(a) A Zoning Board of Adjustment is hereby established.
(1) Said board shall consist of nine (9) members: three members shall be appointed by the Haywood County Board of Commissioners, one of which shall be a resident of that portion of the Pigeon River Watershed that lies within the town’s extraterritorial jurisdiction, and one of which shall be a resident of the Haywood County portion of the Rough Creek extraterritorial jurisdiction area, and one member shall be appointed by the Buncombe County Board of Commissioners and shall be a resident of the Buncombe County portion of the Rough Creek extraterritorial jurisdiction and one member shall be a resident of that portion of the Asheville Highway ETJ that lies within the town’s extraterritorial jurisdiction. To determine proportional representation for ETJ representation, population estimates shall be updated no less frequently than after each decennial census.
(2) However, in the event either County Board of Commissioners is unable to find a resident of its portion of the extraterritorial jurisdiction who is willing to serve on the Board of Adjustment, it shall appoint any resident of the respective county to serve on the Board of Adjustment. All appointments to the board shall be for three (3) year terms. Any vacancy in membership shall be filled for the unexpired term by the appropriate governing board. Members can succeed themselves.
(3) Members shall serve without pay, but may be reimbursed for any expenses incurred while representing the Board.
(4) The respective governing boards shall each appoint one (1) alternate member who shall meet the same residence requirements as regular members. Alternate members shall be appointed for the same term, at the same time, 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 a regular member of the same jurisdiction, shall have and may exercise all the powers and duties of a regular member.
(5) The members of the Board of Adjustment who were serving at the time of adoption of the amendment calling for extraterritorial jurisdiction representation shall serve the balance of the term to which said member was appointed.
(Amended by Ord. of 9/15/87; Amended by Ord. of 9/14/93; Amended by Ord. of 7/22/97; Amended by Ord. of 6/24/21)