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(a) Purpose. To insure that proposed temporary uses comply with the requirements of this chapter, no use that is classified as a temporary use in the zoning district in which it is located shall be placed or established on the property without first receiving a temporary use permit from the planning and development department.
(b) Pre-application procedure. No pre-application conference is required prior to applying for a temporary use permit. Applicants are encouraged to call or visit the planning and development department prior to requesting a temporary use permit to determine what information is required for the application.
(c) Plan submittal.
(1) Filling of application. An application for a temporary use 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 the planning and development director with documentation that the owner of the property has authorized the filing of the application. The application for a temporary use permit shall be filed with the development and permitting center on a form provided by the center.
(2) Fees. A permit fee, as established by City of Asheville Fees and Charges Manual, shall be submitted with the application. In addition, a permit shall be obtained from the fire department as required by the fire prevention code. If the temporary use is deemed an event of public interest or will require the expenditure of money or use of resources by the city (beyond routine administrative costs) in connection with the implementation of the public safety plan described in subsection (3) below, the applicant shall pay for these expenses prior to the initiation of the temporary use or provide a bond or other satisfactory security for the payment thereof, as identified and estimated by the city. These expenses may include, but are not limited to, the pro-rated salary of city or other government employees necessary for the conduct of the temporary use. City-sponsored or co-sponsored events may be exempt from these fee requirements. City council may also waive fees for events deemed to have special economic development benefits.
(3) Information required. Each application for temporary use permit shall contain the information required on the application form. The application shall be accompanied by a sketch plan showing the boundaries of the property, the use of adjacent properties, the location of the temporary use or structure on the property, access and parking provisions, restroom facilities, and other information sufficient to show that the temporary use or structure complies with the standards set forth in this chapter and chapter 4 of the fire prevention code.
a. Persons seeking issuance of a temporary use permit for an event shall file an application with a minimum of ten days prior to the proposed event date, unless this time frame is reduced by the planning and development director.
b. Persons seeking issuance of a temporary use permit for an event of public interest shall file an application with a minimum of 21 days prior to the proposed event date, unless this time frame is reduced by the planning and development director. For uses involving the expected congregation of 100 or more persons at any one time (otherwise described as "assembly" uses in the building code), the event shall be deemed an event of public interest and shall also provide an approved public safety plan identifying the means by which public safety will be ensured during the conduct of the temporary use. This public safety plan may include, but is not limited to, such information as: ingress and egress to and from the site; fencing, screening or buffering to control noise and/or crowds; provisions for parking and/or overflow parking; staffing for security and crowd control at the event; and any additional information that may be required by the police or fire chief. The applicant shall be responsible for public expenses associated with the public safety plan as provided in subsection (2) above. If determined necessary by the police chief or fire chief, the public safety plan will be coordinated with other affected agencies involved in public safety operations, including but not limited to the Buncombe County Sheriff, the Buncombe County Emergency Management Director, appropriate rural fire district personnel and the North Carolina Division of Alcohol Law Enforcement.
c. Persons seeking issuance of a temporary use permit for an event on public property shall file an application with the parks and recreation department in accordance with the City of Asheville Special Events Guideline.
(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. Provided the application is complete, failure by the planning and development director to determine the completeness of the application within ten working days shall result in the refund of any application fee paid. The planning and development director shall issue a temporary use permit only upon finding that the proposed use satisfies the requirements set forth in section 7-14-2 of this chapter.
(e) Public notification. No public notification is required for temporary use permit requests.
(f) Formal review. No formal review of temporary use 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 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 in section 7-6-2.
(i) Permit validity. The temporary use permit shall be valid only for the time period stated on the permit, as set forth in section 7-14-2.
(j) Violations. Violations of the conditions of the temporary use 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.
(k) Public emergencies. In the event of a natural disaster, catastrophic event or public emergency the city manager or her/his designee may waive any temporary use permit procedures and authorize the placement of temporary use facilities which are deemed necessary or desirable in conjunction with the management of the emergency.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2535, § 3, 1-12-99; Ord. No. 3162, § 1, 9-14-04; Ord. No. 3480, § 1(c), 6-12- 07)
(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)
(a) Purpose. Special uses are established to provide for the location of those uses which are generally compatible with other land uses permitted in a zoning district but which, because of their unique characteristics or potential impacts on the surrounding neighborhood and the city as a whole, require individual consideration of their location, design, configuration, and/or operation at the particular location proposed. Such individual consideration may also call for the imposition of individualized conditions in order to ensure that the use is appropriate at a particular location and to ensure protection of the public health, safety, and welfare. Any use identified in article VIII and article XVI of this chapter as a special use in a zoning district shall not be permitted without the approval of the planning and zoning commission in accordance with the requirements and procedures set forth in this subsection 7-5-5.
