Brevard City Zoning Code

1. A.
   Purpose:

   1. 1.
      The purpose of this chapter is to regulate and limit the continued existence of uses, structures, lots, site elements or signs that do not conform to these regulations but were lawfully established prior to the effective date of this ordinance and any subsequent amendments. Any nonconformity created by a change in the classification of property or the text of these regulations shall also be regulated by the provisions of this chapter.
   2. 2.
      Many nonconformities may continue, but the provisions of this chapter are intended and designed to limit substantial investment in nonconformities and to bring about eventual elimination and/or lessen their impact upon surrounding conforming uses in order to preserve the integrity of this ordinance and the character of Brevard and its extraterritorial jurisdiction.
2. B.
   Applicability: 

1.  
   1. 1.
      This chapter shall apply to any lot, structure, use of land, or other development conditions, which existed lawfully and was created in good faith prior to the adoption, revision, or amendment to this ordinance, but which now fails to conform to the requirements of this ordinance as a result.
   2. 2.
      This chapter shall not apply, however, to any development condition that is the subject of a variance or modification granted by the Board of Adjustment or City Council. Where a variance or modification has been granted for a development standard that does not otherwise conform to the requirements of this Ordinance, that development standard shall be deemed conforming.
   3. 3.
      Nothing in this chapter shall be construed as to deny the City the authority to take action on or require the removal of development conditions that were not legally established and/or did not meet the requirements of the ordinance when it was established. Those shall not be considered nonconformities with regards to this section.

 (Ord. No. 2026-23, § 1(Exh. A), 6-1-26)

Effective on: 6/1/2026

1. A.
   Continuation of Nonconformities:

   1. 1.
      Legal nonconformities may continue subject to the limitations of this chapter and any amortization provision. Continuation, reconstruction, alteration, and/or expansion of such nonconformities shall but subject to the requirements of this chapter.
2. B.
   Determination of Legal Nonconforming Status:

   1. 1.
      The administrator may verify whether a nonconforming condition was legally established by reviewing information submitted by the property owner, City records and other readily available information to reach a determination.
   2. 2.
      The administrator may request evidence to be considered in its determination, and it shall be the responsibility of the property owner to prove a nonconforming condition is legally established, unless otherwise required by state law.
3. C.
   Ordinary Repair and Maintenance:

   1. 1.
      Incidental repairs and ordinary maintenance of nonconformities are permitted unless otherwise expressly prohibited by this ordinance. This may include but is not limited to the repair and maintenance of walls, roofs, fixtures, wiring, plumbing, and ventilation.
   2. 2.
      This allowance also includes activities that increase building/structural integrity, Americans with Disability Act (ADA) accessibility, or other health and safety improvements.
   3. 3.
      Incidental repairs and ordinary maintenance of nonconformities in the special flood hazard area are subject to the applicable provisions of CHAPTER 34 of the Brevard City Code.
4. D.
   Change of Ownership or Tenancy:

   1. 1.
      Changes in ownership, tenancy, or management of an existing nonconformity are permitted but such nonconformities shall continue to be subject to the provisions of this chapter.

(Ord. No. 2026-23, § 1(Exh. A), 6-1-26 )

Effective on: 6/1/2026

1. A.
   Authority to Continue:

   1. 1.
      Subject to the provisions of this chapter or any amortization provision, any nonconforming use may continue in operation on the same land area and on the same floor area of the structure that was occupied by the nonconforming use on the date the use first became a nonconforming use.
2. B.
   Expansion:

   1. 1.
      Except as provided herein, a nonconforming use shall not be expanded, enlarged or otherwise increased in intensity of the activity.

      1. a.
         For the purposes of this provision, an increased intensity of activity means the change generates more traffic, people, hours of operation, noise or impacts than before. This may include, but is not limited to, larger floor area, larger parking area, more employees, longer hours, higher daily visits, increased truck deliveries, and greater demand on utilities.
   2. 2.
      The following uses may be expanded, provided any such expansion complies with all other ordinance provisions.

      1. a.
         Dwelling—Single-Family
      2. b.
         Dwelling—Duplex
      3. c.
         Dwelling—Multifamily 3—4 units/bldg.

