(a) Permits and approvals. Any development within the planning and regulation jurisdiction of the City of Asheville and its area of extraterritorial jurisdiction may require one or more of the following permits and approvals in order to ensure that the development is consistent with the goals and purposes of this chapter and with the public health, safety, and general welfare. Permits and approvals include, but are not necessarily limited to, the following:
Zoning permits (section 7-5-2)
Temporary use permits (section 7-5-3)
Use by right, subject to special requirements, (section 7-5-4)
Special use approvals (section 7-5-5)
Manufactured housing rental community approval (section 7-5-7)
Subdivision plat approvals (section 7-5-8)
Site plan review (section 7-5-9)
Downtown design review (section 7-5-10)
Certificate of appropriateness approval (section 7-5-11)
Floodplain development (section 7-5-12)
Erosion and sedimentation control plans (section 7-5-13)
Stormwater permits (section 7-5-14)
Zoning vested rights approvals (section 7-5-15)
Sign permits (section 7-5-16)
Driveway access permits (section 7-5-17)
Riverfront design review (section 7-5-18)
Certificate of occupancy (section 7-5-19)
Procedures are set forth in this article for reviewing and granting of these permits and approvals.
Applications for all permits identified above may be made at the City of Asheville Development and Permitting Center, unless otherwise specified. All required permits may be applied for simultaneously at the development and permitting center and all required fees may be paid at this location. Development and permitting center staff shall process the application(s) and distribute the plans to the appropriate staff persons for review and approval. Staff of the development and permitting center serve as the primary contact for information regarding the approval status of the requested permits.
The review procedures described in article V are those required by the City of Asheville. Other agencies, specifically the Metropolitan Sewerage District of Buncombe County (MSD), have separate procedures which must be followed in order to obtain plan approval and/or acceptance of improvements. These agencies must be contacted to obtain information regarding the proper procedure for approval of plans and of construction.
(b) Relationship between different permits and approvals. Building permits and certificates of occupancy are typically the final forms of approval for most development within the City of Asheville and its area of extraterritorial jurisdiction. Issuance of building permits and certificates of occupancy may be contingent upon the applicant previously having received one or more other permits or forms of approval. For example, site plan approval is required prior to the issuance of a zoning permit to assure that all requirements of this chapter are being met and erosion control plan approval is required prior to issuance of a grading permit. Zoning and building permits will be issued for a development project only after all conditions precedent to the construction of the development imposed under the provisions of this chapter have been met. Each section of this article describes a different type of permit or approval which may be required for a particular project.
(c) Simultaneous processing of applications.
(1) This section intends to accommodate, where possible, the simultaneous processing of applications for different permits and approvals which may be required for the same project, in order to make the review process as short as possible. Possibilities for concurrent filing and processing of applications include, but are not limited to, the following:
a. A site plan along with a use by right, subject to special requirements;
b. A site plan along with a variance request;
c. A preliminary subdivision plat along with an erosion control plan;
d. A site plan along with a certificate of appropriateness request;
e. A site plan along with a downtown design review application; and
f. A site plan along with a traffic impact study.
(2) No application for the rezoning of property shall be accepted or processed while an application for any of the approvals or permits listed in section 7-5-1(a) above is pending for the same property or vice versa.
(3) Some forms of approval depend upon the applicant having previously received another form of approval. Approvals such as site plan approval require the applicant to take certain action within some time period following the approval to avoid having the approval lapse. The applicant should note that each of the permits and approvals set forth in this section has its own review sequence and should take this into consideration when planning the development.
(d) Application and review fees. Requests for review of various permit and approval applications required by this section are subject to the payment of various fees in order to defray the city's administrative costs. The fees for different types of permits and approvals are set forth in the City of Asheville Fees and Charges Manual. These fees are determined by the Asheville City Council and are periodically revised by the council.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2428, § 3, 11-11-97; Ord. No. 3328, § 1(e), (f), 1-24-06; Ord. No. 5057, § 1e, 1-23-24)