(b) Pre-application procedure.
(1) Conference. Every applicant for a special use is required to meet with the planning and development director in a pre-application conference prior to the submittal of a request for approval of a special use. The purposes of this conference are to provide additional information regarding the review process and assistance in the preparation of the application.
(2) Neighborhood meeting. It is required that the developer meet with representatives of the neighborhood in which the proposed special use will be located. This meeting, which should be held at the pre-application stage, will allow the developer to explain the proposed use and to be informed of the concerns of the neighborhood.
(c) Plan submittal.
(1) Filing of application. An application for a special use 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 special use permit shall be filed with the development services department on a form provided by the department.
(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 special use permit shall contain all information described in city-provided Checklists for Applications; and a notation of the pertinent deed number of the subject property with book and page reference from the Buncombe County Register of Deeds.
(d) Staff review.
(1) Planning and development staff review. Following submittal of the application and site plans for the special use, they shall be reviewed by the planning and development director or designee for compliance with the requirements of this chapter and in consideration of the special use standards found in Sec. 7-16-2(c) of this chapter and advise the applicant accordingly.
(2) Submittal of plans to technical review committee ("TRC") for preliminary review. The planning and development director or designee shall present the site plans for the special use to the TRC at its next regular meeting. The TRC shall review the site plan for compliance with existing federal, state, and local regulations. This review shall be made by the members of the TRC and by any other agencies or officials as determined by the planning and development director. For special uses in 7-16-2 that require review for compliance with the Downtown Review Design Guidelines-such review shall be conducted by the Downtown Design Review Committee and the recommendation forwarded to the Planning and Zoning Commission as part of its review of the special use permit request.
(3) Action by technical review committee. Upon submittal and review of a complete application for a special use permit, the TRC may make one of the following recommendations:
a. Approval. If the TRC recommends approval, the planning and development director or designee shall forward the recommendation and the special use application to the Planning and Zoning Commission for a final decision reached after a quasi-judicial hearing.
b. Approval with conditions. If the TRC recommends approval with conditions, the applicant may revise the plan to meet the conditions of the approval and resubmit it. The revised plan shall be reviewed by the planning and development director or designee and, if it meets all of the conditions, shall forward the recommendation and the special use application to the Planning and Zoning Commission for a final decision reached after a quasi-judicial hearing.
c. Denial. If the TRC recommends denial of the request, the reasons for denial shall be provided in writing to the applicant. The site plan may be revised to address the reasons for denial and resubmitted in accordance with the provisions of this chapter. After an opportunity to revise has been granted, and concerns remain unaddressed, the recommendation for denial and special use application shall be forwarded to the Planning and Zoning for a final decision reached after a quasi-judicial hearing.
While TRC preliminary review and recommendation are considered useful for ensuring to the greatest extent that applications meet all applicable laws and regulations, the TRC recommendations are not determinative and no part of the recommendation may be used as the sole basis for the Planning and Zoning Commission’s final quasi-judicial decision.
d. Timing. The TRC shall make its recommendation within the timeframe specified by the published TRC schedule. Provided the application and site plan are complete, failure by the TRC to make its recommendation within the timeframe specified by the published TRC schedule shall result in the refund of any application fees paid.
(e) Formal Quasi-Judicial Review.
(1) Public hearing. Upon receipt of a notice from the planning and development director, their designee or the applicant requesting a hearing on the application and site plan for a special use permit, a quasi-judicial hearing before the Planning and Zoning Commission shall be scheduled.
(2) Action by the Planning and Zoning Commission.
a. Review of special use permit request. The Planning and Zoning Commission shall follow quasi-judicial procedures as required by N.C.G.S. § 160D-406 in determining special use permit decisions.
b. Decision by the Planning and Zoning Commission. Before a special use permit is granted, the Planning and Zoning Commission must find that the application meets all of the Special Use Standards found in Sec. 7-16-2(c) of this chapter based on competent, material, and substantial evidence presented at the hearing. The decision on the special use application shall be by a simple majority vote of those members of the commission present at the meeting at which the action is taken. The special use permit decision shall be effective upon filing of the written decision with the secretary to the commission. The decision of the commission shall be delivered within a reasonable time by electronic mail, personal delivery or first-class mail to the applicant, landowner, and any person who has submitted a written request for a copy prior to the date the decision becomes effective.
