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Asheville, NC Code of Ordinances
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Sec. 7-5-4. Uses by right, subject to special requirements.
(a)   Purpose. Uses by right, subject to special requirements, are uses permitted by right, provided that the special requirements set forth in subsection 7-16-1 are met. The special requirements are intended to insure that the uses fit the intent of the zoning districts within which they are permitted, and that the uses are compatible with other development permitted within the zoning districts. Review and approval of these uses are handled by the planning and development director, who has no discretion to modify the special requirements.
(b)   Pre-application procedure. A pre-application conference is not required for approval of uses by right, subject to special requirements. Applicants are encouraged, however, to contact the planning and development director to discuss the special requirements.
(c)   Plan submittal.
(1)   Filing of application. An application for a permit for a use by right, subject to special requirements, 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 permit for a use by right, subject to special requirements, shall be filed with the development and permitting center on a form provided by the center.
(2)   Fees. A permit fee, as established by the City of Asheville Fees and Charges Manual, shall be submitted with the application.
(3)   Information required. Each application for a permit for a use by right, subject to special requirements, shall contain all information described in Appendix B (Checklists for applications). The application shall be accompanied by a site plan meeting the requirements for site plans set forth in Appendix A (Map and Plan Standards).
(d)   Staff review. The planning and development director shall review the proposed use and determine if the special requirements for that use have been met. If the special requirements have been met, the use shall be approved. Failure to meet all the special requirements shall result in denial of a permit for the proposed use. The planning and development director shall approve or deny the proposed restricted use or request more information, if needed, within ten working days of submittal. If the application is found to be incomplete, the planning and development director shall notify the applicant of any deficiencies. No further steps will be taken to process the application until the applicant corrects the deficiencies. The planning and development director shall approve the use only upon finding that the proposed use satisfies all applicable requirements set forth in this chapter. Provided the application is complete, failure by the planning and development director to review the application within ten working days shall result in the refund of any application fees paid.
(e)   Public notification. Public notification is not required.
(f)   Formal review. Formal review is not required.
(g)   Variances. Variances from the special requirements constitute "use variances" and shall not be permitted.
(h)   Appeals. Appeals of decisions of the planning and development director regarding applications for a use by right, subject to special requirements, shall be heard by the board of adjustment under the procedures established in section 7-6-2.
(i)   Permit validity. The permit for a use by right, subject to special requirements, shall be valid for one year from the date of its issuance. Failure to initiate construction or otherwise begin the permitted use within this time shall render the permit void. The planning and development director may grant a single extension of this time period of up to six months upon submittal by the applicant of sufficient justification for the extension.
(j)   Violations. Failure to establish or maintain the special requirements is considered a violation of this chapter and shall subject the offender to the enforcement and penalty provisions of article XVIII of this chapter.
(Ord. No. 2369, § 1, 5-27-97)