Council updates Board of Adjustment rules: reduces alternate members, drops newspaper notice for most quasi-judicial hearings

Asheville City Council on Sept. 9 approved amendments to the Unified Development Ordinance affecting the Board of Adjustment. The zoning-text amendment was presented by Will Palmquist of Planning & Urban Design and reflects changes recommended by the Board of Adjustment and Planning & Zoning Commission. Key changes include aligning membership requirements with Buncombe County and North Carolina statutory guidance (a change staff said would reduce the number of alternate members and clarify residency appointment requirements); removing the requirement for a published legal advertisement in the newspaper for most quasi-judicial hearings (staff and commission recommendations retain mailed notices to adjacent property owners and required on-site signage and add a condition to email neighborhood associations); and allowing board-of-adjustment applications and administrative appeals to be submitted directly to the planning director or their designee rather than the city clerk’s office to speed processing. Planning staff said the changes improve regional coordination and bring local practice into alignment with state law. Planning and Zoning Commission and the Board of Adjustment reviewed and recommended the amendment during 2024. The council vote approved the zoning-text amendments and included the Planning & Zoning condition that staff email neighborhood associations for quasi-judicial matters in lieu of the legal ad. Councilors asked clarifying questions about maintained requirements for on-site signage and adjacent-owner mailings, and staff confirmed those protections remain in place.