If approved by the planning and zoning commission, no permits may be issued related to the approved special use permit pertinent to the specific property until the property owner has recorded the approved plan and conditions at the Buncombe County Register of Deeds including notation of the pertinent deed number with book and page reference.
c. Transfer of approval. A special use approval is not transferable from one property to another, but may be transferred to a subsequent owner of the property.
d. Resubmission of denied applications. No application for approval of a development project (special use, site plan, project plan) shall be filed with or accepted by the City if that project is identical or substantially similar to a special use application which has been denied by the planning and zoning commission within one year of the final action by the planning and zoning denying the request.
(f) Public notification. Notice of quasi-judicial hearings or public meetings required under this section for special use approvals shall be provided in accordance with the provisions of section 7-5-20 of this chapter. Additional notice provisions may be required in accordance with section 7-16-2 of this chapter.
(g) Project phasing. If a project approved as a special use is to be developed in phases, a master plan for the entire development site must be approved by the Planning and Zoning Commission at the same time and in the same manner the special use permit application is considered.
Final plans for phases of the special use may be submitted in stages and shall be approved by City staff provided that the following requirements are met:
(1) All stages shall be shown with precise boundaries on the master plan and shall be numbered in the expected order of development.
(2) Each phase must be able to exist independently of subsequent phases by meeting all applicable laws and regulations as if the phase were a separate project.
(3) All the data required for the project as a whole shall be given for each stage shown on the plan.
(4) A proportionate share of the open space and common facilities shall be included in each stage of the development.
(5) The phasing shall be consistent with the traffic circulation, drainage, and utilities plan for the entire master plan for the special use.
(6) Each phase of the special use must comply with any and all conditions attached to the approval of the special use permit by the Planning and Zoning Commission.
(h) Conditions. Reasonable and appropriate conditions and safeguards may be imposed on these special use permits. Where appropriate, such conditions may include requirements that street and utility rights-of-way be dedicated to the public and that provision be made for recreational space and facilities. The planning and zoning commission may prescribe dimensional requirements (height, setback, etc.) that are different from the requirements of the corresponding general zoning classification, and may prescribe development and design standards that are different from those set out in article XI; provided, that any request for a modification to a dimensional requirement or development and design standard that is less restrictive than would be applicable for the underlying general zoning classification must be specifically described in any notices required for the public hearing on the special use permit application, and must be set out separately in any ordinance issuing said special use permit, together with an explanation of the reason for the modification. Except as modified pursuant to this paragraph, all standards and requirements applicable to the underlying general zoning district must be met. Variances to the standards established by any special use permit shall not be allowed.
(i) Appeals. An appeal from the decision of the Planning and Zoning Commision regarding a special use application and site plan may be made by an aggrieved party and shall be made to the Superior Court of Buncombe County in the nature of certiorari. Any such petition to the Superior Court shall be filed with the court no later than 30 days after a written copy of the decision of the planning and zoning commission is received by the applicant.
(j) Permit validity. Approvals of a special use application and site plan shall be valid for two years from the date of approval by the Planning and Zoning Commission. An extension of up to one additional year may be granted by the Planning and Zoning Commission upon submittal by the application of sufficient justification for the extension. Appropriate conditions may be added to the initial approval or extension approval to guarantee site maintenance and security. Failure to obtain a zoning permit or otherwise being the permitted use, within this time shall render the special use approval void. Nothing herein shall be construed to extend any time limitations prescribed by statute or by other ordinances in this chapter.
Permits for the phased development of a special use project shall remain valid for the time approved by the Planning and Zoning Commission as part of the special use approval of the master plan for the special use.
(k) Minor Modifications. Minor modifications to a special use permit that do not involve a change in uses permitted or the density of overall development permitted may be reviewed and approved administratively. Any other modifications or revocation of a special use permit shall follow the same process for the granting of the original special use permit.
