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From and after the designation of a historic landmark or a historic district, no exterior portion of any building or other structure (including masonry walls, fences, light fixtures, steps and pavement or other appurtenant features), nor above-ground utility structure, nor other exterior features such as signs, significant landscape, archeological and natural features of the area, shall be erected, altered, restored, moved, or demolished on such landmark or within such district until an application for a certificate of appropriateness has been submitted to and approved by city staff or the Historic Resources Commission ("HRC"). A certificate of appropriateness must be issued prior to the issuance of a building permit granted for the purposes of constructing, altering, moving, or demolishing structures. A certificate of appropriateness shall be required whether or not a building permit is required.
Decision Type:
Minor Work: Administrative Decision
Major Work: Quasi-Judicial Decision
(a) Minor works.
(1) Purpose. A minor works certificate of appropriateness is required for those projects in which the visual character of the structure or grounds is not substantially changed. Structures and grounds located within local historic districts or associated with landmarks require certificates of appropriateness, which certify that the proposed improvements are not incongruous with the special historic character of the local historic district or landmark. This section describes the procedure for applying for and receiving a certificate of appropriateness for a minor work.
(2) Pre-application procedure. No pre-application conference is required prior to applying for a certificate of appropriateness for a minor work. Applicants are encouraged to call or visit the planning and development department prior to requesting a certificate of appropriateness to determine what information is required for the application and to obtain the appropriate guidelines historic district or landmark design standards.
(3) Application submittal.
a. Filing of application. An application, along with the adopted design standards, for minor works review will be made available or supplied by designated city staff. A completed application and required information shall be filed with the development services department to begin the review process.
b. Fees. For all minor work certificates of appropriateness, fees as established by the City of Asheville Fees and Charges Manual shall be due and payable when the application is submitted.
c. Information required. Each application for a minor works certificate of appropriateness shall include the information for the application type as listed on the application checklist.
(4) Staff review. The director of historic resources or his or her designee shall review the application for compliance with the principles and standards principles and guidelines applicable to the historic district and/or local historic landmark within ten working days. The review may include a meeting with the applicant at the site of the proposed work. If the proposed minor work is consistent with the applicable design review standards guidelines, the director or his or her designee shall issue a certificate of appropriateness for the work.
(5) Public notification. No public notification is required for a minor works certificate of appropriateness application.
(6) Formal review. No formal review of a request for a minor works certificate of appropriateness is required unless an appeal of the decision of the director is taken to the Historic Resources Commission ("HRC").
(7) Variances. No variances from the principles and standards principles and guidelines applicable to a review for a minor works certificate of appropriateness shall be granted.
(8) Appeals. An appeal of the decision of the director of historic resources regarding approval or disapproval of an application for a minor works certificate of appropriateness shall be heard by the HRC. The appeal must be made in writing within 30 days of receipt by the applicant of the written decision of the director of the HRC.
(9) Certificate of appropriateness validity. A minor works certificate of appropriateness shall be valid for one year following approval. If work on the project has not begun prior to expiration of the certificate of appropriateness, the applicant shall be required to resubmit the project to development services for review by the director of historic resources or his or her designee.
(10) Violations. Violations of the provisions of this section 7-5-11 shall include, but not be limited to, failure to obtain a minor works certificate of appropriateness in accordance with the requirements set forth above and/or failure to comply with the terms of a minor works certificate of appropriateness once it has been issued. Discontinuance of work in accordance with the minor works certificate of appropriateness or lack of progress toward completion of the work for a period of 90 days shall constitute a violation of this section 7-5-11. Violations shall be subject to the enforcement and penalty provisions set forth in article XVIII of this chapter.
(b) Major works.
