HomeMy WebLinkAboutC.054.93011_0249 (2)(d) The chairman of the board of adjustment shall fix a reasonable time for the hearing of
the appeal and cause public notice to be given together with notice to the parties in interest.
The board of adjustment shall decide the appeal within a reasonable time. At the hearing, any
party may appear in person or by agent or by attorney. All witnesses will be sworn and a
record of the proceedings shall be kept.
(e) The board of adjustment may, in conformity with the provisions of this ordinance,
reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination
appealed from and may make such order, requirement, decision or determination as ought to
be made, and to that end shall have all the powers of the administrative agency from which
the appeal is taken.
(f) Before the board of adjustment considers a variance request or hears an appeal from
any order, requirement, decision or determination made under the provisions of this ordinance,
the Statesville Airport Commission shall be given an opportunity to make recommendations
with respect to the variance or appeal.
(g) The board of adjustment shall make written findings of fact and conclusions of law,
giving the facts upon which it acted and its legal conclusions from such facts, in reversing,
affirming or modifying any order, requirement, decision or determination which comes before it
under the provisions of this ordinance.
(h) The concurring vote of four-fifths of the members of the board of adjustment shall be
necessary to reverse any order, requirement, decision or determination of the zoning
administrator, or to decide in favor of the applicant on any matter upon which it is required to
pass under this ordinance.
Section 113. Judicial review.
Any person, any taxpayer or any officer, department, board or bureau of the county aggrieved by
any decision of the board of adjustment, may petition for a writ of certiorari to the superior court as
provided in G.S. 63-34.
Section 114. Enforcement and remedies.
Each violation of any regulations, order, or ruling made pursuant to this ordinance shall constitute
a Class 3 misdemeanor. Each day a violation continues to exist shall constitute a separate
offense. In addition, the county may institute in any court of competent jurisdiction, an action to
prevent, restrain, correct or abate any violation of this ordinance or of any order or ruling made in
connection with its administration or enforcement. The court shall provide relief, by injunction or
otherwise in order to fully effectuate the purposes of this ordinance and orders and rulings made
pursuant thereto.
Section 115. Adoption.
Duly adopted by the Board of Commissioners of the County of Iredell, North Carolina, this the 4th
day of May 2004.
Chairman Johnson declared the meeting to be in a public hearing.
Proposed Amendment to the Iredell County Zoning Ordinance; Section 8.3
(Table of Permitted Uses and Special Uses) — Sewage Treatment Plants Permitted as
a Special Use in the Residential Agricultural (RA) Zoning District: Planner Emily
Jackson said a request had been received from Mrs. J.L. Power to amend the zoning
ordinance to require a special use permit for non-governmental public sewage treatment
plants in the RA zoning district. Jackson said currently, the zoning ordinance did not
require special use permits for this type of district. She said the staff had reviewed the
request, along with the ordinances of other jurisdictions, and it was discovered that other
counties required a special use permit for this type of facility. Jackson said the planning
board, on April 7, 2004, unanimously voted in favor of the request.
Chairman Johnson said he understood that a special use permit was required to
establish these types of facilities in every residential classification except the RA district.
Jackson said this was correct.