(l) Violations. Violations of the special use permit or of any of the conditions attached to the approval shall be considered a violation of this chapter and subject to the enforcement and penalty provisions of article XVIII of this chapter.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2428, § 4, 11-11-97; Ord. No. 2771, § 1a.—d., 11-28-00; Ord. No. 2843, § 1(a), 8-28-01; Ord. No. 2871, §§ 1(g)—1(k), 11-27-01; Ord. No. 3064, §§ 1(a), (b), 10-14-03; Ord. No. 3206, § 1, 1-25-05; Ord. No. 3369, § 1(b), 6-27-06; Ord. No. 3374, §§ 1(a)—(c), 7-11-06; Ord. No. 3530, § 1, 8-28-07; Ord. No. 3709, § 1a, 3-10-09; Ord. No. 3757, § 1a, 7-14-09; Ord. No. 3947, § 1, 2-22-11; Ord. No. 4273, § 1, 1-28-14; Ord. No. 4361, § 1b, 3-23-21; Ord. No. 5057, § 1f, 1-23-24)
(a) Purpose. The review procedure for manufactured housing communities is required for developments which propose the provision of two or more manufactured homes or manufactured home spaces for rent. This review procedure is designed to assure that the communities comply with the design standards set forth in subsection 7-9-5. Public comment, particularly from owners of neighboring property, is provided for through this review procedure.
The manufactured housing community review process is a two-part procedure which involves the approval of a master plan, as well as the rezoning of the property to the manufactured housing community overlay district. The manufactured housing community overlay district is not mapped or affixed to particular parcels until after an application by a developer and approval by the Asheville City Council.
When applied to a specific geographic area, the manufactured housing community overlay district shall have the effect of allowing development to be designed, reviewed, approved, constructed and managed according to the provisions of section 7-9-5, rather than as required by the underlying zoning district.
(b) Pre-application procedure.
(1) Conference. Prior to the submittal of an application for approval of a manufactured housing community, the applicant is required to meet with the planning and development director in a pre- application conference. The purposes of this conference are to provide clarification and assistance in the preparation and submission of plans for approval. The sketch plan, as described below, shall be presented for review during the conference.
(2) Sketch plan.
a. Required for review. A sketch plan is required for review by the planning and development director for all proposed manufactured housing communities.
b. Preparation. The sketch plan shall be prepared in accordance with Appendix A (Map and Plan Standards) and submitted to the planning and development department.
(3) Neighborhood meeting. It is highly recommended that the developer meet with representatives of the neighborhood in which the proposed project is located. This meeting, which should be held at the pre- application stage, will allow the developer to explain the proposed project and to be informed of the concerns of the neighborhood.
(c) Plan submittal.
(1) Filing of application. An application for approval of a manufactured housing community 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 manufactured housing community shall be filed with the development and permitting center on a form provided by the center.
(2) Fees. Fees as established by the City of Asheville's Fees and Charges Manual shall be due and payable when the site plan is submitted.
(3) Information required.
a. General. Each application for a manufactured housing community shall contain all of the information described in Appendix B (Checklists for Applications).
b. Site plan required. A site plan depicting the proposed manufactured housing community shall be required for all proposed rental communities.
c. Preparation by registered professional. The site plan shall be prepared by a registered land surveyor, licensed architect, or licensed engineer and shall be prepared in accordance with Appendix A (Map and Plan Standards).
d. Submittal of plans. Fifteen copies of the site plan must be submitted to the development and permitting center at least 14 days prior to the technical review committee meeting at which it is to be reviewed.
(d) Staff review.
(1) Planning and development staff review. Following submittal of the site plan for the manufactured housing community, it shall be reviewed by the planning and development director for compliance with the requirements of this chapter.
(2) Submittal of plans to technical review committee (TRC). The planning and development director shall present site plans for manufactured housing communities to the technical review committee at its next regular meeting. The technical review committee shall review the site plan for compliance with existing federal, state, and local regulations. This review shall be made by the members of the technical review committee and by any other agencies or officials as determined by the planning and development director.
(3) Action by technical review committee.
a. Timing. The technical review committee shall take action within ten working days of reviewing the site plan. Provided the application is complete, failure by the technical review committee to take action within ten working days shall result in the refund of any application fees 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.
b. Approval. If the site plan is approved by the technical review committee, the planning and development director shall present the site plan and the manufactured housing community (MHC district) designation for review and approval at the next regular meeting of the Asheville Planning and Zoning Commission.
c. Conditional approval. If the site plan receives conditional approval from the technical review committee ("TRC"), the applicant shall revise the plan based upon the conditions of the approval and resubmit it. The revised plan shall be reviewed by the planning and development director and if it meets all the approval conditions, the site plan and the MHC District designation shall be presented for review and approval at the next available regular meeting of the Asheville Planning and Zoning Commission. If the plan is not revised within 60 days after conditional approval from the TRC to meet the conditions, the request shall be deemed denied.
d. Denial. If the site plan is denied approval by the technical review committee, the reasons for denial shall be provided in writing to the applicant. The site plan may be revised to address the reasons for denial and resubmitted in accordance with the provisions of this chapter.
