Definition: Residential occupancy of a structure by a group of people that do not meet the definition of household living. Generally, group living facilities have a common eating area for residents and residents may receive care or training. Group living includes the following uses:

1. a.
   Family care home;
2. b.
   Housing services for the elderly; and
3. c.
   Rooming or boarding house.

1. a.
   Group care facilities and
2. b.
   Shelters

1. a.
   bed and breakfast establishments;
2. b.
   hotels;
3. c.
   motels;
4. d.
   inns;
5. e.
   extended-stay hotels;
6. f.
   hostels; and
7. g.
   short-term rentals.

1. a.
   They do not serve food or drink to the general public for pay;
2. b.
   They include the price of breakfast in the room rate; and
3. c.
   The owner or the manager of the business resides on the premises.

1. a.
   No home of less than 2,500 heated square feet shall be used for a bed and breakfast home.
2. b.
   Signage shall be limited to a single sign, not to exceed four square feet, attached to the home.
3. c.
   Exterior lighting shall be residential in nature and shall not be directed towards adjacent properties.
4. d.
   Bed and breakfasts shall be located a minimum of 500 feet from all other bed and breakfasts and boardinghouses. In calculating the 500-foot distance between bed and breakfasts or boardinghouses, measurements shall be taken from the closest property line of the existing facility to the closest property line of the lot of the proposed bed and breakfast.

   1. i.
      Existing, legally-established bed and breakfasts that do not meet this separation requirement of 500 feet are permitted to expand within the subject property to the maximum limits allowed under this chapter, as long as all applicable development standards are met.
5. e.
   Accessory cottages may be utilized for guest accommodation purposes as part of a bed and breakfast use.

   1. i.
      The number of accessory cottages and guest bedrooms in the accessory cottage(s) cannot exceed the number of guest bedrooms in the principal structure.
   2. ii.
      Accessory cottages shall have architectural compatibility with the principal structure.
   3. iii.
      An accessory cottage shall not exceed 50 percent of the gross floor area of the principal structure.
   4. iv.
      Accessory cottages shall not exceed the height of the principal structure on the lot.
   5. v.
      Other accessory structures such as gazebos and small recreational shelters may be permitted by the administrator provided that such structures are to be utilized for functions and activities directly related to the operation of the bed and breakfast.
6. f.
   Activities and functions associated with a bed and breakfast:

   1. i.
      Activities and functions at the bed and breakfast shall be provided for overnight guests only and shall be limited to breakfast and an afternoon and/or evening refreshment.
   2. ii.
      In addition to functions for overnight guests, bed and breakfast inns may conduct other activities such as social gatherings, outdoor and indoor weddings, parties, and other special functions that involve guests other than registered overnight guests. Such activities may not require the issuance of a special event permit unless such activities are paying events that are in addition to the bed and breakfast function of the subject property. Special event permits may be issued at the discretion of the administrator who may impose such conditions as are necessary to protect the health, safety, and welfare of the neighborhood and guests.

1. a.
   Dwelling units rented, in whole or in part, where a permanent resident lives on-site on the property. This shall include attached or detached accessory dwelling units where the operator lives elsewhere on the property. 
2. b.
   Incidental residential vacation rentals, defined to mean no more than two such rentals in any calendar year where the total number of nights rented does not exceed 14.
3. c.
   Rentals of property in any permitted hotel, motel, inn, rooming or boarding house, or bed and breakfast establishment.

1. a.
   Existing STRs in General Residential zoning districts in operation at the time of the effective date of this ordinance shall be allowed to continue operations, in accordance with Section 14.2 – Nonconforming Uses. 

1. a.
   A typical zoning permit shall be required solely to verify notification and agreement to comply with the additional standards contained herein.
2. b.
   Overnight occupancy shall not exceed two persons per bedroom plus two additional persons. The number of "bedrooms" used in calculating occupancy limits shall be taken from the property tax records. For example: a two-bedroom rental would have an occupancy limit of 6 (2 × 2 bedrooms = 4 + 2 additional = 6 total).
3. c.
   Existing dwelling units used as short-term rentals in GR zoning districts shall maintain their residential character and outside appearance.
4. d.
   No signs shall be permitted.
5. e.
   All exterior lighting shall be residential in nature and shall not be directed towards adjacent properties.

1. a.
   Campground / Recreational Vehicle Park;
2. b.
   Rental Cottages / Cabins; and
3. c.
   Seasonal Camps

1. a.
   Individual campsites or recreational vehicle sites shall be set back a minimum of 100 feet from all lot lines.
2. b.
   Recreational vehicles are permitted on campgrounds provided they are on site for fewer than 30 consecutive days and be fully licensed and ready for highway use (a recreational vehicle 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).

1. a.
   Cottages / cabins shall be situated at least 20 feet from any side or rear property line, and screened from adjacent properties along all side and rear property lines by a Type B buffer yard. Front yard setbacks for accessory cottages shall be the same as a principal structure.
2. b.
   Residential density calculations shall not be used in determining the maximum allowable number of cottages/cabins.
3. c.
   Development regulations and standards, including stormwater runoff provisions, should be applied for the entire property or project, whichever is applicable, regardless of phasing.

1. a.
   All buildings, athletic fields, facilities, stables, and activity areas shall be setback a minimum of 50 feet from the property line.

1. a.
   day care centers,
2. b.
   hair salons and barbershops;
3. c.
   massage and bodywork therapists;
4. d.
   spas, and
5. e.
   tanning salons.

1. a.
   Child day care centers shall comply with the definitions and standards for child day care centers set forth in N.C.G.S. §110 (or any successors thereto).
2. b.
   Adult day cares shall comply with the definitions and standards for adult day care programs as set forth in N.C.G.S. §131-D (or any successors thereto).
3. c.
   Client drop-off and pick-up areas shall be located on the site so as not to obstruct traffic flow on adjacent public streets.
4. d.
   All day care establishments shall at all times be properly licensed by the State of North Carolina and all other appropriate governmental entities.
5. e.
   All equipment shall be stored in the side or rear yard.
6. f.
   Outdoor play space must be provided in accordance with the regulations of North Carolina Department of Health and Human Services Division of Child Development and Early Education.
7. g.
   No outdoor play shall be permitted after sundown.

