In order to establish an orderly process by which to develop land within the jurisdiction of the City of Brevard consistent with standard development practices and terminology it is the purpose of this chapter to provide a clear and comprehensible development process that is fair and equitable to all interests including the petitioners, affected neighbors, city staff and related agencies, the City of Brevard Planning Board (hereafter, "BPB"), and the city council. The intent of this chapter is as follows:

1. A.
   To ensure that land, parcels, and lots are appropriately subdivided so that their use and development complies with all applicable requirements of this ordinance;
2. B.
   To ensure that development is in a manner generally harmonious with surrounding properties and without the endangerment of the health, safety, and general welfare of existing, prospective, or future owners, users, surrounding and adjoining properties, and the public; and
3. C.
   To provide for the adequate and efficient provision of facilities and/or infrastructure, and the dedication of land, rights-of-way, and easements, so as not to burden the fiscal resources of the city. This includes the construction of buildings and utilities, streets and sidewalks, landscaping, recreational open spaces, and other provisions required for the public good of the City of Brevard.

   The Brevard City Council shall adopt and periodically update a schedule of fees and review schedule for application and processing as specified in this ordinance. Reasonable fees are charged for support, administration, and implementation of development regulations in accordance with G.S. 160D-402.

( Ord. No. 2021-16 , § 1(Exh. A), 4-19-21)

Effective on: 1/1/1901

1. A.
   General responsibilities: The various provisions of this ordinance shall be administered by the City of Brevard Planning Department under the primary direction of the planning director. For the purposes of the administration of this ordinance, the planning director and related planning, zoning, departmental staffs are collectively referred to as the administrator.
2. B.
   Maintain records and files: The administrator shall maintain a record of all permits and approvals on file and copies shall be made available on request to interested parties.
3. C.
   Conflicts of interest: For administrative decisions regarding a development regulation, no staff member shall:

   1. 1.
      Make a final decision on an administrative decision required by this chapter if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person.
   2. 2.
      Be financially interested or employed by a business that is financially interested in a development subject to regulation under this chapter unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with a local government to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the local government, as determined by the local government.

( Ord. No. 2021-16 , § 1(Exh. A), 4-19-21)

Effective on: 1/1/1901

1. A.
   In accordance with G.S. 160D Article 7, the provisions of this chapter shall be applicable to all development activity under the jurisdiction of the City of Brevard. An application for development approval may be initiated only by the owner of the affected property, an agent authorized in writing to act on the owner's behalf, or a person having a written contractual interest in the affected property. No building, sign or other structure (except as otherwise provided for in this ordinance) shall be erected, moved, extended or enlarged or structurally altered, nor shall the use conducted within any building change, nor shall any land disturbance activity, grading, excavation or filling of any property be commenced, nor shall any vegetation be disturbed, nor shall any new use or change in the use of a property be commenced, nor shall any modification or installation of streets or other infrastructure be commenced until the administrator has issued a land development permit for such work.
2. B.
   The issuance of a land development permit is subject to the required development review process as applicable for the development petition.
3. C.
   Properties located within 1,500 feet of each other, under the same ownership and/or developed by the same developer over a period of three years or less shall be considered to be one development and reviewed as such under the applicable development procedure.
4. D.
   Notwithstanding any other provisions of this ordinance, the administrator may waive the required development review process only in the following cases when the administrator determines that the submission of a development plan in accordance with CHAPTER 17 would serve no useful purpose. For such projects a certificate of compliance shall be provided to the property owner or their representative, in accordance with G.S. 160D-403(g).

   1. 1.
      Street construction or repair.
   2. 2.
      Electric power, telephone, telegraph, cable television, gas, water, and sewer lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way.
   3. 3.
      Mailboxes, newspaper boxes, retaining walls, garden structures, play structures, recreation equipment, birdhouses, flag poles, pump covers, and doghouses.
   4. 4.
      Interior alterations and renovations requiring a county building permit which do not alter the footprint or height of an otherwise conforming use and/or structure such as AC/HVAC, re-roofing, steps, siding (except in a designated historic district), etc.
   5. 5.
      Accessory structures for all building types.
   6. 6.
      Minor improvements to a principal structure that would not equal "substantial improvement" or "significant improvement" as defined in CHAPTER 19 of this ordinance, and that would not necessitate additional review under the procedures for special use permits, conditional zoning districts, planned development districts, or other special procedures.
   7. 7.
      A change in principal use or occupancy where such change would not result in a change in lot coverage, off-street parking access or other external site characteristics, or other significant or substantial improvement.
   8. 8.
      Incidental land disturbance related to minor landscape modifications, utility repair, or other property improvements listed above, and that would not generate sedimentation or erosion, that would not cause an increase in off-site stormwater discharge, and that would not affect landscaping or vegetation that is otherwise regulated by this ordinance.

( Ord. No. 2021-16 , § 1(Exh. A), 4-19-21)

Effective on: 1/1/1901

1. A.
   From time to time, the administrator may be requested to make a written, final and binding order, requirements, or determination regarding an administrative decision.
2. B.
   Notice of decision. The official who made the decision shall give written notice to the owner of the property that is the subject of the decision and to the party who sought the decision, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail to the last address listed for the owner of the affected property on the county tax listing and to the address provided in the application or request for determination if the party seeking the decision is different from the owner. Notice given pursuant to G.S. 160D-403(b) by first-class mail shall be deemed received on the third business day following deposit of the notice for mailing with the United States Postal Service. The notice shall communicate the official's decision as well as the means whereby an appeal of that decision may be taken.
3. C.
   Posting of notice. The landowner, applicant, or person who sought the decision may post a sign prominently on the property for at least ten days as a form of constructive notice. The sign shall contain the words "Unified Development Ordinance Decision" in letters at least six inches high and identifying the means to contact an official for information about the decision. If such sign is posted, it shall be conclusively presumed that all persons with standing to appeal have constructive notice of the decision from the posting date. Posting of signs is not the only form of constructive notice. Any such posting shall be the responsibility of the landowner or applicant. Verification of the posting shall be provided to the official who made the decision.
4. D.
   Appeals. The owner of the property or such other party who has received written notice of the decision shall have 30 days from receipt of the written notice within which to file an appeal. Any other person with standing to appeal shall have 30 days from any source of actual or constructive notice of the decision within which to file an appeal, pursuant to Section 16.8.E.

( Ord. No. 2021-16 , § 1(Exh. A), 4-19-21)

Effective on: 1/1/1901

1. A.
   Applications for development approvals, including but not limited to zoning permits, special use permits, zoning map amendments, conditional zoning districts, variances, and subdivisions shall be submitted to the administrator.
2. B.
   The applicant may request a meeting with the administrator to discuss, in general, the procedures and requirements for a development approval or regulation request.
3. C.
   Determination of completeness of application. The administrator shall only accept applications for consideration by the approving authority upon a determination that all application materials as required by this ordinance have been provided. Until an application is determined to be complete in accordance with the requirements in this ordinance, an application has not been submitted. A complete application is one that:

   1. 1.
      Contains all information and materials required by this ordinance for submittal of the applicable type of application, and in sufficient detail, format, and readability for city staff to evaluate the application for compliance with applicable review standards; and
   2. 2.
      Is accompanied by the fee established for the applicable type of application.
4. D.
   Incomplete applications. On determining that the application is incomplete, the administrator shall, as appropriate, provide the applicant written notice of the submittal deficiencies. The applicant may correct the deficiencies and resubmit the application. If the applicant fails to resubmit the application within 30 days after being first notified of the submittal deficiencies, the application submittal is subject to abandonment. Once the application is abandoned, a new application must be submitted.
5. E.
   Complete application. On determining that the application is complete, the administrator shall accept the application as submitted in accordance with the procedures and standards of this ordinance in effect at the time of the submittal.

   1. 1.
      The administrator shall approve, approve with conditions, or deny development applications for which it is the approving authority, pursuant to Section 16.6, within 30 days of having first considered such application.
   2. 2.
      The administrator shall forward application materials to the appropriate approving authority upon a determination that all application materials as required by this ordinance have been provided.

( Ord. No. 2021-16 , § 1(Exh. A), 4-19-21; Ord. No. 2025-52, § 1(Exh. A), 11-3-25)

Effective on: 11/3/2025

1. A.
   Planning department staff, also referred to as the administrator, and the approving authority shall have the discretion to refer any land development permit application to a body of greater authority for consideration and approval or denial consistent with this section.
2. B.
   The administrator shall provide advisory review and comment to all boards and city council regarding the application's compliance to this section. The administrator may determine that additional review is required and request review and/or a recommendation by a board beyond the required process described herein.
3. C.
   Designation of approving authority:

4. D.
   In addition to any findings that may be otherwise required by this chapter, the approving authority shall only approve a land development application upon determination that the application meets the following requirements:

   1. 1.
      All applicable requirements of this ordinance and Brevard City Code are satisfied.
   2. 2.
      All other applicable federal, state, and local requirements and plans are satisfied.
   3. 3.
      All applicable policies and plans of the City of Brevard are satisfied.
   4. 4.
      All required system development fees, performance guarantees, or other dedications have been or will be secured.
   5. 5.
      Approval of the application will not otherwise endanger the health, safety, or welfare of the public.
   6. 6.
      The applicant agrees to adhere to all reasonable conditions and requirements imposed in accordance with this chapter.
5. E.
   The approving authority shall consider impacts upon traffic conditions, public safety, public infrastructure and services, and other relevant factors, including any proposed project's likely effect on the public health or safety in determining whether to approve or reject any land development application, and may impose such reasonable conditions as are allowed under G.S. 160D noting the applicable approval process. Findings as to such factors made by any reviewing entity shall not bind the city officer, committee, board, or council acting as the approving authority, which shall consider such factors de novo.
6. F.
   If the administrator or approving authority requires the application to be reviewed by the technical review committee (TRC) in accordance with Section 15.1, its members shall provide written comments to the planning director within 15 days of having received notification from the planning director of a land development application requiring their review, unless otherwise stated in this Chapter.
7. G.
   A permit or development approval shall be in writing, and may be issued in print or electronic form pursuant to G.S. 160D-403. Any permit or approval issued exclusively in electronic form shall be protected from further editing once issued. The permit or approval may contain a provision that the development shall comply with all applicable state and local laws. If an application is denied, the reasons for denial shall be stated in writing.
8. H.
   Typical procedures following issuance of land development permit:

   1. 1.
      Upon issuance of a land development permit, the applicant may proceed to the Transylvania County Health Department and/or Transylvania County Building Permitting and Enforcement for any necessary permits.
   2. 2.
      Upon creation of structural footers or the pouring of the first-floor slab of any building or structure, the applicant shall contact the administrator for a preliminary setback inspection. The administrator shall inspect for compliance with applicable dimensional requirements and shall issue preliminary setback approval or require modifications, as applicable.
   3. 3.
      Upon competition of all land development activity and the installation of all approved improvements the applicant shall contact the administrator to arrange for a final inspection. As authorized by G.S. 160D-403(e) and -1113, the administrator shall inspect for compliance with all applicable requirements of this ordinance and Brevard City Code. The administrator shall deny final inspection approval if full compliance with this ordinance and Brevard City Code, approved development plans, and all other requirements, is not observed. The administrator may issue conditional approval. Conditional approval shall be extended for a defined period of time and all conditions shall be clearly set forth in writing. The administrator may require the submission of final "as built" construction documents as a condition of final written approval.
   4. 4.
      Upon issuance of final approval by the administrator, the applicant shall contact the Transylvania County Building Inspection Department to request issuance of a certificate of occupancy in accordance with G.S. 160D-403(g).
   5. 5.
      The administrator shall, from time to time, inspect the building, structure, use, or other approved activity for continued compliance with this ordinance, Brevard City Code, the approved land development plan, and any other applicable requirement, and shall take such action as is necessary to ensure continued compliance, including any remedy as set forth in CHAPTER 18 of this ordinance.
9. I.
   Professional services: The administrator may secure the services of a qualified professional (e.g., licensed architect, attorney, engineer, landscape architect, arborist, surveyor, or planner) in the review of any application. 

   1. 1.
      Professional services purposes include but are not limited to: the review of floodplain development proposals, proposed infrastructure of stormwater systems, traffic impact analysis, specialized legal services, etc. 
   2. 2.
      The actual cost of professional services shall be the responsibility of the applicant. The applicant shall be informed in advance of the City’s intention to secure professional services. The applicant shall be provided with all reports generated by qualified professionals, and copies of all statements and receipts. The applicant shall reimburse the City for professional services expenditure prior to the issuance of a certificate of occupancy or final zoning / project approval.
10. J.
    Final zoning approval and certificate of occupancy:

    1. 1.
       No structure shall be used or occupied until final zoning approval has been issued by the City of Brevard and a certificate of occupancy has been issued by the Transylvania County Building Inspection Department pursuant to G.S. 160D-403(g). Such approval shall be issued with the presumption that the structure or portion of a structure is in compliance with Brevard City Code, all applicable provisions of this ordinance, any specific conditions and requirements of the city, and the information stated on the development permit.
    2. 2.
       A record of all final zoning approvals shall be kept on file in the office of the administrator, and a record of all certificates of occupancy shall be kept on file in the office of the Transylvania County Building Inspection Department. Copies shall be furnished, on request, to all interested parties.
    3. 3.
       If final zoning approval or a certificate of occupancy is denied, the reasons for such denial shall be specified in writing and provided to the applicant.
    4. 4.
       Where certain infrastructure elements have not been installed (i.e. landscaping due to time of year), a temporary final zoning approval may be issued by the administrator, and a final certificate of occupancy may be issued by Transylvania County with permission from the administrator.

     

11. K.
    Right of appeal:

    1. 1.
       If a request for a development permit is denied or if a ruling of the administrator is questioned, any aggrieved party may appeal such ruling to the board of adjustment (hereafter, "BOA") in accordance with this chapter and G.S. 160D-405.
    2. 2.
       Appeals of a ruling of the BPB, the BOA, or city council shall be heard by the Superior Court of Transylvania County. In accordance with G.S. 160D-1402, the aggrieved party may request a stay of execution or enforcement of the decision of the quasi-judicial board pending superior court review. If in the absence of a stay, an applicant proceeds with development, the person does so at his or her own risk.

(Ord. No. 2021-16 , § 1(Exh. A), 4-19-21, Ord. No. 2023-06, § 1(Exh. A), 2-6-23; Ord. No. 2023-34, § 1(Exh. A), 8-7-23; Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2025-52, § 1(Exh. A), 11-3-25)

Effective on: 11/3/2025

1. A.
   The purpose of this section is to establish uniform procedures for legislative decisions. In accordance with G.S. 160D-102(1), a legislative decision is the adoption, amendment, or repeal of a development regulation. It also includes the decision to approve, amend, or rescind a development agreement consistent with the provisions of Section 16.11.
2. B.
   Outline of review procedures for legislative decisions.

FIGURE 16.7A: REVIEW PROCEDURES FOR LEGISLATIVE DECISIONS

FIGURE 16.7A: REVIEW PROCEDURES FOR LEGISLATIVE DECISIONS

FIGURE 16.7A: REVIEW PROCEDURES FOR LEGISLATIVE DECISIONS

FIGURE 16.7A: REVIEW PROCEDURES FOR LEGISLATIVE DECISIONS

3. C.
   General procedures for amending development regulations. Before adopting amending, or repealing any ordinance or development regulation, the city council shall hold a legislative hearing pursuant to the procedures outlined below, in G.S. 160D Article 6, and in Sections 16.7.D, 16.7.E, and 16.7.F when applicable.

   1. 1.
      Application required. An adoption, amendment, or repeal of a development regulation may be initiated by the city council, the BPB, the planning department, the city manager, or any private citizen filing an application with the administrator.

      1. a.
         Applicants shall submit a description or narrative stating why the proposed amendment or conditional zoning district is requested.
      2. b.
         In accordance with G.S. 160D-601, no amendment to zoning regulations or a zoning map that down-zones property shall be initiated nor shall it be enforceable without the written consent of all property owners whose property is the subject of the down-zoning amendment, unless the down-zoning amendment is initiated by the city. For purposes of this section, "down-zoning" is defined by G.S. 160D-601(d).
      3. c.
         Amendments to zoning ordinances shall not be initiated, applicable or enforceable without consent of the owner with regard to buildings and uses for which either:

         1. i.
            Building permits have been issued pursuant to G.S. 160D-403 prior to the enactment of the ordinance making the change or changes so long as the permits remain valid and unexpired unrevoked pursuant to G.S. 160D-403, or
         2. ii.
            A vested right has been established and remains valid and unexpired pursuant to Section 16.10.
   2. 2.
      Administrative review procedure:

      1. a.
         The applicant shall submit the completed application, pursuant to Section 16.5, at least 60 calendar days prior to the meeting of the BPB at which the petition is to be heard. For urgent matters, the administrator may request the BPB to review the application at an earlier meeting if processing time permits.
      2. b.
         The administrator shall review and comment on the application and supporting materials in accordance with Section 16.6.
      3. c.
         The administrator shall forward the petition to the BPB for review and recommendation to the city council.
   3. 3.
      Brevard Planning Board review and comment: The BPB shall review and make recommendations to city council on any development regulations assigned to city council in Section 16.6.B, pursuant to G.S. 160D-604.

      1. a.
         All proposed amendments to the development regulations or zoning map shall be submitted to the BPB for review and comment. If no written report is received from the BPB within 30 days of referral of the amendment to that board, the city council may act on the amendment without the BPB report. The city council is not bound by the recommendations, if any, of the BPB.
      2. b.
         When conducting a review of proposed zoning text or map amendments, the BPB shall consider the Comprehensive Land Use Plan and other adopted plans and policies when making a recommendation and shall submit a consistency statement with their findings whether the application complies with the applicable plans.
      3. c.
         All recommendations shall be by majority vote.
      4. d.
         The BPB shall make one of the following recommendations with regard to a petition to amend the text of a development regulation:

         1. i.
            Adoption of the amendment as written;
         2. ii.
            Adoption of the amendment as revised by the BPB; or
         3. iii.
            Rejection of the amendment.
   4. 4.
      Notification requirements: A notice of the legislative hearing shall be published in a newspaper having general circulation in the city once a week, for two successive weeks, the first notice to be published not less than ten days nor more than 25 days prior to the date established for the hearing.
   5. 5.
      Citizen comments:

      1. a.
         Development regulations may from time to time be amended, supplemented, changed, modified, or repealed. Citizens shall be provided an opportunity to comment, in writing, upon such proposed amendment, modification, or repeal. No comment on or protest against any change in or amendments to a development regulation shall be valid or effective for the purposes of G.S. 160D-603 unless it be in the form of a written statement bearing the signatures of property owners. The statement shall be submitted to the city clerk at least one week prior to the date established for the legislative hearing on the proposed change or amendment. The city clerk shall deliver such written statement to city council.
      2. b.
         The city council may by ordinance require that all citizen comments be on a form prescribed and furnished by the city, and such form may prescribe any reasonable information deemed necessary to permit the city to determine sufficiency and accuracy of the commenters.
      3. c.
         A person who has signed a written statement may withdraw his or her name from the protest at any time prior to the vote on the proposed development regulation amendment.
   6. 6.
      Legislative hearing: Once the BPB has made a recommendation on an application for a text amendment or rezoning, the city council shall hold a legislative public hearing on the application. Due to the legislative nature of those applications for which council is the approving authority, council may choose to table, approve, approve with conditions, or deny such applications at its discretion. However, council shall approve, approve with conditions, or deny any land development application for which it is the approving authority by means of referral in accordance with Section 16.6.A within 90 days of having first considered such application. Legislative decisions for development regulations may be finally adopted, by affirmative simple majority vote, on the date on which the regulation is introduced. For purposes of this section, an application shall be deemed to have been introduced on the date the subject matter is first voted on by council.

