Brevard City Zoning Code

CHAPTER 2

DISTRICTS AND GENERAL PROVISIONS

2.2. Use categories and tables of permitted uses.

All uses permitted in this Code have been divided into 10 general categories as detailed below and are generally defined as follows:

1.
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.
2.
Lodging: Premises available for short-term human habitation for a fee, including daily and weekly rental.
3.
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.
4.
Civic/institutional: Premises available for organizations dedicated to religion, education, government, social service, health care, and other similar functions.
5.
Entertainment/recreation: Premises for the gathering of people for purposes such as arts and culture, amusement, and recreation.
6.
Agriculture: Premises primarily used to grow crops, produce, flowers, etc., raise animals, harvest timber, or other similar functions.
7.
Manufacturing/wholesale/storage: Premises available for the creation, assemblage, storage, and repair of items including their wholesale or retail sale.
8.
Infrastructure: Uses and structures dedicated to transportation, communication, information, and utilities.
9.
Accessory: Uses of land or of a building or structure or portion thereof, which is incidental and subordinate to a principal use on the same lot.
10.
Temporary: Uses of land which, having met certain requirements and conditions, that may be permitted for a period of limited duration, and which may utilize "temporary structures" for the duration of the event.

Interpretation of use matrices.

1.
The use matrix is not intended to be a comprehensive list of all possible uses, but rather a list of more common uses likely to be proposed within the city.
2.
In the event that a particular use is not listed in the use matrix, and such use is not listed as a prohibited use and is not otherwise prohibited by law, the administrator shall determine whether a materially similar use exists in this chapter.
1. a.
  Should the administrator determine that a materially similar use does exist, the regulations governing that use shall apply to the particular use not listed and the administrator's decision shall be recorded in writing pursuant to G.S. 160D-403.
2. b.
  Should the administrator determine that a materially similar use does not exist, this chapter may be amended to establish a specific listing for the use in question in accordance with the provisions set forth for text amendments in CHAPTER 16.
3.
When determining whether a proposed use is materially similar to a listed use, the administrator may consider the following criteria:
1. a.
  The actual or projected characteristics of the proposed use;
2. b.
  The relative amount of site area or floor area and equipment devoted to the proposed use;
3. c.
  Relative amounts of sales;
4. d.
  The customer type;
5. e.
  The relative number of employees;
6. f.
  Hours of operation;
7. g.
  Amount and frequency of deliveries;
8. h.
  Building and site arrangement;
9. i.
  Types of vehicles used and their parking demands;
10. j.
  The number of vehicle trips generated;
11. k.
  Signs;
12. l.
  How the proposed use is advertised;
13. m.
  The likely impact on surrounding properties; and
14. n.
  Whether the activity is likely to be found independent of the other activities on the site.
4.
Prohibited uses within the applicable zoning district or uses for which the administrator determines there is not a materially similar use in the matrix may be permitted through the application of a conditional zoning district in accordance with the provisions set forth in CHAPTER 16.

Use matrix. The following matrix sets forth the manner by which certain uses may be permitted within the various districts set forth above.

1.
"P" denotes those uses that are permitted "by right."
2.
"—" denotes those uses that are not permitted within the given district.
3.
"SUP" denotes those uses that are permitted upon issuance of a special use permit in accordance with the provisions set forth in CHAPTER 16. Additional standards for certain uses requiring a special use permit are set forth in CHAPTER 3 of this ordinance.
4.
"PS" denotes those uses that are permitted with additional standards, which are set forth in CHAPTER 3.
5.
"MHD" denotes those uses that are permitted within a Manufactured Housing Overlay District.

TABLE 2.2-A: LAND USE MATRIX
CATEGORY	SECTION (a)	USE	ZONING DISTRICTS
CATEGORY	SECTION (a)	USE	GR	RMX	NMX	PGX	DMX	CMX	IC	GI
*Residential*
Household Living	3.5.1	Dwelling—Single-Family	P	P	—	—	—	—	P	—
		Dwelling—Duplex	P	P	P	P	—	—	P	—
		Dwelling—Multifamily 3—4 units/bldg.	P	P	P	P	P	P	P	—
		Dwelling—Multifamily more than 4 units/bldg.	—	P	P	P	P	P	P	—
		Dwelling—Townhome	P	P	P	P	P	P	P	—
		Manufactured Home	MHD	MHD	MHD	MHD	MHD	MHD	MHD	—
		Live-Work Units	PS	PS	PS	PS	PS	—	PS	—
		Mixed-Use Residential Unit	—	—	PS	PS	PS	PS	PS	—
Group Living	3.5.2	Family Care Home	P	P	P	P	P	P	P	—
		Housing Services for the Elderly	SUP	P	P	P	P	P	P	—
		Rooming or Boarding House	P	P	P	—	P	P	P	—
Social Services	3.5.3	Group Care Facility	P	P	P	—	P	P	P	—
Social Services	3.5.3	Shelter	SUP	P	P	—	P	P	P	—
*Lodging*
Overnight Accommodations	3.6.1	All overnight accommodations, except as listed below	—	—	—	P	P	P	P	—
		Bed and Breakfast	PS	PS	PS	PS	PS	PS	PS	—
		Short-Term Rental (STR)	—	PS	PS	PS	PS	PS	PS	—
Camping	3.6.2	Campground/Recreational Vehicle Park	SUP	SUP	SUP	SUP	—	—	SUP	—
		Rental Cottage/Cabins	PS	PS	PS	PS	—	—	—	—
		Seasonal Camp	PS	—	—	PS	—	—	PS	—
*Commercial*
Eating and Drinking Establishments	3.7.1	All restaurants and other eating and drinking establishments except as listed below	—	—	P	P	P	P	P	—
Eating and Drinking Establishments	3.7.1	Bar/Night Club	—	—	PS	PS	P	P	—	—
Personal Services	3.7.2	All personal services, except as listed below	—	P	P	P	P	P	P	—
Personal Services	3.7.2	Day Care Center	PS	PS	PS	PS	PS	PS	PS	PS
Professional Services	3.7.3	All professional services, except as listed below	SUP	P	P	P	P	P	P	P
		Adult Establishment	—	—	—	—	—	—	—	SUP
		Banks, Credit Unions, Financial Services, and ATMs	—	—	P	P	P	P	P	P
		Funeral Homes and Services	—	—	P	—	P	P	P	—
		Human Crematories and Crematoriums	—	—	PS	—	PS	PS	PS	PS
		Indoor Animal Services	—	—	P	P	P	P	P	P
		Kennels and Outdoor Animal Services	—	—	SUP	—	—	PS	—	PS
		Landscaping and Contractor Services	SUP	SUP	SUP	—	—	—	—	P
		Vehicle Services—Major Repair/Body Work	—	—	—	—	—	PS	—	PS
		Vehicle Services—Minor Maintenance/Repair	—	—	SUP	—	SUP	PS	PS	PS
Retail	3.7.4	All retail and sales establishments except as listed below	—	—	P	P	P	P	P	—
		Alcoholic Beverage Sales Store	—	—	SUP	P	P	P	—	—
		Auto/Mechanical Parts Sales	—	—	—	P	P	P	—	P
		Flea market	—	SUP	SUP	SUP	SUP	SUP	—	—
		Gas Station	—	—	SUP	PS	SUP	PS	—	PS
		Gunsmiths and Weapon Sales	—	—	SUP	SUP	PS	PS	—	PS
*Civic/Institutional*
Educational	3.8.1	All educational uses except as listed below	SUP	P	P	P	P	P	P	—
		Colleges/Universities	—	—	SUP	SUP	P	P	P	—
		Schools—Vocational/Technical	—	SUP	P	P	P	P	P	P
Government	3.8.2	All government uses, except as listed below	—	P	P	P	P	P	P	P
		Correctional Facilities	—	—	SUP	—	SUP	P	P	P
		Public Safety Station	SUP	SUP	P	P	P	P	P	P
Medical	3.8.3	All medical offices and facilities except as listed below	—	P	P	P	P	P	P	—
Medical	3.8.3	Hospital	—	—	—	—	—	P	P	—
Places of Worship	3.8.4	All religious institutions or places of worship	SUP	P	P	—	P	P	P	—
Places of Worship	3.8.4	Cemeteries	PS	PS	PS	—	PS	PS	PS	—
*Entertainment/Recreation*
Indoor Recreation	3.9.1	All indoor recreation facilities, except as listed below	SUP	P	P	P	P	P	P	P
		Cultural or Community Facility	SUP	P	P	P	P	P	P	—
		Indoor Amusements	—	—	SUP	P	P	P	SUP	P
		Indoor Firing Range	—	—	—	SUP	—	SUP	SUP	SUP
		Live Performance Theater	—	SUP	SUP	P	P	P	P	—
		Movie Theater	—	—	—	P	P	P	—	—
		Special Event Venue	SUP	SUP	PS	PS	PS	PS	PS	—
		Studios, Galleries and Workshops - High Impact	—	—	SUP	SUP	SUP	P	P	P
		Studios, Galleries and Workshops - Low Impact	—	P	P	P	P	P	P	—
Outdoor Recreation	3.9.2	All outdoor recreation facilities, except as listed below	SUP	P	P	P	P	P	P	P
		Non-Residential Swimming Pool or Pond	—	SUP	SUP	SUP	PS	PS	PS	—
		Outdoor Amusements	—	—	SUP	P	SUP	P	—	P
		Outdoor Firing Range	—	—	—	—	—	—	—	SUP
		Parks, Open Space, and Greenways	P	P	P	P	P	P	P	P
*Agriculture*
Agriculture	3.10.1	All agricultural uses	PS	—	—	—	—	PS	PS	PS
*Manufacturing/Wholesale/Storage*
Light Industrial and Manufacturing	3.11.1	All light industrial and manufacturing activities, except as listed below	—	—	—	—	—	SUP	—	P
		Brewery, Distillery, Winery, Cidery - High Impact	—	—	—	SUP	—	P	—	P
		Brewery, Distillery, Winery, Cidery - Low Impact	—	—	SUP	PS	PS	PS	—	PS
		Laboratory	—	—	—	—	—	P	P	P
		Laundry, Dry Cleaning Plant	—	—	—	—	—	SUP	P	P
		Manufacturing Research and Development	—	—	—	P	—	P	P	P
		Media Production	—	—	P	P	P	P	P	P
Heavy Manufacturing	3.11.2	All heavy manufacturing activities, except as listed below	—	—	—	—	—	—	—	SUP
Heavy Manufacturing	3.11.2	Metal Products Fabrication, Machine or Welding Shop	—	—	SUP	SUP	SUP	P	—	P
Storage and Disposal	3.11.3	All storage and disposal uses, except as listed below	—	—	—	—	—	SUP	—	P
		Chemical Storage Facility	—	—	—	—	—	—	—	P
		Solid Waste Disposal Facilities	—	—	—	—	—	—	—	PS
		Junkyard / Salvage Yard	—	—	—	—	—	—	—	SUP
Wholesaling and Distribution	3.11.4	All wholesaling and distribution activities, except as listed below	—	—	—	—	—	P	—	P
		Equipment Rental	—	—	—	—	—	P	—	P
		Indoor Vehicle/Heavy Equipment Sales	—	—	PS	—	PS	PS	—	PS
		Outdoor Vehicle/Heavy Equipment Sales	—	—	—	—	—	PS	—	PS
Extractive Industries	3.11.5	All extractive industries, except as listed below	—	—	—	—	—	—	—	P
Extractive Industries	3.11.5	Extractive industries involving blasting	—	—	—	—	—	—	—	SUP
*Infrastructure*
Utilities	3.12.1	Utilities—Class 1	P	P	P	P	P	P	P	P
		Utilities—Class 2	P	P	P	P	P	P	P	P
		Utilities—Class 3	—	—	—	—	—	—	—	P
Telecommunications	3.12.2	All wireless telecommunication facilities, except as listed below	PS	PS	PS	PS	PS	PS	PS	PS
Telecommunications	3.12.2	Wireless Telecommunication Facility—Tower	—	—	—	—	—	SUP	—	PS
Transportation	3.12.3	Aviation Facilities	—	—	—	—	—	—	—	SUP
		Parking Lot	SUP	PS	PS	PS	PS	PS	PS	PS
		Passenger Vehicle Terminals	—	—	P	P	P	P	—	P
*Accessory*
Residential Accessory	3.13.1	All residential accessory uses, except as listed below	PS	PS	PS	PS	PS	PS	PS	PS
		Day Care Home	PS	PS	PS	PS	PS	PS	PS	—
		Dwelling—Accessory Unit (ADU)	PS	PS	PS	PS	PS	PS	PS	—
		Home Occupation	PS	PS	PS	PS	PS	PS	PS	—
		Keeping Bees	PS	PS	PS	PS	PS	PS	PS	PS
		Keeping Domestic Fowl (Chickens)	PS	PS	PS	PS	PS	PS	PS	PS
		Swimming Pool or Pond	PS	PS	PS	PS	PS	PS	PS	—
Non-Residential Accessory	3.13.2	All non-residential accessory uses, except as listed below	—	PS	PS	PS	PS	PS	PS	PS
		Accessory Retail	—	—	PS	PS	PS	PS	PS	PS
		Drive-Thrus	—	—	SUP	SUP	—	PS	—	—
		Mobile Food Vendor Site	—	SUP	PS	PS	PS	PS	PS	PS
		Recycling - Small Collection	—	—	—	—	—	SUP	SUP	P
		Rooftop Amenity Space	—	—	SUP	PS	PS	PS	PS	PS
		Taproom / Tasting Room	—	—	SUP	P	P	P	—	P
*Temporary*
Temporary	3.14.1	All temporary uses, except as listed below	PS	PS	PS	PS	PS	PS	PS	PS
		Agricultural / Produce Stand	PS	PS	PS	PS	PS	PS	PS	PS
		Construction Office	PS	PS	PS	PS	PS	PS	PS	PS
		Dwelling—Temporary	PS	PS	PS	PS	PS	PS	PS	PS
		Mobile Classroom	PS	PS	PS	PS	PS	PS	PS	PS
		Mobile Vendor	PS	PS	PS	PS	PS	PS	PS	PS
		One-Day Event	PS	PS	PS	PS	PS	PS	PS	PS
		Outdoor Event	PS	PS	PS	PS	PS	PS	PS	PS
		Outdoor Seasonal Sale	PS	PS	PS	PS	PS	PS	PS	PS
		Outdoor Storage Container	PS	PS	PS	PS	PS	PS	PS	PS
(a) This column refers to the section of this ordinance that contains the use definition and additional standards.

TABLE 2.2-A: LAND USE MATRIX
CATEGORY	SECTION (a)	USE	ZONING DISTRICTS
CATEGORY	SECTION (a)	USE	GR	RMX	NMX	PGX	DMX	CMX	IC	GI
*Residential*
Household Living	3.5.1	Dwelling—Single-Family	P	P	—	—	—	—	P	—
		Dwelling—Duplex	P	P	P	P	—	—	P	—
		Dwelling—Multifamily 3—4 units/bldg.	P	P	P	P	P	P	P	—
		Dwelling—Multifamily more than 4 units/bldg.	—	P	P	P	P	P	P	—
		Dwelling—Townhome	P	P	P	P	P	P	P	—
		Manufactured Home	MHD	MHD	MHD	MHD	MHD	MHD	MHD	—
		Live-Work Units	PS	PS	PS	PS	PS	—	PS	—
		Mixed-Use Residential Unit	—	—	PS	PS	PS	PS	PS	—
Group Living	3.5.2	Family Care Home	P	P	P	P	P	P	P	—
		Housing Services for the Elderly	SUP	P	P	P	P	P	P	—
		Rooming or Boarding House	P	P	P	—	P	P	P	—
Social Services	3.5.3	Group Care Facility	P	P	P	—	P	P	P	—
Social Services	3.5.3	Shelter	SUP	P	P	—	P	P	P	—
*Lodging*
Overnight Accommodations	3.6.1	All overnight accommodations, except as listed below	—	—	—	P	P	P	P	—
		Bed and Breakfast	PS	PS	PS	PS	PS	PS	PS	—
		Short-Term Rental (STR)	—	PS	PS	PS	PS	PS	PS	—
Camping	3.6.2	Campground/Recreational Vehicle Park	SUP	SUP	SUP	SUP	—	—	SUP	—
		Rental Cottage/Cabins	PS	PS	PS	PS	—	—	—	—
		Seasonal Camp	PS	—	—	PS	—	—	PS	—
*Commercial*
Eating and Drinking Establishments	3.7.1	All restaurants and other eating and drinking establishments except as listed below	—	—	P	P	P	P	P	—
Eating and Drinking Establishments	3.7.1	Bar/Night Club	—	—	PS	PS	P	P	—	—
Personal Services	3.7.2	All personal services, except as listed below	—	P	P	P	P	P	P	—
Personal Services	3.7.2	Day Care Center	PS	PS	PS	PS	PS	PS	PS	PS
Professional Services	3.7.3	All professional services, except as listed below	SUP	P	P	P	P	P	P	P
		Adult Establishment	—	—	—	—	—	—	—	SUP
		Banks, Credit Unions, Financial Services, and ATMs	—	—	P	P	P	P	P	P
		Funeral Homes and Services	—	—	P	—	P	P	P	—
		Human Crematories and Crematoriums	—	—	PS	—	PS	PS	PS	PS
		Indoor Animal Services	—	—	P	P	P	P	P	P
		Kennels and Outdoor Animal Services	—	—	SUP	—	—	PS	—	PS
		Landscaping and Contractor Services	SUP	SUP	SUP	—	—	—	—	P
		Vehicle Services—Major Repair/Body Work	—	—	—	—	—	PS	—	PS
		Vehicle Services—Minor Maintenance/Repair	—	—	SUP	—	SUP	PS	PS	PS
Retail	3.7.4	All retail and sales establishments except as listed below	—	—	P	P	P	P	P	—
		Alcoholic Beverage Sales Store	—	—	SUP	P	P	P	—	—
		Auto/Mechanical Parts Sales	—	—	—	P	P	P	—	P
		Flea market	—	SUP	SUP	SUP	SUP	SUP	—	—
		Gas Station	—	—	SUP	PS	SUP	PS	—	PS
		Gunsmiths and Weapon Sales	—	—	SUP	SUP	PS	PS	—	PS
*Civic/Institutional*
Educational	3.8.1	All educational uses except as listed below	SUP	P	P	P	P	P	P	—
		Colleges/Universities	—	—	SUP	SUP	P	P	P	—
		Schools—Vocational/Technical	—	SUP	P	P	P	P	P	P
Government	3.8.2	All government uses, except as listed below	—	P	P	P	P	P	P	P
		Correctional Facilities	—	—	SUP	—	SUP	P	P	P
		Public Safety Station	SUP	SUP	P	P	P	P	P	P
Medical	3.8.3	All medical offices and facilities except as listed below	—	P	P	P	P	P	P	—
Medical	3.8.3	Hospital	—	—	—	—	—	P	P	—
Places of Worship	3.8.4	All religious institutions or places of worship	SUP	P	P	—	P	P	P	—
Places of Worship	3.8.4	Cemeteries	PS	PS	PS	—	PS	PS	PS	—
*Entertainment/Recreation*
Indoor Recreation	3.9.1	All indoor recreation facilities, except as listed below	SUP	P	P	P	P	P	P	P
		Cultural or Community Facility	SUP	P	P	P	P	P	P	—
		Indoor Amusements	—	—	SUP	P	P	P	SUP	P
		Indoor Firing Range	—	—	—	SUP	—	SUP	SUP	SUP
		Live Performance Theater	—	SUP	SUP	P	P	P	P	—
		Movie Theater	—	—	—	P	P	P	—	—
		Special Event Venue	SUP	SUP	PS	PS	PS	PS	PS	—
		Studios, Galleries and Workshops - High Impact	—	—	SUP	SUP	SUP	P	P	P
		Studios, Galleries and Workshops - Low Impact	—	P	P	P	P	P	P	—
Outdoor Recreation	3.9.2	All outdoor recreation facilities, except as listed below	SUP	P	P	P	P	P	P	P
		Non-Residential Swimming Pool or Pond	—	SUP	SUP	SUP	PS	PS	PS	—
		Outdoor Amusements	—	—	SUP	P	SUP	P	—	P
		Outdoor Firing Range	—	—	—	—	—	—	—	SUP
		Parks, Open Space, and Greenways	P	P	P	P	P	P	P	P
*Agriculture*
Agriculture	3.10.1	All agricultural uses	PS	—	—	—	—	PS	PS	PS
*Manufacturing/Wholesale/Storage*
Light Industrial and Manufacturing	3.11.1	All light industrial and manufacturing activities, except as listed below	—	—	—	—	—	SUP	—	P
		Brewery, Distillery, Winery, Cidery - High Impact	—	—	—	SUP	—	P	—	P
		Brewery, Distillery, Winery, Cidery - Low Impact	—	—	SUP	PS	PS	PS	—	PS
		Laboratory	—	—	—	—	—	P	P	P
		Laundry, Dry Cleaning Plant	—	—	—	—	—	SUP	P	P
		Manufacturing Research and Development	—	—	—	P	—	P	P	P
		Media Production	—	—	P	P	P	P	P	P
Heavy Manufacturing	3.11.2	All heavy manufacturing activities, except as listed below	—	—	—	—	—	—	—	SUP
Heavy Manufacturing	3.11.2	Metal Products Fabrication, Machine or Welding Shop	—	—	SUP	SUP	SUP	P	—	P
Storage and Disposal	3.11.3	All storage and disposal uses, except as listed below	—	—	—	—	—	SUP	—	P
		Chemical Storage Facility	—	—	—	—	—	—	—	P
		Solid Waste Disposal Facilities	—	—	—	—	—	—	—	PS
		Junkyard / Salvage Yard	—	—	—	—	—	—	—	SUP
Wholesaling and Distribution	3.11.4	All wholesaling and distribution activities, except as listed below	—	—	—	—	—	P	—	P
		Equipment Rental	—	—	—	—	—	P	—	P
		Indoor Vehicle/Heavy Equipment Sales	—	—	PS	—	PS	PS	—	PS
		Outdoor Vehicle/Heavy Equipment Sales	—	—	—	—	—	PS	—	PS
Extractive Industries	3.11.5	All extractive industries, except as listed below	—	—	—	—	—	—	—	P
Extractive Industries	3.11.5	Extractive industries involving blasting	—	—	—	—	—	—	—	SUP
*Infrastructure*
Utilities	3.12.1	Utilities—Class 1	P	P	P	P	P	P	P	P
		Utilities—Class 2	P	P	P	P	P	P	P	P
		Utilities—Class 3	—	—	—	—	—	—	—	P
Telecommunications	3.12.2	All wireless telecommunication facilities, except as listed below	PS	PS	PS	PS	PS	PS	PS	PS
Telecommunications	3.12.2	Wireless Telecommunication Facility—Tower	—	—	—	—	—	SUP	—	PS
Transportation	3.12.3	Aviation Facilities	—	—	—	—	—	—	—	SUP
		Parking Lot	SUP	PS	PS	PS	PS	PS	PS	PS
		Passenger Vehicle Terminals	—	—	P	P	P	P	—	P
*Accessory*
Residential Accessory	3.13.1	All residential accessory uses, except as listed below	PS	PS	PS	PS	PS	PS	PS	PS
		Day Care Home	PS	PS	PS	PS	PS	PS	PS	—
		Dwelling—Accessory Unit (ADU)	PS	PS	PS	PS	PS	PS	PS	—
		Home Occupation	PS	PS	PS	PS	PS	PS	PS	—
		Keeping Bees	PS	PS	PS	PS	PS	PS	PS	PS
		Keeping Domestic Fowl (Chickens)	PS	PS	PS	PS	PS	PS	PS	PS
		Swimming Pool or Pond	PS	PS	PS	PS	PS	PS	PS	—
Non-Residential Accessory	3.13.2	All non-residential accessory uses, except as listed below	—	PS	PS	PS	PS	PS	PS	PS
		Accessory Retail	—	—	PS	PS	PS	PS	PS	PS
		Drive-Thrus	—	—	SUP	SUP	—	PS	—	—
		Mobile Food Vendor Site	—	SUP	PS	PS	PS	PS	PS	PS
		Recycling - Small Collection	—	—	—	—	—	SUP	SUP	P
		Rooftop Amenity Space	—	—	SUP	PS	PS	PS	PS	PS
		Taproom / Tasting Room	—	—	SUP	P	P	P	—	P
*Temporary*
Temporary	3.14.1	All temporary uses, except as listed below	PS	PS	PS	PS	PS	PS	PS	PS
		Agricultural / Produce Stand	PS	PS	PS	PS	PS	PS	PS	PS
		Construction Office	PS	PS	PS	PS	PS	PS	PS	PS
		Dwelling—Temporary	PS	PS	PS	PS	PS	PS	PS	PS
		Mobile Classroom	PS	PS	PS	PS	PS	PS	PS	PS
		Mobile Vendor	PS	PS	PS	PS	PS	PS	PS	PS
		One-Day Event	PS	PS	PS	PS	PS	PS	PS	PS
		Outdoor Event	PS	PS	PS	PS	PS	PS	PS	PS
		Outdoor Seasonal Sale	PS	PS	PS	PS	PS	PS	PS	PS
		Outdoor Storage Container	PS	PS	PS	PS	PS	PS	PS	PS
(a) This column refers to the section of this ordinance that contains the use definition and additional standards.

(Ord. No. 13-07, § 1, 9-17-07; Ord. No. 3-08, § 1, 3-17-08; Ord. No. 14-08, § 1, 11-17-08; Ord. No. 15-08, § 3, 12-5-08; Ord. No. 07-10, § 1(Exh. A, D), 4-5-10; Ord. No. 03-2011, § 1, 3-21-11; Ord. No. 19-2011, § 1(Exh. A), 8-1-11; Ord. No. 24-11, § 3(Exh. A), 9-19-11; Ord. No. 2012-25, § 1(Exh. A), 11-5-12; Ord. No. 2013-13, § 01.b)(Exh. A), 10-21-13; Ord. No. 2014-24, § 01(Exh. A), 11-17-14; Ord. No. 2017-08, § 1(Exh. A), 3-20-17; Ord. No. 2018-17, § 1(Att. B), 8-20-18; Ord. No. 2019-01, § 1(Exh. A), 2-18-19; Ord. No. 2020-17 , § 1(Exh. A), 9-21-20; Ord. No. 2020-23 , § 1(Exh. A), 10-19-20; Ord. No. 2020-24 , § 1(Exh. A), 10-19-20; Ord. No. 2020-32 , § 1(Exh. A), 12-7-20; Ord. No. 2021-16 , § 1(Exh. A), 4-19-21; Ord. No. 2021-28 , § 1(Exh. A), 6-21-21; Ord. No. 2022-40, § 1(Exh. A), 6-20-22; Ord. No. 2022-76, § 1(Exh. A), 12-5-22; Ord. No. 2023-17, § 1(Exh. A), 5-1-23; Ord. No. 2023-37, § 1(Exh. A), 8-21-23; Ord. No. 2023-53, § 1(Exh. A), 11-6-23; Ord. No. 2023-60, § 1(Exh. A), 12-18-23; Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-43, § 1(Exh. A), 11-18-24; Ord. No. 2025-04, § 1(Exh. A), 1-21-25; Ord. No. 2025-14, § 1(Exh. A), 4-7-25; Ord. No. 2025-19, § 1(Exh. A & B), 5-5-25; Ord. No. 2025-52, § 1(Exh. A), 11-3-25; Ord. No. 2025-59, § 1(Exh. A), 12-15-25)

Effective on: 12/15/2025

2.3. Principal structures.

No development shall contain more than one principal building per lot, unless:

1.
As part of an approved group development;
2.
As part of a conditional zoning district;
3.
As part of an approved special use permit; or
4.
As part of a pre-existing nonconforming use.

