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Brevard council adopts amendments to Unified Development Ordinance on nonconformities
Summary
Council adopted staff-initiated amendments to multiple chapters of the Unified Development Ordinance clarifying treatment of nonconforming uses, structures and site features and adding a new "new construction" trigger for full compliance.
Brevard City Council voted to adopt staff-led amendments to the city's Unified Development Ordinance clarifying rules on nonconformities.
Planning staff planner Emily Brewer summarized the proposal as "a staff-initiated text amendment to rewrite the city's requirements and development regulations regarding nonconformities," explaining the amendments are intended to limit substantial investment in nonconformities, provide a path to gradual compliance and preserve the ordinance—s integrity. She told council the planning board unanimously recommended adoption and that the May 18 public hearing elicited no public comment but some council-requested clarifications were incorporated into the version before council.
The amendments define when a nonconformity (a use, structure, sign or site feature lawfully established but no longer compliant with current code) must be brought into compliance, including a "new construction trigger" (projects that qualify as new construction or are substantially improved at 75% or greater would require full compliance). Staff said the approach provides more nuanced standards for incremental changes, for example requiring parking-lot improvements to meet current standards when a lot is expanded.
Council discussed grandfathering terminology and asked staff about examples; staff confirmed the approach is consistent with North Carolina general statutes and the planning board's reasonableness/consistency statement was included in the packet. Council then voted to adopt the amendments as presented.
Next steps: staff will finalize ordinance language and implement the updated code provisions; the amendments will guide future permitting and redevelopment decisions.
