Overview: Are STRs allowed in Brevard, NC?

Short-term rentals (STRs) are permitted in the City of Brevard, but only under specific zoning pathways and conditions established by city ordinance. The City defines STRs as private residential properties rented for less than 30 days for compensation when the owner does not reside on-site (“host‑absent”). New STR operations generally require a zoning permit or approval before opening, and compliance with occupancy, signage, lighting, and parking standards is mandatory. STRs are prohibited in the General Residential (GR) zoning district for new operations; they may be allowed in other districts via either a Special Use Permit (SUP) or Permitted Subject to Standards (PS). Existing STRs lawfully established prior to the current ordinance may be allowed to continue under grandfathering provisions.

Important: Host‑present short-term rentals (called “Homestays” under city code) are a different use category and may be allowed under different zoning pathways.

1) Market Entry: How to Start an STR Business in Brevard

1.1 Due Diligence and Property Screening

• Confirm the subject property’s zoning district and whether an STR or Homestay is allowed on that parcel (see Section 3 below).
• Determine whether the property is inside the City limits or within the Extraterritorial Jurisdiction (ETJ). City planning/zoning controls inside city limits and may extend into the ETJ.
• Verify if the property was operating as an STR prior to adoption of Ordinance 2023‑37; grandfathering rules may apply if the use is existing and lawful.
• Assess site suitability for required parking, access, and buffer/screening if a Homestay in GR (see Section 3.2 and Section 4).

1.2 Regulatory Path and Pre‑Application Steps

• New STRs require a zoning approval before opening. Contact the Planning & Zoning Department to confirm:
  • Zoning district and permitted pathway (SUP vs PS).
  • Submission package for the applicable permit (see Section 2).
• If the property is not currently approved for STR use (e.g., GR zoned and new operation), the use is prohibited; no viable path to approval.
• If the use is allowed via SUP, prepare for Board of Adjustment review (public hearing process) and plan for timelines and noticing requirements.

1.3 Application and Permitting

• Submit the required application(s) and documents to the Planning & Zoning Department:
  • Zoning permit for STR or Homestay (as applicable).
  • SUP application (if required) with site plan and supporting materials.
  • Designation of a local Primary Contact available 24/7 while the property is rented.
• After permit approval, proceed with setup and operations in full compliance with the standards in Sections 4–6.

1.4 Launch and Ongoing Operations

• Implement occupancy limits, residential lighting, no‑signage, and on‑site parking as required.
• Maintain records for annual renewal (for PS permits) or ensure ongoing compliance with SUP conditions.
• Monitor and respond promptly to neighbor or city feedback; violations can trigger enforcement (see Section 6).

2) Required Documents, Permits, Licenses, and Guidelines

2.1 Local Permits and Approvals

• Zoning Permit (Planning & Zoning Department) for STR or Homestay use.
• Special Use Permit (SUP), when required by zoning district (Board of Adjustment approval).
• Permit Validity:
  • PS Permits: Valid for one year; renew 30 days prior to expiration; include a compliance report for renewal; denial possible for violations or detrimental neighborhood impacts.
  • SUP Permits: Binding on the property; no annual renewal required; may be revoked by the Board of Adjustment for violations.

2.2 Application Requirements

• Designation of a Primary Contact who is local and available by phone 24 hours/day while the property is being rented.
• Site plan and documentation demonstrating compliance with parking, lighting, and appearance standards.
• Any materials required by the Board of Adjustment for SUP applications.

2.3 City Code Compliance References

• UDO Chapter 3.6 (Lodging Uses) for definitions and standards:
  • Short‑Term Rental (Host‑Absent)
  • Homestay (Host‑Present)
• UDO Chapter 10 (Parking Standards)
• UDO Chapter 8 (Landscaping/Buffers) for Homestay guest parking screening in GR
• UDO Chapter 16 (Administration) for permit procedures
• UDO Chapter 18 (Enforcement)

3) Zoning and Allowed Uses for STRs in Brevard

The STR regulatory framework hinges on zoning district and whether the operation is host‑absent (STR) or host‑present (Homestay).

3.1 Short‑Term Rentals (Host‑Absent)

• General Residential (GR): Prohibited for new STR operations; existing STRs established prior to the current ordinance may be allowed to continue (grandfathering).
• Residential Mixed‑Use (RMX), Neighborhood Mixed‑Use (NMX), Downtown Mixed‑Use (DMX): Allowed via Special Use Permit (SUP).
• Corridor Mixed‑Use (CMX), Institutional Campus (IC): Allowed Permitted Subject to Standards (PS).

3.2 Homestays (Host‑Present)

• GR: Allowed via SUP, with required guest parking to the rear or side of the principal structure and screened with a Type A buffer per Chapter 8.
• RMX, NMX, DMX, IC: Allowed via PS.
• CMX: Not listed in the provided use matrix for Homestay; confirm with Planning Department.

3.3 Definitions

• Short‑Term Rental (Host‑Absent): Private residential property rented for <30 days; owner is not residing on‑site.
• Homestay (Host‑Present): Owner‑occupied single‑family residence offering one or more guest rooms for <30 days; lodging is subordinate to residential use; host is present.