A multi-unit structure, such as duplexes, townhomes, and mixed-use buildings, within a single lot will be treated as a single primary structure for the purposes of compliance with the dimensional standards of this ordinance.

For separate lots within a zero-lot line development, such as those for some types of townhomes and mixed-use buildings, the individual units will be considered a primary structure for each lot.

The maximum ground floor area for principal structures varies by zoning district and shall be measured in accordance with the following table.

TABLE 2.3-A: GROUND FLOOR AREA
District	Maximum Ground Floor Area of Each Principal Structure
GR4	10,000 sq. ft.
GR8	8,000 sq. ft.
RMX - Single-family home and duplex	8,000 sq. ft.
RMX - Multi-family and nonresidential	25,000 sq. ft.
NMX	30,000 sq. ft.
PGX	40,000 sq. ft.
DMX	25,000 sq. ft.
CMX	75,000 sq. ft.
IC	100,000 sq. ft.
GI	100,000 sq. ft.
Note: Projects of developments that do not meet the above standards apply for conditional zoning in accordance with Section 2.1.C.

TABLE 2.3-A: GROUND FLOOR AREA
District	Maximum Ground Floor Area of Each Principal Structure
GR4	10,000 sq. ft.
GR8	8,000 sq. ft.
RMX - Single-family home and duplex	8,000 sq. ft.
RMX - Multi-family and nonresidential	25,000 sq. ft.
NMX	30,000 sq. ft.
PGX	40,000 sq. ft.
DMX	25,000 sq. ft.
CMX	75,000 sq. ft.
IC	100,000 sq. ft.
GI	100,000 sq. ft.
Note: Projects of developments that do not meet the above standards apply for conditional zoning in accordance with Section 2.1.C.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-43, § 1(Exh. A), 11-18-24; Ord. No. 2025-04, § 1(Exh. A), 1-21-25)

Effective on: 1/21/2025

2.5. Accessory structures.

Principal buildings required. The construction of an accessory structure or building is not permitted unless a principal building is located on the lot, except as set forth below or as otherwise provided in this ordinance. Accessory structures shall be incidental and subordinate to the principal structure(s). Accessory and principal buildings may be constructed concurrently.

1.
Structures larger than 25% of the ground floor area of the principal structure are considered additional principal structures and shall be considered as a group development.
2.
Accessory structures utilized for agricultural purposes in association with agricultural primary uses may be permitted in the absence of a principal structure.
3.
Garden sheds may be permitted in the absence of a principal structure subject to the following requirements:
1. a.
  Garden sheds shall be no larger than 120 square feet in size;
2. b.
  Garden sheds shall be single-story;
3. c.
  Garden shed shall not be connected to water, sewer, or electricity; and
4. d.
  Garden sheds shall be utilized only for the storage of lawn equipment, garden utensils, and other implements necessary for the maintenance of gardens and grounds.

Dimensional requirements.

1.
Accessory structures shall meet the yard and setback requirements of Section 2.7.
2.
Accessory structures shall not exceed two stories in height.

Accessory structures on lots with single-family dwellings and duplexes.

1.
Maximum number permitted. No more than two accessory structures shall be permitted per lot. Beehives and chicken coops shall not count toward the maximum number of accessory structures on a lot.
2.
Accessory structures shall be located only in the side or rear yards, except for gazebos, private garages, and carports. Such structures shall comply with the front yard setbacks for primary structures in Section 2.7.2. The administrator shall make a determination as to the side or rear yard for accessory structures proposed to be located on lots fronting more than one street.
3.
Under no circumstances shall the use of a shipping container be permitted for the purpose of providing permanent storage as an accessory use.

Accessory structures on lots with non-residential uses, multi-family uses, and group developments.

1.
Maximum number permitted. No more than two accessory structures shall be permitted per lot, except in General Industrial (GI). In all other zoning districts, additional structures shall be considered as principal structures in a group development.
2.
Accessory structures shall be located only in side or rear yards except for bona-fide agricultural enterprises.
3.
Accessory structures shall comply with the applicable landscaping requirements of CHAPTER 8 of this ordinance.
4.
Accessory structures shall comply with the architectural standards of Section 5.7.14 and all other applicable sections of CHAPTER 5.

Exempt structures.

1.
Structures including but not limited to mailboxes, newspaper boxes, birdhouses, flagpoles, pump covers, garden boxes and planters, doghouses, and any other similar small or ornamental structures shall not be considered principal or accessory structures and shall not require a permit.

(Ord. No. 2021-28 , § 1(Exh. A), 6-21-21, Ord. No. 2023-07, § 1(Exh. A), 2-6-23; Ord. No. 2023-61, § 1(Exh. A), 12-18-23; Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-46, § 1(Exh. A), 12-2-24; Ord. No. 2025-52, § 1(Exh. A), 11-3-25)

Effective on: 11/3/2025

2.8. Fences and walls.

All fences and walls shall be constructed so that the best face faces outward from the parcel upon which it is constructed and towards adjacent properties. The "best face" shall generally mean the side opposite to framing members.

Fences and walls shall not be placed within public utility easements or public right-of-way without first securing an encroachment agreement from the City of Brevard, the North Carolina Department of Transportation, or other appropriate entity.

Fence or wall height shall be measured from the side of the fence or wall that is exterior to the property as the vertical distance between the lowest adjacent ground level, natural or filled, and the top of the fence material. Fence heights are restricted as follows:

1.
In the General Industrial district, and public safety and other critical facilities. Fences or walls shall be no greater than six feet in height in the front yard(s) and no greater than eight feet in height in the side and rear yards.
2.
All other districts and uses. Fences or walls shall be no greater than four feet in height in the front yard(s) and no more than eight feet in the side and rear yards.
3.
No closed fence or wall shall be greater than two-and-a-half feet in height when placed within the sight triangle of any intersection as specified in Section 9.5 of this ordinance. Open fences are exempt from this provision.

Fence and wall materials shall conform to the following requirements:

1.
 GR and RMX districts:
1. a.
  All fences and walls must be of brick, stone, stucco, wrought iron, wood, or other materials similar in appearance and durability, except that chain link or woven wire may be used in the side and rear yards.
2. b.
  All other wire fences, including barbed wire or concertina wire, are prohibited.
3. c.
  Nothing in this chapter shall prevent the administrator from approving architecturally variant uses of material to allow creative fence design, such as the contemporary look of heavy-gauged welded wire panels framed in timber.
4. d.
  The use of plastic plumbing pipe is a prohibited fence material.
2.
CMX, DMX, PGX, NMX, and IC districts:
1. a.
  All fences and walls must be of brick, stone, stucco, wrought iron, wood, or other materials similar in appearance and durability.
2. b.
  Chain link wire fences may be used as secure enclosures internal to the property or site subject to the following requirements:
  1. i.
    Chain link fences shall not be visible from a public right-of-way,
  2. ii.
    Chain link fences shall not serve as a perimeter fence or property line fence unless buffered by a type A buffer yard on all sides, and then only in the side or rear yard behind the front building line.
3. c.
  All other wire fences, including barbed wire or concertina wire, are prohibited.
4. d.
  All walls and fences shall be materially similar to other walls and fences in the same block or general vicinity.
3.
General Industrial districts, public safety facilities, and other critical facilities:
1. a.
  All fences and walls must be of brick, stone, stucco, wrought iron, wood, or other materials similar in appearance and durability, and shall be materially similar to other walls and fences on the same block or general vicinity.
2. b.
  Vinyl coated, chain link fencing may be approved by the administrator as perimeter fencing with additional filtering through openings using opaque or semi opaque slats or screening or by installing a type A landscaping buffer between incompatible uses, between different zoning districts or where visible from a public street.
4.
Barbed wire: Barbed wire may be permitted within agricultural operations with livestock and any bona-fide agricultural operations within any zoning district.

Retaining walls shall also conform to the following requirements:

1.
Retaining walls should minimize the impacts of cut and fill on a site.
2.
The height of any retaining wall should not exceed five feet unless required to be higher for engineering reasons.
1. a.
  An increase in retaining wall height may be allowed if the proposed design minimizes the cut and fill impacts and enhances the existing landscape.
3.
In areas where cuts are steeper, a stepped or terraced wall should be used. Large, unbroken retaining walls in a uniform plane should be avoided.

(Ord. No. 2022-76, § 1(Exh. A), 12-5-22; Ord. No. 2023-22, § 1(Exh. A), 6-4-23; Ord. No. 2023-61, § 1(Exh. A), 12-18-23; Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-46, § 1(Exh. A), 12-2-24; Ord. No. 2025-39, § 1 (Exh. A), 8-4-25)

Effective on: 8/4/2025

2.1.1. Base districts.

In accordance with G.S. 160D-703 that sets forth the establishment of zoning regulation by district, the City of Brevard and its extraterritorial jurisdiction (hereafter, the "regulatory jurisdiction"), as indicated on the official zoning map is hereby divided into various districts that set forth uniform regulations for the development of land within each district.

The purpose of these district regulations is to provide a comprehensive plan for the use of land and buildings in conditions of good health and safety and in conditions of orderly community development. These regulations shall apply to all land and structures within the respective zoning district.

(Ord. No. 15-08, §§ 1, 2, 12-5-08; Ord. No. 20-09, § 4(Exh. B(2)), 9-21-09; Ord. No. 2015-32, § 01, 11-16-15; Ord. No. 2020-23 , § 1(Exh. A), 10-19-20; Ord. No. 2021-16 , § 1(Exh. A), 4-19-21)

Effective on: 1/1/1901

2.1.2. Establishment of base districts and purpose statements.

This ordinance establishes the following base districts for use as zoning categories

1.
General Residential (GR4 and GR8). The General Residential District is intended for the city's existing predominately-residential neighborhoods as well as provide for new primarily-residential development in accordance with this pattern. These districts are differentiated only by the density of the overall development relative to the planning goals of the city as set forth in the Comprehensive Land Use Plan.
2.
Residential Mixed-Use (RMX). The Residential Mixed-Use District is intended to provide for areas of higher density residential development in close proximity (within ½—¼ mile) to existing and planned commercial centers such as the Downtown Mixed-Use District. The intent is to create higher density residential areas that compliment commercial districts with physical proximity and pedestrian connectivity. Different housing types and lot styles are encouraged.
3.
Neighborhood Mixed-Use (NMX). The Neighborhood Mixed-Use District is coded to provide pedestrian-scaled, higher density residential homes and opportunities for limited scale commercial activities along existing mixed-use corridors, in areas of transition, and at the functional center of new neighborhoods. Development in this district should encourage pedestrian activity through construction of mixed-use buildings and connections to adjacent neighborhoods. Buildings in this district are typically small and detached.
4.
Pisgah Gateway Mixed-Use (PGX). The Pisgah Gateway Mixed-Use District is intended to provide pedestrian-scaled development supporting a mix of land uses that are compatible with the district’s location at the main entrance of Pisgah National Forest. Land uses should be primarily non-residential, though some higher-density residential uses may be appropriate. Development in this district should harmonize the urban form with the surrounding natural environment through construction of mixed-use buildings, multi-modal connectivity, context-sensitive architectural design, and natural materials and colors.
5.
Downtown Mixed-Use (DMX). The Downtown Mixed-Use District is coded for the traditional downtown area. Individual buildings are encouraged to be multi-story with uses mixed vertically, street level commercial and upper level office and residential. Higher densities of residential development are encouraged. It is the purpose of these regulations to encourage vitality by excluding certain activities which have a negative effect on the public realm through auto-dominated or non-pedestrian oriented design or uses.
6.
Corridor Mixed-Use (CMX). The Corridor Mixed-Use District is coded to facilitate convenient access, minimize traffic congestion, and reduce the visual impact of auto-oriented uses along the city's major thoroughfares. In addition, this district is established to assure the continuation of the natural beauty and green appearance of the major thoroughfares leading into the city, for enhancement of the appearance of newly developed and redeveloped properties, and for the promotion of public safety by limiting the number and location of access points.
7.
Institutional Campus (IC). The Institutional Campus District is coded to allow for the continued and future use, expansion, and new development of academic and religious campuses, as well as government and health-care facilities. Unlike regular buildings which are oriented towards public streets, campus buildings are introverted towards spaces within the campus such as quadrangles.
8.
General Industrial (GI). This district is primarily for general industrial land uses and a broader variety of operations, including manufacturing, processing, and assembling of parts and products and distribution of products at wholesale or retail. The standards established for general industrial areas are designed to promote sound permanent industrial development.

(Ord. No. 15-08, §§ 1, 2, 12-5-08; Ord. No. 20-09, § 4(Exh. B(2)), 9-21-09; Ord. No. 2015-32, § 01, 11-16-15; Ord. No. 2020-23 , § 1(Exh. A), 10-19-20; Ord. No. 2021-16 , § 1(Exh. A), 4-19-21; Ord. No. 2024-43, § 1(Exh. A), 11-18-24; Ord. No. 2025-04, § 1(Exh. A), 1-21-25)

Effective on: 1/21/2025

2.1.3. Establishment of conditional zoning districts.

In addition to the base districts established above, and as authorized under G.S. 160D-703 the following conditional districts are established which correspond to the above-referenced districts but which require the submission of a master plan as a prerequisite to any development.

1.
Institutional Campus Conditional Zoning District (IC CD).
2.
General Industrial Conditional Zoning District (GI CD).
3.
Downtown Mixed-Use Conditional Zoning District (DMX CD).
4.
Corridor Mixed-Use Conditional Zoning District (CMX CD).
5.
Pisgah Gateway Mixed-Use Conditional Zoning District (PGX CD).
6.
Neighborhood Mixed-Use Conditional Zoning District (NMX CD).
7.
Residential Mixed-Use Conditional Zoning District (RMX CD).
8.
General Residential Conditional Zoning District (GR CD).

These districts are intended to provide an effective means for the city to manage the impacts of large-scale developments; to manage developments in sensitive contexts; to provide developers with the flexibility for creative design approaches; to allow for the establishment of specific land uses not otherwise permitted in the underlying base district; to allow for changes in the density, dimensional, and setback requirements of CHAPTER 2. The districts are subject to applicable conditions of the approving authority. If the ordinance creating a conditional zoning district fails to provide specific standards, any development in the district shall comply with the applicable standards for the corresponding base district contained in this Ordinance and the Brevard City Code. These districts are not intended to relieve hardships that should be resolved by means of a variance. The procedure for the establishment of these districts is found in Section 16.7 of this Ordinance.

The conditional zoning district classification allows projects of innovative design and layout that would not otherwise be permitted under this ordinance because of the strict application of zoning district or general development standards. Conditional zoning encourages innovative land planning and design concepts by:

1.
Reducing or eliminating the inflexibility that sometimes results from strict application of zoning and development standards that were designed primarily for individual lots;
2.
Allowing greater freedom in selecting the means to provide access, light, open space, and design amenities;
3.
Allowing greater freedom in providing a mix of land uses in the same development, including a mix of housing types, housing prices, lot sizes, densities, and non-residential uses in a conditional zoning district;
4.
Promoting quality urban design and environmentally sensitive development by allowing development to take advantage of special site characteristics, locations, and land uses; and
5.
Encouraging quality urban design and environmentally sensitive development by allowing increases in base densities when such increases can be justified by superior design or the provision of additional amenities such as public and/or private open space.

In return for greater flexibility in site design requirements, conditional zoning districts are expected to deliver exceptional quality community designs that preserve critical environmental resources, provide above-average open space amenities, incorporate creative design in the layout of buildings, open space and circulation; assure compatibility with surrounding land uses and neighborhood character; and provide greater efficiency in the layout and provision of roads, utilities, and other infrastructure.

General use and development standards for Conditional Zoning Districts.

1.
Uses allowed. A development may contain only those uses specified in the ordinance creating the conditional zoning district. Such uses may include any of the uses indicated in the use matrix contained in Section 2.2.C, provided such uses are consistent with the Comprehensive Land Use Plan.
2.
Mixed-uses encouraged.
1. a.
  Mixed-use developments are strongly encouraged in conditional zoning districts, including the mixing of principal residential uses with principal non-residential uses. Mixed-use development may occur by having two or more principal uses located in the same building (e.g., retail on ground floor, office space above) or by having two or more principal uses located in different buildings sited on the same lot or parcel (e.g., freestanding child day care center located on the same parcel as an office building).
2. b.
  Developments containing both residential and non-residential uses shall be designed, located, and oriented on the site so that non-residential uses are directly accessible to residents of the development. For the purposes of this section, "directly accessible" shall mean pedestrian and vehicular access by way of improved sidewalks or paths and streets that do not involve leaving the planned development or using a major thoroughfare. "Directly accessible" does not necessarily mean that non-residential uses need to be located in a particular location, but that the siting of such uses considers the accessibility of the residential component of the development to the non-residential use.
3.
Unless the ordinance creating a conditional zoning district specifies otherwise, conditional zoning districts which contain residential uses shall incorporate the following design principles:
1. a.
  All neighborhoods shall have identifiable centers and edges.
2. b.
  Edge lots shall be readily accessible to retail and/or recreation by non-vehicular means (a distance not greater than ¼—½ mile).
3. c.
  Uses shall be mixed and in close proximity to one another.
4. d.
  Street networks shall be interconnected and blocks small.
5. e.
  Sidewalks and other pedestrian infrastructure shall be interconnected and comprehensive.
6. f.
  The entire land area of the development shall be divided into blocks, streets, lots and open space areas.
7. g.
  Similar land categories shall generally front across streets. Dissimilar categories should abut at rear lot lines. Corner lots which front on streets of dissimilar use should be set back the same as the adjacent use with the lesser setback.
8. h.
  Open space shall be centrally located so that it is within walking distance (¼—½ mile) from all locations within the conditional zoning district. All required open space shall be in accordance with the provisions of CHAPTER 7.
9. i.
  Dimensional standards shall be established in accordance with neighborhood design but shall be generally consistent with those found in the RMX, NMX and DMX Districts.

The ordinance creating the conditional zoning district shall specify whether phasing is proposed as well as the process, if applicable, for the review and approval of such phases, including any future subdivision of the property. Any references to the final master plan in this section or Section 16.7.E may apply to the entire planned development or an individual phase of such development.

(Ord. No. 15-08, §§ 1, 2, 12-5-08; Ord. No. 20-09, § 4(Exh. B(2)), 9-21-09; Ord. No. 2015-32, § 01, 11-16-15; Ord. No. 2020-23 , § 1(Exh. A), 10-19-20; Ord. No. 2021-16 , § 1(Exh. A), 4-19-21; Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-43, § 1(Exh. A), 11-18-24; Ord. No. 2025-04, § 1(Exh. A), 1-21-25)

Effective on: 1/21/2025

2.1.4. Overlay districts.

In accordance with G.S. 160D-703, the following overlay districts are established. These overlay districts impose additional requirements on properties within one or more underlying base or conditional districts.

A.
Manufactured Home Overlay District (MHD). The purpose of the MHD is to allow for the continued placement of manufactured homes "by right" in areas where manufactured housing is a historical housing form.
B.
Highway 64 Corridor Sign Overlay District. The purpose of the Highway 64 Corridor Sign Overlay District is to provide standard signage requirements for the commercial corridor along the Asheville and Rosman Highway commercial corridors of US Highway 64.
C.
Downtown Development Overlay District. The purpose of the Downtown Development Overlay District is to ensure that new development in the core of downtown is consistent with the community's character and promotes a human-scaled, pedestrian-friendly environment.

Effective on: 6/3/2024

2.4.1. General group development requirements.

Applicability:

1.
Group development review is applicable to any land development subject to a site plan that includes 2 or more principal buildings on a single parcel (or grouping thereof) for the purpose of development (whether immediate or in the future).
2.
Other individual structures designed to accommodate a variety of distinct uses may be considered as a group development at the discretion of the administrator.

Group development matrix: The following matrix sets forth the manner by which certain types of group developments may be permitted within the various districts.

1.
"P" denotes those group development types that are permitted "by right."
2.
"—" denotes those group development types that are not permitted within the given district.
3.
"PS" denotes those group development types that are permitted with additional standards, which are set forth herein.
4.
"MHD" denotes those group development types that are permitted within a Manufactured Housing Overlay District.

TABLE 2.4.1-A: GROUP DEVELOPMENT TYPOLOGY MATRIX
CATEGORY	GROUP DEVELOPMENT	ZONING DISTRICTS
CATEGORY	GROUP DEVELOPMENT	GR	RMX	NMX	PGX	DMX	CMX	IC	GI
Residential	All residential group developments, except as listed below	PS	PS	PS	PS	PS	PS	PS	—
	Cluster Home Development	PS	PS	PS	PS	—	—		—
	Neighborhood Development	PS	PS	—	—	—	—	—	—
	Manufactured Home Park	MHD	MHD	MHD	MHD	MHD	MHD	MHD	MHD
Non-Residential	All non-residential or mixed-use group developments, except as listed below	—	PS	PS	PS	PS	PS	PS	PS
Non-Residential	Shopping Centers	—	—	PS	PS	PS	PS	—	—

TABLE 2.4.1-A: GROUP DEVELOPMENT TYPOLOGY MATRIX
CATEGORY	GROUP DEVELOPMENT	ZONING DISTRICTS
CATEGORY	GROUP DEVELOPMENT	GR	RMX	NMX	PGX	DMX	CMX	IC	GI
Residential	All residential group developments, except as listed below	PS	PS	PS	PS	PS	PS	PS	—
	Cluster Home Development	PS	PS	PS	PS	—	—		—
	Neighborhood Development	PS	PS	—	—	—	—	—	—
	Manufactured Home Park	MHD	MHD	MHD	MHD	MHD	MHD	MHD	MHD
Non-Residential	All non-residential or mixed-use group developments, except as listed below	—	PS	PS	PS	PS	PS	PS	PS
Non-Residential	Shopping Centers	—	—	PS	PS	PS	PS	—	—

C.
Submittal requirements:
1. 1.
  Each application for a group development shall be accompanied by development plans as required by CHAPTER 17 that show compliance with all applicable regulations, including but not limited to landscaping, parking, stormwater management, and infrastructure improvements
D.
Use limitations:
1. 1.
  Unless otherwise provided by this section for a specific type, group developments must comply with the use matrix. No other uses may be permitted.
2. 2.
  The following uses are not permitted in group developments, unless explicitly allowed by this section:
  1. a.
    Dwelling - Single-family
  2. b.
    Dwelling - Duplex
  3. c.
    Manufactured Home
E.
Connectivity and circulation:
1. 1.
  The group development shall accommodate safe, efficient, and convenient vehicular, pedestrian, and bicycle circulation throughout the development, as outlined in CHAPTER 9.
2. 2.
  All principal structures within a group development shall be connected by a sidewalk.
F.
Street access:
1. 1.
  Any building established as a part of a group development project, which cannot properly be served by emergency or service vehicles from an existing abutting street, shall be made accessible to such vehicles by a publicly-accessible road.
  1. a.
    Typically, a building cannot be properly served if it is not within 500 feet of a fire hydrant, 150 feet from a publicly accessible road, or otherwise deemed unacceptable by the Technical Review Committee. Exceptions and/or alternatives to these minimum requirements may be considered by the Technical Review Committee.
2. 2.
  All interior roads shall be paved to City standards with a minimum width of 20 feet and adequately maintained for emergency or service vehicle access.
G.
Building separation:
1. 1.
  All buildings established as part of a group development project shall be separated in accordance with North Carolina Building Code separation requirements.
H.
Parking:
1. 1.
  The location of off-street parking may be permitted between a principal structure and the street within a group development. In such instances, no more than 40% of the street frontage, minus any required setback distances, shall be occupied by parking areas. Additional buffers and landscaping may be required to obscure parking adjacent to the street.

FIGURE 2.4.1-A: ILLUSTRATIVE DIAGRAMS OF PARKING LOCATIONS IN A GROUP DEVELOPMENT

FIGURE 2.4.1-A: ILLUSTRATIVE DIAGRAMS OF PARKING LOCATIONS IN A GROUP DEVELOPMENT

I.
Setbacks:
1. 1.
  Unless otherwise provided by this section, each group development project shall comply with the setback requirements established for the zoning districts in Section 2.7.
J.
Ownership:
1. 1.
  When a group development is designed with individual lots with shared stewardship of the common areas, the following additional standards shall be met:
  1. a.
    Covenants of shared stewardship shall be recorded in the Transylvania County Register of Deeds and such contractual rights and obligations shall be established prior to final zoning inspection approval.
2. 2.
  When a group development is designed as a multi-dwelling, multi-tenant or mixed-use development under single ownership, subject to the use limitations herein, the following additional standards shall be met:
  1. a.
    If at any point in the future the owner intends to transfer individual lots into separate ownership, a plat meeting all requirements of this ordinance shall be submitted to Planning staff for review and approval. Covenants of shared stewardship shall be recorded in the Transylvania County Register of Deeds and such contractual rights and obligations shall be established prior to final plat approval.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-43, § 1(Exh. A), 11-18-24; Ord. No. 2025-04, § 1(Exh. A), 1-21-25)

Effective on: 1/21/2025

2.4.2. Cluster home development.

Purpose: A cluster home development allows for small lot residential development in a manner that organizes multiple dwellings around a common open space, designed as a cohesive whole and maintained in shared stewardship by residents.

Applicability:

1.
Cluster home development may take one of the following forms:
1. a.
  A development may be designed with individual lots with shared stewardship of the common areas.
2. b.
  A development may be designed as a multi-dwelling development, subject to the use limitations below.
2.
Cluster home development shall comply with the group development standards established herein and the following standards.

Use Limitations:

1.
The following housing types are permitted in a cluster home development:
1. a.
  Dwelling - Single-family
2. b.
  Dwelling - Duplex
3. c.
  Dwelling – Multifamily 3-4 units/building
4. d.
  Dwelling – Townhome
2.
Accessory dwelling units are prohibited within a cluster home development.

Density and buildings:

1.
The maximum allowable density of a cluster home development shall be equal to 50% greater than the underlying base zoning district.
2.
Cluster home developments shall have a minimum of three detached residential buildings.
3.
All principal buildings within the cluster home development shall front on a street or a common open space.
4.
Each principal building within the cluster home development is permitted one accessory structure less than 120 SF.
5.
A maximum of two accessory structures shall be allowed within a cluster home development project for shared use. This includes any shared community buildings, storage sheds, etc. The maximum ground floor area for accessory structures shall not exceed 50% of the aggregate ground floor area of the principal structures. Gazebos and other structures that are amenities within the common areas are exempt.

Setbacks:

1.
Individual lots or building sites within the cluster home development are exempt from the base zoning district setback requirements. However, the base zoning district setbacks apply to the cluster home development parcel.
2.
Dwelling units oriented towards a common open space area shall provide a six feet minimum setback from the common area. Such setback does not count toward any required common area.

Common open space: Common open space areas shall meet the following standards:

1.
The common open space shall include a central green, lawn or garden areas, playground, plaza, or other greenspace / feature as a central focal point.
2.
The minimum size of the common open space area is 3,000 square feet or 500 square feet per dwelling unit, whichever is greater. This requirement shall replace any open space required in accordance with CHAPTER 7.
3.
The common open space area shall maintain a minimum width of 30 feet, shall be contiguous and centrally located, and shall front on a public street.
4.
A maximum of 30% of the common open space may be hardscape.

Parking: In addition to the parking standards in CHAPTER 10, parking for a cluster home development shall meet the following standards:

1.
Required off-street parking may be provided on individual development sites within the cluster home development or in a shared parking area serving multiple dwellings on site.
2.
Parking shall not be located:
1. a.
  between principal structures,
2. b.
  between principal structures and the street,
3. c.
  between principal structures and the required common area, or
4. d.
  within any required common area.

