Wake Forest Unified Development Ordinance - July 2022

Administration 15.13 Variances


D. Required Appeal Application Information: Such relevant information as may reasonably allow the Board of Adjustment to understand the basis for the applicant’s appeal. The Administrator shall similarly prepare a report detailing the regulations and interpretation behind the matter being appealed and their reason for their decision. E. Public Notification: Level 1 & 2 required.

15.12.3. Formal Review A.

Upon receiving the application, the Board of Adjustment shall conduct an evidentiary public hearing on the appeal. Any party may appear in person or be represented by an agent at the evidentiary hearing. B. After conducting the evidentiary public hearing, the Board of Adjustment shall adopt an order reversing or affirming, wholly or in part, or modifying the order requirements, decision, or determination in question. It shall take a 4/5ths vote of the Board of Adjustment to reverse or modify the contested action. C. The Board of Adjustment, in making its ruling, shall have all the powers of the Administrator from whom the appeal is taken, and may issue or direct the issuance of a permit. D. The decision of the Board of Adjustment must be in writing and permanently filed in the minutes of that reviewing body as a public record. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the Board of Adjustment, which must be delivered to parties of interest by certified mail. Any appeal from a decision of the Board of Adjustment may be made by an aggrieved party and shall be made to the Superior Court of Wake County in the nature of certiorari. Any such petition shall be filed with the clerk of the superior court within 30 days after the decision of the Board is filed with the Town Clerk, or after a written copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the secretary or chairman of the Board at the time of its hearing of the case, whichever is later. The decision of the Board may be delivered to the aggrieved party either by personal service or by registered mail or certified mail return receipt requested. B. Any appeal from a decision relating to sedimentation and erosion control shall be made to the North Carolina Sedimentation Control Commission.

15.12.4. Appeals A.

15.13. Variances

15.13.1. Applicability A.

Purpose: The variance process administered by the Board of Adjustment is intended to provide limited relief from the requirements of this ordinance in those cases where strict application of a particular requirement will create a practical difficulty or unnecessary hardship prohibiting the use of the land in a manner otherwise allowed under this ordinance. B. Sufficient Grounds for Variance: It is not intended that variances be granted solely to remove inconveniences or financial burdens that the requirements of this ordinance may impose on property owners in general or to increase the profitability of a proposed development, although such factors can be taken into consideration. C. Use Variances Not Permitted: In no event shall the Board of Adjustment grant a variance which would allow the establishment of a use which is not otherwise allowed

Town of Wake Forest Unified Development Ordinance – July 19, 2022


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