State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_63 > GS_63-33

§63‑33.  Procedure.

(a)        Adoption of ZoningRegulations. – No airport zoning regulations shall be adopted, amended, orchanged under this Article except by action of the legislative body of thepolitical subdivision in question, or the joint board provided for in G.S. 63‑31,subsection (c), after a public hearing in relation thereto, at which parties ininterest and citizens shall have an opportunity to be heard. At least 10 days'notice of the hearing shall be published in an official paper, or a paper of generalcirculation, in the political subdivision or subdivisions in which the airportis located.

(b)        Administration ofZoning Regulations – Administrative Agency. – The legislative body of anypolitical subdivision adopting airport zoning regulations under this Articlemay delegate the duty of administering and enforcing such regulations to anyadministrative agency under its jurisdiction, or may create a newadministrative agency to perform such duty, but such administrative agencyshall not be or include any member of the board of appeals. The duties of suchadministrative agency shall include that of hearing and deciding all permitsunder G.S. 63‑32, subsection (a), but such agency shall not have orexercise any of the powers delegated to the board of appeals.

(c)        Administration ofAirport Zoning Regulations – Board of Appeals. – Airport zoning regulationsadopted under this Article shall provide for a board of appeals to have andexercise the following powers:

(1)        To hear and decideappeals from any order, requirement, decision, or determination made by theadministrative agency in the enforcement of this Article or of any ordinanceadopted pursuant thereto;

(2)        To hear and decidespecial exceptions to the terms of the ordinance upon which such board may berequired to pass under such ordinance;

(3)        To hear and decidespecific variances under G.S. 63‑32, subsection (b).

Where a zoning board ofappeals or adjustment already exists, it  may be appointed as the board ofappeals. Otherwise, the board of appeals shall consist of five members, each tobe appointed for a term of three years and to be removable for cause by theappointing authority upon written charges and after public hearing.

The board shall adopt rules inaccordance with the provisions of any ordinance adopted under this Article.Meetings of the board shall be held at the call of the chairman and at suchother times as the board may determine. The chairman, or in his absence theacting chairman, may administer oaths and compel the attendance of witnesses.All meetings of the board shall be public. The board shall keep minutes of itsproceedings, showing the vote of each member upon each question, or, if absentor failing to vote, indicating such fact, and shall keep records of itsexaminations and other official actions, all of which shall immediately befiled in the office of the board and shall be a public record.

Appeals to the board may betaken by any person aggrieved, or by any officer, department, board, or bureauof the political subdivision affected, by any decision of the administrativeagency. An appeal must be taken within a reasonable time, as provided by therules of the board, by filing with the agency from which the appeal is takenand with the board, a notice of appeal specifying the grounds thereof. Theagency from which the appeal is taken shall forthwith transmit to the board allthe papers constituting the record upon which the action appealed from wastaken.

An appeal shall stay allproceedings in furtherance of the action appealed from, unless the agency fromwhich the appeal is taken certifies to the board, after the notice of appealhas been filed with it, that by reason of the facts stated in the certificate astay would, in its opinion, cause imminent peril to life or property. In suchcase proceedings shall not be stayed otherwise than by a restraining orderwhich may be granted by the board or by a court of record on application onnotice to the agency from which the appeal is taken and on due cause shown.

The board shall fix areasonable time for the hearing of the appeal, give public notice and duenotice to the parties in interest, and decide the same within a reasonabletime. Upon the hearing any party may appear in person or by agent or byattorney.

The board may, in conformitywith the provisions of this Article, reverse or affirm, wholly or partly, ormodify, the order, requirement, decision or determination appealed from and maymake such order, requirement, decision or determination as ought to be made,and to that end shall have all the powers of the administrative agency fromwhich the appeal is taken.

The concurring vote of amajority of the members of the board shall be sufficient to reverse any order,requirement, decision, or determination of the administrative agency, or todecide in favor of the applicant on any matter upon which it is required topass under any such ordinance, or to effect any variation in such ordinance. (1941,c. 250, s. 5; 1981, c. 891, s. 11.)