(a) Purpose. A zoning permit shall be required for the construction or development of any new use within the planning and regulation jurisdiction of the City of Asheville. In addition to new uses a zoning permit shall also be required for expansions of existing uses, as well as for changes of use. The procedure set forth below shall be followed to obtain a zoning permit for the construction of single-family and duplex residential development and for other uses which do not require permits and/or approvals, other than a driveway access permit and a soil erosion and sedimentation plan approval for projects disturbing less than 10,000 square feet, as set forth elsewhere in this article.
(b) Pre-application procedure. No pre-application conference is required prior to applying for a zoning permit. Applicants are encouraged to call or visit the planning and development department prior to requesting a zoning permit to determine what information is required for the application.
(c) Plan submittal.
(1) Filing of application. An application for a zoning permit may be filed by the owner of the property or by an agent, specifically authorized by the owner to file such application. Where an agent files the application, the agent shall provide documentation that the owner of the property has authorized the filing of the application. The application for a zoning permit shall be filed with the development and permitting center on a form provided by the center.
(2) Fees. An application fee, as established by the City of Asheville Fees and Charges Manual, shall be due and payable when the application is submitted.
(3) Information required. Each application for a zoning permit shall contain the information required on the application form, including a site plan showing the dimensions of the proposed use and its location on the property or site. Other information necessary to show that the use or structure complies with the standards set forth in this chapter shall also be provided.
(4) Annual zoning permits. An annual zoning permit is required for certain land uses including homestays and short-term vacation rentals. Annual zoning permits must be renewed each year before the expiration date and in accordance with the terms of this UDO. Failure to timely renew the annual zoning permit will result in an expiration of that permit, and can result in a voluntary forfeiture of all legal rights and claims to continue that use. See section 7-17-3.
(d) Staff review. The planning and development director shall review the application and determine whether it is complete within ten working days of its submittal. If the application is found to be incomplete, the planning and development director shall notify the applicant of any deficiencies. No further steps shall be taken to process the application until the applicant corrects the deficiencies. The planning and development director shall issue a zoning permit only upon finding that the proposed use or structure satisfies the requirements set forth in article VIII of this chapter. Provided the application is complete, failure by the planning and development director to determine completeness of the application within ten working days shall result in the refund of any application fee paid. The refund of the application fee due to the expiration of the ten working days shall not cause the review of the application to cease. Staff shall continue with the review of the application.
(e) Public notification. No public notification is required for zoning permit requests.
(f) Formal review. No formal review of zoning permit requests is required. Requests shall be reviewed by appropriate city staff to assure compliance with all applicable regulations and requirements.
(g) Variances. Requests for variances from the requirements requiring zoning permits set forth in this chapter shall be heard by the board of adjustment under the procedures established in section 7-6-1.
(h) Appeals. Appeals of the decisions of the planning and development director shall be heard by the board of adjustment under the procedures established by section 7-6-2.
(i) Permit validity. Upon the approval of a zoning permit, the applicant shall have one year to obtain the required building permit(s). Failure to commence building permits within this time shall render the zoning permit void. The zoning permit shall remain valid as long as a valid building permit exists for the project. Any unapproved change in the approved plans shall render the zoning permit invalid.
(j) Violations. Violations of the conditions of the zoning permit shall be considered a violation of this chapter and shall be subject to the enforcement and penalty provisions set forth in article XVIII of this chapter.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 4637, § 1d, 1-9-18; Ord. No. 4361, § 1a, 3-23-21)