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Chapter 7 DEVELOPMENT
ARTICLE I. - AUTHORITY, PURPOSE, JURISDICTION, AND LEGAL STATUS PROVISIONS
Sec. 7-1-1. - Authority; title.
Sec. 7-1-2. - Purpose.
Sec. 7-1-3. - Jurisdiction.
ARTICLE II. - OFFICIAL MAP, RULES OF CONSTRUCTION, AND DEFINITIONS
Sec. 7-2-1. - Official zoning maps; identification.
Sec. 7-2-2. - Interpretation of district boundaries.
Sec. 7-2-3. - General rules of construction.
Sec. 7-2-4. - Conflict or inconsistency with other laws, covenants, or deed restrictions.
Sec. 7-2-5. - Definitions.
ARTICLE III. - DECISION-MAKING, ADMINISTRATIVE AND ADVISORY BODIES
Sec. 7-3-1. - Asheville City Council.
Sec. 7-3-2. - Asheville Planning and Zoning Commission.
Sec. 7-3-3. - Board of adjustment.
Sec. 7-3-4. - Historic resources commission.
Sec. 7-3-5. - Technical review committee.
Sec. 7-3-6. - Specifications review committee.
Sec. 7-3-7. - Urban forestry commission.
Sec. 7-3-8. - Asheville Downtown Commission.
Sec. 7-3-9. - City of Asheville Planning and Development Department.
Sec. 7-3-10. - Asheville Area Riverfront Redevelopment Commission.
Sec. 7-3-11. - Asheville Design Review Committee.
ARTICLE IV. - COMPREHENSIVE PLAN
Sec. 7-4-1. - Role of the comprehensive plan.
Sec. 7-4-2. - Review of and amendments to the comprehensive plan.
ARTICLE V. - DEVELOPMENT REVIEW PROCEDURES
Sec. 7-5-1. - Permits and approvals.
Sec. 7-5-2. - Zoning permits.
Sec. 7-5-3. - Temporary use permits.
Sec. 7-5-4. - Uses by right, subject to special requirements.
Sec. 7-5-5. - Conditional use approvals.
Sec. 7-5-6. - Reserved.
Sec. 7-5-7. - Manufactured housing community (MHC) approval.
Sec. 7-5-8. - Subdivision plat approvals.
Sec. 7-5-9. - Site plan review for development projects except those on parcels zoned Central Business District and located in the Downtown Design Review Overlay District (CBD/DDR).
Sec. 7-5-9.1. - Development approval process on parcels zoned Central Business District and located in the Downtown Design Review Overlay District. (CBD/DDR)
Sec. 7-5-10. - Design Review.
Sec. 7-5-11. - Certificate of appropriateness approval.
Sec. 7-5-12. - Floodplain development.
Sec. 7-5-13. - Erosion and sedimentation control plans.
Sec. 7-5-14. - Stormwater discharge permits.
Sec. 7-5-15. - Zoning vested rights approval.
Sec. 7-5-16. - Sign permits.
Sec. 7-5-17. - Driveway access permits.
Sec. 7-5-18. - Reserved.
Sec. 7-5-19. - Certificate of occupancy.
Sec. 7-5-20. - Notices and public hearings.
Sec. 7-5-21. - Reserved.
ARTICLE VI. - VARIANCES, ADMINISTRATIVE APPEAL AND REASONABLE ACCOMMODATIONS
Sec. 7-6-1. - Variances.
Sec. 7-6-2. - Appeals of administrative decisions.
Sec. 7-6-3. - Variances for reasonable accommodations.
ARTICLE VII. - TEXT AMENDMENTS AND MAP AMENDMENTS
Sec. 7-7-1. - General.
Sec. 7-7-2. - Initiation of amendments.
Sec. 7-7-3. - Petition requirements.
Sec. 7-7-4. - Review by the Asheville Planning and Zoning Commission.
Sec. 7-7-5. - Action by the Asheville City Council.
Sec. 7-7-6 - Reserved.
Sec. 7-7-7. - Waiting period for subsequent applications.
Sec. 7-7-8. - Conditional zoning.
ARTICLE VIII. - GENERAL USE AND EXPANSION DISTRICTS
Sec. 7-8-1. - Enumeration and description of districts; designation of districts on official zoning maps.
Sec. 7-8-2. - RS-2 Residential Single-Family Low Density District.
Sec. 7-8-3. - RS-4 Residential Single-Family Medium Density District.
Sec. 7-8-4. - RS-8 Residential Single-Family High Density District.
Sec. 7-8-5. - RM-6 Residential Multi-Family Low Density District.
Sec. 7-8-6. - RM-8 Residential Multi-Family Medium Density District.
Sec. 7-8-7. - RM-16 Residential Multi-Family High Density District.
Sec. 7-8-8. - Neighborhood Business District.
Sec. 7-8-9. - Office District.
Sec. 7-8-10. - Office II District.
Sec. 7-8-11. - Office/Business District.
Sec. 7-8-12. - Community Business I District.
Sec. 7-8-13. - Community Business II District.
Sec. 7-8-14. - Resort District.
Sec. 7-8-15. - Institutional District.
Sec. 7-8-16. - Highway Business District.
Sec. 7-8-17. - Regional Business District.
Sec. 7-8-18. - Central Business District.
Sec. 7-8-19. - River District.
Sec. 7-8-20. - Commercial Industrial District.
Sec. 7-8-21. - Light Industrial District.
Sec. 7-8-22. - Industrial District.
Sec. 7-8-23. - Urban Village District.
Sec. 7-8-24. - Neighborhood Corridor District.
Sec. 7-8-25. - Urban Residential District.
Sec. 7-8-26. - Urban Place Form District.
Sec. 7-8-27. - Airport District.
