Brevard City Zoning Code
CHAPTER 19
DEFINITIONS
19.1. Intent.
For the purpose of interpreting this ordinance, certain words, concepts, and ideas are defined herein. Except as defined herein, all other words used in this ordinance shall have their everyday meaning as determined by their dictionary definition.
Effective on: 1/1/1901
19.2. Interpretation.
A.
Words used in the present tense include the future tense.
B.
Words used in the singular number include the plural, and words used in the plural number include the singular.
C.
Any word denoting gender includes the female and the male.
D.
The word "person" includes a firm, association, organization, partnership, corporation, trust and company, as well as an individual.
E.
The word "lot" includes the word "plot" or "parcel" or "tract."
F.
The word "shall" is always mandatory and not merely directory.
G.
H.
The word "district map," "Brevard Zoning Map," or "official zoning map" shall mean the Official Zoning Map of Brevard, North Carolina.
I.
The term "planning director" shall mean the "Planning Director of the City of Brevard, North Carolina" or "designee."
J.
The term "administrator" shall mean the Planning Director of the City of Brevard, North Carolina or designee thereof, who is the individual(s) charged with the administration of this ordinance. The administrator may be otherwise referred to as the "zoning administrator," "floodplain administrator," "code enforcement officer," or "subdivision review officer."
K.
The term "city council" shall mean the City Council of the City of Brevard, North Carolina.
L.
The term "planning and zoning board" shall mean the Planning and Zoning Board of the City of Brevard, North Carolina.
M.
The term "planning department" shall mean the Planning Department of the City of Brevard, North Carolina.
N.
The terms "ordinance," "Code," "UDO" and "Unified Development Ordinance" shall be synonymous and refer to the "City of Brevard UNIFIED DEVELOPMENT ORDINANCE."
Effective on: 1/1/1901
19.3. Definitions.
The following words, terms and phrases, when used in this UDO, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandon
Abandon: To intentionally discontinue from actively using land, structures, or any premises for the intended or previous use for a specified period of time, but excluding temporary periods of inactivity due to remodeling, maintaining, restoring, or otherwise improving a facility.
Effective on: 5/5/2025
Abandoned vehicle
Abandoned vehicle: See Motor Vehicle.
Effective on: 1/1/1901
Abut
Abut: To reach; to touch. To touch at one end or side of something; to be contiguous; join at a border or boundary; terminate on; end at; border on; reach or touch with an end.
Effective on: 1/1/1901
Accessory retail
Accessory retail: The on-premises, retail sale of products directly to customers, where the retail use is incidental to a primary use conducted upon the same premises. Examples include but are not limited to the following: a furniture manufacturer who operates a show floor for the display and sales of furniture produced by the manufacturer; or a bicycle manufacturer who operates a floor for the display and sales of bicycles produced by the manufacturer.
Effective on: 1/1/1901
Accessory structure
Accessory structure: A structure, which is subordinate to a principal structure, on the same lot, and is used for purposes customarily incidental to the principal structure.
Effective on: 1/1/1901
Accessory use
Accessory use: A use of land or of a building or structure or portion thereof, which is incidental and subordinate to a principal use on the same lot.
Effective on: 1/1/1901
Addition (to an existing building)
Addition (to an existing building): An extension or increase in the floor area or height of a building or structure.
Effective on: 1/1/1901
Administrative decision
Administrative decision: Decisions made in the implementation, administration, or enforcement of development regulations that involve the determination of facts and the application of objective standards set forth in G.S. 160D or local government development regulations. These are sometimes referred to as ministerial decisions or administrative determinations.
Effective on: 1/1/1901
Adult establishment
Adult establishment: Any establishment defined in N.C.G.S. §14-202.10 (or any successor thereto), including adult bookstores, adult motion picture theatres, adult mini motion picture theatres, and adult live entertainment businesses. This does not include massage and bodywork therapy.
Effective on: 1/1/1901
Affordable housing
Affordable housing: Housing units that cost no more than 30% of a low-income household’s gross income, including rent, utilities, insurance, and other housing-related expenses. Low-income refers to households earning no more than 80% of area median income (AMI) for a family in Transylvania County, as adjusted periodically by the Department of Housing and Urban Development (HUD).
Effective on: 1/1/1901
Agriculture
Agriculture: Land primarily used to grow crops produce, flowers, etc., raise animals, harvest timber, and harvest fish and other animals from a farm, ranch, or their natural habitats. A farm, as an establishment, may be one or more tracts of land, which may be owned, leased, or rented by the farm operator. Agricultural uses include, but are not limited to the following: farms, urban farms, ranches, dairies, horse boarding, community gardens, greenhouses, nurseries, orchards, or hatcheries.
Effective on: 1/1/1901
Agricultural / produce stand:
Agricultural / produce stand: A temporary use, which may include temporary structures, where fresh produce and limited produce-derived products are for sale.
Effective on: 1/1/1901
Alcoholic beverage sales store
Alcoholic beverage sales store: The retail sales of beer, wine, and/or other alcoholic beverages for off-premise consumption.
Effective on: 1/1/1901
Appeal
Appeal: A request for a review of any action of the administrator or any interpretation by the administrator of any provision of this ordinance.
Effective on: 1/1/1901
Approved palette
Approved palette: When modifying façade material finishes, applied colors are based on this set, inspired by Brevard’s natural setting and rustic vernacular styles. This palette serves as inspiration for potential colors, as opposed to an exhaustive list of options.
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Effective on: 1/1/1901
Arch
Arch: A curved, structural element that spans an opening and supports weight from above.
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Effective on: 1/1/1901
Area of special flood hazard
Area of special flood hazard: See "Special Flood Hazard Area (SFHA)."
Effective on: 1/1/1901
Assessed and appraised value
Assessed and appraised value: The value of a structure prior to being damaged or, in the absence of damage, prior to any proposed modification or improvement. Assessed value is determined by the most recent tax evaluation of the structure by the Transylvania County Tax Assessor, prior to damage or improvement. Appraised or market value is determined by an appraisal submitted by a qualified appraiser. The administrator shall utilize the assessed value of any structure in the administration of this ordinance unless a more accurate appraisal is provided by the property owner. The administrator shall have the authority to request that the property owner provide additional independent appraisals if the administrator feels that a submitted appraisal may be in error or otherwise questionable.
Effective on: 1/1/1901
Automated teller machines (ATM)
Automated teller machines (ATM): Computerized, self-service machines used by banking customers for financial institutions without face-to-face contact with financial institution personnel. These machines may be located at or within banks, or in other locations.
Effective on: 1/1/1901
Auto/mechanical parts sales
Auto/mechanical parts sales: Establishments selling new, used, or rebuilt automotive or mechanical parts and accessories. Examples include parts and supply stores, automotive stereo stores, speed shops, truck cap stores, tires and tube shops, and similar shops for other types of motorized or mechanical equipment.
Effective on: 1/1/1901
Aviation facilities
Aviation facilities: Facilities for for the takeoff and landing of planes, helicopters, and other types of manned aircrafts, such as ultralight vehicles and gliders.
Effective on: 1/1/1901
Awning
Awning: A roof-like covering mounted above a building entrance or windows to protect pedestrians and the façade from the natural elements. (See Section 5.9.4)
Effective on: 1/1/1901
B
Banks, credit unions, financial services institutions, and automated teller machines (ATMs): Establishments that engage in financial transactions that create, liquidate, or change ownership of financial services. Banks, credit unions, and savings institutions may perform central banking functions, accept deposits, and lend funds from these deposits. In addition to banks and credit unions, financial services institutions may include: credit agencies, trust companies, holding companies, lending and thrift institutions, securities/commodity contract brokers and dealers, security and commodity exchanges, vehicle finance (equity) leasing agencies, and investment companies.
Effective on: 1/1/1901
Banner
Banner: Any sign made of flexible fabric-like material except an awning sign.
Effective on: 1/1/1901
Bar/nightclub
Bar/nightclub: A business where alcoholic beverages are sold for on-site consumption, which are not part of a larger restaurant. This term includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. Entertainment including live music, dancing, comedy, etc. may also be included.
Effective on: 1/1/1901
Basement
Basement: Any area of a building having its floor subgrade (below ground level) on all sides.
Effective on: 1/1/1901
Base flood
Base flood: The flood having a one percent chance of being equaled or exceeded in any given year.
Effective on: 1/1/1901
Base flood elevation (BFE)
Base flood elevation (BFE): A determination of the water surface elevations of the base flood as published in the flood insurance study. When the BFE has not been provided in a special flood hazard area, it may be obtained from engineering studies available from a federal or state or other source using FEMA approved engineering methodologies. This elevation, when combined with the freeboard, establishes the "Regulatory Flood Protection Elevation."
Effective on: 1/1/1901
Bay
Bay: A building façade division between two vertical architectural elements, typically featuring a window or other opening.
Effective on: 1/1/1901
Bay window
Bay window: A window assembly whose maximum horizontal projection is not more than two feet from the plane of an exterior wall and is elevated above the floor level of the home.
Effective on: 1/1/1901
B
Bed and breakfasts: Establishments primarily engaged in providing short-term lodging and the service of the breakfast meal in facilities known as bed and breakfast inns and bed and breakfast homes. These establishments provide short-term lodging in private homes or small buildings converted for this purpose. Bed and breakfast establishments are characterized by a highly personalized service and meet the following requirements:
- A.They do not serve food or drink to the general public for pay;
- B.They include the price of breakfast in the room rate; and
- C.The owner or the manager of the business resides on the premises.
Effective on: 1/1/1901
Bedroom
Bedroom: See Sleeping room.
Effective on: 1/1/1901
Belt course
Belt course: A continuous row or layer of stones or brick set in a wall. Set in line with window sills, it helps to make the horizontal line of the sills visually more prominent. Also called a String Course.
Effective on: 1/1/1901
Brewery, distillery, winery, cidery - high impact
Brewery, distillery, winery, cidery - high impact: A large facility for the production of alcoholic beverages that produces more than 15,000 beer or cider barrels (540,000 gallons) or 75,000 gallons of wine or spirits per year.
Effective on: 1/1/1901
Brewery, distillery, winery, cidery - low impact
Brewery, distillery, winery, cidery - low impact: A small facility for the production of alcoholic beverages that produces less than 15,000 beer or cider barrels (540,000 gallons) or 75,000 gallons of wine or spirits per year.
Effective on: 1/1/1901
Brick bond
Brick bond: Various uniform patterns in which brickwork can be laid for structural and aesthetic benefits. In Brevard, brick patterns reflect traditional load-bearing bonds or veneer patterns, including Common Bond, English Bond, Flemish Bond, and Running Bond.
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Effective on: 1/1/1901
Brick finish
Brick finish: An exterior coating or texture applied to bricks to create a desired look and to protect them from the elements. In Brevard, bricks should express warm, natural colors, including shades of brown, tan, red, orange or yellow, reflecting the natural color of local soils.
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Effective on: 1/1/1901
Building
Building: Any "structure" used or intended for supporting or sheltering any use or occupancy. See Structure.
Effective on: 1/1/1901
Buildable area
Buildable area: The portion of any lot which may be used or built upon in accordance with the regulations governing the zoning district within which the lot is located when the front, side, and rear yard setbacks and open space requirements for the district have been subtracted from the total area.
Effective on: 1/1/1901
Building line
Building line: A line measured parallel to the right-of-way line or property line touching that part of the building closest to the right-of-way line or property line. The building line shall not be measured from any encroachments permitted in Section 2.7.9 or any unenclosed structure (e.g., decks or patios).
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Effective on: 1/1/1901
Build-to line
Build-to line: A build-to line is a set building line on a lot, measured parallel from the front and/or corner side lot line, where the structure must be located. The building façade must be located at or in front of the build-to line. Façade articulation, such as window or wall recesses and projections are not counted as the building façade line, which begins at the applicable façade wall. The build-to line may also be referred to as a maximum setback.
Effective on: 1/1/1901
Build-to percentage
Build-to percentage: The build-to percentage specifies the percentage of the building façade that must be located at the build-to line or within a build-to zone. Façade articulation, such as window or wall recesses and projections, do not count against the required build-to percentage.
Effective on: 1/1/1901
Build-to zone
Build-to zone: The area between the build-to line and the minimum setback line.
Effective on: 1/1/1901
Camping uses
Camping uses: Commercial recreational facilities developed for temporary occupancy, with or without facilities, for the exclusive use of its occupants. Camping includes the following uses: campgrounds / recreational vehicle parks; rental cottages / cabins; and seasonal camps
Effective on: 1/1/1901
Campground / recreational vehicle park
Campground / recreational vehicle park: Establishments accommodating campers and their equipment, including tents, tent trailers, travel trailers, and recreational vehicles. Facilities and services may include washrooms and food services. The property shall be used for recreational purposes and retain an open air or natural character. This definition shall not include manufactured homes, manufactured home parks, or the storage of recreational equipment or vehicles.
Effective on: 1/1/1901
Canopy
Canopy: A fixed, structural overhang above a building entrance or windows to protect pedestrians and the façade from the natural elements. (See Section 5.9.5)
Effective on: 1/1/1901
Cemetery
Cemetery: A parcel of land used for interment of the dead in the ground or in mausoleums.
Effective on: 1/1/1901
Chemical storage facility
Chemical storage facility: A building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products.
