Wake County’s Unified Development Ordinance offers an appeal process for an interested party to appeal a decision related to the interpretation or application of zoning regulations.
The person appealing the decision (appellant) has 30 days to submit their appeal in writing to the Planning Director and the Land Development Administrator.
Once a hearing before the Board of Adjustment has been set, Zoning Administration staff sends notice of the appeal and hearing to the appellant and any other interested parties to the decision being appealed, then compiles a record of the decision being appealed.
Zoning Administration staff will publish a notice in the local newspaper about the upcoming Board of Adjustment meeting at which the case will be heard.
Board of Adjustment Review
The Board of Adjustment will consider evidence presented by the appellant and any other comments submitted by interested parties. The appellant bears the burden of presenting sufficient factual evidence to support findings of fact that allow the Board to decide in favor of the appeal.
Appeal of Board of Adjustment Decision
The applicant or other aggrieved party may appeal the Board's decision to Superior Court, provided the appeal is made within 30 days after the written notice of the decision is delivered to the applicant and is filed in the Zoning Administration offices.