(a) Level III development.
(1) Purpose and application. Due to their size and level of activity, Level III Developments are expected to have a significant impact upon public services and infrastructure and need to be managed for the benefit of the neighborhood or city as a whole. Approval for a Level III development requires a rezoning to one of the expansion zoning districts found in Article VIII of this chapter and must comply with the specific conditions of that expansion district along with the development standards in the Unified Development Ordinance (UDO), the Standard Specifications and Details Manual, and based upon goals outlined within the Comprehensive Plan or other adopted plans.
a. New construction and changes of use to a higher impact.
1. Industrial building(s), structure(s), or development(s) in the river zoning district with a gross floor area of 100,000 square feet or more;
2. Commercial building(s), structure(s) or development(s) with a gross floor area of 100,000 square feet or more;
3. Office or institutional building(s), structure(s) or development(s) with a gross floor area of 100,000 square feet or more;
4. Mixed use buildings, projects, or developments with a gross floor area of 150,000 square feet or more and where over 30—80 percent of the gross square footage is dedicated to residential dwelling units.
5. Any residential development or residential subdivisions containing 50 or more individual dwelling units; or containing 80 or more individual dwelling units if within the Urban Place Form district;
6. Any campground, camper-trailer park, or combination thereof, with 50 or more individual sites and/or units;
7. Any hotel, whether alone or in combination with other uses, that:
a. Fails to meet the criteria in subsection 7-9-7(f) of this chapter,
b. Is over 100 feet in height, or
c. Has a room count over 115 rooms.
b. Additions/expansions. Projects which were not previously approved as a Level III project, but which, with an addition or expansion meets all of the following shall be considered Level III projects: (i) result in a net increase of at least 25 percent or more of the thresholds in section 1(a) above; and (ii) will, with the addition or expansion, reach the minimum thresholds in section 1(a) above.
c. Developments which meet all of the following criteria shall be considered one development and shall be reviewed as a Level III project under this section:
1. The proposed development and a previously approved development are located within 500 feet of each other; and
2. The proposed development and a previously approved development represent different phases of a larger plan that may, or may not, include shared parking facilities, access, utilities or walls; and
3. The application for the proposed development is received within three years of the issuance of a certificate of occupancy for a previously approved development.
(2) Rezoning required. All Level III developments are allowed only in one of the expansion districts enumerated in article VIII of this chapter and include individualized development conditions and a development plan to accompany the rezoning application.
(3) Application procedure. Applications for Level III developments shall follow the conditional zoning process specified in section 7-7-8 of this chapter.
(4) Development plan(s) required. A development plan for a proposed Level III development shall be prepared by a licensed design professional 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) Level II site plan review process.
(1) Purpose and application. The Level II site plan review process is required for development applications within the planning and regulation jurisdiction of the City of Asheville involving new construction, additions, renovations, and changes of use which would fall into one or more of the following categories:
a. New construction and changes of use to a higher impact.
1. Industrial buildings(s), structure(s), or developments in the industrial or commercial industrial districts with a gross floor area of 100,000 square feet or more, and industrial building(s), structure(s), or developments in the river district with a gross floor area of 50,000 to 99,999 square feet.
2. Commercial building(s) or structure(s) with a gross floor area of 35,000 square feet to 99,999 square feet;
3. Office or institutional building(s) with a gross floor area of 35,000 square feet to 99,999 square feet; or
4. Any residential development or camper-trailer park containing 20 to 49 individual dwelling units.
b. Additions/expansions. Projects which were not previously approved as a Level II project, but which, with an addition or expansion meets all of the following shall be considered Level II projects: (i) result in a net increase of at least 25 percent or more of the thresholds in section 1(a) above; and (ii) will, with the addition or expansion, reach the minimum thresholds in section 1(a) above.
c. Projects combined. Developments which meet all of the following criteria shall be considered one development and shall be reviewed as a Level II project under this section:
1. The developments are located within 500 feet of each other;
2. The proposed development and a previously approved development represent different phases of a larger plan that may, or may not, include shared parking facilities, access, utilities or walls; and
3. The application for the proposed development is received within three years of a certificate of occupancy for a previous development.
