Board of Adjustment

The Board of Adjustment hears appeals of decisions, variance requests, and special use permit requests.

Variance Requests

North Carolina General Statute 160A-388 (d) states “when practical difficulties or unnecessary hardships would result from carrying out the strict letter of a zoning ordinance, the Board of Adjustment may, in passing upon appeals, vary or modify any regulation or provision of the ordinance relating to the use, construction, or alteration of buildings or structure or the use of land, so that the spirit of the ordinance is observed, public safety and welfare secured, and substantial justice done.” 

If the Board of Adjustment discovers that a particular provision of the ordinance is causing difficulties or hardships throughout a community or area, it should recommend to the governing body that the ordinance be amended or the property rezoned. The Board of Adjustment is not a legislative body and, therefore, has no power to rewrite the ordinance. The power of variances is to be sparingly exercised and only in rare instances and under exceptional circumstances peculiar in their nature and with due regard to the main purpose of a zoning ordinance to preserve the property rights of others.

Special Use Permits

Special Use Permits are required when property is used in a way that deviates from the current zoning of the individual property. 

Appeals of Decisions 

North Carolina General Statute 160A-388 (b) states “the Board of Adjustment shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of any ordinance adopted.”

The applicant must file an Appeal of Decision Application requesting a hearing with the Planning and Inspections Department Director within 30 days after the Inspector's ruling. Click above to print the application package.

Please contact the Planning and Inspections Department with any questions or to receive an application package. 

Variance Standards: What is hardship? And when is it unnecessary?  Coates-Canons