Effective on: 1/1/1901
City Code
City Code: The Code of Ordinances of the City of Brevard, adopted by the Brevard City Council, and any subsequent amendments.
Effective on: 1/1/1901
Civic/institutional
Civic/institutional: Premises available for organizations dedicated to religion, education, government, social service, health care, and other similar functions.
Effective on: 1/1/1901
Clear height
Clear height: The distance from the ground or floor to the lowest hanging overhead obstruction.
Effective on: 1/1/1901
Cluster home development
Cluster home development: A small lot residential group development that organizes multiple dwellings around a common open space, designed as a cohesive whole and maintained by a single entity or in shared stewardship by residents.
Effective on: 1/1/1901
Colleges/universities
Colleges/universities: Establishments which furnish academic or technical courses and grant degrees, certificates, or diplomas at the associate, baccalaureate, or graduate levels. Examples include junior colleges, colleges, universities and professional schools.
Effective on: 1/1/1901
Column
Column: A vertical structural element, consisting of a rounded or square shaft with a capital and base.
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Effective on: 1/1/1901
Commercial
Commercial: Premises available for the transaction of general business, the provision of services, the commercial sale of merchandise, and/or food and drink consumption, but excluding manufacturing.
Effective on: 1/1/1901
Compensatory storage
Compensatory storage: Replacement of storage volume that is hydrologically equivalent to lost storage when encroachment occurs in the floodplain or a flood prone area.
Effective on: 1/1/1901
Conditional zoning
Conditional zoning: A legislative zoning map amendment with site-specific conditions incorporated into the zoning map amendment.
Effective on: 1/1/1901
Condominium
Condominium: The form of ownership of real property, and any interests therein in which individual owners own or lease separate units but together, or through an owners' association, own the common areas appurtenant to the units.
Effective on: 1/1/1901
Construction office:
Construction office: A use of a temporary, portable, or modular structure utilized as a construction office or equipment shed during the construction of a new development.
Effective on: 1/1/1901
Copy (as used in conjunction with signs)
Copy (as used in conjunction with signs): The wording on a sign surface either in permanent or removable letter form.
Effective on: 1/1/1901
Cornice
Cornice: A horizontal molded projection crowning a building or architectural element, such as at the junction between the roof and the wall or above a main entrance or porch.
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Effective on: 1/1/1901
Correctional Facility
Correctional Facility: Publicly or privately operated facilities housing persons awaiting trial or persons serving a sentence after being found guilty of a criminal offense.
Effective on: 1/1/1901
Cremation
Cremation: The technical process, using intense heat and flame that reduces human remains to bone fragments. Cremation includes the processing and may include the pulverization of the bone fragments.
Effective on: 1/1/1901
C
Cultural or community facility: Facilities designed to promote cultural advancement and serve the community Examples include the following: live theater; dance or music establishments; art galleries, studios and museums; non-profit civic or fraternal organizations; museums; exhibition or similar facilities; libraries; and community centers, such as the YMCA and YWCA.
Effective on: 1/1/1901
Day care center
Day care center: An individual, agency, or organization providing supervision or care on a regular basis for children or adults who are not related by blood or marriage to, and who are not the legal wards or foster children of, the supervising adults. Day care centers are not an accessory to residential use.
Effective on: 1/1/1901
Day care home
Day care home: Supervision or care provided on a regular basis, as an accessory use within a principal residential dwelling unit, by a resident of the dwelling for children or adults who are not related by blood or marriage to, and who are not the legal wards or foster children of, the supervising adult.
Effective on: 1/1/1901
Dedication
Dedication: The reservation for public use of an area of land, usually a strip of land, a street right-of-way or utilities easement, within which there is to be or may be located streets, sidewalks, utility systems and drainage structures, or a lot intended to be used for a public purpose such as a park, playground, or other public facility.
Effective on: 1/1/1901
Default
Default: Default shall be defined as it is specifically defined in an infrastructure improvement agreement executed pursuant to Section 16.12 of this ordinance. If there is no such definition, then the term "default" shall mean failure on the part of the developer to complete improvements in the time allotted, or improvements made that do not meet the city's standards, or improvements made that do not comply with approved development plans, or the ownership of property upon which the improvements are to be made changes without the new owner assuming the obligation to install the required improvements and providing acceptable security to the city.
Effective on: 1/1/1901
Density
Density: The number of dwelling units per acre of land developed or used for residential purposes. Unless otherwise clearly stated, density requirements in this ordinance are expressed in dwelling units per net acre; that is, per acre of land devoted to residential use exclusive of land utilized for streets, alleys, parks, playgrounds, schoolgrounds, or other public uses.
Effective on: 1/1/1901
Development
Development: Any man-made use of, or change to, improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
Effective on: 1/1/1901
Development approval
Development approval: An administrative or quasi-judicial approval made pursuant to G.S. 160D that is written and that is required prior to commencing development or undertaking a specific activity, project or development proposal. Development approvals include but are not limited to, zoning permits, site plan approvals, special use permits, variances, and certificates of appropriateness. The term also includes all other regulatory approvals required by regulations adopted and pursuant to G.S. 160D, including plat approvals, permits issued, development agreements entered into, and building permits issued.
Effective on: 1/1/1901
Development regulation
Development regulation: A UNIFIED DEVELOPMENT ORDINANCE, zoning regulation, erosion and sedimentation control regulation, floodplain or flood damage prevention regulation, mountain ridge protection regulation, stormwater control regulation, housing code, State Building Code enforcement, or any other regulation adopted pursuant to G.S. 160D, or a local act or charter that regulates land use or development.
Effective on: 1/1/1901
Display window
Display window: A large window within a Shopfront frontage that is designed to display items for sale and attract customers to the store
Effective on: 1/1/1901
Disposal
Disposal: As defined in G.S. 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including ground waters.
Effective on: 1/1/1901
Door
Door: Operable barriers installed at building ingress and egress points.
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Effective on: 1/1/1901
Door surround
Door surround: The functional and decorative framing structure surrounding a door.
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Effective on: 1/1/1901
D
Drive-thru: A facility where food and other products or services may be purchased or obtained by motorists without leaving their vehicles. Examples include drive-through fast-food restaurants, coffee, photo stores, pharmacies, bank teller windows, convenience stores, and dry-cleaning pick-up stores without dry cleaning equipment. This term does not include gas stations or other vehicle services, which are separately defined.
Effective on: 1/1/1901
Dwelling
Dwelling: A building that contains one or two "dwelling units" used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes. See Dwelling unit.
Effective on: 1/1/1901
Dwelling, accessory unit (ADU)
Dwelling, accessory unit (ADU): A dwelling unit that exists either as part of a principal dwelling or as an accessory building and is secondary and incidental to the use of the property as single-family or duplex residential.
Effective on: 1/1/1901
Dwelling, duplex
Dwelling, duplex: A building containing two residential dwelling units that is typically divided horizontally, each unit having a separate entrance from the outside or through a common vestibule. Buildings are typically under one ownership.
Effective on: 1/1/1901
Dwelling, multi-family (three or four units/building)
Dwelling, multi-family (three or four units/building): A building containing three or four residential dwelling units. Each unit has a separate entrance from the outside or through a common vestibule. Multi-family dwellings may include triplexes or fourplexes (buildings under one ownership with three or four dwelling units in the same structure).
Effective on: 1/1/1901
Dwelling, multi-family (more than four units/building)
Dwelling, multi-family (more than four units/building): A building containing more than four residential dwelling units. Each unit has a separate entrance from the outside or through a common vestibule. These structure may include apartments (five or more units under one ownership in a single building).
Effective on: 1/1/1901
Dwelling, single-family
Dwelling, single-family: A free standing building designed for and/or occupied by one household. These residences may be individually owned as residences or owned by rental or management companies. Single-family dwellings are typically site-built structures that comply with the North Carolina Residential Building Code, current edition, but also include factory-built, modular home units.
Effective on: 1/1/1901
Temporary dwelling
Temporary dwelling: Temporary housing accommodations for displaced residents when the principal residence of the occupant has been destroyed by wind, fire, flood, movement of earth, or other manmade or natural disaster.
Effective on: 1/1/1901
Dwelling, townhome
Dwelling, townhome: A building that contains three or more separate dwellings divided vertically and connected by shared walls. Each unit has a separate entrance to a front and/or rear yard. This definition includes subdivisions where townhomes are located on zero-lot line properties where common walls are situated on one or more lot lines.
Effective on: 1/1/1901
Dwelling unit
Dwelling unit: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Effective on: 1/1/1901
Eating and drinking establishment uses
Eating and drinking establishment uses: A retail business selling ready-to-eat food and/or beverages for on or off-premise consumption. Customers may be served from an ordering counter (i.e. cafeteria or limited service restaurant), at their tables (full-service restaurant), and at exclusively pedestrian-oriented facilities that serve from a walk-up ordering counter (snack and/or nonalcoholic bars). This definition shall not include any mobile food vendors or other operations serving food and/or beverages from a vehicle. Eating and drinking establishments include, without limitation, the following uses: bars/nightclubs and restaurants.
Effective on: 5/1/2023
Educational uses
Educational uses: Public or private schools or educational or training institutions that offer programs of college, professional, environmental, preparatory, high school, middle school, junior high school, elementary, or kindergarten instruction, or any combination of those facilities, or any other program of trade, technical or artistic instruction, together with associated staff housing and/or conference facilities and other typical educational accessory uses.
Effective on: 1/1/1901
Electric vehicle parking space
Electric vehicle parking space: A public or private parking space installed with electric vehicle supply equipment (EVSE) to charge electric vehicles.
Effective on: 1/1/1901
Elevated building
Elevated building: A non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
Effective on: 1/1/1901
Encroachment
Encroachment: Any structural or architectural element that breaks the plane of a vertical or horizontal regulatory limit, such as extending into setback requirements or above a height limit.
For the purposes of flood management, this term shall mean the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain (including floodway) or surface water protection area (including floodway), which may impede or alter the storage capacity or flow capacity of a floodplain.
Effective on: 1/1/1901
Entertainment/recreation
Entertainment/recreation: Premises for the gathering of people for purposes such as arts and culture, amusement, and recreation.
Effective on: 1/1/1901
Environmental containment parcel
Environmental containment parcel: A parcel land that is shown on a recordable subdivision plat that is not intended for a building as a result of environmental constraints, and which is subject to limitations upon development by deed, contract or other binding agreement with the United States of America or any agency or subdivision thereof, or the State of North Carolina or any agency or subdivision thereof.
Effective on: 1/1/1901
Equipment rental
Equipment rental: Establishments renting or leasing equipment such as the following: a) office machinery and equipment, such as computers, office furniture, copiers, or fax machines; b) heavy equipment (without operators) used for construction, mining, or forestry, such as bulldozers, earthmoving equipment, etc.; c) other non-consumer machinery and equipment, such as manufacturing equipment and metalworking; d) telecommunications, motion picture, or theatrical equipment; e) institutional (i.e. public building) furniture; and f) agricultural equipment without operators.
Effective on: 1/1/1901
Evidentiary hearing
Evidentiary hearing: A hearing to gather competent, material, and substantial evidence in order to make findings for a quasi-judicial decision required by a development regulation adopted under this ordinance.
Effective on: 1/1/1901
Exposed wood structures
Exposed wood structures: Structural supports that may be added to a building exterior for functional and aesthetic reasons. Depending on the architectural style, these may include rafters, brackets, knee braces, trusses, and more.
| TYPES OF EXPOSED WOOD STRUCTURES |
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| TYPES OF EXPOSED WOOD STRUCTURES |
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| TYPES OF EXPOSED WOOD STRUCTURES |
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Effective on: 1/1/1901
Extractive industries
Extractive industries: Enterprises that excavate and remove rock, stone, ore, soil, gravel, sand, minerals, and similar natural materials from the surface and/or subsurface. This definition shall include, but is not limited to, quarries, sand and gravel pits, mines, and soil removal operations. This definition shall not include any such uses that involve blasting or other use of explosives.
Effective on: 1/1/1901
Extractive industries involving blasting
Extractive industries involving blasting: Enterprises that utilize the use of blasting or other explosives in order to excavate and remove rock, stone, ore, soil, gravel, sand, minerals, and similar natural materials from the surface and/or subsurface. This definition shall include, but is not limited to, any quarries, sand and gravel pits, mines, and soil removal operations that involve blasting at any point in the extraction process.
Effective on: 1/1/1901
Façade
Façade: The exterior portion of a building exposed to public view.
Effective on: 1/1/1901
Familial relationship
Familial relationship: As defined in G.S. 160D-109, a "close familial relationship" means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.
Effective on: 1/1/1901
Family care home
Family care home: A home with support and supervisory personnel providing room and board, personal care and rehabilitation services in a family environment for not more than six resident persons with disabilities. Persons with disabilities includes all persons with a temporary or permanent physical, emotional, or mental disability, including, but not limited to, an intellectual or other developmental disability, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances, and orthopedic impairments but not including persons with a mental illness who are dangerous to others. (G.S. 160D-907)
Effective on: 1/1/1901
Fascia
Fascia: The plain, wide band above a Shopfront and its Transom Windows that can be used for the placement of signage. See also Signband.
Effective on: 1/1/1901
Fence
Fence: An enclosure or barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials intended to be used as a boundary, means of protection, privacy screening, area of confinement, or retaining wall.
