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Yes, the building code is established at the state level.
The Town cannot create its own building code.
Work that involves alterations to the structure, additions, extensions, or replacement of insulation, wiring, plumbing, and heating and air conditioning require permits and inspections.
Extension or replacement of all technical trades requires permits and inspections.
All new construction, additions, or placement of manufactured or mobile homes will require the following permits in addition to the building permit:
The scope of the project will determine which specific permit(s) is required.
The Building Inspector enforces the requirements of the building permit.
The release for power will be sent to the power company after the very last inspection has been passed.
It is your responsibility to apply for power with the power company prior to the issuance of the certificate of occupancy.
You may pick up a copy of your certificate of occupancy at Town Hall, 160 Midland Avenue, Black Mountain, NC 28711; office hours are Monday - Friday 8:00 am to 5:00 pm
You may also email firstname.lastname@example.org and request a copy of your certificate of occupancy.
Except as exempted by NC General Statutes 87-1, 87-21, and 87-43 and NC Contractor Licensing Laws, all general construction projects with the value of $40,000 or greater and all trade construction (electrical, mechanical, and plumbing) regardless of value shall be performed by appropriately licensed contractors.
Being an employee of a licensed contractor does not qualify an individual to do work outside of the business of the employer.
When a license is required, it is not legal for any person to work as a licensed contractor unless that person is a legitimate employee and under the direction of that licensed contractor.
It is not legal for any licensed contractor to allow any employee to perform work that requires a license if that work is not directly under his/her control and/or the work is not a legitimate part of the business of that licensed contractor.
Violations of licensing laws carry significant penalties.
Failure to comply with laws requiring permits, licensing, and inspections is a criminal act that may result in fines, penalties, and criminal prosecution.
A building can be condemned or utilties disconnected for violations of these codes.
Illegal construction, renovation, and/or occupancy of any building not complying with these requirements are prohibited by state law (see N.C.G.S. §160D-1110).
Penalties can also include a $250.00 fine.
Building permits expire six (6) months after applying for the permit if no inspection have been completed.
If inspections have been made, the permit will expire twelve (12) months from the date of the last inspection.
Permits are obtained by the property owner, property owner's agent, or contractor from the Permit Office located at 160 Midland Avenue, Black Mountain, NC 28711.
Permits may also be obtained through the Development Portal.
Building inspections are required during each state of construction to ensure compliance with construction codes and building plans.
The Building Code is available from the North Carolina Department of Insurance.
Please call 919-661-5880 or visit their website at www.ncdoi.com.
You may call the inspection request line at 828-419-9372 or request an inspection through the Development Portal.
All inspection requests must be submitted by 4:00 p.m. to be scheduled for the next business day.
Inspection requests submitted after 4:00 p.m. are scheduled for the following business day.
We cannot provide a time that the inspection will occur as the inspector plans his scheduled based on his assigned inspections each day.
Incorrect or incomplete requests will not be scheduled for inspection.
Storage sheds that are over twelve (12) feet in any direction require a building permit along with zoning approval.
If the shed is less than twelve (12) feet, a zoning approval permit is required.
Yes, swimming pools require a building permit and a barrier is required for all in-ground and above-ground pools.
Contact the Town of Black Mountain Water Department at 828-419-9300, option 3 for water service information.
Submit plans and sign permit application to the Permit Office at 160 Midland Avenue, Black Mountain, NC 28711.
Plans will be reviewed by the Zoning Administrator for zoning compliance and by the Building Inspector for building code compliance.
Once plans have been approved then the permit will be issued.
The following links allow you to verify NC licensing information:
You may submit a violation complaint online or in person to report a hazardous condition that may need the attention of the Building Inspector.
The Building Inspector will assess the situation and take the appropriate action.
Contact WNC Air Quality at 828-250-6777.
What are Boards and Commissions?
Boards and Commissions are designed to give citizens a voice in their government and provide a means of influencing decisions that shape the quality of life for the residents of our Town. Participation on a board or commission is one of the most effective steps citizens can take in having an active voice in their local government. The Town of Black Mountain has 7 Boards & Commissions. For a list and description of each, please see the Boards & Commissions Policy Manual.
Why would I want to be a member?
Appointment to a Board or Commission gives citizens an opportunity to make a significant contribution to the governance of the Town. Board members help shape the future of Black Mountain by lending their experience, judgment, and expertise.
Who can serve on a Board or Commissions?
Board and Commission members must be residents of the Town of Black Mountain, unless otherwise specified. Some boards may have more or less specific requirements for particular seats. Please contact the Town Clerk for more information.
How do I become a member?
An application is required for consideration of an appointment to a Board or Commission. Applicants are welcome to send a resume or cover letter to accompany their application directly to the Clerk's office. Unless otherwise specified, all Town advisory board/commission seats should be residents of the Town of Black Mountain. Once an application for an appointment has been filed with the Town Clerk, it becomes public information and is therefore subject to public records requests.
Can I apply to more than one Board or Commission at a time?
Yes, you can apply for up to three boards or commissions at a time. However, once appointed to a Board or Commission your name will be removed from the others of interest. You will need to reapply if interested on serving on another board.
How many Boards can I serve on at a time?
No citizen shall be eligible to hold concurrently more than one appointment to advisory boards or commissions; this limitation shall not apply to ad hoc (task force) committees appointed by the Town Council
How long does my application stay on file?
Applications will stay on file for one year or until the next advertisement of available seats in April/May of each year. If you wish for your application to remain on file you must contact the Clerk's office or submit a new application at this time.
