E. Board of Adjustment Review & Decision . The Board of Adjustment shall review the application, hold an evidentiary hearing, and decide the application in accordance with Article P Administrative Powers & Duties, §9-1753 Board of Adjustment. F. Issuance & Recordation of Variance . If the variance application is approved by the Board of Adjustment, the Planning Director or his/her designee shall issue the applicant documentation of approval and any conditions of such approval. The Planning Department shall prepare an “Order” identi fying the action of the Board of Adjustment and any conditions that will be signed by the chair of the Board of Adjustment and the applicant. The “Order” shall be recorded with the Wake County Registry of Deeds by the Planning Department. (4) Appeal . The applicant or any person with standing may appeal the decision of the Board of Adjustment; however, such appeal shall be made within 30 days from receipt of any source of actual or constructive notice of the decision within which to file such appeal. (5) Effect of Approval . Approval and recordation of a variance authorizes only particular regulatory relief approved as part of the variance and applies only to the land for which the variance is approved, and only in accordance with any approved plans and documents and conditions of approval. Such an approval does not exempt the applicant from the responsibility to apply for other applications and obtain permits in accordance with the Land Development Ordinance. (6) Expiration . The variance shall expire if the property owner does not obtain a building permit or a Certificate of Occupancy within 12 months, if necessary, or the property owner changes the development and/or configuration on the property such that the variance that warranted the hardship no longer exists or is necessary.
ll. Vested Rights
Vested rights are allowed in accordance with the standards provided under aa. Site- Specific Vesting Plan of this Article.
mm. Zoning Compliance Letter
The zoning compliance letter (letter of zoning compliance or zoning verification letter) shall be required in accordance with this Article in order to ensure that proposed development complies with the zoning, use, and standards of the Land Development Ordinance and otherwise protects the public health safety and welfare of the citizens of the Town of Fuquay-Varina.
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