The following boards and commissions are hereby established:

1. A.
   Brevard Planning Board. The authority to establish a Planning Board for the City of Brevard is granted under the authority of G.S. 160D-301 and 160D-307.

   1. 1.
      Authority and responsibility. The Brevard Planning Board (hereafter BPB) shall have the following duties and responsibilities:

      1. a.
         Review and comment on all proposed amendments to the zoning regulations or zoning map in accordance with G.S. 160D-604(b). 
      2. b.
         Advise and comment on whether any proposed amendment to the zoning regulations or zoning map action is consistent with any comprehensive or land-use plan that has been adopted, and any other officially adopted plan that is applicable, in accordance with G.S. 160D-604(d). The planning board shall provide a written recommendation to city council that addresses plan consistency and other matters as deemed appropriate by the planning board.
      3. c.
         Review and provide advice and consultation to the city council when adopting a new comprehensive plan, in accordance with G.S. 160D-501(c).
      4. d.
         Prepare, review, maintain, monitor, and periodically update and recommend to the city council a comprehensive plan, and such other plans as deemed appropriate, and conduct ongoing related research, data collection, mapping, and analysis to do so, in accordance with G.S. 160D-301(b).
      5. e.
         Review and comment on the required investigative study and reports required for the changing of the boundaries of a historic district, or the creation of additional districts within the city.
      6. f.
         Review and make a recommendation on development activities and other requests as set forth in Section 16.6 of this ordinance, in accordance with G.S. 160D-604(c).
      7. g.
         Perform any other duties which may lawfully be assigned to the BPB by the city council or General Statutes. 
   2. 2.
      Membership and terms of office.

      1. a.
         The BPB shall consist of a total of seven members with five members residing within the city and two members residing in the extraterritorial jurisdiction. The members residing in the ETJ shall have equal rights, privileges and duties with other members of the board in all matters pertaining to the UNIFIED DEVELOPMENT ORDINANCE both within the corporate limits of the city and within its ETJ.
      2. b.
         In accordance with G.S. 160D-307(a), the total membership of the BPB shall be proportional to the population of residents of the city and residents in the ETJ area. At a minimum, the membership of the board shall be examined following every decennial census, and changes shall be made as necessary to maintain an appropriate balance of city and ETJ board membership.
      3. c.
         Representatives from within the corporate limits shall be appointed by the Brevard City Council. Representatives from the ETJ area shall be appointed by the Transylvania County Board of Commissioners.
      4. d.
         The term of office shall be three years staggered. Vacancies occurring for reasons other than expiration of terms shall be filled as they occur for the period of the unexpired term.
      5. e.
         The BPB shall elect the board chair and vice-chair from among its members. They each shall serve a one-year term.
2. B.
   Board of adjustment. The authority to establish a board of adjustment is granted under the authority of G.S. 160D-302.

   1. 1.
      Authority and responsibility. The board of adjustment (hereinafter BOA) shall have the following duties and responsibilities:

      1. a.
         To hear and decide appeals from any order, decision, determination, or interpretation made by the administrator pursuant to or regarding these regulations and in accordance with G.S. 160D-405, G.S. 160D-705, or G.S. 160D-1008.
      2. b.
         To hear and decide petitions for variances from the requirements of these regulations.
      3. c.
         To hear and decide petitions for special use permits.
      4. d.
         To make an interpretation of any portion of this ordinance.
   2. 2.
      Membership and terms of office.

      1. a.
         The BOA shall consist of a total of five members with three members residing in the city limits and two members residing in the ETJ. In addition, two alternate members residing in the city limits and one alternate member residing in the ETJ shall be appointed. Alternates shall serve on the board in the absence of any member and while serving shall have and may exercise all of the powers and duties of a regular member. The members residing in the ETJ shall have equal right, privileges and duties with other members of the board in all matters pertaining to the UNIFIED DEVELOPMENT ORDINANCE both within the corporate limits of the city and within its ETJ.
      2. b.
         In accordance with G.S. 160D-307(a), the total membership of the BOA shall be proportional to the population of residents of the city and residents in the ETJ area. At a minimum, the membership of the board shall be examined following every decennial census, and changes shall be made as necessary to maintain an appropriate balance of city and ETJ board membership.
      3. c.
         Representatives from within the corporate limits shall be appointed by the Brevard City Council. Representatives from the ETJ area shall be appointed by the Transylvania County Board of Commissioners.
      4. d.
         The term of office shall be three years, although initial appointments shall be made for one, two and three years so the terms may be staggered. Vacancies occurring for reasons other than expiration of terms shall be filled as they occur for the period of the unexpired term.
      5. e.
         The BOA shall elect the board chair and vice-chair from among its members. They shall each serve a one-year term.
3. C.
   Technical review committee.

   1. 1.
      Authority and responsibility. The technical review committee (hereinafter TRC) shall have the following duties and responsibilities:

      1. a.
         To review and offer recommendations regarding all applicable local, state, and federal codes and regulations in response to all land development applications or projects in accordance with Section 16.6 of this ordinance.
      2. b.
         At the request of the planning director, to review and offer recommendations regarding all applicable local, state, and federal codes and regulations in response to any land development application or project that has been deemed, in the opinion of the planning director, because of its potential impact to the city, due to the development project's size, scope, mass, number of dwelling units, or complexity. The planning director shall provide written justification for such review of these applications.
      3. c.
         At the direction of the administrator, to review and render opinions and make recommendations on issues and petitions related to the City of Brevard Code of Ordinances and other land use plans and policies which may be adopted and require approval by the city council.
      4. d.
         To make recommendation and/or approve any other item as requested by the administrator, the planning board, or city council.
   2. 2.
      Actions by the TRC.

