Public Notice - Appeal A13-01

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 is not a right, and may be granted only upon a finding that:

1. Granting the variance will not substantially conflict with any City adopted plans or policies, or the purposes or intent of this code; and
2. There are exceptional conditions creating an undue hardship upon the property involved, which do not generally apply to other land or uses within the zoning district; and
3. The applicant cannot derive a reasonable use of the property without approval of a variance; and
4. Granting the variance will not set a precedent for future applications; and
5. Granting the variance will not be detrimental to adjacent properties or the area; and
6. Granting the variance will not be detrimental to public health, safety or welfare; and
7. The basis for the appeal was not created by the current owner or any previous owners of the property. 

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 30 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 2013 - 2014 Board of Adjustment Meeting Schedule

FY 2012 - 2013 Board of Adjustment Meeting Schedule

FY 2011 - 2012 Board of Adjustment Meeting Schedule