[For the purposes of this chapter, certain terms shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise.]
A-frame sign means a two-sided sign, hinged or attached at the top of the sign panels, identifying, advertising, or directing attention to a business(es), product(s), operation(s), or service(s) sold or offered in the building in front of which the sign is located.
Abandoned sign or sign structure means a sign or sign structure which was erected on property in conjunction with a particular use, said use having been discontinued for a period of 90 days or more or a sign of which the contents pertain to a time, event or purpose which no longer applies or which has occurred.
Accelerated erosion means any increase over the rate of natural erosion as a result of land-disturbing activities.
Access means ingress and egress to land bordering streets and roads.
Accessory apartment means a separate and complete dwelling unit that is contained on the same lot as the structure of a single-family dwelling or business.
Accessory dwelling means a residence located on premises with a main nonresidential use and occupied only by a caretaker or guard employed on the premises and, as applicable, his or her family.
Accessory dwelling unit means a separate and complete dwelling unit that is contained on the same lot as the structure of a single-family dwelling or business.
Accessory dwelling commercial caretaker means a residence located on premises with a main nonresidential use and occupied only by a caretaker or guard employed on the premises and, as applicable, his or her family.
Accessory structure means a structure that is clearly incidental to and customarily found in connection with a principal building or use, is subordinate to and serves a principal building or use and is subordinate in areas, extent and purpose to the principal building or principal use served. An accessory structure must be on the lot on which the principal use is located. For the purpose of the flood protection regulations only, accessory structure is the same as appurtenant structure.
Accessory use means a use of a nature customarily subordinate or incidental to, and located on the same lot as, the principal use of any structure or property.
Accidental discharge means a discharge prohibited by this article into the City of Asheville Stormwater System or receiving waters, which occurs by chance and without planning or consideration prior to occurrence.
Acre means 43,560 square feet.
Adaptive reuse refers to the process of adapting old structures for new purposes while retaining some of the architectural details that make the building unique.
Addition for purposes of flood protection regulations, an addition is an extension or increase in the floor area or height of a building or structure. Additions to existing buildings shall comply with the height of a building or structure. Additions to existing buildings shall comply with the requirements for new construction, unless the addition, renovation or reconstruction to any building, that was constructed prior to the initial flood insurance study for that area, and the addition, renovation or reconstruction does not equal 50 percent of the present fair market value of the structure and the first floor area does not increase more than 20 percent. Where a fire wall is provided between the addition and the existing building, the addition(s) shall be considered a separate building and must comply with the standards for new construction.
Adequate erosion control measure, structure, or device means one which controls the soil material within the land area under responsible control of the person conducting the land-disturbing activity.
Administrative decision means decisions made in the implementation, administration, or enforcement of development regulations that involve the determination of facts and the application of objective standards set forth in this chapter.
Administrative hearing means a proceeding to gather facts needed to make an administrative decision.
Administrative officer/official means one who performs ministerial or administrative functions for a department of the City of Asheville.
Adult day care home means a facility where an individual, agency or organization provides supervision or care in a home-like environment for a maximum of six adults in need of care because of physical or mental disability in a place other than their usual place of abode.
Adult day care centers means a facility where an individual, agency or organization provides supervision or care during the day time for more than six adults in need of care because of physical or mental disability in a place other than their usual place of abode.
Adult establishment means any structure or use of land that is an adult establishment as defined in N.C.G.S., sec. 14-202-10 (or its successor). This definition shall also include any operation that receives a majority of its gross income during any calendar month from the sale of sexually oriented devices as defined in N.C.G.S., sec. 14-202-10 or any operation which has sexually oriented devices as a preponderance (either in terms of the weight and importance or the volume of the materials to be sold) of its items for sale. This definition shall not include any bona fide therapeutic massage service offered by a licensed or registered medical professional or other person certified by a state or nationally recognized organization; nor shall this definition include any private or public fitness center or nonprofit community recreational facility and service organization, either of which provides massage therapy as a service incidental to the operation of a fitness center.
Affordable housing means residential housing units that are provided at or below 80 percent of the Area Median Income (AMI) levels for the Asheville area as produced yearly by the City of Asheville Community and Economic Development Department.
Agriculture means the use of land for agricultural purposes, including farming, dairying, pasturage agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or sorting the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities. Regulations addressing agriculture that does not include animals are governed by this chapter. Regulations addressing agriculture involving animals (such as but not limited to bees, dairying, pasturage agriculture, animal or poultry husbandry) are in chapter 3. All agricultural practices may be subject to further state and federal regulations.
Airside (commonly referred to as "aeronautical surfaces" or "airfield") includes those areas and/or facilities on which aircraft operations are carried out including: runways, taxiways, hangars, apron and gate areas, and all areas between these features necessary for the safe and easy movement of the aircraft and support services. Airside includes the portion of the terminal facility that is past the security screening checkpoint and is not accessible to the general public without proper security credentials or an airline boarding pass. Airside areas outside the terminal facility are also usually access controlled and are not open to the general public. Airside may or may not include open green-space.
Alley means a public way which affords only a secondary means of access to abutting property.
Alteration means any change because of construction, repair, maintenance or otherwise to buildings located within a historic district or designated as an historic property.
Alternative structure means, for antenna-mounting purposes, a structure which is not primarily constructed for the purpose of holding antennas but on which one or more antennas may be mounted. The term "alternative structures" includes, but is not limited to, buildings, silos, water tanks, pole signs, lighting standards, steeples and electric transmission towers.
American flag means the national flag of the United States of America which shall include thirteen horizontal stripes, alternate red and white; and the union of the flag shall be fifty stars, white in a blue field.
Amphitheaters and auditoriums. See Performance center.
Ancillary nonresidential use means employee or customer parking, landscaping and buffer areas, stormwater detention and related facilities associated with a principal non-residential use. The definition shall not include structures, outdoor storage, storage containers, display of goods, storage of abandoned or inoperable vehicles, or vehicles for sale.
Animated sign means any sign using flashing or intermittent lights, sound, color changes or other mechanical or electrical means to give motion to the sign or the impression of motion or movement to the sign or any sign with visible moving, revolving or relocating parts; provided, however, this shall not include time, date and temperature or electronic message signs as hereinafter defined.
Antenna means communications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services.
Antenna array means two or more antennas that operate as components of a complete antenna suite for a single wireless telecommunication facility.
Antenna, concealed means an antenna that is designed and erected on or in a building or alternative structure in such a way that it blends in with the existing façade and/or is located such that it is not readily visible to an individual at adjacent street level.
Antenna, dual-band/multi-band means an antenna with separate elements for two or more commercial wireless service frequency bands (example: Cellular and PCS or specialized mobile radio).
Appeal means a request for a review of the administrator's interpretation of any provision of this chapter.
Applicant means the party applying for permits or other approval required by this chapter.
Appraised value means the value assigned to a structure by the Buncombe County Tax Assessor or by an MAI- certified real estate appraiser.
Appurtenance means an accessory, something added to the main structure or land such as a stone wall.
Appurtenant structure means for the purpose of the flood protection regulations only, a structure located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Garages, carports, and storage sheds are common urban accessory structures. Pole barns, hay sheds, and the like qualify as accessory structures on farms, and may or may not be located on the same parcel as the farm dwelling or shop building.
Aquaculture means the hatching, raising and breeding of fish or other aquatic plants or animals for sale or personal use.
Aquatic buffer means a linear strip of land, free of built-upon area, adjacent to a lake or natural water course.
Archeological resource means material evidence of past human activity which is found below the surface of the ground or water, portions of which may be visible above the surface.
Area of shallow flooding means a designated zone AO on a community's flood insurance rate map (FIRM) with base flood depths determined to be from one to three feet. These areas are located where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
Area of special flood hazard: See "special flood hazard area (SFHA)."
Art gallery means a facility that contains a room or series of rooms where works of art are exhibited on a regular basis.
Assisted living facilities means a structure or structures containing two or more rooming units limited in occupancy and occupied by persons unable to live independently and may include spouses or partners (except for rooms or units occupied by resident staff personnel), and which provide indoor, conveniently located, shared food preparation service and major dining areas, and common recreation, social, and service facilities for the exclusive use of all residents.
For the purposes of this chapter, no facility offering independent dwelling units for habitation by those who are not resident staff to the facility, shall be considered an assisted living facility. For the purposes of this definition, an independent dwelling unit shall be any unit designed for human habitation which contains facilities for sleeping, bathing, and kitchens or food preparation areas consisting of a device for warming food, a sink to wash dishes and utensils, and a refrigerator.
ASTM means American Society for Testing and Materials.
Attached sign means any sign attached to, applied on, or supported by any part of a building, including, but not limited to, a wall, window, or projecting sign, or a sign on a canopy, awning or marquee.
Attic means habitable or uninhabitable space within a building situated within the structure of a pitched roof and above the uppermost regular story.
Authorized registered professional means a person registered, licensed, or certified pursuant to the North Carolina General Statutes and authorized by law to prepare the analysis, plans and specifications, and provide the certifications required by the various provisions of this chapter.
Automobile service station. See Motor vehicle service facility.
Auto repair establishment. See Motor vehicle service facility.
Auto salvage-wrecking yard means a lot or parcel of land on which the dismantling or wrecking of used motor vehicles or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts occurs. The presence on any lot or parcel of land of two or more motor vehicles, which, for a period exceeding 30 days, have not been capable of operating under their own power and/or from which parts have been or are to be removed for reuse or sale, shall constitute prima facie evidence of an automobile salvage-wrecking yard. The use is not allowed in any zoning district in the City of Asheville.
Awning means a temporary hood or cover which projects from the wall of a building, and which may include a type which can be retracted, folded or collapsed against the face of a supporting building.
B Corp Certification means a program established by the nonprofit B Lab that rates and certifies organizations that seek to achieve the highest standards of verified social and environmental performance, public transparency, and legal accountability to balance profit and purpose.
Bank means a mild to steep rise of land which borders and confines the flow of stormwaters or floodwaters and conveys them to some downstream discharge point; not a financial institution.
Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.
Base flood elevation (BFE) means a determination of the water surface elevations of the base flood as published in the flood insurance study. When the BFE has not been provided in a "special flood hazard area", it may be obtained from engineering studies available from a federal, state, or other source using FEMA approved engineering methodologies. This elevation, when combined with the "freeboard", establishes the "regulatory flood protection elevation."
Basement means:
(1) For the flood protection regulations found in section 7-12-1 of this chapter, basement shall mean the lowest level or story of a building which has its floor subgrade on all sides.
(2) For all other provisions of this chapter, basement shall mean the lowest level or story of a building which has its floor subgrade on any side.
Bed and breakfast inn means a private resident-occupied dwelling unit with four to eight guest rooms where overnight lodging accommodations, with or without a morning meal, are provided to transients for compensation and where the bed and breakfast inn is operated primarily as a business.
Berm means an earthen mound designed to provide visual interest on a site, screen undesirable views, reduce noise, or fulfill other such purposes.
Bedroom means a room in which you sleep.
Best management practices manual or BMP manual means the most recent version of the City of Asheville's manual of design, performance, and review criteria for stormwater management practices. Provided however, to the extent such a manual does not exist or its use has been discontinued, then the manual shall be the one adopted by the North Carolina Department of Environment and Natural Resources (NCDENR) and supplemented by the NCDENR Low-Impact Design Manual once adopted.
Block means a small section of the city enclosed by neighboring and intersection consecutive cross streets often rectangular in shape occupied by or intended for buildings for commercial, institutional or residential uses. Blocks in special circumstances may also include a length of street not bounded by a typical cross street but by significant topographic barriers or manmade features such as a ridge line, steep slope area, ravine, river, parks, bridges, cemeteries, un-subdivided acreage or other jurisdictional boundaries. This definition also includes the term "blockface."
Bluff means a steep headland, promontory, riverbank or cliff.
Board of adjustment means a board established by the Asheville City Council pursuant to N.C.G.S., sec. 160A- 388 (or its successor).
Boarding house means a resident-occupied dwelling unit which provides housing for compensation to more than four unrelated individuals; is enclosed within one structure with only one kitchen and other shared common areas such as a dining room, living room or study area, and no dining facilities or kitchens in the lodgers' rooms. In no case shall tenant rooms be rented or leased for intervals of less than one month.
Borrow means fill material which is required for on-site construction and is obtained from other locations.
Broadcast tower means a structure situated on a lot that is intended for transmitting television or radio signals.
Buffer means an area of natural or planted vegetation, or an area of such vegetation in conjunction with berms, fences, or walls serving as a separation between two areas or land uses (see also "bufferyard").
Bufferyard means a linear strip of land combined with a vertical element such as plants, berms, fences, or walls, which physically separates and screens incompatible land uses.
Buffer zone means for the floor protection regulations found in section 7-12-1 of this chapter, buffer zone shall mean the strip of land adjacent to a lake or natural watercourse, the width of which is measured from the edge of the water to the nearest edge of the disturbed area, with the 25 percent of the strip nearer the land disturbing activity containing natural or artificial means of confining visible siltation.
Building means any structure used or intended for supporting or sheltering any use or occupancy.
Building addition means new construction involving an existing building where the gross floor area of the structure is increased or where a portion of the gross floor area is relocated.
Building connection means any structure having a roof supported by columns or by walls, and intended for shelter, housing or enclosure of persons, animals, property or business activity. The connection of two buildings by means of an open porch, breezeway, passageway, carport or other such open structure, with or without a roof, shall not be deemed to make them one building. The connection of two buildings by an enclosed corridor connector where the buildings connected are not less than 50 feet apart at all points, and the connecting corridor is not less than 50 feet in length nor more than 15 feet in inside width, one story in height, and the outside walls of which contain not less than 30 percent glazing, shall not be deemed to make them one building provided the corridor has no other use than as a passage from one building to the next.
Building facade means the face of a building that delineates the edge of conditioned floor space.
Building frontage means for the sign regulations found in article XIII of this chapter, building frontage shall mean the linear length of only that portion of a building used by an individual tenant in a multiple tenant development and which faces a public street or alley.
Building frontage, primary signs means for the sign regulations found in article XIII of this chapter, building frontage, primary signs shall mean the linear length of only that portion of a building that serves as the individual tenant's primary entrance in a multiple tenant development.
Building frontage, secondary signs means for the sign regulations found in article XIII of this chapter, building frontage, secondary signs shall mean the linear length of only that portion of a building that serves as the individual tenant's secondary entrance in a multiple tenant development.
Building height means the vertical distance from the ceiling of the highest occupied floor to the primary level of fire department access; for the purposes of determining height in the central business district, height is the vertical distance measured from a single point beginning at the primary pedestrian entrance to the surface level of the highest occupied floor.