(1) Purpose. A major works certificate of appropriateness is required for those projects which involve new construction; a change in the appearance of a building, structure, or landscape; demolition of a building or structure; relocation of a building or structure; or any other work which is more substantial in nature than work for which a minor works certificate of appropriateness is required. Buildings, structures and grounds located within local historic districts or associated with landmarks require certificates of appropriateness, which certify that the proposed changes are not incongruous with the special historic character of the local historic district or the landmark. The procedures for applying for and receiving a certificate of appropriateness for a major work are set forth in this section.
(2) Pre-application procedure. A pre-application conference is required prior to applying for a certificate of appropriateness for a major work. Applicants should call or visit department staff to discuss proposed design changes and to schedule a pre-application conference to review the major work application.
(3) Application submittal.
a. Filing of application. An application, along with the adopted historic district or landmark design standards, for major works review will be made available or supplied by designated city staff. A completed application and required information shall be filed with the development services department at least 14 days prior to the HRC meeting at which the request is to be heard.
b. Fees. For all major work certificates of appropriateness, fees as established by the City of Asheville Fees and Charges Manual shall be due and payable when the application is submitted.
c. Information required. Each application for a major works certificate of appropriateness shall include the information for the application type as listed on the application checklist. The HRC may refuse to consider or table an application if it determines that insufficient information has been provided by the applicant.
(4) Staff review. Upon receipt of an application for a major work certificate of appropriateness, the director of the department or his or her designee shall review the application to ensure that it is complete. Following the review, the application shall be scheduled for review by the HRC.
(5) Hearing notification. Notice of the quasi-judicial hearing required under this section for major works certificates of appropriateness approval shall be provided in accordance with the provisions of N.C.G.S. § 160D-406.
(6) Formal review/quasi-judicial hearing. All applications for major work certificates of appropriateness shall be considered by the HRC. The request shall be scheduled for review at the next available regular meeting of the HRC. The HRC shall use the applicable principles and standards and principles in its review of all applications for certificates of appropriateness. The hearing shall be conducted pursuant to the rules of procedure established by the commission and according to the requirements of the N.C.G.S. § 160D-406 for quasi-judicial procedures. The HRC then shall take action to approve, approve with modifications, or disapprove the application. The HRC shall cause to be entered into the minutes of its meeting the reasons for its action. The HRC may, at its discretion, view the premises and obtain additional facts concerning any application, and may seek the advice of the North Carolina Department of Cultural Resources or other expert advice as it may deem necessary. All applications for a certificate of appropriateness shall be reviewed and acted upon within a reasonable time not to exceed 180 days from the date the application for a certificate of appropriateness is filed, as defined by the HRC's rules of procedure. The HRC shall base its decision regarding issuance or denial of a certificate of appropriateness upon competent, material and substantial evidence presented at the hearing. The decision shall be in writing, reflect the commission's determination of contested facts and their application the applicable standards, and be approved by the commission and signed by the chair or other duly authorized member of the commission.The decision of the commission shall be delivered within a reasonable time by personal delivery, electronic mail, or by first-class mail to the applicant, landowner, and to any person who has submitted a written request for a copy prior to the date the decision becomes effective. If the application is approved, the secretary of the HRC shall transmit, in writing a certificate of appropriateness, clearly describing the nature of the work which has been approved. The secretary shall attach a copy of the minutes of the meeting at which the approval was granted and a placard form of a certificate of appropriateness, which shall be displayed on the project site.
(7) Variances. No variances from the principles and standards applicable to a review for a certificate of appropriateness shall be granted.
(8) Appeals. An appeal of the decision of the HRC regarding approval of an application for a major works certificate of appropriateness shall be made to the superior court in the nature of certiorari by the later of 30 days after the decision is effective or after a written copy thereof is given in accordance with N.C.G.S. §§ 160D-1402 and 160D-1405.
(9) Certificate of appropriateness validity. A major work certificate of appropriateness shall be valid for one year following approval. If work on the project has not begun prior to expiration of the certificate of appropriateness, the applicant shall be required to resubmit the project to development services for review by the director of historic resources or his or her designee.