1. a.
   accounting, tax, bookkeeping, and payroll services;
2. b.
   adult establishments;
3. c.
   advertising, media, and photography services;
4. d.
   animal services;
5. e.
   architectural, engineering, and related services;
6. f.
   banks, credit unions, financial services, and ATMs;
7. g.
   business support services;
8. h.
   community and social services;
9. i.
   consulting services;
10. j.
    funeral homes and services;
11. k.
    graphic, industrial, and interior design services;
12. l.
    human crematoriums;
13. m.
    investment banking, securities, brokerages and insurance-related services
14. n.
    landscaping and contractor services;
15. o.
    legal services;
16. p.
    real estate services; and
17. q.
    vehicle services.

1. a.
   For Special Use Permit:

   1. i.
      When professional services are offered in the GR or RMX districts, no more than one principal building shall be permitted on any lot less than one acre in size and no more than three principal buildings shall be permitted on any lot one acre or more in size. This restriction applies regardless of whether such buildings are used as residences or professional offices or both.
   2. ii.
      No building shall exceed 3,000 square feet of floor area. When more than one building is permitted on a lot under this section, the total floor area for all buildings shall not exceed 6,000 square feet exclusive of open carports or shelters.
   3. iii.
      The overall general appearance of all buildings shall be residential in character.
   4. iv.
      No more than two principal professionals shall be permitted in any building.
   5. v.
      No more than six employees shall be permitted in any building exclusive of principal professional personnel.
   6. vi.
      No more than ten spaces shall be provided for any building, with none located in the front yard area except as permitted by Section 10.7.G of this ordinance. Driveways shall be established in accordance with CHAPTER 13 of this ordinance.
   7. vii.
      Normal hours of operation shall be between 8:00 a.m. and 6:00 p.m., Monday through Saturday, excluding national holidays. Professional services may be provided outside these time frames only in emergencies. Overnight care or service is not permitted.
   8. viii.
      Each building in which professional services are offered under this section may have one identification sign with a maximum sign area of eight square feet. The sign may be either a wall or ground sign. No other outside sign or identifying structure is permitted. Signs shall not exceed five feet in height and shall not be illuminated.
   9. ix.
      Vehicles normally kept or housed on-site must be regular passenger-carrying vehicles, including pickup trucks of not more than three-fourths ton capacity. Such vehicles may not bear any business identification signs greater than three square feet in size. Trucks over three-fourths ton rated capacity, ambulances and other vehicular equipment are not permitted.

1. a.
   No portion of a lot for an adult establishment may be located within a 300-foot radius (determined by a straight line and not street distance) of any place of worship, school (public or private), specialty school, day care facility, public park, hospital or the IC, GR, or RMX zoning districts. No portion of the lot on which the adult establishment is located shall be situated within 300 feet of another adult establishment.
2. b.
   The owner/operator of the adult establishment must have a current, valid business license. The owner/operator and employees must make disclosure of criminal record and consent to a criminal records check. Persons with a record of sex offenses will be denied a business license or employment.
3. c.
   The owner/operator must be in full compliance with ARTICLE II, CHAPTER 42, of the Brevard City Code.
4. d.
   No adult establishment shall adversely impact public services and facilities such as parking, traffic, police, etc., and the secondary effects of such uses shall not adversely impact adjacent properties. In this regard, secondary effects include, but are not limited to, noise, crime, transients, light, stormwater runoff, parking, pedestrian circulation and safety.
5. e.
   There shall be no more than one adult establishment business in the same building, structure, or portion thereof. No other principal or accessory use may occupy the same building, structure, property, or portion thereof with any adult establishment business.
6. f.
   The structure in which the adult establishment is located shall contain no sleeping quarters.
7. g.
   The adult establishment shall not be open for business between the hours of 12:00 midnight and 12:00 noon. The establishment shall be closed on Sundays.
8. h.
   If dancers are employed as a feature of the adult establishment, the performing areas for such dancers shall be separated from patrons by at least ten feet.
9. i.
   If viewing booths are provided, such viewing booths shall be designed so as to allow the body of the person occupying the booth to be completely visible from a portion of the premises open and available to the public.
10. j.
    The applicant shall propose and implement a site-lighting plan that is consistent with CHAPTER 11 of this ordinance.
11. k.
    An adult establishment may be advertised by one sign on the premises that is not greater than 70 square feet in size in which may be illuminated in compliance with CHAPTER 13. No printed material, video, photograph, written text, live show, or other visual presentation format shall be visible from outside the walls of the establishment, nor shall any live or recorded voices, music, or sounds be heard from outside the walls of the establishment.
12. l.
    Upon making the following findings, the BOA may modify the radius requirements contained herein:

    1. i.
       Practical difficulties or unnecessary hardships would result from the strict enforcement of the radius requirements;
    2. ii.
       The proposed use will not be injurious to property or improvements in the affected area;
    3. iii.
       The proposed use will not enlarge or encourage the development of a blighted condition within an area;
    4. iv.
       The permitting of an adult establishment in the area will not be contrary to any governmental program of neighborhood conservation, rehabilitation, improvement or revitalization; and
    5. v.
       All of the conditions for special use permits as set forth in CHAPTER 16 have been met.
13. m.
    After notice and hearing, the BOA may revoke the special use permit, following the same procedures as the approval in accordance with G.S. 160D-403(f), upon one or more of the following grounds:

    1. i.
       Failure to comply with the aforementioned standards;
    2. ii.
       Employment of any person under the age of 21;
    3. iii.
       Operating an establishment disruptive of peace and good order as evidenced by lack of sufficient on-premises security or by a conviction of a criminal offense, a material element of which occurred on the premises of the adult establishment.
    4. iv.
       Admittance of patrons younger than 21 years of age.
    5. v.
       Excessive criminal activity on or near the premises if the BOA finds that the operation of the adult establishment is related to such criminal activity or attracts transients or other persons who have been involved or are likely to be involved in such criminal activity.
    6. vi.
       Violation of any provision of CHAPTER 16 pertaining to special use permits.
    7. vii.
       Violation of any specific condition or requirement of the board of adjustment.