Building line means the line, parallel to the street line, that passes through the point of the principal building nearest the front lot line.
Building permit: See "permit, building."
Built upon area means that portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel area such as roads, parking lots, and paths; and recreation facilities such as tennis courts. "Built-upon area" does not include a wooden slatted deck, the water area of a swimming pool.
Business incubator means a facility or program operated by an organization, government agency, or institution that provides space, assistance, and training and/or services for start up businesses. The services may include, but shall not be limited to, shared resources for office management, copying, filing, reception duties, and similar support services. Space, services, and resources are provided to start up businesses for a limited time.
Caliper means a horticultural method of measuring the diameter of nursery stock. For trees less than four inches in diameter, the measurement should be taken at six inches above ground level. For trees greater than four inches in diameter up to and including 12 inches, the caliper measurement must be taken at 12 inches above the ground level. For trees greater than 12 inches in diameter, the trunk is measured at breast height (diameter at breast height or DBH), which is four and one-half feet above the ground.
Campground means an area or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins and tents and which is primarily used for recreational purposes and retains an open air or natural character.
Camper-trailer park means any place, area, or tract of land maintained, offered, or used for the parking of two or more camper-trailers used or intended to be used for sleeping or non-permanent living.
Canopy means a permanent attached structure which projects from and is supported by a building, which serves as a cover providing shelter or decoration and which extends beyond the building.
Canopy requirement (CR) means the defined tree canopy area that must be preserved or installed expressed as a percentage of the gross site area (GSA). The formula to obtain the quantitative requirement is GSA (square feet) x CR (Decimal Percentage) = Canopy Requirement (Square Feet).
Cat café means any premises used to house or contain homeless, orphaned, or unwanted cats and that is owned, operated, or maintained by an organization that is licensed by the State as an animal shelter and devoted to the welfare, protection, and humane treatment of animals for the purpose of adoption, and which incorporates retail sales to support the interaction of patrons with cats, such as a café, bookshop, or other permitted use.
Cemeteries, animal means a parcel of land, including associated buildings and/or structures, used for the interring of animal remains. This definition shall not be construed to include the private burial of family pets on private property.
Certificate of appropriateness means a document showing approval by the historic resources commission for work proposed in a historic district or on a historic landmark.
Certificate of compliance means a document issued by a building safety department upon satisfactory completion of a building, plumbing, mechanical, electric or gas system, and/or issued by the fire department upon satisfactory completion of a fire protection system. A certificate of compliance does not grant authority to occupy a building prior to issuance of a certificate of occupancy.
Certificate of occupancy means a document issued by the building safety department and the fire department upon final inspection of a new or remodeled/renovated building, or a change made in the occupancy, nature or use of a building or part of a building for compliance with the North Carolina State Building Code or the Asheville Fire Prevention Code and other applicable laws and ordinances. A certificate of occupancy is the sole authorization for occupancy of a building or part of a building as described herein.
Change of use means the act of eliminating the type of land use in a structure or on a lot and replacing it with another type of land use; or the act of adding another type of land use in a building or on a lot which did not previously exist there. A change of use may or may not involve any type of new construction or building renovation.
Changeable copy sign means any permanently unframed sign, illuminated or not, which is principally devoted to and designed for changeable copy text and graphics, but which specifically excludes time/date/temperature signs and electronic message signs as hereinafter defined. Changeable copy signs may involve either manual or automatic changeable copy. No changeable copy sign may have its copy changed more than two times in a 24-hour period. Any automatic changeable copy sign which changes more than two times in a 24-hour period shall be defined to be an electronic message sign. Portable or moveable signs are not considered changeable copy signs.
Channel means a natural or artificial watercourse of perceptible extent which periodically or continuously contains moving water, or which forms a connecting link between two bodies of water. It has a defined bed and banks which serve to confine the water.
Channel alterations means a change of the water-carrying capacity or flow characteristics of a natural or artificial channel by clearing, excavation, bank stabilization or other means.
Channel stabilization means erosion prevention and velocity control in a channel using jetties, drops, revetments, vegetation, and other measures.
Chemical storage facility means a building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products.
Child day care centers means a facility operated by an individual, agency, or organization which provides supervision or care on a regular basis to children who are not related by blood or marriage to, and who are not the legal wards or foster children of, the supervising adult.
Child day care homes means a facility run by an individual or family, which provides supervision or care on a regular basis in the individual's or family's home for children who are not related by blood or marriage to, and who are not the legal wards or foster children of, the supervising adult. Maximum enrollment shall be eight children.
City means City of Asheville, North Carolina.
City of Asheville Stormwater System means the conveyance or system of conveyances (including roads with drainage systems, highways, right-of-way, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, storm drains, detention ponds, and other stormwater facilities) which is (a) owned or operated by the municipalities of the City of Asheville; (b) designed or used for collecting or conveying stormwater, (c) not a combined sewer system; and (d) not part of a Publicly Owned Treatment Works (POTW).
Civic, social service, and fraternal organizations means facilities designed for a group of people formally organized for a common interest (usually cultural, religious, or entertainment) and who have regular meetings and formal written membership requirements, which may provide living quarters when oriented to college or university students.
Clean Water Act means the Federal Water Pollution Control Act, as amended, codified at 33 USC § 1251 et seq.
Clearance means the vertical distance from the established finished grade to the lowest edge of the sign.
Clinic, medical, dental, psychiatric, optical means a building or portion of a building designed and used for the diagnosis and treatment of human patients in fields such as (but not limited to) medical, dental, psychological, or chiropractic care that does not include overnight care facilities.
Cluster development means the grouping of buildings in order to conserve land resources and provide for innovation in the design of the project provided there is no increase in the overall density of the development. This term includes non-residential development as well as single-family residential subdivisions and multi-family developments that do not involve the subdivision of land.
Cluster home means the configuration of dwellings such that each single-family dwelling is on its own lot; and such that one or more of the building's sides is located directly on a lot line; and such that one or more of the sides of each building directly abuts one or more of the sides of adjacent buildings.
Clustering of buildings means a development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive areas.
Collector street means a street whose principal function is to carry traffic between cul-de-sac, local, and subcollector streets and streets of higher classification but which may also provide direct access to abutting properties.
Collocation means the installation of new wireless facilities on previously-approved structures, including towers, buildings, utility poles, and water tanks.
Combiner means a device which allows two or more wireless service providers to share an antenna or antenna array by combining signals being transmitted and separating signals being received.
Commemorative sign means any sign erected in remembrance of a historical person, place or event or which denotes, honors, celebrates or acknowledges a historical person, place or event.
Commercial wireless service provider means persons who operate radio systems requiring an FCC license and who employ those facilities to provide point-to-point microwave links for wireline communication services, fixed wireless (including microwave), or mobile wireless communication services to third parties for compensation. Commercial wireless service providers include, but are not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, competitive local exchange carriers (CLEC) utilizing point-to-multipoint microwave, and point-to-point microwave links for wireline communication services.
Common plan of development means a construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways: in separate stages; in separate phases; or in combination with other construction activities. It is identified by the documentation (including, but not limited to, a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including, but not limited to, boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot; it can include one operator of many operators.
Community facilities means an area and/or structure where a group of people living in the same locality (community) and having common interests gather for neighborhood meetings and/or recreational activities. This includes community, non-profit facilities such as, but not limited to, places of worship, recreation/community centers (which may include ballfields), schools, libraries, and volunteer fire departments.
Community identification sign means any sign erected to identify a specific community in an area or locality for which boundaries and characteristics have been established by that community and recognized by the planning and development director for the city.
Compatibility means the characteristics of different uses or activities that permit them to be located near each other in harmony and without conflict.
Comprehensive plan means the official public planning document adopted by city council as the long range advisory guide addressing the general, social, economic, and physical development of the community.
Commercial uses means service and retail facilities accessory to a multi-family development.
Commercial uses accessory to residential uses means service and retail facilities accessory to a multi-family development.
Conditional use (See "special use").
Conditional use permit (See "special use permit").
Confined animal feeding operations means an operation or business where the animal (or poultry) is confined inside a building for at least 60 percent of its life with waste products collected from the building and treated and/or disposed of either on-site or off-site.
Construction means the erection of any on-site improvements on any parcel of ground whether the site is presently improved, unimproved or becomes unimproved by demolition, destruction of the improvements located thereon by fire, windstorm or other casualty.
Construction screening means temporary and opaque material attached to a perimeter fence or barrier surrounding an active construction site for the purpose of minimizing the visual nuisance and safety issues of the subject site.
Construction sign means a sign whose message is limited to identification of architects, engineers, contractors, and other persons involved with the construction project or to the name of the building being constructed, the intended purpose of the building and the expected completion date.
Contracting with MWBE (Minority Women Business Enterprise) means the procurement of business services from a company that is at least 51 percent owned and controlled by women or minority (including, but not limited to, African Americans, Native Americans, Asians, and Hispanics) group members that live within Buncombe, Haywood, Jackson, Transylvania, Henderson, Polk, Rutherford, McDowell, Yancey, or Madison County, and which has been certified by the North Carolina Department of Transportation (NCDOT), the North Carolina Department of Administration (NCDOA) Historically Underutilized Businesses (HUB), or by the City of Asheville.
Controlled access facility means interstate, other freeway, expressway, or parkway links that provide for the expeditious movement of high volumes of traffic within and through urban areas.
Convention, conference, and/or exhibit center means a facility designed to accommodate significant numbers of persons and used for conventions, conferences, seminars, product display, recreation activities, and entertainment functions, along with accessory functions including food and beverage preparation and service for on-premises consumption.
Corner lot means a lot abutting on and at the intersection of two or more streets.
Cottage development means a cluster of small detached single-family residences constructed to specific standards and arranged around common open space generally at higher density than the underlying zoning would allow for traditional detached single-family residential development.
Cottage home means a small detached single-family residence constructed to specific design standards and arranged around common open space as part of a cottage development.
Crematories, animal means a facility designed for the cremation of animal remains.
Critical facilities means adult day care centers, child day care centers, assisted living facilities, hospitals, and medical centers.
Critical root zone means the minimum area beneath a tree which must be left undisturbed and protected from construction disturbance in order to preserve a sufficient root mass to give a tree a reasonable chance of survival. The critical root zone is delineated by a concentric circle with the tree trunk as the center. The radius of the critical root zone equals one foot for every one inch of tree diameter. Example: a 20-inch diameter tree will have a critical root zone radius of 20 feet.
Cul-de-sac means a short local street having one end open to traffic and the other end permanently terminated by a vehicular turnaround.
DBH: See "diameter at breast height."
Datum: See "regulatory flood datum."
Days means unless otherwise specified herein, calendar days.
Deciduous means a plant with foliage that is shed annually.
Demographic means the study of the characteristics of human populations, such as size, growth, density, distribution, and vital statistics.
Demolition means the complete or constructive removal of a building on any site.
Density means the number of dwelling units per acre of land.
Denuded area means any area deprived of its protective vegetative cover and left in that exposed condition.
Design storm means a soil conservation service Type II, 24-hour duration storm with a specified return or interval or as otherwise specified by the stormwater administrator.
Designated landscape buffer means a strip of real property with a minimum width of 20 feet where existing vegetation or new plantings are designed to mitigate adverse impacts between dissimilar zoning designations as described in subsection 7-11-3(d)1.
Designation means the creation of an historic district or an historic property through the passage of an ordinance by the appropriate governing body.
Detached house: See "dwelling, single-family detached."
Detached canopy means a disconnected, separate roof-like structure, including protective coverings over islands at gas stations.
Detention basin means a facility constructed or modified to restrict the flow of stormwater to a prescribed maximum rate, and to concurrently detain the excess waters that accumulate behind the outlet.
Developer means a person, including a governmental agency or redevelopment authority, who undertakes any development and who is the landowner of the property to be developed or who has been authorized by the landowner to undertake development on that property.
Development means any of the following, unless context clearly indicates otherwise: the construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure; the excavation, grading, filling, clearing, or alteration of land; the subdivision of land; the initiation or substantial change in the use of land or the intensity of use of land. This definition does not alter the scope of regulatory authority granted by this chapter.
Development approval means an administrative, legislative or quasi-judicial approval made pursuant to this chapter that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal. Development approvals include, but are not limited to, zoning permits, site plan approvals, special use permits, variances, and certificate of appropriateness. The term also includes all other regulatory approvals required by regulations adopted pursuant to this chapter, including plat approvals, permits issued, development agreements entered into, and building permits issued.
Development identification sign means a sign bearing only the name of the multiple tenant development.
Development plan means a plan or plans, prepared to scale, accurately showing all information required by these regulations with respect to the development proposal.
Development regulation means unified development ordinance, zoning regulation, subdivision regulation, erosion and sedimentation control regulation, floodplain or flood damage prevention regulation, mountain ridge protection regulation, stormwater control regulation, wireless telecommunication facility regulation, historic preservation or landmark regulation, housing code, state building code enforcement, or any other regulation adopted pursuant to this Chapter, or a local act or charter that regulates land use or development.
Development, zero lot line means a type of development which allows a residential dwelling to be built with its outside edge close to, or immediately adjacent to the line delineating the property on which it is built from the property next to it. The intent of this development pattern is that, when done in multiples, such an arrangement should maximize yard use by each occupant, without compromising distances between dwelling units.
Diameter at breast height (DBH). Means a measure tree caliper used in this ordinance and expressed in inches. DBH is measured at four feet, six inches above the ground for existing trees and at six feet above the ground for newly planted trees.
Directional sign means a sign or guide whose sole purpose is to direct pedestrian or vehicular traffic on the premises on which it is displayed. Examples include: "in," "out,", "entrance," "exit," and "driveway."
Director of building safety means the director of building safety for the City of Asheville, North Carolina or his/her staff member delegated with the authority and responsibility to carry out his/her duties.
Director of public works means the director of public works for the City of Asheville, North Carolina or his/her staff member delegated with the authority and responsibility to carry out his/her duties.
Director of public works and engineering means the person designated to serve as city engineer by the Asheville City Manager.
Discernible means, for purposes of regulating wireless telecommunication facilities, capable of being distinguished with the unaided eye from its surroundings as a telecommunication tower.
Discharge point means the point at which run-off leaves a tract of land.
Displacement means that residents or businesses leave, are forced out, or are removed due to causes such as eminent domain, lease non-renewals (actual or assumed), and evictions to make way for new development or changes of use during the 24 months before or after project application.
Disposal means, as defined in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
District means a division of an area or geographic unit marked out by law for a particular purpose.
Diversion means a channel or ridge or combination thereof which is constructed across sloping land either on the contour or at a predetermined grade which purpose is to intercept and divert surface runoff.