(10) Violations. Violations of the provisions of this section 7-5-11 shall include, but not be limited to, failure to obtain a major works certificate of appropriateness in accordance with the procedures set forth above and/or failure to comply with the terms of a major works certificate of appropriateness once it has been issued. Discontinuance of work in accordance with the major works certificate of appropriateness or lack of progress toward completion of the work for a period of 90 days shall constitute a violation of this section 7-5-11. Violations 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. 2976, §§ 1b., c., 11-12-02; Ord. No. 3156, § 1, 8-24-04; Ord. No. 3374, §§ 1(l), (w), 7-11-06; Ord. No. 4736, §§ 1d, e, 3-26-19; Ord. No. 4836, § 1(c), 10-27-20; Ord. No. 4361, § 1f, g, 3-23-21)
(a) Purpose. No approval shall be granted for construction in an area designated as a special flood hazard area as shown on the flood insurance rate maps (FIRMS) for the City of Asheville, as provided by the Federal Emergency Management Agency, and also adjoining lands, which, because of their characteristics, the city determines as being susceptible to flooding or determines as being susceptible to flooding or damage by flooding until the requirements of subsection 7-12-1 of this chapter are met. Procedures for assuring compliance with these requirements are set forth below.
(b) Pre-application procedure. Developers are encouraged to meet with the floodplain administrator prior to submitting an application for development in the special flood hazard area. This will provide developers with the opportunity to obtain information regarding details of the application process.
(c) Plan submittal.
(1) Application required. Applications for permits shall be made to the floodplain administrator prior to performing grading or construction on lands in the special flood hazard area. Applications shall be made on forms furnished by floodplain administrator (repealed in 2007).
(2) Preparation by professional. Plats, designs, calculations, working drawings, and specifications for work shall be prepared by an authorized registered professional properly registered and licensed in North Carolina for the work in which they are engaged.
(3) Fees. Fees, as established by City of Asheville Fees and Charges Manual, shall be due and payable when the application is submitted.
(4) Submittal of plans. Seven copies, unless otherwise required, of the application and supporting data shall be submitted to the floodplain administrator. Applications shall include a detailed site plan showing conditions both before and after the proposed work. Information which must appear on the site plan is set forth in subsection 7-12-1(d)(1).
(d) Staff review.
(1) Engineering staff review. Following submittal of the application and accompanying data, the information shall be reviewed by engineering staff for compliance with the requirements of this chapter. Provided that the application is complete, applications shall be reviewed and acted upon by the city engineering staff and notice given the applicant within 30 days of receipt of the application. Provided that the application is complete, failure of the city engineering staff to act within this time shall result in the refund of application fees. The refund of the application fee due to the expiration of the 30 days shall not cause the review of the application to cease. Staff shall continue with the review of the application.
(2) Submittal of applications to board of adjustment. Applications for projects requiring variances as set forth in subsection 7-12-1(f) shall initially be heard by the specifications review committee, as established under this chapter for review and recommendation. The matter shall then be submitted to the board of adjustment and scheduled for review by the board at their next available meeting.
(f) Formal review—projects requiring variances only.
(1) Review by board of adjustment. The board of adjustment shall consider requests for variances as provided for by subsection 7-12-1(f).
(2) Timing. Provided the application is complete, the board of adjustment shall arrive at a decision on a request for a variance within 30 days after its hearing on the request. In granting variances the board of adjustment may attach appropriate conditions and safeguards which promote the objectives of this chapter.
(h) Appeals. Appeals from decisions of the floodplain administrator shall be heard by the board of adjustment as set forth in subsection 7-12-1(j)(1). An appeal shall be filed, in writing, within 30 days of the date action is taken by the floodplain administrator. Decisions of the board of adjustment may be appealed to the Superior Court of Buncombe County as provided by subsection 7-6-1(i).
(i) Permit validity. Permits for construction activity in designated special flood hazard areas shall be valid for one year. Failure to initiate construction, or otherwise begin the permitted use, within this time shall render the permit void.