(e) Formal review.
(1) Action by Asheville Planning and Zoning Commission.
a. Public hearing. Upon receiving the application and site plan for a manufactured housing community from the planning and development director, the Asheville Planning and Zoning Commission shall hold a public hearing on the proposed development.
b. Review of site plan and manufactured housing community (MHC) district designation. The site plan and MHC District designations shall be reviewed at the next regularly scheduled meeting of the Asheville Planning and Zoning Commission following review and approval or conditional approval of the plan by the technical review committee.
c. Recommendation for approval of MHC district designation and approval of site plan. If the site plan is approved and the MHC district designation is recommended for approval by the Asheville Planning and Zoning Commission, the planning and development director shall notify the city clerk and present the MHC district designation for review and consideration at the next regular meeting of the Asheville City Council.
d. Approval of MHC district designation and conditional approval of site plan. If the Asheville Planning and Zoning Commission recommends approval of the MHC district designation and grants conditional approval to the site plan, the applicant shall revise the plan based upon the conditions of the approval and resubmit it. The planning and development director shall review the revised plan and if it meets all of the approval conditions and is otherwise unchanged from the original, shall signify on the plan the change of status from conditional approval to approval. The planning and development director shall then present the MHC district designation for review and consideration at the next regular meeting of the Asheville City Council. The applicant shall have 60 days to revise the plan in accordance with the approval conditions or it shall be deemed denied.
e. Denial of the MHC district designation and/or site plan. If either the MHC district designation or the site plan is recommended for denial, the entire project is considered denied. If the project is denied, the applicant shall be informed in writing of the reasons for denial. If the MHC district designation is denied, the request cannot be reconsidered until one year after the date of action taken by the Asheville Planning and Zoning Commission to deny the request.
f. Timing. The Asheville Planning and Zoning Commission shall consider the request at its next regular meeting, unless parties agree to another time.
(2) Action by Asheville City Council.
a. Review of MHC district designation. Following review and recommendation for approval by the Asheville Planning and Zoning Commission, the MHC District designation shall be presented for review and consideration at the next available meeting of the Asheville City Council. The public hearing will be scheduled as provided by city council's rules of procedure. The city council does not review the preliminary master plan unless the decision of the Asheville Planning and Zoning Commission is appealed.
b. Approval of MHC district designation. If the Asheville City Council approves the MHC district designation, the applicant may then apply for all appropriate construction permits and proceed toward construction.
c. Denial of MHC district designation. If the Asheville City Council denies the MHC district designation, the applicant will be informed in writing of the reasons for denial. If the Asheville City Council denies the MHC district designation, the provisions of section 7-7-7 (Waiting Period for Subsequent Applications) shall apply.
d. Timing. The Asheville City Council shall consider the request within 35 days of receiving the request for consideration of the MHC district designation.
(3) Public dedications. Asheville City Council approval and acceptance are required for the public dedication of any properties, streets, easements, or rights-of-way. When public dedications are required, the request will be presented for review and approval at the next available meeting of the Asheville City Council. The Asheville City Council shall take action within 30 days of reviewing the request for public dedication. Approval of public dedications shall be a condition of project approval.
(f) Public notification. Notice of public hearings or public meetings required under this section for manufactured housing community approval shall be provided in accordance with the provisions of section 7-5-20 of this chapter.
(g) Project phasing. If a project is to be developed in phases, a master plan for the entire development site must be approved by the Asheville Planning and Zoning Commission prior to the beginning of construction on any phase.
Final plans for the phases of the manufactured housing community development may be submitted in stages and shall be approved by the planning and development department staff provided that the following requirements are met:
(1) All stages shall be shown with precise boundaries on the master plan and shall be numbered in the expected order of development.
(2) Each phase must be able to exist independently of subsequent phases by meeting all applicable laws and regulations as if the phase were a separate project.
(3) All the data required for the project as a whole shall be given for each stage shown on the plan.
(4) A proportionate share of the open space and common facilities shall be included in each stage of the development.