Dormitory means any facility that provides living accommodations with or without meals for persons not members of the same family group, in one room or a series of closely associated rooms, under joint occupancy and single management; and the use of which is associated with an institution or business which provides as its primary function, services, employment, or education to people who require temporary housing during the time of their association with said business or institution.
Drainage area means a contiguous area of land of such elevation and configuration, with respect to a given point on the earth's surface or a given station along a watercourse, that the entire surface run-off from it flows to that point, also referred to as a watershed.
Drive-through facility or establishment means a customer service facility located either within the principal structure or within an accessory structure, which is intended to enable the customer to transact business with a customer service person located within the principal structure (or with an automated service machine) without exiting the motor vehicle. It is presumed that the motor vehicle exits the premises immediately upon the transaction of business.
Driveway width means narrowest width of driveway measured parallel with the edge of the traveled way (street or highway).
Dwelling means a building that contains one or two dwelling units used, intended or designed to be used, rented, leased, let, or hired out to be occupied for living purposes.
Dwellings, duplex means a building that contains two dwelling units on one lot. The units must share a common wall, floor, or ceiling.
Dwellings, manufactured home (see Manufactured home).
Dwellings, multi-family means any building or buildings which contain more than two residential dwelling units on a single lot including, but not limited to, apartment houses and condominiums.
Dwellings, single-family detached means a single dwelling unit on its own lot that is developed with open yards on all sides, but excluding manufactured homes, mobile homes, recreational motor vehicles or trailers. (See Fig. 2-1)
Dwellings, single-family zero lot line means the location of a single-family dwelling on a lot so that one of the building's sides is located directly on a side lot line. (See Fig. 2-1)
Dwellings, townhouse means two or more single-family dwelling units having a common wall or zero setback separating units where land underneath each dwelling unit is sold with that unit. (See Fig. 2-1)
Dwelling unit means one or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets, sleeping rooms, and a kitchen.
Dwelling, upper story means multifamily dwelling(s) in an upper story.
Easement means a grant of one or more property rights by the owner to, or for the use by, the public, a corporation, or another person or entity.
Eating and/or drinking establishment means an establishment (such as but not limited to a restaurant, pub, winebar, brewpub) that offers the sale of food and/or beverages (that may include alcoholic beverages) for consumption on or off the premises.
Eave line means the point where a cornice or projection occurs at the top of an exterior building wall.
Electric transmission towers means metal, wooden or concrete towers and poles used to suspend wires transporting electricity between generating plants and substations supplying electricity to distribution and feeder lines.
Electronic gaming operation means a business enterprise, whether principal or ancillary, where persons utilize electronic machines, including, but not limited to, computers and gaming terminals, to conduct games including, but not limited to, sweepstakes, lotteries, games and/or games of chance where cash, merchandise, or other items of value are redeemed or otherwise distributed, whether or not value of such distribution is determined by electronic games played or be predetermined odds which have a finite pool of winners. This term includes, but is not limited to, internet cafes, internet sweepstakes, or cybercafes. Electronic gaming operations do not include operations associated with the official N.C. State Education Lottery or any nonprofit operation that is otherwise lawful under state law (for example, church or civic organization fundraisers) nor shall it include arcade games of skill.
Electronic message signs means signs which display changeable information in an easily comprehensible way and for which the message changes more than two times in a 24-hour period. All messages shall be visible for a minimum of three seconds and shall be kept accurate. Electronic message signs shall include tri-panel message systems. These will not be deemed to constitute changeable copy or animated signs and are permitted only on marquee signs.
Elevated building means a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
Elevation certificate the Elevation Certificate is an important administrative tool of the National Flood Insurance Program (NFIP). It is to be used to provide elevation information necessary to ensure compliance with section 7-12-1 of this chapter, to determine the proper insurance premium rate, and to support a request for a Letter of Map Amendment or Revision (LOMA or LOMR-F). Elevation Certificates must be prepared and certified by a registered professional land surveyor, engineer, or architect who is authorized by commonwealth, state, or local law to certify elevation information. Community officials who are authorized by local law or ordinance to provide floodplain management information may also sign the certificate.
Encroachment means placement of a structure(s), paved or graveled areas, soil, and/or fill material or dumping of materials within a specified area. For the purposes of the flood protection regulations only, encroachment means the advance or infringement of uses, fill, excavation, buildings, structures, or development into a floodplain, which may impede or alter the flow capacity of a floodplain.
Energy dissipater means a structure or shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high velocity flow.
Ephemeral streams mean watercourses without a well-defined channel that flow only in direct response to recent precipitation. Ephemeral streams are generally dry within 72 to 120 hours after a rainfall event. Any waters not determined to be perennial or intermittent under the definitions set forth in this section shall be deemed ephemeral waters.
Equipment enclosure means an enclosed structure, cabinet, or shelter used to contain radio or other equipment necessary for the transmission or reception of wireless communication signals.
Erect means to construct, build, raise, assemble, install, place, replace, locate, relocate, affix, attach, display, alter, use, create, paint, draw, illuminate, or in any other way bring into being or establish.
Erosion means the wearing away of land surface by the action of wind, water, gravity or any combination thereof.
Evergreen means a plant with foliage that persists and remains green year-round.
Existing construction for purpose of flood protection regulation in the determination of rates, structures for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures".
Existing manufactured home park or manufactured home subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots or spaces for rent or sale, for which the construction of facilities for servicing the lot on which the manufactured home is to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed either final site grading or the pouring of concrete pads and the construction of streets) is completed before the effective date of this chapter and for purposes of the flood protection regulations only, it shall be completed before the initial effective date of the floodplain management regulations.
Expansion means any construction that increases the size of a building or structure in terms of site coverage, height, length, width, or gross floor area.
Externally illuminated sign means any sign which reflects light from a source intentionally directed upon it, for example, by means of floodlights or externally mounted fluorescent light fixtures.
Exterior architectural features means the architectural style, general design and general arrangement of the exterior of a building or other structure, including the color, the kind and texture of the building material and the type and style of all windows, doors, light fixtures, signs and other appurtenant fixtures. In the case of outdoor advertising signs, exterior architectural features shall be construed to mean the style, material, size and location of all such signs.
Extraterritorial jurisdiction means areas located outside the corporate limits of the City of Asheville which have been included as areas for planning and regulation of development of the City of Asheville pursuant to N.C. Gen. Stat. sec. 160A-360 (or its successor).
FAA means Federal Aviation Administration.
Façade means the exterior wall of a structure or building exposed to public view or that wall viewed by persons not within the building, including parapets and wingwalls.
Façade, RF-transparent means a façade used to conceal antennas and other components of a wireless telecommunication facility which is constructed of materials that allow the free passage of radio frequency or other electromagnetic signals.
Facility means a stormwater management facility, and shall include all land, materials, and appurtenances used in construction and operation of said facility. Facilities include, but are not necessarily limited to, detention and retention basins, open channels, and storm sewers.
Fall zone means the area in which a telecommunication tower may be expected to fall in the event of a structural failure, as measured by engineering standards.
Family means one or more persons related by blood, adoption, or marriage; or a group of not more than five unrelated persons; or a number of persons not exceeding two, who are separate from, and in addition to, the persons related by blood, adoption, or marriage. For the purposes of this chapter, all members of a family shall live and cook together as a single housekeeping unit in a single dwelling unit.
Family care home means a residential dwelling unit provided by an agency, organization or individual with or without resident support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for not more than six resident handicapped persons with disabilities, as "person with disabilities" is defined in N.C. Gen. Stat. sec. 168-21 (or its successor). This definition shall include homes designed for the support of those in recovery from substance abuse or other homes for disabled persons that are not required licensing by the state.
Farm means land used for the production and activities relating to or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agricultural products having a domestic or foreign market. See "agriculture."
Farmers market means an open air market that consists of individual vendors, who set up booths, tables or stands, to sell produce, meat products, fruits and sometimes prepared foods and beverages. The products sold at the market may include non-food items however, no more than 25 percent of the items sold shall be non-food items.
FCC means Federal Communications Commission.
Fill means the placing, storing or dumping of any material such as, but not limited to, earth, clay, sand, gravel, concrete, rubble, or waste of any kind, upon the ground, in depressions or in excavations, which tends to result in increasing the ground surface elevation; also material so placed.
Fire chief means the principal fire code enforcement official of the City of Asheville.
Fire official means the designee of the fire chief for purpose of enforcement of the Asheville Fire Prevention Code.
Fish hatchery, fish farm means a facility used for the production of fish, not including processing and packaging for consumption or use.
Flag lot means a parcel of land shaped like a flag with access to the bulk of the area of the lot being provided by a narrow strip connecting to a publically maintained street or a private street built to public standards, and meeting the dimensional standards in this chapter.
Flashing sign means a sign illuminated by direct or indirect artificial light that flashes on and off in regular or irregular sequences, including, but not limited to strobe light.
Flea market, outdoor means a commercial activity, not contained in a fully enclosed building, where two or more spaces, stalls, tables, or stands are made available for a fee to the general public. Such spaces, stalls, tables, or stands are used for the purpose of the display and sale, exchange, or barter of merchandise.
Flood or flooding means:
(1) A general and temporary condition of partial or complete inundation of normally dry land areas from:
a. The overflow of inland or tidal waters;
b. The unusual and rapid accumulation of runoff or surface waters from any source; or
c. Mudslides (i.e. mudflows) which are proximately caused or precipitated by accumulations of water on or under the ground.
(2) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1)a. of this definition.
Flood control works means any manmade construction, such as, but not limited to, a dam, levee, groin, or jetty, designed to alter the flood potential of the body of water on or adjacent to which it is built.
Flood fringe area means the area of the floodplain lying outside the floodway but within the area of special flood hazard. A significant probability of damage due to flooding exists in this area.
Flood insurance means the insurance coverage provided under the National Flood Insurance Program.
Flood insurance study (FIS) means an examination, evaluation, and determination of flood hazards, corresponding water surface elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued by the Federal Emergency Management Agency.
Flood insurance rate map (FIRM) means an official map of a community, issued by the Federal Emergency Management Agency, on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated.
Flood maps means the flood boundary and floodway maps for Asheville, N.C. as provided by the FEMA, including amendments and updates, pursuant to the Flood Disaster Protection Act of 1973 (Public Law 93-234) as amended.
Floodplain means any normally dry land area that is susceptible to being inundated by flooding. Includes both the floodway and the flood fringe area. The susceptibility of this area to flooding may pose hazards for building construction.
Floodplain administrator is the individual appointed to administer and enforce the floodplain management regulations.
Floodplain development permit means any type of permit that is required in conformance with the provisions of this section, prior to the commencement of any development activity.
Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
Floodplain management regulations means this section and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power. This term describes federal, state or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.
Flood profiles means a graph or longitudinal profile showing the relationship of the water surface elevation of a flood to a location along a river or stream, as provided by the Federal Emergency Management Agency, pursuant to the Flood Disaster Protection Act of 1973 (Public Law 92-234) as amended.
Floodprone area: See "Floodplain".
Flood zone means a geographic area shown on the flood insurance rate map that reflects the severity or type of flooding in the area.
Floodproofing means structural additions, changes, or adjustments to structures subject to flooding which will reduce or eliminate flood damages to the structure, building contents, water and sewer facilities, and utilities.
Floodway means the channel of a river or other water course and the adjacent land areas in which development must be restricted in order to permit the unrestricted flow of the waters of the regulatory flood.
Floor means the top horizontal surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. For the purposes of the flood protection regulations, found in section 7-12-1 of this chapter, the term shall not include the floor of a garage used solely for parking vehicles.
Fraternities and sororities. See Civic, social service, and fraternal facilities.
Freeboard means the height added to the base flood elevation (BFE) to account for the many unknown factors that could contribute to flood heights greater that the height calculated for a selected size flood and floodway conditions, such as wave action, blockage of bridge openings, and the hydrological effect of urbanization of the watershed. The base flood elevation plus the freeboard establishes the "regulatory flood protection elevation".
Freestanding pole sign means a sign which is permanently affixed to the ground by a pole or other structure and which is not part of the building. This shall not be considered to include signs or canopies.
Functionally dependent facility means a facility which cannot be used for its intended purpose unless it is located in close proximity to water, limited to a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities.
Functionally equivalent service means FCC-licensed providers of commercial mobile radio services (CMRS) classified as cellular, personal communication services (PCS), paging, specialized mobile radio (SMR) and enhanced specialized mobile radio (ESMR).
Funeral establishment means a building used for the activity of preparation of deceased human beings for burial or cremation is the primary use of the premises. Secondary uses may include the display of the deceased, consummation of rituals connected therewith before burial or cremation, the storage of funeral vehicles and funeral supplies necessary for the preparation of the dead for burial or cremation, and for the sale of caskets, urns, and other funeral supplies.
Gasoline sales means any building, structure, or area of land used for the retail sale of automobile fuels, oils, and accessories, which may also include the sale of propane or kerosene.
Gated community means a subdivision, neighborhood or residential community where any vehicular or defined pedestrian access to more than one parcel is unavailable to the general public as the result of a barrier that may include, but would not be limited to, gates, security personnel, fences or walls. This definition would not include gates or other barriers limiting access to an individual parcel.
Gift shop. See Retail sales.
Golf course means outdoor facility with at least nine holes, including par three courses, and including driving ranges as accessory uses, but not including putt-putt, miniature golf, or driving ranges as a principal use.
Governmental sign means any sign erected by or on the order of an authorized public official which includes, but is not limited to, traffic control signs, street name and identification signs, warning and directional signs, public notices or signs of a similar nature.
Governmental user means federal, state or local governments, or agencies or instrumentalities thereof, volunteer fire departments or rescue squads which operate radio systems (including microwave) requiring an FCC license and which employ those facilities exclusively for intra-governmental or inter-governmental public service, public safety or administrative purposes.
Grade means, for the sign regulations found in article XIII of this chapter, the lowest point at which a sign is attached to the ground.
Grading means any operation intended for or resulting in the change of the surface elevation or contours of a site; to change the surface cover, either natural or manmade, of a site; to add, relocate, or remove buildings or other structures; to relocate watercourses or bodies or water, either natural or manmade; and shall include, but not be limited to, ditching, excavating, filling, trenching, dredging, tunneling, road building, clearing and grubbing of trees and stumps.
Grading means for the purposes of the Hillside Area Development standards (section of this chapter), grading shall mean any manipulation of the ground forms and the natural vegetation growing upon it.
Grading permit: See "permit, grading and stormwater."
Green Globes means Green Globes for New Construction, a program managed by the Green Building Initiative (GBI) to rate and certify green building systems.