1. a.
   A crematory must comply with all applicable public health and environmental laws and rules and must contain the equipment and meet all of the standards established by the standards set by the North Carolina Board of Funeral Service and the North Carolina Cremation Authority.
2. b.
   Under no circumstances shall a crematory permitted as an accessory use exceed 533 cremations per year. All crematories shall adhere to the rules and regulations as prescribed in G.S. 90-210.120, "The North Carolina Crematory Act" and Title 21, Chapter 34, Subsection 34C of North Carolina Administrative Code, or any successor thereto.
3. c.
   Crematories shall only employ equipment that is contemporary and recognized by the industry and the North Carolina Board of Funeral Service and North Carolina Cremation Authority, as "Best Available Technology."
4. d.
   The Administrator may impose such additional, site-specific conditions specific as are necessary in order to protect the health, safety and general welfare of the public and to maintain conditions inimical to the normal activities of the district.

1. a.
   Outside runs, holding pens, exercise areas or other open-air type enclosures and shelters shall be located at least 200 feet from any dwelling, other than that of the owner/operator, and at least 50 feet from adjoining property lines.
2. b.
   Kennels shall be located in the side or rear yard area of any principal structure on the same parcel of land.
3. c.
   Kennels shall be designed to effectively buffer all noise audible to surrounding properties.
4. d.
   All kennels shall be surrounded by fence, wall, earthen berm, or type B buffer yard.

   1. i.
      Within NMX districts, all holding pens and runs shall be indoors, within an entirely enclosed structure. The approving authority may permit one outdoor exercise area; provided, however, that animals shall not utilize outdoor exercise areas between the hours of sunset and sunrise as set forth in the most recent Sunrise-Sunset Table as published by the North Carolina Wildlife Resources Commission.
   2. ii.
      Within NMX districts, the barking of dogs and other noises associated with the care and sheltering of animals that originate from within a kennel structure shall not be audible from the exterior of such kennel structure, and solid walls and ceilings, noise-cancelling materials, noise-cancelling electronic devices and other noise-cancelling practices and technologies shall be utilized as necessary and appropriate to achieve this requirement. The approving authority may require the operator to provide documentation and certification that a proposed new or expanding kennel will comply with this requirement.
5. e.
   A waste management plan that demonstrates compliance with applicable state and local regulations and which ensures sanitary handling of animal waste and prevents contamination or pollution of adjacent lands or water bodies shall be submitted to and approved by the administrator prior to establishment of such uses.
6. f.
   Kennels shall at all times adhere to all other applicable state and local regulations.
7. g.
   Kennels shall at all times maintain a sanitary and humane environment.
8. h.
   The approving authority may impose additional conditions upon the operation of any kennel, including but not limited to hours of operation, the size and scale of a kennel, or the number of animals to be housed within a kennel.
9. i.
   The animal control officer may conduct periodic inspections of all Kennels and shall report any violation to the approving authority. After reviewing the findings of the animal control officer and upon conclusion of the kennel operator's due process procedures as set forth in Chapters 16 and 18 of this ordinance, the approving authority may revoke permits for the operation of any kennel that has been found to be in violation of this ordinance, in accordance with G.S. 160D-403(f).

1. a.
   Equipment storage shall be permitted to include man-operated or mechanical equipment or other machinery that is in operable condition. The storage of inoperable vehicles is prohibited for this use.
2. b.
   All outdoor storage shall be located in the side and/or rear yard only.
3. c.
   Equipment storage and facilities shall be screened from off-site view from adjacent properties by a Type E buffer yard.
4. d.
   Storage of odorous materials including but not limited to manure, compost, and fertilizers shall be located at least 150 feet from property lines adjacent to GR and RMX parcels. The administrator may reduce the required setback of openly stored odorous material when measures have been taken to mitigate the effect on neighboring property as determined by the administrator.
5. e.
   Site grading shall be completed to ensure that surface run-off is directed away from any, and all material storage areas.
6. f.
   Excessive noise, dust, odor, vibration or light shall not be generated to disturb the surrounding neighborhood.
7. g.
   The hours of operation for material pick-ups, delivery, and outdoor processing operations shall be limited to 7:00 a.m. to 6:00 p.m.
8. h.
   In GR districts, parcels shall be at least two acres in size.
9. i.
   When a special use permit is required, the board of adjustment may impose additional conditions that are needed to protect public health, safety and welfare or to address unique characteristics of a particular site.

1. a.
   Major vehicle services are permitted within institutional campuses only for the purposes of maintaining vehicles associated with the operation of the campus and for instructional classes. For example, a college may operate a maintenance shop for the campus fleet and/or for instructional classes. Other vehicle service operations shall not be permitted within institutional campuses.
2. b.
   All areas where vehicles are stored temporarily shall be considered as parking lots and must comply with the provisions of CHAPTER 10. All such vehicle storage areas shall be located at the rear or side of the building.
3. c.
   No outdoor automobile work areas shall be located in front of the building.
4. d.
   All auto work areas shall be screened from adjacent properties.
5. e.
   Storage of vehicles for 15 days or more or junking of vehicles is prohibited.
6. f.
   Vehicles in storage shall be covered or fenced off and not visible from the public right-of-way.
7. g.
   Tires, equipment, replacement parts and/or accessories shall be stored inside. Discarded parts shall not be stored outside.
8. h.
   Vehicles associated with the use shall not be stored or repaired within federal, state, or local public rights-of-way, including streets and sidewalks.
9. i.
   The sale of vehicles is prohibited except as part of an approved vehicle sales establishment in appropriate districts as set forth in CHAPTER 2 of this ordinance.
10. j.
    Any fuel island shall conform to the requirements of a gas station, described herein.
11. k.
    Service areas shall be screened from visibility from adjacent residential properties or GR or RMX districts by a type A buffer yard.

1. a.
   car washes (attended and self-service),
2. b.
   car stereo and alarm system installers,
3. c.
   detailing services,
4. d.
   muffler and radiator shops,
5. e.
   quick-lube services, and
6. f.
   tire and battery sales and installation (not including recapping).

