Board of Adjustment
Process Overview
The basic steps for a BOA application are as follows:
- A pre-submittal conference with staff – required prior to submittal of an application, except for Appeals
- Application submittal and subsequent departmental review
- Quasi-judicial public hearing with the BOA
The BOA hears requests for Minor Special Use Permits, Variances and Appeals (see Articles 2 and 3 of the Unified Development Ordinance (UDO)). The application calendar indicates a “best-case” timeline for an application, but may take longer if coordinated with a site plan or other applications. If a BOA application is coordinated with a site plan review application, the pre-submittal conference should be, but not required to be, scheduled prior to submitting a site plan for review. Typically, BOA applications are scheduled with the BOA only when the associated site plan has received a recommendation from the Development Review Board. Subsequently, if the BOA grants the request, the site plan will be forwarded to the appropriate approving authority for final approval.
Pre-submittal Conference: Except for Appeals, this is required prior to submittal of an application. This is a free meeting, the purpose of which to discuss potential issues with the proposal and to ensure that the applicant understands the application materials and process. A registration form must be submitted to schedule a conference, and is available online or from the Planning Department. The calendar is also available online or from the Planning Department.
Application: Applications are received by noon on the first Monday of every month. Refer to the calendar for specific dates. Applications will not be accepted unless complete, including required fees. Additionally, if the application is in coordination with site plan review, the site plan must have already been accepted for review. An application checklist is part of the overall application, available online or from the Planning Department. It is recommended that an applicant submit a BOA application early within the site plan review process.
Public Hearing: Notification of the hearing will be provided prior to the hearing date as follows:
- Notice of the hearing will be published twice in a newspaper serving the County
- Property owners within 300’ will receive written notification
- Neighborhood organizations registered with the Planning Department will receive written notification
- A sign, or signs, will be placed on the property
This is a quasi-judicial hearing, where applicants, proponents, opponents, and anyone else who wish to speak are “sworn in”. At the hearing, the applicant is expected to present testimony in support of the “Findings”. These “Findings” are part of the original application and can be found in Article 3 of the UDO. The BOA, in order to approve the application, will determine if the evidence or testimony provided satisfy the “Findings”. Any physical evidence presented and deemed pertinent with the case will be kept. Staff will make a recommendation once all testimony has been heard. After conducting the hearing, the Governing Body may: deny the request, defer action until additional information is received, approve the request, or approve the request with conditions. Orders will be approved subsequent to the approval or denial of the application.
Contact Information:
Durham City-County Planning Department
Ground floor of City Hall
Phone: (919) 560-4137
Fax: (919) 560-4641
Website:
http://www.durhamnc.gov/departments/planning/