearing, and as provided by the North Carolina General Statutes.

m. Voting

The Board of Adjustment shall vote on each item before them in accordance with the following voting standards:

(1) Special Use Permits & Appeals . A majority vote of the members shall be required to decide any quasi-judicial matter regarding special use permits and to determine an appeal made in the nature of certiorari.

(2) Variances . The concurring vote of four-fifths (4/5) of the Board of Adjustment membership shall be necessary to grant a variance.

(3) Vacancies & Recusal . For the purposes of voting, vacant positions on the Board and members who are disqualified (recusal) from voting on a quasi- judicial matter shall not be considered members of the Board for calculation of the prerequisite majority if there are no qualified alternates available to take the place of such members. A member that is absent must be counted in the calculation of the prerequisite majority.

n. Oath s

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