1. a.
   All areas where vehicles are stored temporarily shall be considered as parking lots and must comply with the provisions of CHAPTER 10. All such vehicle storage areas shall be located at the rear or side of the building.
2. b.
   No outdoor automobile work areas shall be located in front of the building.
3. c.
   All auto work areas shall be screened from adjacent properties.
4. d.
   Storage of vehicles for 15 days or more or junking of vehicles is prohibited.
5. e.
   Vehicles in storage shall be covered or fenced off and not visible from the public right-of-way.
6. f.
   Tires, equipment, replacement parts and/or accessories shall be stored inside. Discarded parts shall not be stored outside.
7. g.
   Vehicles associated with the use shall not be stored or repaired within federal, state, or local public rights-of-way, including streets and sidewalks.
8. h.
   The sale of vehicles is prohibited except as part of an approved vehicle sales establishment in appropriate districts as set forth in CHAPTER 2 of this ordinance.
9. i.
   Any fuel island shall conform to the requirements of a gas station, described herein.
10. j.
    Service areas shall be screened from visibility from adjacent residential properties or districts by a type A buffer yard.

1. a.
   alcoholic beverages for off-premises consumption;
2. b.
   auto/mechanical parts;
3. c.
   art supplies, crafts and fabric;
4. d.
   bicycles and recreational goods;
5. e.
   clothing and secondhand goods;
6. f.
   computers, electronic equipment;
7. g.
   convenience and pharmaceuticals;
8. h.
   flowers, plants, and garden supplies;
9. i.
   gifts and novelties;
10. j.
    groceries, produce, dry goods; and baked goods;
11. k.
    home improvement items, hardware, and appliances;
12. l.
    household products;
13. m.
    medical supplies;
14. n.
    music and musical instruments; and
15. o.
    office supplies and package shipping.

1. a.
   Location of pumps, canopies, and associated service areas.

   1. i.
      Automobile pumps, canopies, and associated service areas are prohibited in any established front yard abutting a street. Rather, they shall be located in the side or rear yard of the principal structure.
   2. ii.
      Automobile pumps, canopies, and associated service areas for gas stations on double-fronted lots and corner lots shall be situated in accordance with the adjacent schematic. On double-fronted lots, the canopy must be located in the front yard of the street of lesser classification and the principal building shall be built to the street of higher classification. On corner lots, the principal building shall be built to the corner.
   3. iii.
      All areas where vehicles are stored temporarily shall be considered as parking lots and must comply with the provisions of CHAPTER 10 of this ordinance. All such vehicle storage areas shall be located to the rear of the building.
2. b.
   Car wash facilities, if applicable, must be located in the rear yard of the principal structure and screened from view.
3. c.
   Lighting provided by canopies shall comply with the specifications contained in CHAPTER 11 of this ordinance.
4. d.
   No outdoor public address system which is audible beyond the boundaries of the property shall be permitted.
5. e.
   Any gas station that is also a vehicle service station shall conform with the requirements established herein.
6. f.
   Canopies shall be screened from visibility from adjacent residential uses or GR or RMX districts by a Type A buffer yard.

1. a.
   The establishment shall at all times be a properly licensed dealer pursuant to 18 U.S.C. § 921, et seq., or G.S. 105-80.
2. b.
   No firing or testing of weapons on site, unless as part of a permitted indoor or outdoor firing range.

1. a.
   There shall be no embalming or cremation facilities as either a principal or accessory use except where permitted by right.
2. b.
   Setbacks from all street rights-of-way and adjacent properties to a wall or grave shall be a minimum of ten feet.
3. c.
   Cemetery roads and parking areas shall be constructed of hard surfaces, in accordance with CHAPTER 10 of this ordinance. The administrator may waive curb and gutter requirements for cemetery roads upon a determination that such will not result in erosion or uncontrolled stormwater runoff. Other road and parking standards, stormwater management, and sedimentation/erosion standards shall apply.
4. d.
   Sidewalk requirements within cemeteries may be waived provided that safe pedestrian circulation can be assured. Sidewalk requirements shall apply along all public rights-of-way. Sidewalks shall connect any structure or gathering place within a cemetery to adjacent public and private sidewalks and to parking areas.
5. e.
   Mausoleums are permitted subject to the principal structure requirements of the district in which the cemetery is located.

1. a.
   The firing range shall be constructed to a standard that is at least as stringent as all standards set forth in the National Rifle Association Range Source Book and any applicable federal or state regulations or guidelines.
2. b.
   Lead particles shall at all times be contained on-site and properly contained and disposed of. Appropriate devices shall be utilized to contain lead bullets and/or shot, and such devices shall be periodically cleaned and lead particulates properly disposed of. Ventilation systems shall be designed, and other appropriate steps shall be taken, to prevent the discharge of lead from within the structure housing the indoor firing range into the external environment and to prevent the exposure of clients and employees to unsafe (as defined by applicable federal or state standards) levels of lead. The detection of lead in the external environment on the same property as the indoor firing range or off-site, or unsafe levels of lead within the structure housing the indoor firing range, shall be grounds for the revocation of a special use permit by the BOA.
3. c.
   Noise levels generated by the discharge of firearms within an indoor firing range shall not be discernable in the external environment to be measured as follows:

   1. i.
      By a decibel meter of 85DB;
   2. ii.
      Located on the same parcel of land as the range;
   3. iii.
      Located at all entrances, windows, ventilation outlets, and any other outlet to the external environment;
   4. iv.
      Located at any shared wall, on the opposite side of such wall from the range;
   5. v.
      Wielded by an independent, third party engineer or other qualified professional.
   6. vi.
      The applicant shall submit documentation from a licensed professional engineer with relevant experience, certifying that the range and the structure within which such range is to be housed has been designed to satisfy all requirements set forth above as well as any additional requirements of the BOA.
4. d.
   At least one qualified individual in the sponsoring club or organization shall be certified (NRA or equivalent, or NC Criminal Justice standards) for shooting range supervision. Each facility shall adopt safety rules and regulations as determined by the sponsoring club or organization.