(j) Violations. Violations of the requirements for construction activity in designated special flood hazard areas shall be considered a violation of this chapter and shall be subject to the enforcement and penalty provisions set forth in section 7-12-1.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2902, §§ 1(e)—1(g), 3-12-02; Ord. No. 3374, § 1(m), 7-11-06; Ord. No. 3811, § 1, 11-24-09)
(a) Purpose. To assure that land-disturbing activity undertaken in the city does not result in accelerated erosion and sedimentation, no such land-disturbing activity shall take place until plans for controlling erosion associated with the activity have been reviewed and approved in accordance with the procedures set forth below.
(b) Pre-application conference. Prior to applying for a grading permit and submitting erosion control plans, the applicant is encouraged to meet with the erosion and sedimentation control staff of the city to discuss the proposed project. At this meeting, questions regarding information required in the application, schedules for review and construction, and special requirements can be addressed.
(c) Plan submittal.
(1) Filing of application. An application for a grading permit shall be filed with the development and permitting center at least 30 days prior to beginning the proposed land-disturbing activity. Application for a permit shall be made on a form provided by the development and permitting center.
(2) Fees. A permit fee as established by the City of Asheville Fees and Charges Manual shall be due and payable when the application is submitted.
(3) Plan required. All applications for a grading permit shall be accompanied by either a formal erosion control plan or a sketch erosion control plan. A formal plan shall be required when an area of more than 10,000 square feet is to be uncovered. When less than 10,000 square feet are to be uncovered, a sketch plan shall be required. The plans shall be prepared in accordance with the requirements set forth in subsection 7-12-2(c).
(d) Staff review.
(1) Receipt of plans. Upon receipt of the grading permit application and erosion control plan, the erosion and sedimentation control staff shall conduct an initial review of the application and plan to insure that it meets the requirements of section 7-12-2 of this chapter.
(2) Distribution of plans. Upon completion of the initial review, one copy of formal erosion control plans shall be forwarded to the Buncombe County Soil and Water Conservation District for review as required.
(3) Review period. Provided the application is complete, the erosion and sedimentation control staff shall have ten working days following receipt of a sketch erosion plan to review it and notify the applicant of its status. Provided the application is complete, failure to approve, deny or request additional information on the plans within this time shall result in the refund of application fees. 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.
Following receipt of a formal erosion control plan, the erosion and sedimentation control staff shall have 30 days to review it and notify the applicant that it has been approved, approved with modifications, approved with performance reservations, or disapproved. Revised plans must be approved or denied within 15 days.
Provided the application is complete, failure to act on the plans within these time periods shall result in the refund of application fees.
(e) Public notification. No public notification is required for grading permit requests and erosion control plan review.
(f) Formal review. Formal review of grading permit requests and erosion control plans before a board or commission is not required.
(g) Variances. No variances shall be granted from the requirements that a grading permit be obtained and an erosion control plan be approved prior to initiating any land-disturbing activity subject to the soil erosion and sedimentation control regulations set forth in section 7-12-2 of this chapter.
(h) Appeals. Appeals from decisions of the erosion and sedimentation control staff regarding approval of erosion control plans shall be heard by the city's erosion control plan review committee pursuant to that procedure set forth in subsection 7-12-2(s) of this chapter. The applicant must submit a written demand for a hearing within 15 days following receipt of the written notice of the erosion and sedimentation control staff's decision.
(i) Permit validity. When work under a grading permit is not completed within 12 months following the date of issuance of the grading permit, the grading permit shall be deemed expired. Renewal of the grading permit will require the same application procedure as the initial permit. No further grading work is to be performed until the new permit is issued. This provision, however, shall not apply to construction projects which are to be completed in phases provided that the initial application for the erosion control plan for the construction- site indicates a proposed schedule and an erosion control plan for all the phases. In the event that the project is done in separate phases, an erosion control plan for each separate phase shall be submitted and approved by the city with the 12-month period applying to each separate phase.
