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Article 2: Administration
Section 2.2. Review Authorities
2.2.2. Board of Adjustment
Morrisville, NC
June 23, 2017
Unified Development Ordinance
Page 2-5
c.
To assist the Planning Director and Town Engineer in interpreting the provisions of this Ordinance
in accordance with
Article 11: Interpretation and Definitions;d.
To assist in enforcing this Ordinance and in prosecuting actions against violators in accordance
with
Article 10: Enforcement;and
e.
To counsel the Town Council, Planning and Zoning Board, Board of Adjustment, Planning
Director, Town Engineer, and Town departments in the review of development applications and
the general implementation of this Ordinance.
2.2.2.
Board of Adjustment
A.
Establishment
The Board of Adjustment is hereby established in accordance with state law.
B.
Powers and Duties
Review of Development Applications
The Board of Adjustment shall have the review, recommendation, and decision-making authority
and responsibilities shown in Tabl
e 2.3, Summary Table of Development Review Procedures.Other Powers and Duties
The Board of Adjustment shall have any other powers and duties delegated to it by the Town
Council, consistent with state law.
C.
Membership, Appointment, and Terms of Office
Membership and Appointment
a.
The Board of Adjustment shall consist of five regular voting members and two alternate
members.
b.
Four of the regular members shall be residents of the Town’s incorporated area and shall be
appointed by the Town Council.
c.
One regular member shall be a resident of the Town’s extraterritorial jurisdiction (ETJ) and
shall be appointed by the Wake County Board of Commissioners.
d.
The two alternate members shall be residents of either the Town’s incorporated area or its
extraterritorial jurisdiction, and shall be appointed by the Town Council.
(Ord. No. 2016-001, 05/10/2016)
Alternate Members
The Chair of the Board of Adjustment shall assign an alternate member to serve as a substitute for
a regular member who is temporarily absent or disqualified. When substituting for a regular
member, an alternate member shall have the same powers and duties as the replaced regular
member.
Terms
a.
Members of the Board of Adjustment shall be appointed for three-year terms that are
staggered such that the terms of not more than three regular members and two alternate
members expire in a given year. Board members may be appointed to successive terms without
limitation.
b.
Vacancies occurring for reasons other than expiration of the term shall be filled for the period
of the unexpired term only, and by the body (Town Council or Wake County Board of
Commissioners) that appointed the vacating member.