Show All Answers

1. What zoning district am I in?

Visit Black Mountain GIS and then type in your address in the box on the upper-left of the screen. 

Call the Zoning Administrator at 828-419-9300, ext. 373.

Visit Buncombe County GIS and enter your address your property identification number (PIN) in the search box.  

2. What uses are allowed in my zoning district?

Visit the Table of Permitted Uses and look either by use or district. 

Contact the Zoning Administrator at 828-419-9300, ext. 373.

In the table, "P" means permitted by right, "A" means there are additional requirements, and "S" means permitted with an approved special use permit.

3. Why are nonconforming businesses and signs allowed to exist?

Like nearly all municipalities, Black Mountain has legal nonconformities - uses and structures that were properly permitted before the current version of the Land Use Code and Code of Ordinances.

4. What are the setbacks for my property?

Visit the Table of Dimensional Requirements for setback information in each zoning district. 

Contact the Zoning Administrator at 828-419-9300, ext. 373.

5. What is the height limited if I put an addition on my home or build a new residence?

The height limit for residential zoning districts is 35 feet.

6. Are there setback requirements for things like decks and porches?

Yes. Among other requirements, they can encroach into side or rear setbacks, but must be at least six feet from the side and rear property lines.

7. Can I add another residence to my property?

Yes. A secondary dwelling can be added to a lot that has a single-family dwelling (not a two-family dwelling, also known as a duplex) in UR-8, NMU-8, TR-4, and SR-2 zoning districts. 

Among other requirements, it can be up to 50% of the square footage of the primary dwelling (but no larger than 1,100 square feet), and it cannot be sited between the primary structure and an adjacent public roadway. 

For more information, contact planning@tobm.org or contact the Zoning Administrator at 828-419-9300, ext. 373.

8. I want to encroach on a setback - can I apply for a variance?

Yes - a property owner may apply for a variance. 

Among other requirements, there is a $600 legal/administrative fee and the variance application is considered by the Board of Adjustment.

9. I want to use my property for something not listed on the use table - can I apply for a use variance?

No. Use variances are not allowed per State law.

10. What are the Town's fence requirements?

A residential permit application must be completed. 

Among other requirements, fences cannot obstruct sight visibility at any intersection of public or private roads and may not be located in the public right-of-way.

11. Does the Town regulate signs?

Yes. 

There are ten types of permitted business signs with specific requirements for items such as placement and size. 

Among other requirements, a sign permit application must be completed.

12. Can a lot be subdivided?

Yes. 

There are two types of subdivisions: minor (the subdivision results in a total of four or fewer lots) and major (the subdivision results in a total of five or more lots). 

Major subdivisions undergo a more detailed review and require open space, streets, and pedestrian circulation. Major subdivisions require Planning Board approval for the preliminary plat.

13. I own adjacent lots. Can I adjust the property line between them?

Yes. 

A recombination application must be submitted. 

Among other requirements, a preliminary plat prepared by a registered surveyor must be submitted.