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Article 1: Administration <br />Section 1.8:Board of Adjustment <br />In preparation and adoption of a plan element, area plan or other similar document, the Board of <br />Commissioners shall ever be mindful of the need to balance the public interest with the needs of <br />private interests, particularly in the conservation of surface and underground water resources, soil <br />resources, and natural growth resources of the county and the efficient use of the renewable and <br />non-renewable sources of energy. <br />SECTION 1.8:BOARD OF ADJUSTMENT <br />1.8.1Establishment <br />(A)The Orange CountyBoard of Commissioners under the authority of Chapter 153A, Article <br />18, Part 1§ 153A-345of the General Statutes of North Carolina, as amended, for the <br />purposes and advantages described herein creates a Board of Adjustment. <br />(B)The Board shall consist of five members and two alternates who shall be residents of <br />Orange County’s Planning Jurisdiction. Members shall serve without compensation <br />except for incidental expenses incurred in connection with official duties as approved by <br />the Board of County Commissioners. <br />(C)The Board of County Commissioners may by resolution establish rules related to the <br />requirements for volunteer service on the Board of Adjustment, appointment and removal <br />of Board of Adjustment members, and rules of procedure. <br />1.8.2Tenure and Membership <br />(A)The members shall be appointed by the Board of County Commissioners for terms of <br />three years. A member whose term has expired shall continue to serve on the Board <br />until his/her respective successor has been appointed and qualified. <br />(B)Members’ terms shall be staggered so that all terms will not expire simultaneously. <br />(C)In cases where an individual is appointed to serve the unexpired portion of a Board <br />member’s term, the appointment shall be for the time period of the unexpired term only <br />and shall not be counted as a regular term for that member. <br />(D)A member may be appointed for a second successive term, but after two consecutive <br />terms a member shall be ineligible for reappointment until one calendar year has elapsed <br />from the date of completion of the second term. <br />(E)Analternate member shall only vote in the absence of a regular member. <br />1.8.3Duties <br />The Board of Adjustment shall have the following duties: <br />(A)Hear, review, and decide appeals of any order requirement, decision, or determination <br />made by the Planning Directorin the performance of official duties. <br />(B)Hear and decide applications for the approval of Class B Special Use permit applications <br />in accordance with the rules and conditions laid down in this Ordinance. <br />(C)Hear and decide appeals for variances from the dimensional regulations of this <br />Ordinance in accordance with provisions detailed herein. Nothing in this Ordinance shall <br />be construed to authorize the Board of Adjustment to permit a use in a district where that <br />use is neither a Permitted Use nor a Special Use. <br />(D)Pass upon, decide or determine such other matters as may be required by this <br />Ordinance. <br />1.8.4Rules of Procedure <br />The Board shall adopt Rules of Procedure and Regulations for the conduct of its affairs. The rules <br />shall be maintained in the office of the Planning Director. Except as otherwise expressly stated in <br />this Ordinance, the rules adopted by the Board of Adjustment shall provide for: <br />Orange County, North Carolina –Unified Development Ordinance <br />Page 1-14 <br /> <br />