The Board of Adjustment
19310 River Falls Dr. - Appeal of Administrative Decision for an Expedited Subdivision
The Board of Adjustment held a public hearing pursuant to NC General Statute 160D – 405, – 705 on the evening of September 26, 2022, immediately following the Planning Board meeting (scheduled start 6:00 p.m.) at Davidson Town Hall, 216 South Main Street, Davidson, North Carolina, to hear public comments on a request for an appeal from an administrative decision. The hearing took recess and will continue on Wednesday, October 5, at 5:30 in the Davidson Town Hall boardroom.
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).
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.
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:
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.