FIGURE 2.4.2-A: ILLUSTRATIVE DIAGRAM OF CLUSTER HOME DEVELOPMENT

FIGURE 2.4.2-A: ILLUSTRATIVE DIAGRAM OF CLUSTER HOME DEVELOPMENT

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

Effective on: 6/3/2024

2.4.3. Neighborhood development.

Applicability:

1.
Neighborhood development standards shall apply to a predominately residential group development designed as individual lots with shared stewardship of common areas and infrastructure.
2.
These standards shall apply to any project with 8 or more lots and/or shared infrastructure.
3.
Neighborhood development shall comply with the group development standards established herein and the following standards.

Use limitations:

1.
Neighborhood development shall be predominately residential, subject to the use matrix in Section 2.2.

Street access:

1.
All lots intended for development are required to front on a road in accordance with the lot requirements of Section 4.2.
2.
Roads and driveways shall meet the requirements of CHAPTER 13. If the roads are to be dedicated to the City of Brevard for maintenance, they shall be built in compliance with public road standards.

Density and buildings:

1.
The maximum allowable density of a neighborhood development shall be equal to the underlying base zoning district.

Setbacks:

1.
All lots established as part of a neighborhood development shall comply with the setback requirements of the base zoning district.

Parking: In addition to the parking standards in CHAPTER 10, parking for a neighborhood development shall meet the following standards:

1.
Required off-street parking may be provided on individual development sites within the neighborhood development or in a shared parking area serving multiple dwellings on site.

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

Effective on: 6/3/2024

2.4.4. Manufactured home park.

Applicability:

1.
Manufactured home park standards shall apply to 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.
2.
Manufactured home park may take one of the following forms:
1. a.
  A development may be designed with individual lots with shared stewardship of the common areas.
2. b.
  A development may be designed as a multi-dwelling development, subject to the use limitations below.
3.
Manufactured home parks shall comply with the group development standards established herein and the following standards.

Use limitations:

1.
The following housing types are permitted in a manufactured home park:
1. a.
  Manufactured home.
2.
Accessory dwelling units are prohibited within a manufactured home park.

Density and buildings:

1.
The maximum allowable density of a manufactured home park shall be equal to 50% greater than the underlying base zoning district.
2.
All principal buildings within the manufactured home park shall front on a street or interior road.
3.
Each principal building within the manufactured home park is permitted one accessory structure less than 120 SF.
4.
A maximum of two accessory structures shall be allowed within a manufactured home park for shared use. This includes any shared community buildings, storage sheds, etc. The maximum ground floor area for accessory structures shall not exceed 50% of the aggregate ground floor area of the principal structures. Gazebos and other structures that are amenities within the common areas are exempt.

Setbacks:

1.
Individual lots or manufactured home sites within the manufactured home park group development are exempt from the base zoning district setback requirements. However, the base zoning district setbacks apply to the manufactured home park parcel.

Parking: In addition to the parking standards in CHAPTER 10, parking for a manufactured home park shall meet the following standards:

1.
Required off-street parking may be provided on individual development sites within the manufactured home park or in a shared parking area serving multiple dwellings on site.
2.
Parking shall not be located:
1. a.
  between principal structures,
2. b.
  between principal structures and the street,
3. c.
  between principal structures and the required common area, or
4. d.
  within any required common area.

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

Effective on: 6/3/2024

2.4.5. Shopping centers.

Applicability:

1.
Shopping center regulations shall apply to large-scale non-residential or mixed-use group development with at least 2 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.
2.
Shopping centers may be designed as multi-tenant commercial buildings, zero-lot line development of attached structure(s); as individual parcels with shared stewardship of the common areas; or a combination thereof.
3.
Shopping centers shall comply with the group development standards established herein and the following standards.

Use Limitations:

1.
The shopping center may contain uses permitted by the applicable zoning district.

Setbacks:

1.
Individual lots or building sites within the shopping center group development are exempt from the base zoning district setback requirements. However, the base zoning setbacks apply to the shopping center parcel.

(Ord. No. 2022-76, § 1(Exh. A), 12-5-22; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

2.6.1. Density.

Maximum density of dwelling units. The maximum allowable dwelling unit density varies based on the zoning district.

TABLE 2.6.1-A: MAXIMUM DWELLING UNIT (DU) DENSITY
District	Maximum Density
GR4	4 du/acre
GR8	8 du/acre
RMX	15 du/acre
NMX	25 du/acre
PGX	30 du/acre
DMX	None
CMX	40 du/acre
IC	15 du/acre
GI	DU not permitted
Note: Projects or developments that do not meet the above standards may apply for conditional zoning in accordance with Section 2.1.C.

TABLE 2.6.1-A: MAXIMUM DWELLING UNIT (DU) DENSITY
District	Maximum Density
GR4	4 du/acre
GR8	8 du/acre
RMX	15 du/acre
NMX	25 du/acre
PGX	30 du/acre
DMX	None
CMX	40 du/acre
IC	15 du/acre
GI	DU not permitted
Note: Projects or developments that do not meet the above standards may apply for conditional zoning in accordance with Section 2.1.C.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-43, § 1(Exh. A), 11-18-24; Ord. No. 2025-04, § 1(Exh. A), 1-21-25)

Effective on: 1/21/2025

2.6.2. Building height.

Maximum building height. The maximum building height for a structure varies based on zoning district.

TABLE 2.6.2-A: MAXIMUM BUILDING HEIGHT BY RIGHT
District	Maximum Height by Right
GR4	35 feet
GR8	35 feet
RMX	35 feet
NMX	35 feet
PGX	35 feet
DMX	50 feet
CMX	50 feet
IC	50 feet
GI	50 feet
Note: Projects or development that do not meet the above standards may apply for conditional zoning in accordance with Section 2.1.C.

TABLE 2.6.2-A: MAXIMUM BUILDING HEIGHT BY RIGHT
District	Maximum Height by Right
GR4	35 feet
GR8	35 feet
RMX	35 feet
NMX	35 feet
PGX	35 feet
DMX	50 feet
CMX	50 feet
IC	50 feet
GI	50 feet
Note: Projects or development that do not meet the above standards may apply for conditional zoning in accordance with Section 2.1.C.

B.
Computation of building height.
1. 1.
  "Building height" is measured as the vertical distance above a reference elevation measured to the parapet or roof line of a flat roof, the eave of a pitched roof, or the deck line of a mansard roof. The height of a terraced or stepped building is the maximum height of any segment of the building.
2. 2.
  The reference elevation shall be selected using the greater of either of the following:
  1. a.
    The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of an exterior wall of the building when such sidewalk or ground surface is not more than ten feet above the lowest grade; or,
  2. b.
    An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in subsection B.1, above is more than 10 feet above the lowest grade.

FIGURE 2.6.2-A: BUILDING HEIGHT MEASUREMENT

FIGURE 2.6.2-A: BUILDING HEIGHT MEASUREMENT

1. 3.
  Items not included in calculation: The height limitations of this section shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy, monuments, water towers, observation towers, transmission towers, chimneys, smokestacks, conveyors, flagpoles, masts and antennas; provided evidence from appropriate authorities is submitted to the effect that such building or structure will not interfere with any airport zones or flight patterns.

C.
Maximum story height.
1. 1.
  A building story shall not exceed 14 feet in height from finished floor to finished floor.
2. 2.
  Basements that emerge less than 4 feet from grade or attics not exceeding 4 feet at the knee-wall shall not constitute a story.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-43, § 1(Exh. A), 11-18-24; Ord. No. 2025-04, § 1(Exh. A), 1-21-25; Ord. No. 2025-14, § 1(Exh. A), 4-7-25)

Effective on: 4/7/2025

2.6.3. Project area by right.

Minimum project area. There is no minimum project size required, regardless of zoning district.

Maximum project area. The maximum project size by right varies based on the zoning district.

TABLE 2.6.3-A: MAXIMUM PROJECT AREA BY RIGHT
District	Maximum Project Area by Right
GR4	20 acres
GR8	10 acres
RMX	10 acres
NMX	10 acres
PGX	10 acres
DMX	10 acres
CMX	10 acres
IC	None
GI	None
Note: Projects or development that do not meet the above standards may apply for conditional zoning in accordance with Section 2.1.C.

TABLE 2.6.3-A: MAXIMUM PROJECT AREA BY RIGHT
District	Maximum Project Area by Right
GR4	20 acres
GR8	10 acres
RMX	10 acres
NMX	10 acres
PGX	10 acres
DMX	10 acres
CMX	10 acres
IC	None
GI	None
Note: Projects or development that do not meet the above standards may apply for conditional zoning in accordance with Section 2.1.C.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-43, § 1(Exh. A), 11-18-24; Ord. No. 2025-04, § 1(Exh. A), 1-21-25)

Effective on: 1/21/2025

Editor's Note

Ordinance 2024-23, adopted June 3, 2024, effectively repealed the previous Section 2.3 - Density and dimensional requirements - and replaced it with Section 2.6 - Density and dimensional requirements - and Section 2.7 - Yards and setbacks.

The ordinances that amended the previous Section 2.3 are: Ord. No. 3-07, § 1, 2-5-07; Ord. No. 8-07, § 1(A), 5-21-07; Ord. No. 15-08, §§ 4—9, 12-5-08; Ord. No. 20-09, § 4(Exh. B(3)), 9-21-09; Ord. No. 2014-25, § 01(Exh. A), 12-15-14; Ord. No. 2015-23, § 01, 9-21-15; Ord. No. 2017-19, § 1, 9-18-17; Ord. No. 2018-04, § 1(Att. A), 2-19-18; Ord. No. 2018-22, § 1(Att. B), 9-17-18; Ord. No. 2020-04 , § 1(Exh. A), 2-17-20; Ord. No. 2020-24 , § 1(Exh. A), 10-19-20; Ord. No. 2020-25 , § 1(Exh. A), 10-19-20; Ord. No. 2021-16 , § 1(Exh. A), 4-19-21; Ord. No. 2021-28 , § 1(Exh. A), 6-21-21; Ord. No. 2022-40, § 1(Exh. A), 6-20-22; Ord. No. 2022-69, § 1(Exh. A), 11-7-22; Ord. No. 2023-07, § 1(Exh. A), 2-6-23; Ord. No. 2023-61, § 1(Exh. A), 12-18-23.

2.7.1. General standards for all yards and setbacks.

A building, structure, lot, or sign shall not be developed, used or occupied unless it meets the minimum setback requirements set forth herein for the use or the zoning district in which it is located, except permitted encroachments in Section 2.7.9.

1.
Landscaping requirements set forth in CHAPTER 8 of this ordinance may supersede setbacks listed herein.
2.
No portion of any structure shall be placed upon any parcel boundary or within any public or private right-of-way or easement, unless otherwise provided for by this ordinance. This provision shall not prohibit zero lot line structures with common walls situated on one or more lot lines.

Types of setbacks:

1.
Front yard setbacks shall apply to the portion of the lot adjacent to the right-of-way. All lots are required to have a front yard.
2.
Rear yard setbacks shall apply to the portion of the lot on the opposite side of the lot from the front yard setback. All lots are required to have a rear yard.
3.
Side yard setbacks shall be the required setback from any property line other than front or rear property lines.

FIGURE 2.7.1-A: ILLUSTRATIVE SETBACK DIAGRAMS

FIGURE 2.7.1-A: ILLUSTRATIVE SETBACK DIAGRAMS

C.
Measurement of setbacks and building lines:
1. 1.
  Required yard setbacks and building lines are measured parallel to the applicable lot line or public right-of-way line.
  a.
  Front yard setbacks and building lines shall be measured from the property line or the edge of the right-of-way, whichever is further from the centerline of the roadway.
  b.
  Side yard and rear yard setbacks and building lines shall be measured from the property line(s).
2. 2.
  When lot lines are curvilinear, setbacks and building lines shall be measured parallel to the curvilinear lot line.

FIGURE 2.7.1-B: SETBACKS FROM CURVILINEAR LOT LINES

FIGURE 2.7.1-B: SETBACKS FROM CURVILINEAR LOT LINES

1. 3.
  When there are multiple rear lot lines, the rear yard setback and building line must be measured from each of the rear lot lines.

FIGURE 2.7.1-C: SETBACKS FROM MULTIPLE REAR LOT LINES

FIGURE 2.7.1-C: SETBACKS FROM MULTIPLE REAR LOT LINES

D.
Administrative decisions for setbacks:
1. 1.
  The administrator may impose additional setbacks based upon specific guidance from the City of Brevard Comprehensive Plan, the City of Brevard Downtown Master Plan and other district or small area/master plans, the City of Brevard Comprehensive Pedestrian Plan, the City of Brevard Street Schedule, or other plans or policies of the city.
  1. a.
    For private streets, a right-of-way in accordance with CHAPTER 13 shall be assumed by the administrator.
  2. b.
    When determining the edge of the right-of-way, the administrator shall account for existing or proposed additional automobile, bicycle, or pedestrian travel lanes, turn lanes, roundabouts, on-street parking, and other improvements that deviate from a standard street cross-section.
2. 2.
  The administrator may approve deviations from required setbacks by up to 20 percent of the required area in accordance with CHAPTER 16 in order to:
  1. a.
    protect existing or proposed rights-of-way and other infrastructure improvements
  2. b.
    ensure environmental protection of sensitive and/or conservation areas, including steep slope areas
  3. c.
    account for surface water protection and/or satisfy flood damage prevention requirements
3. 3.
  For non-conforming lots without street frontage, the administrator shall designate a front yard for the purposes of setback measurement.
4. 4.
  The administrator may grant exceptions to the setback requirements of this ordinance for infill developments where the average setback on already-built-upon lots located wholly or in part within the same block and zoning district, and fronting on the same street as such lot, is less than the minimum required setback. In such cases, the front and side yard setbacks on such lot may be less than the required setback but not less than the average of the existing setbacks on the developed lots.
5. 5.
  The administrator may determine that in established neighborhoods the functional rear yard is not opposite the front yard based on the peculiar shape of the parcel or the development pattern. In these cases, the administrator may determine that another line shall be considered the rear lot line for setback purposes.

(Ord. No. 2023-61, § 1(Exh. A), 12-18-23; Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2025-14, § 1(Exh. A), 4-7-25)

Effective on: 4/7/2025

2.7.2. Setbacks for principal structures.

The minimum setback distance for principal structures varies by zoning district and shall be measured in accordance with this section.

TABLE 2.7.2-A: SETBACKS FOR PRINCIPAL STRUCTURES
District	Front Yard Setback	Rear Yard Setback	Side Yard Setback
GR (4, 8)	15 feet	25 feet	6 feet
RMX	10 feet	25 feet	6 feet
NMX	Edge of right-of-way	10 feet	0 feet / 10 feet from GR & RMX
PGX	15 feet	10 feet	6 feet
DMX	Edge of right-of-way	0 feet	0 feet
CMX	10 feet	10 feet / 25 feet from GR & RMX	0 feet / 10 feet from GR & RMX
IC	10 feet	10 feet / 25 feet from GR & RMX	6 feet / 10 feet from GR & RMX
GI	15 feet	10 feet / 25 feet from GR & RMX	10 feet / 25 feet from GR & RMX
CZD	To be determined by approving authority

TABLE 2.7.2-A: SETBACKS FOR PRINCIPAL STRUCTURES
District	Front Yard Setback	Rear Yard Setback	Side Yard Setback
GR (4, 8)	15 feet	25 feet	6 feet
RMX	10 feet	25 feet	6 feet
NMX	Edge of right-of-way	10 feet	0 feet / 10 feet from GR & RMX
PGX	15 feet	10 feet	6 feet
DMX	Edge of right-of-way	0 feet	0 feet
CMX	10 feet	10 feet / 25 feet from GR & RMX	0 feet / 10 feet from GR & RMX
IC	10 feet	10 feet / 25 feet from GR & RMX	6 feet / 10 feet from GR & RMX
GI	15 feet	10 feet / 25 feet from GR & RMX	10 feet / 25 feet from GR & RMX
CZD	To be determined by approving authority

(Ord. No. 2023-61, § 1(Exh. A), 12-18-23; Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-43, § 1(Exh. A), 11-18-24; Ord. No. 2025-04, § 1(Exh. A), 1-21-25; Ord. No. 2025-39, § 1 (Exh. A), 8-4-25; Ord. No. 2025-58, § 1(Exh. A), 12-15-25)

Effective on: 12/15/2025

2.7.3. Setbacks for accessory structures.

Setbacks for accessory structures vary based on the size of the structure and the zoning district.

TABLE 2.7.3-A: SETBACKS FOR ACCESSORY STRUCTURES
District	Side Yard Setback		Rear Yard Setback
District	< 120 sq. ft.	≥ 120 sq. ft.	< 120 sq. ft.	≥ 120 sq. ft.
GR (4, 8)	3 feet	6 feet	3 feet	10 feet
RMX	0 feet	3 feet	0 feet	3 feet
NMX	0 feet	3 feet	0 feet	3 feet
PGX	0 feet	3 feet	0 feet	3 feet
DMX	0 feet	0 feet	0 feet	0 feet
CMX	0 feet	0 feet	0 feet	0 feet
IC	0 feet/6 feet from GR & RMX	6 feet/10 feet from GR & RMX	0 feet/6 feet from GR & RMX	6 feet/10 feet from GR & RMX
GI	10 feet/25 feet from GR & RMX	10 feet/25 feet from GR & RMX	10 feet/25 feet from GR & RMX	10 feet/25 feet from GR & RMX
CZD	To be determined by approving authority

TABLE 2.7.3-A: SETBACKS FOR ACCESSORY STRUCTURES
District	Side Yard Setback		Rear Yard Setback
District	< 120 sq. ft.	≥ 120 sq. ft.	< 120 sq. ft.	≥ 120 sq. ft.
GR (4, 8)	3 feet	6 feet	3 feet	10 feet
RMX	0 feet	3 feet	0 feet	3 feet
NMX	0 feet	3 feet	0 feet	3 feet
PGX	0 feet	3 feet	0 feet	3 feet
DMX	0 feet	0 feet	0 feet	0 feet
CMX	0 feet	0 feet	0 feet	0 feet
IC	0 feet/6 feet from GR & RMX	6 feet/10 feet from GR & RMX	0 feet/6 feet from GR & RMX	6 feet/10 feet from GR & RMX
GI	10 feet/25 feet from GR & RMX	10 feet/25 feet from GR & RMX	10 feet/25 feet from GR & RMX	10 feet/25 feet from GR & RMX
CZD	To be determined by approving authority

B.
Accessory structures to residential uses located within 6 feet of the principal structure are considered to be attached for the purpose of setbacks, and shall comply with the setback requirements of the principal structure.

Effective on: 12/15/2025

2.7.4. Setbacks for corner lots and multi-frontage lots.

Any structure on any lot that fronts on more than one street shall comply with the minimum front yard setback requirement for each street upon which the lot fronts.

Alleys, rear lanes, and commercial service lanes are not classified as streets for the purpose of determining corner or multi-frontage lot setbacks.

The rear yard shall be determined as the portion of the lot on the opposite side of the lot from the front yard on the street with the higher classification.

FIGURE 2.7.4-A: SETBACKS FROM MULTI-FRONTAGE LOTS

FIGURE 2.7.4-A: SETBACKS FROM MULTI-FRONTAGE LOTS

(Ord. No. 2023-61, § 1(Exh. A), 12-18-23; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

2.7.5. Setbacks for triangle lots and other lots without a rear lot line.

On properties where there is no rear lot line, the rear setback shall be measured as a radial distance from the intersection of side lot lines at the rear of the lot.

FIGURE 2.7.5-A: SETBACKS FROM LOTS WITH NO REAR LOT LINE

FIGURE 2.7.5-A: SETBACKS FROM LOTS WITH NO REAR LOT LINE

(Ord. No. 2023-61, § 1(Exh. A), 12-18-23; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

2.7.6. Setbacks for irregular lots.

The location of required front, side and rear yards on irregularly shaped lots shall be determined by the administrator. This determination shall be based on the spirit and intent of this ordinance to continue the appropriate spacing and location of buildings and structures on individual lots.

For irregular lots, the Zoning Administrator will determine the termination of the “parcel connector” based on the definition and will measure front yard setbacks from that point.

All other setback distances (rear and side yards)shall be equal to the minimum rear yard setback for the district, unless:

1.
A newly-created irregular lot would convert an existing conforming secondary or accessory dwelling unit to a principal single-family structure. In this case, the setbacks for the principal structure may equal that of an accessory structure of that size in the zoning district.

FIGURE 2.7.6F: SETBACKS FROM IRREGULAR LOTS

FIGURE 2.7.6F: SETBACKS FROM IRREGULAR LOTS

(Ord. No. 2023-61, § 1(Exh. A), 12-18-23; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

2.7.7. Setbacks for zero lot line developments.

Zero lot line developments using shared firewalls or other type of separation as prescribed by NC Building Code are permitted with no setback requirements along the interior lot line, subject to other requirements as set forth in this ordinance.

FIGURE 2.7.7-A: ZERO LOT LINE DEVELOPMENT SETBACKS

FIGURE 2.7.7-A: ZERO LOT LINE DEVELOPMENT SETBACKS

(Ord. No. 2023-61, § 1(Exh. A), 12-18-23; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

2.7.8. Lots within the Downtown Development Overlay District.

New buildings in the Downtown Development Overlay District shall be subject to a front build-to line, or maximum setback, of 12 feet, as measured from the edge of the right-of-way, with a build-to percentage of 80 percent.

The build-to percentage may be reduced to 50 percent if the new building includes a public courtyard or plaza space.

FIGURE 2.7.8-A: BUILD-TO LINE AND BUILD-TO PERCENTAGE

FIGURE 2.7.8-A: BUILD-TO LINE AND BUILD-TO PERCENTAGE

(Ord. No. 2023-61, § 1(Exh. A), 12-18-23; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

2.7.9. Encroachments.

Certain structural and architectural features are permitted to encroach into setback areas and/or into rights-of-way. Unless explicitly allowed herein, no other encroachments shall be permitted to encroach into a public or private right-of-way or easement, regulatory floodplain, or surface water protection area. The following standards shall be established for encroachments:

A.
Awnings or canopies: Awnings or canopies on structures may encroach upon the front setback area and rights-of-way provided that the following conditions are met:
1. 1.
  Awnings or canopies shall be supported by means of a frame attached directly to the structure receiving beneficial use of the awning or canopy. In no case shall awnings or canopies be supported by a frame attached to a sidewalk or other public right-of-way.
2. 2.
  Shopfront awnings or canopies projecting the width of the sidewalk pedestrian zone must be attached to the building at 14 feet above the grade of the sidewalk. Awnings or canopies may only project two-thirds the width of the sidewalk pedestrian zone if attached lower than 14 feet above the grade of the sidewalk.
3. 3.
  Awnings or canopies shall not project into the furniture/landscape zone of any sidewalk, nor over a street or adjacent on-street parking, and, in no event, shall they project further than seven feet from the face of the building.
4. 4.
  The lowest point of any awning or canopy shall be at least nine feet above the grade of the sidewalk.
B.
Handicapped ramps: The administrator may approve the installation of handicapped landings, ramps, and similar structures as additions to existing structures, even though such additions do not meet the minimum setback requirements of this ordinance, provided such additions meet the following criteria:
1. 1.
  They are intended for the sole purpose of providing handicapped access to an existing structure.
2. 2.
  They fully conform to North Carolina Building Code and are designed to minimize setback deviations to the maximum extent possible.
3. 3.
  Prior to the issuance of any permit the administrator shall inspect the site of the proposed addition and may impose such conditions as are necessary to minimize any conflicts that may arise from the construction thereof, including the encroachment of such additions upon setback lines.
4. 4.
  No such addition shall encroach into a public or private right-of-way or easement, regulatory floodway, or surface water protection area.
C.
Roof overhangs and gutters:
1. 1.
  Roof overhangs and gutters may encroach into front, rear, or side yard setbacks by up to two feet.
D.
Uncovered porches, stoops, and stairs:
1. 1.
  Uncovered porches, stoops, and stairs, intended primarily for means of ingress and egress, nominally in line with the first floor above grade or any floor below that, may encroach into front, or rear yard setbacks up to one-third of the required setback dimension up to a height of four feet above the elevation of the floor being served. The area of each porch not including landings between runs of stairs, shall be no greater than fifty square feet.
E.
Balconies and bay windows:
1. 1.
  Covered or uncovered balconies and bay windows may encroach into front or rear setbacks up to three feet into the required setback dimension. Balconies or bay windows may not exceed ten feet in width. Cumulative total of balconies and bay windows projecting into the setback shall not exceed 33 percent of the total width of each elevation.
F.
Chimneys:
1. 1.
  Chimneys may encroach into front, rear, or side setbacks by up to two feet. Width of the chimney encroachment shall not exceed that necessary for the fireplace, flue, and the typical building walls enclosing the fireplace or flue.

(Ord. No. 2015-23, § 02, 9-21-15; Ord. No. 2023-61, § 1(Exh. A), 12-18-23; Ord. No. 2025-14, § 1(Exh. A), 4-7-25; Ord. No. 2025-52, § 1(Exh. A), 11-3-25)

Effective on: 11/3/2025

Brevard City Zoning Code

CHAPTER 2

DISTRICTS AND GENERAL PROVISIONS

2.2. Use categories and tables of permitted uses.

All uses permitted in this Code have been divided into 10 general categories as detailed below and are generally defined as follows:

1.
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.
2.
Lodging: Premises available for short-term human habitation for a fee, including daily and weekly rental.
3.
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.
4.
Civic/institutional: Premises available for organizations dedicated to religion, education, government, social service, health care, and other similar functions.
5.
Entertainment/recreation: Premises for the gathering of people for purposes such as arts and culture, amusement, and recreation.
6.
Agriculture: Premises primarily used to grow crops, produce, flowers, etc., raise animals, harvest timber, or other similar functions.
7.
Manufacturing/wholesale/storage: Premises available for the creation, assemblage, storage, and repair of items including their wholesale or retail sale.
8.
Infrastructure: Uses and structures dedicated to transportation, communication, information, and utilities.
9.
Accessory: Uses of land or of a building or structure or portion thereof, which is incidental and subordinate to a principal use on the same lot.
10.
Temporary: Uses of land which, having met certain requirements and conditions, that may be permitted for a period of limited duration, and which may utilize "temporary structures" for the duration of the event.

Interpretation of use matrices.

1.
The use matrix is not intended to be a comprehensive list of all possible uses, but rather a list of more common uses likely to be proposed within the city.
2.
In the event that a particular use is not listed in the use matrix, and such use is not listed as a prohibited use and is not otherwise prohibited by law, the administrator shall determine whether a materially similar use exists in this chapter.
1. a.
  Should the administrator determine that a materially similar use does exist, the regulations governing that use shall apply to the particular use not listed and the administrator's decision shall be recorded in writing pursuant to G.S. 160D-403.
2. b.
  Should the administrator determine that a materially similar use does not exist, this chapter may be amended to establish a specific listing for the use in question in accordance with the provisions set forth for text amendments in CHAPTER 16.
3.
When determining whether a proposed use is materially similar to a listed use, the administrator may consider the following criteria:
1. a.
  The actual or projected characteristics of the proposed use;
2. b.
  The relative amount of site area or floor area and equipment devoted to the proposed use;
3. c.
  Relative amounts of sales;
4. d.
  The customer type;
5. e.
  The relative number of employees;
6. f.
  Hours of operation;
7. g.
  Amount and frequency of deliveries;
8. h.
  Building and site arrangement;
9. i.
  Types of vehicles used and their parking demands;
10. j.
  The number of vehicle trips generated;
11. k.
  Signs;
12. l.
  How the proposed use is advertised;
13. m.
  The likely impact on surrounding properties; and
14. n.
  Whether the activity is likely to be found independent of the other activities on the site.
4.
Prohibited uses within the applicable zoning district or uses for which the administrator determines there is not a materially similar use in the matrix may be permitted through the application of a conditional zoning district in accordance with the provisions set forth in CHAPTER 16.