Effective on: 1/1/1901
Fence, closed
Fence, closed: A fence in which the openings through which clear vision is possible from one side to the other on a horizontal plane comprise 30 percent or less of the total side area of the fence.
Effective on: 1/1/1901
Fence, open
Fence, open: A fence in which the openings through which clear vision is possible from one side to the other on a horizontal plane comprise 70 percent or more of the total side area of the fence.
Effective on: 1/1/1901
Fenestration
Fenestration: Openings on a building façade, such as Windows and Doors. Fenestration expresses each floor of the building.
Effective on: 1/1/1901
Flea market:
Flea market: A periodic sales activity held in an open area, semi-open facility, or temporary structure, where individual merchants offer goods, new and used, for sale to the general public. This definition shall not include private yard sales or garage sales that are conducted on a residentially developed lot by members of the household.
Effective on: 1/1/1901
F
Flood or flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation of runoff of surface waters from any source.
Effective on: 1/1/1901
Flood boundary and floodway map (FBFM)
Flood boundary and floodway map (FBFM): An official map issued by the Federal Emergency Management Agency, on which the special flood hazard areas and the floodways of the City of Brevard and Transylvania County are delineated. This official map is a supplement to, and shall be used in conjunction with, the Flood Insurance Rate Map (FIRM).
Effective on: 1/1/1901
Flood hazard boundary map (FHBM)
Flood hazard boundary map (FHBM): An official map issued by the Federal Emergency Management Agency where the boundaries of the special flood hazard areas have been defined as Zone A.
Effective on: 1/1/1901
Flood insurance
Flood insurance: The insurance coverage provided under the National Flood Insurance Program (NFIP).
Effective on: 1/1/1901
Flood insurance rate map (FIRM)
Flood insurance rate map (FIRM): An official map of the City of Brevard and/or Transylvania County, issued by the Federal Emergency Management Agency, on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated.
Effective on: 1/1/1901
Flood insurance study (FIS)
Flood insurance study (FIS): An examination, evaluation, and determination of flood hazards, corresponding water surface elevations (if appropriate), flood hazard risk zones, and other flood data in the City of Brevard and/or Transylvania County, issued by the Federal Emergency Management Agency. The Flood Insurance Study report includes Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), if published.
Effective on: 1/1/1901
Flood prone area
Flood prone area: See Floodplain.
Effective on: 1/1/1901
Floodplain
Floodplain: Any land area susceptible to being inundated by water from any source.
Effective on: 1/1/1901
Floodplain administrator
Floodplain administrator: The individual(s) appointed to administer and enforce the floodplain management regulations in accordance with Chapter 34 of Brevard City Code.
Effective on: 1/1/1901
Floodplain development permit
Floodplain development permit: Any type of permit that is required in conformance with the provisions of this ordinance prior to the commencement of any development activity within a floodplain. For the purposes of this ordinance, "floodplain development permit" shall be synonymous with "land development permit."
Effective on: 1/1/1901
Floodplain management
Floodplain management: The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain. Such program may include, without limitation, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
Effective on: 1/1/1901
Floodplain management regulations
Floodplain management regulations: This ordinance and other building codes, health regulations, and other applications of police power which control development in flood-prone areas. This term describes federal, state or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.
Effective on: 1/1/1901
Floodproofing
Floodproofing: Any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures, and their contents.
Effective on: 1/1/1901
Floodway
Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Regulatory floodways are delineated upon the most recently published Flood Boundary and Floodway Map (FBFM) and/or Flood Insurance Rate Map (FIRM).
Effective on: 1/1/1901
Flood zone
Flood zone: A geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of flooding in the area.
Effective on: 1/1/1901
Freeboard
Freeboard: The height added to the base flood elevation (BFE) to account for the many unknown factors that could contribute to flood heights greater that the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization on the watershed. Base flood elevation plus the freeboard establishes the "Regulatory Flood Protection Elevation". Two feet of freeboard shall be required for all residential development within the special flood hazard area, and one foot of freeboard shall be required for all non-residential development within the special flood hazard area, except that in special flood hazard areas where no BFE has been established, three feet of freeboard above the highest adjacent grade shall be required for all development.
Effective on: 1/1/1901
Frontage
Frontage: The side of a lot abutting a street. Frontage is not determined by design features (including entrances) of any building(s) located on the lot.
Effective on: 1/1/1901
Frontage line
Frontage line: A line measured across the façade of the portion of the building closest to the street. The frontage line shall not be measured from any encroachments permitted in Section 2.7.9 or any unenclosed structure (e.g., decks or patios). This line can be synonymous with the front building line when a building is oriented towards the street.
| FIGURE 19.3B: ILLUSTRATIVE DIAGRAM OF FRONTAGE LINE AND BUILDING LINE |
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| FIGURE 19.3B: ILLUSTRATIVE DIAGRAM OF FRONTAGE LINE AND BUILDING LINE |
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| FIGURE 19.3B: ILLUSTRATIVE DIAGRAM OF FRONTAGE LINE AND BUILDING LINE |
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| FIGURE 19.3B: ILLUSTRATIVE DIAGRAM OF FRONTAGE LINE AND BUILDING LINE |
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Effective on: 1/1/1901
Funeral homes and services
Funeral homes and services: Establishments for preparing the dead for burial or interment and for conducting funerals (i.e. providing facilities for wakes, arranging transportation for the dead, and selling caskets and related merchandise).
Effective on: 1/1/1901
Garage, private
Garage, private: An accessory building or portion of a principal building used for the storage of private motor vehicles and in which no business, occupation, or service for profit is in any way connected. The term "garage" shall include the term "carport."
Effective on: 1/1/1901
Gas station
Gas station: An establishment that primarily retails automotive fuels. These establishments may also provide services such as automotive repair, automotive oils, and/or replacement parts and accessories. Gas stations include structures that are specialized for selling gasoline with storage tanks, often underground or hidden. Bays for car washes may also be included.
Effective on: 1/1/1901
Government services
Government services: This term includes federal, state, and local government agencies that administer, oversee, and manage public programs and have executive, legislative, and judicial authority.
Effective on: 1/1/1901
Ground water
Ground water: As opposed to surface water, this term refers to water that does not run off, and is not taken up by plants, but soaks beneath the surface of the earth and forms a natural reservoir in soils and geologic formations.
Effective on: 1/1/1901
Group care facilities
Group care facilities: A facility that provides resident services to more than six individuals, at least one of whom is unrelated to the others. These individuals are handicapped, aged, or disabled, [or] are undergoing rehabilitation, and are being provided services in the group care facility to meet their needs. This category includes uses licensed or supervised by any federal, state, or county health/welfare agency, such as group dwellings (all ages), halfway houses, nursing homes, resident schools, resident facilities, and foster or boarding homes.
Effective on: 1/1/1901
Group development
Group development: Any land development subject to a site plan that includes two or more principal buildings on a single parcel (or grouping thereof) for the purpose of development (whether immediate or in the future). Other individual structures designed to accommodate a variety of distinct uses may be considered as a group development at the discretion of the administrator.
Effective on: 1/1/1901
Group living uses
Group living uses: Residential occupancy of a structure by a group of people that do not meet the definition of household living. Generally, group living facilities have a common eating area for residents and residents may receive care or training. Group living includes the following uses: family care home; housing services for the elderly; and rooming or boarding house.
Effective on: 1/1/1901
Gunsmiths and weapon sales
Gunsmiths and weapon sales: Establishments engaged in the business of keeping in stock, selling, offering for sale, or repairing any guns, weapons, firearms, and/or ammunition.
Effective on: 1/1/1901
Hazardous waste facility
Hazardous waste facility: As defined in G.S. 130A, Article 9, a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste.
Effective on: 1/1/1901
Heavy manufacturing
Heavy manufacturing: A facility that involves dangerous, noxious, or offensive uses or a facility that has smoke, odor, noise, glare, fumes, gas, vibration, threat of fire or explosion, emission of particular matter, or any other likely cause. Typically, this use requires an NPDES permit for an industrial or stormwater discharge or involves the use or storage of any hazardous materials or substances or that is used for the purpose of manufacturing, assembling, finishing, cleaning or developing any product or commodity.
Effective on: 1/1/1901
Highest adjacent grade (HAG)
Highest adjacent grade (HAG): The highest natural elevation of the ground surface, prior to construction, immediately next to the proposed walls of the structure.
Effective on: 1/1/1901
Historic structure
Historic structure: Any structure that meets one or more of the following criteria:
- A.Is listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register;
- B.Has been certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
- C.Is individually listed on a local inventory of historic landmarks in communities with a "Certified Local Government (CLG) Program;" or
- D.Has been certified as contributing to the historical significance of a historic district designated by a community with a "Certified Local Government (CLG) Program."
Certified Local Government (CLG) Programs are approved by the U.S. Department of the Interior in cooperation with the North Carolina Department of Cultural Resources pursuant to the National Historic Preservation Act.
Effective on: 1/1/1901
Home occupation
Home occupation: An occupation or profession conducted within a dwelling unit by a residing family member that is incidental to the primary use of the dwelling as a residence.
Effective on: 1/1/1901
Horizontal band
Horizontal band: A horizontal band of three or more windows separated by mullions. They are most commonly found in industrial and institutional buildings where there is a need for greater natural light in the interior space.
Effective on: 1/1/1901
Horizontal organization
Hospital
Hospital: A health care facility the purpose of which is to provide for care, treatment and testing for physical, emotional, and/or mental injury, illness, or disability, and overnight boarding of patients, either on a for-profit or not-for-profit basis. This term does not include group homes.
Effective on: 1/1/1901
Household living uses
Household living uses: Residential occupancy of a dwelling unit by a household. Household living includes the following uses: Dwelling, Single-family; Dwelling, Duplex; Dwelling, Multifamily 3-4 units/building; Dwelling, Multifamily more than 4 units/building; Dwelling, Townhome; Manufactured Home; Live-Work Units; and Mixed-use residential unit.
Effective on: 1/1/1901
Housing services for the elderly
Housing services for the elderly: Establishments which offer a wide range of residential and health services for persons meeting the Housing for Older Persons Exemptions of the Fair Housing Act (24 C.F.R. Sections 100.300 through 100.308). This term includes uses such as retirement housing, congregate living services, assisted living services, and continuing care retirement centers.
Effective on: 1/1/1901
H
Human crematory or human crematorium: Establishments that houses the cremation equipment, the holding and processing facilities, the business office, and other parts of the crematory business. A crematory must comply with all applicable public health and environmental laws and rules and must contain the equipment and meet all of the standards established by the standards set by the North Carolina Board of Funeral Service and the North Carolina Cremation Authority.
Effective on: 1/1/1901
Impervious area
Impervious area: Any man-made surface which restricts the percolation of rain water into the soil including, but not limited to, areas covered by roofs, roof extensions, patios, porches, driveways, sidewalks, parking areas and athletic courts. Also referred to as built-upon area, impervious surface or impervious coverage. In accordance with NCGS §143-214.7D, the following is not considered an impervious area:
- A.A slatted deck.
- B.The water area of a swimming pool.
- C.The surface of number 57 stone, as designed by the American Society for Testing and Materials, laid at least 4 inches thick over a geotextile fabric.
- D.A trail or greenway that is either unpaved or paved with pavement that is porous with a hydraulic conductivity greater than 0.001 centimeters per second (1.41 inches per hour).
- E.Landscaping material, including, but not limited to, gravel, mulch, sand, and vegetation, placed on areas that receive pedestrian or bicycle traffic or on portions of driveways and parking areas that will not be compacted by the weight of a vehicle, such as the area between sections of pavement that support the weight of a vehicle.
- F.Artificial turf, manufactured to allow water to drain through the backing of the turf, and installed according to the manufacturer’s specifications over a pervious surface.
Effective on: 1/1/1901
Indoor amusements
Indoor amusements: Establishments that provide commercial recreation activities completely within an enclosed structure such as pool halls, arcades, skating rinks and bowling alleys.
Effective on: 1/1/1901
Indoor animal services
Indoor animal services: Establishments that include services by licensed practitioners of veterinary medicine, dentistry, or surgery for animals, boarding services for pets, grooming and indoor canine obedience and agility training. This term does not include outdoor "kennels".
Effective on: 1/1/1901
Indoor firing range
Indoor firing range: Establishments that operate permanent enclosed firing ranges or properties upon which regular or organized shooting events are held.
Effective on: 1/1/1901
Indoor recreation facilities
Indoor recreation facilities: Uses or structures for active recreation including, without limitation, gymnasiums, natatoriums, athletic equipment, indoor running tracks, climbing facilities, court facilities and their customary accessory uses. This definition is inclusive of both non-profit and for-profit operations.
Effective on: 1/1/1901
Indoor vehicle/heavy equipment sales
Indoor vehicle/heavy equipment sales: Establishments which may have indoor showrooms for selling vehicles or heavy equipment. This term includes, without limitation, dealers for compact automobiles and light trucks, buses, trucks, motorcycles, mopeds, ATV's and boat and marine craft.
Effective on: 1/1/1901
Infill development
Infill development: New development or expansions, including all uses except industrial, on vacant, undeveloped or underdeveloped land in a built-up area which is abutted by urban development or designated open space and which can be readily connected to public infrastructure, such as transportation, water, wastewater, and other utilities. Development on tracts of land larger than 5 acres shall not be considered infill development.
