Unified Development Ordinance, 4th supplement, September 2017

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 10 – 3 Effective Date: September 01, 2013 Supp. No. 4 Article 10.1. Review Bodies | CHAPTER 10. ADMINISTRATION Sec. 10.1.3. Board of Adjustment members shall reside within the corporate limits of the City. They shall be appointed by the City Council for terms of 2 years. b. One of the regular members and one of the alternate members shall reside outside the corporate limits of the City but within the limits of the extraterritorial jurisdiction of the City. They shall be appointed by the Chairman and Board of Commissioners ofWake County. c. Vacancies on the Board of Adjustment will be filled in the same manner and by the same governing body as the original appointment. d. An alternate member whose place of residence is within the City’s corporate limits may vote on the Board of Adjustment only in the absence of a regular member residing within the City's corporate limits or the inability of the regular member to vote. e. The alternate member from the extraterritorial jurisdiction may vote only in the absence of the Board of Adjustment regular member from the extraterritorial jurisdiction or the inability of the regular member to vote. f. When serving on the Board of Adjustment, alternate members have the same powers and responsibility as the regular members they are replacing. 3. Vote Required and Jurisdiction The concurring vote of 4/5 of the members of the Board of Adjustment is necessary to approve a variance request. All other matters may be approved by an affirmative vote of a simple majority. 4. Rules of Procedures a. The Board of Adjustment shall establish its own rules of procedure, subject to approval by the City Council. b. The rules of procedure shall at minimum provide for selection of officers of the Board of Adjustment, responsibilities of Board of Adjustment members, order for the conduct of quasi-judicial public hearings and times for filing appeals and holding public hearings. c. The rules, regulations, minutes and actions of the Board of Adjustment shall be maintained at the office of the City Clerk. B. Specific Approval Authority The Board of Adjustment is responsible for final action regarding: 1. Special use permits; 2. Variances; 3. Subdivision waivers; 4. Appeals from administrative decisions; and 5. Appeals in the nature of certiorari of Historic Development Commission decisions granting or denying certificates of appropriateness.

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