GENERAL ASSEMBLY OF NORTH CAROLINA
1989 SESSION
CHAPTER 220
AN ACT TO AMEND THE CHARTER OF THE CITY OF CHARLOTTE WITH RESPECT TO THE ZONING BOARD OF ADJUSTMENT.
The General Assembly of North Carolina enacts:
Section 1. Section 6.184 of the Charter of the City of Charlotte, being Chapter 713 of the 1965 Session Laws, reads as rewritten:
"Section 6.184. Zoning Board of Adjustment. If
t The City Council should adopt a zoning ordinance covering the
perimeter area, as authorized by law, the City Council shall create a Zoning may
provide for the appointment of a Board of Adjustment whose consisting
of five members shall be appointed as follows: Five members shall
be appointed by the City Council and shall be citizens and residents of the
City of Charlotte; five members shall be appointed by the Mecklenburg County
Board of Commissioners and shall be citizens and residents of the perimeter
area. and three alternate members. Three of the members and two of
the alternate members shall be appointed by the City Council and two members
and one alternate member shall be appointed by the Mayor. Alternate
members to serve on the Board in the absence of regular members will be
appointed in the same manner and for the same term as regular members.
While serving on the Board, alternate members will have the same powers and
responsibilities as a regular member. Members shall be appointed for a
term of three years and no member shall serve more than two full consecutive
terms. Such The Board of Adjustment shall have and
exercise all of the powers, duties, and functions enumerated in Section 160-178
160A-388 of the General Statutes as the same are now or may
hereafter be amended ; provided, however, that a majority vote of the
members of the Board shall be necessary to reverse any order, requirement,
decision or determination of any administrative official charged with
enforcement of the zoning ordinance or to decide in favor of the applicant any
matter upon which it is required to pass under any ordinance or to effect any
variation from the provisions of the ordinance. Members shall be
appointed for terms of three years and until their respective successors have
been appointed and qualified; provided, that the initial appointees may be
appointed to shorter terms of varying duration, to the end that the terms of no
more than four members shall expire in any one year. There shall be a
quorum of five members for the purpose of hearing cases. The concurring
vote of four-fifths of the members present for the hearing of any case shall be
necessary in order (a) to reverse any order, requirement, decision or
determination of any administrative official charged with enforcement of the
zoning ordinance or (b) to decide in favor of the applicant any matter upon
which it is required to pass under any such ordinance or (c) to effect any
variation in such ordinance."
Sec. 2. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 5th day of June, 1989.