Board of Adjustment

NOTICE:  The Town of Boone Board of Adjustment currently has three open positions.  All interested persons (who must live in the Town of Boone corporate limits) may apply online here.   Please feel free to call or email  Jane Shook, Director of Planning and Inspections, with any questions (828-268-6960 or jane.shook@townofboone.net).

Overview

• Upcoming Public Hearings

The Board of Adjustment (BOA) is a quasi-judicial body that acts on specified appeals, variances, major subdivision preliminary plat approval, and special-use permit requests. Except for major subdivision preliminary plat approval, a decision by the Board constitutes the final decision of the Town.  

Please review the Town of Boone Unified Development Ordinance, Article 2 Administrative Mechanisms (Sections 2.03 & 2.05), and Article 6 Quasi-Judicial Hearings for more information about the BOA.

Membership

The BOA consists of five (5) regular members and three (3) alternate members appointed by Town Council for 3-year terms.   All members shall be residents of the Town of Boone.

Alternates shall serve on the Board in the absence or temporary disqualification of any regular member or fill a vacancy pending the appointment of a regular member. When serving in place of a regular member, an alternate member shall have all the powers and duties of a regular member.  

Student Board Application

Board Application

Powers and Duties

The BOA is a quasi-judicial body that shall hear and decide:

1. Appeals from any order, decision, requirement, interpretation, or determination made by the Administrator, as provided in Article 6 Board of Adjustment Hearings.
2. Applications for special-use permits, as provided in Article 6 Board of Adjustment Hearings.
3. Applications for variances, as provided in Article 6 Board of Adjustment Hearings.
4. Applications for major subdivision preliminary plat approval, as provided in Article 6 Board of Adjustment Hearings.
5. Appeals of the grant or denial of an application for a Certificate of Appropriateness by the Historic Preservation Commission.
6. Any other matter the Board is required to act upon by any other Town Ordinance or State law.

Meetings

• 5:30 pm
• 1st Thursday of every month
• The BOA is currently meeting virtually through WebEx, a video-conferencing software.  Please contact the Planning & Inspections Department by email (planning@townofboone.net) or by phone (828-268-6960) for more information on how to watch or participate in the BOA meetings. 
• 2023 Town of Boone Meeting Calendar (PDF)

Rules of Procedure

The BOA's Rules of Procedure, together with the provisions of the Town of Boone Unified Development Ordinance (“UDO”), govern the operation of the Board of Adjustment.  

These rules also are designed to answer questions from people who are unfamiliar with the Board’s processes in order to provide more predictability and therefore more timely processing of applications. They are an attempt to make the procedures more predictable and understandable, to address certain details of the Board’s operation, to create uniform methods for dealing with recurring questions which arise during hearings before the Board, to provide guidance to people who appear before the Board so they can better prepare for Board hearings, and to facilitate the efficient administration of matters which come before the Board. 

The Town Council has given the Board the power to adopt these rules, and they are binding on participants in cases before the Board. However, if there is ever a conflict between the provisions in these rules and the UDO or state law, the UDO and state law always controls. 

Board of Adjustment Rules of Procedure (PDF)

Board of Adjustment Legal Representation Guidance (PDF)

Agendas & Minutes

Agendas are available prior to the meetings. Minutes are available following approval.

View Most Recent Agendas and Minutes

Current Roster

Please note BOA members are not allowed to discuss any case before them outside of the hearing (what the courts' term ex parte communication).  An ex parte communication occurs when a Board member discusses with any other person, including another Board member, party, or staff of the Planning Department, the substance or merits of a case outside the hearing and before the decision in the case is announced.