Board of Adjustment
The Board of Adjustment, unlike our other Advisory Boards, statutorily serves as a quasi-judicial body. Its purpose is to review and rule on permitted variances regarding zoning matters. Its members serve three-year terms.
The Board shall have six (6) regular members and three (3) alternates. Five regular members and two (2) alternates shall be citizens of the town appointed by the Town Council. One regular member and 1 alternate shall be residents of the extraterritorial area and shall be appointed by the County Commissioners in accordance with G.S. § 160A-362.
(B) (1) All appointments shall be for a period of 3 years, per G.S. § 160A-388, and shall commence on July 1 of the year of appointment.
(2) Vacancies shall be filled for the unexpired term only.
(C) All members of the Board shall have equal rights, privileges and duties with regards to all matters within the town and its extraterritorial area.
(D) Members of the Board may be removed for cause by the Town Council upon written charges and after public hearing.
(E) The members of the Board may be compensated according to a schedule adopted by the Town Council from time to time (§ 15.02.175).
Board of Adjustment Members
Rick Fisher - ETJ Alternate
Paige Ackiss - Alternate
* Extra-territorial Jurisdiction (ETJ) Representative
Powers and Duties of Board of Adjustment (§ 15.02.175)
POWERS AND DUTIES (§ 15.02.175)
The Board of Adjustment shall have the following powers and duties:
(A) Administrative review. To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, permit, decision, determination or refusal made by the Zoning Administrator or other city official, in the carrying out or enforcement of any provision of this chapter.
(B) Interpretation. To interpret the terms of this chapter and pass upon disputed questions of lot lines or district boundary lines and similar questions as arise in the administration of this chapter.
(C) Variance. To authorize upon appeal in specific cases variances or modifications from any of the regulations or provisions of this chapter relating to the use, construction, or alterations of buildings or structures or the use of land as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this chapter. A variance from the terms of this chapter shall not be granted by the Board unless and until the following findings are made:
(1) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other land, structures, or buildings in the same district;
(2) Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
(3) The special conditions and circumstances do not result from the actions of the applicant; and
(4) Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other land, structure or buildings in the same district.
(D) Special exception use permits. To hear and decide on application for special exception use permits based on special requirements of this chapter.
(E) Exceptions from the application requirements for Business District Areas zoned BD-PD in heavily trafficked areas. To hear and decide requests for exceptions from the design guidelines and performance standards required under § 15.02.048.