Brevard City Zoning Code

This ordinance encourages the development of a network of interconnecting streets that work to disperse traffic while connecting and integrating neighborhoods with the existing urban fabric of the city. Equally as important, the ordinance encourages the development of a network of sidewalks and bicycle lanes that provide an attractive and safe mode of travel for pedestrians and cyclists.

It is the intent of this ordinance to build streets that are integral components of community design. Streets shall be detailed to compliment neighborhoods and commercial centers and shall be pedestrian in scale. In addition to these standards, streets shall conform to the provisions of CHAPTER 11. Streets are encouraged to be designed with on-street parking.

Effective on: 1/1/1901

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

Effective on: 6/3/2024

Access management standards that regulate the connection of new driveways to the street system shall be as follows. NCDOT must approve the design and location for the connection of new driveways when located on state-maintained roadways.

1. A.
   New driveways, on public streets with curbing, shall be limited in accordance with the following standards:

2. B.
   Shared Private Drives: Whenever feasible in the interests of access management the administrator shall encourage the establishment of shared private drives and entrances with adjacent properties, and may require that driveways and entrances be situated along property lines. The approving authority may require the establishment of access easements along property lines to be reserved for future use by adjacent properties as part of any development.

   1. 1.
      Capacity – No more than 3 properties or 6 dwelling units shall use the same driveway. At all times, the shared private drive shall be maintained in a good, safe and usable condition, in good repair, and in compliance with all applicable state, county and local ordinances.
   2. 2.
      Easement – The minimum width of the easement for shared private drives shall be 30 feet.
   3. 3.
      Minimum Design and Construction – The minimum design and construction standards which apply to a public street (Section 13.5) shall apply to a shared private drive except that:

      1. a.
         All shared private drives are to be paved to City standards with a minimum width of 20 feet.
      2. b.
         Street names shall not be allowed for shared private drives. The properties with ingress and egress on the shared private drive are required to have an address on the abutting public street.
      3. c.
         Pedestrian and bicycle infrastructure shall not be required, but it is encouraged. This also includes multi-use paths and other similar types of infrastructure.

   3. 3.
      Plats - All shared private drives must be shown as such on all affected plats.
   4. 4.
      Through Streets - Through streets connecting 2 public streets may not be designated as a shared private drive.
   5. 5.
      Connections to Public Streets - All shared private drives connecting with public streets require approved driveway applications from the city (or NCDOT, if applicable).
3. C.
   Additional private access, when all frontage requirements are met: The administrator may permit the establishment of additional private rights-of-way or access easements to properties that otherwise conform to public street frontage requirements of this ordinance. 
4. D.
   Additional provisions:

   1. 1.
      The administrator shall require the closure of any nonconforming driveway or curb cut as a condition of approval of any land development application.
   2. 2.
      Single-family, duplex, and secondary dwellings on existing lots of record and new infill development lots on roads 35 mph and under shall be exempt from the "Minimum distance between driveways" standards for the first driveway, but shall meet minimum separation requirements for additional driveways. Additionally, driveway separation distances on new dead-end streets posted 30 mph and under and with no on-street parking may also be exempted by the administrator. Further modification of these requirements shall be considered by the board of adjustment.
   3. 3.
      Parking lots with a one-way drive aisle that are required to have at least two driveways in accordance with Section 10.8 may be exempt from the "minimum distance between driveways" standards. The exemption may be granted by the administrator for local and private roads and by NCDOT for state roads.
   4. 4.
      The board of adjustment may modify these requirements only after the following are satisfactorily provided by an applicant:

      1. a.
         A transportation assessment performed by an certified professional licensed in the State of North Carolina containing sufficient detail to demonstrate that the modification request does not adversely impact public safety or traffic operation; and
      2. b.
         Evidence that the modification request represents the minimum necessary to address existing site constraints or to improve site circulation stemming from urban infill and/or redevelopment.

(Ord. No. 3-07, §§ 7, 8, 2-5-07; Ord. No. 15-08, § 27, 12-5-08; Ord. No. 2014-25, § 03(Exh. C), 12-15-14; Ord. No. 2018-26, § 1(Att. A), 9-17-18; Ord. No. 2021-45 , § 1(Exh. A), 10-18-21; Ord. No. 2022-69; Ord. No. 2023-53, § 1(Exh. A), 11-6-23; Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-46, § 1(Exh. A), 12-2-24)

Effective on: 12/2/2024

The TIS is a specialized study that evaluates the effects of a development's traffic on the surrounding transportation infrastructure. It is an essential part of the development review process to assist developers and government agencies in making land use decisions involving annexations, rezonings, special land uses, and other development reviews. The TIS helps identify where the development may have a significant impact on safety, traffic and transportation operations, and provides a means for the developer and government agencies to mitigate these impacts. Ultimately, the TIS can be used to evaluate if the scale of development is appropriate for a particular site and what improvements may be necessary, on and off the site, to provide safe and efficient access and traffic flow.

1. A.
   A TIS may be required for a rezoning, conditional zoning district, group development, special use permit, or any other proposed development with an estimated trip generation of 2,000 vehicles per day or greater during an average weekday based on a five day national average as defined in the ITE Trip Generation Manual.

