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11/24/97 MON 17:54 FAX :rPOY\ER & SPRL'ILL:t, t102 1' 1' 1
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Post-ir Fax Note 7671 Data tgm pages
ARTICL ro 66 r- 0t.li t'= WEINEMNIMI
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BOARD QF AC -NIL 7�
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Section 10.1 Establishment of The, iD� L.u�ut►+wtit
A Board of Adjustment is hereby established. Said board shall consist of nine p
(9) members; five (5) members of the Board to represent the Town of l ,
Mooresville shall be appointed by the Board of Commissioners of the Town of I l
Mooresville and four(4) members to represent the area of extraterritorial
jurisdiction shall be appointed by the Board of County Commissioners of Iredell
County for terms of three (3) years. However, initial appointments shall be as
follows: Two (2) members appointed by the Town Board of Commissioners shall
serve three (3) years each, two (2) members she serve two (2) years each; Two
(2) members appointed by the County Board of Commissioners shall serve three
(3) years each, one (1) member shall serve two (2) years. Members shall serve
without pay but may be reimbursed for any expenses incurred while representing
the Board.
The Board of Adjustment shall contain five (5) regular members and four (4)
alternate members. Annually, in the month of July, the Chairman of the board of
Adjustment shall be responsible for appointing members to the regular and
alternate slots to the Board. There shall, at ail times, be at least one regular
member on the Board of Adjustment who is a resident of the extraterritorial area. 1''
Members may be reappointed to consecutive regular or alternate positions. An li I' .'
alternate member will attend any regular or special meeting of the Board of i'
Adjustment and serving in the absence of a regular member, shall have and l
exercise ail of the powers and duties of such absent regular member. I
11111,11rl
Section 10.2Jurisdiction and Decision of the Board of Adjustment l
111
All members appointed to the Board of Adjustment by the Board of County
Commissioners as representatives of the area of extraterritorial jurisdiction shall ladiligigik
be residents of such area and citizens of Iredell County. Such members shall
Mgr have equal rights, privileges, and duties with other members of the Board of 1 li
Adjustment in all voting matters. Ali members appointed by the Mooresville t,
Town Board shall be residents of the Town of ['Mooresville and shall have equal
rights, privileges, and duties with other members of the Board of Adjustment in i
all voting matters. Il
P. Section 10.3 Proceedings of the Board cif Ad.iustment
The Board of Adjustment shall elect a Chairman and Vice-Chairman from its (I'
members, each o whom shall serve for one (1) year or until re-elected or until
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their successors are elected and qualify. The Board of Adjustment shall appoint ii
a Secretary who may be a municipal officer, an employee of the Town, a ,i
member of the Planning Board or a member of the Board of Adjustment. The
Board of Adjustment shall adept rules and bylaws in accordance with the j
provisions of this Ordinance and Article 19, Chapter 160A of the General
Statutes of North Carolina_ Meetings of the Board shall be held at the call of the
Chairman and at such other time as the Board may determine. The Chairman,
or in his absence the Vice-Chairman, may administer oaths and compel the
attendance of witnesses by subpoena. Ail meetings of the Board of Adjustment
shall be open to the public. The'Secretary shall not have a vote unless he is
also a regular or alternate member of the Board of Adjustment,
Section 10.4 ower nd Duties Of The Ecard Of Adjustment
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The Board of Adjustment shall have the following powers and duties: li I
10.4.1 interpretation ! [
The Board of Adjustment shall hear and decide appeals from and
ilreview any order, requirement, decision, or determination made by
the Zoning Administrator in regard to the enforcement of this l
Ordinance.
A. An appeal shall be taken within forty-five (45) daysof c si
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made by the Zoning Administrator,
i B. An application for an aopeai, specifying the grounds thereof, shall
be filed with the Zoning Administrator who shall immediately
transmit all papers with reference to the case to the Board of
•
Adjustment.
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C. The Board of Adjustment may reverse or affirm, wholly or partly, or i
may modify the order, requirement, decision or determination 1
appealed from.
O. The Board of Adjustment shall have all the powers of the Zoning
Administrator from whom the appeal is taken in making any order,
3 requirement, decision or deter inaticn with reference to the i
appeal. { `
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10.4.2 Variances
When practical difficulties or unnecessary hardships would result from i'''
carrying out the strict letter of this Ordinance, the Board of Adjustment
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shall have the power to vary or modify any of the regulations or provisions 0
t e of this Ordinance, relating to the use, construction or alteration of
6' :if,' ; buildings or structures or the use of land, so the spirit of the Ordinance k
�
shall be observed, public safety and welfare secured, and substantial j1 l
l, justice done_
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' 'e A. Before a variance from the provisions of the Ordinance shall be '
''i - granted, the applicant shall clearly PP demonstrate that:
l' ` .a e 1. There are practical difficulties or unnecessary hardships in the way ;i
, ``<t of carrying out the strict letter of the Ordinance. i
., a Such finding may be made if it is determined that:
a. If he complies with the provisions of this Ordinance, the
;' property owner can secure no reasonable return from or make 1
�, no reasonable use of, his property.
F, b. The hardship results from the application of the Ordin,�nee. �
' t' ', 1 c. ' The hardship is suffered by the applicant's property. j 1
d. The hardship is not the result of the applicant's own actions. .i
, e. The hardship is peculiar to the applicant's property. 1
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. 2. That the variance is in harmony with the General purpose and intent
` of the Ordinance and preseries its spirit: and
fc >. ,, ; 3. That in the granting of the variance, the public safety and welfare
have been assured and substantial justice has been done.
tlf B. The Board of Adjustment, in considering an appl!cation for a variance,
, 'if shall give due consideration to the following: 1 1
r 1. No nonconforming use of the land or structures in the same district, i ',
. and no permitted use of land or structures in other districts, shall be i4
considered grounds far the granting of a variance. i I:
• 2. The request for a variance for a use expressly, or by inference,
prohibited in the district involved, shall not be granted. r ; ;
4`,. C. The Board of Adjustment, before granting a variance, shall make the j'";i l
following findings.