Effective on: 1/1/1901
Infrastructure
Infrastructure: Uses and structures dedicated to transportation, communication, information, and utilities.
Effective on: 1/1/1901
Illumination of signs
Illumination of signs: The lighting of a sign or exposing of a sign to artificial light either from within or without. In no instance shall the illumination of a sign interfere with adjacent traffic or disturb residential neighborhoods.
Effective on: 1/1/1901
Junk
Junk: The term "junk" shall mean old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste or junked, dismantled automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.
Effective on: 1/1/1901
Junkyard / salvage yard
Junkyard / salvage yard: Any non-residential property used for the storage, collection, and/or recycling of any type of equipment, including but not limited to vehicles, appliances and related machinery.
Effective on: 1/1/1901
Keeping bees
Keeping bees: The keeping of bees as an accessory use. This definition shall include any permanent or temporary structures related to beekeeping.
Effective on: 1/1/1901
Keeping domestic fowl (chickens)
Keeping domestic fowl (chickens): The keeping of geese, ducks, chickens or other domestic fowl as an accessory use. This definition shall include any permanent or temporary structures related to domestic fowl.
Effective on: 1/1/1901
Kennels and outdoor animal services
Kennels and outdoor animal services: A use or structure intended and used for the breeding or accommodation of small domestic animals for sale, training, or overnight boarding for persons other than the owner of the lot that includes overnight outdoor activity. This includes all private, public and commercial kennels, breeding facilities, and outdoor pet day care establishments. This term does not include veterinary clinics or other "animal services" in which the overnight boarding of animals is necessary for, or accessory to, the testing and medical treatment of the physical disorders of animals.
Effective on: 1/1/1901
Laboratory
Laboratory: A facility for medical and/or scientific testing, analysis, and/or research. Examples include medical labs, soils and materials testing labs, and forensic labs.
Effective on: 1/1/1901
Landscaping and contractor services
Landscaping and contractor services: An operation where equipment and materials are kept, and which provides yard and garden landscaping and maintenance service, or other contractor services. This may include an office or other buildings and structures to store inventory, equipment, and vehicles, but shall not include a dump heap or landfill.
Effective on: 1/1/1901
Laundry, dry cleaning plant
Laundry, dry cleaning plant: A service establishment engaged primarily in high volume laundry and garment services, including, without limitation, carpet and upholstery cleaners, diaper services, dry-cleaning and garment pressing, commercial laundries and linen supply. These facilities may include customer pick-up but do not include coin-operated laundries or dry cleaning pick-up stores without dry cleaning equipment.
Effective on: 1/1/1901
Legislative hearing
Legislative hearing: A hearing to solicit public comment on a proposed legislative decision.
Effective on: 1/1/1901
Letter of map change (LOMC)
Letter of map change (LOMC): A determination document issued by FEMA that officially revises the FIRM based on updated information, which may include improved data or topography changes created by fill placement. The term LOMC includes Letters of Map Amendment (LOMA), Letters of Map Revision (LOMR), and Letters of Map Revision based on Fill (LOMR-F).
Effective on: 1/1/1901
Light industrial and manufacturing
Light industrial and manufacturing: Establishments involving the assembly, fabrication, production or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of a building which is visually undifferentiated from an office building. These non-residential uses may:
- A.require a NPDES permit for an industrial or stormwater discharge;
- B.involve the use or storage of any hazardous materials or substances;
- C.be used for the purpose of manufacturing, assembling, finishing, cleaning or developing any product or commodity; or
- D.rely on special power, water, or waste disposal systems for operation, so long as the noise, odor, dust, and glare of each operation are completely confined within an enclosed building, insofar as practical.
Effective on: 1/1/1901
Lintel
Lintel: A horizontal beam that spans openings in a building, such as doors or windows. Lintels can be decorative, structural, or both.
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Effective on: 1/1/1901
Live performance theater
Live performance theater: A building or space in which plays and other dramatic performances are given. This term includes concert halls and other structures typically with fixed seats arranged on a sloped or stepped floor; may seat 300 to 3,000 people.
Effective on: 1/1/1901
Live-work unit
Live-work unit: A residential building type that consists of both a residential use and a non-residential use that is allowed in the applicable zoning district. Typically, the enterprise or non-residential use is located on the ground floor and the residential unit is above or behind.
Effective on: 1/1/1901
Loading space, off-street
Loading space, off-street: Space conveniently located for pickups and deliveries, scaled to the delivery vehicles expected to be used, and accessible to such vehicles even when required off-street parking spaces are filled.
Effective on: 1/1/1901
Lodging
Lodging: Premises available for short-term human habitation for a fee, including daily and weekly rental.
Effective on: 1/1/1901
Lot, air
Lot, air: A condominium unit or lot containing both horizontal and vertical dimensions and established as part of a shared structure. The air lot generally extends to the inner faces of the walls, floors and ceiling of the condominium unit.
| ILLUSTRATIVE DIAGRAM OF AIR LOTS |
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| ILLUSTRATIVE DIAGRAM OF AIR LOTS |
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| ILLUSTRATIVE DIAGRAM OF AIR LOTS |
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Effective on: 1/1/1901
Lot, conventional
Lot, conventional: Conventional Lot shall refer to any lot where the minimum lot width for conventional lots (See Section 2.7.1) is met at the right-of-way line.
Effective on: 1/1/1901
Lot, conservation
Lot, conservation: A parcel of land containing remnant vegetation to be protected through a conservation covenant.
Effective on: 1/1/1901
Lot, interior
Lot, interior: An individual lot within a group development where the overall site abuts a public street and is designed in such a manner that access is furnished to all interior lots or building sites. Also referred to as an "out-parcel."
Effective on: 1/1/1901
Lot, irregular
Lot, irregular: A lot where the functional access to a road is provided along a long narrow “parcel connector” and the “buildable area” is typically situated, at least in part, behind adjoining lots which front on a public street.
- A.“Buildable Area”: The largest portion of an irregular lot where development is intended.
- B.“Parcel Connector”: The long narrow strip of property that provides functional access for ingress, egress, and utilities.
| ILLUSTRATIVE DIAGRAMS OF IRREGULAR LOTS |
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| ILLUSTRATIVE DIAGRAMS OF IRREGULAR LOTS |
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Effective on: 1/1/1901
Lot, pre-existing
Lot, pre-existing: Any parcel of land, the boundaries of which were on record within the Transylvania County Register of Deeds prior to the date of the enactment of this ordinance.
Effective on: 1/1/1901
Lot width
Lot width: The distance between side lot lines.
Effective on: 1/1/1901
Lowest adjacent grade (LAG)
Lowest adjacent grade (LAG): The elevation of the ground, sidewalk or patio slab immediately next to the building or deck support after completion of the building.
Effective on: 1/1/1901
Manufactured home
Manufactured home: A dwelling unit fabricated in an off-site manufacturing facility for installation or assembly on the building site which also meets the following requirements:
- A.It is at least eight feet in width and 32 feet in length;
- B.It is placed upon a permanent foundation which meets the installation and foundation requirements adopted by the N.C. Commissioner of Insurance;
- C.It is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site; and
- D.It does not have any wheels or axles permanently attached to its body or frame.
Effective on: 1/1/1901
Manufactured home park
Manufactured home park: A residential group development with three or more manufactured homes or manufactured home spaces designed as a cohesive whole and maintained either by a single entity or in shared stewardship by residents.
Effective on: 1/1/1901
Manufacturing research and development (R&D)
Manufacturing research and development (R&D): A facility for scientific research and the design, development, and testing of electrical, electronic, magnetic, optical, and computer and telecommunications components in advance of product manufacturing. Such facility may include the assembly of related products from parts produced off-site, where the manufacturing activity is secondary to the research and development activities. Includes pharmaceutical, chemical, and biotechnology research and development.
Effective on: 1/1/1901
Manufacturing/wholesale/storage
Manufacturing/wholesale/storage: Premises available for the creation, assemblage, storage, and repair of items including their wholesale or retail sale.
Effective on: 1/1/1901
Market value
Market value: The value of a building, not including the land value or the value of any accessory structures or other improvements on the lot. Market value may be established by independent certified appraisal, by replacement cost depreciated for age of building and cost of construction (actual cash value), or by adjusted tax assessed values.
Effective on: 1/1/1901
Masonry stylization
Masonry stylization: Stylistic masonry features that can be applied to the façade to express weatherproofing, structure, and building function. These may include:
- A.Horizontal masonry features for weatherproofing purposes, such as Water Tables, Belt Courses, String Courses, and Parapets.
- B.Structural expression techniques, such as Quoining, Rustication, Corbeling, Lintels, and Arches.
- C.Functional expression purposes, such as Signbands.
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Effective on: 1/1/1901
Massing:
Massing: How the primary building mass relates to building extensions, building frontages, and building wings.
Effective on: 1/1/1901
Media production
Media production: Facilities for motion picture, television, video, sound, computer, and other communications media production. These facilities include the following types:
- A.Back lots/outdoor facilities;
- B.Indoor support facilities; and
- C.Soundstages-warehouse-type facilities providing space for the construction and use of indoor sets, including supporting workshops and craft shops.
Effective on: 1/1/1901
Medical offices and facilities
Medical offices and facilities: Facilities that provide ambulatory or outpatient health care such as physician offices, dentist offices, emergency medical clinics, outpatient family planning services, and blood and organ banks.
Effective on: 1/1/1901
Metal finish
Metal finish: Treating a metal surface to create a desired appearance and/or strengthen its performance. In Brevard, natural coloration, weathering (corten) steel, and paint can be used to achieve a rustic effect.
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Effective on: 1/1/1901
M
Metal products fabrication, machine or welding shop: An establishment engaged in the production and/or assembly of metal parts, including the production of metal cabinets and enclosures, cans and shipping containers, doors and gates, duct work forgings and stampings, hardware and tools, plumbing fixtures and products, tanks, towers, and similar products. Examples of these include, without limitation, the following: blacksmith and welding shops; plating, stripping, and coating shops; sheet metal shops; machine shops; and boiler shops.
Effective on: 1/1/1901
Mixed-use residential unit
Mixed-use residential unit: A non-residential building type that consists of both a residential use and a non-residential use that is allowed in the applicable zoning district.
Effective on: 5/1/2023
Mobile food vendors (or food trucks)
Mobile food vendors (or food trucks): Licensed motor vehicles or mobile food units which offer for sale and consumption food and beverages (excluding alcohol).
Effective on: 1/1/1901
Mobile food vendor site
Mobile food vendor site: A permanent location for licensed mobile food vendors or food trucks to offer food and beverages for sale and consumption.
Effective on: 5/1/2023
Modular home
Modular home: A factory-built dwelling unit, other than a manufactured home, that is labeled as a North Carolina Modular Home and built and set up in accordance with the North Carolina Residential Code, current edition. Such structures include varieties commonly delivered onsite in modules, as well as "on-frame" structures delivered completely pre-assembled.
Effective on: 1/1/1901
Moped
Moped: North Carolina law (G.S. 105-3.22) defines a moped as a vehicle with two or three wheels with a motor of no more than 50 cubic centimeters of piston displacement and no external shifting device, not to exceed 30 mph.
Effective on: 1/1/1901
Monitor
Monitor: A raised structure running along the ridge of a double-pitched roof, with its own roof running parallel to the main roof. The long sides of monitors usually contain Clerestory Windows or louvers to light or ventilate the area under the roof. Monitors are usually located on industrial buildings.
Effective on: 1/1/1901
Motor vehicle
Motor vehicle: All machines designed or intended to travel over land or water by self-propulsion or while attached to any self-propelled vehicle.
Effective on: 1/1/1901
Motor vehicle, abandoned
Motor vehicle, abandoned: A motor vehicle that meets one or more of the following criteria:
- A.It has been left upon a street or highway in violation of a law or ordinance prohibiting parking;
- B.It has been left on property owned or operated by the city for longer than 24 hours;
- C.It has been left on private property without the consent of the owner, occupant, or lessee thereof for longer than two hours; or
- D.It has been left on any public street or highway for longer than seven days.
Effective on: 1/1/1901
Motor vehicle, junked
Motor vehicle, junked: An abandoned motor vehicle which also meets one or more of the following criteria:
- A.It is partially dismantled or wrecked;
- B.It cannot be self-propelled or moved in the manner in which it was originally intended to move;
- C.It is more than five years old and worth less than $100.00; or
- D.It does not display a current license plate.
Effective on: 1/1/1901
Motor vehicle, nuisance
Motor vehicle, nuisance: A vehicle on public or private property that is determined and declared to be a health or safety hazard, a public nuisance, and/or unlawful. Without limitation, this term includes a vehicle found to meet one or more of the following criteria:
- A.It is a breeding ground or harbor for mosquitoes, other insects, rats or other pests;
- B.It is a point of heavy growth of weeds or other noxious vegetation over eight inches in height;
- C.It is a point of collection of pools or ponds of water;
- D.It is a point of concentration of quantities of gasoline, oil or other flammable or explosive materials as evidenced by odor;
- E.It is one which has areas of confinement which cannot be operated from the inside, such as trunks, hoods, etc.;
- F.It is so situated or located that there is a danger of it falling or turning over;
- G.It is one which is a point of collection of garbage, food waste, animal waste, or any other rotten or putrescible matter of any kind;
- H.It is one which has sharp parts thereof which are jagged or contain sharp edges of metal or glass;
- I.It is a vehicle no longer commonly being used for personal or commercial transportation or conveyance of goods, but is stationary, either temporarily or permanently, and being utilized as an advertising platform, storage facility, dwelling, animal shelter or other use not of its original primary design; or
- J.Any other vehicle specifically declared a health and safety hazard and a public nuisance by the city council.
