This Code is officially titled "The Unified Development Ordinance of the City of Brevard, North Carolina" and shall be known as the "Unified Development Ordinance". The official map designating the various zoning districts shall be titled, "Official Zoning Map of the City of Brevard" and shall be known as the "zoning map."

Effective on: 1/1/1901

The purposes of these regulations are to lessen congestion in the streets, to facilitate safety from fire, panic and other dangers, to promote public health, safety and the general welfare, to provide adequate light and air, to prevent overcrowding of land, to avoid inappropriate concentration of population, to facilitate the adequate provision of transportation, utilities, parks and other public municipal facilities and infrastructure, to conserve the value of land and structures, and encourage the most appropriate use of land throughout the corporate limits and extraterritorial zoning jurisdiction, in accordance with the officially adopted Comprehensive Land Use Plan of the City of Brevard.

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

Effective on: 1/1/1901

The provisions contained herein are enacted under the authority of G.S. 160D, which extends to cities the authority to enact regulations promoting the health, safety, and the general welfare of the community and which further authorizes cities to regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures, or land. This section further authorizes the establishment of overlay districts in which additional regulations may be imposed upon properties that lie within the boundary of the district. The statutes also require that all such regulations shall be uniform for each use class or type of building throughout each district, but that the regulations in one district may differ from those in other districts.

The subdivision provisions contained herein are enacted under the authority of G.S. 160D Article 8, which provides for the coordination of streets within proposed subdivisions with existing or planned streets and with other public facilities, the dedication or reservation of recreation areas serving residents of the immediate neighborhood within the subdivision, or alternatively, for the provision of funds to be used to acquire recreation areas serving residents of more than one neighborhood in the immediate area, and for the distribution of population and traffic in a manner that will avoid congestion and overcrowding.

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

Effective on: 1/1/1901

Except as provided for in G.S. 160D-913, these regulations apply to the development and use of all land and structures within the corporate limits of the City of Brevard, North Carolina and within the extraterritorial jurisdiction exercised by ordinance and denoted on the zoning map as is digitally maintained and on file at the Brevard Planning Department. This map and its boundaries are incorporated into and made part of this ordinance. Current and prior zoning maps shall be maintained for public inspection in accordance with G.S. 160D-105.

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

Effective on: 1/1/1901

1. A.
   The Brevard Comprehensive Land Use Plan, as updated and reasonably maintained by the Brevard Planning Board and subsequently adopted by Brevard City Council, is approved as the city's comprehensive plan for land use control, zoning regulations, and all other uses associated with G.S. 160D-501.
2. B.
   The comprehensive plan represents the planning board's recommendations to the city council for the following:

   1. 1.
      The development of the territory;
   2. 2.
      The general location and extent of public utilities and terminals; and
   3. 3.
      The removal, relocation, widening, narrowing, vacating, abandonment, change of use or extension of any such travel ways, buildings, grounds, open spaces, property utilities or terminals.
3. C.
   The comprehensive plan and any ordinances or other measures shall be made with the general purpose of guiding and accomplishing coordinated development throughout the city and its environs which will best promote the public's health, safety, morals and general welfare through an efficient and economical development process.
4. D.
   Plans shall be adopted by the Brevard City Council with the advice and consultation of the Brevard Planning Board. Adoption and amendment of a comprehensive plan is a legislative decision and shall follow the process mandated for zoning text amendments in Section 16.7 of this ordinance and in G.S. 160D-601.

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

Effective on: 1/1/1901

No structure, land, or use thereof, shall hereafter be established, located, subdivided, extended, converted, altered, developed, or disturbed in any way without full compliance with the terms of this ordinance and other applicable regulations.

Effective on: 1/1/1901

A land development permit shall be required, in conformance with the provisions of CHAPTER 16 and CHAPTER 17 of this ordinance, prior to the commencement of any development, subdivision, or land use activity. A land development permit shall not be issued until development plans and associated information required in CHAPTER 17 demonstrate full compliance with this ordinance. Pursuant to G.S. 160D-104, unless provided otherwise by law, all rights, privileges, benefits, burdens, and obligations created by development approvals attach to and run with the land.

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

Effective on: 1/1/1901

1. A.
   It is not intended that this ordinance repeal, supersede, annul, impair, or interfere with any vested rights, building, or zoning permits previously adopted or issued pursuant to law and currently effective.
2. B.
   Nothing contained herein shall require any change in the plans, construction, size, or designated use of any development, building or structure or any part thereof for which an approval was granted by the City of Brevard prior to the time of passage of this ordinance.
3. C.
   Provided, however, in the event construction is not begun under such outstanding permit within a period of six months subsequent to the date of issuance of the outstanding permit, construction or use shall be required to conform to the provisions of this ordinance in accordance with G.S. 160D-108(d)(1).
4. D.
   Pursuant to G.S. 160D-108(b), if a development regulation changes between the time an application is submitted and a decision is made, the applicant may choose which version of the development regulation will apply to the application. If the development permit applicant chooses the version of the rule or ordinance applicable at the time of the permit application, the development permit applicant shall not be required to await the outcome of the amendment to the rule, map, or ordinance prior to acting on the development permit. An application shall be determined to be submitted in accordance with Section 16.5.
5. E.
   Where this ordinance and another ordinance conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
6. F.
   Whenever two or more provisions of this ordinance conflict with one another the more stringent of the two shall be applicable.

