The City of Fayetteville Board of Adjustment

Overview of the Board of Adjustment:

The Board of Adjustment hears cases for variances from the zoning ordinance and appeals of the zoning officer’s decisions as well as appeals of the Historic Resources Commission’s decisions. 

They are a quasi-judicial review board, appointed by City Council, whose duty is to hear sworn testimony regarding the request and who are to base their decisions on the General State Statute findings of fact that are required to approve a request. 

The case is heard at a public hearing before the City Board of Adjustment.  Anyone wishing to speak at the hearing, including the applicant, MUST sign up to speak in advance with the City Planning Staff, or on the day of the hearing in City Council Chambers prior to the beginning of the meeting.  The Board of Adjustment either approves or denies the request after hearing sworn testimony from those who are signed up to speak.  The City
Staff will present information relating to the property and surrounding area and the ordinance requirements that relate to the variance requested. 

The Board of Adjustment makes the final decision as to approve or deny variances.  These requests do not go before the City Council. 

A quorum of the board is four members.  However the desired number of members present would be five because to approve a variance a four-fifths vote is required.  If only 4 members are present all 4 would have to vote in favor of a request in order for the request to be approved.  If 5 members were present at least 4 members would have to vote in favor of a request in order for the request to be approved.

An appeal of the Board of Adjustment’s decision may be made with the Clerk of Superior Court within 30 days of the Board’s decision.

BOARD OF ADJUSTMENT
APPLICATION DEADLINES

Meetings are held at 5:00 p.m. in City Council Chambers in City Hall, 433 Hay Street.