      1. a.
         The city council shall consider the Comprehensive Land Use Plan and other adopted plans and policies when making a decision and must adopt a consistency statement indicating whether the application complies with the approved plans in accordance with G.S. 160D-605(a).
      2. b.
         A decision concerning a petition to amend the text of this ordinance shall be as follows:

         1. i.
            Adoption of the amendment as written;
         2. ii.
            Adoption of the amendment as revised by the BPB or by city council;
         3. iii.
            Rejection of the amendment;
         4. iv.
            Send the application back to the BPB for further study and consideration; or
         5. v.
            Call for additional public hearings on petitions brought before them.
      3. c.
         In the instance of a failure to vote by a member who is physically present in the council chamber, or who has withdrawn due to a conflict-of-interest without being excused by a majority vote of the remaining members present, the failure to vote shall not be included as an affirmative or negative vote.
   7. 7.
      Rehearing:

      1. a.
         An application for a rehearing shall be made in the same manner as provided for an original hearing within a period of 15 days after the date of the city council decision.
      2. b.
         Specific information to enable the city council to determine whether or not there has been a substantial change in facts, evidence, or conditions in the case, shall be presented in writing or graphically.
      3. c.
         A rehearing shall be denied by the city council, if in its judgment a prima facie case for such change has not been alleged.
      4. d.
         A legislative hearing shall not be required to be held by the city council to consider holding such a rehearing. Approval of said consideration shall, however, require an affirmative vote of at least four voting members. In the event that the city council finds that a rehearing is warranted, it shall then proceed as in the original hearing except that the application fee shall be waived.
      5. e.
         Every decision of the city council shall be subject to review by the Superior Court Division of the General Courts of Justice of the State of North Carolina by proceedings in the nature of certiorari. Any petition for review by the Superior Court shall be duly verified and filed with the Clerk of Superior Court within 30 days after the decision of the board is filed in the office of the city clerk, or after a written copy is delivered to an aggrieved party who has filed a written request for such copy with the administrator at the time of the hearing of the case by the city council, whichever is later.
   8. 8.
      Application withdrawal:

      1. a.
         The petitioner may withdraw his or her application before submission of the public notice to the newspaper announcing the legislative hearing.
      2. b.
         After submission of such notice, an application may be withdrawn at the discretion of city council at the legislative hearing.
4. D.
   Procedures for zoning map amendments. Applications for zoning map amendments shall be processed, considered, and voted upon using the same procedures and subject to the same requirements as those established in Section 16.7.C except at provided below:

   1. 1.
      Notification requirements: Hearings on proposed zoning map amendments require additional public notices in accordance with G.S. 160D-602. Additional notification of the public hearing shall be as follows:

      1. a.
         A notice of a proposed change to the official map shall be sent by first-class mail by the administrator to the affected property and to all abutting property owners. For the purpose of this section, properties are "abutting" even if separated from the subject property by a street, railroad, or other transportation corridor. This notice must be deposited in the mail at least ten but not more than 25 days prior to the date of the hearing.
      2. b.
         The first-class mail notice required under subsection (a) of this section shall not be required when the zoning reclassification action directly affects more than 50 properties, owned by a total of at least 50 different property owners, and the city elects to use the expanded published notice procedures provided that the advertisement shall not be less than one-half newspaper page in size. The local government will publish the notice of a hearing in a newspaper having general circulation in the city once a week, for two successive weeks, the first notice to be published not less than ten days nor more than 25 days prior to the days prior to the date established for the hearing. The notice shall only be effective for the property owners who reside in the area of general circulation of the newspaper which published the notice. Property owners who reside outside of the city's jurisdiction or outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified by mail pursuant to this section. The person or persons mailing the notices shall certify to the city council that fact, and the certificates shall be deemed conclusive in the absence of fraud.
      3. c.
         One or more prominent signs with the notice of the hearing shall be posted on the subject property or properties beginning not less than ten days nor more than 25 days prior to the date established for the hearing. Such notice shall state a phone number to contact during business hours for information. The sign shall remain until after the city council has rendered its final decision.
      4. d.
         When a zoning map amendment is proposed and if substantial impact on the neighborhood can be anticipated, the administrator shall have the right to require a neighborhood compatibility meeting in order to gather neighborhood feedback, and may require the person proposing the zoning map amendment to report on any communication with neighboring property owners and residents. A substantial impact on the neighborhood includes but is not limited to applications for zoning map amendments affecting multiple parcels with separate owners and for conditional zoning districts that request modifications to the density, dimensional and setback requirements enumerated in CHAPTER 2.
   2. 2.
      Brevard Planning Board review and comment:

      1. a.
         When a zoning map amendment is initiated by the City, the administrator shall send a notice of the Planning Board meeting by first-class mail to the affected property owners in the affected area. This notice must be deposited in the mail at least ten but not more than 25 days prior to the date of the meeting. If the proposal affects more than 50 properties, the administrator may utilize the notification procedure outlined in Section D.1.b. 
      2. b.
         In place of the recommendations outlined in Section 16.7.C, the BPB shall make one of the following recommendations with regard to a petition for a zoning map amendment:

         1. i.
            Grant the zoning map amendment as requested;
         2. ii.
            Grant the zoning map amendment with a change of the area requested;

            1. (A)
               If the change in area is an expansion of the area requested, the Board shall hold a second meeting discussing the expanded area. The administrator shall send a notice of the meeting by first-class mail to the affected property owners in the proposed expanded area. This notice must be deposited in the mail at least ten but not more than 25 days prior to the date of the second meeting. If the proposal affects more than 50 properties, the administrator may utilize the notification procedure outlined in Section D.1.b.
            2. (B)
               If the change in area is a reduction of the area requested. Then no additional meetings or notifications are required.
         3. iii.
            Grant the zoning map amendment to a more restrictive general zoning district or districts; or
         4. iv.
            Deny the application.
      3. c.
         The BPB shall submit a statement analyzing the reasonableness of any proposal for a zoning map amendment. The statement of reasonableness may consider, among other factors:

         1. i.
            The size, physical conditions, and other attributes of any area proposed to be rezoned;
         2. ii.
            The benefits and detriments to the landowners, the neighbors, and the surrounding community;
         3. iii.
            The relationship between the current actual and permissible development and the development permissible under the proposed amendment;
         4. iv.
            Why the action taken is in the public interest; and
         5. v.
            Any changed conditions warranting the amendment.
   3. 3.
      Legislative hearing:

      1. a.
         In addition to the general procedures outlined in Section 16.7.C.7, when adopting or rejecting any petition for a zoning map amendment, a statement analyzing the reasonableness of the proposed rezoning must be approved by the city council in accordance with G.S. 160D-605. The statement of reasonableness and the plan consistency statement may be approved as a single statement.
      2. b.
         In place of the decisions outlined in Section 16.7.C.7(b), a decision concerning a petition for a zoning map amendment shall be as follows:

         1. i.
            Grant the zoning map amendment as requested;
         2. ii.
            Grant the zoning map amendment with a reduction in the area requested;
         3. iii.
            Grant the zoning map amendment to a more restrictive general zoning district;
         4. iv.
            Grant the zoning map amendment with a combination of (ii) and (iii) above;
         5. v.
            Deny the application;
         6. vi.
            Send the application back to the BPB for further study and consideration; or
         7. vii.
            Call for additional legislative hearings on petitions brought before them.
      3. c.
         In accordance with G.S. 160D-605, if a zoning map amendment is adopted and the action was deemed inconsistent with the adopted plan, the zoning amendment shall have the effect of also amending any future land use map in the approved plan, and shall be required. A plan amendment and a zoning amendment may be considered concurrently, and does not require a separate application fee for a plan amendment.
5. E.
   Procedures for conditional zoning districts. Applications for conditional zoning shall be processed, considered, and voted upon using the same procedures and subject to the same requirements as those established in Section 16.7.D for zoning map amendments, except as provided below:

   1. 1.
      Application required:

      1. a.
         A conditional zoning district application shall be considered only upon request of the owner of the affected property or a duly authorized representative of the property owner. When applying for conditional zoning, the owner shall specify the nature of the proposed development and shall propose conditions to ensure compatibility with the surrounding uses and consistency with adopted plans.
      2. b.
         The applicant shall submit a final master plan or a preliminary master plan, pursuant to Section 17.5. If the applicant submits a final master plan as part of the initial application, subsection 5 below shall not be applicable.
      3. c.
         The applicant shall submit a recent survey of the parcel( s) completed within three years of the application submittal.
      4. d.
         The administrator may request an environmental survey.
      5. e.
         The administrator may require any other documentation, such as building elevations, deemed necessary by the administrator in order to provide a complete and accurate description of the proposed development.
   2. 2.
      Administrative review procedure: The administrator may require that the application be circulated to any relevant city, county, and state agencies, committees and officials for comment(s) as to the proposed development's conformance to all applicable standards and requirements and whether approval is recommended.
   3. 3.
      Brevard Planning Board review and comment:

      1. a.
         The BPB shall make one of the following recommendations with regard to a petition for a conditional zoning district:

         1. i.
            Grant the creation of the district as request;
         2. ii.
            Grant the creation of the district with a reduction of the area requested;
         3. iii.
            Include recommended conditions for the district;
         4. iv.
            Continued BPB consideration of the application in order to receive further information; or
         5. v.
            Deny the application.
   4. 4.
      Legislative hearing:

      1. a.
         During the adoption of a conditional zoning district, specific conditions may be proposed by the applicant, city council, BPB, technical review committee, or administrator, but only those conditions mutually approved in writing by city council and the applicant shall be incorporated into the zoning regulations and permit requirements. Conditions and site specific standards imposed in a conditional zoning district shall be limited to those that address the conformance of the development and use of the site to city ordinances, the adopted Comprehensive Land Use Plan or other plans, or the impacts reasonably expected to be generated by the development or use of the site.
      2. b.
         The conditions agreed upon pursuant to the conditional zoning approval may include but are not limited to:

         1. i.
            Allocating and/or limiting the land uses which are permitted on the property;
         2. ii.
            Specifying locations on the property of the proposed structure(s);
         3. iii.
            The number of dwelling units and density;
         4. iv.
            The location and extent of supporting facilities such as parking lots, driveways, and access streets;
         5. v.
            The location and extent of buffer areas and other special purpose areas;
         6. vi.
            The timing of development;
         7. vii.
            The height of structures;
         8. viii.
            The location and extent of rights-of-way and other areas to be dedicated for public purposes; and
         9. ix.
            Other such matters as may be identified as appropriate for the proposed development.
      3. c.
         City council may approve the preliminary master plan provided that the enacting ordinance sets forth specific requirements to be satisfied by a master plan and subsequent site plans, construction documents, and subdivision plats.
      4. d.
         A decision concerning a petition for a conditional zoning district shall be as follows:

         1. i.
            Grant the creation of the district as requested with agreed upon conditions;
         2. ii.
            Grant the creation of the district with a reduction in the area requested with agreed upon conditions;
         3. iii.
            Deny the application;
         4. iv.
            Send the application back to the BPB for further study and consideration; or
         5. v.
            Call for additional legislative hearings on petitions brought before them.
      5. e.
         Upon adoption of an enacting ordinance establishing a conditional zoning district, the official zoning map of the City of Brevard shall be amended to add the district.
   5. 5.
      Procedures following preliminary master plan approval. Unless a final master plan was approved at the time of creation of a conditional zoning district, then within one year of the enactment of the ordinance creating the district, or such other period, not to exceed five years, specified in said ordinance, the applicant shall submit a final master plan for development, or any phase thereof, meeting the requirements of Section 17.5. The provisions contained herein relating to submittal of final master plans may be modified by means of a development agreement between the developer and the City of Brevard, pursuant to Section 16.11.

      1. a.
         Upon receipt of a final master plan, the planning director shall review it for completeness and for compliance with the conditions and standards imposed in the enacting ordinance if the planning director determined that the plan is complete and does not constitute a major modification of the enacting ordinance pursuant to Section 16.9, including all conditions attached thereto and the approved preliminary master plan, he or she shall forward it to the BPB for its consideration. City council may require, as a condition at the time of creation of the conditional zoning district, that council be the approving authority for final master plan approval.
      2. b.
         If the approving authority determined that the final master plan complies with the enacting ordinance, including all conditions attached thereto, and with the approved preliminary master plan and with all applicable regulations, it shall grant final master plan approval for the development or a phase thereof, as applicable.
   6. 6.
      Modifications. Modifications to approved conditional zoning districts, including the enacting ordinance, an approved preliminary master plan, or the final master plan shall be in accordance with Section 16.9.
   7. 7.
      Issuance of permits:

      1. a.
         Demolition permits may be issued based upon an approved preliminary master plan. However, no permit shall be issued for the construction, remodel, or rehabilitation of any structure within the area of a conditional zoning district, nor shall any structure be approved within the area of a conditional zoning district, until a master plan has been approved by the approving authority and, subsequently, site plans, construction documents, and/or subdivision plats, as applicable, have been approved by the administrator. No subdivision of land within a conditional zoning district shall be permitted prior to final master plan approval unless the ordinance creating the district provides otherwise.
      2. b.
         Following approval of the final master plan of any conditional zoning district, the applicant shall submit to the administrator applications for subdivision and/or development approvals within one year of the date of final master plan approval. The administrator shall follow the applicable procedures in this chapter for subdivision and development approvals, and shall verify that all applicable requirements of the ordinance and conditions of city council are satisfied prior to granting approval. The administrator shall require any additional construction documents needed for permitting and evidence of approval of any other permit required by any other federal, state, or local agency (i.e., NCDOT permits, NCDEQ permits, Army Corps of Engineers permits, etc.).
   8. 8.
      If for any reason any provision of an enacting ordinance of a conditional zoning district is found to be illegal or invalid, or if the applicant should fail to provide written consent to any condition, the entire ordinance enacting the applicant' s individual conditional zoning district shall be null and void. If the applicant shall fail to adhere to any condition set forth in the enacting ordinance for a conditional zoning district, the administrator may employ the remedies set forth in CHAPTER 18 or may initiate appropriate action to rezone the affected property to another zoning classification. The applicant' s failure to adhere to one or more conditions shall constitute a rational basis for rezoning of the land contained within a conditional zoning district.
   9. 9.
      If no action has been taken to begin development of the property in accordance with a conditional zoning ordinance within 24 months of its approval by city council or such other period, not to exceed five years, specified in the conditional zoning ordinance, the administrator may initiate appropriate action to rezone the affected property to any other classification. Such failure to begin development shall constitute a rational basis for rezoning the land contained within a conditional zoning district.
   10. 10.
       If the use or uses commenced pursuant to an enacting ordinance of a conditional zoning district section are abandoned or discontinued for a period of 180 days, the administrator may initiate appropriate action to rezone the affected property to any other classification. Such abandonment or discontinuance shall constitute a rational basis for rezoning of the land contained within a conditional zoning district.
6. F.
   Procedures for extension of the Extraterritorial Jurisdiction (ETJ). Applications for extending the ETJ shall be processed, considered, and voted upon using the same procedures and subject to the same requirements as those established in Section 16.7.C except as provided below:

   1. 1.
      Notification requirements: A notice of a proposed extension of the ETJ shall be sent by first-class mail by the administrator to the last address listed for the affected property owners. The notice shall be mailed at least 30 days prior to the date of the hearing by following the procedures and containing information in accordance with G.S. 160D-202(d). In the instance of a single hearing for both a zoning map amendment and an ETJ extension, the initial notice of the zoning map amendment hearing may be combined with the boundary hearing notice.
   2. 2.
      Legislative hearing: In accordance with G.S. 160D-202(a), if a zoning map amendment is being proposed in conjunction with an expansion of municipal extraterritorial planning and development regulation jurisdiction, a single hearing on the zoning map amendment and the boundary amendment may be held.
   3. 3.
      The city shall take any other measures consistent with G.S. 160D-204 in order to adopt and apply its development regulations for the area at the same time it assumes jurisdiction.

( Ord. No. 2021-16 , § 1(Exh. A), 4-19-21; Ord. No. 2021-21 , § 1(Exh. A), 5-17-21; Ord. No. 2024-04, § 1(Exh. A), 3-18-24; Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2025-52, § 1(Exh. A), 11-3-25)

Effective on: 11/3/2025

1. A.
   Outline of review procedures for quasi-judicial decisions.

FIGURE 16.8A: REVIEW PROCEDURES FOR QUASI-JUDICIAL DECISIONS

FIGURE 16.8A: REVIEW PROCEDURES FOR QUASI-JUDICIAL DECISIONS

FIGURE 16.8A: REVIEW PROCEDURES FOR QUASI-JUDICIAL DECISIONS

FIGURE 16.8A: REVIEW PROCEDURES FOR QUASI-JUDICIAL DECISIONS

2. B.
   General procedures. In accordance with G.S. 160D-102, a quasi-judicial decision is a process that involves the finding of facts regarding a specific application of a development regulation and that requires the exercise of discretion when applying the standards of the regulation. Quasi-judicial decisions include but are not limited to decisions involving variances, special use permits, certificates of appropriateness, and appeals of administrative decisions that are final and binding. Pursuant to G.S. 160D-406, the board shall follow quasi-judicial procedures for all quasi-judicial decisions.

   1. 1.
      Procedure for filing appeals and applications. Notices of appeal shall be filed with the city clerk. Applications for variances and special use permits​​​​​​​ shall be filed with the administrator in accordance with Section 16.5. Certificates of appropriateness are outlined in CHAPTER 20 of this Ordinance.
   2. 2.
      Notice of evidentiary hearing. Notice of evidentiary hearings conducted pursuant to this section shall be mailed to the person or entity whose appeal or application is the subject of the hearing; to the owner of the property that is the subject of hearing if the owner did not initiate the hearing; to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing; and to any other persons entitled to receive notice as provided by these regulations. In the absence of evidence to the contrary, the city may rely on the Transylvania County tax listing to determine owners of property entitled to mailed notice. The notice must be deposited in the mail at least ten days, but not more than 25 days, prior to the date of the hearing. Within that same time period, the city shall also prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway right-of-way. The board may continue an evidentiary hearing that has been convened without further advertisement. If an evidentiary hearing is set for a given date and a quorum of the board is not then present, the hearing shall be continued until the next regular board meeting without further advertisement.
   3. 3.
      Administrative materials. The administrator or staff to the board shall transmit to the board all applications, reports, and written materials relevant to the matter being considered. The administrative materials may be distributed to the members of the board prior to the hearing if at the same time they are distributed to the board a copy is also provided to the appellant or applicant and to the landowner if that person is not the appellant or applicant. The administrative materials shall become a part of the hearing record. The administrative materials may be provided in written or electronic form. Objections to inclusion or exclusion of administrative materials may be made before or during the hearing. Rulings on unresolved objections shall be made by the board at the hearing.
   4. 4.
      Hearings. The board shall conduct an evidentiary hearing on the appeal or application. It shall determine contested facts and make its decision within 45 days of the conclusion of hearing. The board's decision shall be based upon competent, material, and substantial evidence in the record of the hearing.