Greenhouse means a building or structure constructed for the protection or cultivation of edible or ornamental plants. A greenhouse located in a residential district is subject to accessory structure size standards. Plants may be grown for sale or resale to an off-site commercial establishment only if deliveries are made directly from the site by the owner of the property; and no commercial traffic to or from the site may be allowed.
Greenway means a linear park established as an open space connector which may link other parks, nature reserves, cultural features, historic sites, and neighborhoods to each other.
Gross floor area means the sum of the total horizontal areas of the several floors of a building measured from the exterior faces of exterior walls and from the centerline of any party walls, if the portions of the building separated by such party walls are to be treated separately. The term gross floor area shall include any area with a ceiling height of seven feet or greater, all elevator shafts, stairway shafts, and other areas of the building except up to 1,000 square feet of the floor space occupied by mechanical, electrical, and communications equipment designed to serve only the occupants of the building shall not be included in the calculation of gross floor area when such devices are located in the basement, first floor, or penthouse of said building. Additionally, gross floor area includes areas covered by canopies and like structures under which an active use is occurring such as drive- through service, gasoline pumping, loading and/or storage of materials, and similar activities. Gross floor area does not include the floor area in parking structures/decks.
Ground cover means any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion.
Ground floor means the floor of a building that is at or nearest to the level of the ground around the building. It does not include the floor of a basement.
Ground sign means a freestanding sign flush to the ground and not elevated upon poles or stanchions and not attached to the building.
Groundwater recharge means the infiltration of water into the earth, which may increase the total amount of water stored underground or only replenish supplies depleted through pumping or natural discharge.
Group home means a residential home provided by an agency, organization or individual for persons who need sheltered living conditions for rehabilitation, but not including mentally ill persons who are dangerous to others as defined in N.C.G.S., sec. 122C-3(11)b (or its successor).
Guarantee in lieu of construction of improvements means cash, irrevocable letters of credit, bonds, or similar financial instruments deposited with and accepted by the city to insure that improvements required as part of a development will be satisfactorily completed.
Guest room means an enclosed room designed for and outfitted to be used for sleeping and/or lodging of guests. A shared space or a space designed for or outfitted to be used for any purpose other than sleeping or lodging of guests shall not be counted as a guest room (e.g. living rooms, parlors, offices, game room, or utility room).
Habitable structure means for the purpose of the flood protection regulations only, any structure which by virtue of its design, size, or appurtenances, is suitable for occupation as a residence or use for commercial purposes. This includes, but is not limited to, houses, condominiums, townhomes, restaurants, retail establishments, manufacturing buildings, commercial buildings, office buildings, manufactured homes, restroom facilities, and similar uses. Final decision as to whether any structure is considered habitable will be determined by the floodplain administrator.
Hardship means a practical difficulty in carrying out the requirements of this chapter. Unless otherwise indicated, financial difficulties, in and of themselves, do not constitute a hardship.
Hazardous material means (a) any substance defined under Section 101(14) of CERCLA; (b) any biological agent and/or other disease-causing agent as defined in Section 101(33) of CERCLA; (c) any substance listed by the U.S. Department of Transportation as a hazardous material in 49 CFT Part 172.101 and Appendices; and (d) hazardous wastes as defined in 40 CFR Part 261.3 or 49 CFR Part 171.8.
Hazardous materials storage means businesses manufacturing or storing materials listed as HI1 hazardous materials identified in the North Carolina State Building Code.
Hazardous waste management facility means, as defined in NCGS 130A, Article 9, a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste.
Height: See "building height."
Height means, for the sign regulations found in article XIII of this chapter, the vertical distance between the highest part of the sign or its supporting structure, whichever is highest, and the base of the sign at grade.
Heritage tree means any large maturing tree 30-inches in diameter, medium maturing tree 24- inches in diameter, or small maturing tree 15-inches in diameter in fair or better condition, located on private property within the city limits of Asheville. Trees presenting medium to high risk which cannot be mitigated shall not be considered heritage trees.
Highest adjacent grade (HAG) means the highest natural elevation of the ground surface, prior to construction, immediately next to the proposed walls of the structure.
High quality water zones means areas which are within one mile of and drain to high quality waters.
High quality waters means those waters classified as such in 15A NCAC 2B.0101(e)(5) - General Procedures, which is incorporated herein by reference to include further amendments, pursuant to N.C.G.S., sec. 150B-14(c).
Historic district means an overlay district established by the Asheville City Council for an area deemed to be of special significance in terms of its history, prehistory, architecture, and/or culture, and to possess integrity of design, setting, materials, feeling and/or association.
Historic landmark means any individual site, building, structure, object or artifact, above or below ground or water, which is found to be of special significance in terms of its historical, prehistorical, architectural or cultural importance and to possess integrity of design, setting, workmanship, materials, feeling and/or association and which is designated a historic landmark by either the Asheville City Council or the Buncombe County Board of Commissioners following recommendation by the Historic Resources Commission of Asheville and Buncombe County.
Historic resources commission means a joint preservation commission established under N.C.G.S. article 9 of chapter 160D (or its successor), with members appointed by the Asheville City Council and by the Buncombe County Board of Commissioners.
Historic structure means any structure that (a) is listed or has been determined to be eligible to be listed individually in the National Register of Historic Places, or (b) is a contributing building to an existing National Register district or district that has been determined to be eligible for listing in the National Register, or (c) has been designated as historic pursuant to an ordinance adopted by the City of Asheville or Buncombe County.
Home occupations means an accessory use of a dwelling unit or an accessory structure for limited non- residential purposes which is clearly incidental and subordinate to the use of the dwelling unit as a residence.
Home occupation sign means a sign used for a home occupation as defined in section 7-2-5 of this chapter.
Homestay means a lodging use that occurs within a private, resident occupied dwelling unit, and where up to two guest rooms are provided to transients for compensation for periods less than 30 days and where the use is subordinate and incidental to the main residential use of the building. A homestay may or may not have a separate kitchen, bathroom and/or entrance. A homestay is considered a "lodging" use under this UDO.
Hotel, extended stay means a large hotel, under single management, containing 36 or more individual units or suites, each providing accommodations for sleeping, sanitation and a kitchen.
Hotel, large means a commercial lodging establishment, under single management with a dedicated lobby and on-site supervisory personnel present 24 hours a day, seven days a week, containing 36 or more guest rooms offered to the general public for transient lodging accommodations and which contains in-house staff and facilities for housekeeping. Large hotels may also contain ancillary facilities or services such as laundry, dining areas, exercise rooms, swimming pools, and meeting rooms. This definition shall include extended stay hotels.
Hotel, small means a commercial lodging establishment, under single management with on-site supervisory personnel, containing seven to 35 guest rooms offered to the general public for transient lodging accommodations and which may contain ancillary facilities or services such as dining areas, exercise rooms, swimming pools, and meeting rooms. This definition shall not include extended stay hotels.
Housing certificate means a document issued by the building safety department upon satisfactory completion of an inspection of a dwelling or dwelling unit for compliance with the Asheville Minimum Housing Code.
Hydraulic: See "structure, hydraulic."
Identification sign means a sign used to identify, indicate or advertise the name, logo or other identifying symbol of a building, business, profession, institution, service, or entertainment conducted on the lot upon which the sign is located.
Illicit connection means a connection to the City of Asheville Stormwater System which results in a discharge that is not composed entirely of stormwater runoff except discharges pursuant to an NPDES permit (other than the NPDES permit for the City of Asheville MS4).
Illicit discharge means any activity not exempted herein which results in a discharge to the City of Asheville Stormwater System or receiving waters that is not composed entirely of stormwater.
Impervious means the condition of being impenetrable by water.
Impervious surface means any surface which in whole or in part, restricts or prevents the natural absorption of water into the ground. Such surfaces may include, but not be limited to, compacted earth, traffic-bearing gravel, concrete, asphalt, or other paving material, and all area covered by the footprint of buildings or structures. Uncovered slatted decks and the water area of a swimming pool, pond, or other water body are considered pervious.
Improper disposal means any disposal other than through an illicit connection that results in an illicit discharge, including, but not limited to the disposal of used oil and toxic materials resulting from the improper management of such substances.
Incidental sign means a single face professional or announcement sign attached wholly to a building, window or door containing information relative to emergencies, store hours, credit cards honored and other similar accessory information.
Industrial uses means uses that involve the assembly, packaging, processing, production, and manufacturing of goods.
Industrial uses, light means uses that involve the assembly, packaging, processing, production, and manufacturing of goods if such activities are conducted wholly within an enclosed building; and if operated in a manner that prevents external effects of the activity such as (but not limited to) smoke, soot, dirt, vibration, odor from being detectable at any property line.
Infill development refers to new development that occurs within established urban areas where the site or area is either vacant or has previously been used for another urban purpose.
Inflatable balloon sign means a sign which is inflated with air or other gases. Self-propelling aircraft and hot air balloons not tethered to the ground or a structure which include advertising are specifically excluded.
Initiate means to start work or construction of a project; by grading the site, preparing the site for foundation or footings, etc.
Intermittent stream means a natural drainage way that is shown as a dashed blue line on the most recent version of the USGS 7.5-minute quadrangle maps or depicted as a dashed line on the most recent version of the maps of the Soil Survey of Buncombe County from the U.S. Department of Agriculture shall be considered an intermittent stream for the purposes of this section.
Internally illuminated sign means any sign designed to provide artificial light either through exposed lighting on the sign face or through transparent or translucent material from a light source within the sign.
Inundation means a covering of the ground surface with water.
Island or median means an unpaved area within a parking lot or street, usually surrounded by a curb or other raised element, which is surrounded by a paved or gravel surface on at least three sides.
Joint identification sign means a sign bearing the name of individual tenants located within a multiple tenant development and which may include the name of the multiple tenant development.
Junkyard means a parcel of land on which waste material or inoperative vehicles and other machinery are collected, stored, salvaged, or sold. The use is not allowed in any zoning district in the City of Asheville.
Jurisdictional perennial or intermittent surface waters means those surface waters shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geological Survey (USGS)."
Kennel means any premises where domestic animals, such as dogs and cats, are boarded, trained, or bred for commercial or animal control purposes.
Kitchen means an area within a structure that is used or designed to be used for the preparation or cooking of food.
Lake or natural watercourse means any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary, and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment.
Land-disturbing activity means any use of the land by any person in residential, industrial, educational, institutional, or commercial development, highway and road construction and maintenance that results in a change in the natural cover (including cutting and removal of trees) or existing stable topography and that may cause or contribute to sedimentation.
Landside includes those parts of the airport serving passengers and general public including: roadways, parking facilities, surface transportation, the pre-security portion of the terminal, and other public areas of the airport buildings. Landside is generally open to public access and has no special security access requirements.
Landowner means any person who owns a legal or equitable interest in real property, including the heirs, devisees, successors, assigns, and personal representative of such owner. The landowner may allow a person holding a valid option to purchase to act as his agent or representative for purposes of submitting a plan or application under this chapter.
Large tree species means those species identified as large in the preferred species list.
Lawn means an area that consists of open, grass-covered land and is maintained at a low, even height, in close proximity to a residential or commercial structure.
LEED means Leadership in Energy and Environmental Design and is the program established by the U.S. Green Building Council to rate and certify green building systems.
Legislative decision means the adoption, amendment or repeal of a regulation under this section. The term also includes the decision to approve, amend, or rescind a development agreement consistent with articles V and VII of this chapter.
Legislative hearing means a hearing to solicit public comment on a proposed legislative decision.
Letter of credit means a written instrument issued by a financial institution at the request of a customer where the financial institution promises to honor drafts or demands for payment from a person named in the instrument upon compliance with conditions set forth in the instrument.
Level spreader means a stormwater BMP consisting of a non-erodible linear structure constructed at virtually zero percent grade that serves the purpose of converting concentrated stormwater flow into diffuse sheet flow that discharges into a vegetated area. The main purposes of level spreaders are to prevent erosion and to increase the interaction between stormwater and the vegetation and soils in a filter strip or aquatic buffer. Under diffuse, sheet flow conditions, the vegetation and soils bring about pollutant removal via filtration, infiltration, sorption, and volatilization.
Light emitting diode (LED) means diodes (electronic components that let electricity pass in only one direction) that emit visible light when electricity is applied, much like a light bulb. When many LEDs are side-by-side, they can create pictures and images.
Live-work unit means a building or space within a building that is used jointly for office/business uses allowed in the applicable zoning district and for residential use where the residential use of the space is secondary or accessory to the primary use as a place of work. For the purposes of applying density requirements, a live-work unit shall be regarded as the equivalent of 0.5 residential unit.
Living wages means that all regular full-time and part-time employees of an organization are paid wages sufficient to meet the minimum real costs of living as is most currently provided by the nonprofit organization, Just Economics of Western North Carolina.
Loading and service area means an area which is used for trash or garbage collection, vehicular loading and unloading, outdoor storage or repair, or for covered storage where the structure has no walls to screen views.
Local government means any county, incorporated village, town or city, or any combination of counties, incorporated villages, towns, and cities, acting through a joint program pursuant to the provisions of the Act.
Local street means a street whose primary function is to provide access to abutting properties.
Lodging means a land use that includes the renting of room(s) for transient stays. A dwelling unit rented or leased for intervals of less than one month is considered a "lodging" use under this UDO.
Logo means a business symbol or trademark.
Lot means, for the sign regulations found in article XIII of this chapter, any number of contiguous lots or portions thereof, upon which one or more main structures for a single use are to be erected.
Lot coverage means the amount of land covered or permitted to be covered by a building, accessory building or impervious surface, usually measured in terms of percentage of a lot.
Lot of record means a lot whose existence, location, and dimensions have been legally recorded or registered in a deed or on a plat as of December 31, 1959.
Lot width means the horizontal distance between side lot lines, measured along the street frontage.
Lowest adjacent grade (LAG) means the elevation of the ground, sidewalk, or patio slab immediately next to the building, or deck support, after completion of the building.
Lowest floor means, for the flood protection regulations found in section 7-12-1 of this chapter, the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles and/or accessory storage in an area other than a basement area, is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.
Maintain means for the sign regulations found in article XIII of this chapter, maintain shall mean to clean, paint, repair or replace defective parts of a sign in a manner that does not alter the basic design or structure of the sign.
Maintenance for the purposes of stormwater, soil erosion and sedimentation control, illicit discharge and connection regulations of section 7-12-2 means any action necessary to preserve stormwater management facilities in proper working conditions, in order to serve the intended purposes set forth in this chapter and to prevent structural failure of such facilities.
Major subdivision: See "subdivision, major."
Major thoroughfare street means major streets that provide for the expeditious movement of high volumes of traffic within and through urban areas.