Effective on: 1/1/1901
Mortar
Mortar: The bonding agent used to join masonry building blocks. Mortar can be applied in many styles, such as Concave, Vee, Grapevine, or Flush to maximize durability and weatherproofing for the exposed materials. For the best appearance, mortar should be lighter in color than the brick it is paired with.
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Effective on: 1/1/1901
Movie theater
Movie theater: A specialized theater for showing movies or motion pictures on a projection screen. This category also includes cineplexes and megaplexes, complex structures with multiple movie theaters, each theater capable of an independent performance.
Effective on: 1/1/1901
Mullion
Mullion: A vertical or horizontal bar that separates units of glass on a multi-lite window.
Effective on: 1/1/1901
Multiphase development
Multiphase development: A development that is constructed in increments. Each increment would be capable of existing independent of the others, but the completed project would be a comprehensive design.
Effective on: 1/1/1901
Mural
Mural: Any image painted, applied, or affixed directly on to a privately owned, nonresidential building wall, retaining and screening wall, or other large existing outdoor surface in the CMX, DMX, PGX, NMX, IC, or GI zoning districts for artistic and/or aesthetic purposes as opposed to advertising. A distinguishing characteristic of a mural is that the architectural elements of the given surface are often harmoniously incorporated into the depicted image. Murals may incorporate logos, symbols, and copy within the image, however such elements combined shall not exceed eight percent of the mural's total surface area, and any murals that do not adhere to this requirement shall be considered wall signs and permitted as such.
Effective on: 1/1/1901
Natural grade
Natural grade: The highest elevation where the base of a sign and the ground meet.
Effective on: 1/1/1901
Neighborhood development
Neighborhood development: A residential group development designed as individual lots with shared stewardship of common areas and infrastructure. This definition shall apply to any predominantly residential project with 8 or more lots and/or shared infrastructure.
Effective on: 1/1/1901
New construction
New construction: Any newly constructed building or structure. This definition shall also apply to existing buildings that are altered in the following ways:
- Additions to existing structures that equal or exceed 66% of the gross floor area of the existing structure.
- Substantial improvements to existing structures that equal or exceed 66% of the value of the existing structure and require the issuance of at least two trade permits from the Transylvania County Building and Inspections Department.
Effective on: 1/1/1901
Nonconformities
Nonconformities: A lot, structure, use of land, or condition, which existed lawfully and was created in good faith prior to the adoption, revision, or amendment to this ordinance, and which conformed to applicable regulations in effect prior to the adoption, revision, or amendment to this ordinance in terms of size, area, dimension, location, intensity of use, or other condition, but which now fails to conform to the requirements of this ordinance by reason of such adoption, revision, or amendment. Nonconformities include, but are not limited to, the following:
- A.Non-conforming lots: lots of non-standard shape or lots with insufficient frontage, in accordance with CHAPTER 4.
- B.Non-conforming structures: structures located within a right-of-way, or that exceed height or setback limitations, or that are located within setback areas, floodways, or streamside protection areas.
- C.Non-conforming uses of land: industrial activity within residentially zoned areas, hazardous chemical storage in flood-prone areas, open storage in a improperly zoned area.
- D.Non-conforming conditions: insufficient parking, landscaping, or buffering for an otherwise conforming use or structure; cleared vegetation in a streamside protection area; inadequate stormwater control measures.
Effective on: 1/1/1901
Non-encroachment area
Non-encroachment area: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot as designated in the flood insurance study report.
Effective on: 1/1/1901
Non-residential accessory use
Non-residential accessory use: A use of land or of a building or structure or portion thereof, which is incidental and subordinate to a non-residential principal use on the same lot.
Effective on: 1/1/1901
N
Non-substantial or non-significant improvement: Any improvement that does not meet the definition of substantial or significant improvement, as defined in this section.
Effective on: 1/1/1901
Opaque
Opaque: The characteristic of not being able to be seen through or not allowing light to show through.
Effective on: 1/1/1901
Open storage
Open storage: The placement or storage of materials or products (such as construction materials or raw materials or products of a manufacturing process) on a lot, outside of a structure which is enclosed by walls and a roof.
Effective on: 1/1/1901
Operable shutter
Operable shutter: Hinged, movable panels fixed outside a window that can be closed for security, storms, privacy or to keep out light. Shutters can be paneled or louvered. Unlike fixed, decorative shutters, operable shutters are designed to open and close, and are sized to fit the window opening.
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Effective on: 1/1/1901
Outdoor advertising device
Outdoor advertising device: A device consisting of twirlings, balloons, flags, flashing lights and other similar materials used to attract attention.
Effective on: 1/1/1901
Outdoor amusements
Outdoor amusements: Establishments that provide commercial recreation activities primarily outdoors such as miniature golf establishments, go-cart facilities, theme parks, fairgrounds and midways, paintball parks, and water rides.
Effective on: 1/1/1901
Outdoor firing ranges
Outdoor firing ranges: Permanent firing ranges operated for profit or by a club or organization or properties upon which regular or organized shooting events are held. This definition does not include the incidental and recreational use of firearms and clay target shooting in the extraterritorial jurisdiction on private property upon which no firing range is constructed.
Effective on: 1/1/1901
Outdoor seasonal sale:
Outdoor seasonal sale: A temporary use, which may include temporary structures, where seasonal goods are sold, such as Christmas tree sales, holiday sales, plant sales, and pumpkin sales.
Effective on: 1/1/1901
Outdoor recreation facilities
Outdoor recreation facilities: Parks and other open space used for active or passive recreation such as ball fields, playgrounds, greenway trails, tennis courts, and golf courses, and their customary accessory uses including, but not limited to, concession stands, maintenance sheds, clubhouses, pools, restrooms, and picnic shelters. This definition is inclusive of both non-profit and for-profit operations.
Effective on: 1/1/1901
Outdoor vehicle/heavy equipment sales
Outdoor vehicle/heavy equipment sales: Establishments which may have indoor showrooms or open lots for selling vehicles or heavy equipment. This term includes, without limitation, dealers for compact automobiles and light trucks, buses, trucks, mobile homes, motorcycles, mopeds, ATV's and boat and marine craft.
Effective on: 1/1/1901
Overnight accommodations
Overnight accommodations: Establishments providing lodging and short-term accommodations for travelers. They may offer a wide range of services including overnight sleeping space, food services, convention hosting services, and/or laundry services. Entertainment and recreation activities may also be included. Overnight accommodations include, without limitation, the following uses: bed and breakfast establishments; hotels; motels; inns; extended-stay hotels; hostels; and short-term rentals.
Effective on: 1/1/1901
Parapet
Parapet: Low wall projecting from the edge of a platform, terrace, roof, or exterior wall of a building.
Effective on: 1/1/1901
Parapet gable roof
Parapet gable roof: A type of gable roof treatment where the building walls on each end of the gable roof extend above the roof level and are capped with waterproof coping.
Effective on: 1/1/1901
Parcel
Parcel: An area designated as a separate and distinct parcel of land on a legally recorded subdivision plat or in a legally recorded deed as filed in the official records of Transylvania County, as maintained in the Transylvania County courthouse. The terms "lot," "lot record," "lot of record," "plot," "parcel," "property," or "tract," whenever used in this ordinance, are interchangeable.
Effective on: 1/1/1901
Parks, open space, and greenways
Parks, open space, and greenways: Publicly accessible natural areas consisting mostly of vegetation, passive or active outdoor recreation and having few structures. These areas may have commercial activities for recreational uses only.
Effective on: 1/1/1901
Parking area
Parking area: Any public or private open area or facility used for parking automobiles and other vehicles serving a primary use or uses.
Effective on: 1/1/1901
Parking lot
Parking lot: Any public or private open area or facility used for parking automobiles and other vehicles as a principal use. The lot or facility may serve as remote parking for a principal use on a separate lot or as a principal use on the site. A fee may or may not be charged.
Effective on: 1/1/1901
Passenger vehicle terminal
Passenger vehicle terminal: Facilities for trains, buses, taxis or limo services. Passenger vehicle terminal includes, without limitation, the following uses: bus passenger terminal, multi-modal facility, railroad station, and taxi dispatch center.
Effective on: 1/1/1901
Pediment
Pediment: A structural and decorative gable directly supported by posts or columns, typically located above an entrance. Pediments are distinct features from the building roof.
Effective on: 1/1/1901
Personal services
Personal services: An establishment primarily engaged in providing services that are generally related to the care of a person. Such personal services include, but are not limited to, the following: hair salons and barbershops, massage and bodywork therapists, spas, and tanning salons. Personal services shall not include any use which may be defined as an adult establishment.
Effective on: 1/1/1901
Pilaster
Pilaster: A vertical architectural element, resembling a column, that is embedded into or attached to a wall.
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Effective on: 1/1/1901
Poster
Poster: Any sign made of a rigid or semirigid, nondurable material, such as paper or cardboard, other than advertising copy applied to a permanent sign structure.
Effective on: 1/1/1901
Post-FIRM
Post-FIRM: Construction or other development for which the "start of construction" occurred on or after the effective date of the initial Flood Insurance Rate Map for the area.
Effective on: 1/1/1901
Post office
Post office: Establishments conducting operations of the National Postal Service.
Effective on: 1/1/1901
Pre-FIRM
Pre-FIRM: Construction or other development for which the "start of construction" occurred before the effective date of the initial Flood Insurance Rate Map for the area.
Effective on: 1/1/1901
Principally above ground
Principally above ground: This term signifies that at least 51 percent of the actual cash value of a structure is above ground.
Effective on: 1/1/1901
P
Principal structure: A building in which is conducted the principal use of the parcel on which it is situated. Also referred to as "principal building."
Effective on: 1/1/1901
Professional services
Professional services: Services provided that make available the knowledge and skills of their employees to sell expertise and perform professional, scientific, and technical services to others. Such services include, without limitation, those listed in Section 3.7.C.
Effective on: 1/1/1901
Property line
Property line: The legally established boundary of a lot, which boundary shall be considered coincident with any abutting public street right-of-way line unless the metes and bounds description contained in.
Effective on: 1/1/1901
Proportion
Proportion: Time-tested ratios in design such as the Golden Section, squares, and circles.
Effective on: 1/1/1901
Public parking facilities
Public parking facilities: Facilities open to the public for off-street vehicle parking that are owned or operated by a government agency or municipal service district, or developed as a public-private partnerships.
Effective on: 1/1/1901
P
Public safety [contrary to] and/or nuisance: Anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any street, sidewalk, or other public travel way, navigable lake, or river, bay, stream, canal, or basin.
Effective on: 1/1/1901
Public safety station
Public safety station: A facility operated by a public agency the purpose of which is public safety. This term includes, without limitation, fire stations, other fire prevention and firefighting facilities, police and sheriff substations and headquarters.
Effective on: 1/1/1901
Quasi-judicial decision
Quasi-judicial decision: A decision involving 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. The term includes, but is not limited to, decisions involving variances, special use permits, certificates of appropriateness, and appeals of administrative determinations. Decisions on the approval of subdivision plats and site plans are quasi-judicial in nature if the regulation authorizes a decision-making board to approve or deny the application based not only upon whether the application complies with the specific requirements set forth in the regulation, but also on whether the application complies with one or more generally stated standards requiring a discretionary decision on the findings to be made by the decision-making board.
Effective on: 1/1/1901
Recreational vehicle
Recreational vehicle:
- A.A vehicular-type unit meeting the following criteria:
- 1.It is primarily designed not for use as a permanent dwelling but as temporary living quarters for recreational, camping, or travel use;
- 2.It either has its own motive power or is mounted on or drawn by another vehicle;
- 3.It is built upon a single chassis; and
- 4.It is 400 square feet or less when measured at the largest horizontal projection.
- B.The basic types of recreational vehicles are travel trailers, camping trailers, truck campers, and motor homes.
- 1.A park trailer (park model) is a unit that is (a) built upon a single chassis mounted on wheels and, (b) has a gross trailer area not exceeding 400 square feet in the set-up mode.
- 2.A park model recreational vehicle is a small mobile home, typically built in accordance with the construction requirements of the HUD Manufactured Housing Code which, because of their limited size (400 square feet or less of living space), are neither labeled nor regulated under the jurisdiction of the HUD program but are typically built, labeled, and sold as a recreational vehicle.
- C.In no case shall any type of recreational vehicle as defined above be classified as any other type of structure except as follows:
- 1.Park model recreational vehicles that are built and labeled in accordance with the HUD National Manufactured Housing Construction and Safety Standards Act of 1974 shall be considered a manufactured home.
- 2.Park model recreational vehicles that are built in accordance with the North Carolina Regulations for Modular Construction and labeled as a North Carolina Modular Home shall be considered a modular home.