Use matrix. The following matrix sets forth the manner by which certain uses may be permitted within the various districts set forth above.

1.
"P" denotes those uses that are permitted "by right."
2.
"—" denotes those uses that are not permitted within the given district.
3.
"SUP" denotes those uses that are permitted upon issuance of a special use permit in accordance with the provisions set forth in CHAPTER 16. Additional standards for certain uses requiring a special use permit are set forth in CHAPTER 3 of this ordinance.
4.
"PS" denotes those uses that are permitted with additional standards, which are set forth in CHAPTER 3.
5.
"MHD" denotes those uses that are permitted within a Manufactured Housing Overlay District.

TABLE 2.2-A: LAND USE MATRIX
CATEGORY	SECTION (a)	USE	ZONING DISTRICTS
CATEGORY	SECTION (a)	USE	GR	RMX	NMX	PGX	DMX	CMX	IC	GI
*Residential*
Household Living	3.5.1	Dwelling—Single-Family	P	P	—	—	—	—	P	—
		Dwelling—Duplex	P	P	P	P	—	—	P	—
		Dwelling—Multifamily 3—4 units/bldg.	P	P	P	P	P	P	P	—
		Dwelling—Multifamily more than 4 units/bldg.	—	P	P	P	P	P	P	—
		Dwelling—Townhome	P	P	P	P	P	P	P	—
		Manufactured Home	MHD	MHD	MHD	MHD	MHD	MHD	MHD	—
		Live-Work Units	PS	PS	PS	PS	PS	—	PS	—
		Mixed-Use Residential Unit	—	—	PS	PS	PS	PS	PS	—
Group Living	3.5.2	Family Care Home	P	P	P	P	P	P	P	—
		Housing Services for the Elderly	SUP	P	P	P	P	P	P	—
		Rooming or Boarding House	P	P	P	—	P	P	P	—
Social Services	3.5.3	Group Care Facility	P	P	P	—	P	P	P	—
Social Services	3.5.3	Shelter	SUP	P	P	—	P	P	P	—
*Lodging*
Overnight Accommodations	3.6.1	All overnight accommodations, except as listed below	—	—	—	P	P	P	P	—
		Bed and Breakfast	PS	PS	PS	PS	PS	PS	PS	—
		Short-Term Rental (STR)	—	PS	PS	PS	PS	PS	PS	—
Camping	3.6.2	Campground/Recreational Vehicle Park	SUP	SUP	SUP	SUP	—	—	SUP	—
		Rental Cottage/Cabins	PS	PS	PS	PS	—	—	—	—
		Seasonal Camp	PS	—	—	PS	—	—	PS	—
*Commercial*
Eating and Drinking Establishments	3.7.1	All restaurants and other eating and drinking establishments except as listed below	—	—	P	P	P	P	P	—
Eating and Drinking Establishments	3.7.1	Bar/Night Club	—	—	PS	PS	P	P	—	—
Personal Services	3.7.2	All personal services, except as listed below	—	P	P	P	P	P	P	—
Personal Services	3.7.2	Day Care Center	PS	PS	PS	PS	PS	PS	PS	PS
Professional Services	3.7.3	All professional services, except as listed below	SUP	P	P	P	P	P	P	P
		Adult Establishment	—	—	—	—	—	—	—	SUP
		Banks, Credit Unions, Financial Services, and ATMs	—	—	P	P	P	P	P	P
		Funeral Homes and Services	—	—	P	—	P	P	P	—
		Human Crematories and Crematoriums	—	—	PS	—	PS	PS	PS	PS
		Indoor Animal Services	—	—	P	P	P	P	P	P
		Kennels and Outdoor Animal Services	—	—	SUP	—	—	PS	—	PS
		Landscaping and Contractor Services	SUP	SUP	SUP	—	—	—	—	P
		Vehicle Services—Major Repair/Body Work	—	—	—	—	—	PS	—	PS
		Vehicle Services—Minor Maintenance/Repair	—	—	SUP	—	SUP	PS	PS	PS
Retail	3.7.4	All retail and sales establishments except as listed below	—	—	P	P	P	P	P	—
		Alcoholic Beverage Sales Store	—	—	SUP	P	P	P	—	—
		Auto/Mechanical Parts Sales	—	—	—	P	P	P	—	P
		Flea market	—	SUP	SUP	SUP	SUP	SUP	—	—
		Gas Station	—	—	SUP	PS	SUP	PS	—	PS
		Gunsmiths and Weapon Sales	—	—	SUP	SUP	PS	PS	—	PS
*Civic/Institutional*
Educational	3.8.1	All educational uses except as listed below	SUP	P	P	P	P	P	P	—
		Colleges/Universities	—	—	SUP	SUP	P	P	P	—
		Schools—Vocational/Technical	—	SUP	P	P	P	P	P	P
Government	3.8.2	All government uses, except as listed below	—	P	P	P	P	P	P	P
		Correctional Facilities	—	—	SUP	—	SUP	P	P	P
		Public Safety Station	SUP	SUP	P	P	P	P	P	P
Medical	3.8.3	All medical offices and facilities except as listed below	—	P	P	P	P	P	P	—
Medical	3.8.3	Hospital	—	—	—	—	—	P	P	—
Places of Worship	3.8.4	All religious institutions or places of worship	SUP	P	P	—	P	P	P	—
Places of Worship	3.8.4	Cemeteries	PS	PS	PS	—	PS	PS	PS	—
*Entertainment/Recreation*
Indoor Recreation	3.9.1	All indoor recreation facilities, except as listed below	SUP	P	P	P	P	P	P	P
		Cultural or Community Facility	SUP	P	P	P	P	P	P	—
		Indoor Amusements	—	—	SUP	P	P	P	SUP	P
		Indoor Firing Range	—	—	—	SUP	—	SUP	SUP	SUP
		Live Performance Theater	—	SUP	SUP	P	P	P	P	—
		Movie Theater	—	—	—	P	P	P	—	—
		Special Event Venue	SUP	SUP	PS	PS	PS	PS	PS	—
		Studios, Galleries and Workshops - High Impact	—	—	SUP	SUP	SUP	P	P	P
		Studios, Galleries and Workshops - Low Impact	—	P	P	P	P	P	P	—
Outdoor Recreation	3.9.2	All outdoor recreation facilities, except as listed below	SUP	P	P	P	P	P	P	P
		Non-Residential Swimming Pool or Pond	—	SUP	SUP	SUP	PS	PS	PS	—
		Outdoor Amusements	—	—	SUP	P	SUP	P	—	P
		Outdoor Firing Range	—	—	—	—	—	—	—	SUP
		Parks, Open Space, and Greenways	P	P	P	P	P	P	P	P
*Agriculture*
Agriculture	3.10.1	All agricultural uses	PS	—	—	—	—	PS	PS	PS
*Manufacturing/Wholesale/Storage*
Light Industrial and Manufacturing	3.11.1	All light industrial and manufacturing activities, except as listed below	—	—	—	—	—	SUP	—	P
		Brewery, Distillery, Winery, Cidery - High Impact	—	—	—	SUP	—	P	—	P
		Brewery, Distillery, Winery, Cidery - Low Impact	—	—	SUP	PS	PS	PS	—	PS
		Laboratory	—	—	—	—	—	P	P	P
		Laundry, Dry Cleaning Plant	—	—	—	—	—	SUP	P	P
		Manufacturing Research and Development	—	—	—	P	—	P	P	P
		Media Production	—	—	P	P	P	P	P	P
Heavy Manufacturing	3.11.2	All heavy manufacturing activities, except as listed below	—	—	—	—	—	—	—	SUP
Heavy Manufacturing	3.11.2	Metal Products Fabrication, Machine or Welding Shop	—	—	SUP	SUP	SUP	P	—	P
Storage and Disposal	3.11.3	All storage and disposal uses, except as listed below	—	—	—	—	—	SUP	—	P
		Chemical Storage Facility	—	—	—	—	—	—	—	P
		Solid Waste Disposal Facilities	—	—	—	—	—	—	—	PS
		Junkyard / Salvage Yard	—	—	—	—	—	—	—	SUP
Wholesaling and Distribution	3.11.4	All wholesaling and distribution activities, except as listed below	—	—	—	—	—	P	—	P
		Equipment Rental	—	—	—	—	—	P	—	P
		Indoor Vehicle/Heavy Equipment Sales	—	—	PS	—	PS	PS	—	PS
		Outdoor Vehicle/Heavy Equipment Sales	—	—	—	—	—	PS	—	PS
Extractive Industries	3.11.5	All extractive industries, except as listed below	—	—	—	—	—	—	—	P
Extractive Industries	3.11.5	Extractive industries involving blasting	—	—	—	—	—	—	—	SUP
*Infrastructure*
Utilities	3.12.1	Utilities—Class 1	P	P	P	P	P	P	P	P
		Utilities—Class 2	P	P	P	P	P	P	P	P
		Utilities—Class 3	—	—	—	—	—	—	—	P
Telecommunications	3.12.2	All wireless telecommunication facilities, except as listed below	PS	PS	PS	PS	PS	PS	PS	PS
Telecommunications	3.12.2	Wireless Telecommunication Facility—Tower	—	—	—	—	—	SUP	—	PS
Transportation	3.12.3	Aviation Facilities	—	—	—	—	—	—	—	SUP
		Parking Lot	SUP	PS	PS	PS	PS	PS	PS	PS
		Passenger Vehicle Terminals	—	—	P	P	P	P	—	P
*Accessory*
Residential Accessory	3.13.1	All residential accessory uses, except as listed below	PS	PS	PS	PS	PS	PS	PS	PS
		Day Care Home	PS	PS	PS	PS	PS	PS	PS	—
		Dwelling—Accessory Unit (ADU)	PS	PS	PS	PS	PS	PS	PS	—
		Home Occupation	PS	PS	PS	PS	PS	PS	PS	—
		Keeping Bees	PS	PS	PS	PS	PS	PS	PS	PS
		Keeping Domestic Fowl (Chickens)	PS	PS	PS	PS	PS	PS	PS	PS
		Swimming Pool or Pond	PS	PS	PS	PS	PS	PS	PS	—
Non-Residential Accessory	3.13.2	All non-residential accessory uses, except as listed below	—	PS	PS	PS	PS	PS	PS	PS
		Accessory Retail	—	—	PS	PS	PS	PS	PS	PS
		Drive-Thrus	—	—	SUP	SUP	—	PS	—	—
		Mobile Food Vendor Site	—	SUP	PS	PS	PS	PS	PS	PS
		Recycling - Small Collection	—	—	—	—	—	SUP	SUP	P
		Rooftop Amenity Space	—	—	SUP	PS	PS	PS	PS	PS
		Taproom / Tasting Room	—	—	SUP	P	P	P	—	P
*Temporary*
Temporary	3.14.1	All temporary uses, except as listed below	PS	PS	PS	PS	PS	PS	PS	PS
		Agricultural / Produce Stand	PS	PS	PS	PS	PS	PS	PS	PS
		Construction Office	PS	PS	PS	PS	PS	PS	PS	PS
		Dwelling—Temporary	PS	PS	PS	PS	PS	PS	PS	PS
		Mobile Classroom	PS	PS	PS	PS	PS	PS	PS	PS
		Mobile Vendor	PS	PS	PS	PS	PS	PS	PS	PS
		One-Day Event	PS	PS	PS	PS	PS	PS	PS	PS
		Outdoor Event	PS	PS	PS	PS	PS	PS	PS	PS
		Outdoor Seasonal Sale	PS	PS	PS	PS	PS	PS	PS	PS
		Outdoor Storage Container	PS	PS	PS	PS	PS	PS	PS	PS
(a) This column refers to the section of this ordinance that contains the use definition and additional standards.

TABLE 2.2-A: LAND USE MATRIX
CATEGORY	SECTION (a)	USE	ZONING DISTRICTS
CATEGORY	SECTION (a)	USE	GR	RMX	NMX	PGX	DMX	CMX	IC	GI
*Residential*
Household Living	3.5.1	Dwelling—Single-Family	P	P	—	—	—	—	P	—
		Dwelling—Duplex	P	P	P	P	—	—	P	—
		Dwelling—Multifamily 3—4 units/bldg.	P	P	P	P	P	P	P	—
		Dwelling—Multifamily more than 4 units/bldg.	—	P	P	P	P	P	P	—
		Dwelling—Townhome	P	P	P	P	P	P	P	—
		Manufactured Home	MHD	MHD	MHD	MHD	MHD	MHD	MHD	—
		Live-Work Units	PS	PS	PS	PS	PS	—	PS	—
		Mixed-Use Residential Unit	—	—	PS	PS	PS	PS	PS	—
Group Living	3.5.2	Family Care Home	P	P	P	P	P	P	P	—
		Housing Services for the Elderly	SUP	P	P	P	P	P	P	—
		Rooming or Boarding House	P	P	P	—	P	P	P	—
Social Services	3.5.3	Group Care Facility	P	P	P	—	P	P	P	—
Social Services	3.5.3	Shelter	SUP	P	P	—	P	P	P	—
*Lodging*
Overnight Accommodations	3.6.1	All overnight accommodations, except as listed below	—	—	—	P	P	P	P	—
		Bed and Breakfast	PS	PS	PS	PS	PS	PS	PS	—
		Short-Term Rental (STR)	—	PS	PS	PS	PS	PS	PS	—
Camping	3.6.2	Campground/Recreational Vehicle Park	SUP	SUP	SUP	SUP	—	—	SUP	—
		Rental Cottage/Cabins	PS	PS	PS	PS	—	—	—	—
		Seasonal Camp	PS	—	—	PS	—	—	PS	—
*Commercial*
Eating and Drinking Establishments	3.7.1	All restaurants and other eating and drinking establishments except as listed below	—	—	P	P	P	P	P	—
Eating and Drinking Establishments	3.7.1	Bar/Night Club	—	—	PS	PS	P	P	—	—
Personal Services	3.7.2	All personal services, except as listed below	—	P	P	P	P	P	P	—
Personal Services	3.7.2	Day Care Center	PS	PS	PS	PS	PS	PS	PS	PS
Professional Services	3.7.3	All professional services, except as listed below	SUP	P	P	P	P	P	P	P
		Adult Establishment	—	—	—	—	—	—	—	SUP
		Banks, Credit Unions, Financial Services, and ATMs	—	—	P	P	P	P	P	P
		Funeral Homes and Services	—	—	P	—	P	P	P	—
		Human Crematories and Crematoriums	—	—	PS	—	PS	PS	PS	PS
		Indoor Animal Services	—	—	P	P	P	P	P	P
		Kennels and Outdoor Animal Services	—	—	SUP	—	—	PS	—	PS
		Landscaping and Contractor Services	SUP	SUP	SUP	—	—	—	—	P
		Vehicle Services—Major Repair/Body Work	—	—	—	—	—	PS	—	PS
		Vehicle Services—Minor Maintenance/Repair	—	—	SUP	—	SUP	PS	PS	PS
Retail	3.7.4	All retail and sales establishments except as listed below	—	—	P	P	P	P	P	—
		Alcoholic Beverage Sales Store	—	—	SUP	P	P	P	—	—
		Auto/Mechanical Parts Sales	—	—	—	P	P	P	—	P
		Flea market	—	SUP	SUP	SUP	SUP	SUP	—	—
		Gas Station	—	—	SUP	PS	SUP	PS	—	PS
		Gunsmiths and Weapon Sales	—	—	SUP	SUP	PS	PS	—	PS
*Civic/Institutional*
Educational	3.8.1	All educational uses except as listed below	SUP	P	P	P	P	P	P	—
		Colleges/Universities	—	—	SUP	SUP	P	P	P	—
		Schools—Vocational/Technical	—	SUP	P	P	P	P	P	P
Government	3.8.2	All government uses, except as listed below	—	P	P	P	P	P	P	P
		Correctional Facilities	—	—	SUP	—	SUP	P	P	P
		Public Safety Station	SUP	SUP	P	P	P	P	P	P
Medical	3.8.3	All medical offices and facilities except as listed below	—	P	P	P	P	P	P	—
Medical	3.8.3	Hospital	—	—	—	—	—	P	P	—
Places of Worship	3.8.4	All religious institutions or places of worship	SUP	P	P	—	P	P	P	—
Places of Worship	3.8.4	Cemeteries	PS	PS	PS	—	PS	PS	PS	—
*Entertainment/Recreation*
Indoor Recreation	3.9.1	All indoor recreation facilities, except as listed below	SUP	P	P	P	P	P	P	P
		Cultural or Community Facility	SUP	P	P	P	P	P	P	—
		Indoor Amusements	—	—	SUP	P	P	P	SUP	P
		Indoor Firing Range	—	—	—	SUP	—	SUP	SUP	SUP
		Live Performance Theater	—	SUP	SUP	P	P	P	P	—
		Movie Theater	—	—	—	P	P	P	—	—
		Special Event Venue	SUP	SUP	PS	PS	PS	PS	PS	—
		Studios, Galleries and Workshops - High Impact	—	—	SUP	SUP	SUP	P	P	P
		Studios, Galleries and Workshops - Low Impact	—	P	P	P	P	P	P	—
Outdoor Recreation	3.9.2	All outdoor recreation facilities, except as listed below	SUP	P	P	P	P	P	P	P
		Non-Residential Swimming Pool or Pond	—	SUP	SUP	SUP	PS	PS	PS	—
		Outdoor Amusements	—	—	SUP	P	SUP	P	—	P
		Outdoor Firing Range	—	—	—	—	—	—	—	SUP
		Parks, Open Space, and Greenways	P	P	P	P	P	P	P	P
*Agriculture*
Agriculture	3.10.1	All agricultural uses	PS	—	—	—	—	PS	PS	PS
*Manufacturing/Wholesale/Storage*
Light Industrial and Manufacturing	3.11.1	All light industrial and manufacturing activities, except as listed below	—	—	—	—	—	SUP	—	P
		Brewery, Distillery, Winery, Cidery - High Impact	—	—	—	SUP	—	P	—	P
		Brewery, Distillery, Winery, Cidery - Low Impact	—	—	SUP	PS	PS	PS	—	PS
		Laboratory	—	—	—	—	—	P	P	P
		Laundry, Dry Cleaning Plant	—	—	—	—	—	SUP	P	P
		Manufacturing Research and Development	—	—	—	P	—	P	P	P
		Media Production	—	—	P	P	P	P	P	P
Heavy Manufacturing	3.11.2	All heavy manufacturing activities, except as listed below	—	—	—	—	—	—	—	SUP
Heavy Manufacturing	3.11.2	Metal Products Fabrication, Machine or Welding Shop	—	—	SUP	SUP	SUP	P	—	P
Storage and Disposal	3.11.3	All storage and disposal uses, except as listed below	—	—	—	—	—	SUP	—	P
		Chemical Storage Facility	—	—	—	—	—	—	—	P
		Solid Waste Disposal Facilities	—	—	—	—	—	—	—	PS
		Junkyard / Salvage Yard	—	—	—	—	—	—	—	SUP
Wholesaling and Distribution	3.11.4	All wholesaling and distribution activities, except as listed below	—	—	—	—	—	P	—	P
		Equipment Rental	—	—	—	—	—	P	—	P
		Indoor Vehicle/Heavy Equipment Sales	—	—	PS	—	PS	PS	—	PS
		Outdoor Vehicle/Heavy Equipment Sales	—	—	—	—	—	PS	—	PS
Extractive Industries	3.11.5	All extractive industries, except as listed below	—	—	—	—	—	—	—	P
Extractive Industries	3.11.5	Extractive industries involving blasting	—	—	—	—	—	—	—	SUP
*Infrastructure*
Utilities	3.12.1	Utilities—Class 1	P	P	P	P	P	P	P	P
		Utilities—Class 2	P	P	P	P	P	P	P	P
		Utilities—Class 3	—	—	—	—	—	—	—	P
Telecommunications	3.12.2	All wireless telecommunication facilities, except as listed below	PS	PS	PS	PS	PS	PS	PS	PS
Telecommunications	3.12.2	Wireless Telecommunication Facility—Tower	—	—	—	—	—	SUP	—	PS
Transportation	3.12.3	Aviation Facilities	—	—	—	—	—	—	—	SUP
		Parking Lot	SUP	PS	PS	PS	PS	PS	PS	PS
		Passenger Vehicle Terminals	—	—	P	P	P	P	—	P
*Accessory*
Residential Accessory	3.13.1	All residential accessory uses, except as listed below	PS	PS	PS	PS	PS	PS	PS	PS
		Day Care Home	PS	PS	PS	PS	PS	PS	PS	—
		Dwelling—Accessory Unit (ADU)	PS	PS	PS	PS	PS	PS	PS	—
		Home Occupation	PS	PS	PS	PS	PS	PS	PS	—
		Keeping Bees	PS	PS	PS	PS	PS	PS	PS	PS
		Keeping Domestic Fowl (Chickens)	PS	PS	PS	PS	PS	PS	PS	PS
		Swimming Pool or Pond	PS	PS	PS	PS	PS	PS	PS	—
Non-Residential Accessory	3.13.2	All non-residential accessory uses, except as listed below	—	PS	PS	PS	PS	PS	PS	PS
		Accessory Retail	—	—	PS	PS	PS	PS	PS	PS
		Drive-Thrus	—	—	SUP	SUP	—	PS	—	—
		Mobile Food Vendor Site	—	SUP	PS	PS	PS	PS	PS	PS
		Recycling - Small Collection	—	—	—	—	—	SUP	SUP	P
		Rooftop Amenity Space	—	—	SUP	PS	PS	PS	PS	PS
		Taproom / Tasting Room	—	—	SUP	P	P	P	—	P
*Temporary*
Temporary	3.14.1	All temporary uses, except as listed below	PS	PS	PS	PS	PS	PS	PS	PS
		Agricultural / Produce Stand	PS	PS	PS	PS	PS	PS	PS	PS
		Construction Office	PS	PS	PS	PS	PS	PS	PS	PS
		Dwelling—Temporary	PS	PS	PS	PS	PS	PS	PS	PS
		Mobile Classroom	PS	PS	PS	PS	PS	PS	PS	PS
		Mobile Vendor	PS	PS	PS	PS	PS	PS	PS	PS
		One-Day Event	PS	PS	PS	PS	PS	PS	PS	PS
		Outdoor Event	PS	PS	PS	PS	PS	PS	PS	PS
		Outdoor Seasonal Sale	PS	PS	PS	PS	PS	PS	PS	PS
		Outdoor Storage Container	PS	PS	PS	PS	PS	PS	PS	PS
(a) This column refers to the section of this ordinance that contains the use definition and additional standards.

Effective on: 12/15/2025

2.3. Principal structures.

No development shall contain more than one principal building per lot, unless:

1.
As part of an approved group development;
2.
As part of a conditional zoning district;
3.
As part of an approved special use permit; or
4.
As part of a pre-existing nonconforming use.

For separate lots within a zero-lot line development, such as those for some types of townhomes and mixed-use buildings, the individual units will be considered a primary structure for each lot.

The maximum ground floor area for principal structures varies by zoning district and shall be measured in accordance with the following table.

TABLE 2.3-A: GROUND FLOOR AREA
District	Maximum Ground Floor Area of Each Principal Structure
GR4	10,000 sq. ft.
GR8	8,000 sq. ft.
RMX - Single-family home and duplex	8,000 sq. ft.
RMX - Multi-family and nonresidential	25,000 sq. ft.
NMX	30,000 sq. ft.
PGX	40,000 sq. ft.
DMX	25,000 sq. ft.
CMX	75,000 sq. ft.
IC	100,000 sq. ft.
GI	100,000 sq. ft.
Note: Projects of developments that do not meet the above standards apply for conditional zoning in accordance with Section 2.1.C.

TABLE 2.3-A: GROUND FLOOR AREA
District	Maximum Ground Floor Area of Each Principal Structure
GR4	10,000 sq. ft.
GR8	8,000 sq. ft.
RMX - Single-family home and duplex	8,000 sq. ft.
RMX - Multi-family and nonresidential	25,000 sq. ft.
NMX	30,000 sq. ft.
PGX	40,000 sq. ft.
DMX	25,000 sq. ft.
CMX	75,000 sq. ft.
IC	100,000 sq. ft.
GI	100,000 sq. ft.
Note: Projects of developments that do not meet the above standards apply for conditional zoning in accordance with Section 2.1.C.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-43, § 1(Exh. A), 11-18-24; Ord. No. 2025-04, § 1(Exh. A), 1-21-25)

Effective on: 1/21/2025

2.5. Accessory structures.

1.
Structures larger than 25% of the ground floor area of the principal structure are considered additional principal structures and shall be considered as a group development.
2.
Accessory structures utilized for agricultural purposes in association with agricultural primary uses may be permitted in the absence of a principal structure.
3.
Garden sheds may be permitted in the absence of a principal structure subject to the following requirements:
1. a.
  Garden sheds shall be no larger than 120 square feet in size;
2. b.
  Garden sheds shall be single-story;
3. c.
  Garden shed shall not be connected to water, sewer, or electricity; and
4. d.
  Garden sheds shall be utilized only for the storage of lawn equipment, garden utensils, and other implements necessary for the maintenance of gardens and grounds.

Dimensional requirements.

1.
Accessory structures shall meet the yard and setback requirements of Section 2.7.
2.
Accessory structures shall not exceed two stories in height.

Accessory structures on lots with single-family dwellings and duplexes.

1.
Maximum number permitted. No more than two accessory structures shall be permitted per lot. Beehives and chicken coops shall not count toward the maximum number of accessory structures on a lot.
2.
Accessory structures shall be located only in the side or rear yards, except for gazebos, private garages, and carports. Such structures shall comply with the front yard setbacks for primary structures in Section 2.7.2. The administrator shall make a determination as to the side or rear yard for accessory structures proposed to be located on lots fronting more than one street.
3.
Under no circumstances shall the use of a shipping container be permitted for the purpose of providing permanent storage as an accessory use.

Accessory structures on lots with non-residential uses, multi-family uses, and group developments.

1.
Maximum number permitted. No more than two accessory structures shall be permitted per lot, except in General Industrial (GI). In all other zoning districts, additional structures shall be considered as principal structures in a group development.
2.
Accessory structures shall be located only in side or rear yards except for bona-fide agricultural enterprises.
3.
Accessory structures shall comply with the applicable landscaping requirements of CHAPTER 8 of this ordinance.
4.
Accessory structures shall comply with the architectural standards of Section 5.7.14 and all other applicable sections of CHAPTER 5.

Exempt structures.

1.
Structures including but not limited to mailboxes, newspaper boxes, birdhouses, flagpoles, pump covers, garden boxes and planters, doghouses, and any other similar small or ornamental structures shall not be considered principal or accessory structures and shall not require a permit.

Effective on: 11/3/2025

2.8. Fences and walls.

1.
In the General Industrial district, and public safety and other critical facilities. Fences or walls shall be no greater than six feet in height in the front yard(s) and no greater than eight feet in height in the side and rear yards.
2.
All other districts and uses. Fences or walls shall be no greater than four feet in height in the front yard(s) and no more than eight feet in the side and rear yards.
3.
No closed fence or wall shall be greater than two-and-a-half feet in height when placed within the sight triangle of any intersection as specified in Section 9.5 of this ordinance. Open fences are exempt from this provision.