Manufactured home means a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet; and which is built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein. "Manufactured home" includes any structure that meets all of the requirements of this subsection except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of HUD and complies with the standards established under the Act. For manufactured homes built before June 15, 1976, "manufactured home" means a portable manufactured housing unit designed for transportation on its own chassis and placement on a temporary or semi-permanent foundation having a measurement of over 32 feet in length and over eight feet in width. "Manufactured home" also means a double-wide manufactured home, which is two or more portable manufactured housing units designed for transportation on their own chassis that connect on site for placement on a temporary or semi-permanent foundation having a measurement of over 32 feet in length and over eight feet in width. The term "manufactured home" does not include a "recreational vehicle" or transportable structure that meets the standards set forth by HUD.
Manufactured home subdivision means a parcel (or contiguous parcels) of land divided into two or more lots for sale for manufactured homes.
Manufactured housing community (manufactured home park) means a parcel of land under single ownership that has been planned and improved for the placement of three or more manufactured homes for dwelling purposes. This definition shall include recreational buildings, service buildings, and areas necessary to provide laundry, sanitation, storage, vending machines, and other similar services provided by the facility operator for the use and convenience of the manufactured home occupants.
Map, official zoning: See "zoning map."
Marquee means a sign of a theater, auditorium, fairground or museum which advertises current and scheduled events. Marquees may include, incorporate or consist of electronic message signage.
Market value means the building value, not including the land value, and that of any accessory structures or other improvements on the lot. Market value may be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (Actual Cash Value); or adjusted tax assessed values.
Massing means the physical volume or bulk of a structure.
Maximum extent practicable means to control and treat stormwater runoff in the most effective way that can be obtained at a reasonable cost given the state of the art stormwater management and the specific conditions of the site and project. In no case shall maximum extent practicable represent a standard of management that is less effective than any applicable standard set forth in North Carolina law, including, but not limited to, 15A NCAC 2H .1008, 15A NCAC 2H .0126 and 15A NCAC 2H .1014, or in any applicable part of the City of Asheville's Best Management Practices Manual.
Mean sea level means the average height of the sea for all stages of the tide. For flood protection regulations only, mean sea level means the National Geodetic Vertical Datum (NGVD) as corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical control datum used as a reference for establishing varying elevations within the floodplain, to which base flood elevations (BFEs) shown on a FIRM are referenced. Refer to each FIRM panel to determine datum used.
Mechanical equipment means equipment, devices, and accessories, the use of which is related to water supply, drainage, heating, ventilation, air conditioning, and similar purposes.
Medium tree species means those species identified as medium in the preferred species list.
Mezzanine means a low-ceilinged story between two main stories of a building; especially an intermediate story that projects in the form of a balcony.
Menu board means a freestanding or wall mounted sign primarily designed for the display of menu items and prices for the purpose of placing orders for such items in conjunction with a restaurant utilizing drive-through service.
Microbrewery means a small facility for the brewing of beer that produces less than 15,000 barrels per year. It may often include a tasting room and retail space to sell the beer to patrons on the site.
Microcell means a wireless telecommunication facility for which all electronics (if not located within an existing and approved building) are contained in equipment enclosures which occupy less than 40 cubic feet and for which all antennas are eight feet or less in height and have a combined surface area of less than 30 square feet.
Minor subdivision: See "subdivision, minor."
Minor thoroughfare street means minor thoroughfares perform the function of collecting traffic from local access streets and carrying it to the major thoroughfare system. Minor thoroughfares may be used to supplement the major thoroughfare system by facilitating a minor through-traffic movement and may also serve; abutting property.
Mixed use development means a development project integrating different types of land uses within one or more structures; for example residential units above office and retail facilities.
Mobile food site means an individual parcel where mobile food vending is permitted to occur on a permanent basis.
Mobile food vending means commercial food service sales by a mobile food vendor on a parcel of land outside of right-of-way areas. Sites approved for permanent mobile food vending are classified as a mobile food site.
Mobile food vendor means an individual who owns and operates a vehicle (truck or trailer with a maximum of two axles) that includes a mobile kitchen or similar facility that supports the sale and/or preparation of food and non-alcoholic beverages which is licensed and approved to walk-up customers. Use of the term "mobile kitchen" in the ordinance [chapter] will be understood to include mobile kitchens and similar facilities.
Mobile home: See "manufactured home."
Moderate slope means any constructed slope with a grade of 25 percent (4:1) to a grade of 50 percent (2:1).
Modification means, for purposes of regulating wireless telecommunication facilities, the addition, removal, repositioning (other than downtilt adjustments), alteration or other material change in the number or type of antennas employed in a wireless telecommunication facility; changes in the height, size, shape or appearance of telecommunication towers; and increases in the number or size of equipment enclosures or other improvements at an existing or approved wireless telecommunication facility.
Modular home means any structure intended to be used as a residential dwelling unit which is constructed away from the site for which it is ultimately intended, meets all standards established by the North Carolina Residential Building Code, is certified as a modular home by the North Carolina Department of Insurance, is transported to its ultimate destination, assembled, and placed on a permanent foundation, and is not designed to be readily moved from that site.
Motor vehicle and boat service and repair means a building, structure, or area of land designed and used for the care, repair, or maintenance of motor vehicles or recreational boats including both minor and major mechanical overhauling, paint, and bodywork.
Motor vehicle service facility means any building, structure, or area of land used for minor motor vehicle repairs and maintenance, including the incidental sale of oil and related accessories if allowed in the zoning district.
Movie theaters means an establishment devoted to showing motion pictures. Such establishments may include related services such as food and beverage sales and other concessions.
Mudslide (i.e., mudflow) means a condition where there is a river, flow, or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on or under the ground preceded by a period of unusually heavy or sustained rain. A mudslide (i.e., mudflow) may occur as a distinct phenomenon while a landslide is in progress, and will be recognized as such by the planning and development director only if the mudflow, and not the landslide, is the proximate cause of damage that occurs.
Multi-family residential building means a building containing three or more dwelling units.
Multiple tenant development means a development in which there exists a number of individual and separate occupiable spaces and in which there are appurtenant shared ancillary facilities (such as parking areas or pedestrian mall areas) with each space having a separate and operable public entrance opening onto or leading to the area of shared facilities.
National Geodetic Vertical Datum (NGVD) means a vertical control, corrected in 1929, used as reference for establishing varying elevations within the floodplain.
Natural erosion means the wearing away of the earth's surface by water, wind, or other natural agents under natural environmental conditions undisturbed by man.
Neighborhood contact person means representative of a neighborhood or area for the purpose of providing notice regarding proposed projects, hearings, and meetings, as required by this chapter. The representative must provide, in writing, to the planning and development department the neighborhood or area he/she represents and a map which clearly delineates the neighborhood or area represented.
Neighborhood improvement means capital improvements that are implemented within a quarter mile of an urban project site (CBD, Biltmore Village, RAD) or half mile within a suburban project site that enhance public amenities, such as sidewalks and street trees.
Net zero building means Net Zero Certification, a program managed by the International Living Future Institute (ILFI) to rate and certify buildings that demonstrate 100 percent of a building's energy needs are supplied by on-site renewable energy.
New construction means structures for which the "start of construction" commenced on or after the effective date of this chapter. For the purposes of the flood protection regulations only, new construction means structures for which the "start of construction" commenced on or after the effective date of the initial floodplain management regulations and includes any subsequent improvements to such structures.
Nightclub means a place of entertainment generally open primarily in the evening offering entertainment such as music, space for dancing and/or a stage area; and usually serving alcoholic beverages and some food for consumption on the premises. Night clubs also include cabarets and lounges.
Nit means a unit of illuminative brightness equal to one candle per square meter, measured perpendicular to the rays of the source.
Non-encroachment area means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot as designated in the flood insurance study report.
Non-residential development means all development other than residential development, agriculture, and silviculture.
Nonconforming occupied lot means a lot which contained a structure on the effective date of this chapter or at the time the lot was brought into the city's jurisdiction but which does not meet the minimum requirements for width, area, front, side, or rear yard, height and/or open space for the zoning district in which it is located.
Nonconforming open uses of land means an open use on a lot when the only structures are incidental and accessory to the principal open use which was in existence prior to the effective date of this chapter or at the time the lot was brought into the city's jurisdiction and which would not be permitted by this chapter in the zoning district in which it is located. Uses such as storage yards, used car lots, auto wrecking yards, and golf driving ranges are examples of open uses.
Nonconforming sign means any sign which does not conform with the standards of this chapter.
Nonconforming use of structure means a use of a structure which existed prior to the effective date of this chapter, or at the time the lot on which the structure is sited was brought into the city's jurisdiction, and which would not be permitted in the zoning district in which it is located.
Nonconforming vacant lot means a lot which does not meet the dimensional requirements for the zoning district in which it is located, but which was recorded prior to the effective date of this chapter or prior to the time the lot was brought into the city's jurisdiction. This definition shall not be interpreted to include lots recorded prior to the adoption of this chapter which were in violation of any prior subdivision regulation of the city.
NPDES permit means the permit for stormwater discharges issued to the City of Asheville or other entities, as applicable, pursuant to the Clean Water Act and the federal stormwater discharge regulations (40 CFR 122.26).
Off-premises sign means any sign used for the purpose of displaying, advertising, identifying or directing attention to business products, operations or services sold or offered at a site other than the site where such sign is displayed.
OHWM: See "ordinary high water mark."
Official zoning map: See "zoning map."
On-premises sign means any sign used for the purpose of displaying, advertising, identifying or directing attention to a business, products, operations or services sold or offered on the lot site where the sign is located.
Open space means an area that is intended to provide light and air, and is designed for either environmental, scenic, or recreational purposes. Open space may include, but is not limited to, lawns, decorative planting, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas, and water courses. Open space shall not be deemed to include driveways, parking lots, or other surfaces designed or intended for vehicular travel.
Open use of land means the use of land for purposes primarily served by site improvements consisting of non-occupiable structures such as surface parking lots, sports fields and other improvements.
Ordinary high water mark (OHWM) means the point on the bank of the river to which presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation or other easily recognized characteristics.
Ordinary repairs and maintenance means work done on a building to prevent it from deterioration or to replace any part thereof in order to correct any deterioration, decay or damage to a building or any part thereof in order to restore such building as nearly as practical to its condition prior to such deterioration, decay or damage.
Outdoor public plaza means a public space that is located outside, is publicly accessible, and visible from a public right-of-way.
Outdoor storage means outdoor storage means the outdoor placement or leaving of goods for a continuous period longer than 24 hours for future use, disposal, or preservation; often associated with the sale, rental, distribution, or utilization of products, supplies, and/or equipment. It is normally accessory to another use. This excludes hazardous material storage, warehousing and distribution, and outdoor retail sales.
Outfall for the purposes of section 7-12-2 means the point where the City of Asheville Stormwater System discharges to waters of the United States.
Overlay district means a zoning district, as established in article IX of this chapter, which applies supplementary or replacement regulations to the underlying zoning district.
Owner means this term shall have the same meaning as the term "landowner."
Parapet means that portion of a building wall that rises above the roof line.
Park means any public or private land managed primarily as vegetated open space for recreational, aesthetic, or educational use.
Park (applicable to Central Business District) means one of the following sub-categories depending on the description below:
Large public park: An open space area with access to one or more streets that functions as a stand-alone green space. They may include active and passive uses, and usually have both hardscape features and planted landscapes. Large public parks often include a range of attractions and amenities such as public gathering areas, seating, performance areas, sculptural elements, fountains, and richly detailed landscapes. Large public parks provide crucial open space that improves the quality life for residents and visitors. Large public parks will be at least one acre in size. Pack Square Park is an example of a large public park in Asheville.
Small public park: An open space area with access to at least one street that functions as a stand-alone green space at a neighborhood scale. They may provide for active and passive use, and provide hardscape and planted landscape areas. Although they are smaller than large public parks, they can be expected to have one or more amenities for active or passive use. In the downtown Asheville Central Business District small public parks will be at least 5,000 square feet, and up to one acre in size. Pritchard Park and Triangle Park are examples of small public parks in Asheville.
Pocket park: A landscaped small area intended for passive use only that may include significant hardscape elements (such as - but not limited to - benches, artwork, fountains, and lighting) and other amenities geared toward pedestrians. They may be public or privately managed. In the urban environment pocket parks are often secondary spaces left over from development projects that may have limited access to a public street or provide a small respite area at an intersection of streets. Pocket parks provide important open spaces for residents and patrons of downtown. Sculpture and special uses are often appropriate for pocket parks. Pocket parks will be smaller than 5,000 square feet although many pocket parks are substantially smaller than this. Gracies' Garden at the corner of Lexington and Patton Avenues is an example of a pocket park in Asheville.
Plaza space: A structured open space with access to one or more streets with an emphasis on hardscape elements serving pedestrian needs. They may be public or privately owned and managed. Plaza spaces are often associated with a building or special use for which the plaza functions as an adjacent outdoor room. Landscape elements are secondary in a plaza space and are used to define the hardscape elements and streetscape. Seating, sculptural elements, shade trees and other pedestrian amenities should be included in plaza spaces. Plaza spaces will be at least 5,000 square feet in area.
Courtyard space: Open space that is generally privately managed and used by business patrons and residents of adjacent buildings. Most courtyards have access to a street although this is not a requirement. Courtyards are usually highly structured with hardscape features with landscaping used to enhance the space. Depending on the use, courtyards may have benches, tables, and other pedestrian amenities. The orientation of the courtyard space and buildings can often create a "heat island" effect that make mitigation by tree planting or shade structures important.
Peak discharge means the maximum instantaneous flow from a given storm condition at a specific location.
Pedestrian oriented design means development designed with and emphasis on pedestrian access and interest from adjoining streets and sidewalks. In pedestrian oriented design, buildings are generally placed close to the street and the main entrances are oriented to the street sidewalk; additionally, there are generally windows or display cases along building façades that face the street. Site characteristics of pedestrian oriented design typically include: site grading that enhances the relationship of the building to the adjoining street(s) and sidewalk(s) from the perspective of the pedestrian; parking facilities placed to the side or rear of the building; and the provision of pedestrian oriented amenities, such as outdoor dining areas, landscaping/hardscaping, and seating.
Perennial stream means streams or natural drainage ways that have essentially continuous flows or are shown as continuous blue lines on the most recent version of the USGS 7.5-minute quadrangle maps and depicted as a continuous line on the most recent version of the maps of the Soil Survey of Buncombe County from the U.S. Department of Agriculture shall be considered a perennial stream for the purposes of this section.
Performance center means an open, partially enclosed, or fully enclosed facility designed or intended for use for the gathering of people as an audience for presentations such as (but not limited to) music, lectures, or live theater. Performance centers include auditoriums and amphitheaters.
