The Board of Adjustment
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).
All members of the Planning Board also serve as members of the Board of Adjustment, either presently serving or serving as alternates. The five presently serving members are elected by the Planning Board and include an ETJ representative. 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.
Meetings are held on an as-needed basis and will be announced in advance in accordance with NC General Statute 160A-388. 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.
Request: The applicant, Brian Alan Perry, is requesting relief from Section 4.3.1.D.(1), which specifies the height and solidity of fences, hedges, and garden walls.
Section 4.3.1.D.(1) of the Davidson Planning Ordinance (DPO) requires the following standards for fences, hedges, and/or garden walls:
"All Planning Areas: Fences, hedges, and/or garden walls located in front of the building line shall be no greater than three feet in height and fences shall be no more than two-thirds solid. Fences, hedges, and/or garden walls located behind the front building line shall be no greater than six feet in height. Chain link fencing is allowed in rear yards only. Hedges, garden walls, or fences may be built on property lines or as the continuation of building walls. For buildings on corner lots, both facades fronting a street shall be considered a front building line for purposes of fencing, hedges, and garden walls."
Hearing Date: A public hearing regarding the proposal will be held on Monday, January 27th, 2020 immediately following the regularly-scheduled Planning Board meeting, which begins at 6:00 pm. The hearing will be in the Board Room at Davidson Town Hall.