The Zoning Board of Adjustment (ZBA)
consists of 5 members each serving a 3 year term and 3 alternate members without expiring terms. Establishment of ZBA is required under North Carolina law for each municipality that enforces zoning regulations. The powers and duties of the ZBA, like the ABC Commission, are outlined in state statutes. The Zoning Board of Adjustment (ZBA) 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 ZBA 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 ZBA is responsible for the issuance of Conditional Use Permits.
The ZBA conducts their hearings in accordance with judicial rules of procedure. ZBA decisions can be publicly unpopular as rulings of the Board of Aldermen must be made based upon strict interpretation of applicable laws and not upon public opinion or desire. 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 Board of Aldermen appoints the members of the ZBA.
Please note that communication with any member is subject to N.C.G.S. 160A-388(e)(2) and may affect the Board of Adjustment's ability to hear your case.
Deadlines for turning in applications to be heard before the Board of Adjustment must be turned in to the Zoning Administrator by the 30th of each month to be heard the following month.
The Board meets at 6:00 pm, the third (3rd) Thursday of every month at Town Hall, 160 Midland Avenue Black Mountain NC 28711. To request copies of agendas or meeting materials and minutes please email Jennifer Tipton at firstname.lastname@example.org or contact by phone at (828) 419-9373.
Town of Black Mountain
c/o Zoning Board of Adjustment
160 Midland Ave., Black Mountain, NC 28711
Jennifer Tipton - email@example.com
(828) 419-9300 ext. 373
For more information, download the following resources: