What is the Board of Adjustment?
The Board of Adjustment is a “quasi-judicial” board, created by ordinance, whose responsibility is to hear appeals from decisions of the zoning administrator and to consider requests for variances from the terms of the zoning ordinance. Members are citizens appointed by the Board of Aldermen. There are Meetings are conducted in the 1st Floor Conference Room on the third Thursday of the month.
The term “quasi-judicial” is used because the Board’s power is above that of the code enforcement officers, but below that of the courts. The Board exists because it is the most effective method of maintaining a zoning ordinance that meets the needs of the community and addresses hardship in individual cases. The Board serves to interpret the town ordinances and policies for unique situations or special cases. If the Board did not exist, each of these individual cases could go before a court of law as a suit or before the Board of Aldermen as a request for a change to the town ordinance. These options are expensive and time consuming. The Board of Adjustment provides the Town and its citizens a process of dealing with exceptions without legal action or without changes to the zoning ordinance.
What can the Board of Adjustment do?
The Board has the power to decide:
·Variances, which the Board may grant in certain situations, that enables a property owner to make use of the property in some way that conflicts with the literal provisions of the zoning ordinance. Property owners who feel that practical or unnecessary hardships exist on their property by or because of the zoning ordinance may petition the Board. An approving vote by four of five members is necessary to approve a petition. A variance shall not be granted unless and until the Board finds:
1. That special conditions exist which are peculiar to the property involved and which are not applicable to others properties in the same district.
2. That the literal provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by others in the same district under the terms of the ordinance.
3. That the special conditions do not result from the actions of the applicant.
4. That granting the variance will not confer on the applicant any special privilege denied to others in the same district.
·Appeals. The Board is given the responsibility of correcting any mistakes or abuses of discretion made by the code enforcement officers. In this process, it is important to note that the Board does not have the power to change the ordinance and is limited to interpretation of the ordinance. Its decisions are based on what the Board believes to be the actual meaning and intent of the ordinance.
What are the steps for filing a petition?
Determine the current zoning classification on the property, see the Official Zoning Map.
Determine the uses allowed and standards required for the current zone, (see Chapter 7 of the North Topsail Beach Code of Ordinances ). For a variance, decide if you believe a hardship exists on your property by or because of the zoning ordinance.
The next recommended step is to schedule a meeting with the Planning Department. This optional meeting with the Planning Staff will outline the aspects of your petition, discuss the hardships, and give you a better idea of how to proceed.
Request a Board of Adjustment Variance Application and attachments, if applicable, from the Planning Department.
Return the completed application and application fee. Please make sure that all requested information is provided. Before filing, each petitioner has the option to meet with the Planning Department and discuss the details of the proposed petition. When the petition is filed a $350.00 fee plus $150 deposit is charged to cover the cost of advertisement, administration and transcription services. After the petition is checked for completeness, a public hearing with the Board of Adjustment is scheduled based upon a pre-arranged schedule. Board of Adjustment Schedules are available from the Planning Department. The Board of Adjustment usually meets on the third Thursday of each month.