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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, Secretary
Term Expires: July 2022 - Dave Barley
Term Expires: July 2024 - John DeWitt, Chair
Term Expires: July 2022 - Lauren Dodgin
Term Expires: July 2024 - Larry Pearlman
Term Expires: July 2024
Alternates
- Vacant, 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.