(a) Powers and duties. The board of adjustment for the City of Asheville shall have the following powers and duties, to be carried out in accordance with the terms of this chapter:
(1) To hear and decide applications for approval of variances from the terms of this chapter, in accordance with the procedures and standards set forth in section 7-6-1 of this chapter, except where this chapter places responsibility for hearing or considering such a variance with another body.
(2) To hear and decide appeals from any order, requirement, permit, decision, or determination issued or made by an administrative officer of the city in enforcing any provision of this chapter, in accordance with the procedures and standards set forth in section 7-6-2 of this chapter. (However, see section 7-12-2(q), Soil Erosion and Sedimentation Control, for special review procedures pertinent to appealing administrative decisions on erosion control plans and section 7-12-5, Stormwater Management, for special review procedures pertinent to appealing administrative decisions on stormwater management plans.)
(3) To serve as the city's housing code appeals board in accordance with the procedures and standards set forth in chapter 4 of the Code of Ordinances for the City of Asheville, or its successor.
(4) To hear and decide applications for approval of reasonable accommodations under federal law for handicapped or disabled persons proposing to live in a family care or group home, in accordance with the procedures and standards set forth in section 7-6-3 of this chapter.
(5) Such additional powers and duties as may be set forth elsewhere in this chapter and in other laws and regulations.
(b) Membership; terms; vacancies.
(1) The board of adjustment for the City of Asheville shall consist of five regular members and seven alternate members. Three regular members and four alternate members who are residents of the City of Asheville shall be appointed by the Asheville City Council. Two regular members who reside within one mile of the municipal limits and three alternate members shall be appointed by the Buncombe County Board of Commissioners pursuant to N.C. Session Law 2013-30.
(2) All members shall serve three-year terms. All members shall serve a maximum of two terms.
(3) Officers of the board of adjustment shall be elected in accordance with the rules of procedure for the board of adjustment of the City of Asheville.
(4) Vacancies shall be filled by the Asheville City Council or the Buncombe County Board of Commissioners, as applicable, as they occur.
(c) Meetings and voting.
(1) Meetings and hearings of the board of adjustment for the City of Asheville shall be held at such times as are set by the board of adjustment.
(2) The concurring vote of four-fifths of the board shall be necessary to grant a variance. A majority of the members shall be required to decide any other quasi-judicial matter or to determine an appeal made in the nature of certiorari regarding the provisions of this chapter. For the purposes of this subsection, vacant positions on the board and members who are disqualified from voting on a quasi-judicial matter shall not be considered members of the board for calculation of the requisite majority if there are no qualified alternates available to take the place of such members.
(d) Rules and records. The board of adjustment for the City of Asheville shall formulate and adopt the rules of procedure under which it will operate. The board of adjustment shall keep minutes of its proceedings showing the vote of each member on each question. Final disposition of appeals shall be by recorded order indicating the reasons of the board therefore, all of which shall be a public record.
(e) Administering oaths and issuing subpoenas. Pursuant to N.C.G.S. § 160D-406(f) and (g), the chairperson of the board, the acting chairperson, and the clerk to the board are authorized to administer oaths to witnesses appearing before the board in any matter. Any person who, while under oath during a proceeding before the board of adjustment, willfully swears falsely is guilty of a Class 1 misdemeanor. The board, through the chair, or in the chair's absence anyone acting as chair, may also issue subpoenas and compel the production of evidence.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 4274, §1a, 1-28-14; Ord. No. 4403, § 1b, 4-14-15; Ord. No. 4381, § 1(D), (E), 6-8-21)