      1. a.
         Upon receiving notices of a land development application which requires TRC review from the administrator, members of the TRC must take the following action:

         1. i.
            Review the development application and related plan documents in relation to all applicable local, state, and federal codes and regulations.
         2. ii.
            Recommend major and/or minor changes to the application to be considered by the developer or property owner.
         3. iii.
            Each member of the TRC shall provide written comments to the administrator within 15 days of having received notification from the administrator of a land development application requiring their review.
   3. 3.
      Members.

      1. a.
         The TRC shall consist of the following members:

         1. i.
            City planning director and/or zoning administrator
         2. ii.
            Chief of Brevard Police Department, or designee
         3. iii.
            Chief of Brevard Fire Department, or designee
         4. iv.
            City public works director, or designee
         5. v.
            City wastewater treatment plant ORC, or designee
         6. vi.
            City water treatment plant ORC, or designee
         7. vii.
            Transylvania County Building Permitting and Inspections Department Director, or designee
         8. viii.
            Transylvania County Fire Marshall, or designee
      2. b.
         Other appropriate city, county, state, or federal officials may be invited to participate in the TRC review when deemed necessary by the administrator.

(Ord. No. 15-08, § 37, 12-5-08; Ord. No. 03-10, § 1(Exh. A), 2-15-10; Ord. No. 2014-25, § 05(Exh. E), 12-15-14; Ord. No. 2019-27 , § 1(Exh. A), 11-18-19; Ord. No. 2020-23 , § 1(Exh. A), 10-19-20; Ord. No. 2021-16 , § 1(Exh. A), 4-19-21; Ord. No. 2023-06, § 1(Exh. A), 2-6-23; Ord. No. 2024-14, § 1(Exh. A), 5-20-24; Ord. No. 2025-52, § 1(Exh. A), 11-3-25)

Effective on: 11/3/2025

1. A.
   Boards and commissions authorized under this chapter are authorized to adopt rules not inconsistent with Brevard City Code and North Carolina General Statutes governing the organization and activities of such board or commission. In the event a board or commission fails or elects not to adopt such rules, it shall follow the rules of procedure outlined in Suggested Rules of Procedure for Small Local Government Boards, published by the Institute of Government. Rules of procedure adopted and maintained by any board or commission shall be kept on file with the planning director and the city clerk, shall be posted on the City of Brevard website, and shall be made available to the public at any meeting or hearing pursuant to G.S. 160D-308.
2. B.
   Board and commission meetings and hearings shall be conducted in accordance with North Carolina Open Meetings Law as set forth in N.C.G.S. ch. 143, G.S. 160D-308, and shall be conducted in accordance with the procedure set forth in these regulations and rules of procedure adopted by the respective board or commission
3. C.
   Records of the proceedings of boards and commissions shall be maintained in accordance with North Carolina Public Records Law as set forth in N.C.G.S. ch. 123 and as otherwise provided within North Carolina State Law, and shall be maintained in accordance with the rules of procedure adopted by the respective board or commission.
4. D.
   Boards and commissions shall comply with any guidelines, policies, or resolutions adopted by city council that pertain to the operation of boards and commissions, including but not limited to open meetings law, records retention, and member ethics and decorum.
5. E.
   City council may remove any member of a board or commission who was appointed by city council, upon a determination that the member violated North Carolina State Law, City Code, or guidelines, policies, or resolutions adopted by city council that pertain to the operation of boards and commissions, or that the member violated the adopted rules of procedure of the board.
6. F.
   Any member of a board or commission who attends less than 75 percent of the regular and special meetings held by the board during any one year period may be removed from the board by the city council. Vacancies resulting from a member's failure to attend the required number of meetings shall be filled as provided. The chairman of the board or commission shall notify the proper appointing authority if a member is absent 25 percent of the meetings, and a new appointment may be made by the appropriate appointing authority to fill that vacancy.
7. G.
   Each board member shall take an oath of office before starting his or her duties in accordance with G.S. 160D-309. The standard form for an oath of office as provided in G.S. 11-7 is as follows:

   "I, ___________, do solemnly and sincerely swear that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; and that I will endeavor to support, maintain and defend the Constitution of said State, not inconsistent with the Constitution of the United States, to the best of my knowledge and ability; so help me God."

(Ord. No. 03-10, § 1(Exh. A), 2-15-10; Ord. No. 2020-23 , § 1(Exh. A), 10-19-20)

Effective on: 1/1/1901

1. A.
   The administrator or designee thereof shall serve as staff and secretary to the planning board, and the board of adjustment for the City of Brevard and ETJ, and shall provide assistance to the technical review committee as necessary.

(Ord. No. 03-10, § 1(Exh. A), 2-15-10; Ord. No. 2014-25, § 05(Exh. E), 12-15-14)

Effective on: 1/1/1901

1. A.
   Any member of a board or commission who attends less than 75 percent of the regular and special meetings held by the board during any one year period may be removed from the board by the city council.
2. B.
   Vacancies resulting from a member's failure to attend the required number of meetings shall be filled as provided.
3. C.
   The chairman of the board or commission shall notify the proper appointing authority if a member is absent 25 percent of the meetings, and a new appointment may be made by the appropriate appointing authority to fill that vacancy.

Effective on: 1/1/1901

1. A.
   Appointed boards. Members of appointed boards shall not vote on any advisory or legislative decision regarding a development regulation where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. An appointed board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.
2. B.
   Quasi-judicial decisions. A member of any board exercising quasi-judicial functions pursuant to this ordinance shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter.
3. C.
   Resolution of objection. If an objection is raised to a board member's participation at or prior to the hearing or vote on a particular matter and that member does not recuse himself or herself, the remaining members of the board shall by majority vote rule on the objection.

( Ord. No. 2020-23 , § 1(Exh. A), 10-19-20)

Effective on: 1/1/1901