(5) The phasing shall be consistent with the traffic circulation, drainage, and utilities plan for the entire master plan for the rental community.
(h) Variances. Variances from the requirements of this chapter for manufactured housing communities may be approved by the Asheville City Council upon the recommendation of the Asheville Planning and Zoning Commission. Requests for variances shall be identified in the public notices required by subsection 7-5-7(f).
(i) Appeals. If the site plan is denied or granted conditional approval, or if no action is taken within ten days by the technical review committee, the applicant may appeal the decision to the Asheville Planning and Zoning Commission within 30 days after denial, conditional approval, or lack of action by the technical review committee. The Asheville Planning and Zoning Commission shall approve, grant conditional approval, or deny the site plan.
If the MHC district designation is denied, or if the site plan is denied or granted conditional approval, or if no action is taken within 35 days by the Asheville Planning and Zoning Commission, the applicant may appeal the decision to the Asheville City Council within 30 days after denial, conditional approval, or lack of action by the Asheville Planning and Zoning Commission. The Asheville City Council shall approve, grant conditional approval, or deny the plan.
(j) Permit validity. Approval of the site plan for a manufactured housing community and the MHC zoning designation shall be valid for one year from the date of approval by Asheville City Council. Failure to initiate construction, or otherwise begin the permitted use, within this time shall render the manufactured housing community approval void.
Permits for phased development of a manufactured housing community shall remain valid for the time approved by the Asheville Planning and Zoning Commission as part of the master plan approval.
(k) Violations. Violations of the approved master plan for the manufactured housing community shall be considered a violation of this chapter and subject to the provisions of section 7-18.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2843, § 1(c), 8-28-01; Ord. No. 3156, § 1, 8-24-04; Ord. No. 3374, §§ 1(d), (e), 7-11-06; Ord. No. 4361, § 1c, 3-23-21)
(a) Major subdivisions.
(1) Purpose and application. The major subdivision review process is required for those divisions of land into two or more lots where the extension of public streets or private streets built to City of Asheville standards is required. Review of the preliminary plat by the Technical Review Committee ("TRC") is required under the major subdivision review process. Review and approval of the final plat is done by the technical review staff.
(2) Pre-application procedure.
a. Conference. It is required that every applicant for a major subdivision meet with the designated staff in a conference prior to the submittal of a subdivision plat. The purpose of this conference is to provide clarification and assistance in the preparation and submission of plats for approval.
b. Sketch plan. A sketch plan shall be submitted to the development services department prior to or at the pre-application conference. Upon submittal of the sketch plan, the designated staff shall conduct an initial review to determine whether the proposed subdivision is a major subdivision.
c. Neighborhood Meeting. The prospective applicant shall meet with the surrounding community during the pre-application phase. No application for Level II development shall be accepted for review by the city unless the following criteria are met:
1. A community meeting shall be held with the surrounding residents of the proposed development site at least 14 days but not more than four months prior to any application submission to the city. This meeting shall follow the principals outlined in the “Neighborhood and Community Meeting Guide for Development” (Guide) as maintained by the city.
2. Notification requirements. The meeting shall be advertised as follows:
a. A sign meeting the requirements found in the guide shall be posted on each street frontage of the proposed development site at least 14 days prior to the meeting date; and
b. Mailed notice shall be sent to all physical addresses and property owners within 400 feet of the proposed development site. This notice shall follow the published template provided by the city; and
c. E-mailed notice shall be sent to any neighborhood association or organization on file with the city’s neighborhood services section at least 14 days prior to the meeting date; and
d. The prospective developer or designee shall register the neighborhood meeting with the city on a form provided by the city at least 14 days prior to the meeting date.
3. Evidence of compliance with this section shall be provided to the city on a form provided by the city prior to submittal of any application for Level II development.
(3) Preliminary plat/site plan submittal.
a. Plat/Site plan(s) required. A preliminary plat/site plan(s) for a proposed major subdivision shall be prepared by a professional land surveyor, licensed landscape architect, or licensed engineer and shall be prepared in accordance with the Unified Development Ordinance ("UDO"), the City of Asheville Standard Details and Specifications Manual, other applicable city ordinances, city policies and state law.
b. Filing of application. A complete application packet containing all information as required by the development services director shall be submitted according to the established schedule of the TRC prior to the technical review committee meeting at which it is to be reviewed.
c. Public notification.