3.4 Exemptions (Not considered STR/Homestay)

• Incidental residential vacation rentals: No more than two rentals per calendar year, with total rented nights ≤14.
• Rentals within permitted hotels, motels, inns, rooming or boarding houses, or bed and breakfast establishments.

4) Operational Standards and Limits

4.1 Occupancy

• Overnight occupancy may not exceed two persons per bedroom plus two additional persons.
• The number of bedrooms is taken from the property’s application.
• Example: A two‑bedroom rental may have up to six occupants.

4.2 Signage

• No signs permitted for STRs or Homestays.

4.3 Appearance and Lighting

• Maintain residential character and exterior appearance.
• Exterior lighting must be residential in nature and not directed toward adjacent properties.

4.4 Parking

• Provide off‑street parking as required by UDO Chapter 10.
• Parking must be located on the same lot as the rental unit.
• For Homestays in GR: guest parking must be to the rear or side of the principal structure and screened with a Type A buffer per Chapter 8.
• Standard minimum parking ratio for lodging uses (including STRs/Homestays): 1 space per bedroom or suite.

5) Taxes and Fees

5.1 Local Taxes

• City property taxes are collected separately from county taxes. For City of Brevard property tax matters, contact:
  • Phone: 828‑885‑5610
• County property tax administration and any local occupancy/Transient Accommodation taxes may apply at the county level. Confirm applicability and registration requirements with the Transylvania County Tax Administration (no separate contact provided in the source documents).

5.2 State Sales Tax

• North Carolina base sales tax rate is 4.75%. County sales tax may apply in addition to the state rate (combined rate varies by county).
• Registration and filing obligations are handled by the North Carolina Department of Revenue (NCDOR).
  • Phone: 1‑877‑252‑3052
  • Website: dor.nc.gov

Note: City-level taxation or fee schedules for STR permits are not provided in the sources.

6) Enforcement and Compliance

• Violations of STR/Homestay standards are subject to enforcement under UDO Chapter 18.
• PS permits are annual and can be denied at renewal for violations or detrimental neighborhood impacts; SUPs can be revoked by the Board of Adjustment for code violations or failure to meet permit conditions.
• Common violation areas include occupancy, signage, lighting trespass, and parking non‑compliance.

7) North Carolina State‑Level Framework (Context)

While this guide focuses on Brevard’s city rules, investors should understand the broader state context:

• State Sales Tax: 4.75% base rate; county sales tax may be added.
• Registration and filings are managed through NCDOR (contact above).
• State-level policy discussions continue to shape local authority over STRs; investors should monitor legislative changes that could affect municipal regulation scope.

8) Contacts and Resources

8.1 City of Brevard – Planning & Zoning

• Phone: 828‑885‑5630
• Address: 95 West Main Street, Brevard, NC 28712
• Permit Portal (Planning): See Source #8
• UDO & Code Portal: See Source #4

8.2 City of Brevard – Main Line

• Phone: 828‑885‑5600

8.3 North Carolina Department of Revenue (NCDOR)

• Phone: 1‑877‑252‑3052
• Website: dor.nc.gov

9) Links to Source Pages (References)

• City of Brevard – Short‑Term Rental Task Force: Background on data gathering and regulatory adoption process
  • www.cityofbrevard.com/498/Short-Term-Rental-Task-Force
• Ordinance 2023‑37: Amendments to UDO Chapters 2 & 3 (Short‑Term Rentals)
  • www.cityofbrevard.com/DocumentCenter/View/4894/Ord-2023-37-Amending-UDO-Chapters-2-and-3---Short-Term-Rentals
• UDO Section 3.6 (Lodging Uses) – Official Codified Text
  • online.encodeplus.com/regs/brevard-nc/doc-viewer.aspx#secid-31
• UDO Amendments for Short‑Term Rentals (Attachment A): Use Matrix and Operational Standards
  • www.cityofbrevard.com/DocumentCenter/View/1259
• The Transylvania Times Coverage of STR Regulatory Adoption (Aug 2023)
  • www.transylvaniatimes.com/news/brevard-addresses-short-term-rental-properties/article_06e75700-4120-11ee-a430-27c1597c6be5.html
• Brevard – Permit Portal (applications & resources)
  • app.govwell.com/brevard
• City of Brevard Planning Department Home Page
  • www.cityofbrevard.com/153/Planning-Zoning
• City Code Portal (UDO and Code of Ordinances)
  • online.encodeplus.com/regs/brevard-nc/
• North Carolina Department of Revenue (NCDOR)
  • dor.nc.gov

Summary Checklist for STR Investors

• Verify zoning district and STR/Homestay pathway (SUP vs PS).
• Confirm grandfathering status for any existing STR operation.
• Designate a local Primary Contact available 24/7.
• Secure required zoning permit (and SUP if applicable) before opening.
• Enforce occupancy limits and maintain residential lighting/no signage.
• Provide required on‑site parking; screen Homestay guest parking in GR.
• Prepare for annual permit renewals (PS) with compliance reports.
• Register for applicable state sales tax and local property/occupancy taxes as required.
• Monitor city enforcement (Chapter 18) and neighbor relations.
• Use official portals for permits and zoning confirmation.