Board of Adjustment

Responsibilities & Purpose

Establishment of the Board of Adjustment is required under North Carolina law for each municipality that enforces zoning regulations. The Board of Adjustment shall operate according to powers granted under the authority of North Carolina G.S. 160D-302. The Board of Adjustment is established as a "quasi-judicial" administrative Board that operates on a level between the enforcement officials of the Town of Black Mountain and the courts. 

The purpose of the Board of Adjustment is to hear and decide appeals from and review any order, requirement, decision, or determination made by an administrative official charged with enforcement of an ordinance adopted pursuant to the land use regulations adopted by the Town of Black Mountain. In addition, under the provisions of the Town's zoning regulations, the Board of Adjustment is responsible for the issuance of Special Use Permits.

Meetings

  • 6 p.m.
  • The 3rd Thursday of each month
  • Town Hall
    160 Midland Avenue
    Black Mountain, NC 28711

Agendas & Minutes

Agendas are available prior to meetings. Minutes are available following approval. Archived minutes are available dating back to 2012. 

To request copies of agendas, meeting materials, minutes and minutes prior to 2012 please email Jennifer Tipton or contact by phone at 828-419-9300, ext. 371.

Members

The Town Council appoints membership. When a vacancy occurs members move forward from the alternate seats and new membership is appointed to the alternate seats. The  Board of Adjustment consists of 5 members each serving a 3-year term and 3 alternate members without expiring terms:

  • Patrick Prosser
    Term Expires: July 2022
  • Janet McKimpson
    Term Expires: July 2023
  • Greg Feightner
    Term Expires: July 2022
  • John DeWitt, Chair
    Term Expires: July 2022
  • Jillian Ballard, Vice Chair
    Term Expires: July 2024

Alternates

  • Dave Barley, 1st Alternate
  • Vacant, 2nd Alternate
  • Vacant, 3rd Alternate

Members must be full-time residents within the corporate limits of Black Mountain. Any vacancy in the membership shall be filled by the first alternate member, who shall serve the remainder of the unexpired term. The Town Council appoints the members of the Board of Adjustment.

All advisory boards and commissions are required to adhere to the policies and procedures set forth in the Board and Commissions Handbook which also includes the Code of Ethics. These documents may be downloaded below.

Hearings

The Board of Adjustment conducts their hearings in accordance with judicial rules of procedure. Board of Adjustment decisions can be publicly unpopular as rulings of the Board of Adjustment must be made based upon strict interpretation of applicable laws and not upon public opinion or desire.

Please note that communication with any member is subject to North Carolina General Statutes 160D-109(d) and may affect the Board of Adjustment's ability to hear your case.

Application Hearing Deadline

Deadlines for turning in applications to be heard before the Board of Adjustment must be turned in to the Zoning Administrator by the last Monday of each month to be heard the following month.

Related Documents

  1. Boards and Commissions Application (PDF)
  2. Boards and Commissions Contact Information (PDF)
  3. Boards and Commissions Fact Sheet (PDF)
  4. Boards and Commissions Handbook (PDF)