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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 requests for Special Use Permits (SUP) or Variances (VAR), Appeals of Administrative decisions, and Vested Rights Certificate/Determinations. These cases are Quasi-Judicial (QJ; 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 Noon unless otherwise noticed. These meetings are open to the public. Meeting agendas are available in the Agendas & Minutes section of this website.  Note that meetings are canceled when there is no business to proceed with.

Administrative Review

Persons with standing under North Carolina General Statute § 160D-405. Appeals of Administrative Decisions allows a person with standing to challenge the 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 Town 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 approve a Variance request 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 identify 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.