(2) Pre-application procedure.
a. All applicants for Level II site plan review are required to schedule and attend a pre-application conference with city staff prior to submittal of the application. This conference allows the applicant and staff an opportunity to discuss the review process, the requirements for completing the review schedule, contact persons for services and permits, and information regarding site plans, landscaping, and development requirements. Information regarding the need for a grading and erosion control plan, which will have to be approved through the sedimentation and erosion control staff, will be provided at this time.
The staff can also determine if any special reviews will be required, such as reviews by the historic resources commission, the tree commission, the housing authority of the city, the board of adjustment, or downtown design review staff.
b. Community meeting required. 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) Plan submittal.
a. Site plan(s) required. A site plan for a proposed Level II project shall be prepared by a licensed design professional 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 Level II application shall be posted on the property at a conspicuous place at least seven days prior to the TRC meeting at which the Level II 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 Level II 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. Action by the technical review committee. The site plan for a proposed Level II project shall first be reviewed by the designated staff for compliance with the applicable regulations and other provisions. The designated staff shall then present the proposed site plan to the TRC at the next regular meeting following receipt of the application. Review of the site plans by the TRC shall be ministerial in nature, and limited to compliance with the regulations set forth in this UDO, the City of Asheville Standard Details and Specifications Manual, other applicable city ordinances, city policies and state law. The TRC may vote to approve, approve with conditions, or deny the site plan. The site plan decision is considered final on the date the TRC renders its decision.
If the Level II site plan is not approved, the TRC shall set forth in writing the reasons for denying approval of the site plan.
e. Approvals. Approval of a Level II site plan shall be valid for one year from the date of approval by the TRC. If a zoning permit is not obtained within one year of the TRC approval, the decision of the TRC shall be null and void.
(4) Appeals. Appeals of decisions of the technical review committee regarding developments requiring Level II site plan approval shall be heard by the board of adjustment in accordance with the procedures set forth in section 7-6-2 of this chapter.
(5) Violations. Violations of the approved site plan shall be considered a violation of this chapter and subject to the enforcement and penalty provisions of article XVIII of this chapter.
(c) Level I site plan review process.
(1) Purpose. The Level I site plan review process is required for development projects within the planning and regulation jurisdiction of the City of Asheville and its extraterritorial jurisdiction involving new construction, additions, renovations, and changes of use which do not meet the requirements of the Level II or Level III site plan review processes as set forth in subsections 7-5-9(b) and 7-5-9(a), but do fall into one or more of the following categories:
a. All new developments not meeting the threshold for Level II site plan review, except residential projects containing not more than two dwelling units;
b. Additions with a gross floor area of 500 square feet or more (excluding single-family and duplex residential units);
c. Additions that displace existing parking;
d. Additions that generate the need for more parking;
e. Renovations with a total cost exceeding 75 percent of the appraised value of the building, as determined by Buncombe County Tax Assessor or by an MAI-certified real estate appraiser;
f. Changes of use;
g. Properties located within 500 feet of each other, under the same ownership and/or developed by the same developer over a period of three years or less shall be considered to be one development and reviewed as such;
h. Development projects that require site and/or landscape compliance as referenced in Article XI: Development and Design Standards: section 7-11-1 — General; section 7-11-3 — Landscape and buffering standards; section 7-11-3(f) — Compliance and maintenance; and section 7-11-10 — Outdoor lighting standards.
(2) Pre-application procedure. A predevelopment conference with the planning and development director prior to the preparation of development plans is recommended. This conference introduces the applicant to the review process and the information required on the site plans, landscaping, development standards, and to the contact persons for services and permits. Information regarding the need for a grading and erosion control plan, which will have to be approved through the Asheville sedimentation and erosion control staff, will be provided at this time. The need for special reviews such as reviews by the historic resources commission, the tree commission, the housing authority of the city, the board of adjustment, or the downtown design review staff, can be determined at this time.
(3) Plan submittal.
a. Application required. An application shall be required for all Level I site plan review requests. This application shall contain all information described in Appendix B (Checklists for Applications) and shall be accompanied by a site plan prepared in accordance with the requirements of Appendix A (Map and Plan Standards). The application and site plan shall be submitted to the development and permitting center.
b. Fees. Fees as established by the City of Asheville Fees and Charges Manual shall be due and payable upon submittal of the application for Level I site plan review.
c. Submittal of application. Applications for Level I site plan review, with six copies of the site plans, shall be submitted to the development and permitting center. Applications may be submitted at any time.