1. a.
   Open burning of fires is prohibited without first obtaining a permit to do so from the fire chief (Brevard City Code Section 30-3).

1. a.
   Pools and related structures, walks and patio areas shall be set back a minimum of five feet from all side and rear property lines. Patio areas at grade have no setback requirements from rear and side lot lines.
2. b.
   ii. All pools shall be designed to prevent unsupervised access by children. Pools shall be enclosed within a secured structure or by an unclimbable privacy fence (with lockable self-latching gate) with a minimum height of four feet and a maximum of eight.

1. a.
   These requirements are intended to apply to pistol and rifle firing ranges, as well as, clay target and shot-gun shooting facilities. However, the board of adjustment shall have the authority to relax these standards as they apply to clay target and shot-gun shooting facilities upon a determination that such standards would serve no useful purpose.
2. b.
   Any pistol and rifle firing range shall be constructed to a standard that is at least as stringent as all standards set forth in the National Rifle Association Range Source Book and EPA Publication # EPA-902-B-01-001 ("Best Management Practices for Lead at Outdoor Shooting Ranges."), or any successors thereto.
3. c.
   Any clay target and shot-gun shooting facility shall be constructed to a standard that is at least as stringent as all standards set forth by the National Rifle Association (NRA).
4. d.
   No outdoor firing range shall be permitted within 1,000 feet of a school, church, adult or child daycare, family care home, hospital, or group care facility. The firing range shall be set back a minimum distance of 100 feet from any street right-of-way or property line.
5. e.
   Rifle and pistol firing ranges shall be surrounded by a natural earth embankment a minimum of 15 feet high, to either side of the direction of fire and behind the target area.
6. f.
   Firing ranges shall be surrounded on all sides by a type C buffer yard.
7. g.
   Firing ranges shall be posted "No Trespassing—Danger—Shooting Range" at 100-foot intervals around the perimeter.
8. h.
   For rifle and pistol ranges, lead particles shall at all times be contained on-site, and properly contained and disposed of. Appropriate devices shall be utilized to contain lead bullets and/or shot, and such devices shall be periodically cleaned and lead particulates properly disposed of. The detection of lead off-site shall be grounds for the revocation of a special use permit by the BOA. Appropriate measures are also to be used to contain and properly dispose of particulates at clay target and shot-gun facilities.
9. i.
   At least one qualified individual in the sponsoring club or organization shall be certified (NRA or equivalent, or N.C. Criminal Justice standards) for shooting range supervision. Each facility shall adopt safety rules and regulations as determined by the sponsoring club or organization.
10. j.
    Outdoor firing ranges shall only operate between the hours of 8:00 a.m. to 9:00 p.m., Monday through Saturday, unless other operating hours are specifically approved by the administrator.

1. a.
   farms,
2. b.
   urban farms,
3. c.
   ranches,
4. d.
   dairies,
5. e.
   horse boarding,
6. f.
   community gardens,
7. g.
   greenhouses,
8. h.
   nurseries,
9. i.
   orchards, or
10. j.
    hatcheries.

1. a.
   Areas of cultivation and accessory structures shall be set back:

   1. i.
      A minimum of five feet from side and rear lot lines.
   2. ii.
      A minimum of ten feet from any lot line abutting a street.
2. b.
   The sale of items grown on-site is prohibited unless permitted separately.
3. c.
   Property that is located in the city's ETJ and that is used for bona fide farm purposes as defined in G.S. 160D-903 is exempt from zoning regulations.

   1. i.
      This does not limit zoning regulation with respect to the use of farm property for nonfarm purposes.
   2. ii.
      Property that ceases to be used for bona fide farm purposes shall become subject to exercise of the city's zoning regulations.
   3. iii.
      For purposes of complying with state or federal law, property that is exempt from the exercise of municipal extraterritorial planning and development regulation jurisdiction shall be subject to floodplain regulation provisions.
4. d.
   Animals and livestock

   1. i.
      Per Brevard City Code Section 14-4, no person shall keep or maintain any cow, bull, calf, hog, pig, horse, mule, pony, goat or sheep or other livestock within the city limits.
   2. ii.
      Animals and livestock may be kept on property in the city’s ETJ, provided that:

      1. (A)
         No person shall keep any cows, cattle, sheep, horses, pigs, goats or other livestock within 150 feet of any neighboring, occupied residential building.
      2. (B)
         Any person owning or having the use of any stable, shed or place where any livestock is kept shall keep such place in a clean and sanitary condition.
5. e.
   For agricultural research establishments administering programs for regulating and conserving land, mineral, wildlife, and forest use, the administrator shall apply the relevant institutional or research and development categories.

1. a.
   require a NPDES permit for an industrial or stormwater discharge or
2. b.
   involve the use or storage of any hazardous materials or substances or
3. c.
   be used for the purpose of manufacturing, assembling, finishing, cleaning or developing any product or commodity.
4. d.
   rely on special power, water, or waste disposal systems for operation, so long as the noise, odor, dust, and glare of each operation are completely confined within an enclosed building, insofar as practical.

1. a.
   There shall be no outdoor storage of materials or equipment associated with the production of beer, wine or spirits.

1. a.
   Back lots/outdoor facilities;
2. b.
   indoor support facilities; and
3. c.
   Soundstages-warehouse-type facilities providing space for the construction and use of indoor sets, including supporting workshops and craft shops.

1. a.
   For a Conditional Zoning District:

   1. i.
      Primary access to heavy manufacturing uses shall be from a street that is classified no less than a minor thoroughfare.
   2. ii.
      A traffic impact study in accordance with Section 17.13 shall accompany the application for a permit. The improvements recommended by the study shall be constructed by the applicant as a condition of approval.

1. a.
   chemical storage facilities;
2. b.
   mini-warehouses and self-storage facilities;
3. c.
   junk yards / salvage yards;
4. d.
   solid waste disposal;
5. e.
   outdoor storage yards; and
6. f.
   warehouses and indoor storage.

