Henderson County Zoning Board of Adjustment
Powers and Duties Pursuant to This Chapter. Without limiting any authority granted to the Zoning Board of
Adjustment by law or by regulations, the Zoning Board of Adjustment shall have the following powers and
duties with respect to this Chapter, to be carried out in accordance with the terms of this Chapter:
Text Amendments. To initiate text amendments to this Chapter by adopted motion and submittal to
the Planning Director.
Map Amendments. To initiate map amendments to the Official Zoning Map by adopted motion.
Flood Damage Prevention Board. To serve as the Flood Damage Prevention Board.
Water Quality Board. To serve as the Water Quality Board.
Administrative Review. To hear and decide appeals where it is alleged there is error in an order,
requirement, decision, determination or interpretation made by an Administrator in the
enforcement of this Chapter.
Communication Facility Permits. To review and approve the granting of a communication facility
permit by the Communication Facilities Administrator for any category three (3) communication
Special Use Permits. To grant special use permits as authorized by this Chapter;
Temporary Use Permits. To grant temporary use permits referred by the Zoning Administrator and
as authorized by this Chapter.
Variances. To hear and decide applications for approval of zoning variances from the terms of
this Chapter, in accordance with the procedures and standards set forth in §42-267 (Variances).
Vested Rights. To grant vested rights as authorized by this Chapter.
Additional Powers and Duties. Such additional powers and duties as may be set forth for the
Zoning Board of Adjustment elsewhere in this Article and in other laws and regulations.
Membership. Five (5) regular members and five (5) alternate members appointed by the Board of
Commissioners. Members shall be citizens of Henderson County and shall serve without pay. Alternative
members may serve on individual matters based on a regular members temporary disqualification. Vacant
seats and disqualified members are not considered in calculating a 4/5 vote if there are no qualified
Terms. Overlapping terms of three (3) years.
Vacancies. Any vacancy shall be filled for the unexpired term in the same manner as the initial
Officers. The Zoning Board of Adjustment shall elect a Chair and Vice-Chair from its members, who shall
serve for one (1) year or until reelected or until their successors are elected. The Zoning Board of
Adjustment shall appoint a secretary, who may be a County officer, an employee of the County or a
member of the Zoning Board of Adjustment.
Rules. The Zoning Board of Adjustment shall adopt rules and bylaws in accordance with the provisions of
Meetings. Meetings of the Zoning Board of Adjustment shall be held at the call of the Chair (or in his/her
absence, the Vice-Chair) and at such other times as the Zoning Board of Adjustment may determine. The
Chair (or in his/her absence, the Vice-Chair) may administer oaths and compel the attendance of witnesses
by subpoena. All meetings or hearings of the Zoning Board of Adjustment shall be open to the public.
Decisions. The concurring vote of four-fifths (4/5) of the members of the Zoning Board of Adjustment shall
be necessary to reverse any order, requirement or determination of the approving official or agency, or to
decide in favor of the applicant on any matter upon which it is required to pass under this Chapter, or to
affect any variation of this Chapter. On all appeals, applications and other matters brought before the
Zoning Board of Adjustment, said Board shall inform those making appeal or application of its decisions
and the reasons therefore. Such notification shall be in writing.
Records. The Zoning Board of Adjustment shall keep minutes of its proceedings, showing the vote of each
member upon each question, or if absent or failing to vote, indicating that fact. Final disposition of appeals
shall be by order indicating the reasons of the Zoning Board of Adjustment therefore, all of which shall be
a public record.