3. C.
   Abandonment or Cessation of Use:

   1. 1.
      If a nonconforming use is abandoned for 180 consecutive calendar days or more, the use shall not be re-established. All new uses subsequently established shall be conforming.
4. D.
   Change of Use:

   1. 1.
      Once a nonconforming use has been changed to a conforming use, it shall not revert or be used for any nonconforming use.
5. E.
   Damage or Destruction:

   1. 1.
      In the event that a structure that is wholly or partially occupied by a nonconforming use is damaged and/or destroyed by exercise of eminent domain, fire, accident, flood, or other event resulting from natural causes or an accident, the nonconforming use may be reestablished, provided:

      1. a.
         The repair or reconstruction of the structure commences with a valid permit within 180 days of the date of such damage or destruction.
      2. b.
         The nonconforming use complies with the provisions of subsection 14.3(B) above.

(Ord. No. 2026-23, § 1(Exh. A), 6-1-26)

Effective on: 6/1/2026

1. A.
   Authority to Continue:

   1. 1.
      Subject to the provisions of this chapter or any amortization provision, any nonconforming principal structure may continue to occupy the same land area within the existing configuration and size of the structure which existed on the date the structure first became a nonconforming structure.
2. B.
   Enlargement or Alteration:

   1. 1.
      A nonconforming principal structure may be enlarged, provided the enlargement does not have the effect of increasing the degree or extent of a nonconforming feature and the enlargement complies with all requirements and regulations of this ordinance. A nonconforming structure may not, under any circumstances, be enlarged or altered in a way which increases its nonconformity.

      1. a.
         For the purposes of this provision, increasing the degree or extent of a nonconformity includes, but is not limited to: 

         1. i.
            An addition that extends beyond the required yard setbacks.
         2. ii.
            An addition that adds a story on a portion of the structure that encroaches into the required yard setbacks.
         3. iii.
            An enclosure or covering of a nonconforming deck, uncovered porch, stoop or other similar element.

FIGURE 14.4A: EXAMPLE EXPANSION OF NONCONFORMING STRUCTURE

2.  
   1.  
      2. b.
         If the expansion does not exceed 25% of the size of the building at the time it became nonconforming, the structure may continue the existing architectural style of the building (e.g., building materials, roof type, color). If the expansion, or any combination of expansions since the time the structure became nonconforming, exceeds 25% the addition shall comply with the requirements of CHAPTER 5.
   2. 2.
      The expansion of a structure does not require compliance with the provisions of Section 2.7.8, if applicable.
3. C.
   Relocation:

   1. 1.
      No nonconforming structure shall be relocated in whole or in part to any other location on the same or any other lot unless the entire structure conforms to the regulations of the district to which such structure is relocated.
4. D.
   Damage or Destruction:

   1. 1.
      In the event that a nonconforming principal structure is damaged and/or destroyed by exercise of eminent domain, fire, accident, flood, or other event resulting from natural causes or an accident, the following provisions apply. 

      1. a.
         If the extent of the damage is equivalent to 50% or less of the replacement value of the structure immediately prior to such damage, the structure may be repaired and reconstructed, provided that such repair or reconstruction is commenced with a valid permit within 180 days of the date of such damage or destruction.
      2. b.
         If the extent of the damage is equivalent to more than 50% of the replacement value of the structure immediately prior to such damage, or if the extent of the damage is equal to 50% or less and the repair does not commence within 180 days of the date of such damage, the structure shall not be restored unless the structure conforms to all regulations of the district in which the structure is located.
      3. c.
         The percentage of damage shall be calculated by using the replacement value of the entire structure as the denominator and by using the replacement value of the damaged portion of the structure as the numerator. The same method must be used to determine the numerator and denominator.
5. E.
   Historic Structures:

   1. 1.
      Nonconforming historic structures may be altered or enlarged provided:

      1. a.
         The enlargement, expansion, or alteration does not exceed the density and dimensional requirements (Section 2.6) or the yard and setback requirements (Section 2.7) of this ordinance; and,
      2. b.
         The enlargement, expansion, or alteration shall, to the greatest extent practical, preserve historic materials, features, and/or spatial relationships that characterize the structure as certified by a historic preservation specialist or licensed architect and approved by the Transylvania County Joint Historic Preservation Commission; and,
      3. c.
         The enlargement, expansion, or alteration shall be constructed to be compatible with the historic building material, features, size, scale, proportion, and massing to protect the historical integrity of the subject structure, as certified by a historic preservation specialist or licensed architect and approved by the Transylvania County Joint Historic Preservation Commission.
6. F.
   Replacement of Nonconforming Manufactured Homes: 

   1. 1.
      The replacement of a nonconforming manufactured home that fails to meet one or more of the requirements of this ordinance and/or the construction standards promulgated by US Department of Housing and Urban Development, may not be replaced. This includes, but is not limited to, manufactured homes located outside of the Manufactured Home Overlay District (MHD) and manufactured homes that do not meet setback requirements.