Performance guarantee: See "guarantee in lieu of construction of improvements."
Perimeter setback means for a tract or parcel of land in common ownership and developed according to a master plan, the distance from structures to the boundaries of the property.
Permanent habitation means occupation of a location structure(s), or building(s) by an individual(s) for residential purposes for more than 180 days.
Permit, building means a permit for work or construction which is regulated by the North Carolina State Building Code in any or all of its volumes.
Permit, grading and stormwater means the document issued by the city which allows grading and stormwater management operations to commence and to proceed in accordance with the requirements of this chapter.
Permit, provisional means the document issued by the city upon receipt of an apparently acceptable erosion control permit application showing the erosion control measures to be installed and which allows the applicant to install those measures as shown or if modifications are required, as modified.
Permitted use means a use permitted by right, that must still meet all development standards for the applicable district in section 7-8, which may limit the size or other characteristics of the use.
Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity.
Person engaged in or conducting land-disturbing activity means any person who may be held responsible for a violation under section 7-12-2 of this chapter, unless expressly provided otherwise by the Sedimentation Pollution Control Act of 1973, as amended.
Person responsible for the violation means as used in section 7-12-2 of this chapter and in N.C.G.S., sec. 113A- 64, the term means (a) the developer or other person who has or holds himself out as having financial or operational control over the land-disturbing activity; or (b) the landowner or person in possession or control of the land when he has directly or indirectly allowed the land-disturbing activity or has benefitted from it or he has failed to comply with any provision of section 7-12-2 of this chapter, the North Carolina Sedimentation Pollution Control Act of 1973, as amended (the "Act") and all rules and regulations adopted pursuant to the Act, or any order adopted pursuant to this chapter or the Act as it imposes a duty upon him.
Phase of grading means one of two types of grading, rough or fine.
Place of worship means a building(s) or structure(s) including, but not limited to, sanctuaries, accessory classrooms, meeting rooms, offices, and housing quarters for religious leaders, that are primarily intended for religious services and which operate as a private, non-profit, tax exempt institution. The term includes, but is not limited to, churches, synagogues, and temples. Child care centers, schools, recreational facilities, and other uses developed as a part of the place of worship shall meet the standards for these uses set forth for the zoning district in which they are located.
Planned community means real estate with respect to which any person, by virtue of that person's ownership of a lot, is expressly obligated by a declaration to pay real property taxes, insurance premiums, or other expenses to maintain, improve, or benefit other lots or other real estate described in the declaration. For purposes of this act, neither a cooperative nor a condominium is a planned community, but real estate comprising a condominium or cooperative may be part of a planned community. "Ownership of a lot" does not include holding a leasehold interest of less than 20 years in a lot, including renewal options.
Planning and development director means the planning and urban design director or the development services director of the City of Asheville, North Carolina, or his/her staff member delegated with the authority and responsibility to administer this chapter. Any act authorized by this chapter to be carried out by the planning and development director is, by implication, authorized to be carried out by a designee of the planning and development director.
Plant nursery means a business, usually wholesale, where edible or ornamental plants are grown and stored on open land and/or in an enclosed building awaiting transportation for replanting or resale.
Plant sales, nurseries and greenhouses means a place of business whose primary function is the sale of merchandise related to planting, maintenance, or harvesting of garden or ornamental plants and related products sold to the consumer in retail quantities, that may include a nursery or greenhouse.
Planting area means landscape area required for bufferyards, street trees, and parking lot trees.
Plat means a map, or representation on paper, of a piece of land subdivided into lots, with streets and alleys, usually drawn to scale.
Pollutant for the purposes of section 7-12-2 means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.
Portable or moveable sign means any sign designed or intended to be readily relocated and not permanently affixed to the ground or to a building. This shall include signs on wheels, trailers, truck beds or any other device which is intended to be moved from one location to another.
Post-FIRM means construction or other development for which the "start of construction" occurred before the effective date of the initial flood insurance rate map.
Pre-development state means a site in its condition prior to any development activity.
Pre-FIRM means construction or other development for which the "start of construction" occurred on or after the effective date of the initial flood insurance rate map.
Primary public safety provider means an FCC licensed governmental user which uses wireless telecommunication facilities to provide primary communications for law enforcement, fire, ambulance or related emergency services. "Primary public service provider" does not include commercial wireless service providers who provide telecommunication services on a commercial basis to primary public safety providers or who deliver emergency calls from its customers to a public safety answering point (PSAP).
Principal structure(s) means the main or predominant structure(s) in which the primary use occurs. Parcels may support more than one principal structure when said structures do not vary in gross floor area by more than 20 percent.
Principally above ground means that at least 51 percent of the actual cash value of the structure is above ground.
Private business user means persons who operate radio facilities (including microwave) requiring an FCC license solely for intra-company communications and who do not employ those facilities to offer fixed or mobile wireless communication services, or point-to-point microwave links for wireline communication services, to third parties for compensation.
Private facility means any stormwater management facility not owned and operated by the city, the County of Buncombe or the State of North Carolina.
Private street means any paved or unpaved area not owned or maintained by a governmental entity, that is meant for the conveyance of vehicular traffic and is not a parking lot, although it may pass through a parking lot and be at times indistinguishable from said parking lot.
Projecting sign means a sign end-mounted or otherwise attached to an exterior wall of a building and which projects from the wall.
Proportion means balanced relationship of parts of a building, landscape, structures, or buildings to each other and to the whole.
Public art means art in any media whose form, function and meaning are created for the general public through a public process managed or commissioned by the Asheville Public Art Program.
Public dedications means land offered or dedicated to the public (open space, park land, etc.) for the public's use.
Public facility means any stormwater management facility not owned and operated by the city, the County of Buncombe or the State of North Carolina.
Public safety and/or nuisance means anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
Public street means a dedicated public right-of-way in which the roadway has been constructed to public standards for vehicular traffic and has been accepted for maintenance by a governmental entity, but does not include alleys.
Public utility means any structure or facility transmitting a service provided by a utility company to include private systems such as telephone, electric, water and sewer, gas, power, etc. but not including utility substations, telecommunication towers, concealed telecommunication support structures, and other telecommunications devices.
Public utilities and related facilities means utility structures including, but not limited to, pumping stations, transformers, utility poles, transmission lines, and pipelines that require a specific location to provide service. No employees are housed in these facilities.
Quasi-judicial decision means a decision involving the finding of facts regarding a specific application of a development regulation and that requires the exercise of discretion when applying the standards of the regulation. The term includes, but is not limited to, decisions involving variances, special use permits, certificates of appropriateness, and appeals of administrative determinations. Decisions on subdivision plats and site plans are quasi-judicial in nature if the regulation authorizes a decision-making board to approve or deny the application based not only upon whether their application complies with the specific requirements set forth in the regulation, but also on whether the application complies with one or more regularly stated standards requiring discretionary decision on the findings to be made by the decision-making board.
Quasi-judicial hearing means an evidentiary hearing to gather competent, material, and substantial evidence in order to make findings for a quasi-judicial decision.
Receiving waters means the waters into which the City of Asheville Stormwater System outfalls flow and which are located within the jurisdictional boundaries of the City of Asheville and include, without limitation, the lakes, rivers, streams, ponds, wetlands, and groundwater of the City of Asheville.
Recreational uses, indoor. Indoor recreation means a for-profit establishment providing indoor exercise facilities and/or amusement games, either mechanical or electronic, that can be played by a customer for a fee and for which no money or prizes of significant value are paid out.
Recreational uses, governmental means facilities owned, operated, or contracted by governmental agencies for public recreational use and may include items or services related to recreation including but not limited to equipment rental or food and beverage concessions.
Recreational uses, related to residential development means recreational facilities developed in association with, and as an accessory to, planned residential developments and available for the exclusive use of the residents and their guests.
Recreational uses, restricted to membership, non-profit means recreational uses, such as country clubs, operated for recreational and social benefits of the members, guests or employees and not as a business for profit.
Recreational vehicle means, for flood protection regulations, a vehicle which is: (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use. A recreational vehicle is ready for highway use if its on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
Recycling and resource recovery. See Recycling operation.
Recycling center. See Recycling operation.
Recycling collection center means a structure or structures that serve(s) as a neighborhood drop off point for temporary storage of recoverable resources such as (but not limited to) plastic products, paper products, glass, and metal. Such centers are generally located in parking lots of commercial structures or on the property of public facilities or institutions, such as places of worship or schools.
Recycling operation means an indoor facility where recoverable resources (such as but not limited to) paper products, certain plastic products, textile products, vehicles, tires, glass and metal) are collected, stored, bought, sold, accumulated, exchanged, packaged, crushed, disassembled in order to prepare them to be processed to a reusable state.
Recycling plant means an indoor processing facility at which recoverable resources such as (but not limited to) plastic products, paper products, glass, and metal are received and processed in order to return such products to a raw, reusable state.
Redevelopment for the purposes of section 7-12-2 means any development or land-disturbing activity that does not result in a net increase in built-upon area and that provides greater or equal stormwater control than the previous development on the tract.
Reference level is the top of the lowest floor for structures within special flood hazard areas designated on the FIRM as zone A1-A30, AE, A, A99 or AO.
Regulation means any regulation, rule or requirement prepared by the city, and adopted by the City of Asheville Council pursuant to this article.
Regulatory flood means a flood event having a one percent chance of occurring in any given year, although the event may occur in any year (the 100-year flood).
Regulatory flood datum means an established plan of reference above the crest elevation of the regulatory flood.
Regulatory flood elevation means the crest elevation, in relation to mean sea level, expected to be reached by the regulatory flood at any given point in an area of special flood hazard.
Regulatory flood protection elevation means the base flood elevation plus the freeboard. In special flood hazard areas where base flood elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet of freeboard. In special flood hazard areas where no BFE has been established, this elevation shall be at least two feet above the highest adjacent grade.
Remedy a violation means, for flood protection regulations, to bring the structure or other development into compliance with local floodplain management regulations, or, if this is not possible, to reduce the impact of noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of article XVIII of this chapter or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
Renovation means the repair or remodeling of a structure in which the exterior walls, foundation and roof are maintained structurally intact.
Renovation costs: The following shall be considered when determining if the cost of work exceeds 75 percent of the structure's appraised value as determined by Buncombe County Tax Assessor or by an MAI-certified real estate appraiser; any structural work that required a building permit, cosmetic work such as but not limited to painting, carpeting, flooring, cabinet installation, façade work and reroofing. Exterior work such as landscaping and sidewalk installation shall not be included in the cost.
Reparations means providing direct financial support to the City of Asheville in order to support community reparations for Black Asheville as identified in resolution no. 20-128.
Replacement tower. See Telecommunication tower/support structure - replacement tower.
Research and technology production uses means uses such as medical, optical and scientific research facilities, software production and development, clinics and laboratories, pharmaceutical compounding and photographic processing facilities, and facilities for the assembly of electronic components, optical equipment, and precision instruments.
Residential development means a development consisting of buildings for residential uses such as attached and detached single-family dwellings, manufactured homes, apartment complexes, condominiums, townhouses, cottages, etc. and their associated outbuildings such as garages, storage buildings, gazebos, etc. and home occupations.
Resort means a lodging facility that serves as a destination point for visitors. A resort generally provides recreational facilities for persons.
Resource Management Overlay Districts. The Downtown/CBD, Urban, and Suburban Resource Management Overlay Districts shall be comprised of the following future land use districts:
Downtown/CBD: Downtown
Urban: Neighborhood Centers, Town Center, Traditional Corridor, Traditional Neighborhood, Urban Center, Urban Corridor
Suburban: Employment/Anchor Institution, Parks and Open Spaces, Regional Corridor, Industrial/Manufacturing, Residential Neighborhood
Restaurant. See Eating and/or drinking establishment.
Restricted mountain ridge means, for purposes of regulating wireless telecommunication facilities, a ridge whose elevation is 500 or more feet above the elevation of an adjacent valley floor.
Retail sales means stores selling retail goods such as, but not limited to: bakeries, bicycle shops, bookstores, candy and pastry etc., convenience stores, copying centers, delicatessens, florists, fruit/vegetable markets, gift shops, video rental stores. The size of such stores and other characteristics are governed by the development standards of the zoning district.
Retaining structure means a structure specifically designed to keep or hold an element in a particular place, condition, or position.
Retention basin means a basin designed to retain a permanent pool of water after having provided the planned detention of runoff during a storm event.
Ridge means the elongated crest or series of crests at the apex or uppermost point of intersection between two opposite slopes or sides of a mountain, and includes all land within 100 feet below the elevation of any portion of such line or surface along the crest.
Right-of-way means an area or strip of land, either public or private, on which an irrevocable right-of-passage has been recorded for use as a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or other special use.
Riparian means the characteristic of an ecological zone along bodies of water with distinct soils, plants, and wildlife characterized by an increase in moisture and different soil conditions.
River district design committee means an appointed committee having authority to review and approve requests for River District Design Major Works.
River resource corridor means a setback running approximately parallel to the sides and banks of the rivers defined and characterized by the location of critical riparian vegetation and habitat associated with the wash.
Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
Roof sign means any sign erected, constructed or maintained on, upon or over the roof of any building structure and which is wholly or partially dependent upon the roof for support.
Running lights means lighting used in conjunction with the towing of manufactured housing.
Sanctuary means a room in or that section of a place of worship containing the altar and/or where regularly scheduled primary worship services are conducted. The room or part of the place of worship may be used for other purposes also.
Sandwich board signs means any portable sign which is single or double faced, which may readily be moved from place to place, and which is intended to be used on a sidewalk or pedestrian way.
Satellite dish antenna means a device incorporating surfaces that are either solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include, but not be limited to, what are commonly referred to as satellite earth stations, TUROs, and satellite microwave antennas.
Scale means the proportional relationship of the size of the parts to one another and to the human figure.
School means a public or private institution offering a curriculum of education authorized by the State of North Carolina giving regular instruction at the primary and/or secondary level. This definition includes kindergartens, elementary schools, junior high schools, middle schools and high schools but does not include day care facilities, individual instruction, or classes in a specialized subject.
Screening means a structure or planting that conceals view from public ways or adjacent property.
Search ring means the area within which a wireless telecommunication facility must be located in order to meet service objectives of the wireless service provider using the wireless telecommunication facility or wireless support structure.
Sediment means solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin.
Sedimentation means the process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land-disturbing activity or into a lake or natural watercourse.
Self-service storage facility means a building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the storage of customer's goods or wares.
Setback means:
(1) The required minimum horizontal distance between the building line and the related front, side, or rear property line.
(2) For the sign regulations found in article XIII of this chapter, setback shall mean the horizontal distance between the leading face of the curb of a street and the closest point of a sign or sign structure on such lot. Where there is no curb, the measurement shall be made from the edge of the pavement.