1. Application. Notice of the major subdivision application shall be posted on the property at a conspicuous place at least seven days prior to the TRC meeting at which the major subdivision application will be considered. The sign shall state the words "Notice of Technical Review Meeting" in letters at least six inches high and shall identify the means to contact the appropriate city official or website for information about the application.
2. Decision. No later than ten days after a decision on the major subdivision application is made by the TRC, a copy of such decision shall be mailed to property owners within 200 feet pursuant to Section 7-5-20(b)(2).
d. Review and action at TRC. The preliminary plat of a proposed major subdivision shall first be reviewed by the designated staff for compliance with the subdivision regulations and other applicable provisions. Unless required to be reviewed by the HRC as set forth in subsection (e) below, the designated staff shall then present the preliminary plat to the TRC at the next regular meeting of the TRC following receipt of the application. Review of the preliminary plat by the TRC will be ministerial in nature, and limited to compliance with the regulations set forth in this UDO. The TRC may vote to approve, approve with conditions, or deny the preliminary plat. The preliminary plat decision is considered final on the date the TRC renders its decision.
Once the preliminary plat is approved, the applicant may proceed with infrastructure construction and final plat approval in accordance with such approval. If the preliminary plat is not approved, the TRC shall set forth in writing the reasons for denying approval of the plat.
e. Historic overlay districts and local historic landmarks. All lots of proposed subdivisions located in a historic overlay district or of land designated as a local historic landmark shall be reviewed by the Historic Resources Commission ("HRC") for issuance of a preliminary approval to ensure that any potential development on the proposed subdivided lot(s) that would require a certificate of appropriateness would not be incongruous with the special character of the historic district and/or local historic landmark in terms of building setback, orientation and consistency with the historic development pattern. HRC approval shall precede TRC review, if applicable. The process for HRC review of proposed subdivisions and preliminary approval shall be quasi-judicial; decisions shall be made based on the applicable ordinances and historic design standards guidelines. Subsequent to final subdivision approval, a separately issued certificate of appropriateness(s) will be required for any proposed construction and/or actual site development (if not included as part of the initial subdivision review) prior to issuance of building and zoning permits in accordance with section 7-5-11 of the City Code.
f. Approvals. Approval of the preliminary plat for major subdivisions shall be valid for two years from the date of approval by the TRC. The final plat for the major subdivision shall be approved and recorded prior to the end of this two-year period. An HRC approved subdivision shall be valid for two years from the date of approval by the HRC. Major subdivisions with more than 20 lots shall be exempt from this time limit as set forth in this section, but are instead subject to the phasing schedule appearing in the approved preliminary plat; however, under no circumstances shall this phasing period exceed five years.
(4) Guarantee in lieu of construction of improvements. In lieu of completion of construction of the required improvements and utilities prior to final plat approval, the property owner may submit to the city a performance guarantee as set forth in Article XV.
(5) Final plat. The final plat of a major subdivision shall be reviewed by the designated staff for compliance with the requirements of this chapter and for conformity with the approved preliminary plat. Substantial changes from the preliminary plat, as determined by the planning and development director, or their designee, shall require an additional review by the TRC, to ensure compliance with existing regulations. Provided the final plat is complete, and no further review is determined to be required, the designated staff shall act on the final plat of major subdivisions within 30 days of receipt of the plat. Following final plat approval, the applicant shall record the plat for the major subdivision in accordance with this subsection. No lots in a subdivision shall be sold prior to approval by the city and recording of a plat for the subdivision.
a. Recordation and signatures.
1. Signatures. Upon approval of a final plat for major subdivisions, the plat shall be signed in the appropriate place by the designated staff and by the owner(s).
2. Recordation. A final plat for major subdivisions must be recorded in the office of the Register of Deeds for Buncombe County in compliance with the North Carolina General Statutes within 30 days following approval by the city. No plat shall be considered finally approved until the plat has been recorded.
3. Phasing. Final plats for subdivisions developed in phases shall be recorded in accordance with the schedule set forth in the preliminary plat and approved by the TRC. The applicant may request, in writing, adjustments of the approved schedule and the designated staff may grant extensions of up to 12 months for each phase.
(6) Acceptance of rights-of-way and easements. The approval of a final plat does not constitute acceptance for maintenance or other purposes of improvements in rights-of-way, such as utility lines, street paving, drainage facilities, or sidewalks. Such improvements, when located within the corporate limits of the City of Asheville, may be accepted only by action by the City of Asheville City Council following inspection and approval.