(j) Violations. Violations of the soil erosion and sedimentation control regulations of this chapter shall be subject to the enforcement and penalty provisions set forth in article XVIII of this chapter.
(Ord. No. 2369, § 1, 5-27-97)
(a) Purpose. To insure that development undertaken in the city does not result in increased stormwater runoff which adversely impacts adjacent property, no development to which this chapter applies, pursuant to the standards set forth in section 7-12-5, shall be commenced without the issuance of a stormwater discharge permit by the city engineer.
(b) Pre-application procedure. Although a pre-application conference is not required, applicants are encouraged to contact the city's engineering department prior to submitting their application to discuss the project.
(c) Plan submittal.
(1) Application required. An application for a stormwater discharge permit shall be made by, or on behalf of, the owner(s) or developer(s) of the site for which a permit is sought. The application shall be filed with the development and permitting center on a form supplied by the development and permitting center, and signed 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) Submittal of plan. Three copies of a complete and detailed stormwater management plan, including detailed design plans and construction specifications, for stormwater management facilities; the exact location of any stormwater management facility; and the proposed location of any access easement(s) shall be submitted to the development and permitting center.
The plan shall be prepared by a registered professional engineer, architect, or landscape architect registered, licensed, or certified pursuant to the North Carolina General Statutes and authorized by law to prepare the analysis, plans, and specifications, and provide the certifications required by the various provisions of this subsection.
(3) Fees. The appropriate stormwater discharge permit application fee, as set forth in the City of Asheville's Fees and Charges Manual, shall be due and payable when the application is submitted.
(d) Staff review.
(1) Engineering department review. Upon receipt of the stormwater discharge permit application and stormwater management plan, the engineering department staff shall conduct a review of the application and plan to insure that they meet the requirements of this chapter.
(2) Review period. The engineering department staff shall have 30 days after receipt of a stormwater discharge permit application and stormwater management plan to review the application and plan and notify the applicant of the status of the review. Failure to approve, approve with modifications, approve with performance reservations, deny, or request additional information on the application and plan within this time shall result in the refund of application fees. 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.
(3) Issuance of stormwater permit. Stormwater discharge permits shall be issued in the name of the applicant(s) and no permit shall be transferred or assigned without the written consent of the city.
(e) Public notification. No public notification is required for stormwater discharge permit requests and stormwater management plan review.
(f) Formal review. Formal review of stormwater discharge permit requests and stormwater management plans before a board or commission is not required.
(g) Variances. No variances shall be granted from the requirements that a stormwater discharge permit be obtained and a stormwater management plan be approved prior to initiating any development activity subject to the stormwater management regulations set forth in subsection 7-12-5 of this chapter.
(h) Appeals. Appeals from the decisions of the engineering department regarding stormwater discharge permits including, but not limited to, denial, suspension, assessment of civil penalties, revocation and interpretation, shall be made to the Asheville City Council. The city council shall conduct a hearing to review the information regarding an appeal in order to make a determination as to whether the requirements set forth in this chapter and the city's stormwater standard specifications manual have been met. The applicant must submit a written demand for a hearing to the city clerk within 30 days following receipt by the applicant of the denial, suspension, revocation, interpretation or other decision of the engineering department from which the appeal is taken. The city council shall schedule the hearing for appeal as soon as the council deems reasonably practicable. At the hearing, the applicant may be represented by an attorney. The city council may affirm, modify or reverse any decision of the engineering department. appeals from the decisions of the city council shall be to the Superior Court of Buncombe County, shall be in nature of certiorari, and shall be filed with the court within 30 days of the applicant's receipt of the decision of the city council.
(i) Permit validity. When a stormwater discharge permit is issued in association with a project requiring a building permit, the stormwater discharge permit shall expire upon the expiration or revocation of the building permit. When a stormwater discharge permit is issued for a project which does not require a building permit, the stormwater discharge permit shall expire if work is not initiated within 12 months of the date of issuance of the permit or if work stops for a 12-month period.