Sec. 7-8-28. - Haywood Road Form District.
Sec. 7-8-29. - River Arts Form District.
Secs. 7-8-30—7-8-39. - Reserved.
Sec. 7-8-40. - Central Business Expansion District.
Sec. 7-8-41. - Commercial Expansion District.
Sec. 7-8-42. - Residential Expansion.
Secs. 7-8-43—7-8-46. - Reserved.
ARTICLE IX. - OVERLAY DISTRICTS
Sec. 7-9-1. - Resource Management Overlay District.
Sec. 7-9-2. - Historic Preservation Overlay District.
Sec. 7-9-3. - Downtown Design Review Overlay District.
Sec. 7-9-4. - Manufactured Housing Overlay District.
Sec. 7-9-5. - Manufactured Housing Community Overlay District.
Sec. 7-9-6. - Blue Ridge Parkway Overlay District.
Sec. 7-9-7. - Hotel Overlay District.
Sec. 7-9-8. - Head of Montford Transition Overlay District.
Sec. 7-9-9. - Conditional Use District.
Sec. 7-9-10. - Charlotte Street Transition Overlay District.
Sec. 7-9-11. - Adaptive Reuse Overlay District.
ARTICLE X. - GENERAL DEVELOPMENT AND PERFORMANCE STANDARDS
Sec. 7-10-1. - Number of principal buildings per lot.
Sec. 7-10-2. - Required setbacks; allowable encroachments into required setbacks.
Sec. 7-10-3. - Fences and walls.
Sec. 7-10-4. - Reserved.
Sec. 7-10-5. - Retaining walls.
Sec. 7-10-6. - Navigable airspace.
Sec. 7-10-7. - Reserved.
Sec. 7-10-8. - Neighborhood-scale multifamily design standards.
ARTICLE XI. - DEVELOPMENT AND DESIGN STANDARDS
Sec. 7-11-1. - General.
Sec. 7-11-2. - Parking, loading, and access standards.
Sec. 7-11-3. - Landscape and buffering standards.
Sec. 7-11-4. - Open space standards.
Sec. 7-11-5. - Zoning vested right.
Sec. 7-11-6. - Traffic impact analysis.
Sec. 7-11-7. - Flexible development standards.
Sec. 7-11-8. - Sidewalk requirements.
Sec. 7-11-9. - Emergency wireless communications.
Sec. 7-11-10. - Outdoor lighting standards.
ARTICLE XII. - ENVIRONMENTAL PROTECTION STANDARDS
Sec. 7-12-1. - Flood protection.
Sec. 7-12-2. - Stormwater, soil erosion and sedimentation control, illicit discharge and connection ordinance.
Sec. 7-12-3. - Protected mountain ridges.
Sec. 7-12-4. - Steep slope and ridgetop development.
Sec. 7-12-5. - Reserved.
Sec. 7-12-6. - Stormwater services utility and enterprise fund.
ARTICLE XIII. - SIGN REGULATIONS
Sec. 7-13-1. - Purpose and scope.
Sec. 7-13-2. - General provisions.
Sec. 7-13-3. - Signs prohibited or requiring additional standards in all zoning districts.
Sec. 7-13-4. - On-premises signs.
Sec. 7-13-5. - Off-premises signs.
Sec. 7-13-6. - Maintenance.
Sec. 7-13-7. - Structural and construction requirements.
Sec. 7-13-8. - Nonconforming signs.
Sec. 7-13-9. - Variances.
Sec. 7-13-10. - Reserved.
ARTICLE XIV. - ACCESSORY AND TEMPORARY USES AND STRUCTURES
Sec. 7-14-1. - Accessory uses and structures.
Sec. 7-14-2. - Temporary uses and structures.
ARTICLE XV. - SUBDIVISION REGULATIONS
Sec. 7-15-1. - Subdivisions.
ARTICLE XVI. - USES BY RIGHT, SUBJECT TO SPECIAL REQUIREMENTS AND CONDITIONAL USES
Sec. 7-16-1. - Uses by right, subject to special requirements.
Sec. 7-16-2. - Conditional uses.
ARTICLE XVII. - NONCONFORMITIES
Sec. 7-17-1. - Nonconformities—Purpose, application and definitions.
Sec. 7-17-2. - Dimensional nonconformities.
Sec. 7-17-3. - Nonconforming uses.
Sec. 7-17-4. - Maintenance, repair and replacement.
Sec. 7-17-5. - Replacement of manufactured homes.
ARTICLE XVIII. - ENFORCEMENT
Sec. 7-18-1. - Duties regarding enforcement.
Sec. 7-18-2. - Penalties for violations.
Sec. 7-18-3. - Notice of violation and citation procedure.
Sec. 7-18-4. - Action for recovery of civil penalty; action for institution of criminal process.
Sec. 7-18-5. - Summary removal of signs/sign structure; remove orders for signs/sign structure.
Sec. 7-18-6. - Injunctive relief and other remedies.
ARTICLE XIX. - TREE CANOPY PRESERVATION.
Sec. 7-19-1. - Applicability.
Sec. 7-19-2. - Tree canopy preservation requirements.
Sec. 7-19-3. - Calculation of tree canopy area.
Sec. 7-19-4. - Documentation and plan review.
Sec. 7-19-5. - Payment in lieu of compliance.
Sec. 7-19-6. - Permitting.
Sec. 7-19-7. - Enforcement.
Appendix 7-A. - Public Benefits Table.
Appendix 7-B. - Reserved
APPENDIX 7-C. - RECOMMENDED SPECIES LIST
APPENDIX 7-D. - DEVELOPMENT PROCESSES FLOW CHART
APPENDIX 7-E. - HISTORIC DISTRICT BOUNDARIES