Board of Adjustment

The Statesville Board of Adjustment is a quasi-judicial board appointed by the Statesville City Council. A quasi-judicial hearing is similar to a court hearing in that witnesses are sworn in and decisions are based on evidence and factual testimony rather than opinions. The Board’s responsibilities include granting variances and hearing appeals from decisions or interpretations made by zoning administrator. The Board meets monthly to hear requests.

VARIANCE

A variance allows a property owner to use property in a way that would not otherwise be allowable under the terms of the zoning ordinance.  A variance may be granted in such individual cases of unnecessary hardship where the Board of Adjustment makes the following affirmative findings:

1. There are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the Ordinance.
   1. If the applicant complies with the provisions of the Ordinance, the property owner can secure no reason able return from, or make no reasonable use of the property.
   2. The hardship results from the application of the Ordinance.
   3. The hardship is suffered by the applicant's property.
   4. The hardship is not a result of the applicant's own actions.
   5. The hardship is peculiar to the applicant's property.
2. The variance is in harmony with the general purpose and intent of the Ordinance and preserves its spirit.
3. In granting the variance the public safety and welfare have been assured and substantial justice has been done.

When a variance is granted, it remains with the property forever, even if the property changes hands.

APPEAL

An appeal occurs where there is an alleged error in any order, requirement, decision, interpretation, or determination made by the zoning administrator in the enforcement of the ordinance. Appeals must be made within 45 days of the zoning administrator’s decision.

APPEAL OF BOARD OF ADJUSTMENT DECISION

Board of Adjustment decisions may be appealed to the superior court. Such appeals must be made within 30 days of the filing of the decision.

HOW TO APPLY

To apply for a variance or appeal, you must fill out an application. Applications can be found here or in the Planning Office. It would be a good idea to speak with a Planner about your request prior to filling out an application because there are different applications and requirements for each request. There is a non-refundable $300 application fee. The deadline for submitting a request to be heard before the Board of Adjustment is 20 days before the regularly scheduled meeting (first Tuesday of each month).

BOA Application

Flowchart of Board of Adjustment Hearing

FY 2011 - 2012 Board of Adjustment Meeting Schedule