§ 58-231. Board of adjustment powers, duties and procedure.

(a)

Establishment and duties. A board of adjustment is hereby established which shall have all the powers and duties as authorized by G.S. 160A-388, and as otherwise provided for in this chapter. Generally, such powers and duties shall include, but not be restricted to the following:

(1)

Hearing and deciding all appeals from decisions, citations (with and without civil penalties), orders, requirements or other determinations made by the zoning administrator.

(2)

Hearing and deciding appeals that require interpretation of this chapter.

(3)

Hearing and granting variances from the provisions of this chapter.

(b)

Composition. The board of adjustment shall consist of five regular members who are residents of the town and shall be appointed by the town council. In addition, two alternate members shall serve on the board of adjustment, both residents of the town, and shall be appointed by the town council. Alternate members shall serve in the absence for any cause of any regular member. Initial appointment of the regular members shall be as follows: Three regular members and one alternate member appointed by the town council for terms to expire on December 31, 1987, and two regular members and one alternate member appointed by the town council for terms to expire on December 31, 1989. Thereafter, all members and alternate members shall be appointed by the town council for terms to correspond with planning board terms set out in article II of chapter 38. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. Members shall serve without pay but may be reimbursed for any expenses incurred while representing the board. Such alternate member while attending any regular or special meeting of the board of adjustment and serving in the absence of any regular member shall have and may exercise all the powers and duties of such regular members.

(c)

Jurisdiction. Each member of the board of adjustment shall have equal rights, privileges and duties in all matters coming under the board's purview.

(Ord. No. O-2010-08, 6-14-2010)