Severe slope means a constructed slope with a grade of greater than 50 percent (2:1).
Shared access means the mutual use of one or more points of ingress or egress by establishments on separate lots.
Shared parking means the development and use of parking areas on two or more separate properties for joint use by the businesses on those properties.
Shelter means a nonprofit, charitable, or religious organization providing boarding and/or lodging and ancillary services on its premises to primarily indigent, needy, homeless, or transient persons.
Shrub means a woody deciduous or evergreen plant which consists of a number of small branches from or near the ground.
Short-term vacation rental means a dwelling unit with up to six guest rooms that is used and/or advertised through an online platform, or other media, for transient occupancy for a period of less than one month. A short- term vacation rental is considered a "Lodging" use under this UDO.
Siding means the exterior wall covering of a structure.
Sign means any words, lettering numerals, parts of letters or numerals, figures, phrases, sentences, emblems, devices, designs, trade names, or trademarks by which anything is known, made of any material, except live vegetation, including any surface, fabric, or other material background structure designed to carry such devices, as are used to designate or attract attention. This definition shall not be interpreted to include awnings except for the portion of an awning that contains a message, logo, emblem, or similar wording or symbols and any background that highlights such message, logo, emblem, or similar wording or symbols. Furthermore, this definition shall not be interpreted to include architectural features of a building even when such features (i.e. roof style/color) are identifiable with a certain establishment. Further, this definition shall not include art or works of art provided the art or works of art do not include logos in their traditional form or the name of the business in a manner that would be considered by a reasonable person to advertise the business at whose location the art or works of art are located. The art and/or works of art shall not be located on the sign or sign panel.
Sign, cabinet means a sign that is mounted on the face of a building or on the ground that is typically rectangular in shape and provides for internal illumination and changing the message of the sign by replacing a single transparent or translucent panel.
Sign, off-premises digital means an off-premise sign display or device that changes the "static" message or copy on the sign by electronic mean.
Sign structure means any structure which supports, has supported or is capable of supporting a sign, including any decorative cover for said sign structure.
Siltation means sediment resulting from accelerated erosion which is settleable or removable by properly designed, constructed, and maintained control measures and which has been transported from its point of origin within the site of a land-disturbing activity and which has been deposited, or is in suspension in water.
Single-family residential development means any development where 1) no building contains more than one dwelling unit; 2) every dwelling unit is on a separate lot; and 3) where no lot contains more than one dwelling unit.
Single tenant means a single business establishment, activity, or use which does not share any facilities such as parking, storage areas, entrances, etc. with another use.
Site means all contiguous parcels of land, including any contiguous bodies of water, under one or diverse ownership, contemplated for development or already developed as a unit, although not necessarily all at one time, and including such portions which the planning and development director determines, because of their characteristics, shall comply with the requirements of this chapter.
Site plan means a plan, prepared to scale, showing accurately all information required by these regulations with respect to the development proposal.
Site specific development plan means for the purposes of applying for zoning vested rights approval under section 7-5-15 of this chapter, this term shall mean a plan of land development submitted to the City of Asheville by a landowner or agent for purposes of obtaining one of the following zoning or land use permits or approvals means:
Notwithstanding the foregoing, neither a sketch plan nor any other document that fails to describe with reasonable certainty the type and intensity of use for a specified parcel or parcels of property or which has not been formally reviewed shall constitute a site specific development plan. Neither an application for nor granting of a variance shall constitute a site specific development plan.
Siting means the place where something was, is, or is to be located.
Sleeping unit means a room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.
Small engine and appliance service and repair business means a business that functions for the purpose of providing repair and service for small engine equipment and appliances. Small engine equipment and appliances may include: lawn equipment, household appliances, kitchenware and electronics. Vehicles intended for human transportation (mopeds, scooters, etc) are not included in this definition.
Small tree species means those species identified as small in the preferred species list.
Soffit means the underside of a structural component such as an arch, beam or cornice.
Soil erosion means any removal and/or loss of soil by the action of water, ice, gravity or wind, or any combination thereof. Erosion includes both the detachment and transport of soil particles.
Solid waste disposal facility means any facility involved in the disposal of solid waste, as defined in NCGS 130A-290(a)(35).
Solid waste disposal site means, as defined in NCGS 130A-290(a)(36), any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method.
Special flood hazard area (SFHA) means the land in the floodplain subject to a one percent or greater chance of being flooded in any given year (the 100-year flood), as determined in subsection (b)(2) of the flood protection regulations found in section 7-12-1.
Special use means a use permitted only through approval of the planning and zoning commission under the standards of section 7-16-2 in accordance with the procedures outlined in section 7-5-5; that must also meet all regulatory standards for the applicable zoning district as outlined in section 7-8.
Special use permit means a permit issued to authorize development or land uses in a particular zoning district upon presentation of competent, material, and substantial evidence establishing compliance with one or more general standards requiring that judgment and discretion be exercised as well as compliance with specific standards. The term includes permits previously referred to as conditional use permits or special exceptions.
Sports court means any hardscape area lined and marked based on regulation standards for such games including, but not limited to, tennis and basketball but excluding pools, picnic areas and parking lots.
Sports field means a large field or open space lined and marked based on regulation standards for such games including, but not limited to, football, baseball/softball and soccer but excluding pools, picnic areas and parking lots.
Stable (adjective) means, for the purposes of the soil erosion and sedimentation control regulations, found in section 7-12-2 of this chapter, a characteristic of land, with or without mechanical restraints, which can be expected to remain in its original configuration. All fill slopes shall be compacted full depth to not less than 95 percent maximum density (Standard Proctor), shall be placed on a surface cleared of growth and debris, and properly benched and drained.
Stable (noun) means a building or land where animals are kept for remuneration, hire, sale, boarding, ride, or show.
Stadium or arena means a large open or enclosed space used for games or major events, and partly or completely surrounded by tiers of seats for spectators.
Standard Specifications and Details Manual means the Standard Specifications and Details Manual (herein "SSDM") that the City Council of the City of Asheville first approved and adopted on May 13, 2014. The purpose of the SSDM is to provide design standards and technical specifications for construction activities related to public safety, streets, sidewalks, water systems, storm drainage, parking lots, and similar improvements. The SSDM sets forth the City's minimum construction standards that apply to projects on both public and private property and also sets forth a process for approval of alterations or modifications to these standards. The SSDM is periodically updated by the City Engineer so that it continues to reflect generally accepted professional technical standards. An official updated copy of the SSDM is kept on file with the city clerk and may also be viewed on the City's Development Services website.
Start of construction means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.
Static means characterized by a lack of movement, animation, or progression.
Storage container means any container, storage unit, shed-like container or other portable structure that can be or is used for the storage of personal property of any kind and which is located for such purposes outside of an enclosed building other than an accessory building or shed which complies with all applicable building and land use requirements.
Storm drainage facilities means the system of inlets, conduits, channels, ditches and appurtenances which serve to collect and convey stormwater through and from a given drainage area.
Storm sewer means a closed conduit for conveying collected stormwater.
Stormwater BMP manual: See definition for Best management practices manual or BMP manual.
Stormwater discharge permit means the stormwater discharge permit issued by the city authorizing stormwater discharge activities in accordance with this chapter and applicable ordinances and regulations.
Stormwater management means the collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner to meet the objectives of this section and its terms, including, but not limited to measures that control the increased volume and rate of stormwater runoff and water quality impacts caused by manmade changes to the land.
Stormwater management facility means for quantitative and qualitative control, a system of vegetative and/or structural measures which control the increased volume and rate of surface run-off and pollutants carried in those waters caused by manmade changes to the land.
Stormwater management plan means a plan designed to control stormwater, submitted as a prerequisite to obtaining a stormwater discharge permit. The plan shall be prepared and designed in accordance with this chapter, city regulations, and applicable state and federal laws and regulations, including applicable standards and specifications.
Stormwater management program or SWMP means the set of drawings and other documents that comprise of all of the information and specifications for the programs, drainage systems, structures, BMPs, concepts, and techniques for the control of stormwater and which is incorporated as part of the NPDES permit for the City of Asheville and as part of this chapter.
Stormwater runoff means the direct runoff of water resulting from precipitation in any form.
Stormwater permit: See definition for Permit, grading and stormwater.
Stream alteration means a change of the water-carrying capacity or flow of a natural water course.
Stream bank means the location of the upper edge of the active stream above which the water spreads into the overbank areas on either side of the stream or the elevation of the average annual storm. Where the stream bank is not well defined, it shall be considered the edge of the waterline during a one-year frequency storm.
Streaming video means electronic video displays utilizing content in motion picture form similar to or otherwise depicting a television screen.
Street means a paved or unpaved route which provides the principal means of access to abutting property.
Street frontage means that portion of a lot abutting a publicly maintained street or alley.
Street right-of-way means a strip of land occupied or intended to be occupied by a travelway for vehicles and also available, with the consent of the appropriate governmental agency, for installation and maintenance of sidewalks, traffic control devices, traffic signs, street name signs, historical marker signs, water lines, sanitary sewer lines, storm sewer lines, gas lines, power lines, and communication lines. The location of any street planned, developed, or built after the effective date of this chapter must be shown on a legally approved plat recorded in the Office of the Register of Deeds for Buncombe County.
Street wall means a fenestration detail to improve pedestrian-oriented districts that allows for new development while reflecting the traditional scale of the commercial area and insures adequate air and light at the sidewalk. The street wall corresponds to the base portion of a building in the traditional organizing principle used for taller buildings: base - middle - cap. A variety of tools are available to determine the street wall height based on the location and scale of the district. These tools can include consideration of the relative heights of neighboring buildings or reflecting a one-to-one relationship to the width of the right-of-way. At the height of the street wall one should expect a visual demarcation such as a step back from the front or side of the façade, changes in fenestration details or other visual differentiation.
Streetscape means the scene as may be observed along a public street or way composed of natural and manmade components, including buildings, paving, planting, street furnishings, and miscellaneous structures.
Structural BMP means the physical structures requiring engineering design and engineered construction that are designed to remove pollutants from stormwater, runoff, reduce downstream erosion, provide flood control, and promote groundwater recharge.
Structure means that which is built or constructed. For flood protection regulations, a structure is a walled and roofed building, a manufactured home, a gas or liquid storage tank, or other manmade facility or infrastructure that is principally above ground.
Structure, hydraulic means an arrangement of materials intended or operating so as to modify the flow or other action of stormwater or the waters of rivers and streams, including but not limited to:
berms, breakwaters, catch basins, channels, conduits, culverts, curb inlets, dams, detention basins, dikes, diversions, end walls, flumes, gates, groins, headwalls, intake structures, jetties, levees, orifices, piers, pipes, riprap, sea walls, sediment basins, spillways, swales, weirs.
Structured parking means a structure, usually multistory, that is primarily designed for short- and long-term vehicle parking.
Studios, galleries and workshops for artists, artisans, and craftspeople - low impact means places for the creation and sale of artistic products whose creation involves little or no noise, vibrations, or use of heat that can be detected beyond the walls of the place.
Studios, galleries and workshops for artists, artisans, and craftspeople - high impact means places for the creation and sale of artistic products (such as but not limited to metal work, stone sculpture, glass work and sculpture, fired ceramics, or woodworking) whose creation involves a substantial level of noise, vibrations, or use of heat that can be detected beyond the walls of the place.
Subcollector street means a street whose principal function is to provide access to abutting properties but which is also designed to be used or is used to connect local streets with collector or higher classification streets.
Subdivider means any person, firm, corporation, or entity who subdivides or develops any land deemed to be a subdivision.
Subdivision means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) and shall include all divisions of land involving the dedication of a new street or a change in existing streets.
Subdivision, major means a subdivision which meets the specifications set forth in the definition of subdivision and involves the division of land into two or more lots where the extension of public streets or private streets built to City of Asheville standards is required.
Subdivision, minor means a subdivision of land that does not involve the construction of public streets or private streets built to City of Asheville standards.
Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Improvements, modifications, and additions to existing buildings are counted cumulatively for at least five years. (See definition of substantial improvement). For the purposes of the flood protection regulations only, substantial damage means damage of any origin sustained by a structure during any one-year period whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. See "Substantial Improvement".
Substantial improvement means any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the fair market value of the structure before the start of construction of the improvement. When an existing building is structurally altered such that the first floor area is increased by more than 20 percent. Improvements, modifications, and additions to existing buildings are counted cumulatively for at least five years. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either: (1) any project of improvement of a structure to correct existing violations of state or local health, sanitary, or safety codes specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe conditions; or (2) any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. For the purposes of the flood protection regulations only, substantial improvement means any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any one-year period for which the cost equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. This term does not, however, include either: (1) any correction of existing violations of state or community health, sanitary, or safety code specifications which have been identified by the community code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
Substantially improved existing manufactured home park or subdivision means where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction, or improvement commenced. Improvements, modifications, and additions to existing buildings are counted cumulatively for at least five years.
Supporting MWBE means providing direct financial support to the City of Asheville's Business Inclusion Office within the Department of Community and Economic Development to support their policy, adopted on October 27, 2020, which seeks to remediate the ongoing effects of marketplace discrimination experienced by local Minority Women Business Enterprises (MWBE).
Surveyor means a person licensed and qualified as a registered land surveyor in North Carolina.
Suspended or transom sign means a sign which is suspended from the underside of a horizontal plane surface, such as a canopy or marquee, and which is supported by such surface.
Swale means an elongated depression in the land surface that is at least occasionally wet, may be heavily vegetated, and is normally without flowing water. Swales conduct stormwater into primary drainage channels and provide water quality treatment and groundwater recharge.
Tattoo parlor means an establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of placing designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments to contact or puncture the skin.
Taxi stand means a business where taxicabs are temporarily parked during hours of operation and including a building which houses the office of the taxi company and the dispatching equipment and/or where taxicabs wait to pickup patrons.
Telecommunication tower/support structure means a tower, pole, or similar support structure 20 feet or more high, used to mount or support one or more antennas for a wireless telecommunication facility which may be visible or concealed. These may include self-supporting lattice-framed towers, monopoles, or guyed towers. A concealed structure has all structural members concealed within a façade which matches or complements the architectural character of buildings and other structures located on the same parcel as the wireless telecommunication facility.
Telecommunication tower/support structure, concealed. See Telecommunication tower/support structure.
Telecommunication tower/support structure—Replacement tower means a telecommunication tower intended to replace an existing approved tower where such replacement tower is (1) at or within 100 yards of the existing tower base, and (2) no higher than the existing tower.
Temporary portable building means a building intended for nonresidential use for a limited time period, consisting of one or more modules constructed off the ultimate site of use and transported to that site either on its own wheels or otherwise.
