New Bern Board of Adjustment reviews draft rules, plans training for new members

The City of New Bern—oard of Adjustment on April 23 reviewed a draft of proposed rules and procedures and agreed to pursue new-member orientation and small-group refresher training with legal counsel.

Staff member Kendrick asked board members to review the draft placed at the back of the meeting packet and to send comments directly to staff rather than discuss the draft among themselves outside of hearings. Kendrick said staff is working with legal counsel to clean up the document and incorporate feedback.

Several board members asked for clearer guidance on the boundaries of quasi-judicial hearings and whether the board can address how a proposed use might materially affect adjoining or abutting property values. Kendrick said the rules are intended to provide a framework but cannot cover every unique factual scenario; he offered to provide a short guidance sheet summarizing the relevant rules and recent case law on material impacts.

Kendrick also proposed organizing new-member orientation and small-group refresher sessions, offering at least two scheduling options (one in the morning, one in the afternoon) and coordinating times with legal counsel. Board members supported that approach and asked staff to return with dates and group assignments; staff said it would synthesize feedback and place a final draft of the rules on a future meeting agenda for possible adoption.

Why it matters: Because Board of Adjustment hearings are quasi-judicial, members must follow strict procedural rules about what evidence may be considered. Several members said having clearer guardrails, training and a reference "cheat sheet" would help them handle boundary questions and maintain the integrity of the record.

The board did not adopt the rules on April 23; staff will return a revised draft and training dates for consideration.