( Ord. No. 2020-23 , § 1(Exh. A), 10-19-20; Ord. No. 2021-16 , § 1(Exh. A), 4-19-21)

Effective on: 1/1/1901

1. A.
   This ordinance and the regulations contained herein shall become effective on the date of adoption.
2. B.
   Upon adoption, the following ordinances of the City of Brevard are repealed:

   1. 1.
      Chapter 34, Environmental Protection (formerly, Chapter 34, Floods); Brevard City Code,
   2. 2.
      Chapter 54, Planning, Article II, Planning and Zoning Board Brevard City Code,
   3. 3.
      Chapter 74, Vegetation;
   4. 4.
      Appendix A, Zoning; and
   5. 5.
      Appendix B, Subdivision Regulations.

Effective on: 1/1/1901

1. A.
   This section comes forward in part by re-enactment of some of the provisions of the ordinances referenced in Section 1.9, above. It is not the intention of this ordinance to repeal, but rather to re-enact and continue to enforce without interruption, such existing provisions, so that all rights and liabilities that have accrued there under are reserved and may be enforced.
2. B.
   The enactment of this ordinance shall not affect any action, suit or proceeding, instituted or pending.
3. C.
   All provisions of the ordinances referenced in Section 1.9 above, which are not reenacted herein, are repealed.

Effective on: 1/1/1901

1. A.
   The map entitled "Official Zoning Map of the City of Brevard, North Carolina", as adopted by the Brevard City Council and certified by the city clerk, establishes the official zoning districts and overlay districts.
2. B.
   The following rules shall apply in the interpretation of district boundaries and the location of centers shown on the zoning map:

   1. 1.
      Boundaries shown appearing to follow the centerlines of streets, highways, streams, or alleys shall follow such centerlines.
   2. 2.
      Boundaries shown appearing to follow lot lines, rights-of-way, or easements shall follow the actual surveyed lot lines, rights-of-way, or easements.
   3. 3.
      Boundaries shown appearing to follow the corporate limits shall follow such corporate limits.
   4. 4.
      Boundaries shown appearing to follow the extraterritorial jurisdiction boundaries of the City of Brevard shall follow such boundaries.
   5. 5.
      Boundaries shown appearing to follow railroad lines shall be midway between the main tracks or the centerline of a single track.
   6. 6.
      Boundaries shown parallel to or as extensions of features indicated in this section shall be construed as such. Distances not specifically indicated on the zoning map shall be determined by the scale of the map.
   7. 7.
      Boundaries shown at the intersection of streets shall be at the intersection of the street centerlines.
   8. 8.
      Where the actual locations of existing physical or natural features vary from those shown on the zoning map, or in the event of other circumstances not covered by this section, the administrator shall have the authority to interpret the district boundaries.
3. C.
   The most recent maps, officially adopted by state and federal agencies (such as flood-insurance rate maps) are incorporated by reference into the zoning map. A copy of the currently effective version of any incorporated map shall be maintained for public inspection in accordance with G.S. 160D-105.

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

Effective on: 1/1/1901

1. A.
   In the interpretation and application of this ordinance, all provisions shall be:

   1. 1.
      Considered as minimum requirements;
   2. 2.
      Liberally construed in favor of the governing body; and,
   3. 3.
      Deemed neither to limit nor repeal any other powers granted under state statutes.
2. B.
   Fractional requirement: When any requirement of this ordinance results in a fraction of a unit, a fraction of one-half or more shall be considered a whole unit and a fraction of less than one-half shall be disregarded.

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

Effective on: 6/3/2024

Editor's note(s)—Ord. No. 2021-48 , § 2(Exh. B), adopted Nov. 15, 2021, repealed UDO § 1.13, which pertained to penalties for violation and derived from Ord. No. 8-06, § 1(Exh. A), adopted April 3, 2006.

Effective on: 1/1/1901

Ord. No. 8-06, § 1(Exh. A), adopted April 3, 2006, adopted the Unified Development Ordinance, which has been set out in its entirety herein. Absence of a history note following a particular section indicates that such section derives unchanged from the original ordinance; conversely, a history note enclosed in parentheses following a section indicates amendment by the ordinance or ordinances shown in such history note. Obvious misspellings and punctuation errors have been corrected without notation. For stylistic purposes, headings and catchlines have been made uniform and the same system of capitalization, citation to state statutes, and expression of numbers in text as appears in the Code of Ordinances has been used. Additions made for clarity are indicated by brackets.

Cross reference(s)—Administration, CHAPTER 2; animals and fowl, CHAPTER 14; buildings and building regulations, CHAPTER 18; streets, sidewalks and other public ways, CHAPTER 62; area of extraterritorial jurisdiction, APPENDIX D.

State law reference(s)—Municipal zoning authority, G.S. 160D-701 et seq.

Effective on: 1/1/1901