The 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 administrators. The Board meets monthly to hear requests.
The board consists of five (5) members who are citizens and residents of the City who will be appointed by the City Council, and one (1) member who is a citizen of Iredell County and resides outside the City, but within the extraterritorial jurisdiction of the City, and who will be appointed by the Board of Commissioners of Iredell County.
This board meets as needed on the first Tuesday at 12:30 PM. Members are appointed by City Council for 3-year terms.
Interested in Volunteering on a Board, Committee, or Commission?
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. Unnecessary hardship would result from the strict application of the regulation. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property; and
2. The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance; and
3. The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance is not a self-created hardship; and
4. The requested variance is consistent with the spirit, purpose, and intent of the regulation, such that public safety is secured and substantial justice is achieved.
When a variance is granted, it remains with the property forever, even if the property changes hands. No variance shall allow a use not authorized by this Code or a density in excess of that allowed in the applicable zoning district.
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 $400 application fee. The deadline for submitting a request to be heard before the Board of Adjustment is 30 days before the regularly scheduled meeting (first Tuesday of each month).
