Board of Adjustment

Purpose

Article 2 of the Town's Unified Development Ordinance (UDO) 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 and require public hearings and sworn testimony.

Administrative Review

Persons with standing under North Carolina G.S. 160A-393(d) may challenge decisions of Town officials enforcing the UDO 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.

Variances

The BOA may allow a variance when strict interpretation of the UDO creates a hardship for a specific property. UDO Article 2 identifies the precise circumstances under which the BOA may grant a variance.

Map Interpretation

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

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).