§ 701. Powers and duties of the board of adjustment.

[The board of adjustment shall have the following powers and duties:]

701.01 Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the administrative official in the enforcement of this ordinance.

701.02 Temporary uses. To hear and decide applications for temporary uses and structures as authorized in the ordinance for a purpose that does not otherwise conform to the permitted uses for the district in which such use is proposed to be located; provided that such use or structure shall be of a temporary nature and not involve the erection of permanent buildings. Such use or structure may be authorized by the issuance of a temporary, nontransferable use permit, revokable for cause, for a period not to exceed one year subject to renewal on an annual basis not to exceed three years and provided that at the termination of the period for which the temporary use permit is granted, no evidence shall remain of the temporary use. The procedure for hearing requests for the temporary use permits shall be the same as subsection 701.03 below.

701.03 Conditional uses. A conditional use is a use which, under the terms of this ordinance, is allowed on the property involved only after a petition for a permit for the use has been approved by the board of adjustment. Although conditional uses may be compatible with the permitted uses in a district and are often desirable, they may, nevertheless, have a detrimental effect upon adjacent properties, the neighborhood, or even the community if not properly designed and controlled. Therefore, approval is necessary to insure that conditional uses will not cause any problems or hazards and will be consistent with the intent of this ordinance.

An applicant for a conditional use permit for a lot(s), or any parcel of land whose use for such area had previously been approved by the board of adjustment, must go before the board of adjustment where a public hearing must be held by the board of adjustment as described by [subsection] 701.03(d).

a.

Purpose. To grant in particular cases and subject to appropriate conditions and safeguards permits for conditional uses as authorized by the zoning ordinance.

b.

Eligibility. Any person having a freehold interest in land, or possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest and which is specifically enforceable may file an application to use such land for one or more of the conditional uses provided for in this zoning ordinance in the zoning district in which the land is located.

c.

Application procedure. An application for a conditional use shall be filed with the zoning administrator on a form acceptable to the zoning administrator at least 15 days prior to the board of adjustment meeting at which such application is to be considered, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use will conform to the standards set forth in item [subsection] f. herein. Each application for a conditional use shall be accompanied by a fee (see county fee schedule) to defray the costs involved. Such applications shall be forwarded by the zoning administrator to the board of adjustment with a request for review for said applications and accompanying data.

d.

Hearing. Upon receipt in proper form of the written recommendations from the zoning administrator, the board of adjustment shall hold at least one public hearing on the proposed conditional use. Notice of such public hearing shall be given at least ten days prior to the hearing in a newspaper of general circulation in Halifax County and shall also be posted on the property in question.

e.

Authorization. For each application, as may be required, for a conditional use, the zoning administrator shall report to the board of adjustment his recommendations including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. If an application for a proposed conditional use is not approved by the board of adjustment within 90 days of the date upon which application is received by the board of adjustment, it shall be deemed to have been denied.

If at any time after a conditional use permit has been issued, the board of adjustment finds that the conditions imposed and agreements made have not been or are not being fulfilled by the holder of a conditional use permit, the permit shall immediately be revoked and the operation of such a use discontinued. Violations of such conditions, when made part of the terms under which the use permit is granted, shall be deemed a violation of the zoning ordinance and punishable under section 907 thereof. If a conditional use permit is terminated for any reason, it may be reinstated only after a public hearing is held.

f.

Standards. No conditional use shall be granted by the board of adjustment unless such board shall find that satisfactory provision and arrangement have been made concerning the following, where applicable:

1.

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;

2.

Offstreet parking and loading areas where required, with particular attention to the items in [subsection] 1. above and the economic, noise, glare, or odor effects of the conditional use on adjoining properties and properties generally in the district;

3.

Refuse and service area, with particular reference to the items in [subsections] 1. and 2. above;

4.

Utilities, with reference to locations, availability, and compatibility;

5.

Screening and buffering with reference to type, dimensions, and character;

6.

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;

7.

Required yards and other open space and preservation of existing trees and other attractive natural features of the land;

8.

General compatibility with adjacent properties and other property in the district.

(Ord. of 6-7-82; Ord. of 6-3-91; Ord. of 1-3-94, § 2)

701.04 Variances; conditions governing applications; procedures. To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, due to special conditions, a literal enforcement of the provisions of this ordinance would result in undue hardship. A variance from the terms of this ordinance shall not be granted by the board of adjustment unless and until:

a.

A written application for a variance is submitted demonstrating:

1.

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;

2.

That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance;

3.

That the special conditions and circumstances do not result from the actions of the applicant;

4.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district;

5.

No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

b.

Notice of public hearing shall be given as in subsection 701.03 above.

c.

The public hearing shall be held. Any party may appear in person or by agency or by attorney.

d.

The board of adjustment shall make findings as to whether requirements of article VII, section 701.03f. have been met by the applicant for a variance.

e.

The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will provide for the reasonable use of the land, building, or structure.

f.

The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable under article IX, section 907.

Under no circumstances shall the board of adjustment grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said district.

701.05 Decision of the board of adjustment. In exercising the abovementioned powers, the board of adjustment may so long as such action is in conformity with the terms of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, and to that end shall have powers of the administrative official from whom the appeal is taken.