The Board of Adjustment consists of ten members; seven members of the Board are citizens of the City of Hendersonville and are appointed by City Council. Three members reside in the City's area of extraterritorial jurisdiction and are appointed by the Henderson County Board of Commissioners.
Terms are three years; however, lesser terms may be appointed to achieve a balanced system of overlapping terms. Any vacancy in the membership is be filled for the unexpired term in the same manner as the initial appointment. Members serve without compensation but may be reimbursed for any expenses incurred while representing the Board.
The three members appointed to the Board of Adjustment by the Henderson County Board of Commissioners as representatives of the City of Hendersonville's extraterritorial jurisdiction have equal rights, privileges and duties with other members of the Board in all matters pertaining to the regulation of the Zoning Ordinance in the City and its extraterritorial jurisdiction.
The City Council and Henderson County Board of Commissioners appoints alternate members to serve on the Board in the absence of any regular members. Alternate members are appointed for the same term and in the same manner as regular members. Each alternate member, while attending any regular or special meeting of the Board and serving in the absence of any regular member, has and may exercise all the powers and duties of a regular member.
The Board of Adjustment has the following powers:
To hear and decide appeals from and review any order, requirement, decision or determination made by any administrative official charged with the enforcement of the Zoning Ordinance or the Subdivision Ordinance.
To hear and decide requests for variances from the requirements of the Zoning Ordinance.
To review applications for conditional use permits and to issue conditional use permits in accordance with the provisions of the Zoning Ordinance.
To make interpretations of the Official Zoning Map and to pass upon disputed questions of lot lines or district boundary lines and similar questions as arise in the administration of the Zoning Ordinance.
To enter, at reasonable times, upon private lands and make examinations or surveys as necessary for the performance of its official duties.
To request City Council to hold public hearings on matters within the purview of the Board.
To hear and decide any other matter as required by the provisions of the Zoning Ordinance and the Code of the City of Hendersonville.
To adopt rules consistent with the Zoning Ordinance or General Statutes governing the organization of the Board and proceedings before the Board.
The Board elects one member to serve as Chair and preside over its meetings and creates and fills such offices and committees as it may deem necessary. The term of the Chair and other offices is one year with eligibility for re-election. The Chair, or any member temporarily acting as chair, is authorized to administer oaths to any witnesses in any matter coming before the Board.
All meetings of the Board are open to the public. The Board of Adjustment meets the second Tuesday of each month at 1:30 p.m. at the Operations Center, 305 Williams Street, Hendersonville, NC.
The Board keeps a record of its meetings, including attendance of its members, the vote of each member on every question, a complete summary of the evidence submitted to it, documents submitted to it, and all official actions.
Any member of the Board who misses more than three consecutive regular meetings or more than half the regular meetings in a calendar year loses his or her status as a member of the Board and may be replaced or reappointed by City Council or the Henderson County Board of Commissioners, as appropriate. Absence due to sickness, death in the family, or other emergencies of like nature will be recognized as excused absences, and will not affect the member's status on the Board, except that in the event of a long illness or other such cause for prolonged absence, the member will be replaced.
Quorum and Voting
A quorum of the Board, necessary to take official action, consist of seven members.
The concurring vote of seven members is necessary in order to:
approve an application for a variance;
reverse or modify any order, requirement, decision, or determination made by an administrative official;
decide in favor of the applicant in any other matter on which the Board is required to act by this Ordinance.
The concurring vote of a majority of those members present is necessary to conduct routine business of the Board, to deny applications for variances or for conditional use permits, and, in the case of appeals, to affirm the order, requirement, decision or determination of an administrative official.
Processing of Applications Before the Board of Adjustment
An application to the Board of Adjustment, whether it be in the nature of a request for a variance or a conditional use permit or an appeal from an administrative determination, must be received by the Zoning Administrator at least 20 days prior to the date of a Board of Adjustment meeting in order to be scheduled for such meeting.
Every decision of the Board of Adjustment may be appealed to the Superior Court by any aggrieved party. Such appeal shall be in the nature of certiorari and must be filed within 30 days after the filing of the decision in the office of the Zoning Administrator or after a written copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the chairman of the Board at the time of its hearing of the case, whichever is later. The copy of the decision of the Board may be delivered to aggrieved parties either by personal service or by registered mail or certified mail return receipt requested.