Effective on: 1/1/1901
Recycling, small collection
Recycling, small collection: A location where the public may donate, redeem or sell recyclable materials, which occupies an area of 350 square feet or less. Such facility may include the following: a mobile unit; bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet; and kiosk-type units that may include permanent structures.
Effective on: 1/1/1901
Regulatory jurisdiction
Regulatory jurisdiction: The geographic area encompassed by the City of Brevard, North Carolina, and its extraterritorial jurisdiction.
Effective on: 1/1/1901
Religious institutions or places of worship
Religious institutions or places of worship: Any facility such as a church, temple, monastery, synagogue, or mosque used by a non-profit organization for worship and, if applicable customary related uses such as education (pre-schools, religious education, etc.), recreation (gymnasiums, activity rooms, ball fields, etc.), housing (rectory, parsonage, emergency housing, etc.) and accessory uses such as cemeteries and mausoleums.
Effective on: 1/1/1901
Remedy a violation
Remedy a violation: To bring a structure or other development into compliance with applicable regulations. For the purposes of floodplain regulations, to remedy a violation may mean to reduce the impacts of noncompliance if compliance is not possible due to pre-existing conditions. Ways that impacts may be reduced include protecting the structure or other affected development from flood damage, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
Effective on: 1/1/1901
Rental cottages / cabins
Rental cottages / cabins: A commercial lodging establishment in which multiple individual cabins or similar structures are rented for temporary lodging and recreation. This definition shall not include short-term rentals.
Effective on: 1/1/1901
Reserve strip
Reserve strip: A narrow strip of land along a property line, typically at the edge of a subdivision, reserved to control access to abutting properties or public rights-of-way.
Effective on: 1/1/1901
Residential
Residential: Premises available for long-term human habitation by means of ownership and rental, but excluding short-term leasing or rental of less than a month's duration.
Effective on: 1/1/1901
Residential accessory use
Residential accessory use: A use of land or of a building or structure or portion thereof, which is incidental and subordinate to a residential or lodging principal use on the same lot.
Effective on: 1/1/1901
Residential zoning district
Residential zoning district: Any zoning district that permits residential land uses.
Effective on: 1/1/1901
Retail uses
Retail uses: Facilities involved in the sale, lease, or rental of new or used products, merchandise and prepared foods. Retail sales include, but are not limited to, those listed in Section 3.7.D.
Effective on: 1/1/1901
Rhythm
Rhythm: The repetition of elements to create a sense of movement, harmony, and balance in a space. It can be achieved through the consistent use of lines, shapes, colors, textures, lighting, and patterns.
Effective on: 1/1/1901
Right-of-way
Right-of-way: A dedicated strip of land reserved for a specific use, such as for a street, pedestrian, or utility easement.
Effective on: 1/1/1901
Riverine
Riverine: Relating to, formed by, or resembling a river. This term includes tributaries of a river, such as streams, brooks, branches, etc.
Effective on: 1/1/1901
Roof Material
Roof Material: The material used on the outermost roof layer. Roof materials may include shingles, metal, or conventional flat roof systems, and use natural colors such as browns, tans and grays.
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Effective on: 1/1/1901
Roof pitch
Roof pitch: The slope or incline of a roof, expressed as the ratio of vertical rise over horizontal run.
Effective on: 1/1/1901
Roof shape
Roof shape: The shape of a building roof, which is highly related to architectural style. Common examples include Gable, Hip, Flat, and Shed.
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Effective on: 1/1/1901
Roof-wall junction
Roof-wall junction: The area where the roof meets the building wall. Junction types are selected based on roof shape and include Parapet, Parapet with Cornice, Projecting Eaves, Close Eaves, and Boxed Eaves.
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Effective on: 1/1/1901
Rooftop amenity space
Rooftop amenity space: A covered or uncovered space on a building rooftop that is intended to be an accessory use for residents of a building or mixed-use building type or for the patrons of a commercial building.
Effective on: 1/1/1901
R
Rooming or boarding house: Short or long-term accommodations that serve a specific group or membership such as a dormitory, fraternity or sorority house, or similar accommodations, or single room occupancy units that may provide a number of related services including, but not limited to housekeeping, meals, and laundry services; excludes hotels, motels, inns, bed and breakfasts, and short-term rentals.
Effective on: 1/1/1901
Salvage yard
Salvage yard: Any non-residential property used for the storage, collection, and/or recycling of any type of equipment, including but not limited to vehicles, appliances and related machinery.
Effective on: 1/1/1901
Satellite parking
Satellite parking: A parking lot that is located on a parcel or lot that is not adjacent to the parcel or lot containing the use for which the parking is intended.
Effective on: 1/1/1901
School, vocational/technical
School, vocational/technical: A public or private institution for education or learning of a vocational or technical nature which does not include lodging. This term includes any accessory athletic, recreational or other facilities. These schools offer vocational and technical training in a variety of technical subjects and trades. Training may lead to job-specific certification.
Effective on: 1/1/1901
Seasonal camp
Seasonal camp: An establishment that is operated by a private or non-profit organization typically during the summer months for less than 60 calendar days per child per year and whose program orientation is primarily recreational or centered around the teaching of one subject matter. Facilities and services may include cabins, washrooms, food services, recreational facilities and equipment, and organized recreational activities.
Effective on: 1/1/1901
Sedimentation pollution
Sedimentation pollution: Any movement of earth (sand, silt, stone, debris, etc.) from one point to another where the potential exists for moving earth to enter surface water, to move in an uncontrolled or uncontained manner within a property or from one property to another, or otherwise be discharged or deposited in a manner that is unnatural. Sedimentation pollution is considered a nuisance and a hazard to life, property, and the environment. Sedimentation pollution is generated by land disturbance activity such as agriculture, unsurfaced driveways and parking lots, grading, excavation, improperly stabilized cut or fill slopes and road shoulders, and other activities. Natural levels of earth discharged from undisturbed land in a naturally vegetated state shall not be considered sedimentation pollution. Sedimentation pollution is moved by means of mechanical action, as well as by gravity, wind, water, and other forces of nature.
Effective on: 1/1/1901
Setback
Setback: The minimum distance a structure may be located from a lot line or right-of-way line along frontages and side and rear lot lines.
Effective on: 1/1/1901
Shared private drive
Shared private drive: A driveway shared by multiple parcels for exclusive access (ingress, egress, and utilities).
Effective on: 1/1/1901
Shelter
Shelter: A nonprofit, charitable, or religious organization providing boarding and/or lodging and ancillary services on its premises primarily to persons temporarily in crisis such as those experiencing family violence, natural disaster, fire, economic distress, neighborhood violence, and homelessness.
Effective on: 1/1/1901
Shipping container
Shipping container: An intermodal container originally designed to store goods or merchandise during shipping by container upon ships, rail, or other types of transportation and are usually 8' wide and 8'6" high by either 20' or 40' length.
Effective on: 1/1/1901
Shopping center
Shopping center: A form of non-residential or mixed-use development with at least two commercial, recreational, and/or institutional uses and at least 25,000 square feet of gross floor area. Anchors may include supermarkets, drug stores, department stores, etc.
Effective on: 1/1/1901
Short-term rental
Short-term rental: A private residential property that is rented, either in whole, or part, for periods of less than 30 days for compensation. The following activities shall not be considered as a Short-Term Rental use for the purposes of this ordinance:
- A.Dwelling units rented, in whole or in part, where a permanent resident lives on-site on the property. This shall include attached or detached accessory dwelling units where the operator lives elsewhere on the property.
- B.Incidental residential vacation rentals, defined to mean no more than two such rentals in any calendar year where the total number of nights rented does not exceed 14.
- C.Rentals of property in any permitted hotel, motel, inn, rooming or boarding house, or bed and breakfast establishment.
Effective on: 8/21/2023
Sidelite (or sidelight) window
Sidelite (or sidelight) window: A narrow, vertical fixed window that is usually placed on either side of an exterior door.
Effective on: 1/1/1901
Sill
Sill: A horizontal beam that forms the bottom of a window or doorway. A sill can be made of timber, stone or brick and the exterior of the sill may be tilted to shed rainwater.
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Effective on: 1/1/1901
Sight triangle
Sight triangle: The area that establishes a clear line of sight for a waiting vehicle to see oncoming traffic and make turning movements into or out of a street or driveway connection safely or for traffic to see entering or waiting vehicles.
Effective on: 1/1/1901
Sign
Sign: Any words, lettering, numerals, parts of letters or numerals, figures, phrases, sentences, emblems, devices, designs, graphic depiction of a product and/or process, trade names or trademarks by which anything is known, including any surface fabric or other material or structure designed to carry such devices, such as are used to designate or attract attention to an individual, a firm, an association, a corporation, a profession, a business, or a commodity or product, which are exposed to public view, and used to attract attention. This definition shall not include the flag, badge, or insignia of any governmental unit.
Effective on: 1/1/1901
Signband
Signband: The plain, wide band above a Shopfront and its Transom Windows, that can be used for the placement of signage. This area above the Shopfront can also be referred to as the Fascia.
Effective on: 1/1/1901
Sign, advertising
Sign, advertising: A sign which directs attention to a business, commodity, service or entertainment conducted, sold, manufactured, or offered. Such signs are further classified according to location, as follows:
- A.On the same premises as the business, commodity, service, or entertainment advertised by the sign;
- B.Remote from the business, commodity, service, or entertainment advertised by the sign (see Off-Premises Sign).
Effective on: 1/1/1901
Sign, awning
Sign, awning: A sign affixed to or printed on an awning. This does not include projection signs suspended from the underside of the awning.
Effective on: 1/1/1901
Sign, canopy
Sign, canopy: A sign affixed to a canopy. This does not include projection signs suspended from the underside of the canopy.
Effective on: 1/1/1901
Sign, directional
Sign, directional: A sign which carries no advertising message or information, but simply the name or the logo of an establishment and information directing persons to the location of said establishment or for traffic control within a parking lot.
Effective on: 1/1/1901
Sign, electronic display
Sign, electronic display: A sign designed where the face or portion thereof is a "screen" that receives information to create motion pictures or creates a light-emitting electrochemical cell or emissive electroluminescent layering using light emitting diode displays such as LED or OLED, fiber optics, or other technological advanced illumination methods within the electronic display panel (other than mere lightbulbs behind a semi translucent motionless sign face) which is capable of forming messages, capable of displaying moving text and graphical imagery at high-intensity illumination. These signs are usually controlled by a computer or modem and use proprietary software or cloud-based technology to communicate advertising messages or moving graphics using primarily blue light rays with the shortest wavelengths and highest energy as a means of drawing attention. Exceptions include signs or sign toppers that only display time and temperature at not less than five second intervals.
Effective on: 1/1/1901
Sign, freestanding
Sign, freestanding: A sign that is not attached to any building structure. Such signs shall include, but not be limited to, signs mounted on poles and A-frame signs.
Effective on: 1/1/1901
Sign, identification
Sign, identification: A sign which carries no advertising message and is used to identify only the following:
- A.The name of an institutional use or organization occupying the premises on which the sign is located;
- B.The name, title and/or occupation or profession of the occupant of the premises on which the sign is located;
- C.The name and the type of nonretail business occupying the premises on which the sign is located; or
- D.The name of the building on which the sign is located, including names and types of firms occupying the building.
Effective on: 1/1/1901
Sign, illuminated
Sign, illuminated: A sign that is illuminated by electric or other devices mainly for clear visibility at night.
Effective on: 1/1/1901
Sign, incidental
Sign, incidental: A sign which carries no advertising message, and is clearly incidental to other major advertising signs on-site, and which is used to do one or more of the following:
- A.Direct traffic flow, either vehicular or pedestrian;
- B.Indicates clearly the location of ingress or egress points;
- C.Direct certain activities to certain areas (i.e., parking, waiting, etc.);
- D.Provide other incidental information.
Effective on: 1/1/1901
Sign, menu reader board
Sign, menu reader board: A one-sided sign that displays a menu and pricing for food and beverage services available on site that may include an audible speaker and microphone integral to the sign.
Effective on: 1/1/1901
Sign, nameplate
Sign, nameplate: A sign identifying only the name and occupation or profession of the occupant of the premises on which the sign is located. When nameplates are used to identify more than one occupant, each nameplate shall be attached to one freestanding master identification sign.
Effective on: 1/1/1901
Sign, off-premises
Sign, off-premises: A sign that directs attention to a business, commodity, service, or facility that is not located on the premises upon which the sign is located. This includes billboards and other outdoor displays for the purpose of directing attention to a business, commodity, service, or entertainment conducted, sold, manufactured, or offered at a location other than the location of said sign.
Effective on: 1/1/1901
Sign, political
Sign, political: A sign attracting attention to political candidates or issues.
Effective on: 1/1/1901
Sign, portable
Sign, portable: A sign which rests on the ground or other surface, and is not directly attached to such surface, and which is designed and/or constructed to be mobile or movable.
Effective on: 1/1/1901
Sign, product information
Sign, product information: An on-premises, advertising sign which denotes a particular commodity, service, or entertainment offered by said establishment. Identification signs and reader boards shall not be construed as product information signs.
Effective on: 1/1/1901
Sign, projection
Sign, projection: A sign projecting out from and attached to the exterior wall of any building, and forming an angle of 30 degrees or more to said wall, or suspended from the underside of an awning, canopy, or marquee.