Fence and wall materials shall conform to the following requirements:

1.
 GR and RMX districts:
1. a.
  All fences and walls must be of brick, stone, stucco, wrought iron, wood, or other materials similar in appearance and durability, except that chain link or woven wire may be used in the side and rear yards.
2. b.
  All other wire fences, including barbed wire or concertina wire, are prohibited.
3. c.
  Nothing in this chapter shall prevent the administrator from approving architecturally variant uses of material to allow creative fence design, such as the contemporary look of heavy-gauged welded wire panels framed in timber.
4. d.
  The use of plastic plumbing pipe is a prohibited fence material.
2.
CMX, DMX, PGX, NMX, and IC districts:
1. a.
  All fences and walls must be of brick, stone, stucco, wrought iron, wood, or other materials similar in appearance and durability.
2. b.
  Chain link wire fences may be used as secure enclosures internal to the property or site subject to the following requirements:
  1. i.
    Chain link fences shall not be visible from a public right-of-way,
  2. ii.
    Chain link fences shall not serve as a perimeter fence or property line fence unless buffered by a type A buffer yard on all sides, and then only in the side or rear yard behind the front building line.
3. c.
  All other wire fences, including barbed wire or concertina wire, are prohibited.
4. d.
  All walls and fences shall be materially similar to other walls and fences in the same block or general vicinity.
3.
General Industrial districts, public safety facilities, and other critical facilities:
1. a.
  All fences and walls must be of brick, stone, stucco, wrought iron, wood, or other materials similar in appearance and durability, and shall be materially similar to other walls and fences on the same block or general vicinity.
2. b.
  Vinyl coated, chain link fencing may be approved by the administrator as perimeter fencing with additional filtering through openings using opaque or semi opaque slats or screening or by installing a type A landscaping buffer between incompatible uses, between different zoning districts or where visible from a public street.
4.
Barbed wire: Barbed wire may be permitted within agricultural operations with livestock and any bona-fide agricultural operations within any zoning district.

Retaining walls shall also conform to the following requirements:

1.
Retaining walls should minimize the impacts of cut and fill on a site.
2.
The height of any retaining wall should not exceed five feet unless required to be higher for engineering reasons.
1. a.
  An increase in retaining wall height may be allowed if the proposed design minimizes the cut and fill impacts and enhances the existing landscape.
3.
In areas where cuts are steeper, a stepped or terraced wall should be used. Large, unbroken retaining walls in a uniform plane should be avoided.

Effective on: 8/4/2025

2.1.1. Base districts.

(Ord. No. 15-08, §§ 1, 2, 12-5-08; Ord. No. 20-09, § 4(Exh. B(2)), 9-21-09; Ord. No. 2015-32, § 01, 11-16-15; Ord. No. 2020-23 , § 1(Exh. A), 10-19-20; Ord. No. 2021-16 , § 1(Exh. A), 4-19-21)

Effective on: 1/1/1901

2.1.2. Establishment of base districts and purpose statements.

This ordinance establishes the following base districts for use as zoning categories

1.
General Residential (GR4 and GR8). The General Residential District is intended for the city's existing predominately-residential neighborhoods as well as provide for new primarily-residential development in accordance with this pattern. These districts are differentiated only by the density of the overall development relative to the planning goals of the city as set forth in the Comprehensive Land Use Plan.
2.
Residential Mixed-Use (RMX). The Residential Mixed-Use District is intended to provide for areas of higher density residential development in close proximity (within ½—¼ mile) to existing and planned commercial centers such as the Downtown Mixed-Use District. The intent is to create higher density residential areas that compliment commercial districts with physical proximity and pedestrian connectivity. Different housing types and lot styles are encouraged.
3.
Neighborhood Mixed-Use (NMX). The Neighborhood Mixed-Use District is coded to provide pedestrian-scaled, higher density residential homes and opportunities for limited scale commercial activities along existing mixed-use corridors, in areas of transition, and at the functional center of new neighborhoods. Development in this district should encourage pedestrian activity through construction of mixed-use buildings and connections to adjacent neighborhoods. Buildings in this district are typically small and detached.
4.
Pisgah Gateway Mixed-Use (PGX). The Pisgah Gateway Mixed-Use District is intended to provide pedestrian-scaled development supporting a mix of land uses that are compatible with the district’s location at the main entrance of Pisgah National Forest. Land uses should be primarily non-residential, though some higher-density residential uses may be appropriate. Development in this district should harmonize the urban form with the surrounding natural environment through construction of mixed-use buildings, multi-modal connectivity, context-sensitive architectural design, and natural materials and colors.
5.
Downtown Mixed-Use (DMX). The Downtown Mixed-Use District is coded for the traditional downtown area. Individual buildings are encouraged to be multi-story with uses mixed vertically, street level commercial and upper level office and residential. Higher densities of residential development are encouraged. It is the purpose of these regulations to encourage vitality by excluding certain activities which have a negative effect on the public realm through auto-dominated or non-pedestrian oriented design or uses.
6.
Corridor Mixed-Use (CMX). The Corridor Mixed-Use District is coded to facilitate convenient access, minimize traffic congestion, and reduce the visual impact of auto-oriented uses along the city's major thoroughfares. In addition, this district is established to assure the continuation of the natural beauty and green appearance of the major thoroughfares leading into the city, for enhancement of the appearance of newly developed and redeveloped properties, and for the promotion of public safety by limiting the number and location of access points.
7.
Institutional Campus (IC). The Institutional Campus District is coded to allow for the continued and future use, expansion, and new development of academic and religious campuses, as well as government and health-care facilities. Unlike regular buildings which are oriented towards public streets, campus buildings are introverted towards spaces within the campus such as quadrangles.
8.
General Industrial (GI). This district is primarily for general industrial land uses and a broader variety of operations, including manufacturing, processing, and assembling of parts and products and distribution of products at wholesale or retail. The standards established for general industrial areas are designed to promote sound permanent industrial development.

Effective on: 1/21/2025

2.1.3. Establishment of conditional zoning districts.

1.
Institutional Campus Conditional Zoning District (IC CD).
2.
General Industrial Conditional Zoning District (GI CD).
3.
Downtown Mixed-Use Conditional Zoning District (DMX CD).
4.
Corridor Mixed-Use Conditional Zoning District (CMX CD).
5.
Pisgah Gateway Mixed-Use Conditional Zoning District (PGX CD).
6.
Neighborhood Mixed-Use Conditional Zoning District (NMX CD).
7.
Residential Mixed-Use Conditional Zoning District (RMX CD).
8.
General Residential Conditional Zoning District (GR CD).

1.
Reducing or eliminating the inflexibility that sometimes results from strict application of zoning and development standards that were designed primarily for individual lots;
2.
Allowing greater freedom in selecting the means to provide access, light, open space, and design amenities;
3.
Allowing greater freedom in providing a mix of land uses in the same development, including a mix of housing types, housing prices, lot sizes, densities, and non-residential uses in a conditional zoning district;
4.
Promoting quality urban design and environmentally sensitive development by allowing development to take advantage of special site characteristics, locations, and land uses; and
5.
Encouraging quality urban design and environmentally sensitive development by allowing increases in base densities when such increases can be justified by superior design or the provision of additional amenities such as public and/or private open space.

General use and development standards for Conditional Zoning Districts.

1.
Uses allowed. A development may contain only those uses specified in the ordinance creating the conditional zoning district. Such uses may include any of the uses indicated in the use matrix contained in Section 2.2.C, provided such uses are consistent with the Comprehensive Land Use Plan.
2.
Mixed-uses encouraged.
1. a.
  Mixed-use developments are strongly encouraged in conditional zoning districts, including the mixing of principal residential uses with principal non-residential uses. Mixed-use development may occur by having two or more principal uses located in the same building (e.g., retail on ground floor, office space above) or by having two or more principal uses located in different buildings sited on the same lot or parcel (e.g., freestanding child day care center located on the same parcel as an office building).
2. b.
  Developments containing both residential and non-residential uses shall be designed, located, and oriented on the site so that non-residential uses are directly accessible to residents of the development. For the purposes of this section, "directly accessible" shall mean pedestrian and vehicular access by way of improved sidewalks or paths and streets that do not involve leaving the planned development or using a major thoroughfare. "Directly accessible" does not necessarily mean that non-residential uses need to be located in a particular location, but that the siting of such uses considers the accessibility of the residential component of the development to the non-residential use.
3.
Unless the ordinance creating a conditional zoning district specifies otherwise, conditional zoning districts which contain residential uses shall incorporate the following design principles:
1. a.
  All neighborhoods shall have identifiable centers and edges.
2. b.
  Edge lots shall be readily accessible to retail and/or recreation by non-vehicular means (a distance not greater than ¼—½ mile).
3. c.
  Uses shall be mixed and in close proximity to one another.
4. d.
  Street networks shall be interconnected and blocks small.
5. e.
  Sidewalks and other pedestrian infrastructure shall be interconnected and comprehensive.
6. f.
  The entire land area of the development shall be divided into blocks, streets, lots and open space areas.
7. g.
  Similar land categories shall generally front across streets. Dissimilar categories should abut at rear lot lines. Corner lots which front on streets of dissimilar use should be set back the same as the adjacent use with the lesser setback.
8. h.
  Open space shall be centrally located so that it is within walking distance (¼—½ mile) from all locations within the conditional zoning district. All required open space shall be in accordance with the provisions of CHAPTER 7.
9. i.
  Dimensional standards shall be established in accordance with neighborhood design but shall be generally consistent with those found in the RMX, NMX and DMX Districts.

(Ord. No. 15-08, §§ 1, 2, 12-5-08; Ord. No. 20-09, § 4(Exh. B(2)), 9-21-09; Ord. No. 2015-32, § 01, 11-16-15; Ord. No. 2020-23 , § 1(Exh. A), 10-19-20; Ord. No. 2021-16 , § 1(Exh. A), 4-19-21; Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-43, § 1(Exh. A), 11-18-24; Ord. No. 2025-04, § 1(Exh. A), 1-21-25)

Effective on: 1/21/2025

2.1.4. Overlay districts.

A.
Manufactured Home Overlay District (MHD). The purpose of the MHD is to allow for the continued placement of manufactured homes "by right" in areas where manufactured housing is a historical housing form.
B.
Highway 64 Corridor Sign Overlay District. The purpose of the Highway 64 Corridor Sign Overlay District is to provide standard signage requirements for the commercial corridor along the Asheville and Rosman Highway commercial corridors of US Highway 64.
C.
Downtown Development Overlay District. The purpose of the Downtown Development Overlay District is to ensure that new development in the core of downtown is consistent with the community's character and promotes a human-scaled, pedestrian-friendly environment.

Effective on: 6/3/2024

2.4.1. General group development requirements.

Applicability:

1.
Group development review is applicable to any land development subject to a site plan that includes 2 or more principal buildings on a single parcel (or grouping thereof) for the purpose of development (whether immediate or in the future).
2.
Other individual structures designed to accommodate a variety of distinct uses may be considered as a group development at the discretion of the administrator.

Group development matrix: The following matrix sets forth the manner by which certain types of group developments may be permitted within the various districts.

1.
"P" denotes those group development types that are permitted "by right."
2.
"—" denotes those group development types that are not permitted within the given district.
3.
"PS" denotes those group development types that are permitted with additional standards, which are set forth herein.
4.
"MHD" denotes those group development types that are permitted within a Manufactured Housing Overlay District.

TABLE 2.4.1-A: GROUP DEVELOPMENT TYPOLOGY MATRIX
CATEGORY	GROUP DEVELOPMENT	ZONING DISTRICTS
CATEGORY	GROUP DEVELOPMENT	GR	RMX	NMX	PGX	DMX	CMX	IC	GI
Residential	All residential group developments, except as listed below	PS	PS	PS	PS	PS	PS	PS	—
	Cluster Home Development	PS	PS	PS	PS	—	—		—
	Neighborhood Development	PS	PS	—	—	—	—	—	—
	Manufactured Home Park	MHD	MHD	MHD	MHD	MHD	MHD	MHD	MHD
Non-Residential	All non-residential or mixed-use group developments, except as listed below	—	PS	PS	PS	PS	PS	PS	PS
Non-Residential	Shopping Centers	—	—	PS	PS	PS	PS	—	—

TABLE 2.4.1-A: GROUP DEVELOPMENT TYPOLOGY MATRIX
CATEGORY	GROUP DEVELOPMENT	ZONING DISTRICTS
CATEGORY	GROUP DEVELOPMENT	GR	RMX	NMX	PGX	DMX	CMX	IC	GI
Residential	All residential group developments, except as listed below	PS	PS	PS	PS	PS	PS	PS	—
	Cluster Home Development	PS	PS	PS	PS	—	—		—
	Neighborhood Development	PS	PS	—	—	—	—	—	—
	Manufactured Home Park	MHD	MHD	MHD	MHD	MHD	MHD	MHD	MHD
Non-Residential	All non-residential or mixed-use group developments, except as listed below	—	PS	PS	PS	PS	PS	PS	PS
Non-Residential	Shopping Centers	—	—	PS	PS	PS	PS	—	—

C.
Submittal requirements:
1. 1.
  Each application for a group development shall be accompanied by development plans as required by CHAPTER 17 that show compliance with all applicable regulations, including but not limited to landscaping, parking, stormwater management, and infrastructure improvements
D.
Use limitations:
1. 1.
  Unless otherwise provided by this section for a specific type, group developments must comply with the use matrix. No other uses may be permitted.
2. 2.
  The following uses are not permitted in group developments, unless explicitly allowed by this section:
  1. a.
    Dwelling - Single-family
  2. b.
    Dwelling - Duplex
  3. c.
    Manufactured Home
E.
Connectivity and circulation:
1. 1.
  The group development shall accommodate safe, efficient, and convenient vehicular, pedestrian, and bicycle circulation throughout the development, as outlined in CHAPTER 9.
2. 2.
  All principal structures within a group development shall be connected by a sidewalk.
F.
Street access:
1. 1.
  Any building established as a part of a group development project, which cannot properly be served by emergency or service vehicles from an existing abutting street, shall be made accessible to such vehicles by a publicly-accessible road.
  1. a.
    Typically, a building cannot be properly served if it is not within 500 feet of a fire hydrant, 150 feet from a publicly accessible road, or otherwise deemed unacceptable by the Technical Review Committee. Exceptions and/or alternatives to these minimum requirements may be considered by the Technical Review Committee.
2. 2.
  All interior roads shall be paved to City standards with a minimum width of 20 feet and adequately maintained for emergency or service vehicle access.
G.
Building separation:
1. 1.
  All buildings established as part of a group development project shall be separated in accordance with North Carolina Building Code separation requirements.
H.
Parking:
1. 1.
  The location of off-street parking may be permitted between a principal structure and the street within a group development. In such instances, no more than 40% of the street frontage, minus any required setback distances, shall be occupied by parking areas. Additional buffers and landscaping may be required to obscure parking adjacent to the street.

FIGURE 2.4.1-A: ILLUSTRATIVE DIAGRAMS OF PARKING LOCATIONS IN A GROUP DEVELOPMENT

FIGURE 2.4.1-A: ILLUSTRATIVE DIAGRAMS OF PARKING LOCATIONS IN A GROUP DEVELOPMENT

I.
Setbacks:
1. 1.
  Unless otherwise provided by this section, each group development project shall comply with the setback requirements established for the zoning districts in Section 2.7.
J.
Ownership:
1. 1.
  When a group development is designed with individual lots with shared stewardship of the common areas, the following additional standards shall be met:
  1. a.
    Covenants of shared stewardship shall be recorded in the Transylvania County Register of Deeds and such contractual rights and obligations shall be established prior to final zoning inspection approval.
2. 2.
  When a group development is designed as a multi-dwelling, multi-tenant or mixed-use development under single ownership, subject to the use limitations herein, the following additional standards shall be met:
  1. a.
    If at any point in the future the owner intends to transfer individual lots into separate ownership, a plat meeting all requirements of this ordinance shall be submitted to Planning staff for review and approval. Covenants of shared stewardship shall be recorded in the Transylvania County Register of Deeds and such contractual rights and obligations shall be established prior to final plat approval.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-43, § 1(Exh. A), 11-18-24; Ord. No. 2025-04, § 1(Exh. A), 1-21-25)

Effective on: 1/21/2025

2.4.2. Cluster home development.

Applicability:

1.
Cluster home development may take one of the following forms:
1. a.
  A development may be designed with individual lots with shared stewardship of the common areas.
2. b.
  A development may be designed as a multi-dwelling development, subject to the use limitations below.
2.
Cluster home development shall comply with the group development standards established herein and the following standards.

Use Limitations:

1.
The following housing types are permitted in a cluster home development:
1. a.
  Dwelling - Single-family
2. b.
  Dwelling - Duplex
3. c.
  Dwelling – Multifamily 3-4 units/building
4. d.
  Dwelling – Townhome
2.
Accessory dwelling units are prohibited within a cluster home development.

Density and buildings:

1.
The maximum allowable density of a cluster home development shall be equal to 50% greater than the underlying base zoning district.
2.
Cluster home developments shall have a minimum of three detached residential buildings.
3.
All principal buildings within the cluster home development shall front on a street or a common open space.
4.
Each principal building within the cluster home development is permitted one accessory structure less than 120 SF.
5.
A maximum of two accessory structures shall be allowed within a cluster home development project for shared use. This includes any shared community buildings, storage sheds, etc. The maximum ground floor area for accessory structures shall not exceed 50% of the aggregate ground floor area of the principal structures. Gazebos and other structures that are amenities within the common areas are exempt.

Setbacks:

1.
Individual lots or building sites within the cluster home development are exempt from the base zoning district setback requirements. However, the base zoning district setbacks apply to the cluster home development parcel.
2.
Dwelling units oriented towards a common open space area shall provide a six feet minimum setback from the common area. Such setback does not count toward any required common area.

Common open space: Common open space areas shall meet the following standards:

1.
The common open space shall include a central green, lawn or garden areas, playground, plaza, or other greenspace / feature as a central focal point.
2.
The minimum size of the common open space area is 3,000 square feet or 500 square feet per dwelling unit, whichever is greater. This requirement shall replace any open space required in accordance with CHAPTER 7.
3.
The common open space area shall maintain a minimum width of 30 feet, shall be contiguous and centrally located, and shall front on a public street.
4.
A maximum of 30% of the common open space may be hardscape.

Parking: In addition to the parking standards in CHAPTER 10, parking for a cluster home development shall meet the following standards:

1.
Required off-street parking may be provided on individual development sites within the cluster home development or in a shared parking area serving multiple dwellings on site.
2.
Parking shall not be located:
1. a.
  between principal structures,
2. b.
  between principal structures and the street,
3. c.
  between principal structures and the required common area, or
4. d.
  within any required common area.

FIGURE 2.4.2-A: ILLUSTRATIVE DIAGRAM OF CLUSTER HOME DEVELOPMENT

FIGURE 2.4.2-A: ILLUSTRATIVE DIAGRAM OF CLUSTER HOME DEVELOPMENT

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

Effective on: 6/3/2024

2.4.3. Neighborhood development.

Applicability:

1.
Neighborhood development standards shall apply to a predominately residential group development designed as individual lots with shared stewardship of common areas and infrastructure.
2.
These standards shall apply to any project with 8 or more lots and/or shared infrastructure.
3.
Neighborhood development shall comply with the group development standards established herein and the following standards.

Use limitations:

1.
Neighborhood development shall be predominately residential, subject to the use matrix in Section 2.2.

Street access:

1.
All lots intended for development are required to front on a road in accordance with the lot requirements of Section 4.2.
2.
Roads and driveways shall meet the requirements of CHAPTER 13. If the roads are to be dedicated to the City of Brevard for maintenance, they shall be built in compliance with public road standards.

Density and buildings:

1.
The maximum allowable density of a neighborhood development shall be equal to the underlying base zoning district.

Setbacks:

1.
All lots established as part of a neighborhood development shall comply with the setback requirements of the base zoning district.

Parking: In addition to the parking standards in CHAPTER 10, parking for a neighborhood development shall meet the following standards:

1.
Required off-street parking may be provided on individual development sites within the neighborhood development or in a shared parking area serving multiple dwellings on site.

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

Effective on: 6/3/2024

2.4.4. Manufactured home park.

Applicability:

1.
Manufactured home park standards shall apply to 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.
2.
Manufactured home park may take one of the following forms:
1. a.
  A development may be designed with individual lots with shared stewardship of the common areas.
2. b.
  A development may be designed as a multi-dwelling development, subject to the use limitations below.
3.
Manufactured home parks shall comply with the group development standards established herein and the following standards.

Use limitations:

1.
The following housing types are permitted in a manufactured home park:
1. a.
  Manufactured home.
2.
Accessory dwelling units are prohibited within a manufactured home park.

Density and buildings:

1.
The maximum allowable density of a manufactured home park shall be equal to 50% greater than the underlying base zoning district.
2.
All principal buildings within the manufactured home park shall front on a street or interior road.
3.
Each principal building within the manufactured home park is permitted one accessory structure less than 120 SF.
4.
A maximum of two accessory structures shall be allowed within a manufactured home park for shared use. This includes any shared community buildings, storage sheds, etc. The maximum ground floor area for accessory structures shall not exceed 50% of the aggregate ground floor area of the principal structures. Gazebos and other structures that are amenities within the common areas are exempt.

Setbacks:

1.
Individual lots or manufactured home sites within the manufactured home park group development are exempt from the base zoning district setback requirements. However, the base zoning district setbacks apply to the manufactured home park parcel.

Parking: In addition to the parking standards in CHAPTER 10, parking for a manufactured home park shall meet the following standards:

1.
Required off-street parking may be provided on individual development sites within the manufactured home park or in a shared parking area serving multiple dwellings on site.
2.
Parking shall not be located:
1. a.
  between principal structures,
2. b.
  between principal structures and the street,
3. c.
  between principal structures and the required common area, or
4. d.
  within any required common area.

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

Effective on: 6/3/2024

2.4.5. Shopping centers.

Applicability:

1.
Shopping center regulations shall apply to large-scale non-residential or mixed-use group development with at least 2 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.
2.
Shopping centers may be designed as multi-tenant commercial buildings, zero-lot line development of attached structure(s); as individual parcels with shared stewardship of the common areas; or a combination thereof.
3.
Shopping centers shall comply with the group development standards established herein and the following standards.

Use Limitations:

1.
The shopping center may contain uses permitted by the applicable zoning district.

Setbacks:

1.
Individual lots or building sites within the shopping center group development are exempt from the base zoning district setback requirements. However, the base zoning setbacks apply to the shopping center parcel.

(Ord. No. 2022-76, § 1(Exh. A), 12-5-22; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

2.6.1. Density.

Maximum density of dwelling units. The maximum allowable dwelling unit density varies based on the zoning district.

TABLE 2.6.1-A: MAXIMUM DWELLING UNIT (DU) DENSITY
District	Maximum Density
GR4	4 du/acre
GR8	8 du/acre
RMX	15 du/acre
NMX	25 du/acre
PGX	30 du/acre
DMX	None
CMX	40 du/acre
IC	15 du/acre
GI	DU not permitted
Note: Projects or developments that do not meet the above standards may apply for conditional zoning in accordance with Section 2.1.C.

TABLE 2.6.1-A: MAXIMUM DWELLING UNIT (DU) DENSITY
District	Maximum Density
GR4	4 du/acre
GR8	8 du/acre
RMX	15 du/acre
NMX	25 du/acre
PGX	30 du/acre
DMX	None
CMX	40 du/acre
IC	15 du/acre
GI	DU not permitted
Note: Projects or developments that do not meet the above standards may apply for conditional zoning in accordance with Section 2.1.C.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-43, § 1(Exh. A), 11-18-24; Ord. No. 2025-04, § 1(Exh. A), 1-21-25)

Effective on: 1/21/2025

2.6.2. Building height.

Maximum building height. The maximum building height for a structure varies based on zoning district.

TABLE 2.6.2-A: MAXIMUM BUILDING HEIGHT BY RIGHT
District	Maximum Height by Right
GR4	35 feet
GR8	35 feet
RMX	35 feet
NMX	35 feet
PGX	35 feet
DMX	50 feet
CMX	50 feet
IC	50 feet
GI	50 feet
Note: Projects or development that do not meet the above standards may apply for conditional zoning in accordance with Section 2.1.C.

TABLE 2.6.2-A: MAXIMUM BUILDING HEIGHT BY RIGHT
District	Maximum Height by Right
GR4	35 feet
GR8	35 feet
RMX	35 feet
NMX	35 feet
PGX	35 feet
DMX	50 feet
CMX	50 feet
IC	50 feet
GI	50 feet
Note: Projects or development that do not meet the above standards may apply for conditional zoning in accordance with Section 2.1.C.

B.
Computation of building height.
1. 1.
  "Building height" is measured as the vertical distance above a reference elevation measured to the parapet or roof line of a flat roof, the eave of a pitched roof, or the deck line of a mansard roof. The height of a terraced or stepped building is the maximum height of any segment of the building.
2. 2.
  The reference elevation shall be selected using the greater of either of the following:
  1. a.
    The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of an exterior wall of the building when such sidewalk or ground surface is not more than ten feet above the lowest grade; or,
  2. b.
    An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in subsection B.1, above is more than 10 feet above the lowest grade.

FIGURE 2.6.2-A: BUILDING HEIGHT MEASUREMENT

FIGURE 2.6.2-A: BUILDING HEIGHT MEASUREMENT

1. 3.
  Items not included in calculation: The height limitations of this section shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy, monuments, water towers, observation towers, transmission towers, chimneys, smokestacks, conveyors, flagpoles, masts and antennas; provided evidence from appropriate authorities is submitted to the effect that such building or structure will not interfere with any airport zones or flight patterns.

C.
Maximum story height.
1. 1.
  A building story shall not exceed 14 feet in height from finished floor to finished floor.
2. 2.
  Basements that emerge less than 4 feet from grade or attics not exceeding 4 feet at the knee-wall shall not constitute a story.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-43, § 1(Exh. A), 11-18-24; Ord. No. 2025-04, § 1(Exh. A), 1-21-25; Ord. No. 2025-14, § 1(Exh. A), 4-7-25)

Effective on: 4/7/2025

2.6.3. Project area by right.

Minimum project area. There is no minimum project size required, regardless of zoning district.

Maximum project area. The maximum project size by right varies based on the zoning district.

TABLE 2.6.3-A: MAXIMUM PROJECT AREA BY RIGHT
District	Maximum Project Area by Right
GR4	20 acres
GR8	10 acres
RMX	10 acres
NMX	10 acres
PGX	10 acres
DMX	10 acres
CMX	10 acres
IC	None
GI	None
Note: Projects or development that do not meet the above standards may apply for conditional zoning in accordance with Section 2.1.C.

TABLE 2.6.3-A: MAXIMUM PROJECT AREA BY RIGHT
District	Maximum Project Area by Right
GR4	20 acres
GR8	10 acres
RMX	10 acres
NMX	10 acres
PGX	10 acres
DMX	10 acres
CMX	10 acres
IC	None
GI	None
Note: Projects or development that do not meet the above standards may apply for conditional zoning in accordance with Section 2.1.C.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-43, § 1(Exh. A), 11-18-24; Ord. No. 2025-04, § 1(Exh. A), 1-21-25)

Effective on: 1/21/2025

Editor's Note

2.7.1. General standards for all yards and setbacks.

1.
Landscaping requirements set forth in CHAPTER 8 of this ordinance may supersede setbacks listed herein.
2.
No portion of any structure shall be placed upon any parcel boundary or within any public or private right-of-way or easement, unless otherwise provided for by this ordinance. This provision shall not prohibit zero lot line structures with common walls situated on one or more lot lines.

Types of setbacks:

1.
Front yard setbacks shall apply to the portion of the lot adjacent to the right-of-way. All lots are required to have a front yard.
2.
Rear yard setbacks shall apply to the portion of the lot on the opposite side of the lot from the front yard setback. All lots are required to have a rear yard.
3.
Side yard setbacks shall be the required setback from any property line other than front or rear property lines.

FIGURE 2.7.1-A: ILLUSTRATIVE SETBACK DIAGRAMS

FIGURE 2.7.1-A: ILLUSTRATIVE SETBACK DIAGRAMS

C.
Measurement of setbacks and building lines:
1. 1.
  Required yard setbacks and building lines are measured parallel to the applicable lot line or public right-of-way line.
  a.
  Front yard setbacks and building lines shall be measured from the property line or the edge of the right-of-way, whichever is further from the centerline of the roadway.
  b.
  Side yard and rear yard setbacks and building lines shall be measured from the property line(s).
2. 2.
  When lot lines are curvilinear, setbacks and building lines shall be measured parallel to the curvilinear lot line.

