The Board of Adjustment

Purpose

The Board of Adjustment hears cases concerning ordinance interpretations, requests, or appeals for variances. Their specific charges include:

  • To hear and decide appeals from any order, decision, determination, or interpretation made by the Planning Director pursuant to or regarding these regulations.
  • To hear and decide petitions for variances from the requirements of these regulations.
  • To make an interpretation of any portion of this ordinance.
  • To serve as the Watershed Review Board and rule on all petitions in accordance with the procedures specified in the watershed ordinance (i.e. issue Density Averaging Certificates - see below).

Application

Applications for appeals & variances are available below. Physical copies are also available at town hall. Please contact the planning department with any questions regarding the application process for appeals & variances. Additionally, please consult the most recent fee schedule, available on the Finance & Budget webpage, to determine the associated application fee. 

Appeal Application: To hear and decide appeals from any order, decision, determination, or interpretation made by the Planning Director concerning the planning ordinance.
 
Variance Application: To hear and decide petitions for variances from the requirements of the planning ordinance. 

Members



All members of the Planning Board also serve as members of the Board of Adjustment. Members serve on a rotating basis, with five members (including at least one ETJ representative) serving for each case. The chair of the Board of Adjustment is appointed by the Board of Commissioners. A list of members can be found by selecting this link

Planning Board Staff Contact:  Trey Akers

Meetings & Rules of Procedure



Meetings are held on an as-needed basis and will be announced in advance in accordance with NC General Statute 160A-388 and the board's Rules of Procedure. Generally, they are held at Town Hall immediately following a regularly-scheduled Planning Board meeting, which are scheduled to occur on the last Monday of each month. 

Built-Upon Area Averaging 



Built-Upon Area Averaging is a program whereby parcels located within a protected watershed may obtain additional impervious coverage rights by averaging the total impervious area of the developing lot with the total impervious area of an undeveloped/less developed lot within the same watershed. Essentially, the "receiving lot" obtains additional impervious square footage allowance when the "giving lot" establishes a non-revocable easement containing undeveloped, vegetated area. The amount of this easement area may be transferred from the giving lot to the receiving lot by Final Plat recordation, subject to applicable criteria and processes. Davidson Planning Ordinance Section 17.8 outlines the process and requirements for obtaining a Density Averaging Certificate, which must be approved by the Board of Adjustment. 

Currently, the Density Averaging Application and the Checklist are available for download. For more information about this program, please review these materials, the ordinance section listed above, and contact the Planning Dept. with any questions you may have.

Current Cases

321 Jib Ct Variance

Case Summary: In the summer of 2020, the applicant installed a utility shed near the Eastern boundary of their property at 321 Jib Ct. This shed's location in the side yard of the property and proximity to the home require a variance from the Board of Adjustment prior to approval from the Town of Davidson. 

Hearing Date: A virtual hearing is set for January 13, 2021 at 6:00pm. Register to watch the hearing via Zoom, or livestream via YouTube, by clicking the corresponding link below. 

Registration Link to Watch via Zoom: https://tinyurl.com/TODboahearing01132021

Livestream Link to Watch via YouTube: https://tinyurl.com/TownofDavidson-YouTube

Documents

Board of Adjustment hearings are open for the public to view. Individuals with standing, or individuals called to serve as a witness for the hearing, are permitted to participate. To apply for standing or provide witness testimony, please complete the corresponding form below and send to Town Hall no later than 5:00pm on January 11, 2021 to the email or physical address listed. 


Potts Development Appeal

Case Summary: Crescent acquisitions, LLC proposes to develop a 15.441+ acre site located at 513 Potts St to accomodate 247 multifamily units, along with public open and park space. After completing review of the most recent Master Plan submittal, town staff denied the application on April 17, 2020, citing outstanding issues. On May 15, 2020, Crescent Acquisitions, LLC provided the town with a notice to appeal this decision to the Board of Adjustment. 

Hearing Date: A virtual hearing is tentatively planned for February 8 - 10, 2021. 

Documents

More Information: To learn more about the Potts development, including a full timeline, please visit the project page