(j) Violations. Violations of the stormwater management regulations shall be subject to the enforcement and penalty provisions set forth in article XVIII of this chapter.
(Ord. No. 2369, § 1, 5-27-97)
(a) Purpose. The zoning vested right is a right which is established pursuant to N.C. Gen. Stat. sec. 160A-385.1 to undertake and complete the development and use of property under the terms and conditions of an approved site specific development plan. Upon issuance of a building permit, the expiration provisions of N.C. Gen. Stat. sec. 160A-422 shall apply, except that a building permit shall not expire or be revoked because of the running of time while a zoning vested right under this section 7-5-15 is outstanding. Obtaining site plan approval or preliminary plat subdivision approval through the vested rights procedure gives the applicant the right to start construction of the development as approved within two years of approval.
(b) Pre-application procedure. The applicant shall meet with the planning and development director to inquire about specific zoning requirements and obtain the proper application forms. The applicant and the planning and development director shall discuss the site plan or subdivision review process and applicable meetings and deadlines. In addition, the planning and development director shall advise the applicant of the specific requirements the project needs to address and discuss other aspects of the vested rights procedure.
(c) Plan submittal.
(1) Filing of application. In order to apply for site plan review under the vested rights procedure, the applicant must indicate his/her intent to obtain vested rights in the form of a letter to the Planning and Development Director. The letter shall include the property address, Buncombe County Tax Office parcel identification number, name of the property owner, and any other pertinent information.
(2) Site plan required. Site plans, prepared in accordance with the standards set forth in Appendix A (Map and Plan Standards), shall be submitted when applying for vested rights. The number of site plans to be submitted depends upon the particular review process and is specified in the procedure section for the particular review process.
(3) Fees. An application fee as established by City of Asheville Fees and Charges Manual shall be submitted with the application.
(d) Staff review. The planning and development director shall review the application and accompanying site plan for compliance with the requirements of this chapter and other applicable regulations. After the review and approval through the appropriate review process, the request for vested rights will be scheduled for a public hearing before the Asheville City Council. The public hearing will be scheduled as provided by city council's rules of procedure.
(e) Public notification. Notice of public hearings or public meetings required under this section for zoning vested rights approval shall be provided in accordance with the provisions of section 7-5-20 of this chapter.
(f) Formal review. Requests for vested rights for site plans and subdivisions shall be scheduled for review at the next regular meeting of the Asheville City Council. At this time, the city council shall hold a public hearing to review the site plan and evaluate its conformance with the requirements of this chapter and other applicable requirements of the City of Asheville. The city council shall then take one of the following actions:
(1) Approve the vested rights request. The planning and development director is then directed to issue a vested rights zoning permit.
(2) Approve the vested rights request subject to conditions which are necessary to protect the public health, safety, and welfare. The planning and development director is then directed to issue the vested rights zoning permit subject to the changes in the site plan to be made by the developer.
(3) Table the vested rights request pending the submittal of additional information.
(g) Variances. Variances from the procedures and requirements for obtaining vested rights as set forth in section 7-11-4 of this chapter shall not be permitted. Requests for variances from the development standards established by this chapter shall be heard by the board of adjustment under the procedures established by section 7-6-1 of this chapter.
(h) Appeals. Aggrieved parties may seek appropriate relief as allowed by law.
(i) Permit validity. A zoning right that has been vested as provided in section 7-11-4 shall remain vested for a period of two years. This vesting shall not be extended by any amendments or modifications to a site specific development plan unless expressly provided by the approving authority at the time the amendment or modification is approved. A zoning permit, conditional use permit, or subdivision approval shall not expire or be revoked because of the running of time while a zoning vested right under this section is outstanding. A vested right shall terminate under the termination conditions as specified in subsection 7-11-4(f) of this chapter.