(4) Staff review.
a. Departmental review. Upon receipt of the application for Level I site plan review, the site plans shall be distributed to and reviewed by the affected departments of the city for compliance with the requirements of this chapter and other applicable ordinances and laws.
b. Action by reviewing departments. Provided the application and site plan are complete, all departments of the city reviewing the site plan shall take action within ten working days of receipt by the department of the application. Provided the application and site plan are complete, failure of the planning and development director, or any other department of the city reviewing the site plan, to take action within this time shall result in the refund of any applicable application fees for the application and site plan. The refund of any application fee due to the expiration of ten working days shall not cause the review of the application to cease. Staff shall continue with the review of the application. Where the issuance of any city permit shall also require the approval of an agency or department of the United States of America or the approval of the North Carolina Department of Transportation, or of any other state or federal agency or department, the transmittal by the city of the documentation required of the city to these entities shall constitute action by the city within the meaning of this section.
c. Approval. If the site plan is approved by a reviewing city department, that department shall issue an approval to the city's permitting and development office stating any conditions of the approval and notify the applicant that the reviewing city department has completed its review and issued an approval for those elements for which the department is responsible. Notification may be by telephone, facsimile transmission, electronic mail, the Internet, United States mail, or by private mail, wire or messenger service. In all cases, a written copy of the approval along with any conditions shall be attached to the permit released to the applicant by the permitting and development office. The applicant may then proceed with obtaining zoning, building, construction, and other required permits. Projects that displace existing parking, add parking, or involve a change of use of a building also require approval by the fire department.
d. Denial. If the site plan is denied, the reviewing city department shall notify the applicant in writing of the reasons for denial using hand delivery, or certified mail with a return receipt requested. Upon notification of denial, the applicant may revise the plan to address the reasons for denial and resubmit it for review or appeal the decision in accordance with the provisions of this chapter.
(5) Public notification. Public notice shall not be required for Level I site plan review requests.
(6) Formal review. Applications for Level I site plan review are not subject to formal review.
(7) Variances. Requests for variances from the requirements of this chapter for developments requiring Level I site plan review shall be considered by the board of adjustment in accordance with the procedures set forth in section 7-6-1.
(8) Appeals. Appeals of decisions of the planning and development director regarding the Level I site plan review process shall be heard by the board of adjustment in accordance with the procedures set forth in section 7-6-2.
(9) Permit validity. Approval of site plans and permits for developments requiring Level I site plan review shall be valid for one year from the date of approval. Failure to obtain a zoning permit or otherwise begin the permitted use within this time shall render the site plan approval void. Nothing herein shall be construed to extend any time limitations prescribed by statute or by other ordinances in this chapter.
(10) Violations. Violations of the approved site plan for developments requiring Level I site plan review 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, §§ 5—7, 11-11-97; Ord. No. 2439, § 1, 11-25-97; Ord. No. 2619, §§ 1(d)—(f), 9-28-99; Ord. No. 2771, §§ 1(e)—(i), 11-28-00; Ord. No. 2911, §§ 1(a), 1(b), 4-9-02; Ord. No. 2975, § 1, 11-12-02; Ord. No. 3027, § 1, 5-27-03; Ord. No. 3156, § 1, 8-24-04; Ord. No. 3191, § 1, 12-14-04; Ord. No. 3374, §§ 1(i)—(k), 7-11-06; Ord. No. 3466, § 1(d), 4-24-07; Ord. No. 3709, §§ 1b, c, 3-10-09; Ord. No. 3738, § 1, 6-9-09; Ord. No. 3757, § 1b, 7-14-09; Ord. No. 3791, §§ 1f, g, 9-22-09; Ord. No. 3930, § 1a, 11-23-10; Ord. No. 3948, § 1, 2-22-11; Ord. No. 3984, §§ 1d—f, 6-14-11; Ord. No. 4209, §§ 1a—c, 6-25-13; Ord. No. 4560, § 1b, 2-14-17; Ord. No. 4561, § 1a, 2-14-17; Ord. No. 4637, § 1e, 1-9-18; Ord. No. 4855, §§ 1(g), (h), 2-23-21; Ord. No. 4361, § 1d, 3-23-21; Ord. No. 4404, § 1a, 9-28-21; Ord. No. 5020, § 1(b), 6-13-23)