FIGURE 2.7.1-B: SETBACKS FROM CURVILINEAR LOT LINES

FIGURE 2.7.1-B: SETBACKS FROM CURVILINEAR LOT LINES

1. 3.
  When there are multiple rear lot lines, the rear yard setback and building line must be measured from each of the rear lot lines.

FIGURE 2.7.1-C: SETBACKS FROM MULTIPLE REAR LOT LINES

FIGURE 2.7.1-C: SETBACKS FROM MULTIPLE REAR LOT LINES

D.
Administrative decisions for setbacks:
1. 1.
  The administrator may impose additional setbacks based upon specific guidance from the City of Brevard Comprehensive Plan, the City of Brevard Downtown Master Plan and other district or small area/master plans, the City of Brevard Comprehensive Pedestrian Plan, the City of Brevard Street Schedule, or other plans or policies of the city.
  1. a.
    For private streets, a right-of-way in accordance with CHAPTER 13 shall be assumed by the administrator.
  2. b.
    When determining the edge of the right-of-way, the administrator shall account for existing or proposed additional automobile, bicycle, or pedestrian travel lanes, turn lanes, roundabouts, on-street parking, and other improvements that deviate from a standard street cross-section.
2. 2.
  The administrator may approve deviations from required setbacks by up to 20 percent of the required area in accordance with CHAPTER 16 in order to:
  1. a.
    protect existing or proposed rights-of-way and other infrastructure improvements
  2. b.
    ensure environmental protection of sensitive and/or conservation areas, including steep slope areas
  3. c.
    account for surface water protection and/or satisfy flood damage prevention requirements
3. 3.
  For non-conforming lots without street frontage, the administrator shall designate a front yard for the purposes of setback measurement.
4. 4.
  The administrator may grant exceptions to the setback requirements of this ordinance for infill developments where the average setback on already-built-upon lots located wholly or in part within the same block and zoning district, and fronting on the same street as such lot, is less than the minimum required setback. In such cases, the front and side yard setbacks on such lot may be less than the required setback but not less than the average of the existing setbacks on the developed lots.
5. 5.
  The administrator may determine that in established neighborhoods the functional rear yard is not opposite the front yard based on the peculiar shape of the parcel or the development pattern. In these cases, the administrator may determine that another line shall be considered the rear lot line for setback purposes.

(Ord. No. 2023-61, § 1(Exh. A), 12-18-23; Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2025-14, § 1(Exh. A), 4-7-25)

Effective on: 4/7/2025

2.7.2. Setbacks for principal structures.

The minimum setback distance for principal structures varies by zoning district and shall be measured in accordance with this section.

TABLE 2.7.2-A: SETBACKS FOR PRINCIPAL STRUCTURES
District	Front Yard Setback	Rear Yard Setback	Side Yard Setback
GR (4, 8)	15 feet	25 feet	6 feet
RMX	10 feet	25 feet	6 feet
NMX	Edge of right-of-way	10 feet	0 feet / 10 feet from GR & RMX
PGX	15 feet	10 feet	6 feet
DMX	Edge of right-of-way	0 feet	0 feet
CMX	10 feet	10 feet / 25 feet from GR & RMX	0 feet / 10 feet from GR & RMX
IC	10 feet	10 feet / 25 feet from GR & RMX	6 feet / 10 feet from GR & RMX
GI	15 feet	10 feet / 25 feet from GR & RMX	10 feet / 25 feet from GR & RMX
CZD	To be determined by approving authority

TABLE 2.7.2-A: SETBACKS FOR PRINCIPAL STRUCTURES
District	Front Yard Setback	Rear Yard Setback	Side Yard Setback
GR (4, 8)	15 feet	25 feet	6 feet
RMX	10 feet	25 feet	6 feet
NMX	Edge of right-of-way	10 feet	0 feet / 10 feet from GR & RMX
PGX	15 feet	10 feet	6 feet
DMX	Edge of right-of-way	0 feet	0 feet
CMX	10 feet	10 feet / 25 feet from GR & RMX	0 feet / 10 feet from GR & RMX
IC	10 feet	10 feet / 25 feet from GR & RMX	6 feet / 10 feet from GR & RMX
GI	15 feet	10 feet / 25 feet from GR & RMX	10 feet / 25 feet from GR & RMX
CZD	To be determined by approving authority

Effective on: 12/15/2025

2.7.3. Setbacks for accessory structures.

Setbacks for accessory structures vary based on the size of the structure and the zoning district.

TABLE 2.7.3-A: SETBACKS FOR ACCESSORY STRUCTURES
District	Side Yard Setback		Rear Yard Setback
District	< 120 sq. ft.	≥ 120 sq. ft.	< 120 sq. ft.	≥ 120 sq. ft.
GR (4, 8)	3 feet	6 feet	3 feet	10 feet
RMX	0 feet	3 feet	0 feet	3 feet
NMX	0 feet	3 feet	0 feet	3 feet
PGX	0 feet	3 feet	0 feet	3 feet
DMX	0 feet	0 feet	0 feet	0 feet
CMX	0 feet	0 feet	0 feet	0 feet
IC	0 feet/6 feet from GR & RMX	6 feet/10 feet from GR & RMX	0 feet/6 feet from GR & RMX	6 feet/10 feet from GR & RMX
GI	10 feet/25 feet from GR & RMX	10 feet/25 feet from GR & RMX	10 feet/25 feet from GR & RMX	10 feet/25 feet from GR & RMX
CZD	To be determined by approving authority

TABLE 2.7.3-A: SETBACKS FOR ACCESSORY STRUCTURES
District	Side Yard Setback		Rear Yard Setback
District	< 120 sq. ft.	≥ 120 sq. ft.	< 120 sq. ft.	≥ 120 sq. ft.
GR (4, 8)	3 feet	6 feet	3 feet	10 feet
RMX	0 feet	3 feet	0 feet	3 feet
NMX	0 feet	3 feet	0 feet	3 feet
PGX	0 feet	3 feet	0 feet	3 feet
DMX	0 feet	0 feet	0 feet	0 feet
CMX	0 feet	0 feet	0 feet	0 feet
IC	0 feet/6 feet from GR & RMX	6 feet/10 feet from GR & RMX	0 feet/6 feet from GR & RMX	6 feet/10 feet from GR & RMX
GI	10 feet/25 feet from GR & RMX	10 feet/25 feet from GR & RMX	10 feet/25 feet from GR & RMX	10 feet/25 feet from GR & RMX
CZD	To be determined by approving authority

B.
Accessory structures to residential uses located within 6 feet of the principal structure are considered to be attached for the purpose of setbacks, and shall comply with the setback requirements of the principal structure.

Effective on: 12/15/2025

2.7.4. Setbacks for corner lots and multi-frontage lots.

Any structure on any lot that fronts on more than one street shall comply with the minimum front yard setback requirement for each street upon which the lot fronts.

Alleys, rear lanes, and commercial service lanes are not classified as streets for the purpose of determining corner or multi-frontage lot setbacks.

The rear yard shall be determined as the portion of the lot on the opposite side of the lot from the front yard on the street with the higher classification.

FIGURE 2.7.4-A: SETBACKS FROM MULTI-FRONTAGE LOTS

FIGURE 2.7.4-A: SETBACKS FROM MULTI-FRONTAGE LOTS

(Ord. No. 2023-61, § 1(Exh. A), 12-18-23; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

2.7.5. Setbacks for triangle lots and other lots without a rear lot line.

On properties where there is no rear lot line, the rear setback shall be measured as a radial distance from the intersection of side lot lines at the rear of the lot.

FIGURE 2.7.5-A: SETBACKS FROM LOTS WITH NO REAR LOT LINE

FIGURE 2.7.5-A: SETBACKS FROM LOTS WITH NO REAR LOT LINE

(Ord. No. 2023-61, § 1(Exh. A), 12-18-23; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

2.7.6. Setbacks for irregular lots.

For irregular lots, the Zoning Administrator will determine the termination of the “parcel connector” based on the definition and will measure front yard setbacks from that point.

All other setback distances (rear and side yards)shall be equal to the minimum rear yard setback for the district, unless:

1.
A newly-created irregular lot would convert an existing conforming secondary or accessory dwelling unit to a principal single-family structure. In this case, the setbacks for the principal structure may equal that of an accessory structure of that size in the zoning district.

FIGURE 2.7.6F: SETBACKS FROM IRREGULAR LOTS

FIGURE 2.7.6F: SETBACKS FROM IRREGULAR LOTS

(Ord. No. 2023-61, § 1(Exh. A), 12-18-23; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

2.7.7. Setbacks for zero lot line developments.

FIGURE 2.7.7-A: ZERO LOT LINE DEVELOPMENT SETBACKS

FIGURE 2.7.7-A: ZERO LOT LINE DEVELOPMENT SETBACKS

(Ord. No. 2023-61, § 1(Exh. A), 12-18-23; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

2.7.8. Lots within the Downtown Development Overlay District.

The build-to percentage may be reduced to 50 percent if the new building includes a public courtyard or plaza space.

FIGURE 2.7.8-A: BUILD-TO LINE AND BUILD-TO PERCENTAGE

FIGURE 2.7.8-A: BUILD-TO LINE AND BUILD-TO PERCENTAGE

(Ord. No. 2023-61, § 1(Exh. A), 12-18-23; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

2.7.9. Encroachments.

A.
Awnings or canopies: Awnings or canopies on structures may encroach upon the front setback area and rights-of-way provided that the following conditions are met:
1. 1.
  Awnings or canopies shall be supported by means of a frame attached directly to the structure receiving beneficial use of the awning or canopy. In no case shall awnings or canopies be supported by a frame attached to a sidewalk or other public right-of-way.
2. 2.
  Shopfront awnings or canopies projecting the width of the sidewalk pedestrian zone must be attached to the building at 14 feet above the grade of the sidewalk. Awnings or canopies may only project two-thirds the width of the sidewalk pedestrian zone if attached lower than 14 feet above the grade of the sidewalk.
3. 3.
  Awnings or canopies shall not project into the furniture/landscape zone of any sidewalk, nor over a street or adjacent on-street parking, and, in no event, shall they project further than seven feet from the face of the building.
4. 4.
  The lowest point of any awning or canopy shall be at least nine feet above the grade of the sidewalk.
B.
Handicapped ramps: The administrator may approve the installation of handicapped landings, ramps, and similar structures as additions to existing structures, even though such additions do not meet the minimum setback requirements of this ordinance, provided such additions meet the following criteria:
1. 1.
  They are intended for the sole purpose of providing handicapped access to an existing structure.
2. 2.
  They fully conform to North Carolina Building Code and are designed to minimize setback deviations to the maximum extent possible.
3. 3.
  Prior to the issuance of any permit the administrator shall inspect the site of the proposed addition and may impose such conditions as are necessary to minimize any conflicts that may arise from the construction thereof, including the encroachment of such additions upon setback lines.
4. 4.
  No such addition shall encroach into a public or private right-of-way or easement, regulatory floodway, or surface water protection area.
C.
Roof overhangs and gutters:
1. 1.
  Roof overhangs and gutters may encroach into front, rear, or side yard setbacks by up to two feet.
D.
Uncovered porches, stoops, and stairs:
1. 1.
  Uncovered porches, stoops, and stairs, intended primarily for means of ingress and egress, nominally in line with the first floor above grade or any floor below that, may encroach into front, or rear yard setbacks up to one-third of the required setback dimension up to a height of four feet above the elevation of the floor being served. The area of each porch not including landings between runs of stairs, shall be no greater than fifty square feet.
E.
Balconies and bay windows:
1. 1.
  Covered or uncovered balconies and bay windows may encroach into front or rear setbacks up to three feet into the required setback dimension. Balconies or bay windows may not exceed ten feet in width. Cumulative total of balconies and bay windows projecting into the setback shall not exceed 33 percent of the total width of each elevation.
F.
Chimneys:
1. 1.
  Chimneys may encroach into front, rear, or side setbacks by up to two feet. Width of the chimney encroachment shall not exceed that necessary for the fireplace, flue, and the typical building walls enclosing the fireplace or flue.

(Ord. No. 2015-23, § 02, 9-21-15; Ord. No. 2023-61, § 1(Exh. A), 12-18-23; Ord. No. 2025-14, § 1(Exh. A), 4-7-25; Ord. No. 2025-52, § 1(Exh. A), 11-3-25)

Effective on: 11/3/2025

Brevard City Zoning Code

CHAPTER 2

DISTRICTS AND GENERAL PROVISIONS

2.2. Use categories and tables of permitted uses.

All uses permitted in this Code have been divided into 10 general categories as detailed below and are generally defined as follows:

1.
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.
2.
Lodging: Premises available for short-term human habitation for a fee, including daily and weekly rental.
3.
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.
4.
Civic/institutional: Premises available for organizations dedicated to religion, education, government, social service, health care, and other similar functions.
5.
Entertainment/recreation: Premises for the gathering of people for purposes such as arts and culture, amusement, and recreation.
6.
Agriculture: Premises primarily used to grow crops, produce, flowers, etc., raise animals, harvest timber, or other similar functions.
7.
Manufacturing/wholesale/storage: Premises available for the creation, assemblage, storage, and repair of items including their wholesale or retail sale.
8.
Infrastructure: Uses and structures dedicated to transportation, communication, information, and utilities.
9.
Accessory: Uses of land or of a building or structure or portion thereof, which is incidental and subordinate to a principal use on the same lot.
10.
Temporary: Uses of land which, having met certain requirements and conditions, that may be permitted for a period of limited duration, and which may utilize "temporary structures" for the duration of the event.

Interpretation of use matrices.

1.
The use matrix is not intended to be a comprehensive list of all possible uses, but rather a list of more common uses likely to be proposed within the city.
2.
In the event that a particular use is not listed in the use matrix, and such use is not listed as a prohibited use and is not otherwise prohibited by law, the administrator shall determine whether a materially similar use exists in this chapter.
1. a.
  Should the administrator determine that a materially similar use does exist, the regulations governing that use shall apply to the particular use not listed and the administrator's decision shall be recorded in writing pursuant to G.S. 160D-403.
2. b.
  Should the administrator determine that a materially similar use does not exist, this chapter may be amended to establish a specific listing for the use in question in accordance with the provisions set forth for text amendments in CHAPTER 16.
3.
When determining whether a proposed use is materially similar to a listed use, the administrator may consider the following criteria:
1. a.
  The actual or projected characteristics of the proposed use;
2. b.
  The relative amount of site area or floor area and equipment devoted to the proposed use;
3. c.
  Relative amounts of sales;
4. d.
  The customer type;
5. e.
  The relative number of employees;
6. f.
  Hours of operation;
7. g.
  Amount and frequency of deliveries;
8. h.
  Building and site arrangement;
9. i.
  Types of vehicles used and their parking demands;
10. j.
  The number of vehicle trips generated;
11. k.
  Signs;
12. l.
  How the proposed use is advertised;
13. m.
  The likely impact on surrounding properties; and
14. n.
  Whether the activity is likely to be found independent of the other activities on the site.
4.
Prohibited uses within the applicable zoning district or uses for which the administrator determines there is not a materially similar use in the matrix may be permitted through the application of a conditional zoning district in accordance with the provisions set forth in CHAPTER 16.

Use matrix. The following matrix sets forth the manner by which certain uses may be permitted within the various districts set forth above.

1.
"P" denotes those uses that are permitted "by right."
2.
"—" denotes those uses that are not permitted within the given district.
3.
"SUP" denotes those uses that are permitted upon issuance of a special use permit in accordance with the provisions set forth in CHAPTER 16. Additional standards for certain uses requiring a special use permit are set forth in CHAPTER 3 of this ordinance.
4.
"PS" denotes those uses that are permitted with additional standards, which are set forth in CHAPTER 3.
5.
"MHD" denotes those uses that are permitted within a Manufactured Housing Overlay District.

TABLE 2.2-A: LAND USE MATRIX
CATEGORY	SECTION (a)	USE	ZONING DISTRICTS
CATEGORY	SECTION (a)	USE	GR	RMX	NMX	PGX	DMX	CMX	IC	GI
*Residential*
Household Living	3.5.1	Dwelling—Single-Family	P	P	—	—	—	—	P	—
		Dwelling—Duplex	P	P	P	P	—	—	P	—
		Dwelling—Multifamily 3—4 units/bldg.	P	P	P	P	P	P	P	—
		Dwelling—Multifamily more than 4 units/bldg.	—	P	P	P	P	P	P	—
		Dwelling—Townhome	P	P	P	P	P	P	P	—
		Manufactured Home	MHD	MHD	MHD	MHD	MHD	MHD	MHD	—
		Live-Work Units	PS	PS	PS	PS	PS	—	PS	—
		Mixed-Use Residential Unit	—	—	PS	PS	PS	PS	PS	—
Group Living	3.5.2	Family Care Home	P	P	P	P	P	P	P	—
		Housing Services for the Elderly	SUP	P	P	P	P	P	P	—
		Rooming or Boarding House	P	P	P	—	P	P	P	—
Social Services	3.5.3	Group Care Facility	P	P	P	—	P	P	P	—
Social Services	3.5.3	Shelter	SUP	P	P	—	P	P	P	—
*Lodging*
Overnight Accommodations	3.6.1	All overnight accommodations, except as listed below	—	—	—	P	P	P	P	—
		Bed and Breakfast	PS	PS	PS	PS	PS	PS	PS	—
		Short-Term Rental (STR)	—	PS	PS	PS	PS	PS	PS	—
Camping	3.6.2	Campground/Recreational Vehicle Park	SUP	SUP	SUP	SUP	—	—	SUP	—
		Rental Cottage/Cabins	PS	PS	PS	PS	—	—	—	—
		Seasonal Camp	PS	—	—	PS	—	—	PS	—
*Commercial*
Eating and Drinking Establishments	3.7.1	All restaurants and other eating and drinking establishments except as listed below	—	—	P	P	P	P	P	—
Eating and Drinking Establishments	3.7.1	Bar/Night Club	—	—	PS	PS	P	P	—	—
Personal Services	3.7.2	All personal services, except as listed below	—	P	P	P	P	P	P	—
Personal Services	3.7.2	Day Care Center	PS	PS	PS	PS	PS	PS	PS	PS
Professional Services	3.7.3	All professional services, except as listed below	SUP	P	P	P	P	P	P	P
		Adult Establishment	—	—	—	—	—	—	—	SUP
		Banks, Credit Unions, Financial Services, and ATMs	—	—	P	P	P	P	P	P
		Funeral Homes and Services	—	—	P	—	P	P	P	—
		Human Crematories and Crematoriums	—	—	PS	—	PS	PS	PS	PS
		Indoor Animal Services	—	—	P	P	P	P	P	P
		Kennels and Outdoor Animal Services	—	—	SUP	—	—	PS	—	PS
		Landscaping and Contractor Services	SUP	SUP	SUP	—	—	—	—	P
		Vehicle Services—Major Repair/Body Work	—	—	—	—	—	PS	—	PS
		Vehicle Services—Minor Maintenance/Repair	—	—	SUP	—	SUP	PS	PS	PS
Retail	3.7.4	All retail and sales establishments except as listed below	—	—	P	P	P	P	P	—
		Alcoholic Beverage Sales Store	—	—	SUP	P	P	P	—	—
		Auto/Mechanical Parts Sales	—	—	—	P	P	P	—	P
		Flea market	—	SUP	SUP	SUP	SUP	SUP	—	—
		Gas Station	—	—	SUP	PS	SUP	PS	—	PS
		Gunsmiths and Weapon Sales	—	—	SUP	SUP	PS	PS	—	PS
*Civic/Institutional*
Educational	3.8.1	All educational uses except as listed below	SUP	P	P	P	P	P	P	—
		Colleges/Universities	—	—	SUP	SUP	P	P	P	—
		Schools—Vocational/Technical	—	SUP	P	P	P	P	P	P
Government	3.8.2	All government uses, except as listed below	—	P	P	P	P	P	P	P
		Correctional Facilities	—	—	SUP	—	SUP	P	P	P
		Public Safety Station	SUP	SUP	P	P	P	P	P	P
Medical	3.8.3	All medical offices and facilities except as listed below	—	P	P	P	P	P	P	—
Medical	3.8.3	Hospital	—	—	—	—	—	P	P	—
Places of Worship	3.8.4	All religious institutions or places of worship	SUP	P	P	—	P	P	P	—
Places of Worship	3.8.4	Cemeteries	PS	PS	PS	—	PS	PS	PS	—
*Entertainment/Recreation*
Indoor Recreation	3.9.1	All indoor recreation facilities, except as listed below	SUP	P	P	P	P	P	P	P
		Cultural or Community Facility	SUP	P	P	P	P	P	P	—
		Indoor Amusements	—	—	SUP	P	P	P	SUP	P
		Indoor Firing Range	—	—	—	SUP	—	SUP	SUP	SUP
		Live Performance Theater	—	SUP	SUP	P	P	P	P	—
		Movie Theater	—	—	—	P	P	P	—	—
		Special Event Venue	SUP	SUP	PS	PS	PS	PS	PS	—
		Studios, Galleries and Workshops - High Impact	—	—	SUP	SUP	SUP	P	P	P
		Studios, Galleries and Workshops - Low Impact	—	P	P	P	P	P	P	—
Outdoor Recreation	3.9.2	All outdoor recreation facilities, except as listed below	SUP	P	P	P	P	P	P	P
		Non-Residential Swimming Pool or Pond	—	SUP	SUP	SUP	PS	PS	PS	—
		Outdoor Amusements	—	—	SUP	P	SUP	P	—	P
		Outdoor Firing Range	—	—	—	—	—	—	—	SUP
		Parks, Open Space, and Greenways	P	P	P	P	P	P	P	P
*Agriculture*
Agriculture	3.10.1	All agricultural uses	PS	—	—	—	—	PS	PS	PS
*Manufacturing/Wholesale/Storage*
Light Industrial and Manufacturing	3.11.1	All light industrial and manufacturing activities, except as listed below	—	—	—	—	—	SUP	—	P
		Brewery, Distillery, Winery, Cidery - High Impact	—	—	—	SUP	—	P	—	P
		Brewery, Distillery, Winery, Cidery - Low Impact	—	—	SUP	PS	PS	PS	—	PS
		Laboratory	—	—	—	—	—	P	P	P
		Laundry, Dry Cleaning Plant	—	—	—	—	—	SUP	P	P
		Manufacturing Research and Development	—	—	—	P	—	P	P	P
		Media Production	—	—	P	P	P	P	P	P
Heavy Manufacturing	3.11.2	All heavy manufacturing activities, except as listed below	—	—	—	—	—	—	—	SUP
Heavy Manufacturing	3.11.2	Metal Products Fabrication, Machine or Welding Shop	—	—	SUP	SUP	SUP	P	—	P
Storage and Disposal	3.11.3	All storage and disposal uses, except as listed below	—	—	—	—	—	SUP	—	P
		Chemical Storage Facility	—	—	—	—	—	—	—	P
		Solid Waste Disposal Facilities	—	—	—	—	—	—	—	PS
		Junkyard / Salvage Yard	—	—	—	—	—	—	—	SUP
Wholesaling and Distribution	3.11.4	All wholesaling and distribution activities, except as listed below	—	—	—	—	—	P	—	P
		Equipment Rental	—	—	—	—	—	P	—	P
		Indoor Vehicle/Heavy Equipment Sales	—	—	PS	—	PS	PS	—	PS
		Outdoor Vehicle/Heavy Equipment Sales	—	—	—	—	—	PS	—	PS
Extractive Industries	3.11.5	All extractive industries, except as listed below	—	—	—	—	—	—	—	P
Extractive Industries	3.11.5	Extractive industries involving blasting	—	—	—	—	—	—	—	SUP
*Infrastructure*
Utilities	3.12.1	Utilities—Class 1	P	P	P	P	P	P	P	P
		Utilities—Class 2	P	P	P	P	P	P	P	P
		Utilities—Class 3	—	—	—	—	—	—	—	P
Telecommunications	3.12.2	All wireless telecommunication facilities, except as listed below	PS	PS	PS	PS	PS	PS	PS	PS
Telecommunications	3.12.2	Wireless Telecommunication Facility—Tower	—	—	—	—	—	SUP	—	PS
Transportation	3.12.3	Aviation Facilities	—	—	—	—	—	—	—	SUP
		Parking Lot	SUP	PS	PS	PS	PS	PS	PS	PS
		Passenger Vehicle Terminals	—	—	P	P	P	P	—	P
*Accessory*
Residential Accessory	3.13.1	All residential accessory uses, except as listed below	PS	PS	PS	PS	PS	PS	PS	PS
		Day Care Home	PS	PS	PS	PS	PS	PS	PS	—
		Dwelling—Accessory Unit (ADU)	PS	PS	PS	PS	PS	PS	PS	—
		Home Occupation	PS	PS	PS	PS	PS	PS	PS	—
		Keeping Bees	PS	PS	PS	PS	PS	PS	PS	PS
		Keeping Domestic Fowl (Chickens)	PS	PS	PS	PS	PS	PS	PS	PS
		Swimming Pool or Pond	PS	PS	PS	PS	PS	PS	PS	—
Non-Residential Accessory	3.13.2	All non-residential accessory uses, except as listed below	—	PS	PS	PS	PS	PS	PS	PS
		Accessory Retail	—	—	PS	PS	PS	PS	PS	PS
		Drive-Thrus	—	—	SUP	SUP	—	PS	—	—
		Mobile Food Vendor Site	—	SUP	PS	PS	PS	PS	PS	PS
		Recycling - Small Collection	—	—	—	—	—	SUP	SUP	P
		Rooftop Amenity Space	—	—	SUP	PS	PS	PS	PS	PS
		Taproom / Tasting Room	—	—	SUP	P	P	P	—	P
*Temporary*
Temporary	3.14.1	All temporary uses, except as listed below	PS	PS	PS	PS	PS	PS	PS	PS
		Agricultural / Produce Stand	PS	PS	PS	PS	PS	PS	PS	PS
		Construction Office	PS	PS	PS	PS	PS	PS	PS	PS
		Dwelling—Temporary	PS	PS	PS	PS	PS	PS	PS	PS
		Mobile Classroom	PS	PS	PS	PS	PS	PS	PS	PS
		Mobile Vendor	PS	PS	PS	PS	PS	PS	PS	PS
		One-Day Event	PS	PS	PS	PS	PS	PS	PS	PS
		Outdoor Event	PS	PS	PS	PS	PS	PS	PS	PS
		Outdoor Seasonal Sale	PS	PS	PS	PS	PS	PS	PS	PS
		Outdoor Storage Container	PS	PS	PS	PS	PS	PS	PS	PS
(a) This column refers to the section of this ordinance that contains the use definition and additional standards.