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' 1. That all the requirements of Sections 10.4.2(A) and (B) have been
affirmatively demonstrated.
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l'r 2. That the reason set forth in the application justifythe granting of a
x, variance, and that the variance is a minimum one that will make +.
l ! possible the reasonable use of land or structures. l
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'* ', I D. The Board of Adjustment, in granting a variance, may prescribe 1'
;;� .F , appropriate conditions and safeguards in conformity with this
,.i ' ii't , Ordinance. Violation of such conditions and safeguards, when made a
' part of the terms under which a variance is granted, shall be deemed a l
;.frt violation of this Ordinance and punishable aS prescribed in Section i i j
11.7 of this Ordinance. , , I,
ill.
E. Any order of the Board of Adjustment in granting a variance shall hE �I
, • expire, if a building permit, or certificate of occupancy for such use (if a 1� I it
building permit is not required), has not been obtained within six (6) Ifs 'i.
months from the date of the decision.
Section 10.5Application Procedure ' i.
The following regulations apply to all applications submitted to the Board of
Adjustment: 1 ! 1 "
i
} , 10.5.1 Before a petition to the Board of Adjustment shall be considered,
a completed application on a form provided by the Town of !,
Y Mooresville shall be accompanied by a fee in accordance with 1
9+ ', the fee schedule adapted by the Town Board. The application
l F 1 er, shall be accompanied by a map clearly showing the subject
Iy ;11 1 1.:°r. z f property and all continuous property on either side and to the
4i rear, and all property across anystreet orpublic bloat-of-way from
„, .,t . t p F Y y
4r F the subject property. In addition, a list of names and eddresses
i" 1 f. of the owners of said properties, from the most recent oriciel
i PI records, shall be provided.
10.5.2 The filing of any application stays all proceedings unless the
4 A '" Zoning Administrator certifies that a stay in his opinion will Cause
''''TA : ,_ , imminent peril to life or' property, or, that because the violation �;
charged is transitory in nature a stay would seriously interfere
1- • i : _' with enforcement of the Ordinance, in that event, proceedings
k , y. shall not be stayed except by a restraining order, which may be
granted by the Board of Adjustment, Board of Commissioners, or
k by a Court of Record. i '
;; 10.5.3 The Board of Adjustment shall hold a public hearing (2) on all
r , ' applications no later than thirty-one (31) days after having been
r, ' filed with the Zoning Administrator. . The Zoning Administrator '
v, shall give public notice of the public hearing by publishing a
1 ..,e; notice in a newspaper having general circulation in the
,r , : Mooresville area at least seven (7) days prior tb the date
established for the hearing. In addition, the applicant and all
abuttingproperty owners P p y shall be sent by first class mail a notice
'
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of the public hearing et least seven (7) days prior to the public , ,1
-",hearing, Notification of abutting property owners shall not be 1 i
required for any interpretation of a decision made by the Zoning , 1 I ,
I. .: Administrator. All,completed applications shall be submitted to
the Zoning Administrator at least fourteen (14) days prior to the
date.
at which the public hearing is to be held.
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-10.5.4 The concurrent vote of four-fifths (4/5) of the members of the
,
tio' 'i' t. ' ;4:' Board of Adjustment shall be necessary to reverse any order,
!, f. requirement, decision or determination of the administrative
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official, to approve any application for a variance or to permit a 1
change in a nonconforming use.
10.5.5 All Decisions of the Board of Adjustment shall be filed with the I 1
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Zoning Administrator arid a written copy thereof shall be delivered
to the applicant by first class mail.
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10.5.5 An application for a rehearing shall be made in the same manner tr
as provided for theloriainal hearing within a period of fifteen (15)
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days after the date of denial of the original application. in F 1
addition, specific information to enable the Board of Adjustment I 1
to determine whether or riot there has been a substantial chance
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in facts, evidence, or conditions in the case, shall be presented in
writing, or graphically. A rehearing shall be denied by the Board
,,1 ., of Adjustment if, in,its judgment, such change in facts, evidence
: ,,
,•r .,,,,,, _ ''',1., or conditions has not been proven. If in the event the Board of
.:`,'r ' - Adjustment finds that a rehearing is warranted, it shall thereupon 1
1
proceed in the same manner es in the original hearing, 1 :
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i,I,;[:, , i t , 10.5,7 Any order of the Board of Adjustment authorizing the issuance of , I
fit '''.1' , tW"''' •.' a variance or a change in a nonconforming use or structure shall
expire if a building permit, or certificate of occupancy is not
required, has not beer obtained within six (6) months of the
.
ii I k,. A-;4. ; Board of Adjustment's decision.
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4:' ',..''''' section 10,5 AszpgaLs From ti-Leian rd of Adjus_tmeat
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311:',i,Any.•,persion or persons, jointly or severally, aggrieved by a decision of the
• , ,I Board, or any taxpayer or officer of the Town of Mooresville or of the area of its I
4: r, ;:extraterritorial jurisdiction may, within thirty (30) days after the fling of the
,i !decision of the office of the Board, but riot thereafter, present to a court of
I ,
,o , i..competent jurisdiction a petition duly verified, setting forth that such decision is
illegal," in whole or in part, specifying the ground of illegality, whereupon such
, Lclecision of said Board shall be subject to review by certiorari as provided by law. 1 1
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Cfr ' 1 '' :
1 10-5
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