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:

Granting the variance will not substantially conflict with any City adopted plans or policies, or the purposes or intent of this code; and

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

The applicant cannot derive a reasonable use of the property without approval of a variance; and

Granting the variance will not set a precedent for future applications; and

Granting the variance will not be detrimental to adjacent properties or the area; and

Granting the variance will not be detrimental to public health, safety or welfare; and

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

2016 Board of Adjustment Meeting Schedule   

PLEASE NOTE THE APRIL 12, 2016 MEETING HAS BEEN CHANGED TO 1:30 PM

Meeting Date   Meeting Type Agendas 
January 05    Regular Agenda
February 02  Regular Cancelled
March 01 Regular Cancelled
 April 05  Regular Agenda
 April 12 Called  Agenda 
May 03 Regular Agenda
June 07 Regular  Cancelled
 July  05 Regular Cancelled
July 12  Called  Cancelled
August  02  Regular  Cancelled
September 06  Regular  Cancelled
October 04  Regular Cancelled
November 01  Regular Agenda
December 06   Regular Agenda

Board of Adjustment Members

Members:
David Steele
Chair
term expires 6/30/19

John Gilbert, III
term expires 6/30/18

Bill Winters
term expires 6/30/17

David Aman (ETJ Rep)
Vice Chair
term expires 6/30/19

Sandra Campbell
term expires 6/30/18

George Simon
term expires 6/30/18

Alternates:
City
Gurney Wike
term expires 6/30/18

O. David Tharpe
term expires 6/30/18

Staff:
Andrew Ventresca
Staff Liaison/Secretary
Email Andrew