TABLE 2.2-A: LAND USE MATRIX
CATEGORY	SECTION (a)	USE	ZONING DISTRICTS
CATEGORY	SECTION (a)	USE	GR	RMX	NMX	PGX	DMX	CMX	IC	GI
*Residential*
Household Living	3.5.1	Dwelling—Single-Family	P	P	—	—	—	—	P	—
		Dwelling—Duplex	P	P	P	P	—	—	P	—
		Dwelling—Multifamily 3—4 units/bldg.	P	P	P	P	P	P	P	—
		Dwelling—Multifamily more than 4 units/bldg.	—	P	P	P	P	P	P	—
		Dwelling—Townhome	P	P	P	P	P	P	P	—
		Manufactured Home	MHD	MHD	MHD	MHD	MHD	MHD	MHD	—
		Live-Work Units	PS	PS	PS	PS	PS	—	PS	—
		Mixed-Use Residential Unit	—	—	PS	PS	PS	PS	PS	—
Group Living	3.5.2	Family Care Home	P	P	P	P	P	P	P	—
		Housing Services for the Elderly	SUP	P	P	P	P	P	P	—
		Rooming or Boarding House	P	P	P	—	P	P	P	—
Social Services	3.5.3	Group Care Facility	P	P	P	—	P	P	P	—
Social Services	3.5.3	Shelter	SUP	P	P	—	P	P	P	—
*Lodging*
Overnight Accommodations	3.6.1	All overnight accommodations, except as listed below	—	—	—	P	P	P	P	—
		Bed and Breakfast	PS	PS	PS	PS	PS	PS	PS	—
		Short-Term Rental (STR)	—	PS	PS	PS	PS	PS	PS	—
Camping	3.6.2	Campground/Recreational Vehicle Park	SUP	SUP	SUP	SUP	—	—	SUP	—
		Rental Cottage/Cabins	PS	PS	PS	PS	—	—	—	—
		Seasonal Camp	PS	—	—	PS	—	—	PS	—
*Commercial*
Eating and Drinking Establishments	3.7.1	All restaurants and other eating and drinking establishments except as listed below	—	—	P	P	P	P	P	—
Eating and Drinking Establishments	3.7.1	Bar/Night Club	—	—	PS	PS	P	P	—	—
Personal Services	3.7.2	All personal services, except as listed below	—	P	P	P	P	P	P	—
Personal Services	3.7.2	Day Care Center	PS	PS	PS	PS	PS	PS	PS	PS
Professional Services	3.7.3	All professional services, except as listed below	SUP	P	P	P	P	P	P	P
		Adult Establishment	—	—	—	—	—	—	—	SUP
		Banks, Credit Unions, Financial Services, and ATMs	—	—	P	P	P	P	P	P
		Funeral Homes and Services	—	—	P	—	P	P	P	—
		Human Crematories and Crematoriums	—	—	PS	—	PS	PS	PS	PS
		Indoor Animal Services	—	—	P	P	P	P	P	P
		Kennels and Outdoor Animal Services	—	—	SUP	—	—	PS	—	PS
		Landscaping and Contractor Services	SUP	SUP	SUP	—	—	—	—	P
		Vehicle Services—Major Repair/Body Work	—	—	—	—	—	PS	—	PS
		Vehicle Services—Minor Maintenance/Repair	—	—	SUP	—	SUP	PS	PS	PS
Retail	3.7.4	All retail and sales establishments except as listed below	—	—	P	P	P	P	P	—
		Alcoholic Beverage Sales Store	—	—	SUP	P	P	P	—	—
		Auto/Mechanical Parts Sales	—	—	—	P	P	P	—	P
		Flea market	—	SUP	SUP	SUP	SUP	SUP	—	—
		Gas Station	—	—	SUP	PS	SUP	PS	—	PS
		Gunsmiths and Weapon Sales	—	—	SUP	SUP	PS	PS	—	PS
*Civic/Institutional*
Educational	3.8.1	All educational uses except as listed below	SUP	P	P	P	P	P	P	—
		Colleges/Universities	—	—	SUP	SUP	P	P	P	—
		Schools—Vocational/Technical	—	SUP	P	P	P	P	P	P
Government	3.8.2	All government uses, except as listed below	—	P	P	P	P	P	P	P
		Correctional Facilities	—	—	SUP	—	SUP	P	P	P
		Public Safety Station	SUP	SUP	P	P	P	P	P	P
Medical	3.8.3	All medical offices and facilities except as listed below	—	P	P	P	P	P	P	—
Medical	3.8.3	Hospital	—	—	—	—	—	P	P	—
Places of Worship	3.8.4	All religious institutions or places of worship	SUP	P	P	—	P	P	P	—
Places of Worship	3.8.4	Cemeteries	PS	PS	PS	—	PS	PS	PS	—
*Entertainment/Recreation*
Indoor Recreation	3.9.1	All indoor recreation facilities, except as listed below	SUP	P	P	P	P	P	P	P
		Cultural or Community Facility	SUP	P	P	P	P	P	P	—
		Indoor Amusements	—	—	SUP	P	P	P	SUP	P
		Indoor Firing Range	—	—	—	SUP	—	SUP	SUP	SUP
		Live Performance Theater	—	SUP	SUP	P	P	P	P	—
		Movie Theater	—	—	—	P	P	P	—	—
		Special Event Venue	SUP	SUP	PS	PS	PS	PS	PS	—
		Studios, Galleries and Workshops - High Impact	—	—	SUP	SUP	SUP	P	P	P
		Studios, Galleries and Workshops - Low Impact	—	P	P	P	P	P	P	—
Outdoor Recreation	3.9.2	All outdoor recreation facilities, except as listed below	SUP	P	P	P	P	P	P	P
		Non-Residential Swimming Pool or Pond	—	SUP	SUP	SUP	PS	PS	PS	—
		Outdoor Amusements	—	—	SUP	P	SUP	P	—	P
		Outdoor Firing Range	—	—	—	—	—	—	—	SUP
		Parks, Open Space, and Greenways	P	P	P	P	P	P	P	P
*Agriculture*
Agriculture	3.10.1	All agricultural uses	PS	—	—	—	—	PS	PS	PS
*Manufacturing/Wholesale/Storage*
Light Industrial and Manufacturing	3.11.1	All light industrial and manufacturing activities, except as listed below	—	—	—	—	—	SUP	—	P
		Brewery, Distillery, Winery, Cidery - High Impact	—	—	—	SUP	—	P	—	P
		Brewery, Distillery, Winery, Cidery - Low Impact	—	—	SUP	PS	PS	PS	—	PS
		Laboratory	—	—	—	—	—	P	P	P
		Laundry, Dry Cleaning Plant	—	—	—	—	—	SUP	P	P
		Manufacturing Research and Development	—	—	—	P	—	P	P	P
		Media Production	—	—	P	P	P	P	P	P
Heavy Manufacturing	3.11.2	All heavy manufacturing activities, except as listed below	—	—	—	—	—	—	—	SUP
Heavy Manufacturing	3.11.2	Metal Products Fabrication, Machine or Welding Shop	—	—	SUP	SUP	SUP	P	—	P
Storage and Disposal	3.11.3	All storage and disposal uses, except as listed below	—	—	—	—	—	SUP	—	P
		Chemical Storage Facility	—	—	—	—	—	—	—	P
		Solid Waste Disposal Facilities	—	—	—	—	—	—	—	PS
		Junkyard / Salvage Yard	—	—	—	—	—	—	—	SUP
Wholesaling and Distribution	3.11.4	All wholesaling and distribution activities, except as listed below	—	—	—	—	—	P	—	P
		Equipment Rental	—	—	—	—	—	P	—	P
		Indoor Vehicle/Heavy Equipment Sales	—	—	PS	—	PS	PS	—	PS
		Outdoor Vehicle/Heavy Equipment Sales	—	—	—	—	—	PS	—	PS
Extractive Industries	3.11.5	All extractive industries, except as listed below	—	—	—	—	—	—	—	P
Extractive Industries	3.11.5	Extractive industries involving blasting	—	—	—	—	—	—	—	SUP
*Infrastructure*
Utilities	3.12.1	Utilities—Class 1	P	P	P	P	P	P	P	P
		Utilities—Class 2	P	P	P	P	P	P	P	P
		Utilities—Class 3	—	—	—	—	—	—	—	P
Telecommunications	3.12.2	All wireless telecommunication facilities, except as listed below	PS	PS	PS	PS	PS	PS	PS	PS
Telecommunications	3.12.2	Wireless Telecommunication Facility—Tower	—	—	—	—	—	SUP	—	PS
Transportation	3.12.3	Aviation Facilities	—	—	—	—	—	—	—	SUP
		Parking Lot	SUP	PS	PS	PS	PS	PS	PS	PS
		Passenger Vehicle Terminals	—	—	P	P	P	P	—	P
*Accessory*
Residential Accessory	3.13.1	All residential accessory uses, except as listed below	PS	PS	PS	PS	PS	PS	PS	PS
		Day Care Home	PS	PS	PS	PS	PS	PS	PS	—
		Dwelling—Accessory Unit (ADU)	PS	PS	PS	PS	PS	PS	PS	—
		Home Occupation	PS	PS	PS	PS	PS	PS	PS	—
		Keeping Bees	PS	PS	PS	PS	PS	PS	PS	PS
		Keeping Domestic Fowl (Chickens)	PS	PS	PS	PS	PS	PS	PS	PS
		Swimming Pool or Pond	PS	PS	PS	PS	PS	PS	PS	—
Non-Residential Accessory	3.13.2	All non-residential accessory uses, except as listed below	—	PS	PS	PS	PS	PS	PS	PS
		Accessory Retail	—	—	PS	PS	PS	PS	PS	PS
		Drive-Thrus	—	—	SUP	SUP	—	PS	—	—
		Mobile Food Vendor Site	—	SUP	PS	PS	PS	PS	PS	PS
		Recycling - Small Collection	—	—	—	—	—	SUP	SUP	P
		Rooftop Amenity Space	—	—	SUP	PS	PS	PS	PS	PS
		Taproom / Tasting Room	—	—	SUP	P	P	P	—	P
*Temporary*
Temporary	3.14.1	All temporary uses, except as listed below	PS	PS	PS	PS	PS	PS	PS	PS
		Agricultural / Produce Stand	PS	PS	PS	PS	PS	PS	PS	PS
		Construction Office	PS	PS	PS	PS	PS	PS	PS	PS
		Dwelling—Temporary	PS	PS	PS	PS	PS	PS	PS	PS
		Mobile Classroom	PS	PS	PS	PS	PS	PS	PS	PS
		Mobile Vendor	PS	PS	PS	PS	PS	PS	PS	PS
		One-Day Event	PS	PS	PS	PS	PS	PS	PS	PS
		Outdoor Event	PS	PS	PS	PS	PS	PS	PS	PS
		Outdoor Seasonal Sale	PS	PS	PS	PS	PS	PS	PS	PS
		Outdoor Storage Container	PS	PS	PS	PS	PS	PS	PS	PS
(a) This column refers to the section of this ordinance that contains the use definition and additional standards.

Effective on: 12/15/2025

2.3. Principal structures.

No development shall contain more than one principal building per lot, unless:

1.
As part of an approved group development;
2.
As part of a conditional zoning district;
3.
As part of an approved special use permit; or
4.
As part of a pre-existing nonconforming use.

For separate lots within a zero-lot line development, such as those for some types of townhomes and mixed-use buildings, the individual units will be considered a primary structure for each lot.

The maximum ground floor area for principal structures varies by zoning district and shall be measured in accordance with the following table.

TABLE 2.3-A: GROUND FLOOR AREA
District	Maximum Ground Floor Area of Each Principal Structure
GR4	10,000 sq. ft.
GR8	8,000 sq. ft.
RMX - Single-family home and duplex	8,000 sq. ft.
RMX - Multi-family and nonresidential	25,000 sq. ft.
NMX	30,000 sq. ft.
PGX	40,000 sq. ft.
DMX	25,000 sq. ft.
CMX	75,000 sq. ft.
IC	100,000 sq. ft.
GI	100,000 sq. ft.
Note: Projects of developments that do not meet the above standards apply for conditional zoning in accordance with Section 2.1.C.

TABLE 2.3-A: GROUND FLOOR AREA
District	Maximum Ground Floor Area of Each Principal Structure
GR4	10,000 sq. ft.
GR8	8,000 sq. ft.
RMX - Single-family home and duplex	8,000 sq. ft.
RMX - Multi-family and nonresidential	25,000 sq. ft.
NMX	30,000 sq. ft.
PGX	40,000 sq. ft.
DMX	25,000 sq. ft.
CMX	75,000 sq. ft.
IC	100,000 sq. ft.
GI	100,000 sq. ft.
Note: Projects of developments that do not meet the above standards apply for conditional zoning in accordance with Section 2.1.C.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-43, § 1(Exh. A), 11-18-24; Ord. No. 2025-04, § 1(Exh. A), 1-21-25)

Effective on: 1/21/2025

2.5. Accessory structures.

1.
Structures larger than 25% of the ground floor area of the principal structure are considered additional principal structures and shall be considered as a group development.
2.
Accessory structures utilized for agricultural purposes in association with agricultural primary uses may be permitted in the absence of a principal structure.
3.
Garden sheds may be permitted in the absence of a principal structure subject to the following requirements:
1. a.
  Garden sheds shall be no larger than 120 square feet in size;
2. b.
  Garden sheds shall be single-story;
3. c.
  Garden shed shall not be connected to water, sewer, or electricity; and
4. d.
  Garden sheds shall be utilized only for the storage of lawn equipment, garden utensils, and other implements necessary for the maintenance of gardens and grounds.

Dimensional requirements.

1.
Accessory structures shall meet the yard and setback requirements of Section 2.7.
2.
Accessory structures shall not exceed two stories in height.

Accessory structures on lots with single-family dwellings and duplexes.

1.
Maximum number permitted. No more than two accessory structures shall be permitted per lot. Beehives and chicken coops shall not count toward the maximum number of accessory structures on a lot.
2.
Accessory structures shall be located only in the side or rear yards, except for gazebos, private garages, and carports. Such structures shall comply with the front yard setbacks for primary structures in Section 2.7.2. The administrator shall make a determination as to the side or rear yard for accessory structures proposed to be located on lots fronting more than one street.
3.
Under no circumstances shall the use of a shipping container be permitted for the purpose of providing permanent storage as an accessory use.

Accessory structures on lots with non-residential uses, multi-family uses, and group developments.

1.
Maximum number permitted. No more than two accessory structures shall be permitted per lot, except in General Industrial (GI). In all other zoning districts, additional structures shall be considered as principal structures in a group development.
2.
Accessory structures shall be located only in side or rear yards except for bona-fide agricultural enterprises.
3.
Accessory structures shall comply with the applicable landscaping requirements of CHAPTER 8 of this ordinance.
4.
Accessory structures shall comply with the architectural standards of Section 5.7.14 and all other applicable sections of CHAPTER 5.

Exempt structures.

1.
Structures including but not limited to mailboxes, newspaper boxes, birdhouses, flagpoles, pump covers, garden boxes and planters, doghouses, and any other similar small or ornamental structures shall not be considered principal or accessory structures and shall not require a permit.

Effective on: 11/3/2025

2.8. Fences and walls.

1.
In the General Industrial district, and public safety and other critical facilities. Fences or walls shall be no greater than six feet in height in the front yard(s) and no greater than eight feet in height in the side and rear yards.
2.
All other districts and uses. Fences or walls shall be no greater than four feet in height in the front yard(s) and no more than eight feet in the side and rear yards.
3.
No closed fence or wall shall be greater than two-and-a-half feet in height when placed within the sight triangle of any intersection as specified in Section 9.5 of this ordinance. Open fences are exempt from this provision.

Fence and wall materials shall conform to the following requirements:

1.
 GR and RMX districts:
1. a.
  All fences and walls must be of brick, stone, stucco, wrought iron, wood, or other materials similar in appearance and durability, except that chain link or woven wire may be used in the side and rear yards.
2. b.
  All other wire fences, including barbed wire or concertina wire, are prohibited.
3. c.
  Nothing in this chapter shall prevent the administrator from approving architecturally variant uses of material to allow creative fence design, such as the contemporary look of heavy-gauged welded wire panels framed in timber.
4. d.
  The use of plastic plumbing pipe is a prohibited fence material.
2.
CMX, DMX, PGX, NMX, and IC districts:
1. a.
  All fences and walls must be of brick, stone, stucco, wrought iron, wood, or other materials similar in appearance and durability.
2. b.
  Chain link wire fences may be used as secure enclosures internal to the property or site subject to the following requirements:
  1. i.
    Chain link fences shall not be visible from a public right-of-way,
  2. ii.
    Chain link fences shall not serve as a perimeter fence or property line fence unless buffered by a type A buffer yard on all sides, and then only in the side or rear yard behind the front building line.
3. c.
  All other wire fences, including barbed wire or concertina wire, are prohibited.
4. d.
  All walls and fences shall be materially similar to other walls and fences in the same block or general vicinity.
3.
General Industrial districts, public safety facilities, and other critical facilities:
1. a.
  All fences and walls must be of brick, stone, stucco, wrought iron, wood, or other materials similar in appearance and durability, and shall be materially similar to other walls and fences on the same block or general vicinity.
2. b.
  Vinyl coated, chain link fencing may be approved by the administrator as perimeter fencing with additional filtering through openings using opaque or semi opaque slats or screening or by installing a type A landscaping buffer between incompatible uses, between different zoning districts or where visible from a public street.
4.
Barbed wire: Barbed wire may be permitted within agricultural operations with livestock and any bona-fide agricultural operations within any zoning district.

Retaining walls shall also conform to the following requirements:

1.
Retaining walls should minimize the impacts of cut and fill on a site.
2.
The height of any retaining wall should not exceed five feet unless required to be higher for engineering reasons.
1. a.
  An increase in retaining wall height may be allowed if the proposed design minimizes the cut and fill impacts and enhances the existing landscape.
3.
In areas where cuts are steeper, a stepped or terraced wall should be used. Large, unbroken retaining walls in a uniform plane should be avoided.

Effective on: 8/4/2025

2.1.1. Base districts.

(Ord. No. 15-08, §§ 1, 2, 12-5-08; Ord. No. 20-09, § 4(Exh. B(2)), 9-21-09; Ord. No. 2015-32, § 01, 11-16-15; Ord. No. 2020-23 , § 1(Exh. A), 10-19-20; Ord. No. 2021-16 , § 1(Exh. A), 4-19-21)

Effective on: 1/1/1901

2.1.2. Establishment of base districts and purpose statements.

This ordinance establishes the following base districts for use as zoning categories

1.
General Residential (GR4 and GR8). The General Residential District is intended for the city's existing predominately-residential neighborhoods as well as provide for new primarily-residential development in accordance with this pattern. These districts are differentiated only by the density of the overall development relative to the planning goals of the city as set forth in the Comprehensive Land Use Plan.
2.
Residential Mixed-Use (RMX). The Residential Mixed-Use District is intended to provide for areas of higher density residential development in close proximity (within ½—¼ mile) to existing and planned commercial centers such as the Downtown Mixed-Use District. The intent is to create higher density residential areas that compliment commercial districts with physical proximity and pedestrian connectivity. Different housing types and lot styles are encouraged.
3.
Neighborhood Mixed-Use (NMX). The Neighborhood Mixed-Use District is coded to provide pedestrian-scaled, higher density residential homes and opportunities for limited scale commercial activities along existing mixed-use corridors, in areas of transition, and at the functional center of new neighborhoods. Development in this district should encourage pedestrian activity through construction of mixed-use buildings and connections to adjacent neighborhoods. Buildings in this district are typically small and detached.
4.
Pisgah Gateway Mixed-Use (PGX). The Pisgah Gateway Mixed-Use District is intended to provide pedestrian-scaled development supporting a mix of land uses that are compatible with the district’s location at the main entrance of Pisgah National Forest. Land uses should be primarily non-residential, though some higher-density residential uses may be appropriate. Development in this district should harmonize the urban form with the surrounding natural environment through construction of mixed-use buildings, multi-modal connectivity, context-sensitive architectural design, and natural materials and colors.
5.
Downtown Mixed-Use (DMX). The Downtown Mixed-Use District is coded for the traditional downtown area. Individual buildings are encouraged to be multi-story with uses mixed vertically, street level commercial and upper level office and residential. Higher densities of residential development are encouraged. It is the purpose of these regulations to encourage vitality by excluding certain activities which have a negative effect on the public realm through auto-dominated or non-pedestrian oriented design or uses.
6.
Corridor Mixed-Use (CMX). The Corridor Mixed-Use District is coded to facilitate convenient access, minimize traffic congestion, and reduce the visual impact of auto-oriented uses along the city's major thoroughfares. In addition, this district is established to assure the continuation of the natural beauty and green appearance of the major thoroughfares leading into the city, for enhancement of the appearance of newly developed and redeveloped properties, and for the promotion of public safety by limiting the number and location of access points.
7.
Institutional Campus (IC). The Institutional Campus District is coded to allow for the continued and future use, expansion, and new development of academic and religious campuses, as well as government and health-care facilities. Unlike regular buildings which are oriented towards public streets, campus buildings are introverted towards spaces within the campus such as quadrangles.
8.
General Industrial (GI). This district is primarily for general industrial land uses and a broader variety of operations, including manufacturing, processing, and assembling of parts and products and distribution of products at wholesale or retail. The standards established for general industrial areas are designed to promote sound permanent industrial development.

Effective on: 1/21/2025

2.1.3. Establishment of conditional zoning districts.

1.
Institutional Campus Conditional Zoning District (IC CD).
2.
General Industrial Conditional Zoning District (GI CD).
3.
Downtown Mixed-Use Conditional Zoning District (DMX CD).
4.
Corridor Mixed-Use Conditional Zoning District (CMX CD).
5.
Pisgah Gateway Mixed-Use Conditional Zoning District (PGX CD).
6.
Neighborhood Mixed-Use Conditional Zoning District (NMX CD).
7.
Residential Mixed-Use Conditional Zoning District (RMX CD).
8.
General Residential Conditional Zoning District (GR CD).

1.
Reducing or eliminating the inflexibility that sometimes results from strict application of zoning and development standards that were designed primarily for individual lots;
2.
Allowing greater freedom in selecting the means to provide access, light, open space, and design amenities;
3.
Allowing greater freedom in providing a mix of land uses in the same development, including a mix of housing types, housing prices, lot sizes, densities, and non-residential uses in a conditional zoning district;
4.
Promoting quality urban design and environmentally sensitive development by allowing development to take advantage of special site characteristics, locations, and land uses; and
5.
Encouraging quality urban design and environmentally sensitive development by allowing increases in base densities when such increases can be justified by superior design or the provision of additional amenities such as public and/or private open space.

General use and development standards for Conditional Zoning Districts.

1.
Uses allowed. A development may contain only those uses specified in the ordinance creating the conditional zoning district. Such uses may include any of the uses indicated in the use matrix contained in Section 2.2.C, provided such uses are consistent with the Comprehensive Land Use Plan.
2.
Mixed-uses encouraged.
1. a.
  Mixed-use developments are strongly encouraged in conditional zoning districts, including the mixing of principal residential uses with principal non-residential uses. Mixed-use development may occur by having two or more principal uses located in the same building (e.g., retail on ground floor, office space above) or by having two or more principal uses located in different buildings sited on the same lot or parcel (e.g., freestanding child day care center located on the same parcel as an office building).
2. b.
  Developments containing both residential and non-residential uses shall be designed, located, and oriented on the site so that non-residential uses are directly accessible to residents of the development. For the purposes of this section, "directly accessible" shall mean pedestrian and vehicular access by way of improved sidewalks or paths and streets that do not involve leaving the planned development or using a major thoroughfare. "Directly accessible" does not necessarily mean that non-residential uses need to be located in a particular location, but that the siting of such uses considers the accessibility of the residential component of the development to the non-residential use.
3.
Unless the ordinance creating a conditional zoning district specifies otherwise, conditional zoning districts which contain residential uses shall incorporate the following design principles:
1. a.
  All neighborhoods shall have identifiable centers and edges.
2. b.
  Edge lots shall be readily accessible to retail and/or recreation by non-vehicular means (a distance not greater than ¼—½ mile).
3. c.
  Uses shall be mixed and in close proximity to one another.
4. d.
  Street networks shall be interconnected and blocks small.
5. e.
  Sidewalks and other pedestrian infrastructure shall be interconnected and comprehensive.
6. f.
  The entire land area of the development shall be divided into blocks, streets, lots and open space areas.
7. g.
  Similar land categories shall generally front across streets. Dissimilar categories should abut at rear lot lines. Corner lots which front on streets of dissimilar use should be set back the same as the adjacent use with the lesser setback.
8. h.
  Open space shall be centrally located so that it is within walking distance (¼—½ mile) from all locations within the conditional zoning district. All required open space shall be in accordance with the provisions of CHAPTER 7.
9. i.
  Dimensional standards shall be established in accordance with neighborhood design but shall be generally consistent with those found in the RMX, NMX and DMX Districts.

(Ord. No. 15-08, §§ 1, 2, 12-5-08; Ord. No. 20-09, § 4(Exh. B(2)), 9-21-09; Ord. No. 2015-32, § 01, 11-16-15; Ord. No. 2020-23 , § 1(Exh. A), 10-19-20; Ord. No. 2021-16 , § 1(Exh. A), 4-19-21; Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-43, § 1(Exh. A), 11-18-24; Ord. No. 2025-04, § 1(Exh. A), 1-21-25)

Effective on: 1/21/2025

2.1.4. Overlay districts.

A.
Manufactured Home Overlay District (MHD). The purpose of the MHD is to allow for the continued placement of manufactured homes "by right" in areas where manufactured housing is a historical housing form.
B.
Highway 64 Corridor Sign Overlay District. The purpose of the Highway 64 Corridor Sign Overlay District is to provide standard signage requirements for the commercial corridor along the Asheville and Rosman Highway commercial corridors of US Highway 64.
C.
Downtown Development Overlay District. The purpose of the Downtown Development Overlay District is to ensure that new development in the core of downtown is consistent with the community's character and promotes a human-scaled, pedestrian-friendly environment.

Effective on: 6/3/2024

2.4.1. General group development requirements.

Applicability:

1.
Group development review is applicable to any land development subject to a site plan that includes 2 or more principal buildings on a single parcel (or grouping thereof) for the purpose of development (whether immediate or in the future).
2.
Other individual structures designed to accommodate a variety of distinct uses may be considered as a group development at the discretion of the administrator.

Group development matrix: The following matrix sets forth the manner by which certain types of group developments may be permitted within the various districts.

1.
"P" denotes those group development types that are permitted "by right."
2.
"—" denotes those group development types that are not permitted within the given district.
3.
"PS" denotes those group development types that are permitted with additional standards, which are set forth herein.
4.
"MHD" denotes those group development types that are permitted within a Manufactured Housing Overlay District.

TABLE 2.4.1-A: GROUP DEVELOPMENT TYPOLOGY MATRIX
CATEGORY	GROUP DEVELOPMENT	ZONING DISTRICTS
CATEGORY	GROUP DEVELOPMENT	GR	RMX	NMX	PGX	DMX	CMX	IC	GI
Residential	All residential group developments, except as listed below	PS	PS	PS	PS	PS	PS	PS	—
	Cluster Home Development	PS	PS	PS	PS	—	—		—
	Neighborhood Development	PS	PS	—	—	—	—	—	—
	Manufactured Home Park	MHD	MHD	MHD	MHD	MHD	MHD	MHD	MHD
Non-Residential	All non-residential or mixed-use group developments, except as listed below	—	PS	PS	PS	PS	PS	PS	PS
Non-Residential	Shopping Centers	—	—	PS	PS	PS	PS	—	—

TABLE 2.4.1-A: GROUP DEVELOPMENT TYPOLOGY MATRIX
CATEGORY	GROUP DEVELOPMENT	ZONING DISTRICTS
CATEGORY	GROUP DEVELOPMENT	GR	RMX	NMX	PGX	DMX	CMX	IC	GI
Residential	All residential group developments, except as listed below	PS	PS	PS	PS	PS	PS	PS	—
	Cluster Home Development	PS	PS	PS	PS	—	—		—
	Neighborhood Development	PS	PS	—	—	—	—	—	—
	Manufactured Home Park	MHD	MHD	MHD	MHD	MHD	MHD	MHD	MHD
Non-Residential	All non-residential or mixed-use group developments, except as listed below	—	PS	PS	PS	PS	PS	PS	PS
Non-Residential	Shopping Centers	—	—	PS	PS	PS	PS	—	—

C.
Submittal requirements:
1. 1.
  Each application for a group development shall be accompanied by development plans as required by CHAPTER 17 that show compliance with all applicable regulations, including but not limited to landscaping, parking, stormwater management, and infrastructure improvements
D.
Use limitations:
1. 1.
  Unless otherwise provided by this section for a specific type, group developments must comply with the use matrix. No other uses may be permitted.
2. 2.
  The following uses are not permitted in group developments, unless explicitly allowed by this section:
  1. a.
    Dwelling - Single-family
  2. b.
    Dwelling - Duplex
  3. c.
    Manufactured Home
E.
Connectivity and circulation:
1. 1.
  The group development shall accommodate safe, efficient, and convenient vehicular, pedestrian, and bicycle circulation throughout the development, as outlined in CHAPTER 9.
2. 2.
  All principal structures within a group development shall be connected by a sidewalk.
F.
Street access:
1. 1.
  Any building established as a part of a group development project, which cannot properly be served by emergency or service vehicles from an existing abutting street, shall be made accessible to such vehicles by a publicly-accessible road.
  1. a.
    Typically, a building cannot be properly served if it is not within 500 feet of a fire hydrant, 150 feet from a publicly accessible road, or otherwise deemed unacceptable by the Technical Review Committee. Exceptions and/or alternatives to these minimum requirements may be considered by the Technical Review Committee.
2. 2.
  All interior roads shall be paved to City standards with a minimum width of 20 feet and adequately maintained for emergency or service vehicle access.
G.
Building separation:
1. 1.
  All buildings established as part of a group development project shall be separated in accordance with North Carolina Building Code separation requirements.
H.
Parking:
1. 1.
  The location of off-street parking may be permitted between a principal structure and the street within a group development. In such instances, no more than 40% of the street frontage, minus any required setback distances, shall be occupied by parking areas. Additional buffers and landscaping may be required to obscure parking adjacent to the street.

