Board of Adjustment

What is the Board of Adjustment (BOA)?

The Board of Adjustment is a group of citizens who handle problems that arise from enforcement of the Unified Development Ordinance on individual properties. The Board consists of seven members who are appointed by the Board of Commissioners: five regular members, and two alternates. Their duties and meetings are similar to that of a court in that they take sworn testimony and decide cases based on the facts presented to them. The laws of North Carolina give counties the power to create a Board of Adjustment if certain guidelines are followed. Currituck took advantage of this opportunity and created the Board, thus allowing citizens a means to seek relief from the Unified Development Ordinance standards and hardship cases without having to go to court. Decisions of the Board of Adjustment may, however, be appealed to Superior Court.

What is a Conditional Use Permit (CUP)?

A Conditional Use Permit is a permit which allows a person to use his land in a way which is not permitted "by right" in the zoning ordinance. It may be granted by the Board only after conditions stated in the zoning ordinance are met. The purpose of these conditions are to ensure that the "conditional use" will not be detrimental to the neighborhood or the County as a whole. The reason for requiring a conditional use is that some uses of land may have harmful effects or be desirable only in certain zoning districts. Often service stations, day care facilities, and home occupations fall into this category. Currituck County's zoning ordinance specifies where each of these uses are permitted and provides conditions to be met before a permit can be issued. If the Board feels additional safeguards are necessary for the protection of the neighborhood or the County, they may add reasonable conditions to the permit. In order to obtain a Conditional Use Permit, 4 of 5 voting Board members must agree the applicant meets the 5 criteria listed below.

Criteria of a Conditional Use Permit:

1. Will not endanger the public health or safety
2. Will not injure the value of abutting or adjoining property
3. Will be in harmony with the area in which it is located
4. Will be in conformity with the Land Use Plan, or other plan officially adopted by the Board of Commissioners
5. Will not exceed the county's ability to provide adequate public facilities, including, but not limited to, schools, fire and rescue, law enforcement and other county facilities.

The Board of Adjustment consists of five (5) regular members and two (2) alternates, all appointed by the Board of Commissioners. One (1) regular member resides in each of the county's four (4) Townships: Moyock, Crawford, Poplar Branch, and Fruitville. The remaining regular member is designated as an at-large appointee. The at-large appointee and both alternates must reside within the County. The Board of Adjustment hears and decides upon:

• appeals from any order, decision, requirement, or interpretation made by the Administrator, as provided in the UDO;

• applications for conditional use permits, as provided in the UDO;

• applications for variances, as provided in the UDO;

• questions involving interpretations of the zoning atlas, including disputed district boundary lines and lot lines, as provided in the UDO; or,

• any other matter the board is required to act upon by any other county ordinance.

What is a variance?

A variance is a permit that allows a property owner to reduce or change dimensional requirements (example: setbacks) established in the zoning ordinance. Variances may be granted only if there is a physical peculiarity on a property owner's parcel which would prevent him from making reasonable use of this land if he were to comply with the zoning ordinance regulations. Before the Board of Adjustment can grant a variance, they must find that all of the following are true:

1. If the applicant complies strictly with the provisions of the Unified Development Ordinance, he can  make no reasonable use of his property.
2. The hardship of which the applicant complains is one suffered by the applicant, rather than by neighbors or the general public.
3. The hardship relates to the applicant's land, rather than personal circumstances.
4. The hardship is unique, or nearly so, rather than one shared by many surrounding properties.
5. The hardship is not the result of the applicant's own actions.
6. The variance will neither result in the extension of a non-conforming situation in violation of the UDO, nor authorize the initiation of a non-conforming use of land.

What is an appeal/interpretation?

An appeal is made by an individual who disagrees with any final order or decision of the Administrator. A written notice specifying the grounds for an appeal are submitted to the Planning and Inspections Department and filed with the Zoning Administrator and the Board of Adjustment.

An interpretation is when the Board of Adjustment is authorized to interpret the zoning atlas, pass upon disputed questions of lot lines, district boundary lines and other similar questions.

Requirements for an Appeal or Interpretation:

1. Interpreting the meaning of parts of the Unified Development Ordinance that are unclear.
2. Applying the Unified Development Ordinance to particular factual situations.
3. Correcting any mistakes or abuses of discretion that an Administrator in the Planning and Inspections Department may have made in administering the Unified Development Ordinance.

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Click here for Board of Adjustment Submittal Dates.

Click here for a  Fee Schedule.

Click here for a Special/Conditional Use Permit Application.

Click here for a Variance Application.

Click here for an Appeal/Interpretation Application.