The purpose of these emergency response and recovery regulations is to establish a comprehensive framework that enhances community resilience in the face of disasters and emergencies. The regulations aim to ensure that development activities following a declared emergency:

1. A.
   Support swift response and recovery efforts post-disaster, 
2. B.
   Improve the response capabilities of this ordinance, 
3. C.
   Ensure displaced residents have safe and adequate temporary housing options, 
4. D.
   Allow for efficient restoration of essential services and infrastructure, and
5. E.
   Promote the timely rebuilding of affected areas.

(Ord. No. 2024-47, § 1(Exh. A), 12-2-24)

Effective on: 12/2/2024

1. A.
   This chapter shall apply following a natural disaster or public health event having been declared a disaster and subject to a “State of Emergency” by:

   1. 1.
      City Manager and/or Mayor of the City of Brevard.
2. B.
   The applicability of this chapter shall terminate one year from the emergency declaration date. If deemed appropriate given ongoing response and recovery efforts, the City Manager or a majority vote of City Council may extend or shorten the applicability of this chapter for a specified period of time.

(Ord. No. 2024-47, § 1(Exh. A), 12-2-24) 

Effective on: 12/2/2024

1. A.
   The administrator may approve the establishment of temporary uses associated with emergency response and recovery efforts for a specified duration. These uses include, but are not limited to, temporary housing, shelters, personal services (laundry, showers, etc.), medical facilities, and/or government or social service offices.
2. B.
   The administrator may consult with the Technical Review Committee and may apply additional conditions to ensure public health, safety, and welfare are not compromised as a result of the temporary use and/or its location.
3. C.
   Temporary uses may be subject to additional agency approvals which may include, but are not limited to, utilities connections, stormwater reviews, floodplain development permits, and building permits.
4. D.
   Permit or other development fees for temporary uses associated with emergency response and recovery efforts may be waived by an amendment of the fee schedule adopted by City Council, as permitted by law.

(Ord. No. 2024-47, § 1(Exh. A), 12-2-24)

1. A.
   Any non-residential use that is actively engaged in ongoing public service efforts in response to the emergency shall be permitted to display temporary signage.

   1. 1.
      Permit: 

      1. a.
         Type 1 and Type 2 freestanding temporary signs, as described in Section 12.8, associated with emergency response and recovery shall not require a permit. 
      2. b.
         Other types of signage shall be subject to the provisions of the underlying zoning district and requires a permit.
   2. 2.
      Number:

      1. a.
         Uses actively engaged in response and recovery efforts shall be allowed two temporary signs per location. Additional signage may be permitted in accordance with the ordinance provisions.
      2. b.
         Government uses shall not be subject to this limitation.
   3. 3.
      Duration:

      1. a.
         The temporary signs are permitted to be displayed for the duration of the declared emergency or the applicability of this chapter, whichever is longer, provided the public service advertised is active and ongoing. 

(Ord. No. 2024-47, § 1(Exh. A), 12-2-24)

Effective on: 12/2/2024

1. A.
   The administrator may approve temporary housing accommodations for displaced persons or recovery personnel following a declared emergency, subject to the following conditions.

   1. 1.
      Type: 

      1. a.
         The temporary dwelling shall be one of the following types: 

         1. i.
            Recreational vehicle,
         2. ii.
            Temporary and transportable manufactured home, 
         3. iii.
            Travel trailer, or 
         4. iv.
            Other temporary structures in consultation with the building inspector.
      2. b.
         Any type of temporary dwelling may be permitted, regardless of underlying use permissions and density requirements.
   2. 2.
      Placement: 

      1. a.
         Temporary housing units may be permitted in the following circumstances: 

         1. i.
            On a lot where active repair and reconstruction of the primary structure is occurring, regardless of the underlying zoning district; 
         2. ii.
            On a lot within a GR or RMX zoning district as a type of temporary accessory dwelling unit (ADU); or
         3. iii.
            On a lot within a GR or RMX zoning district as a type of group development that is set up for multiple temporary dwellings.
      2. b.
         Setback requirements may be waived during the duration that the temporary housing unit is permitted, such that: 

         1. i.
            The placement of the temporary housing will allow for unobstructed repair and reconstruction on the site, if applicable; 
         2. ii.
            The temporary housing unit does not extend into any public or private right-of-way, easement, or adjacent property; and
         3. iii.
            The placement of the temporary housing unit does not violate any applicable provisions of NC Building Code or Fire Code. 
      3. c.
         Temporary dwellings shall not be placed in flood hazard area, unless active repair or reconstruction of the primary structure is occurring on site and there is no feasible location outside of the flood hazard area for the temporary dwelling to be placed. 

