City staff propose cleanup of board of adjustment rules to align with state law and remove newspaper notice requirement

City planning staff presented a staff-initiated housekeeping amendment to the City’s Board of Adjustment procedures that would do three things: align membership requirements with North Carolina General Statutes, remove the newspaper quasi-judicial public-notice requirement, and allow applicants to file variance applications directly with the Planning Department rather than the City Clerk.

Planning staff explained that eliminating the newspaper notice would not remove the mailed legal notice required for parties with standing in quasi-judicial hearings. Staff said the change is intended to reduce confusion from the public showing up for hearings where they do not have legal standing to participate and to modernize administration of the board.

Staff also noted an unusual local requirement dating to when the city had extraterritorial jurisdiction (ETJ): by state succession law, Buncombe County retains the right to appoint one regular member and one alternate member to the Board of Adjustment. Staff said the ordinance would carry that appointment structure forward while otherwise bringing membership and procedure into compliance with state law.

Council members asked about whether signage requirements and mailed notice thresholds (for example, adjacent property owners) would remain; staff said they would clarify signage, mailing and other notice elements in the follow-up staff report.