      1. a.
         The applicant, the city, and any person who would have standing to appeal the decision under G.S. 160D-1402 shall have the right to participate as a party at the evidentiary hearing. Other witnesses may present competent, material, and substantial evidence that is not repetitive as allowed by the board. Opinion testimony from a lay witness shall not be considered competent evidence for technical matters such as property value, traffic impacts, or other matters about which only expert testimony would generally be admissible under the rules of evidence.
      2. b.
         Objections regarding jurisdictional and evidentiary issues, including but not limited to, the timeliness of an appeal, the inclusion or exclusion of administrative material, or the standing of a party, may be made to the board. The board chair shall rule on any objections and the chair's rulings may be appealed to the full board. These rulings are also subject to judicial review pursuant to G.S. 160D-1402. Objections based on jurisdictional issues may be raised for the first time on judicial review.
      3. c.
         Witnesses shall testify under oath. The chair of the board or any member acting as chair and the clerk to the board are authorized to administer oaths to witnesses in any matter coming before the board. Any person who, while under oath during a proceeding before the board determining a quasi-judicial matter, willfully swears falsely is guilty of a Class 1 misdemeanor.
      4. d.
         The official who made the decision, or the person currently occupying that position if the decision-maker is no longer employed by the city, shall be present at the hearing as a witness. The appellant shall not be limited at the evidentiary hearing to matters stated in the notice of appeal. If any party or the city would be unduly prejudiced by the presentation of matters not presented in the notice of appeal, the BOA shall continue the hearing.
      5. e.
         When hearing an appeal in the nature of certiorari, the hearing shall be based on the record below and the scope of review shall be as provided in G.S. 160D-1402(j).
      6. f.
         The concurring vote of four-fifths of the board shall be necessary to grant a variance. A majority of members shall be required to decide any other quasi-judicial matter or to determine an appeal in the nature of certiorari. For the purposes of this paragraph, vacant positions on the board and members who are disqualified from voting on a quasi-judicial matter under Section 15.5 shall not be considered members of the board for calculation of the requisite majority if there are no qualified alternates available to take the place of such members.
      7. g.
         The decision shall be reduced to writing and reflect the board's findings of contested facts, if any, the facts' application to applicable standards, and conclusions of law. The written decision shall be approved by the board and signed by the chair or other duly authorized member of the board. The decision of the board shall be effective upon filing such decision with the clerk to the board. The clerk shall see that the decision is delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, any entity granted party status at the hearing, and to any person who has submitted a written request for a copy, prior to the date the decision becomes effective and shall certify that proper notice has been made.
   5. 5.
      Burden of persuasion. In all quasi-judicial hearings, the applicant or appellant, as the case may be, shall have the burden of persuasion.
   6. 6.
      Rehearings.

      1. a.
         An application for a rehearing shall be made in the same manner as provided for an original hearing within a period of 15 days after the date of the board's decision. In addition, specific information to enable the board to determine whether or not there has been a substantial change in facts, evidence, or conditions in the case, shall be presented in writing or graphically. A rehearing shall be denied by the board, if, in its judgment, a prima facie case for such change has not been alleged. A quasi-judicial hearing shall not be required to be held by the board to consider holding such a rehearing. Approval of said consideration shall, however, require an affirmative vote of at least four-fifths of the board for a variance and a simple majority for all other matters. In the event that the board finds that a rehearing is warranted, it shall proceed as in the original hearing except that the application fee shall be waived.
   7. 7.
      Appeals of the BOA's decisions. Every quasi-judicial decision of the BOA under this section shall be subject to review by the Superior Court Division of the General Courts of Justice of the State of North Carolina by proceedings in the nature of certiorari. A petition for review shall be filed with the clerk of superior court within the times specified in G.S. 160D-1405(d).
3. C.
   Procedures for special use permits. Special uses are generally compatible with the land uses permitted by right in a zoning district but require individual review of their location, design, and configuration so as to evaluate the potential for adverse impacts on adjacent property and uses. Special uses ensure the appropriateness of the use at a particular location within a given zoning district. Only those uses enumerated as special uses in a zoning district shall be authorized by the BOA. Applications for special use permits shall be processed, considered, and decided upon using the same procedures and subject to the same requirements as those established in Section 16.8.A, except as provided below.

   1. 1.
      Application required.

      1. a.
         The applicant shall submit a sketch plan, in accordance with Section 17.4.
      2. b.
         The applicant shall submit a description or narrative stating why the special use is requested.
      3. c.
         The administrator may request an environmental survey.
      4. d.
         The administrator may require any other documentation, such as construction documents and building elevations, deemed necessary by the administrator in order to provide a complete and accurate description of the proposed use.
   2. 2.
      Administrative review procedure.

      1. a.
         The applicant shall submit the completed application, pursuant to Section 16.5 at least 45 days prior to the BOA meeting at which it will first be reviewed. For urgent matters, the administrator may request the BOA to review the application at an earlier meeting if processing time permits.
      2. b.
         The administrator shall review and comment on the application and supporting materials in accordance with Section 16.6.
      3. c.
         The administrator may require that the application and supporting materials be reviewed by the technical review committee (TRC) in accordance with Section 15.1.
      4. d.
         The administrator may require that the application be circulated to other relevant city, county, and state agencies and officials for comment(s) as to the proposed development's conformance to all applicable standards and requirements and whether approval is recommended.
      5. e.
         The administrator may require a neighborhood compatibility meeting in order to gather neighborhood feedback, and may require the person proposing the special use permit to report on any communication with neighboring property owners and residents.
      6. f.
         Once the administrator has reviewed the application and circulated it to other relevant agencies, committees, and officials, the administrator shall transmit the application to the BOA for action.
   3. 3.
      Hearings.

      1. a.
         The evaluation and approval of the special use permit shall be based upon the sworn testimony and evidence presented at the hearing relevant to the following findings of fact:

         1. i.
            The use meets all requirements and specifications of the ordinance and any adopted land use plans and is in harmony with the general purpose and intent and preserves its spirit; and
         2. ii.
            The proposed use or structure will, if developed according to the plan submitted and approved, be visually and functionally compatible to the surrounding area; and
         3. iii.
            The proposed use or structure will not be injurious to the public health, safety, and welfare, and will not be detrimental to the value of adjoining property and associated uses.
      2. b.
         The BOA may require a traffic impact study, an environmental survey or impact statement, and any other additional information or evidence as necessary to properly consider the application.
   4. 4.
      Permit approval.

      1. a.
         In approving an application for a special use permit, the BOA may attach reasonable and appropriate conditions on the location, nature, and extent of the proposed use, which support the required findings of fact. Where appropriate, such conditions may include requirements that street and utility rights-of-way be dedicated to the public and that provision be made for recreational space and facilities. These conditions shall not include requirements for which the city does not have the statutory authority to impose or for which the courts have held to be unenforceable if imposed directly the city. Only those conditions mutually approved in writing by the BOA and the applicant shall be incorporated into the permit requirements.
      2. b.
         The BOA may not require the landowner to waive a vested right as a condition of the special use permit approval. The burden of proof of producing evidence to support these findings and to overcome any challenges that approval of the plan would be contrary to one or more of these findings shall rest entirely with the applicant or landowner.
      3. c.
         Following the approval of the special use permit by the BOA, the applicant shall submit to the administrator all construction documents and any other documents specified by CHAPTER 17 for project development approval and administration. The administrator shall require evidence of approval of any other permit required by any other federal, state, or local agency (i.e., NCDOT permits, NCDENR permits, Army Corps of Engineers permits, etc.).
   5. 5.
      Effect of approval. If an application is approved, the special use permit that is established and all conditions which may have been attached to the approval are binding on the property. All subsequent development and use of the property must be in accordance with the approved plan and conditions. The approved special use permit shall be recorded with the Transylvania County Register of Deeds and a copy of the recordation be submitted to the city, pursuant to G.S. 160D-705(c).
   6. 6.
      Modifications. Modifications to an approved special use permit shall be in accordance with Section 16.9.
   7. 7.
      Revocation of special use permits.

      1. a.
         Revocation of special use permits shall be conducted pursuant to Section 16.13.
      2. b.
         In addition to the reasons for revocation outlined in Section 16.13, the applicant must secure a valid building permit within a 12-month period from date of approval of the special use permit unless otherwise specified.
4. D.
   Procedures for administrative appeals. Appeals of administrative decisions and development approvals shall follow the same procedures and be subject to the same requirements as those established in Section 16.8.A except as provided below:

   1. 1.
      Applicability. In accordance with G.S. 160D-405, the BOA shall hear and decide appeals of final and binding decisions made by administrative officials charged with enforcement of any development regulations, including administrative modifications and denials of development permits. Any person who has standing under G.S. 160D-405 or the city may appeal a decision to the BOA. The owner of the property or any other party with standing shall have 30 days from receipt of notice, pursuant to Section 16.4, within which to file a notice of appeal stating the grounds for appeal.
   2. 2.
      Stays.