         1. i.
            If placed in the special flood hazard area the temporary dwelling shall be fully movable, properly licensed and ready for highway use. A recreational vehicle or other type of temporary dwelling is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no permanently attached additions.
   3. 3.
      Duration: 

      1. a.
         The temporary housing permit shall be issued for a period of time not exceeding 12 months. The permit may be renewed for an additional six-month period, provided the applicant provides documentation demonstrating: 

         1. i.
            When placed on a lot where active repair and reconstruction of the primary structure is occurring, progress has been made to repair and/or reconstruct the primary structure on the lot;
         2. ii.
            When placed on a lot as a type of temporary accessory dwelling unit, progress has been made to repair and/reconstruct the occupant’s primary residence; 
         3. iii.
            When placed on a lot as a type of group development, progress has been made to repair and/or reconstruct the primary residence of each occupant and/or additional displaced persons or recovery personnel are in need of temporary housing accommodations as a result of the emergency event.
      2. b.
         The temporary housing unit(s) must be removed from the lot within thirty days following the completion of the repair and reconstruction of the displaced person’s primary residence or within thirty days following the expiration of the zoning permit.
2. B.
   Preexisting nonconforming short-term rentals (STRs) or other lodging uses may be used as temporary housing accommodations in response to the local, state, or federal emergency for a period without being considered abandoned as set forth in Section 14.2 – Nonconforming uses. 

(Ord. No. 2024-47, § 1(Exh. A), 12-2-24; Ord. No. 2025-39, § 1 (Exh. A), 8-4-25)

Effective on: 8/4/2025

1. A.
   The administrator may approve temporary non-residential uses providing emergency response and recovery services, subject to the following conditions. 

   1. 1.
      Type: 

      1. a.
         The temporary structure shall be one of the following types: 

         1. i.
            Recreational vehicle,
         2. ii.
            Travel trailer, 
         3. iii.
            Disaster relief tents or emergency response tents, or 
         4. iv.
            Other temporary structures in consultation with the building inspector.
   2. 2.
      Placement: 

      1. a.
         Temporary non-residential uses may be permitted in the following circumstances: 

         1. i.
            As a temporary installation in a publicly-accessible parking area;
         2. ii.
            Vacant property in a CMX, DMX, PGX, NMX, IC, or GI zoning district; or
         3. iii.
            Within a vacant area of a property occupied by other non-residential uses in a CMX, DMX, PGX, NMX, IC, or GI zoning district.
      2. b.
         Setback requirements may be waived during the duration that the temporary non-residential use is permitted, such that: 

         1. i.
            The placement of the temporary non-residential use will not impede any repairs or reconstruction of any damaged permanent structures on the site, if applicable; 
         2. ii.
            The temporary non-residential use does not extend into any public or private right-of-way, easement, or adjacent property; and
         3. iii.
            The placement of the temporary non-residential use does not violate any applicable provisions of NC Building Code or Fire Code. 
      3. c.
         Temporary non-residential uses shall not be placed in the special flood hazard area. 
   3. 3.
      Duration: 

      1. a.
         The temporary non-residential use shall be issued for a period of time not exceeding six months. The permit may be renewed for an additional six-month period, provided the applicant provides documentation demonstrating the non-residential services are still required.
      2. b.
         The temporary non-residential use must be removed from the lot within thirty days following the closure of the use or within thirty days following the expiration of the zoning permit.

(Ord. No. 2024-47, § 1(Exh. A), 12-2-24; Ord. No. 2025-39, § 1 (Exh. A), 8-4-25)

Effective on: 8/4/2025