1. a.
   Such facilities shall be operated for the disposal of land clearing waste, inert debris, untreated wood, and yard trash (i.e., leaves, brush, etc.) only. All other types of materials are prohibited.
2. b.
   No parking area or driveway shall be located within 50 feet of residentially zoned property.
3. c.
   Access roads shall be paved, with a width of at least 12 feet per travel lane, and properly maintained at all times.
4. d.
   Mud and debris shall be contained on site and shall not be deposited on off-site properties and streets. Tires shall be properly cleaned and loads shall be properly secured before leaving the property so as to prevent the discharge of mud and debris.
5. e.
   Debris reduction methods such as chipping and mulching shall be utilized to reduce the amount of debris permanently withheld on-site. Application materials shall include a written description of proposed debris reduction methods.
6. f.
   Permanent control measures are required to retain all non-compacted soils on-site. An NCDEQ-approved sedimentation and erosion control permit, as well as other applicable permits, shall be presented to the administrator prior to permit approval.
7. g.
   Facilities shall not be located within the 100-year floodplain or the regulatory floodway.
8. h.
   Adequate suitable soils shall be available for cover, either from on or off site.
9. i.
   Land clearing and inert debris landfills shall meet the following surface and ground water requirements:

   1. i.
      Facilities shall not cause a discharge of pollutants into waters of the state in violation of the requirements of the National Pollutant Discharge Elimination System (NPDES), Section 402 of the Clean Water Act, as amended;
   2. ii.
      Facilities shall not cause a discharge of dredged materials or fill material into waters of the state in violation of the requirements of Section 404 of the Clean Water Act, as amended;
   3. iii.
      Facilities shall not cause non-point source pollution of waters of the state that violates assigned water quality standards; and
   4. iv.
      Waste shall be placed above the seasonal high water table.
10. j.
    The facility shall meet the following minimum site requirements:

    1. i.
       There shall be a buffer of 50 feet from the waste boundary to all surface waters.
    2. ii.
       There shall be a buffer of 100 feet from the disposal area to property lines, residential dwellings, commercial or public buildings, and wells.
    3. iii.
       No structure shall be constructed within 50 feet of a debris deposit following the closure of a land clearing and inert debris landfill.
    4. iv.
       A facility shall be bounded on all sides by a type C buffer yard.
    5. v.
       The minimum lot size for facilities shall be five acres and the total disposal area must be less than two acres in size.
    6. vi.
       A facility shall be totally enclosed by a security fence or wall at least eight feet in height. All entrances and exits shall be secured and locked during non-operating hours.
11. k.
    Operating hours are limited to from 7:00 a.m. to 7:00 p.m. (except where requested by the Transylvania County Emergency Management Coordinator or the City of Brevard Public Works Director in response to a period of inclement weather).
12. l.
    Applicants shall submit operational plans as part of the application process. Approved operational plans shall be followed as specified for the facility.
13. m.
    The facility shall only accept such land clearing and inert debris as is specified in the permit for the facility.
14. n.
    Adequate soil cover shall be applied monthly, or when the active area reaches one acre in size, whichever occurs first.
15. o.
    One hundred twenty calendar days after completion of any phase of disposal operations, or upon revocation of a permit, the disposal area shall be covered with a minimum of one foot of suitable soil cover sloped to allow surface water runoff in a controlled manner. The administrator may require further action in order to correct any condition which is or may become injurious to the public health, or a nuisance to the community.
16. p.
    Adequate erosion control measures, structures, or devices shall be utilized to prevent silt from leaving the site and to prevent excessive on site erosion.
17. q.
    Provisions for a ground cover sufficient to restrain erosion must be accomplished within 120 calendar days upon completion of any phase of landfill development.
18. r.
    The facility shall be adequately secured by means of gates, chains, berms, fences, etc. to prevent unauthorized access during non-operating hours. An attendant shall be on duty at all times while the landfill is open for public use to assure compliance with operational requirements and to prevent acceptance of unauthorized wastes.
19. s.
    Surface water shall be diverted from the working face and shall not be impounded over waste.
20. t.
    Solid waste shall not be disposed of in water.
21. u.
    Open burning of solid waste is prohibited.
22. v.
    A sign shall be posted at the facility entrance showing the contact name and telephone number in case of an emergency along with the permit number of the facility. The permit number requirement is not applicable for facilities not requiring an individual permit.
23. w.
    Permits for land clearing and inert debris storage or disposal facilities shall expire after a period of five years, and permitted operations shall accept no more materials until a permit has been re-issued.
24. x.
    In addition to all other application materials required by CHAPTER 16 of this ordinance, the owner of a facility shall submit a certified survey depicting the property on which the landfill is to be located. Upon approval by the administrator, the owner shall file such survey with the Transylvania County Registrar of Deeds’ Office.
25. y.
    When the land on which the land clearing and inert debris landfill is sold, leased, conveyed, or transferred in any manner, the deed or other instrument of transfer shall contain in the description section, in no smaller type than that used in the body of the deed or instrument, a statement that the property has been used as a land clearing and inert debris landfill and a reference by book and page to the recordation of the notification.

1. a.
   four or more abandoned, wrecked, scrapped, ruined, or dismantled motor vehicles - or the motors, bodies, chassis, or frames thereof;
2. b.
   two or more abandoned, wrecked, scrapped, ruined, or dismantled recreational vehicles, mobile homes, or manufactured homes - or any portion of the body, frame, or shell thereof; or
3. c.
   four or more abandoned, wrecked, scrapped, ruined, or dismantled units of furniture, appliances mechanical equipment - or the dismantled components thereof.