(7) Open space dedication and acceptance. Land designated as public open space or a park on a plat shall be considered to be offered for dedication but not accepted until the Asheville City Council has by express action done so. Until such dedication has been accepted, such areas may be used for open space purposes by its owner or by an association representing owners of lots within the subdivision. Land so offered for dedication shall not be used for any purpose inconsistent with the proposed public use without the approval of the Asheville City Council.
(b) Minor subdivisions.
(1) Purpose. The minor subdivision review process is required for those divisions of land into two or more lots which do not require the extension of public streets or private streets built to City of Asheville standards. Review and approval of the subdivision plat by the staff permits a speedy review while insuring that the proposed subdivision meets all requirements established by the City of Asheville.
(2) Pre-application conference. It is recommended that every subdivision applicant meet with the designated staff in a conference prior to the submittal of a subdivision plat. The purpose of this conference is to provide clarification and assistance in the preparation and submission of plats for approval.
(3) Plan submittal.
a. Plan required. Plats for minor subdivisions shall be prepared by a professional land surveyor in accordance with all applicable city standards, including those set forth by the UDO, the City of Asheville Standard Details and Specifications Manual, other applicable city ordinances, city policies and state law.
b. Filing of application. Plats and a complete application packet containing all information established by the development services director for minor subdivisions shall be submitted to the development services department.
(4) Staff review. Unless review by the HRC is required by subsection (5) below, the plat for a proposed minor subdivision shall be reviewed by the designated staff for compliance with these subdivision regulations and other applicable provisions. The review shall also include compliance by the plat with other ordinances and regulations of the City of Asheville.
Provided the application is complete, the planning and development director shall take action on the plat of the proposed minor subdivision within ten working days of its submittal. Following approval, the applicant shall record the plat for a minor subdivision in accordance with this subsection.
(5) Historic overlay districts and local historic landmarks. All lots of proposed subdivisions located in a historic overlay district or of land designated as a local historic landmark shall be reviewed by the HRC for issuance of a preliminary approval to ensure that any potential development on the proposed subdivided lot(s) that would require a certificate of appropriateness would not be incongruous with the special character of the historic district and/or local historic landmark in terms of building setback, orientation and consistency with the historic development pattern. HRC approval shall precede TRC review, if applicable. The process for HRC review of proposed subdivisions and preliminary approval shall be quasi-judicial; decisions shall be made based on the applicable ordinances principles and historic guidelines. Subsequent to subdivision final approval, a separately issued certificate of appropriateness(s) will be required for any proposed construction and/or actual site development (if not included as part of the initial subdivision review) on the lot(s) prior to issuance of building and zoning permits in accordance with the provisions of section 7-5-11 of the City Code.
(6) Public notification. No public notification is required for minor subdivision review.
(7) Final plat approval.
a. Recordation and signatures.
1. Signatures. Upon approval of a plat for minor subdivisions, the plat shall be signed in the appropriate place by the designated staff and by the owner(s).
2. Recordation. A plat for minor subdivisions must be recorded in the office of the Register of Deeds for Buncombe County in compliance with the North Carolina General Statutes within 30 days following approval by the city. No plat shall be considered finally approved until the plat has been recorded. No lots in a subdivision shall be sold prior to approval by the city and recording of a plat for the subdivision.
(c) Fees. For all categories of subdivision, fees as established by the City of Asheville Fees and Charges Manual shall be due and payable when the application is submitted.
(d) Appeals. All appeals from preliminary and final plat approvals shall be to Buncombe County Superior Court in accordance with state law.
(e) Violations. Violations of the provisions of this section 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. 2564, § 1, 4-27-99; Ord. No. 2724, § 1(a)—(c), 7-11-00; Ord. No. 3032, § 1(c), (d), 6-10-03; Ord. No. 3328, § 1(h), 1-24-06; Ord. No. 3374, §§ 1(f)—(h), 7-11-06; Ord. No. 3466, § 1(a), 4-24-07; Ord. No. 3572, §§ 1(f), (g), 1-8-08; Ord. No. 3708, § 1, 3-10-09; Ord. No. 3984, §§ 1b—d, 6-14-11; Ord. No. 4492, § 1b, 4-12-16; Ord. No. 4736, §§ 1a—c, 3-26-19; Ord. No. 4836, § 1(b), 10-27-20; Ord. No. 5020, § 1(a), 6-13-23)
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