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Board of Adjustment

Purpose

Section 2.1.3. of the Town's Land Development Ordinance (LDO) establishes the Board of Adjustment (BOA). The Board of Adjustment (BOA) hears and decides variance cases and appeals of interpretation. These cases are quasi-judicial in nature (court like) and require evidentiary hearings and sworn testimony. The Board of Adjustment meets the second Tuesday of each month at the Rolesville Town Hall at 12:00 p.m. unless otherwise noticed. These meetings are open to the public. Meeting agendas are available in the Agendas & Minutes section of this website. 

Administrative Review

Persons with standing under North Carolina General Statute § 160D-405. Appeals of administrative decisions Appeals of administrative decisions may challenge decisions of Town officials enforcing the LDO by filing an appeal with the Town Clerk. The BOA has the authority to uphold or overrule the official's decision. Actions subject to appeals can include notices of violation, zoning interpretations, subdivision cases, etc.

Map Interpretation

Persons with standing may also challenge interpretations of the Town's adopted zoning map. The BOA hears and decides these appeals.

Variances 

 The BOA may allow a variance when strict interpretation of the LDO creates a hardship for a specific property. NC General Statute § 160D-406. Quasi-judicial procedure and NC General Statute § 160D-705. Quasi-judicial zoning decisions identifies the precise circumstances under which the BOA may grant a variance.

 

Composition and Appointment

The Town Board of Commissioners appoints five members to the BOA. Three must reside in the Town's corporate limits, and two must live in the Town's extraterritorial jurisdiction (ETJ). All members serve a three-year term, with the option to apply to serve a second consecutive term if approved by the Town Board of Commissioners. If interested in serving on the Board of Adjustment, please fill out the Advisory Board Application.

 

NamePositionJurisdictionCurrent Term End
Michael BaileyChair Extraterritorial Jurisdiction (ETJ) 12/31/2023
Melissa ElliottVice-Chair In-Town 12/31/2023
George DrewettMember In-Town 12/31/2023