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

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

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