Board of Adjustment

The City of Hendersonville Board of Adjustment is tasked with directing the economic growth and physical development of the planning and development regulation jurisdiction of the City of Hendersonville. The Board of Adjustment is governed by authority of Chapter 160D-302 of the North Carolina General Statutes. 

Membership & Terms

The Board of Adjustment consists of ten (10) regular members and two (2) alternates. Subject to Chapter 160D-302 of the North Carolina General Statutes., or any successor statutes, the members shall be chosen as follows: Seven (7) regular members and one (1) alternate, each of whom shall be a resident of the City of Hendersonville, shall be appointed by the City Council of the City of Hendersonville.

Three (3) regular members and one (1) alternate, each of whom shall be a resident of the planning and development regulation jurisdiction of the City of Hendersonville (ETJ), shall be appointed by the Henderson County Board of Commissioners. Persons seeking to apply for these seats must fill out a County Boards/Commissions/Committees application. and return it to the County Clerk, Denisa Lauffer | 1 Historic Courthouse Square, Suite 1 | Hendersonville NC 28792 | 828-694-5025 . Additional information is available on the County's website. 

Members shall serve three-year terms as provided by the City of Hendersonville Zoning Ordinance.  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. Members serve without compensation. 

Alternate members serve on the Board in the event of an absence of any regular member and are expected to attend all meetings.  Alternate members are appointed for the same term and in the same manner as regular members for each jurisdiction. 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.

Authority of the Board

The The Board of Adjustment shall operate according to powers granted under the authority of Chapter 160D-302 of the North Carolina General Statutes and has the authority 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.
• Hear and decide requests for variances from the requirements of the Zoning Ordinance.
• Review applications for conditional use permits and to issue conditional use permits in accordance with the provisions of the Zoning Ordinance.
• 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.
• Enter, at reasonable times, upon private lands and make examinations or surveys as necessary for the performance of its official duties.
• Request City Council to hold public hearings on matters within the purview of the Board.
• Hear and decide any other matter as required by the provisions of the Zoning Ordinance and the Code of the City of Hendersonville.
• Adopt rules consistent with the Zoning Ordinance or General Statutes governing the organization of the Board and proceedings before the Board.

Meetings

Beginning in July, 2023, the Board of Adjustment meets the second Tuesday of each month at 1:30 p.m. in the 2nd Floor Meeting Room at City Hall located at 160 6th Ave. E., Hendersonville, NC 28792. 

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.

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.

Judicial Review

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.