      1. a.
         An appeal of a notice of violation or other enforcement order stays enforcement of the decision appealed from and accrual of any fines assessed unless the official who made the decision certifies to the BOA after notice of appeal has been filed that, because of the facts stated in an affidavit, a stay would cause imminent peril to life or property or, because the violation is transitory in nature, a stay would seriously interfere with enforcement of the development regulations. In that case, enforcement proceedings shall not be stayed except by a restraining order, which may be granted by a court. If enforcement proceedings are not stayed, the appellant may file with the official a request for an expedited hearing of the appeal, and the board shall meet to hear the appeal within 15 days after such a request is filed.
      2. b.
         Notwithstanding the foregoing, appeals of decisions granting a development approval or otherwise affirming that a proposed use of property is consistent with the development regulations shall not stay further review of an application for development approvals to use such property; in these situations the appellant or city may request, and the BOA may grant, a stay of a final decision of development approval applications, including building permits affected by the issue being appealed.
   3. 3.
      Hearings. The board may reverse or affirm, wholly or partly, or may modify the decision appealed from and shall make any order, requirement, decision, or determination that ought to be made. The board shall have all powers of the official who made the decision.
   4. 4.
      Alternative dispute resolution. The parties to an appeal may agree to mediation or other forms of alternative dispute resolution.
5. E.
   Procedures for variances. Except as limited herein, the board of adjustment shall have the authority to vary provisions of the UDO in accordance with this section. Applications for variances shall follow the same procedures and be subject to the same requirements as those established in Section 16.8.A except as provided below.

   1. 1.
      Administrative review procedure:

      1. a.
         The applicant shall submit the completed application, pursuant to Section 16.5 at least 45 days prior to the BOA meeting at which it will first be reviewed. For urgent matters, the administrator may request the BOA to review the application at an earlier meeting if processing time permits.
      2. b.
         The administrator shall review and comment on the application and supporting materials in accordance with Section 16.6.
      3. c.
         The administrator may require that the application and supporting materials be reviewed by the technical review committee (TRC) in accordance with Section 15.1.
      4. d.
         The administrator may require that the application be circulated to other relevant city, county, and state agencies and officials for comment(s) as to the proposed development's conformance to all applicable standards and requirements and whether approval is recommended.
      5. e.
         Once the administrator has reviewed the application and circulated it to other relevant agencies, committees, and officials, the administrator shall transmit the application to the BOA for action.
   2. 2.
      Standards for granting variances. Except as limited by subsection 16.8.D.4, below, when unnecessary hardships would result from carrying out the strict letter of the UDO, the BOA shall vary such regulations upon a showing of all of the following:

      1. a.
         Unnecessary hardship would result from the strict application of the regulations. It is not necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
      2. b.
         The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability.
      3. c.
         The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.
      4. d.
         The requested variance is consistent with the spirit, purpose, and intent of the regulations, such that public safety is secured, and substantial justice achieved. Substantial justice is not achieved when granting the variance would be injurious to the neighborhood or to the general welfare.
   3. 3.
      Guiding principles. In judging a request for a variance, the BOA shall be guided by the following principles:

      1. a.
         The hardship of which the applicant complains is one suffered by the applicant rather than by neighbors or the general public;
      2. b.
         The hardship relates to the applicant's land, rather than personal circumstances;
      3. c.
         The hardship is unique, or nearly so, rather than one shared by many surrounding properties;
      4. d.
         The hardship is not the result of the applicant's own actions; and
      5. e.
         The fact that the property could be utilized more profitably or conveniently with the variance than without the variance shall not constitute an unnecessary hardship.
      6. f.
         Hardships for the following regulations are shared across many properties, are broadly required for public safety and general welfare, and are unlikely to create a situation warranting a variance.

         1. i.
            To provide relief from the requirements of Section 9.5 for visibility at street intersections and driveways. In order to ensure that the requested variance is consistent with the spirit, purpose, and intent of the regulations, such that public safety is secured and substantial justice is achieved, the following additional requirements shall apply:

            1. (A)
               Variances shall not be issued when the variance will make the structure in violation of other federal, state, or local laws, regulations, ordinances.
            2. (B)
               The variance shall only be issued upon the inclusion of the following determinations:

               1. (1)
                  The variance will not pose a danger to the public safety based on competent evidence. As used in this subsection, competent evidence shall not be deemed to include the opinion testimony of lay witnesses as to vehicular safety resulting from the reduction of visibility of the sight triangle.
               2. (2)
                  The variance is the minimum necessary to afford relief.
         2. ii.
            To provide relief from the surface water protection requirements of Section 6.7 pertaining to encroachments into surface water protection areas other than that portion lying in the regulatory floodway may be considered. In order to ensure that the requested variance is consistent with the spirit, purpose, and intent of the regulations, such that public safety is secured and substantial justice is achieved, the following additional requirements shall apply:

            1. (A)
               Variances shall not be issued when the variance will make the structure in violation of other federal, state, or local laws, regulations, ordinances.
            2. (B)
               Variances shall only be issued upon the following determinations:

               1. (1)
                  The granting of the variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws ordinances.
               2. (2)
                  The variance is the minimum necessary to afford relief.
            3. (C)
               Variances shall only be issued prior to floodplain development approval.
   4. 4.
      Conditions. The BOA, in granting a variance, may prescribe appropriate conditions and safeguards on any variance, provided that the conditions are reasonably related to the variance. Violation of such conditions and safeguards, when made a part of the terms under which a variance is granted, shall be deemed a violation of this ordinance and shall be punishable as prescribed in CHAPTER 18.
   5. 5.
      Limitations on board's authority. The BOA shall not have authority to grant variances in the following situations:

      1. a.
         To change the permitted uses for any property.
      2. b.
         To provide relief from the environmental protection requirements in CHAPTER 6 including, but not limited to, steep slope, sedimentation and erosion prevention, stormwater runoff, surface water protection, and flood damage prevention, except those surface water protection areas of Section 6.7 outlined in subsection 3 above.
      3. c.
         To provide relief from the water, sewer, and utility requirements of Section 13.4.
   6. 6.
      Conformance with City Code. Structures and uses permitted by means of a variance from a provision of this ordinance shall otherwise conform to all other applicable provisions of this ordinance and the Brevard CITY CODE OF ORDINANCES.
   7. 7.
      The approved variance shall be recorded with the Transylvania County Register of Deeds and a copy of the recordation be submitted to the city, pursuant to G.S. 160D-705(c).

( Ord. No. 2021-16 , § 1(Exh. A), 4-19-21; Ord. No. 2025-52, § 1(Exh. A), 11-3-25)

Effective on: 11/3/2025

1. A.
   Major modifications. Except as allowed under minor modifications below, all changes to approved conditional zoning districts, special use permits, or other development approvals are major modifications and shall follow the same process applicable for the original approval.
2. B.
   Changes to individual parcels within a Conditional Zoning District or a special use permit. For a conditional zoning district or special use permit applicable to multiple parcels, the owners of individual parcels may apply for minor modifications so long as the change would not result in other properties failing to meet the terms of the conditions. Any approved changes shall only be applicable to those properties whose owners petitioned for the change.
3. C.
   Determination. The planning director shall determine whether a proposed action is consistent with an approved conditional zoning district, special use permit, or other development approval. If such proposed action is not consistent, the planning director shall determine whether any modifications contained therein are minor or major. The planning director, in his or her discretion, may refer this determination to the planning board. The planning director shall notify the applicant in writing of such determination.
4. D.
   Authority. The authority given to the administrator to grant such minor modifications shall be construed to be permissive and not mandatory and the administrator may decline to make such modification.
5. E.
   Minor modifications. The administrator is authorized to review and approve administratively a minor modification to an approved conditional zoning district, special use permit, or other development approval, subject to the following limitations. Per Section 16.6.A, the administrator shall have the discretion to refer the approval of any minor modification request to a body of greater authority, such as the Planning Board or City Council, for consideration and approval or denial.

   1. 1.
      General limitations. The minor modification:

      1. a.
         Does not involve a change in uses permitted or the density of overall development permitted;
      2. b.
         Does not increase the impacts generated by the development on traffic, stormwater runoff, or similar impacts beyond what was projected for the original development approval; and
      3. c.
         Meets all other ordinance requirements.
   2. 2.
      Site design. Site design minor modifications are limited adjustments to the terms or design of an approved development plan or plat, including a site plan attached as a condition to a conditional zoning or special use permit. In addition to the general limitations for minor modifications, a site design minor modification must:

      1. a.
         Comply with underlying zoning standards and other applicable conditions of the approval;
      2. b.
         Be limited to a minor change such as, without limitation, a minor adjustment to road configuration or internal circulation, a minor adjustment to building size or location, a minor adjustment to lot sizes, or a minor adjustment to utility alignment.
   3. 3.
      Dimensional standards. Dimensional standard minor modifications are adjustments to the dimensional standards of the zoning ordinance. Dimensional standards may be modified upon a finding by the administrator, based on evidence from the permit holder, that the modification is needed to address a site characteristic or technical design consideration not known at the time of initial approval.

