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Article 1: Administration <br /> Section 1.8: Board of Adjustment <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 1-15 <br /> <br />SECTION 1.8: BOARD OF ADJUSTMENT <br />1.8.1 Establishment <br />(A) The Orange County Board of Commissioners under the authority of §153A-345 <br />of the General Statutes of North Carolina, as amended, for the purposes and <br />advantages described herein creates a Board of Adjustment. <br />(B) The Board shall consist of five members and two alternates who shall be <br />residents of Orange County’s Planning Jurisdiction. Members shall serve without <br />compensation except for incidental expenses incurred in connection with official <br />duties as approved by the Board of County Commissioners. <br />(C) The Board of County Commissioners may by resolution establish rules related to <br />the requirements for volunteer service on the Board of Adjustment, including <br />appointment and removal of Board of Adjustment members, and rules of <br />procedure.The Board of Adjustment shall adopt and amend its rules of <br />procedures not inconsistent with the North Carolina General Statutes, this Unified <br />Development Ordinance and any other policies adopted by the Board of County <br />Commissioners. <br />1.8.2 Tenure and Membership <br />(A) The members shall be appointed by the Board of County Commissioners for <br />terms of three years. A member whose term has expired shall continue to serve <br />on the Board until his/her respective successor has been appointed and <br />qualified. <br />(B) Members’ terms shall be staggered so that all terms will not expire <br />simultaneously. <br />(C) In cases where an individual is appointed to serve the unexpired portion of a <br />Board member’s term, the appointment shall be for the time period of the <br />unexpired term only 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 <br />consecutive terms a member shall be ineligible for reappointment until one <br />calendar year has elapsed from the date of completion of the second term. <br />(E) An alternate member shall only vote in the absence of a regular member. <br />1.8.3 Duties <br />The Board of Adjustment shall have the following duties: <br />(A) Hear, review, and decide appeals of any order requirement, decision, orfinal and <br />binding determination made by the Planning Director in the performance of <br />official duties. <br />(B) Hear and decide applications for the approval of Class B Special Use permit <br />applications in accordance with the rules and conditions laid down in this <br />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 <br />Ordinance shall be construed to authorize the Board of Adjustment to permit a <br />use in a district where that 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 />Formatted: Indent: Left: 0.5" <br />Formatted: Indent: Left: 0.5" <br />Formatted: Indent: Left: 1" <br />Comment [JB1]: BOCC already established rules <br />for BOA but allows for the BOA to amend those <br />rules and doesn’t mention BOCC being able to <br />amend them. <br />Formatted: Indent: Left: 0.5" <br />Formatted: Indent: Left: 1" <br />Formatted: Indent: Left: 0.5" <br />Formatted: Indent: Left: 1" <br />Comment [JCB2]: Language more consistent <br />with statutory and case law <br /> 8