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City Departments

Planning Department

Zonning Division

Board of Adjustment

About the Board of Adjustment

The Board of Adjust membership consists of five (5) regular members. At least one member must reside in the area included within the boundaries of the extraterritorial jurisdiction (ETJ). The Gastonia City Council shall appoint those members, who reside inside the corporate limits. The Gaston County Board of Commissioners shall appoint the ETJ member. The Board of Adjustment also consists of five (5) alternate members to serve in the absence of any regular member. At least one alternate member must reside in the ETJ. The Board members serve three (3) year terms, staggered to provide continuity.

The Authority of the Board of Adjustment may include the following:

1. hear and decide appeals from any order, decision, determination, or interpretation made by the zoning administrator pursuant to or regarding these regulations;

2. hear and decide petitions for variances from the requirements of these regulations

3. make an interpretation of any portion of Chapter 17 Zoning Ordinance

4. change the use of, or expand certain nonconformities;

5. allow temporary uses in zoning districts where such uses are not normally permitted;

6. allow certain special exceptions;

7. hear an appeal from a decision of the Historic District Commission;

8. Shall have other powers and duties as may be listed elsewhere in the City's Code of Ordinances (Ord. of 1-21-97, § 13.1) Gastonia Zoning Board of Adjustment Member Information (information being updated)

If you have problems viewing the Board of Adjustment Member Information file please request at copy from Doresa Brown at the City of Gastonia.

City Staff

Melissa Magee
Attorney for the Board
704.866.6735
Planning Deparment

Drew Pearson
Secretary to the Board
704.866.6746
Planning Deparment

Doresa Brown
Clerk to the Board
704.866.6729
Planning Deparment

Michelle Nance
Sr. Planner
704.854.6629
Planning Deparment

Factors Relevant to the Issuance of a Variance

The Board of Adjustment does not have unlimited discretion in deciding whether to grant a variance. Under the state statute, the Board is required to reach three conclusions before it may issue a variance: (a) that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the ordinance; (b) that the variance requested will preserves its spirit; and (c) that in granting the variance, the public safety and welfare have been assured and substantial justice has been done. Please attach a response to the factors listed below. Your response to these factors will assist the Board in their decision, as to whether the variance should be issued.

(a) There are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the ordinance. The courts have developed three rules to determine whether in a particular situation "practical difficulties or unnecessary hardships" exist. State facts and arguments in support of each of the following:

(1) If the property owner complies with the provisions of the ordinance, the property owner can secure no reasonable return from, or make no reasonable use of his property. (It is not sufficient that failure to grant the variance simply makes the property less valuable.)
(2) The hardship of which the applicant complains results from unique circumstances related to the applicant's land. (Hardships suffered by the applicant in common with their neighbors does not justify a variance. Also, unique personal or family hardships are irrelevant, since a variance, if granted, runs with the land.)
(3) The hardship is not the result of the applicant's own actions.
(b) The variance is in harmony with the general purpose and intent of the ordinance and preserves its spirit. (State facts and arguments to show that the variance requested represents the least possible deviation from the letter of the ordinance that will allow a reasonable use of the land and that the use of the property, if the variance is granted, will not substantially detract from the character of the neighborhood.)
(c) The granting of the variance secures the public safety and welfare and does substantial justice. (State facts and arguments to show that, on balance, if the variance is denied, the benefit to the public will be substantially outweighed by the harm suffered by the applicant.)

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