FIGURE 2.4.1-A: ILLUSTRATIVE DIAGRAMS OF PARKING LOCATIONS IN A GROUP DEVELOPMENT

FIGURE 2.4.1-A: ILLUSTRATIVE DIAGRAMS OF PARKING LOCATIONS IN A GROUP DEVELOPMENT

I.
Setbacks:
1. 1.
  Unless otherwise provided by this section, each group development project shall comply with the setback requirements established for the zoning districts in Section 2.7.
J.
Ownership:
1. 1.
  When a group development is designed with individual lots with shared stewardship of the common areas, the following additional standards shall be met:
  1. a.
    Covenants of shared stewardship shall be recorded in the Transylvania County Register of Deeds and such contractual rights and obligations shall be established prior to final zoning inspection approval.
2. 2.
  When a group development is designed as a multi-dwelling, multi-tenant or mixed-use development under single ownership, subject to the use limitations herein, the following additional standards shall be met:
  1. a.
    If at any point in the future the owner intends to transfer individual lots into separate ownership, a plat meeting all requirements of this ordinance shall be submitted to Planning staff for review and approval. Covenants of shared stewardship shall be recorded in the Transylvania County Register of Deeds and such contractual rights and obligations shall be established prior to final plat approval.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-43, § 1(Exh. A), 11-18-24; Ord. No. 2025-04, § 1(Exh. A), 1-21-25)

Effective on: 1/21/2025

2.4.2. Cluster home development.

Applicability:

1.
Cluster home development may take one of the following forms:
1. a.
  A development may be designed with individual lots with shared stewardship of the common areas.
2. b.
  A development may be designed as a multi-dwelling development, subject to the use limitations below.
2.
Cluster home development shall comply with the group development standards established herein and the following standards.

Use Limitations:

1.
The following housing types are permitted in a cluster home development:
1. a.
  Dwelling - Single-family
2. b.
  Dwelling - Duplex
3. c.
  Dwelling – Multifamily 3-4 units/building
4. d.
  Dwelling – Townhome
2.
Accessory dwelling units are prohibited within a cluster home development.

Density and buildings:

1.
The maximum allowable density of a cluster home development shall be equal to 50% greater than the underlying base zoning district.
2.
Cluster home developments shall have a minimum of three detached residential buildings.
3.
All principal buildings within the cluster home development shall front on a street or a common open space.
4.
Each principal building within the cluster home development is permitted one accessory structure less than 120 SF.
5.
A maximum of two accessory structures shall be allowed within a cluster home development project for shared use. This includes any shared community buildings, storage sheds, etc. The maximum ground floor area for accessory structures shall not exceed 50% of the aggregate ground floor area of the principal structures. Gazebos and other structures that are amenities within the common areas are exempt.

Setbacks:

1.
Individual lots or building sites within the cluster home development are exempt from the base zoning district setback requirements. However, the base zoning district setbacks apply to the cluster home development parcel.
2.
Dwelling units oriented towards a common open space area shall provide a six feet minimum setback from the common area. Such setback does not count toward any required common area.

Common open space: Common open space areas shall meet the following standards:

1.
The common open space shall include a central green, lawn or garden areas, playground, plaza, or other greenspace / feature as a central focal point.
2.
The minimum size of the common open space area is 3,000 square feet or 500 square feet per dwelling unit, whichever is greater. This requirement shall replace any open space required in accordance with CHAPTER 7.
3.
The common open space area shall maintain a minimum width of 30 feet, shall be contiguous and centrally located, and shall front on a public street.
4.
A maximum of 30% of the common open space may be hardscape.

Parking: In addition to the parking standards in CHAPTER 10, parking for a cluster home development shall meet the following standards:

1.
Required off-street parking may be provided on individual development sites within the cluster home development or in a shared parking area serving multiple dwellings on site.
2.
Parking shall not be located:
1. a.
  between principal structures,
2. b.
  between principal structures and the street,
3. c.
  between principal structures and the required common area, or
4. d.
  within any required common area.

FIGURE 2.4.2-A: ILLUSTRATIVE DIAGRAM OF CLUSTER HOME DEVELOPMENT

FIGURE 2.4.2-A: ILLUSTRATIVE DIAGRAM OF CLUSTER HOME DEVELOPMENT

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

Effective on: 6/3/2024

2.4.3. Neighborhood development.

Applicability:

1.
Neighborhood development standards shall apply to a predominately residential group development designed as individual lots with shared stewardship of common areas and infrastructure.
2.
These standards shall apply to any project with 8 or more lots and/or shared infrastructure.
3.
Neighborhood development shall comply with the group development standards established herein and the following standards.

Use limitations:

1.
Neighborhood development shall be predominately residential, subject to the use matrix in Section 2.2.

Street access:

1.
All lots intended for development are required to front on a road in accordance with the lot requirements of Section 4.2.
2.
Roads and driveways shall meet the requirements of CHAPTER 13. If the roads are to be dedicated to the City of Brevard for maintenance, they shall be built in compliance with public road standards.

Density and buildings:

1.
The maximum allowable density of a neighborhood development shall be equal to the underlying base zoning district.

Setbacks:

1.
All lots established as part of a neighborhood development shall comply with the setback requirements of the base zoning district.

Parking: In addition to the parking standards in CHAPTER 10, parking for a neighborhood development shall meet the following standards:

1.
Required off-street parking may be provided on individual development sites within the neighborhood development or in a shared parking area serving multiple dwellings on site.

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

Effective on: 6/3/2024

2.4.4. Manufactured home park.

Applicability:

1.
Manufactured home park standards shall apply to 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.
2.
Manufactured home park may take one of the following forms:
1. a.
  A development may be designed with individual lots with shared stewardship of the common areas.
2. b.
  A development may be designed as a multi-dwelling development, subject to the use limitations below.
3.
Manufactured home parks shall comply with the group development standards established herein and the following standards.

Use limitations:

1.
The following housing types are permitted in a manufactured home park:
1. a.
  Manufactured home.
2.
Accessory dwelling units are prohibited within a manufactured home park.

Density and buildings:

1.
The maximum allowable density of a manufactured home park shall be equal to 50% greater than the underlying base zoning district.
2.
All principal buildings within the manufactured home park shall front on a street or interior road.
3.
Each principal building within the manufactured home park is permitted one accessory structure less than 120 SF.
4.
A maximum of two accessory structures shall be allowed within a manufactured home park for shared use. This includes any shared community buildings, storage sheds, etc. The maximum ground floor area for accessory structures shall not exceed 50% of the aggregate ground floor area of the principal structures. Gazebos and other structures that are amenities within the common areas are exempt.

Setbacks:

1.
Individual lots or manufactured home sites within the manufactured home park group development are exempt from the base zoning district setback requirements. However, the base zoning district setbacks apply to the manufactured home park parcel.

Parking: In addition to the parking standards in CHAPTER 10, parking for a manufactured home park shall meet the following standards:

1.
Required off-street parking may be provided on individual development sites within the manufactured home park or in a shared parking area serving multiple dwellings on site.
2.
Parking shall not be located:
1. a.
  between principal structures,
2. b.
  between principal structures and the street,
3. c.
  between principal structures and the required common area, or
4. d.
  within any required common area.

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

Effective on: 6/3/2024

2.4.5. Shopping centers.

Applicability:

1.
Shopping center regulations shall apply to large-scale non-residential or mixed-use group development with at least 2 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.
2.
Shopping centers may be designed as multi-tenant commercial buildings, zero-lot line development of attached structure(s); as individual parcels with shared stewardship of the common areas; or a combination thereof.
3.
Shopping centers shall comply with the group development standards established herein and the following standards.

Use Limitations:

1.
The shopping center may contain uses permitted by the applicable zoning district.

Setbacks:

1.
Individual lots or building sites within the shopping center group development are exempt from the base zoning district setback requirements. However, the base zoning setbacks apply to the shopping center parcel.

(Ord. No. 2022-76, § 1(Exh. A), 12-5-22; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

2.6.1. Density.

Maximum density of dwelling units. The maximum allowable dwelling unit density varies based on the zoning district.

TABLE 2.6.1-A: MAXIMUM DWELLING UNIT (DU) DENSITY
District	Maximum Density
GR4	4 du/acre
GR8	8 du/acre
RMX	15 du/acre
NMX	25 du/acre
PGX	30 du/acre
DMX	None
CMX	40 du/acre
IC	15 du/acre
GI	DU not permitted
Note: Projects or developments that do not meet the above standards may apply for conditional zoning in accordance with Section 2.1.C.

TABLE 2.6.1-A: MAXIMUM DWELLING UNIT (DU) DENSITY
District	Maximum Density
GR4	4 du/acre
GR8	8 du/acre
RMX	15 du/acre
NMX	25 du/acre
PGX	30 du/acre
DMX	None
CMX	40 du/acre
IC	15 du/acre
GI	DU not permitted
Note: Projects or developments that do not meet the above standards may apply for conditional zoning in accordance with Section 2.1.C.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-43, § 1(Exh. A), 11-18-24; Ord. No. 2025-04, § 1(Exh. A), 1-21-25)

Effective on: 1/21/2025

2.6.2. Building height.

Maximum building height. The maximum building height for a structure varies based on zoning district.

TABLE 2.6.2-A: MAXIMUM BUILDING HEIGHT BY RIGHT
District	Maximum Height by Right
GR4	35 feet
GR8	35 feet
RMX	35 feet
NMX	35 feet
PGX	35 feet
DMX	50 feet
CMX	50 feet
IC	50 feet
GI	50 feet
Note: Projects or development that do not meet the above standards may apply for conditional zoning in accordance with Section 2.1.C.

TABLE 2.6.2-A: MAXIMUM BUILDING HEIGHT BY RIGHT
District	Maximum Height by Right
GR4	35 feet
GR8	35 feet
RMX	35 feet
NMX	35 feet
PGX	35 feet
DMX	50 feet
CMX	50 feet
IC	50 feet
GI	50 feet
Note: Projects or development that do not meet the above standards may apply for conditional zoning in accordance with Section 2.1.C.

B.
Computation of building height.
1. 1.
  "Building height" is measured as the vertical distance above a reference elevation measured to the parapet or roof line of a flat roof, the eave of a pitched roof, or the deck line of a mansard roof. The height of a terraced or stepped building is the maximum height of any segment of the building.
2. 2.
  The reference elevation shall be selected using the greater of either of the following:
  1. a.
    The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of an exterior wall of the building when such sidewalk or ground surface is not more than ten feet above the lowest grade; or,
  2. b.
    An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in subsection B.1, above is more than 10 feet above the lowest grade.

FIGURE 2.6.2-A: BUILDING HEIGHT MEASUREMENT

FIGURE 2.6.2-A: BUILDING HEIGHT MEASUREMENT

1. 3.
  Items not included in calculation: The height limitations of this section shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy, monuments, water towers, observation towers, transmission towers, chimneys, smokestacks, conveyors, flagpoles, masts and antennas; provided evidence from appropriate authorities is submitted to the effect that such building or structure will not interfere with any airport zones or flight patterns.

C.
Maximum story height.
1. 1.
  A building story shall not exceed 14 feet in height from finished floor to finished floor.
2. 2.
  Basements that emerge less than 4 feet from grade or attics not exceeding 4 feet at the knee-wall shall not constitute a story.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-43, § 1(Exh. A), 11-18-24; Ord. No. 2025-04, § 1(Exh. A), 1-21-25; Ord. No. 2025-14, § 1(Exh. A), 4-7-25)

Effective on: 4/7/2025

2.6.3. Project area by right.

Minimum project area. There is no minimum project size required, regardless of zoning district.

Maximum project area. The maximum project size by right varies based on the zoning district.

TABLE 2.6.3-A: MAXIMUM PROJECT AREA BY RIGHT
District	Maximum Project Area by Right
GR4	20 acres
GR8	10 acres
RMX	10 acres
NMX	10 acres
PGX	10 acres
DMX	10 acres
CMX	10 acres
IC	None
GI	None
Note: Projects or development that do not meet the above standards may apply for conditional zoning in accordance with Section 2.1.C.

TABLE 2.6.3-A: MAXIMUM PROJECT AREA BY RIGHT
District	Maximum Project Area by Right
GR4	20 acres
GR8	10 acres
RMX	10 acres
NMX	10 acres
PGX	10 acres
DMX	10 acres
CMX	10 acres
IC	None
GI	None
Note: Projects or development that do not meet the above standards may apply for conditional zoning in accordance with Section 2.1.C.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-43, § 1(Exh. A), 11-18-24; Ord. No. 2025-04, § 1(Exh. A), 1-21-25)

Effective on: 1/21/2025

Editor's Note

2.7.1. General standards for all yards and setbacks.

1.
Landscaping requirements set forth in CHAPTER 8 of this ordinance may supersede setbacks listed herein.
2.
No portion of any structure shall be placed upon any parcel boundary or within any public or private right-of-way or easement, unless otherwise provided for by this ordinance. This provision shall not prohibit zero lot line structures with common walls situated on one or more lot lines.

Types of setbacks:

1.
Front yard setbacks shall apply to the portion of the lot adjacent to the right-of-way. All lots are required to have a front yard.
2.
Rear yard setbacks shall apply to the portion of the lot on the opposite side of the lot from the front yard setback. All lots are required to have a rear yard.
3.
Side yard setbacks shall be the required setback from any property line other than front or rear property lines.

FIGURE 2.7.1-A: ILLUSTRATIVE SETBACK DIAGRAMS

FIGURE 2.7.1-A: ILLUSTRATIVE SETBACK DIAGRAMS

C.
Measurement of setbacks and building lines:
1. 1.
  Required yard setbacks and building lines are measured parallel to the applicable lot line or public right-of-way line.
  a.
  Front yard setbacks and building lines shall be measured from the property line or the edge of the right-of-way, whichever is further from the centerline of the roadway.
  b.
  Side yard and rear yard setbacks and building lines shall be measured from the property line(s).
2. 2.
  When lot lines are curvilinear, setbacks and building lines shall be measured parallel to the curvilinear lot line.

FIGURE 2.7.1-B: SETBACKS FROM CURVILINEAR LOT LINES

FIGURE 2.7.1-B: SETBACKS FROM CURVILINEAR LOT LINES

1. 3.
  When there are multiple rear lot lines, the rear yard setback and building line must be measured from each of the rear lot lines.

FIGURE 2.7.1-C: SETBACKS FROM MULTIPLE REAR LOT LINES

FIGURE 2.7.1-C: SETBACKS FROM MULTIPLE REAR LOT LINES

D.
Administrative decisions for setbacks:
1. 1.
  The administrator may impose additional setbacks based upon specific guidance from the City of Brevard Comprehensive Plan, the City of Brevard Downtown Master Plan and other district or small area/master plans, the City of Brevard Comprehensive Pedestrian Plan, the City of Brevard Street Schedule, or other plans or policies of the city.
  1. a.
    For private streets, a right-of-way in accordance with CHAPTER 13 shall be assumed by the administrator.
  2. b.
    When determining the edge of the right-of-way, the administrator shall account for existing or proposed additional automobile, bicycle, or pedestrian travel lanes, turn lanes, roundabouts, on-street parking, and other improvements that deviate from a standard street cross-section.
2. 2.
  The administrator may approve deviations from required setbacks by up to 20 percent of the required area in accordance with CHAPTER 16 in order to:
  1. a.
    protect existing or proposed rights-of-way and other infrastructure improvements
  2. b.
    ensure environmental protection of sensitive and/or conservation areas, including steep slope areas
  3. c.
    account for surface water protection and/or satisfy flood damage prevention requirements
3. 3.
  For non-conforming lots without street frontage, the administrator shall designate a front yard for the purposes of setback measurement.
4. 4.
  The administrator may grant exceptions to the setback requirements of this ordinance for infill developments where the average setback on already-built-upon lots located wholly or in part within the same block and zoning district, and fronting on the same street as such lot, is less than the minimum required setback. In such cases, the front and side yard setbacks on such lot may be less than the required setback but not less than the average of the existing setbacks on the developed lots.
5. 5.
  The administrator may determine that in established neighborhoods the functional rear yard is not opposite the front yard based on the peculiar shape of the parcel or the development pattern. In these cases, the administrator may determine that another line shall be considered the rear lot line for setback purposes.

(Ord. No. 2023-61, § 1(Exh. A), 12-18-23; Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2025-14, § 1(Exh. A), 4-7-25)

Effective on: 4/7/2025

2.7.2. Setbacks for principal structures.

The minimum setback distance for principal structures varies by zoning district and shall be measured in accordance with this section.

TABLE 2.7.2-A: SETBACKS FOR PRINCIPAL STRUCTURES
District	Front Yard Setback	Rear Yard Setback	Side Yard Setback
GR (4, 8)	15 feet	25 feet	6 feet
RMX	10 feet	25 feet	6 feet
NMX	Edge of right-of-way	10 feet	0 feet / 10 feet from GR & RMX
PGX	15 feet	10 feet	6 feet
DMX	Edge of right-of-way	0 feet	0 feet
CMX	10 feet	10 feet / 25 feet from GR & RMX	0 feet / 10 feet from GR & RMX
IC	10 feet	10 feet / 25 feet from GR & RMX	6 feet / 10 feet from GR & RMX
GI	15 feet	10 feet / 25 feet from GR & RMX	10 feet / 25 feet from GR & RMX
CZD	To be determined by approving authority

TABLE 2.7.2-A: SETBACKS FOR PRINCIPAL STRUCTURES
District	Front Yard Setback	Rear Yard Setback	Side Yard Setback
GR (4, 8)	15 feet	25 feet	6 feet
RMX	10 feet	25 feet	6 feet
NMX	Edge of right-of-way	10 feet	0 feet / 10 feet from GR & RMX
PGX	15 feet	10 feet	6 feet
DMX	Edge of right-of-way	0 feet	0 feet
CMX	10 feet	10 feet / 25 feet from GR & RMX	0 feet / 10 feet from GR & RMX
IC	10 feet	10 feet / 25 feet from GR & RMX	6 feet / 10 feet from GR & RMX
GI	15 feet	10 feet / 25 feet from GR & RMX	10 feet / 25 feet from GR & RMX
CZD	To be determined by approving authority

Effective on: 12/15/2025

2.7.3. Setbacks for accessory structures.

Setbacks for accessory structures vary based on the size of the structure and the zoning district.

TABLE 2.7.3-A: SETBACKS FOR ACCESSORY STRUCTURES
District	Side Yard Setback		Rear Yard Setback
District	< 120 sq. ft.	≥ 120 sq. ft.	< 120 sq. ft.	≥ 120 sq. ft.
GR (4, 8)	3 feet	6 feet	3 feet	10 feet
RMX	0 feet	3 feet	0 feet	3 feet
NMX	0 feet	3 feet	0 feet	3 feet
PGX	0 feet	3 feet	0 feet	3 feet
DMX	0 feet	0 feet	0 feet	0 feet
CMX	0 feet	0 feet	0 feet	0 feet
IC	0 feet/6 feet from GR & RMX	6 feet/10 feet from GR & RMX	0 feet/6 feet from GR & RMX	6 feet/10 feet from GR & RMX
GI	10 feet/25 feet from GR & RMX	10 feet/25 feet from GR & RMX	10 feet/25 feet from GR & RMX	10 feet/25 feet from GR & RMX
CZD	To be determined by approving authority

TABLE 2.7.3-A: SETBACKS FOR ACCESSORY STRUCTURES
District	Side Yard Setback		Rear Yard Setback
District	< 120 sq. ft.	≥ 120 sq. ft.	< 120 sq. ft.	≥ 120 sq. ft.
GR (4, 8)	3 feet	6 feet	3 feet	10 feet
RMX	0 feet	3 feet	0 feet	3 feet
NMX	0 feet	3 feet	0 feet	3 feet
PGX	0 feet	3 feet	0 feet	3 feet
DMX	0 feet	0 feet	0 feet	0 feet
CMX	0 feet	0 feet	0 feet	0 feet
IC	0 feet/6 feet from GR & RMX	6 feet/10 feet from GR & RMX	0 feet/6 feet from GR & RMX	6 feet/10 feet from GR & RMX
GI	10 feet/25 feet from GR & RMX	10 feet/25 feet from GR & RMX	10 feet/25 feet from GR & RMX	10 feet/25 feet from GR & RMX
CZD	To be determined by approving authority

B.
Accessory structures to residential uses located within 6 feet of the principal structure are considered to be attached for the purpose of setbacks, and shall comply with the setback requirements of the principal structure.

Effective on: 12/15/2025

2.7.4. Setbacks for corner lots and multi-frontage lots.

Any structure on any lot that fronts on more than one street shall comply with the minimum front yard setback requirement for each street upon which the lot fronts.

Alleys, rear lanes, and commercial service lanes are not classified as streets for the purpose of determining corner or multi-frontage lot setbacks.

The rear yard shall be determined as the portion of the lot on the opposite side of the lot from the front yard on the street with the higher classification.

FIGURE 2.7.4-A: SETBACKS FROM MULTI-FRONTAGE LOTS

FIGURE 2.7.4-A: SETBACKS FROM MULTI-FRONTAGE LOTS

(Ord. No. 2023-61, § 1(Exh. A), 12-18-23; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

2.7.5. Setbacks for triangle lots and other lots without a rear lot line.

On properties where there is no rear lot line, the rear setback shall be measured as a radial distance from the intersection of side lot lines at the rear of the lot.

FIGURE 2.7.5-A: SETBACKS FROM LOTS WITH NO REAR LOT LINE

FIGURE 2.7.5-A: SETBACKS FROM LOTS WITH NO REAR LOT LINE

(Ord. No. 2023-61, § 1(Exh. A), 12-18-23; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

2.7.6. Setbacks for irregular lots.

For irregular lots, the Zoning Administrator will determine the termination of the “parcel connector” based on the definition and will measure front yard setbacks from that point.

All other setback distances (rear and side yards)shall be equal to the minimum rear yard setback for the district, unless:

1.
A newly-created irregular lot would convert an existing conforming secondary or accessory dwelling unit to a principal single-family structure. In this case, the setbacks for the principal structure may equal that of an accessory structure of that size in the zoning district.

FIGURE 2.7.6F: SETBACKS FROM IRREGULAR LOTS

FIGURE 2.7.6F: SETBACKS FROM IRREGULAR LOTS

(Ord. No. 2023-61, § 1(Exh. A), 12-18-23; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

2.7.7. Setbacks for zero lot line developments.

FIGURE 2.7.7-A: ZERO LOT LINE DEVELOPMENT SETBACKS

FIGURE 2.7.7-A: ZERO LOT LINE DEVELOPMENT SETBACKS

(Ord. No. 2023-61, § 1(Exh. A), 12-18-23; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

2.7.8. Lots within the Downtown Development Overlay District.

The build-to percentage may be reduced to 50 percent if the new building includes a public courtyard or plaza space.

FIGURE 2.7.8-A: BUILD-TO LINE AND BUILD-TO PERCENTAGE

FIGURE 2.7.8-A: BUILD-TO LINE AND BUILD-TO PERCENTAGE

(Ord. No. 2023-61, § 1(Exh. A), 12-18-23; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

2.7.9. Encroachments.

A.
Awnings or canopies: Awnings or canopies on structures may encroach upon the front setback area and rights-of-way provided that the following conditions are met:
1. 1.
  Awnings or canopies shall be supported by means of a frame attached directly to the structure receiving beneficial use of the awning or canopy. In no case shall awnings or canopies be supported by a frame attached to a sidewalk or other public right-of-way.
2. 2.
  Shopfront awnings or canopies projecting the width of the sidewalk pedestrian zone must be attached to the building at 14 feet above the grade of the sidewalk. Awnings or canopies may only project two-thirds the width of the sidewalk pedestrian zone if attached lower than 14 feet above the grade of the sidewalk.
3. 3.
  Awnings or canopies shall not project into the furniture/landscape zone of any sidewalk, nor over a street or adjacent on-street parking, and, in no event, shall they project further than seven feet from the face of the building.
4. 4.
  The lowest point of any awning or canopy shall be at least nine feet above the grade of the sidewalk.
B.
Handicapped ramps: The administrator may approve the installation of handicapped landings, ramps, and similar structures as additions to existing structures, even though such additions do not meet the minimum setback requirements of this ordinance, provided such additions meet the following criteria:
1. 1.
  They are intended for the sole purpose of providing handicapped access to an existing structure.
2. 2.
  They fully conform to North Carolina Building Code and are designed to minimize setback deviations to the maximum extent possible.
3. 3.
  Prior to the issuance of any permit the administrator shall inspect the site of the proposed addition and may impose such conditions as are necessary to minimize any conflicts that may arise from the construction thereof, including the encroachment of such additions upon setback lines.
4. 4.
  No such addition shall encroach into a public or private right-of-way or easement, regulatory floodway, or surface water protection area.
C.
Roof overhangs and gutters:
1. 1.
  Roof overhangs and gutters may encroach into front, rear, or side yard setbacks by up to two feet.
D.
Uncovered porches, stoops, and stairs:
1. 1.
  Uncovered porches, stoops, and stairs, intended primarily for means of ingress and egress, nominally in line with the first floor above grade or any floor below that, may encroach into front, or rear yard setbacks up to one-third of the required setback dimension up to a height of four feet above the elevation of the floor being served. The area of each porch not including landings between runs of stairs, shall be no greater than fifty square feet.
E.
Balconies and bay windows:
1. 1.
  Covered or uncovered balconies and bay windows may encroach into front or rear setbacks up to three feet into the required setback dimension. Balconies or bay windows may not exceed ten feet in width. Cumulative total of balconies and bay windows projecting into the setback shall not exceed 33 percent of the total width of each elevation.
F.
Chimneys:
1. 1.
  Chimneys may encroach into front, rear, or side setbacks by up to two feet. Width of the chimney encroachment shall not exceed that necessary for the fireplace, flue, and the typical building walls enclosing the fireplace or flue.

(Ord. No. 2015-23, § 02, 9-21-15; Ord. No. 2023-61, § 1(Exh. A), 12-18-23; Ord. No. 2025-14, § 1(Exh. A), 4-7-25; Ord. No. 2025-52, § 1(Exh. A), 11-3-25)

Effective on: 11/3/2025