1. a.
   Stored materials will not pose a danger to adjacent and surrounding properties, or residents, due to noise, runoff, animal or insect populations or other factors. Fluids within any vehicles or equipment are to be drained/removed and under no circumstances shall fluids or other contaminants or pollutants be leaked or discharged onto the earth or into surface or ground waters.
2. b.
   The facility shall be completely enclosed by a fence and shall be screened from view on all sides by a type D buffer yard. The fence shall be eight feet high, measured from the lowest point of grade, and shall be maintained in good condition.
3. c.
   No stored materials shall be visible from ground level immediately outside the fence.
4. d.
   The facility, including the required fence, shall be located at least 50 feet from all surface waters.
5. e.
   The minimum lot size for any such facility is two acres.
6. f.
   Facilities may not operate at any time other than between the hours of 7:00 a.m. and 6:00 p.m., Monday thru Saturday.
7. g.
   Except when an operator is on duty, facilities shall be adequately secured and locked by means of gates, chains, berms, fences, etc., to prevent unauthorized access. An attendant shall be on duty at all times while the facility is open for public use to assure compliance with operational requirements and to prevent acceptance of unauthorized materials.
8. h.
   The site shall not be located adjacent to residentially zoned property.
9. i.
   No parking area or driveway shall be located within 50 feet of residentially zoned property.
10. j.
    Access roads shall be paved, with a width of at least 12 feet per travel lane, and shall be properly maintained at all times.
11. k.
    Mud and debris shall be contained on site and shall not be deposited on off site properties and streets. Tires shall be properly cleaned and loads shall be properly secured before leaving the property so as to prevent the discharge of mud and debris.
12. l.
    Gasoline, oils, antifreeze, and other chemicals, pollutants, and potential contaminants shall be secured on-site and properly disposed of, and shall at no time be leaked, spilled, or discharged onto the earth or into surface or surface or ground water.
13. m.
    A sign shall be posted at the facility entrance showing the permit number and a contact name and number in case of an emergency. The permit number requirement is not applicable for facilities not requiring an individual permit.
14. n.
    Violations:

    1. i.
       The following actions shall constitute a violation of this ordinance, shall constitute a class I misdemeanor, and shall be subject to the enforcement provisions of CHAPTER 18 of this ordinance.

       1. (A)
          Failure to comply with sections outlined herein;
       2. (B)
          The unpermitted establishment of a new junkyard or salvage yard at any time;
       3. (C)
          Any unpermitted expansion in the area of any junkyard or salvage yard at any time;
       4. (D)
          Any violation of any requirement of these standards by any permitted junkyard or salvage yard at any time;
    2. ii.
       In addition to the enforcement procedures of CHAPTER 18, such violations shall invalidate any special use permit for the operation of a junkyard or salvage yard, and shall invalidate any pre-existing non-conforming status as established herein.
    3. iii.
       The board of adjustment shall revoke any special use permit, in accordance with G.S. 160D-403(f), and shall order the cessation of operations of any junkyard or salvage yard found to be in violation of this ordinance, shall set forth a reasonable time frame for the owner or operator to remedy the violation, and may re-issue a special use permit only when such a junkyard or salvage yard is in full compliance with this ordinance. If the owner and operator do not remedy the violation within the required time frame, the administrator shall take action to cause the cessation of all operations and to cause the owner and operator to remove the junkyard from the property.

1. a.
   Agents, merchandise or commodity brokers, and commission merchants;
2. b.
   Assemblers, buyers and associations engaged in the cooperative marketing of farm products;
3. c.
   Merchant wholesalers; and
4. d.
   Stores primarily selling electrical plumbing, heating, and air conditioning supplies and equipment.

1. a.
   office machinery and equipment, such as computers, office furniture, copiers, or fax machines;
2. b.
   heavy equipment (without operators) used for construction, mining, or forestry, such as bulldozers, earthmoving equipment, etc.;
3. c.
   other non-consumer machinery and equipment, such as manufacturing equipment and metalworking;
4. d.
   telecommunications, motion picture, or theatrical equipment;
5. e.
   institutional (i.e. public building) furniture; and
6. f.
   agricultural equipment without operators.

1. a.
   No equipment for sale may be displayed in any front yard, nor shall such displays be permitted to encroach on any required landscaping areas or buffer yards.
2. b.
   No outdoor public address system shall be permitted which can be heard beyond the boundaries of the property.
3. c.
   Maintenance and repair of bicycles may be permitted indoors. Otherwise, vehicle services shall not be permitted as part of any vehicle/heavy equipment sales establishment unless vehicle services are otherwise permitted within the district.
4. d.
   All vehicles for sale or display shall be located indoors.

1. a.
   No equipment for sale may be displayed in any front yard, nor shall such displays be permitted to encroach on any required landscaping areas or buffer yards.
2. b.
   No outdoor public address system shall be permitted which can be heard beyond the boundaries of the property.
3. c.
   Maintenance and repair of bicycles may be permitted indoors. Otherwise, vehicle services shall not be permitted as part of any vehicle/heavy equipment sales establishment unless vehicle services are otherwise permitted within the district.

1. a.
   Hours of Operation: Operating hours are limited to the hours of 7:00 AM to 7:00 PM.

1. a.
   Hours of Operation: Operating hours are limited to the hours of 7:00 AM to 7:00 PM.
2. b.
   Hours of Blasting: No blasting shall occur between 5:00 PM and 9:00 AM, nor at any time on Sundays or federal holidays.
3. c.
   Compliance with Emergency Services: All special and general provisions in the interest of public safety relating to the process of blasting prescribed by the Brevard Police Chief, Brevard Fire Chief, and/or Transylvania County Emergency Management Director shall be strictly complied with.

1. a.
   Radio transmission facilities for use by ham radio operators or two-way radio facilities for business or governmental communications shall be deemed accessory uses and not utilities, provided no transmitter or antenna tower exceeds 180 feet in height

1. a.
   antennas or antenna arrays,
2. b.
   stealth wireless telecommunication towers,
3. c.
   non-stealth wireless telecommunication towers,
4. d.
   support structures,
5. e.
   transmitters,
6. f.
   receivers,
7. g.
   base stations,
8. h.
   combiners,
9. i.
   amplifiers,
10. j.
    repeaters,
11. k.
    filters, or
12. l.
    other electronic equipment.

1. a.
   Telecommunications facilities in all districts shall be designed and installed in a manner to make them unobtrusive.
2. b.
   All facilities shall be mounted so that the personal wireless service facilities do not extend beyond the top of the building or structure on which they are mounted.
3. c.
   Facilities shall be designed to blend in with the existing structure or buildings with similar colors or other techniques as appropriate.
4. d.
   All wireless telecommunication facilities shall be set back from any GR or RMX district using a distance equivalent to the fall radius of the structure or 200 feet, whichever is greater.
5. e.
   Antenna standards.