Effective on: 1/1/1901
Sign, reader board
Sign, reader board: A permanent sign, affixed either to the wall of a structure or to an existing freestanding identification sign, which is comprised of a surface to which letters may be attached on a temporary basis thereby forming messages advertising special sales or services offered. Reader boards may not serve in substitution for identification signs.
Effective on: 1/1/1901
Sign, real estate
Sign, real estate: Any sign pertaining to the sale, lease, or rental of land or buildings.
Effective on: 1/1/1901
Sign, roof
Sign, roof: A sign erected, constructed, or maintained upon the roof of the building.
Effective on: 1/1/1901
Sign, temporary
Sign, temporary: A banner or A-frame sign used for advertising purposes as set forth in this ordinance.
Effective on: 1/1/1901
Sign, traffic
Sign, traffic: A sign indicating federal, state, or city regulations for automobile, truck, bicycle, and pedestrian traffic.
Effective on: 1/1/1901
Sign, vintage
Sign, vintage: Any logo, photo, text, or image that is the copyrighted advertising for a business, whether active, or closed, that is no longer used by the business for marketing purposes. Vintage signs are considered a sub-type of wall signs as defined by this chapter.
Effective on: 1/1/1901
Sign, wall
Sign, wall: A sign affixed to the surface of, and whose plane is parallel to, the exterior wall of a building, or which forms an angle of less than 30 degrees with said wall and does not project out from the wall more than 24 inches from said wall. No wall sign shall extend above the roofline of the building upon which it is located. In cases of flat roofs, no sign shall extend above the parapets. Mansard roofs with an angle of 60 degrees or more from horizontal shall be considered as wall space for the placement of signs.
Effective on: 1/1/1901
Sign, window
Sign, window: Any sign oriented toward and visible from the exterior of a building which is placed directly on a glass window.
Effective on: 1/1/1901
Significant damage
Significant damage: Damage of any origin sustained by a structure during any one-year period whereby the cost of restoring the structure to it's before-damaged condition would equal or exceed 25 percent of the market value of the structure before the damage occurred. In the absence of any information pertaining to market value, the administrator shall utilize the assessed value of the structure. See definition of significant improvement.
Effective on: 1/1/1901
Significant improvement
Significant improvement: Any combination of repairs, reconstruction, rehabilitation, addition, or other modification or improvement of a structure, taking place during any one-year period, for which the cost equals or exceeds 25 percent of the market value of the structure as of the date the improvement was permitted (or, in the absence of any permit, as of the date of start of construction of the improvement). In the absence of any information pertaining to market value, the administrator shall utilize the assessed value of the structure. This term includes structures which have incurred significant damage regardless of the actual repair work performed. The term does not, however, include either of the following:
- A.Any correction of existing violations of state, city, or county health, sanitary, or safety code specifications which have been identified by the administrator or other authorized official of the State of North Carolina or Transylvania County, and which are the minimum necessary to assure safe living conditions; or
- B.Any alteration of a historic structure provided that: such alteration is necessary to maintain retain or restore historically significant characteristic; the alteration will not preclude the structure's continued designation as a historic structure; and the alteration does not result in the expansion of a non-conforming condition.
Effective on: 1/1/1901
Sleeping room
Sleeping room: A room designated as sleeping or bedroom on the plans and permit application.
Effective on: 1/1/1901
Sleeping unit
Sleeping unit: A room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a "Dwelling unit" are not sleeping units.
Effective on: 1/1/1901
Slope
Slope: The extent to which a land form deviates from the perfectly horizontal as expressed in percent, degree, ratio. The following table explains the conversion between these separate methods of expressing the extent of slope.
Effective on: 1/1/1901
Slope, cut
Slope, cut: The exposed ground surface resulting from excavation of material.
Effective on: 1/1/1901
Slope, fill
Slope, fill: The exposed ground surface resulting from deposition of material.
Effective on: 1/1/1901
Slope, moderately steep
Slope, moderately steep: Areas at or above 2,250 feet in elevation above mean sea level and with an average slope between 25% and 34%.
Effective on: 1/1/1901
Slope, steep
Slope, steep: Areas at or above 2,250 feet in elevation above mean sea level and with an average slope of 35% or greater.
Effective on: 1/1/1901
Social service uses
Social service uses: Facilities that provide temporary or long-term boarding and treatment or services. Social Services includes the following uses: group care facilities and shelters.
Effective on: 1/1/1901
Solid waste disposal facility
Solid waste disposal facility: Any facility meeting the definition of G.S. 130A-290(a)(35), as well as any facility involved in the storage or disposal of non-liquid, non-soluble materials ranging from municipal garbage to industrial wastes that contain complex and sometimes hazardous substances. Solid waste also includes sewage sludge, agricultural refuse, demolition wastes, mining wastes, and liquids and gases stored in containers.
Effective on: 1/1/1901
Solid waste disposal site
Solid waste disposal site: As defined in G.S. 130A-290(a)(36), any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method.
Effective on: 1/1/1901
Special event
Special event: An event that uses public property, including streets, public plazas or parks, such as community festivals, parades, or races. See Section 66-13 of Brevard CITY CODE OF ORDINANCES.
Effective on: 1/1/1901
Special event venue
Special event venue: A multipurpose venue facility designed largely for hosting special events such as graduations, weddings, gatherings, trade shows, corporate function or meetings, and other similar functions. The facility may have a catering kitchen, indoor and outdoor seating, a stage or event area, and meeting/conference facilities.
Effective on: 1/1/1901
Special flood hazard area (SFHA)
Special flood hazard area (SFHA): The land in the floodplain subject to a one percent or greater chance of being flooded in any given year, as determined in Section 6.8.B of this ordinance.
Effective on: 1/1/1901
Special use permit
Special use permit: A permit issued to authorize development or land uses in a particular zoning district upon presentation of competent, material, and substantial evidence establishing compliance with one or more general standards requiring that judgment and discretion be exercised as well as compliance with specific standards. The term includes permits previously referred to as conditional use permits or special exceptions.
Effective on: 1/1/1901
Start of construction
Start of construction: The start of construction shall be the earlier of:
- A.The first placement of permanent improvements on a site, such as piles, footings, slab, gravel or other foundation work for buildings (including manufactured homes), public streets or walkways;
- B.The beginning of installation of public utilities;
- C.The beginning of installation of a private line which will connect to existing public utilities;
- D.The beginning of installation of improvements for surface water drainage or erosion control;
- E.Any other work beyond the stage of excavation.
For purposes of this ordinance, the start of construction does not include any of the following: land preparation, such as clearing, grading and filling; excavation for a basement, footings, piers or foundations; the erection of temporary forms; the installation of accessory buildings, such as garages or sheds, when a principal building is included in the permitted work.
For a substantial improvement (as distinguished from new construction), the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.
Effective on: 1/1/1901
Stealth
Stealth: Equipment that is unobtrusive in its appearance such as the co-location of antennas on existing tower facilities, and the placement of equipment on flagpoles, buildings, silos, water tanks, pole signs, lighting standards, steeples, billboards and electric transmission towers.
Effective on: 1/1/1901
Stone course
Stone course: Similar to Brick Bonds, Stone Courses are horizontal layers of stones arranged uniformly in a wall for structural and aesthetic benefits.
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Effective on: 1/1/1901
Stone finish
Stone finish: The texture and appearance of stone materials. In Brevard, river rock or granite quarry rock reflect locally available stone.
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Effective on: 1/1/1901
Storage and disposal uses
Storage and disposal uses: Facilities for the storage or subsequent disposal of furniture, household goods, or other commercial goods of any nature. This includes: chemical storage facilities; mini-warehouses and self-storage facilities; junk yards / salvage yards; solid waste disposal; outdoor storage yards; and warehouses and indoor storage.
Effective on: 1/1/1901
Stormwater
Stormwater: Runoff generated by rain, melting snow, and other precipitation events. Stormwater is that portion of precipitation that flows across a surface to down-slope properties, the storm drain system, or receiving waters. Stormwater often carries pollutants and can cause damage to property and stream channels and can impair natural aquatic systems.
Effective on: 1/1/1901
Stormwater control and treatment measure
Stormwater control and treatment measure: A physical device designed to accomplish one or more of the following: trap, settle out, or filter pollutants from stormwater runoff; alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; approximate the pre-development hydrology on a developed site. Structural best management practices (BMPs) include physical practices such as constructed wetlands, vegetative practices, filter strips, grassed swales, and other methods installed or created on real property. "Stormwater control and treatment measure" is synonymous with "stormwater bmp," "structural practice," "stormwater control facility," "stormwater control practice," "stormwater treatment practice," "stormwater management practice," "stormwater control measures," "structural stormwater treatment systems," "low impact design," and similar terms used in this ordinance.
Effective on: 1/1/1901
Story
Story: The habitable level of a building, existing from finished floor to finished floor or ceiling.
Effective on: 1/1/1901
Street
Street: Any alley, avenue, circle, highway, lane, road, street, or other way, whether public or private.
Effective on: 1/1/1901
Street, public
Street, public: Any street situated within a dedicated public right-of-way and which has been accepted by the appropriate governmental agency for continuing maintenance and upkeep.
Effective on: 1/1/1901
String course
String course: A horizontal band, often projecting, extending across the face of a wall. The band can be composed of a course of bricks, stone, or other materials. It can also be referred to as a Belt Course.
Effective on: 1/1/1901
Structure
Structure: Any walled and roofed building or other physical object, whether temporary or permanent, that is designed for human habitation or to uphold, house, contain, or bear other objects or materials. Examples of structures include but are not limited to permanently affixed signs, swimming pools, houses, telecommunication towers, manufactured homes, or a gas, liquid, or liquefied gas storage tank that is principally above ground.
Effective on: 1/1/1901
Studios, galleries, and workshops – high impact
Studios, galleries, and workshops – high impact: Facilities for the creation and sale of artist products whose creation involves a substantial level of noise, vibrations, or use of heat that can be detected beyond the walls of the place, such as but not limited to metal work, stone sculpture, glass work and sculpture, fired ceramics, or woodworking.
Effective on: 1/1/1901
Studios, galleries, and workshops – low impact
Studios, galleries, and workshops – low impact: Small facilities for the creation and sale of artistic products whose creation involves little or no noise, vibrations, or use of heat that can be detected beyond the walls of the building. These artisans may include painters, sculptors, craft-persons, musicians, dancers, martial artists, writers, and others that create works of aesthetic value. These spaces may provide individual and/or group instruction and training in the arts. This term also includes the processing of photographs produced only by users of the studio facilities, yoga and similar instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment.
Effective on: 1/1/1901
Subdivision
Subdivision: All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions when any one or more of those divisions is created for the purpose of sale or building development, whether immediate or future, and shall include all divisions of land involving the dedication of a new street or a change in existing streets; but this definition shall not include exempt subdivisions under Section 4.3 or N.C.G.S. 160D-802.
Effective on: 1/1/1901
Subdivision, major
Subdivision, major: The division of an established parcel of land that:
- A.Creates more than 8 lots, including the residual or parent lot;
- B.Involves the creation, expansion, or dedication of any public street or right-of-way; or
- C.Is not otherwise exempt under Section 4.3 or deemed a minor subdivision.
Effective on: 1/1/1901
Subdivision, minor
Subdivision, minor: The division of an established parcel of land that:
- A.Creates a maximum of 8 lots, including the residual or parent lot;
- B.Does not involve the creation, expansion, or dedication of any public street or right-of-way;
- C.Is not otherwise exempt under Section 4.3.
Effective on: 1/1/1901
Substantial damage
Substantial damage: Any damage of any origin sustained by a structure during any one-year period whereby the cost of restoring the structure to the before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. See definition of substantial improvement. Single-family residential structures not located in the special flood hazard area and not otherwise subject to the flood hazard prevention requirements of this ordinance shall only be considered substantially damaged if the cost of restoring the structure to its before damaged condition would equal or exceed 75 percent of the market value of the structure before the damage occurred. In the absence of any information pertaining to market value, the administrator shall utilize the assessed value of the structure.
Effective on: 1/1/1901
Substantial improvement
Substantial improvement: Any combination of repairs, reconstruction, rehabilitation, addition, or other modification or improvement of a structure taking place during any one-year period for which the cost equals or exceeds 50 percent of the market value of the structure as of the date the improvement was permitted (or, in the absence of any permit, before the date of start of construction of the improvement). In the absence of any information pertaining to market value, the administrator shall utilize the assessed value of the structure. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either of the following:
- A.Any correction of existing violations of state, city, or county health, sanitary, or safety code specifications which have been identified by the administrator or other authorized official of the State of North Carolina or Transylvania County, and which are the minimum necessary to assure safe living conditions; or
- B.Any alteration of a historic structure provided it meets the following criteria: such alteration is necessary to maintain, retain or restore historically significant characteristics; the alteration will not preclude the structure's continued designation as a historic structure; and the alteration does not result in the expansion of a non-conforming condition.
Single-family residential structures shall only be considered substantially improved if the cost of such improvement(s) equals or exceeds 75 percent of the market value of the structure as of the date the improvement was permitted or, in the absence of a permit, as of the date construction commenced. In the absence of any information pertaining to market value, the administrator shall utilize the assessed value of the structure.
