Board of Adjustment
- 3 p.m.
- First Tuesday of each month
- City Hall Council Chambers
95 W. Main St.
Brevard, NC 28712
The Board is made up of 8 members serving 3-year terms. Three members and 2 alternates residing inside the city limits and appointed by Brevard City Council. Two members and 1 alternate residing within the ETJ and appointed by the county Board of Commissioners.
Powers & Responsibilities
- Hear and decide requests for Special Use Permits
- Hear and decide appeals from actions or decisions of the Code Enforcement Officer
- Hear and decide variance requests from the provisions in the Flood Ordinance
- Hear and decide variance requests from the provisions in the Zoning Ordinance
- Hear and decide waiver or delays in paving requirements for driveway or parking areas
- Interpret unclear parts of the Zoning Ordinance
Appeals to the Zoning Board of Adjustment concerning interpretation or administration of the ordinance may be taken by any aggrieved or by an officer, department, or board of the city.
Decisions of the Zoning Board of Adjustment
The concurring value of 4 members of the Zoning Board of Adjustment shall be necessary to reverse any order requirement, decision or determination of the building inspector or to decide in favor of the applicant or any matter upon which it is required to pass under the ordinance, or to affect any variation of the ordinance. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote.
The Board of Adjustment may authorize upon appeal in specific cases a variance from the terms of this ordinance as will not be contrary to the public interest where owing to the special conditions, a literal enforcement of the ordinance will, in an individual case result in practical difficulty or unnecessary hardship so that he spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.
Conditions for Granting a Variance
A variance is a process for which property owners may apply to the Board of Adjustment for limited relief from the requirements of the Zoning Ordinance. Variance cases are reviewed to determine if a particular zoning requirement will create a practical difficulty or unnecessary hardship prohibiting the use of the land in a manner otherwise allowed under the Zoning Ordinance. It is not intended that variance be granted merely to remove inconveniences or financial burdens, rather that the requirements of the Zoning Ordinance render the land difficult or impossible to use because of some unique physical attribute of the property itself or some other factor unique to the property for which the variance is requested.
A variance may be granted in such individual case of unnecessary hardship upon a finding by the Board of Adjustment that the following conditions exist:
- There are extraordinary and exceptional conditions pertaining to the particular piece of property in questions because of its size, shape, or topography that are not applicable to other lands or structures in the same district.
- Granting the requested variance will not confer upon the applicant any special privileges that are denied to other residents of the district in which the property is located.
- A literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located.
- The requested variance will be in harmony with the purpose and intent of this ordinance and will not be injurious to the neighborhood or to the general welfare.
- The special circumstances are not the result of the actions of the applicant.
- The variance requested is the minimum variance that will make possible the legal use of the land, buildings, or structure.
- The variance is not a request to permit a use of land, building, or structure which is not permitted in the district involved.