   Trip Generation: The sum of the number of inbound and outbound vehicle trips that are expected for the type and size of the proposed land use. For purposes of determining the requirement to submit a TIS, no adjustments such as modal split, pass-by trips, and internal capture rates will be allowed to the site traffic calculation.

   Note: Typically the following developments meet or exceed the 2,000 vehicles per day threshold:

   • 50,000 sf Retail.
   • 200 Single family homes.
   • 150,000 sf Office.
   • 250,000 sf Industrial.
   • 300 room Hotel.
2. B.
   A traffic impact analysis report shall address the impact of projected horizon year(s) traffic volumes. It shall identify the methodology used to evaluate the impact. The weekday peak hour impact shall be evaluated as well as the Saturday peak hour for those uses exhibiting high levels of weekend traffic generation.
3. C.
   Based on the findings of the analysis, if a proposed development does not meet the applicable service level standards, the applicant shall be required to upgrade the facilities in accordance with the adopted level of service program. Mitigation measures may involve strategies other than roadway construction or other physical improvements such as changes to traffic signal timing or phasing, and transportation management strategies.
4. D.
   A TIS will vary in range and complexity depending on the type and size of the proposed development. When mutually agreed by the city the requirements as described in Section 17.12 may be modified. The need for a TIS may be waived by the administrator.

(Ord. No. 15-08, § 28, 12-5-08; Ord. No. 2021-16 , § 1(Exh. A), 4-19-21; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

1. A.
   Purpose and Applicability:

   1. 1.
      To ensure adequate visibility at street intersections and driveway connections, clear sight triangles shall be required at the following locations in all zoning districts:

      1. a.
         Intersections of two or more public or private streets; and
      2. b.
         Driveways or other vehicular access points connecting to public or private streets.
   2. 2.
      The provisions of this section shall apply to:

      1. a.
         New development and redevelopment;
      2. b.
         Expansions to existing access drives; and
      3. c.
         Installation or modification of landscaping, fencing, parking, signage, or any other structures that may affect visibility within the sight triangle area.
2. B.
   Measurement of Sight Triangles:

   1. 1.
      Street intersection sight triangles shall be measured from the point of intersection of the right-of-way lines, or when no ROW exists, from the point of intersection of the pavement or road edges. 
   2. 2.
      Driveway sight triangles shall be measured from the point where the driveway edge intersects the street edge.
   3. 3.
      Sight triangles shall be formed by connecting points measured along each intersecting leg as specified in subsections C and D below.
3. C.
   Street Intersection Sight Triangles:

   1. 1.
      Minimum Required Dimensions: A clear sight triangle with legs measuring twenty-five (25) feet along each intersecting street shall be provided at all street intersections. 

      Figure 9.5A: Sight Triangles on Streets <40MPH

   2. 2.
      Increased Requirements: For roads with a speed limit of 40 MPH or higher, the minimum shall be increased to thirty-five (35) feet along each intersecting street with such a speed limit.

      Figure 9.5B: Sight Triangles on Streets ≥40

4. D.
   Driveway Sight Triangles:

   1. 1.
      Minimum Required Dimensions

      1. a.
         A clear sight triangle shall be provided at each driveway connection as follows:

         1. i.
            When connecting to public streets: fifteen (15) feet by fifty (50) feet.

            Figure 9.5C: Sight Triangles at Driveways

   2. 2.
      State-Maintained Roadways: Required sight distances for driveway connections along state-maintained roadways shall be approved by NCDOT. Where the NCDOT Driveway Manual conflicts with these standards, the stricter of the two standards shall prevail.
5. E.
   Vertical Clearance Within Sight Triangles:

   1. 1.
      Within all required sight triangle areas as defined above, no planting shall be placed or maintained and no closed fence, building, wall, sign or other structure shall be constructed if such planting or structure thereby obstructs visibility between two and one-half (2.5) feet and twelve and one-half (12.5) feet above the grade of the adjacent roadway. 

      Figure 9.5D: Sight Triangle Vertical Clearance

   2. 2.
      The following are exempt from the height limitations of this section, provided they do not materially obstruct visibility:

      1. a.
         Traffic control devices;
      2. b.
         Utility poles and utility cabinets;
      3. c.
         Fire hydrants; and
      4. d.
         Streetlights and public safety infrastructure.
6. F.
   Engineering Determination and Adjustment:

   1. 1.
      On streets with a speed limit of forty (40) MPH or higher, the Administrator may require a larger sight triangle than the minimum specified in this section where:

      1. a.
         Traffic volumes are unusually high;
      2. b.
         Documented crash history indicates a visibility concern; or
      3. c.
         In the opinion of a professional traffic engineer unique site conditions or topography warrant additional sight distance.
   2. 2.
      Engineering determinations shall be based on accepted transportation engineering practices, including applicable AASHTO and NCDOT guidance. 
7. G.
   Maintenance Responsibility:

   1. 1.
      Property owners shall be responsible for maintaining required sight triangles free of obstructions.
   2. 2.
      Failure to maintain a required sight triangle in compliance with this section shall constitute a violation of this ordinance. 

(Ord. No. 2021-30 , § 1(Exh. A), 6-21-21; Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2026-34, § 1(Exh. A), 8-3-26)

Effective on: 8/3/2026