      1. a.
         The planning director's determination shall be based on the existence of one or more of the following conditions:

         1. i.
            There are site or structural conditions that preclude strict adherence to the permit or ordinance requirements, such as, but not limited to: the lot does not meet the dimensional standards established for the zoning district in which it is located; the lot has topographic limitations that require placement of the structure into the required setback area; or the structure is physically in line with an existing, legally established wall or walls of a principal structure already within the minimum setback area.
         2. ii.
            The part of the proposed structure that encroaches into the minimum setback area is necessitated by a life-safety ordinance, flood hazard reduction, steep slope protection, surface water protection, Americans with Disabilities Act standard, or other public safety ordinance requirements.
         3. iii.
            The proposed modification would facilitate the preservation of significant existing vegetation or the protection of a surface water protection area, or protect existing or proposed rights-of-way and other infrastructure. 
         4. iv.
            A good faith error was made in the location of a building foundation not exceeding one foot due to either field construction or survey error.
      2. b.
         In addition to the general limitations for minor modifications, dimensional standard minor modifications are limited to:

         1. i.
            A reduction of up to 30 percent in the number of parking spaces.
         2. ii.
            An adjustment to setback requirements up to 12 inches or 20 percent, whichever is greater, of the approved setback.
         3. iii.
            An adjustment to landscape standards up to 30 percent of the required landscaping buffer width, minimum height, or horizontal opening; or changing the species of approved landscaping plants, so long as all species comply with the listing of prohibited invasive exotic plant species in CHAPTER 8.
         4. iv.
            A reduction in impervious coverage or an increase in open space up to 30 percent.
         5. v.
            A reduction in required open space by up to 25 percent of the total required area.
         6. vi.
            Change in width, depth, height, or square feet of one or more buildings by no more than 20 percent.
   4. 4.
      Limits on the number of minor modifications. The administrator may determine that multiple minor modifications constitute a major modification if the number of minor modifications exceeds two within any one-year period.
6. F.
   Appeals and variances. A decision on a minor modification, or a determination of a major modification, may be appealed to the Board of Adjustment as an administrative determination pursuant to Section 16.8.D. An application for a minor modification does not preclude an applicant from seeking a variance from the Board of Adjustment.

(Ord. No. 2021-16 , § 1(Exh. A), 4-19-21; Ord. No. 2023-34, § 1(Exh. A), 8-7-23)

Effective on: 8/7/2023

1. A.
   General procedures:

   1. 1.
      Pursuant to G.S. 160D-108 and notwithstanding any other provision or amendment, a landowner may apply for approval of a site-specific vesting plan as defined in the statute that shall entitle said landowner to develop property in accordance with the previously approved plan.
   2. 2.
      All requests for vested rights shall be accompanied by a copy of the approved development plan in accordance with the provisions of this chapter. A request to extend vested rights to a previously approved development plan shall be reviewed and approved by the city council after notice and public hearing pursuant to Section 16.7.D.
2. B.
   Administrative review procedure:

   1. 1.
      The applicant shall request a meeting with the administrator and submit an application and a master plan as defined in CHAPTER 17. Upon determination of completeness of the application, the administrator shall authorize the applicant to submit the master plan for formal review.
   2. 2.
      The administrator shall review and make comment on the master plan. If the master plan is denied, the reasons for denial shall be stated in writing and the applicant may resubmit the development for further review.
   3. 3.
      The administrator shall require evidence of approval of any other permit required by any other federal, state, or local agency (i.e., NCDOT permits, NCDENR permits, Army Corps of Engineers permits, etc.).
   4. 4.
      The administrator may require that the application be circulated to other relevant city, county, and state agencies, committees, and officials for comment(s) as to the proposed development's conformance to all applicable standards and requirements and whether approval is recommended. The applicable agencies, committees, and officials shall transmit any recommendations to the technical review committee (TRC).
   5. 5.
      When the administrator determines that the application is complete and complies with this ordinance, the administrator shall transmit submitted application materials along with any recommendations to the TRC.
   6. 6.
      The TRC shall review and make comment on the application. The TRC may require a Traffic Impact Study, and Environmental Impact Statement, and any other additional information as necessary to properly consider the application.
   7. 7.
      The TRC shall, within 30 days of receipt of all necessary application materials and additional information, take action to recommend approval, approval with conditions, or deny the application.
3. C.
   Legislative procedure: If a site-specific vesting plan is based on an underlying legislative or quasi-judicial approval, such as a special use permit or a conditional zoning district, the administrator shall provide whatever notice and hearing is required for that underlying approval. A duration of the underlying approval that is less than two years does not affect the duration of the site-specific vesting plan established under this section. If the site-specific vesting plan is not based on such an approval, a legislative hearing with BPB recommendation and notice pursuant to Section 16.7.D shall be held.
4. D.
   City council action:

   1. 1.
      The city council shall determine whether or not to grant or establish a vested right after the review and consideration of the application by TRC and the BPB in accordance with the aforementioned procedures.
   2. 2.
      The city council may not require the landowner to waive his or her vested right as a condition of development approval.
   3. 3.
      The city council may approve the vested rights for a period greater than two years where it is found that due to:

      1. a.
         The sizing and phasing of the development; or,
      2. b.
         The level of investment; or,
      3. c.
         The need for the development; or,
      4. d.
         Economic cycles; or,
      5. e.
         Market conditions.
   4. 4.
      Building permits for all phases of the development cannot be secured within two years, provided the total period does not exceed five years from the date of plan approval of the site.
5. E.
   Effect of approval of vesting:

   1. 1.
      The effect of the city council approving a vested plan shall be to vest such site plan for a period of two years to five years as approved by the city council from the date of approval.
   2. 2.
      A vested right shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the approved site-specific vesting plan as provided for in this section. Failure to abide by the terms and conditions placed upon such approval will result in the forfeiture of the previously granted or established vested right.
   3. 3.
      A vested right, once established shall preclude any zoning action by the city which would change, alter, impair, prevent, diminish or otherwise delay the development or use of the property in accordance with the approved site-specific development plan except under the following conditions where such rights are terminated and revoked:

      1. a.

          

         The affected landowner provides written consent to the city of his or her desire to terminate the vested right; or,
      2. b.
         The city determines after having advertised and held a public hearing, that natural or man-made hazards exist on or in the immediate vicinity of the property which pose a serious threat to the public health, safety and welfare if the project were to proceed as indicated in the plan; or,
      3. c.
         Compensation is made by the city to the landowner for all costs, expenses, and other losses incurred including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and any other consultant's fees incurred after approval together with interest thereon at the legal rate until paid; or,
      4. d.
         The city determines, after having advertised and held a public hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the city council of the plan; or,
      5. e.
         Upon the enactment of a state or federal law or regulations which precludes development as shown in plan. In such case the city may, after having advertised and conducted a public hearing, modify the affected provisions upon a finding that this change in state or federal law has a fundamental effect on the plan.
   4. 4.
      Once a vested right is granted to a particular plan, nothing in this section shall preclude the city from conducting subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval, provided such reviews and approvals are consistent with the original approval.
   5. 5.
      The establishment of a vested right on a piece of property for a site-specific development plan shall not preclude the city from establishing and enforcing on the property any additional regulations (adopted during the time the vested right was in effect) which are general in nature and applicable to all property subject to the regulations of this ordinance.
   6. 6.
      Upon issuance of a development permit, the granted statutory vesting is effective upon filing of the application in accordance with G.S. 143-755, for so long as the permit remains valid pursuant to Section 16.13.
6. F.
   Establishment of common law vesting plans:

   1. 1.
      Previously approved site-specific vesting plans shall be reviewed for compliance and consistency and subsequently approved by the administrator or designee in accordance with the provisions of this chapter, providing the proposed preliminary plat for the major subdivision does not deviate from, and is subdivided in accordance with the previously approved site-specific plan.
   2. 2.
      Preliminary plats for major subdivisions with previously vested site-specific plans shall be reviewed for compliance and consistency and approved by the administrator or designee, providing the proposed preliminary plat for major subdivision does not deviate from, and is subdivided in accordance with the previously approved site-specific plan. Substantial financial investment must be determined and a good faith effort made to develop proportionate to the approved statutory vested plan.
7. G.
   Revocation or expiration of a vested right:

   1. 1.
      The vested right, resulting from the approval of a site-specific vesting plan, may be revoked by the city council if the city council determines that the landowner has failed to comply with the terms and conditions of the approval or with any other applicable portion of this ordinance. As prescribed under the provisions of G.S. 160D-308, the vested right shall otherwise expire at the end of the approval period established by the city council. A building permit issued by the Transylvania County Building Inspector pursuant to G.S. 160D-403 may not expire or be revoked because of the running of time on a piece of property while a plan has been approved and the vested right period has not otherwise expired.
8. H.
   Establishment of multiphase development vesting plan:

   1. 1.
      A multiphase development shall be vested for the entire development with the zoning regulations, subdivision regulations, and UNIFIED DEVELOPMENT ORDINANCEs in place at the time a site plan approval is granted for the initial phase of the multiphase development. This right shall remain vested for a period of seven years from the time a site plan approval is granted for the initial phase of the multiphase development.

( Ord. No. 2021-16 , § 1(Exh. A), 4-19-21; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

Brevard City Council shall have the authority to enter into development agreements in accordance with G.S. 160D Article 10, the requirements of which are incorporated hereinto by reference.

