42-304. Henderson County Zoning Board of Adjustment

  1. Powers and Duties Pursuant to This Chapter. Without limiting any authority granted to the Zoning Board of Adjustment by law or by regulations, the Zoning Board of Adjustment shall have the following powers and duties with respect to this Chapter, to be carried out in accordance with the terms of this Chapter:
    1. Text Amendments. To initiate text amendments to this Chapter by adopted motion and submittal to the Planning Director.
    2. Map Amendments. To initiate map amendments to the Official Zoning Map by adopted motion.
    3. Flood Damage Prevention Board. To serve as the Flood Damage Prevention Board.
    4. Water Quality Board. To serve as the Water Quality Board.
    5. Administrative Review. To hear and decide appeals where it is alleged there is error in an order, requirement, decision, determination or interpretation made by an Administrator in the enforcement of this Chapter.
    6. Communication Facility Permits. To review and approve the granting of a communication facility permit by the Communication Facilities Administrator for any category three (3) communication facility;
    7. Special Use Permits. To grant special use permits as authorized by this Chapter;
    8. Temporary Use Permits. To grant temporary use permits referred by the Zoning Administrator and as authorized by this Chapter.
    9. Variances. To hear and decide applications for approval of zoning variances from the terms of this Chapter, in accordance with the procedures and standards set forth in §42-366 (Variances).
    10. Vested Rights. To grant vested rights as authorized by this Chapter.
    11. Additional Powers and Duties. Such additional powers and duties as may be set forth for the Zoning Board of Adjustment elsewhere in this Article and in other laws and regulations.
  2. Membership. Five (5) regular members and five (5) alternate members appointed by the Board of Commissioners. Members shall be citizens of Henderson County and shall serve without pay. Alternative members may serve on individual matters based on a regular member’s temporary disqualification. Vacant seats and disqualified members are not considered in calculating a 4/5 vote or majority vote if there are no qualified alternates.
  3. Terms. Overlapping terms of three (3) years.
  4. Vacancies. Any vacancy shall be filled for the unexpired term in the same manner as the initial appointment.
  5. Officers. The Zoning Board of Adjustment shall elect a Chair and Vice-Chair from its members, who shall serve for one (1) year or until reelected or until their successors are elected. The Zoning Board of Adjustment shall appoint a secretary, who may be a County officer, an employee of the County or a member of the Zoning Board of Adjustment.
  6. Rules. The Zoning Board of Adjustment shall adopt rules and bylaws in accordance with the provisions of this Chapter, NCGS §160D-302 and the Zoning Board of Adjustment Rules of Procedure.
  7. Meetings. Meetings of the Zoning Board of Adjustment shall be held at the call of the Chair (or in his/her absence, the Vice-Chair) and at such other times as the Zoning Board of Adjustment may determine. The Chair (or in his/her absence, the Vice-Chair) may administer oaths and compel the attendance of witnesses by subpoena. All meetings or hearings of the Zoning Board of Adjustment shall be open to the public.
  8.  Decisions. The concurring vote of at least four of the five members (or four-fifths (4/5)) of the panel of the Zoning Board of Adjustment (ZBA) hearing the matter shall be necessary to grant a variance.  A majority of the panel of ZBA shall be required to decide any other quasi-judicial matter which it is required to pass under this Chapter. On all appeals, applications and other matters brought before the ZBA, said Board shall inform those making appeal or application of its decisions and the reasons therefore. Such notification shall be in writing.
  9. Records. The Zoning Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact. Final disposition of appeals shall be by order indicating the reasons of the Zoning Board of Adjustment therefore, all of which shall be a public record.