Effective on: 1/1/1901
Surface area
Surface area: The entire area of a sign as measured by the square, rectangle, semicircle, or parallelogram thereof, and comprising the entire sign inclusive of any border or trim and all of the elements of the matter displayed, but excluding the base or apron, supports and other structural members. In the case of three-dimensional letters or painted letters directly on the wall surface, the surface area shall be defined as the area encompassing the individual letters themselves including any trim or border and excluding the background that supports the three-dimensional letters.
Effective on: 1/1/1901
Surface water
Surface water: Any body of water, perennial or intermittent stream (including any "blue line stream" as indicated on a United States Geological Survey Topographical Map), river, brook, wetland as identified by means of the Cowardin wetland classification system or other appropriate classification system as employed by agencies of the United States or the State of North Carolina), swamp, pond, lake, branch, creek, reservoir, waterway, or other body or accumulation of water, whether surface or temporarily underground by means of a man-made conveyance, public or private, permanent or intermittent, or natural or artificial, that is contained in, flows through, or borders upon any portion of the City of Brevard and its Extraterritorial Jurisdiction.
Effective on: 1/1/1901
Swimming pool or pond
Swimming pool or pond: A structure, in-ground or above ground, that contains water over 18 inches deep and is typically intended for swimming or recreational bathing. The definition of a pool includes all structures, walks or patio areas of cement, stone, or wood, at or above grade, built for, and used in conjunction with the pool.
Effective on: 1/1/1901
Tandem parking space
Tandem parking space: A parking arrangement in which one space (the tandem parking space) is accessible only by passing through another parking space (the traditional space).
Effective on: 1/1/1901
Taproom or tasting room
Taproom or tasting room: An area that is ancillary to the production of beer or other types of alcohol at a brewery, distillery, winery, cidery, etc. where the public can purchase and/or consume alcoholic beverages primarily produced on site.
Effective on: 1/1/1901
Temporary events and structures
Temporary events and structures: An activity or use of land which, having met certain requirements and conditions, may be permitted for a period of limited duration, and which may utilize "temporary structures" for the duration of the event. Examples of these activities include, without limitation, the following: carnivals or circuses; contractor’s office and equipment sheds; farmers markets; outdoor meetings; satellite real estate sales office; seasonal structures; and special events.
Effective on: 1/1/1901
Temporary mobile classroom
Temporary mobile classroom: A temporary use of a prefabricated, modular, or relocatable building designed for educational purposes.
Effective on: 1/1/1901
Temporary mobile vendors
Temporary mobile vendors: A non-motorized vending cart that is designed and equipped to sell food, beverages, or other goods directly to consumers on private property.
- A.This definition does not include wholesale distributors. The vendor physically reports to and operates from an off-site facility for servicing, restocking, and maintenance each operating day.
- B.This definition also does not apply to vendors included as part of a special event, as provided in Section 66-13 of the City Code, or temporary outdoor events, as provided by this ordinance.
Effective on: 1/1/1901
Temporary one-day event
Temporary one-day event: A temporary event lasting 1 day, entirely located on one property.
Effective on: 1/1/1901
Temporary outdoor event
Temporary outdoor event: A temporary event within an outdoor space on private property, such as but not limited to the performance of live music, festivals, competitions, carnivals/circuses, worship services, farmers markets, arts and crafts fairs, flea markets, and others. Events held at a permitted Special Event Venues or Flea Markets shall not be considered temporary.
Effective on: 1/1/1901
Temporary outdoor storage container
Temporary outdoor storage container: The use of a self-storage container that is delivered to a residence or business owner for the purpose of storing belongings and then may be picked up and returned to a warehouse until called for again. This definition includes portable moving containers, shipping containers, temporary dumpsters, and other portable storage containers.
Effective on: 1/1/1901
Temporary structure
Temporary structure: A temporary, portable, or modular structure that will be in use only for the duration of the temporary land use or event, including the following:
- A.Tents,
- B.Recreational vehicles,
- C.Temporary and transportable manufactured home,
- D.Travel trailer, or
- E.Other temporary structures approved in consultation with the building inspector and/or fire marshal
Effective on: 1/1/1901
Temporary vendors
Temporary vendors: Any vendor who sets up a temporary location to sell food, goods, or services. Vendors may be permitted individually or as part of a temporary event. Temporary vendors include, but are not limited to agricultural and non-agricultural roadside vendors and vending pushcarts.
Effective on: 5/1/2023
Temporary use
Temporary use: Uses of land established for a fixed, limited period of time with the intent of discontinuing it once that time expires. These uses may include temporary structures, event staging, or other activities that don't have the permanence of a primary land use.
Effective on: 1/1/1901
Total suspended solids
Total suspended solids: A measure of the amount of small, particulate solid pollutants that are suspended in wastewater or stormwater. Suspended solids in water reduce light penetration in the water column, can clog the gills of fish and invertebrates, and are often associated with toxic contaminants because organics and metals tend to bind to such particles.
Effective on: 1/1/1901
Tower (wireless facility)
Tower (wireless facility): Any tower or structure, including those erected for the purpose of transmitting or receiving signals (i.e., telephonic, radio, television or microwave), and including the including the construction of new free-standing facilities or facilities that extend more than 20 feet above the normal height of the building or structure on which they are placed. The following shall not be included in this definition:
- A.Amateur radio facilities with antennas mounted on supporting structures less than 100 feet in height;
- B.Residential antennas for receiving television or AM/FM radio broadcasts;
- C.Residential satellite dishes; and
- D.Commercial or industrial satellite dishes that are less than 20 feet in height.
Effective on: 1/1/1901
Trailer
Trailer: Any vehicle or structure capable of moving or being moved over streets and highways on its own wheels or on flatbeds or other carriers, which is designed to be utilized to:
- A.Provide temporary or permanent quarters for the conduct of a business, profession, trade or occupation;
- B.Serve as a carrier of people, new or used goods, products, or equipment;
- C.Be used as a selling, advertising, or display device.
Effective on: 1/1/1901
Transom window
Transom window: A secondary window placed directly above a Window, Display Window, or Door that is used to provide additional light or ventilation into the interior. Transom Windows can be Fixed (non-operable), Awning, or Hopper type of windows.
Effective on: 1/1/1901
Utilities
Utilities: Publicly- or privately-owned facilities or systems for the provision of public services, including, without limitation, the following: the distribution of gas, electricity, steam, or water; the collection and disposal of sewage or refuse; and the transmission of communications. Radio transmission facilities for use by ham radio operators or two-way radio facilities for business or governmental communications shall be deemed accessory uses and not utilities, provided no transmitter or antenna tower exceeds 180 feet in height. Utilities are divided into the following classes:
- A.Class 1. Transmission lines (above and below ground) including electrical, natural, gas, and water distribution lines, pumping stations, lift stations, and telephone switching facilities (up to 200 square feet in area).
- B.Class 2. Elevated water storage tanks, package treatment plants, telephone switching facilities (over 200 square feet in area), substations, or other similar facilities in connection with telephone, electric, steam, and water facilities.
- C.Class 3. Generation, production, or treatment facilities such as power plants, water and sewage plants, and landfills.
Effective on: 1/1/1901
Variance
Variance: A grant of relief from the requirements of this ordinance.
Effective on: 1/1/1901
Vaulted roof:
Vaulted roof: A broad, curved roof supported with trusses, usually located on large, open floor plan buildings. Most often found on industrial or institutional buildings.
Effective on: 1/1/1901
Vehicle services, major repair/body work
Vehicle services, major repair/body work: The repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. Major repair and body work encompasses towing, collision repair, other body work vehicle painting services, and tire recapping.
Effective on: 1/1/1901
Vehicle services, minor maintenance and repair
Vehicle services, minor maintenance and repair: The repair, servicing, alteration, restoration, cleaning, or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. Minor maintenance and repair facilities provide limited repair and maintenance services. Examples include, but are not limited to, car washes (attended and self-service), car stereo and alarm system installers, detailing services, muffler and radiator shops, quick-lube services, and tire and battery sales and installation (not including recapping).
Effective on: 1/1/1901
Vending pushcart
Vending pushcart: Any self-contained, wheeled vehicle used for displaying, keeping or storing any article by a vendor or peddler (other than a motor vehicle, bicycle or trailer) which may be moved without the assistance of a motor and does not require registration by the state department of motor vehicles.
Effective on: 1/1/1901
Vertical organization
Vertical organization: Dictates the hierarchy of building design, including the division of the building into base, middle and top portions.
Effective on: 1/1/1901
Violation
Violation: The failure of a structure, use, or other development to be fully compliant with this ordinance, other applicable provisions of the Brevard City Code, other applicable laws and regulations, or any conditions attached to any permit or approval issued by the City of Brevard or Transylvania County. A structure, use, or other development without a valid and current land development permit, zoning permit, floodplain development permit, elevation certificate or other certification, zoning permit, subdivision approval, or any other form of approval as required by this ordinance, the Brevard City Code, and other applicable state and federal regulations.
Effective on: 1/1/1901
Visible
Visible: Capable of being seen without visual aid by a person of normal visual acuity.
Effective on: 1/1/1901
Water surface elevation (WSE)
Water surface elevation (WSE): The height, in relation to mean sea level, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
Effective on: 1/1/1901
Watercourse
Watercourse: A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
Effective on: 1/1/1901
Wetland
Wetland: Areas that are inundated or saturated by an accumulation of surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.
Effective on: 1/1/1901
Window
Window: An opening in a wall or roof to allow for light and air penetration into a building interior.
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Effective on: 1/1/1901
Window grouping
Window grouping: Arrangements of multiple windows to allow for greater transparency.
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Effective on: 1/1/1901
Wireless telecommunication facility
Wireless telecommunication facility: Equipment constructed in accordance with Section 332(c)(7) of the Telecommunications Act at a single location by a private business user, governmental user, or commercial wireless service provider to transmit, receive, or relay electromagnetic signals (including microwave). Such facility includes one or more of the following: antennas or antenna arrays, wireless telecommunication towers, support structures, transmitters, receivers, base stations, combiners, amplifiers, repeaters, filters, or other electronic equipment; together with all associated cabling, wiring, equipment enclosures, and other improvements.
Effective on: 1/1/1901
Wireless telecommunication facility, tower
Wireless telecommunication facility, tower: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers or monopole towers. This does not include any structure erected solely for a residential, noncommercial individual use, such as television antennas, satellite dishes or amateur radio antennas.
Effective on: 1/1/1901
Wholesaling and distribution
Wholesaling and distribution: Establishments engaged in selling merchandise to retailers; to contractors, industrial, commercial, institutional, farm or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Examples of these establishments include, without limitation, the following:
- A.Agents, merchandise or commodity brokers, and commission merchants;
- B.Assemblers, buyers and associations engaged in the cooperative marketing of farm products;
- C.Merchant wholesalers; and
- D.Stores primarily selling electrical plumbing, heating, and air conditioning supplies and equipment.
Effective on: 1/1/1901
Wood finish
Wood finish: Application of a finish can be used to alter the appearance of wood products, as well as strengthen their durability for use on a façade.
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Effective on: 1/1/1901
Wood siding
Wood siding: Patterns of stacking and arranging wood on a façade, such as plank siding, board & batten siding, and shingles.
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Effective on: 1/1/1901
Workforce housing
Workforce housing: Housing units that cost no more than 30% of a moderate-income household’s gross income, including rent, utilities, insurance, and other housing-related expenses. Moderate-income households earn 80-120% of area median income (AMI) for a family in Transylvania County, as adjusted periodically by the United States Department of Housing and Urban Development (HUD).
Effective on: 1/1/1901
Yard
Yard: A space that lies between the principal building(s) and the nearest lot line or right-of-way line. The front yard and rear yard are defined by the respective building line, with the side yard(s) consisting of the remainder of the property not occupied by principal building(s).
| FIGURE 19.3D: ILLUSTRATIVE DIAGRAMS OF BUILDING LINES AND YARDS | |
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| FIGURE 19.3D: ILLUSTRATIVE DIAGRAMS OF BUILDING LINES AND YARDS | |
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| FIGURE 19.3D: ILLUSTRATIVE DIAGRAMS OF BUILDING LINES AND YARDS | |
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| FIGURE 19.3D: ILLUSTRATIVE DIAGRAMS OF BUILDING LINES AND YARDS | |
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Effective on: 1/1/1901
Yard, front
Yard, front: A yard situated between the front building line and the front lot line or right-of-way line extending the full width of the lot. See Yard.
Effective on: 1/1/1901
Yard, rear
Yard, rear: A yard situated between the rear building line and the rear lot line extending the full width of the lot. In the case of multi-frontage lots or other type of lot, the front yard shall supersede the rear yard. See Yard.
Effective on: 1/1/1901
Yard, side
Yard, side: A yard situated between a building and side lot line(s) and extending from the required front yard, as determined by the front building line, to the required rear yard, as determined by the rear building line. See Yard.
Effective on: 1/1/1901
Zero lot line development
Zero lot line development: A development approach in which a building with attached units is located on separate lots where the common walls are along the interior lot lines.
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Effective on: 1/1/1901
Zoning district
Zoning district: The term applied to various geographical areas of the City of Brevard for the purpose of interpreting the provisions of the ordinance. The districts are designated with the use of symbols on the official zoning map. Regulations controlling land use in the various districts within the City of Brevard are set forth in this ordinance. The terms "district" and "zoning district" are synonymous and are used interchangeably throughout this ordinance.
Effective on: 5/1/2023