( Ord. No. 2021-16 , § 1(Exh. A), 4-19-21)

Effective on: 1/1/1901

1. A.
   To assure compliance with these and other development regulation requirements, G.S. 160D-702(a) and 160D-804.1 provides for performance guarantees to assure successful completion of required improvements at the time the subdivision plat is recorded or the certificate of occupancy issued for site plans. For any specific development, the type of performance guarantee shall be at the election of the person required to give the performance guarantee.
2. B.
   In lieu of meeting the requirement for the completion, installation and dedication of any and all public infrastructure improvements (e.g., underground utilities, streets, sidewalks, storm drainage, trees, landscaping, supplemental buffer plantings, street lights, etc.) prior to final plat approval for subdivisions or certificate of occupancy for site plans, the city manager (or the administrator for new sidewalks along existing streets and landscaping) may enter into a written agreement with the developer whereby the developer shall agree to complete all required improvements (which shall be called an infrastructure improvement agreement). Once the agreement is signed by the city manager and the developer and the required financial security is provided, the final plat or certificate of occupancy (only in cases where public infrastructure is not the subject of the guarantee) may be approved by the administrator if all other requirements of this Code are met. To secure this agreement, the developer shall provide either one, or a combination of the following performance guarantees:

   1. 1.
      Surety bond issued by any company authorized to do business in this state.
   2. 2.
      Letter of credit issued by any financial institution licensed to do business in this state.
   3. 3.
      Other form of guarantee that provides equivalent security to a surety bond or letter of credit.
3. C.
   Any expenses associated with the cost of reviewing and entering into the agreement, including expenses associated with reviewing and approving the instrument of financial security and the estimate of costs of the secured improvements shall be paid entirely by the developer.
4. D.
   The base cost of the guarantee shall be the entire cost of installing all required improvements and conveying or dedicating the same to the City of Brevard as estimated and certified by a licensed design professional and verified/approved by the city manager or his designee, plus any expenses associated with the cost of reviewing and entering into the agreement, plus any costs associated with inspecting the associated infrastructure during and after installation. Further, the base cost shall be adjusted upwards in an amount equal to the most recent Consumer Price Index (as issued by the U.S. Bureau of Labor Statistics of the U.S. Department of Labor) multiplied by the base cost, multiplied by the number of years that the guarantee will be in effect [i.e., (base cost + ((base cost*CPI)*number of years of guarantee))]. The amount of the performance guarantee shall not exceed 125 percent of the reasonably estimated cost of completion at the time the performance guarantee is issued. Any extension of the performance guarantee necessary to complete required improvements shall not exceed 125 percent of the reasonably estimated cost of completion of the remaining incomplete improvements still outstanding at the time the extension is obtained.
5. E.
   The performance guarantee shall only be used for completion of the required improvements and not for repairs or maintenance after completion.
6. F.
   No person shall have or may claim any rights under or to any performance guarantee provided pursuant to this subsection or in the proceeds of any such performance guarantee other than the following:

   1. 1.
      The local government to whom such performance guarantee is provided.
   2. 2.
      The developer at whose request or for whose benefit such performance guarantee is given.
   3. 3.
      The person or entity issuing or providing such performance guarantee at the request of or for the benefit of the developer.
7. G.
   Inspection of improvements upon completion: The City shall conduct an inspection of the improvements subject to a performance guarantee within 30 days of a request received from a developer and advise the developer whether the improvements are completed to the required specifications. In the event the City and the developer disagree whether a required improvement is completed to the required specifications, a developer may obtain a certification under seal from a licensed professional engineer that the required improvements have been completed to the specifications of the City of Brevard.
8. H.
   Dedication of improvements and release of guarantee security: The performance guarantee shall be returned or released, as appropriate, within 30 days upon the acknowledgement by the City of Brevard that the improvements for which the performance guarantee is being required are complete  or upon receipt of a certification under seal from a professional engineer that the required improvements have been completed to the specifications of the City. Upon completion of public improvements, such improvements shall be dedicated to the City of Brevard by means of a plat of dedication, dedication agreement, and other documents in confirmation of dedication in accordance with procedures established by the administrator within 30 days. When the city manager has accepted dedication of the improvements on behalf of the city, the administrator shall release the security posted by the developer. The dedication agreement shall stipulate a warranty period of not less than three years for the accepted improvements.
9. I.
   Extension: If the improvements are not complete and the current performance guarantee is expiring, the performance guarantee shall be extended, or a new performance guarantee issued, for an additional period until such required improvements are complete. A developer shall demonstrate reasonable, good-faith progress toward completion of the required improvements that are the subject of the performance guarantee or any extension. The form of any extension shall remain at the election of the developer. No reduction in the security will be allowed under any circumstances prior to completion of the required improvements.
10. J.
    Default: Upon default as defined in CHAPTER 19, the developer shall pay all or any portion of the bond, cash account, or funds represented by the letter of credit to the City of Brevard up to the amount needed to complete the improvements based on an estimate by the city. Any surety or bank issuing a letter of credit shall likewise comply with the city's demand for payment. Upon payment, the city, in its discretion, may expend such portion of these funds, as it deems necessary to complete all or any portion of the required improvements, including dedication of the improvements to the city and acceptance by the city. The amount to be withdrawn from the deposit account, or the claim against a surety bond, or a drawing statement against a letter of credit upon default may, in the city manager's discretion, be the exact amount expended or expected to be expended, or an estimate of such costs. The city shall return to the developer any funds not spent in completing and dedication of the improvements.

( Ord. No. 2021-16 , § 1(Exh. A), 4-19-21; Ord. No. 2024-46, § 1(Exh. A), 12-2-24)

Effective on: 12/2/2024

1. A.
   Expiration of permit:

   1. 1.
      Unless otherwise specified in this ordinance, any development permit issued in accordance with this ordinance will lapse and become invalid unless the work for which it was issued has substantially commenced within one year of the date of issue, or if the work authorized by it is suspended or abandoned for a period of at least on year, pursuant to G.S. 160D-403(c).
   2. 2.
      Substantial commencement of work shall be determined by the administrator based on any of the following:

      1. a.
         The start of construction as defined in Section 19.3 of this Ordinance;
      2. b.
         The development has received and maintained a valid erosion and sedimentation control permit and conducted grading activity on a continuous basis and not discontinued it for more than 30 days; or
      3. c.
         The development has installed substantial on-site infrastructure. 
   3. 3.
      Even if work has substantially commenced, a development approval still expires if development work is intentionally and voluntarily discontinued for a period of not less than 24 consecutive months, as calculated and tolled pursuant to G.S. 160D-108.
   4. 4.
      The planning director may grant one extension per permit of the above time periods for an additional one year upon written application therefor from the developer, filed prior to the expiration of the permit.
   5. 5.
      Notwithstanding the times of validity and extensions stated in subsections (1)—(4), at such time as a building permit is issued, the land development permit will run concurrently with the building permit, or in developments where multiple building permits are issued, the land development permit shall run concurrently with the last building permit to renew or expire, without any action being required of the city.
2. B.
   Compliance and violations: Land development permits issued on the basis of plans approved by the city authorize only the use, arrangement, and construction set forth in such approved plans and applications, and subject to any specific conditions and requirements of the city. Use, arrangement, or construction which differs from that authorized by the land development permit shall be deemed a violation of this ordinance and shall cause the administrator to revoke the land development permit stating the reason for revocation in writing, following the same process as used for the approval and impose penalties as per CHAPTER 18 and G.S. 160D-403(f).
3. C.
   Compliance with regulations and previous permits:

   1. 1.
      Buildings/structures, uses, or other activities authorized by this Ordinance or preceding ordinances and authorized by the administrator shall otherwise comply with applicable federal, state, or local laws, statutes, ordinances, regulations, requirements, or agreements, and any permit issued by the administrator shall be issued based upon a presumption of compliance with such.
   2. 2.
      The administrator may revoke any permit upon a determination that related buildings/structures, uses, or any other activity deriving from such permit is not otherwise in compliance with applicable federal, state, or local laws, statutes, ordinances, regulations, requirements, permits, agreements, or specific conditions or requirements; and may cause the cessation of any use or other activity related to or deriving from such permit and impose penalties as per CHAPTER 18.
   3. 3.
      Any land development permit mistakenly issued in violation of an applicable federal, state or local law may also be revoked.
   4. 4.
      The owner or operator of any structure, use or activity that is the subject of any condition or requirement that was imposed by the city as part of any permit (i.e., "building permit", "zoning permit," "preliminary/final subdivision approval", "special use permit," "planned development," "public safety facility approval", "variances," "paving waivers," and other) that was duly issued prior to the adoption of this ordinance, shall adhere to such conditions and requirements until conditions and requirements are superseded by subsequent approvals under this ordinance.
4. D.
   Right of appeal: The applicant, property owner, or other party with standing has the right to appeal in accordance with to Section 16.6.J and G.S. 160D-405.

( Ord. No. 2021-16 , § 1(Exh. A), 4-19-21; Ord. No. 2025-52, § 1(Exh. A), 11-3-25)

Effective on: 11/3/2025

Brevard City Council shall have the authority to enact temporary moratoria upon development activity in accordance with G.S. 160D-107, the requirements of which are incorporated hereinto by reference.

( Ord. No. 2021-16 , § 1(Exh. A), 4-19-21)

Effective on: 1/1/1901

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

Ord. No. 2021-16 , § 1(Exh. A), adopted April 19, 2021, amended Ch. 16 in its entirety to read as herein set out. Former Ch. 16, §§ 16.1—16.19, pertained to similar subject matter, and derived from ; Ord. No. 8-07, § 1(K), adopted May 21, 2007; Ord. No. 15-08, §§ 38—43, 45, 47, 48, adopted Dec. 5, 2008; Ord. No. 20-09, § 4(Exh. B(8)), adopted Sept. 21, 2009; Ord. No. 03-10, § 2(Exh. B), adopted Feb. 15, 2010; Ord. No. 22-2011, § 2(Exh. B), adopted August 15, 2011; Ord. No. 2013-14, §§ 2—4, 6—8, adopted Nov. 18, 2014; Ord. No. 2014-24, § 04(Exh. D), adopted Nov. 17, 2014; Ord. No. 2014-25, § 06(Exh. F), adopted Dec. 15, 2014; Ord. No. 2017-19, § 1, adopted Sept. 18, 2017; Ord. No. 2018-24, § 1(Att. A), adopted Sept. 17, 2018; Ord. No. 2019-02, § 1(Att. A), adopted March 18, 2019; Ord. No. 2019-27 , § 1(Exh. A), adopted Nov. 18, 2019; Ord. No. 2020-23 , § 1(Exh. A), adopted Oct. 19, 2020; Ord. No. 2020-34 , § 1(Exh. A), adopted Dec. 7, 2020.

Effective on: 1/1/1901