(Ord. No. 2026-23, § 1(Exh. A), 6-1-26)

Effective on: 6/1/2026

1. A.
   Authority to Develop:

   1. 1.
      Subject to the provisions of this chapter or any amortization provision, a nonconforming vacant lot may be developed in accordance with the requirements of this ordinance.
   2. 2.
      However, a nonconforming vacant lot shall not be developed if it can be combined with an adjoining lot owned by the same in order to create a single lot.

      1. a.
         For the purposes of this provision, "adjoining" shall be deemed to mean the sharing of one or more common lot lines and access to both lots can be provided by the same street without crossing that street.
2. B.
   Inadequate Street Frontage:

   1. 1.
      Where a record lot does not comply with the street frontage requirements as provided in Section 4.2.3, the administrator shall require evidence of the presence of a deeded right-of-way or access easement prior to the issuance of any permit.
   2. 2.
      The provision of such right-of-way or access easement shall not be considered satisfactory of the street frontage requirement unless it fully complies with the requirements of Section 4.3.
3. C.
   Subsequent Subdivision Activity:

   1. 1.
      No subdivision activity shall be permitted on nonconforming parcels of land unless it remedies or improves the parcel’s nonconformance with this ordinance. This requirement shall apply regardless of the size of the non-compliant parcel.

      1. a.
         For the purposes of this provision, remedying or improving a parcels nonconformance includes, but is not limited to:

         1. i.
            ​​​​​​​Moving a property line for existing structures to meet current setback requirements; or
         2. ii.
            ​​​​​​​​​​​​​​Establishing road frontage on a parcel with inadequate street frontage even if it does not meet the full requirements.

(Ord. No. 2026-23, § 1(Exh. A), 6-1-26)

Effective on: 6/1/2026

1. A.
   Authority to Continue:

   1. 1.
      Subject to the provisions of this chapter or any amortization provision, any nonconforming site feature may continue in operation on the same land area within the existing configuration which existed on the date the site feature became nonconforming. This includes, but is not limited to, nonconforming accessory structures, fences, walls, signs, off-street parking, vehicular surface areas, landscaping, buffers, and lighting.
2. B.
   Enlargement or Alteration:

   1. 1.
      Additions or changes to nonconforming site features shall not be made unless the addition or alteration brings the land improvements or the development of which it is a part into greater conformity with this ordinance.
   2. 2.
      Resurfacing, restriping, or reconfiguring of an existing nonconforming off-street parking area shall be permitted without requiring compliance with all parking lot design and landscaping requirements, provided:

      1. a.
         The new surface materials and parking dimensions comply with the provisions of Section 10.7; and
      2. b.
         There is no increase in the amount of impervious surface coverage.
3. C.
   Required Conformance:

   1. 1.
      Unless otherwise stated, all nonconforming site elements must be brought into conformance when there is new construction of a principal building or when otherwise required by this ordinance.
4. D.
   Public Health and Safety

   1. 1.
      Nothing in this chapter shall prohibit the administrator from requiring changes to site characteristics that endanger public health and safety. This includes but is not limited to improvements or changes to existing driveways, curbing, and sidewalks.
5. E.
   Damage or Destruction

   1. 1.
      In the event that a nonconforming site feature is damaged and/or destroyed by exercise of eminent domain, fire, accident, flood, or other event resulting from natural causes or an accident, such site feature shall not be restored unless it will conform to all regulations of the district in which it is located.

(Ord. No. 2026-23, § 1(Exh. A), 6-1-26)

Effective on: 6/1/2026

Ord. No. 2026-23 , § 1(Exh. A), adopted June 1, 2026, amended Ch. 14 in its entirety to read as herein set out.

Former Ch. 14, §§ 14.1—14.11, pertained to similar subject matter, and derived from ; Ord. No. 8-07, § 1(K), 5-21-07; Ord. No. 15-08, § 34-36, 12-5-08; Ord. No. 20-09, § 4(Exh. B(6)), 9-21-09; Ord. No. 2020-23, § 1(Exh. A), 10-19-20; Ord. No. 2021-16 , § 1(Exh. A), 4-19-21Ord. No. 2024-23, § 1(Exh. A), 6-3-24.

Effective on: 6/1/2026