Temporary portable building, construction-related means a temporary portable building directly related to the development of a lot and limited in duration to a time period extending from issuance of the initial zoning permit for such development to issuance of the final certificate of occupancy for the development.
Temporary sign means a sign with or without a structural frame, not permanently attached to a building, structure or the ground and intended for a limited period of display; provided, however, this shall specifically exclude portable or moveable signs which are hereinafter prohibited.
Temporary structure means a structure without any permanent foundation or footing which is intended to serve a specific temporary event or use/operation and is to be removed upon the completion of that event or use/operation.
Temporary use means an activity or use of land which is temporary in nature and, which, having met certain requirements and conditions, may be permitted for a period of limited duration, and which may utilize "temporary structures" for the duration of the event.
Ten-year storm means the surface run-off resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in ten years, and of a duration which will produce the maximum peak rate of run- off, for the watershed of interest, under average antecedent wetness conditions.
Thoroughfare plan means a plan for the development of existing and proposed major streets that will adequately serve the future travel needs of an area in an efficient and cost effective manner.
Through lot means a lot having its front and rear yards each abutting on a street.
Time/date/temperature sign means a sign containing numerals or letters, which may be alternately displayed, and which alternating portion only shows the time, date and/or temperature. This sign shall not be considered a flashing or an animated sign.
Tongue means a part of the towing apparatus used in transporting a manufactured home.
Top of bank: See definition for Stream bank.
Total maximum daily load (TMDL) means a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs.
Tower base means the foundation, usually concrete, on which the telecommunication tower is situated. For measurement calculations, the tower base is the actual or geometric center of the tower.
Tower height means the vertical distance measured from the tower base to the highest point on a telecommunication tower, including any antennas or other equipment affixed thereto, but excluding any lightning protection rods extending above the tower and attached equipment.
Tower site means the land area which contains, or will contain, a proposed telecommunication tower, and related equipment enclosures and other improvements.
Townhouse: See "dwellings, townhouse."
Toxic substance means any substance or combination of substances (including disease causing agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth) or physical deformities in such organisms or their off-spring or other adverse health effects. (See hazardous materials)
Tract means this term shall have the same meaning as the term "site."
Traffic engineer means the traffic engineer for the City of Asheville, North Carolina or his/her staff member delegated with the authority and responsibility to carry out his/her duties.
Trademark means a name, symbol, or other device identifying a product which is officially registered and legally restricted to the use by its owner.
Transition area means an area of a higher-intensity use district which is close to a lower-intensity use district, in which special design and other criteria are applied in order to protect the lower-intensity uses from effects of the higher-intensity uses.
Transmitter tower means a structure situated on a lot that is intended for transmitting or receiving television, radio, or telephone communications.
Transportation benefit means employer-procured Asheville transit system passes or other relevant employer- provided transportation that is offered to all employees at no expense during the period those employees are employed by the company.
Transportation comprehensive plan means a document which through research and analysis has established current deficiencies or future needs of any system of roads, railways, airports, and paths, sidewalks, or other means or modes of conveyance, either separately or jointly, and which recommends actions to be undertaken for the alleviation of current deficiencies or the provision for future needs for any area or portion of a political jurisdiction.
Tree means any living, self-supporting woody perennial plant which normally obtains a trunk diameter of at least two inches and a height of at least ten feet, and typically has one main stem and many branches.
Tree canopy protection area (TCPA). Means the area of tree canopy required by this section to be preserved or planted and maintained during and after all construction activities. TCPA shall include the critical root zone of the trees within.
Tree, large means any tree whose height under average regional growing conditions will exceed 35 feet in height at maturity.
Tree, small or understory means any tree whose height under average regional growing conditions will be less than 35 feet in height at maturity.
Tree save area means required tree preservation and/or replanting areas.
Twenty-five year storm means the surface run-off resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in 25 years, and of a duration which will produce the maximum peak rate of run-off, from the watershed of interest under average antecedent wetness conditions.
Two-story requirement means that for new construction, a second floor is provided as a full occupiable floor and a mezzanine level will not be sufficient to meet the requirement. Civic uses such as places of worship, arenas, auditoriums, theaters and performance centers will not be required to meet a two-story requirement.
Umbrella sign means a sign painted or printed on an umbrella.
Uncovered means the removal of ground cover from, on, or above the soil surface.
Undertaken means the initiating of any activity, or phase of activity.
Upper story means any story above the ground story or floor.
Use by right means the use(s) of a piece of property identified as a permitted use(s) by this chapter in the zoning district in which the property is located.
Utility pole means a structure that is designed for and used to carry lines, cables, or wires for telephone, cable television, or electricity, or to provide lighting.
Utility service area means area containing freestanding or surface mounted utility equipment which is not screened from the street by a building, is less than 100 feet from the street right-of-way; and which is more than five feet long along the side which faces the street or adjacent property. This includes equipment belonging to public and private utilities and privately owned equipment. Examples include: mechanical equipment, transformers which are part of underground systems, switchgear boxes, booster boxes, and utility boxes.
Utility substation means a structure or facility for transforming or transmitting a service provided by a utility company to include private utility systems such as telephone, electric, water, sewer, gas, power, etc., but not including telecommunication towers, concealed telecommunication support structures, or other telecommunication devices.
Variance means a grant of relief to a person from the requirements of this chapter which grant permits construction in a manner otherwise prohibited by this chapter.
Vegetative canopy means trees which create a roof-like layer of spreading branches.
Vehicle salvage yard. See Recycling operation.
Vehicular use area (VUA) means all driving surfaces including: parking, drive aisles, driveways, loading areas, and maneuvering areas that are paved or gravel.
Velocity means the average speed of flow through the cross section of the main channel at the peak flow of the storm of interest. The cross section of the main channel shall be that area defined by the geometry of the channel plus the area of flow below the flood height defined by vertical lines at the main channel banks. Overload flows are not to be included for the purpose of computing velocity of flow.
Violation means the failure of a use, structure, or other development to comply with the regulations set forth in this chapter. A use, structure, or other development without the elevation certification, other certifications, or other evidence of compliance required is presumed to be in violation until such time as that documentation is provided.
Visible means capable of being seen by the unaided eye in the daylight.
Wall means an upright structure of masonry, wood, plaster or other building material serving to enclose, divide or protect an area.
Wall sign means any sign painted or attached flat against and parallel to the exterior wall or surface of a building or other structure and/or which projects from that wall or surface.
Waste means surplus materials resulting from on-site construction and disposed of at other locations.
Water dependent structure means any structure for which the use requires access to or proximity to or siting within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not water dependent structures.
Water surface elevation (WSE) means the height, in relation to mean sea level, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
Water quality means those characteristics of stormwater runoff that relate to the physical, chemical, biological, or radiological integrity of water.
Water quantity means those characteristics of stormwater runoff that relate to the rate and volume of the stormwater runoff.
Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
Watershed means a geographical area comprised of one or more drainage areas, which serve a common point.
Watershed overlay zone means those areas as listed on the Watershed Overlay Zone Inventory and which is inclusive of all critical areas of water supply watersheds, high quality waters, outstanding resource waters as delineated by the state, and TMDL reports.
Wetland means areas that are inundated or saturated at a frequency and for a duration sufficient to support a prevalence of vegetative or aquatic life requiring saturated or seasonally saturated soil conditions for growth and reproduction. Those areas regulated under Section 404 of the Clean Water Act as identified under guidelines employed by the United States Army Corps of Engineers in evaluating permit applications under 33 USC 1344 and applicable federal regulations. Wetlands also include areas defined by the State of North Carolina as "isolated wetlands."
Wind sign means a suspended or tethered sign made of flexible material such as canvas, sailcloth, plastic, or waterproof paper, including but not limited to, banners, pennants, spinners, streamers, or balloons.
Window sign means a sign which is permanently painted on, permanently attached to or designed to be visible through a window, excluding displays of merchandise.
Wireless telecommunications facility means the set of equipment and network components, exclusive of the underlying support structure or tower, including antennas, transmitters, receivers base stations, power supplies, cabling, and associated equipment necessary to provide wireless data and telecommunications services to a discrete geographic area."
Wireless telecommunication facility, co-located means a wireless telecommunication facility located (or proposed to be located) upon or within a supporting structure or building which hosts one or more existing and approved wireless telecommunication facilities.
Wireless telecommunication facility, concealed means a wireless telecommunication facility with all antennas camouflaged to match or complement the color and architectural treatment of the surface upon which they are mounted, or which has all facility components concealed behind a façade or parapet wall.
Wireless telecommunication facility, microcell means a wireless telecommunication facility for which all electronics (if not placed within an existing and approved building) are contained in equipment enclosures which occupy less than 40 cubic feet and for which all antennas are eight feet or less in height and have a combined surface area of less than 30 square feet.
Wireless telecommunication facility, temporary means a vehicle-mounted or portable wireless telecommunication facility including portable towers, antennas, equipment enclosures, generators and associated electronics, cabling, wiring and hardware.
Working days means days, exclusive of Saturday and Sunday, during which weather and soil conditions permit land disturbing activity to be undertaken.
Yard means any open space located on the same lot with a building, unoccupied and unobstructed from the ground up, except for such structures and projections as are expressly permitted in these regulations. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line and the nearest point of the foundation wall of the main building. (see "setback").
Yard/garage sales means the sale or offering for sale of items of personal property to the general public on a lot containing a dwelling or dwelling units.
Zero lot line development. See Development, zero lot line.
Zoning permit means a permit issued by the City of Asheville stating that a particular development project, change in use, or addition, is in compliance with the ordinances of the city pertaining to use of the land on which such use is situated. A zoning permit is typically issued after all other approvals relating to chapter 7 have been obtained.
Zoning vested right means a right pursuant to N.C.G.S., sec. 160A-385.1 to undertake and complete the development and use of property under the terms and conditions of an approved site specific development plan.
(Ord. No. 2535, §§ 1, 2, 1-12-99; Ord. No. 2565, § 1, 4-27-99; Ord. No. 2662, § 1, 2-8-00; Ord. No. 2735, § 1a., 8-22- 00; Ord. No. 2740, § 1(c), 9-12-00; Ord. No. 2741, § 1, 9-12-00; Ord. No. 2742, § 1(c), 9-12-00; Ord. No. 2860, § 1b., 10-10-01; Ord. No. 2902, §§ 1(a), 1(b), 3-12-02; Ord. No. 3002, § 1a, 2-25-03; Ord. No. 3010, § 1a, 3-25-03; Ord. No. 3156, § 1, 8-24-04; Ord. No. 3157, § 1(a)(1), 8-24-04; Ord. No. 3209, § 1a, 1-25-05; Ord. No. 3261, § 1(a), 7-12-05; Ord. No. 3262, §§ 1(a, b), 7-12-05; Ord. No. 3271, § 1(a), 8-9-05; Ord. No. 3272, § 1(a), 7-26-05; Ord. No. 3277, § 1, 8-9-05; Ord. No. 3329, § 1(a), 1-24-06; Ord. No. 3337, § 1(a), 2-28-06; Ord. No. 3390, § 1(a), 9-12-06; Ord. No. 3412, § 1(a), 12-12-06; Ord. No. 3436, § 1(a), 1-23-07; Ord. No. 3417, § 1(h), 11-28-06; Ord. No. 3466, § 1(c), 4-24-07; Ord. No. 3479, § 1(b), 5-22-07; Ord. No. 3480, §§ 1(d), (e), 6-12-07; Ord. No. 3483, § 1(a), 6-2-07; Ord. No. 3489, § 1(a), 6-19-07; Ord. No. 3521, §§ 1(a), (b), 8-21-07; Ord. No. 3571, § 1(a), 1-8-08; Ord. No. 3572, §§ 1(a)—(c), 1-8-08; Ord. No. 3579, § 1(e), 1-22-08; Ord. No. 3582, § 1(a), 2-12-08; Ord. No. 3619, § 1(a), 5-13-08; Ord. No. 3642, § 1a, 9-9-08; Ord. No. 3677, § 1a, 11-25-08; Ord. No. 3685, § 1a, 1-13-09; Ord. No. 3739, § 1b, 6-9-09; Ord. No. 3791, § 1k, 9-22-09; Ord. No. 3792, § 1a, 9-22-09; Ord. No. 3793, § 1e, 9-22-09; Ord. No. 3810, §§ 1, 2, 11-24-09; Ord. No. 3856, § 1a, 5-25-10; Ord. No. 3876, §§ 1, 2, 6-8-10; Ord. No. 3897, §§ 1(a), (b), 9-14-10; Ord. No. 3906, § 1a, 10-12- 10; Ord. No. 3908, § 1a, 10-26-10; Ord. No. 3929, §§ 1c, d, 11-23-10; Ord. No. 3959, § 1a, 4-12-11; Ord. No. 4007, § 1a, 9-13-11; Ord. No. 4064, § 1f, 2-28-12; Ord. No. 4152, § 1a, 1-8-13; Ord. No. 4168, § 1a, 2-26-13; Ord. No. 4233, § 1b, 9-24-13; Ord. No. 4328, § 2a, 7-22-14; Ord. No. 4328, § 2a, 7-22-14; Ord. No. 4342, § 1b, 9-9-14; Ord. No. 4416, § 1a, 5-26-15; Ord. No. 4431, § 1a, 6-23-15; Ord. No. 4448, § 1a, 9-8-15; Ord. No. 4470, § 1a, 11-17-15; Ord. No. 4492, § 1a, 4-12-16; Ord. No. 4560, § 1a, 2-14-16; Ord. No. 4579, § 1, 4-25-17; Ord. No. 4608, § 1(a), 8-22-17; Ord. No. 4646, § 1(b), 11-14-17; Ord. No. 4637, § 1a—c, 1-9-18; Ord. No. 4686, § 1f, 7-24-18; Ord. No. 4824, § 1a, 9-8-20; Ord. No. 4837, § 1(a), 10-27-20; Ord. No. 4855, §§ 1(a), (b), 2-23-21; Ord. No. 4917, § 1(a, b), 12-14-21; Ord. No. 4920, § 1(a), 12-14-21; Ord. No. 4932, § 1, 2-22-22; Ord. No. 4978, § 1,
10-25-22; Ord. No. 5057, § 1a, 1-23-24
; Ord. No. 5103, § 1a., 9-24-24)
figure 2-1
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2407, §§ 1, 2, 9-23-97; Ord. No. 2428, §§ 1, 2, 11-11-97; Ord. No. 2436, § 1, 11-25-97; Ord. No. 2454, § 1, 2-24-98; Ord. No. 2469, § 1, 5-12-98; Ord. No. 2502, § 1, 7-28-98)