Zoning Board of Adjustment
Mission Statement
The Zoning Board of Adjustment shall exercise its statutory authority as granted by the General Statutes of North Carolina and by the Town of Cary Code of Ordinances and Land Development Ordinance, in an objective and timely manner to hear and decide appeals and requests for variances.
Life Span Statement
The Zoning Board of Adjustment is a standing board that meets only as needed, based on whether there any zoning appeals to come before the board. Board members will reexamine the board’s purpose every three years beginning in 2013.
The Zoning Board of Adjustment hears and decides appeals where it is alleged that there is an error in any order, requirement, permit, decision, determination, or refusal made by the planning inspector or other administrative officials in the carrying out or enforcement of any provisions of the zoning ordinance.
Membership
The Zoning Board of Adjustment consists of five members, one of whom the Town Council designates as Chairperson. Four members plus the alternate are appointed from within Cary's corporate limits, and one member is appointed from its extraterritorial jurisdiction (ETJ). For additional information, please see the Board of Adjustment Schedule and download an Application (PDF or HTML). All appointments to the board are for three-year terms, except where unexpired terms are being filled.
Goals/Work Plan
The Zoning Board of Adjustment shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with enforcement of the Land Development Ordinance ("LDO"); may, when practical difficulties or unnecessary hardship would result from carrying out the strict letter of the LDO, vary or modify the LDO as permitted by law; shall interpret zoning maps, district boundary lines, and similar questions as they arise as appeals from the Planning Director’s interpretation of the LDO; shall hear and decide appeals from any decision or order of the Minimum Housing Inspector; and shall have the review and decision-making responsibilities set forth in the LDO and such additional powers and duties as may be set forth for the Zoning Board of Adjustment elsewhere in the LDO and other ordinances of the Town.
Meetings
The board meets as follows on an as needed basis on the 2nd Monday of the month at 7 p.m.. During months where meetings are required, they are approximately two hours in length, and require approximately an hour or more to study materials and make site visits prior to the meetings. All meetings of the board shall be open to the public and will adhere to the Open Meetings Law and Public Records Law. The board holds quasi-judicial public hearings. Public notices will be prepared prior to any meeting of this commission. More information on this commission can be found in its annual report.
Questions regarding the Zoning Board of Adjustment should be directed to the Board's Secretary, Shelley Kirk, Planning Department by e-mail at shelley.kirk@townofcary.org or by phone at (919) 460-4936. ZBOA's Rules of Order are maintained by the Board's Secretary and required to be posted as per Policy Statement 150.
How do I Apply?
Applications are accepted each year from May 1 through June 30 for upcoming vacancies. Applicants applying for this board are required to complete a supplemental application. Current Town of Cary employees are not eligible to volunteer. Questions about the application process should be directed to the Town Clerk's Office by e-mail at karen.gray@townofcary.org or by phone at (919) 319-4508.
Current Membership Roster
Current Agenda
Minutes
Meetings (see the Town's Web calendar for a current list of meetings and notices)
Board Cases
2010 Board of Adjustment Cases
2009 Board of Adjustment Cases
2008 Board of Adjustment Cases
2007 Board of Adjustment Cases
2006 Board of Adjustment Cases
2005 Board of Adjustment Cases
