HomeMy WebLinkAboutBOA Bylaws Amendments DRAFTHARNETT COUNTY
NORTH CAROLINA
BOARD OF ADJUSTMENT
BY-LAWS
ARTICLE I
NAME
The name of the Board hereby designated is the “Harnett County Board of Adjustment. It is hereinafter referred to as the “Harnett County Board of Adjustment”, the “Board of Adjustment”,
or the “Board”.
ARTICLE II
PURPOSE
The purpose of the Harnett County Board of Adjustment is to carry out the provisions of North Carolina General Statute 153A-345 160D-302 and the Zoning Unified Development Ordinance
for Harnett County, North Carolina.
ARTICLE III
MEMBERSHIP
The Harnett County Board of Adjustment shall consist of five members and three or more alternates six alternates. All Board of Adjustment members and alternates shall be residents of
Harnett County. Each County Commissioner District shall have at least one representative (Member or Alternate) whenever possible and except to the extent otherwise required by law,
on the Board of Adjustment.
Members and Alternates of the Board shall be appointed by the Harnett County Board of Commissioners to terms of office of three years and shall serve at the discretion of the Harnett
County Board of Commissioners. Members of the Board shall be limited to three consecutive terms, unless waived; however, may be reappointed after remaining off the Board for at least
one year. Alternates are not limited in the number of terms served. Alternates shall be designated as Alternate #1 and Alternate #2 and shall, when feasible, rotate service on the
Board.
ARTICLE IV
ORGANIZATION
The regular members of the Board shall elect among themselves two officers of the Board, a Chairman and a Vice-Chairman. The Chairman and Vice-Chairman of the Board shall be elected
in the following manner:
A) The Chairman and the Vice-Chairman shall be elected by the Board during its first meeting of the ninth month of each year.
B) A prospective Chairman or Vice-Chairman must have a minimum of one year experience on the Board.
C) The Chairman and Vice-Chairman shall serve terms of one year in their respective offices and shall be limited to two successive full terms.
The responsibilities of the Chairman and the Vice- Chairman shall be as follows:
A) The Chairman shall preside at meetings, direct that further study be done, or information gathered, administer oaths to witnesses, and conduct other appropriate
Board Activities as necessary.
B) The Vice-Chairman shall assume the responsibilities of the Chairman in his absence,
when the Chairman is temporarily unable to serve,
or as directed by the Chairman.
The Staff of the Harnett County Planning Department shall be the recording secretary to keep minutes of regular and special Board meetings.
ARTICLE V
RESPONSIBILITIES OF THE BOARD
The duties and responsibilities of the Board shall include:
A) The granting or denial of conditional special use permits based upon evidence and information gathered during the public hearing process and in compliance with the findings of
fact outlined in Article VII XII of the Zoning Unified Development Ordinance of Harnett County.
B) The granting or denial of variances based upon evidence and information gathered during the public hearing process and in compliance with the findings of fact outlined in Article
XII of the Zoning Unified Development Ordinance of Harnett County.
C) The hearing of appeals to orders, requirements, decisions, or determinations by the Zoning Administrator of Harnett County.
D) The Hearing of Conditional Special use permit violations where the conditions, stipulated on the permit, have not been met. The Board has the option of tabling the violations for
further investigation or revoking the conditional Special use permit.
E) The determination of the appropriate Zoning District for any use not specifically designated as a permitted or conditional Special use in any Zoning District.
F) The determination of exact Zoning District Boundary Lines when all other means of determination have been exhausted.
G) Any other responsibilities or duties assigned to the Board of Adjustment by the Harnett County Board of Commissioners not inconsistent with the North Carolina General Statutes.
ARTICLE VI
QUORUM AND VOTING
It shall be necessary for three of the members of the Board to be present and voting to establish a quorum; however, the Board shall not hear any question related to an appeal from
a decision, order, requirement, or determination of the Zoning Administrator or an application for a variance or a conditional use permit when fewer than four members are present.
The granting of variance and conditional use permits requires the affirmation vote of four-fifths of the Board. Four-fifths Simple majority vote of the Board is required to overturn
any order, requirement, decision, or determination of the Zoning Administrator