Board of Adjustment Duties, Qualifications and Responsibilities

High Point's Board of Adjustment is a quasi-judicial body, made up of five regular members plus several alternate members. Four regular members and all alternate members are appointed by the City Council from the City at large, and one regular member is appointed from the City's extraterritorial jurisdiction (ETJ) by the Guilford County Board of Commissioners upon recommendation by the City Council. A full term appointment is three years in length. A member is limited to serving two consecutive full terms, not counting any time served filling the unexpired term of a previous member.

Duties

High Point's Development Ordinance sets forth several duties for the Board of Adjustment in accordance with North Carolina law. However, most of the actions of the Board are regarding the first three duties.

1. To hear and decide requests for variances from the zoning provisions of the Development Ordinance in cases where special conditions would make strict and literal interpretation and enforcement of such zoning provisions result in a loss of privileges shared by other properties within the same zoning district.

2. To hear and decide appeals from and review any zoning order, requirement, decision, determination, or interpretation made by an Enforcement Officer charged with enforcing the Development Ordinance.

3. To hear and decide requests for special exceptions which are specifically delegated to it by the Development Ordinance.

4. To review appeals from the proceedings of the Historic Preservation Commission concerning the issuance of a Certificate of Appropriateness, limited to certiorari. (This means a review of the record of the HPC proceedings)

5. To vary and modify application of zoning regulations in harmony with their general purpose and intent and in accordance with general and specific rules contained therein.

6. To interpret zoning maps and pass upon disputed questions of district boundary lines and similar questions as they arise in the administration of the zoning ordinance.

7. To hear and decide appeals from and review any order, requirement, decision, determination, or interpretation made by the Enforcement Officer with regard to Title 9, Chapter 6, Article E (Minimum Housing Code) provisions.

8. To hear and decide all matters referred to it, or upon which it is required to pass under the Development Ordinance.

Qualifications

1. You must reside within the corporate limits of the City of High Point, or within its extraterritorial jurisdiction.

2. You should be able to make impartial decisions that are based on the interpretation of facts that are established during the public hearing.

3. Deliberation takes place during the meeting and in front of the applicant. You should not be easily intimidated, and should be a willing participant in the discussion of each case. 

4. You should be inquisitive, and not afraid to ask questions until you are satisfied that all relevant information has been reported, and the facts of the case are clear to you.

5. You must be able to learn basic zoning concepts, visualize spatial relationships, and understand technical problems.

6. You should have the ability to remain focused on the issue at hand, and not get bogged down in matters not relevant to the case.

Responsibilities

1. Regular members (as opposed to alternate members) are expected to attend all regularly scheduled meetings. This is extremely important due to rules established by the state of North Carolina that require a concurring vote of four-fifths of the members of the Board in order to find in favor of the applicant, whether it be a variance, appeal or special exception. An alternate member will be asked to attend in place of a regular member who is absent. Meetings are scheduled monthly, and generally last about one hour, but can occasionally be two hours long or longer due to the number or complexity of cases.

2. You will be expected to examine the applicant's written application and read the report prepared by the Planning and Development Department staff concerning each case before each meeting.

3. It is your responsibility to disclose any financial interests, close business ties, close family ties, or any other relationship with an applicant that affects, or would appear to affect, your ability to make an unbiased decision.

4. It is your responsibility to not discuss any case with any parties thereto prior to the public hearing on that case, to discourage the presentation to you of any information outside of the public hearing on that case, and to disclose any information obtained outside the public hearing to the full Board during the public hearing.

For Further Information:

For further information about the High Point Board of Adjustment, or how to place your name in consideration for appointment to the Board when a vacancy occurs, contact the High Point Planning and Development Department at 883-3328 (TDD 883-8517).