Do Board and Commission members get paid for their duties?
Town of Black Mountain boards and commissions are volunteer positions and members do not receive compensation for their duties.
What time commitment is expected of a board member?
Time commitment varies depending on the board or commission. Most boards and commissions meet on a monthly basis. Additionally, board members must be able to dedicate time outside of meetings to do reading, research, etc.
What are the terms for members serving on a Board or Commission?
The Town Council has expressed their preference to limit advisory board and commission members’ terms of service to two consecutive terms; however, they have reserved the right to override that preference when they deem the circumstances of an individual’s service to the community to be of such notable importance as to warrant a continuation of service. In those situations where the Town Council deems special circumstances to exist that warrant the continuation of community service by an individual on a board or commission, any member of the Town Council may place the name of that individual into nomination and state that they believe special circumstance warrant a continuation of service. The Town Council may then reappoint said individual by voting in no less than a 4/5 majority of the membership to reappoint the individual to another term of office. This process may be repeated as often as the Town Council deems the special circumstances to warrant an additional appointment.
A person who has served more than two-thirds of a full term after being appointed to complete the term of a previous board member shall be considered to have served a full term for the purposes of determining eligibility under the provisions of this section.
How are Board and Commission members appointed?
The Town Council shall proceed by motion made by any member, including the Mayor. A motion does not require a second and a member may make only one motion at a time. Each motion shall be considered and dealt with one at a time, and a new motion may not be put forth until action on the previous one is concluded. A motion shall be adopted by a majority of the votes cast with a quorum present.
How do I contact Board or Commission members?
We encourage communications with advisory boards and commissions members. However in some instances it is inappropriate to communicate with board members regarding matters which are quasi-judicial in nature. In order to preserve the integrity of quasi-judicial proceedings and avoid exparte commutations please direct all communications to boards and commission members to their staff liaison who will forward your requests to the board chair person. Staff Liaisons will be able to provide information related to the agenda, past minutes, and upcoming meetings. All Town Boards and Commission meetings are open to the public.
For more information please visit the Boards & Commissions page.
No citizen shall be eligible to hold concurrently more than one appointment to advisory boards or commissions; this limitation shall not apply to ad hoc (task force) committees appointed by the Board of Aldermen.
The Board of Aldermen has expressed their preference to limit advisory board and commission members’ terms of service to two consecutive terms; however, they have reserved the right to override that preference when they deem the circumstances of an individual’s service to the community to be of such notable importance as to warrant a continuation of service. In those situations where the Board of Aldermen deems special circumstances to exist that warrant the continuation of community service by an individual on a board or commission, any member of the Board of Aldermen may place the name of that individual into nomination and state that they believe special circumstance warrant a continuation of service. The Board of Aldermen may then reappoint said individual by voting in no less than a 4/5 majority of the membership to reappoint the individual to another term of office. This process may be repeated as often as the Board of Aldermen deems the special circumstances to warrant an additional appointment.
The Board of Aldermen shall proceed by motion made by any member, including the Mayor. A motion does not require a second and a member may make only one motion at a time. Each motion shall be considered and dealt with one at a time, and a new motion may not be put forth until action on the previous one is concluded. A motion shall be adopted by a majority of the votes cast with a quorum present.
A code violation exists when a property owner violates a requirement of the Town Code of Ordinances or Land Use Code.
Complaints from residents are investigated by staff.
If a violation is observed, the property owner is issued a courtesy notice.
If the problem isn't corrected, the owner is issued a violation notice.
If the problem still isn't corrected, the owner is issued a violation and citation.
Trash in yard, junked motor vehicles, and tall grass.
Donating property to support development or workforce housing can be done by directly donating the property to the Town, or it could be donated to an existing land trust such as the Asheville-Buncombe Community Land Trust.
Property can also be donated for greenspace conservation, creation of neighborhood pocket parts, or other specific uses you have in mind.
Donation of property is contingent upon approval by the Town Council.
A comprehensive plan is a foundational document of long-term planning and zoning.
A comprehensive plan contains a map of future land uses addressing all of the physical elements in the area for a long period of time.
The comprehensive plan lays the foundation for zoning codes, which is the legal tool for implementing the vision of the future contained in the comprehensive plan.
Yes, in order to have zoning authority, the town is required to have a comprehensive plan.
You can view Elevate Black Mountain, the town's comprehensive plan, here.
A Unified Development Ordinance, UDO, contains most local regulations concerning the use and development of land and buildings, including zoning, subdivision, stormwater, and natural resource conservation.
No, it is a federal requirement and the Town cannot opt out of compliance.
It was adopted in July 2007. For details on the evolution of the ordinance, click here.
As of right now, construction is expected to begin in 2025.
The Town would be required to pay back all funding spent to date on the projects.
Road and bridge maintenance is not part of the transportation and improvement effort.
Please contact Town of Black Mountain Public Works for town streets or NCDOT Maintenance for state streets to alert them of maintenance concerns.
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.
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.
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.
Visit the Table of Dimensional Requirements for setback information in each zoning district.
Contact the Zoning Administrator at 828-419-9300, ext. 373.
The height limit for residential zoning districts is 35 feet.
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.
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 email@example.com or contact the Zoning Administrator at 828-419-9300, ext. 373.
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.
No. Use variances are not allowed per State law.
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.
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.
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.
A recombination application must be submitted.
Among other requirements, a preliminary plat prepared by a registered surveyor must be submitted.