Unified Development Ordinance

Sec. 10.1.3. Board of Adjustment

Sec. 10.1.3. Board of Adjustment aaron.sheppard… Wed, 05/24/2023 - 09:21
  1. In General
    1. Establishment
      The Board of Adjustment is established and may exercise any and all powers prescribed by North Carolina general and local law, including the City Charter, and as described in this UDO and in the City Code, and perform duties as lawfully directed by the City Council.
    2. Composition
      1. The Board of Adjustment shall consist of 5 regular members and 3 alternate members. Four of the regular members and 2 of the alternate members shall reside within the corporate limits of the City. They shall be appointed by the City Council for terms of 2 years.
      2. One of the regular members and one of the alternate members shall reside outside the corporate limits of the City but within the limits of the extraterritorial jurisdiction of the City. They shall be appointed by the Chairman and Board of Commissioners of Wake County.
      3. Vacancies on the Board of Adjustment will be filled in the same manner and by the same governing body as the original appointment.
      4. An alternate member whose place of residence is within the City’s corporate limits may vote on the Board of Adjustment only in the absence of a regular member residing within the City's corporate limits or the inability of the regular member to vote.
      5. The alternate member from the extraterritorial jurisdiction may vote only in the absence of the Board of Adjustment regular member from the extraterritorial jurisdiction or the inability of the regular member to vote.
      6. When serving on the Board of Adjustment, alternate members have the same powers and responsibility as the regular members they are replacing.
    3. Vote Required and Jurisdiction
      The concurring vote of 4/5 of the members of the Board of Adjustment is necessary to approve a variance request. All other matters may be approved by an affirmative vote of a simple majority.
    4. Rules of Procedures
      1. The Board of Adjustment shall establish its own rules of procedure, subject to approval by the City Council.
      2. The rules of procedure shall at minimum provide for selection of officers of the Board of Adjustment, responsibilities of Board of Adjustment members, order for the conduct of quasi-judicial public hearings and times for filing appeals and holding public hearings.
      3. The rules, regulations, minutes and actions of the Board of Adjustment shall be maintained at the office of the City Clerk.
  2. Specific Approval Authority
    The Board of Adjustment is responsible for final action regarding:
    1. Special use permits;
    2. Variances;
    3. Appeals from administrative decisions; and
    4. Appeals from decisions or orders related to minimum housing code standards pursuant to the terms of Section 11.6.11.