   1. i.
      Antennas shall not interfere with the usual and customary radio and television reception accepting broadcast facilities as provided for in the regulations of the Federal Communications Commission.
   2. ii.
      Antennas shall comply with FCC and FAA guidelines. The antenna owner shall provide the city each year with a copy of any FCC and FAA license issued.
   3. iii.
      Antennas shall be restricted to the minimum standards of lighting required by the FAA. Antennas required by the FAA to have flashing lights shall utilize a dual lighting system consisting of a white strobe light for daytime lighting and a red flashing light for nighttime lighting.
   4. iv.
      Antennas and related mechanical equipment placed on structures other than towers shall be concealed antennas. Antennas located on top of buildings or other structures shall not exceed 30 percent of the building height. In no event shall an antenna extend beyond the structure in any direction greater than 25 feet.

      1. (A)
         The setback requirement above, may be exempted provided certified drawings from an engineer are given attesting that the proposed replacement tower and debris would fall within the boundary lines on which the tower is located.
   5. v.
      Antennas and supporting electrical and mechanical equipment shall be a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
   6. vi.
      Antennas erected solely for a residential, noncommercial individual use, such as residential television antennas, satellite dishes, or ham radio antennas, are exempt from these requirements.

1. a.
   Towers shall be positioned to contain on-site any ice-fall or debris from tower failure. The distance from the tower's base to any property line shall equal or exceed the tower's fall radius.
2. b.
   Towers shall be restricted to the minimum standards of lighting required by the FAA. Strobe lights shall be red at night and may be either red or white during daylight unless otherwise required by federal or state regulation.
3. c.
   A single sign, two square feet in size, shall be displayed in a visible location near the tower. The sign shall contain a number to be assigned to the company and a telephone number for 24-hour emergency contact. No other signs shall be permitted on the facility.
4. d.
   Towers shall be set back from any GR or RMX district using a distance equivalent to the fall radius of the tower or 200 feet, whichever is greater.
5. e.
   The base of the tower, along with any individual guy wires, shall be enclosed by a commercial grade fence a minimum of eight feet in height.
6. f.
   If the tower is between 120 feet and 200 feet in height, the tower shall be engineered and constructed to accommodate at least one additional telecommunication antenna.
7. g.
   At the time a tower is approved, the owner shall provide written authorization that the tower and its accessories may be shared by other telecommunication antenna(s). The owner shall record in the register of deeds' office a letter of intent prior to the issuance of the building permit. This letter shall bind all subsequent owners of the approved tower.
8. h.
   If the city or county determines that the proposed tower will be situated in a location that will enhance the city and/or county's telecommunication system, the applicant shall, prior to the issuance of a building permit, agree to allow the city and/or county to co-locate its telecommunication equipment at fair market value.
9. i.
   No telecommunication tower shall exceed 200 feet in height.
10. j.
    Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. The design of the tower and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and built environment.
11. k.
    A vegetation screen consisting of two staggered rows of evergreen trees shall surround the perimeter of the property containing the base of the tower and related equipment. Evergreen vegetation shall be of sufficient density to serve the purpose of a solid screen to keep the tower area itself from being visible from any public right-of-way or adjacent property.
12. l.
    The applicant shall provide written proof that the proposal complies with all applicable FAA and FCC regulations.
13. m.
    Replacement of existing towers. Towers existing at the time of this ordinance may be replaced one time only with a taller tower, and reviewed for approval by the administrator in lieu of the BOA, provided the replacement tower conforms to the standards detailed above, as well as the following standards:

    1. i.
       The height of the replacement tower may not exceed the height of the original tower by more than 50 feet.
    2. ii.
       The replacement tower shall be located in as close proximity to the base of the original tower as reasonably possible, and in any event, no more than 50 feet from the base of the original tower.
    3. iii.
       The replacement tower shall utilize monopole construction and shall be designed and equipped with the technological and structural capability to accommodate at least one other wireless communication carrier or provider.
    4. iv.
       The owner of the replacement tower shall provide the planning director with an affidavit stating that at least one other wireless communications carrier needs a wireless communications facility within 1,250 feet of the subject site and that such carrier has agreed to co-locate on the replacement tower.
    5. v.
       The base of the replacement tower shall be screened to the extent practical on a case-by-case basis. Solid screen (fencing) or vegetative screens, or both, shall be utilized based upon CHAPTER 8 of this ordinance.

1. a.
   All parking lots shall adhere to the applicable standards set forth in this ordinance, including CHAPTER 10 – Parking Standards and CHAPTER 8 – Tree Protection and Landscaping.
2. b.
   Parking Lots as a Principal Use in General Residential zoning district

   1. i.
      New parking lots shall be surrounded on all sides by a "Type A" buffer yard, as described in CHAPTER 8 of this ordinance, which is primarily comprised of evergreen vegetation. Parking lot shall comply with all other applicable landscaping requirements of CHAPTER 8 of this ordinance. Expansions to existing parking lots shall comply with this requirement to maximum extent practical given site conditions.
   2. ii.
      All new parking lot lighting shall be integrated into landscaping wherever possible. Low-level lights such as bollard lights (waist-high, heavy-duty fixture posts), mushroom or step-lights (ground-level fixtures that are built in to the sides or surfaces of walkways and steps) shall be utilized in lieu of traditional pole-mounted parking lot lighting. Parking lot lighting shall comply with all applicable other lighting requirements of CHAPTER 11.
   3. iii.
      New parking lots shall be constructed with stormwater control measures designed to control the stormwater run-off generated by a 25-year, 24-hour rain event (9.2 inches), and shall otherwise comply with Section 6.6.
   4. iv.
      The administrator may impose any other condition necessary to protect the residential character of the neighborhood in which the parking lot is located.

1. a.
   bus passenger terminal,
2. b.
   multi-modal facility,
3. c.
   railroad station, and
4. d.
   taxi dispatch center.