(j) Violations. Violations of the conditions of the vested rights approval 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. 2843, § 1(d), 8-28-01; Ord. No. 3374, § 1(n), 7-11-06)
(a) Purpose. In order to regulate the provision of sign standards and sign restrictions within the planning and regulation jurisdiction of the City of Asheville, it shall be unlawful to erect or maintain any sign or sign structure without first obtaining a sign permit.
(b) Pre-application procedure. There is no pre-application procedure for sign permits.
(c) Application submittal.
(1) Filing of application.
a. An application for a sign permit may be filed by the owner of the property or sign or by an agent specifically authorized by the owner to file such application. The application for a sign permit shall be filed with the City of Asheville Planning and Development Department, Code Enforcement Division, on a form provided by the Division.
b. Sign contractor's license. No person shall engage in the business of erecting or maintaining signs in the City of Asheville unless said person has been issued a sign contractor's license which has not expired at the time said work is done. This requirement shall be interpreted to exclude those persons who construct and erect a principal use identification sign when that sign is used at that person's place of business, provided all construction and installation is properly permitted and inspected for compliance with the applicable building codes of the City of Asheville and other sections of this article.
c. Outdoor advertising license. No person shall erect or maintain off-premises advertising structures in the City of Asheville unless said person has been issued an outdoor advertising license which has not expired at the time said work is done. In order to obtain an outdoor advertising license, the licensee must be a licensed sign contractor, as described in subsection a. above, and must submit annually upon renewal of this license a listing of all sign structures leased, owned, or maintained by this licensee. Such list shall give the specific location of each sign by reference to ward, sheet, and tax lot number as indicated on the Buncombe County tax maps and by reference to the name of the property owner.
(2) Fees. A permit fee as established by the City of Asheville Fees and Charges Manual is requested and shall be submitted with the application. Work performed without a permit shall be subject to a late fee. When any permit has been revoked under the terms of this chapter, the permit fees shall not be refunded. If a sign permit is denied, however, the permit fee will be refunded.
(3) Information required. Each application for a sign permit shall be accompanied by complete information as required by Appendix B (Checklists for Applications) and shall include, without being limited to, a site plan and elevation drawings of the proposed sign, a drawing of the building façade indicating the proposed location of the sign, height, dimensions and square footage of the proposed sign and any other data as the sign administrator may determine to be necessary for review of the application.
(d) Staff review. Provided the application is complete, the sign administrator shall review the application and determine whether it is complete within ten working days of its submittal. Provided the application is complete, failure by the sign administrator to act within this time shall result in the refund of application fees. 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. If the application is incomplete, the sign administrator shall notify the applicant of any deficiencies. No further steps shall be taken to process the application until the applicant corrects the deficiencies. The sign administrator shall issue a permit only upon finding that the proposed sign or sign structure satisfies the requirements of section 7-13.
(e) Public notification. No public notification is required for sign permit requests.
(f) Formal review. No formal review of sign permit requests is required.
(g) Variances. Requests for variances from the requirements for signs set forth in this chapter shall be heard by the board of adjustment under the procedures established by section 7-6-1.
(h) Appeals. Appeals of the decisions of the sign administrator shall be heard by the board of adjustment under the procedures established by section 7-6-2.
(i) Permit validity. Upon issuance of a sign permit, the applicant will have one year to commence work on the approved signage, after which the permit shall automatically become null and void. The sign administrator may grant a single 30-day extension of time within which operations must be started or resumed. All requests for such extensions and approval thereof shall be in writing.
(j) Violations. Violations of the conditions of a sign 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. 3043, § 1(h), 7-22-03; Ord. No. 3642, § 1b, 9-9-08)
(a) Purpose. A driveway access permit shall be required prior to the construction of a driveway or other connection within the right-of-way of a state roadway system or highway or City of Asheville roadway system. The procedure set forth below shall be followed to obtain a permit for the construction of a driveway or other connection within the public right-of-way.
(b) Pre-application procedure. No pre-application conference is required prior to applying for a driveway access permit. Applicants are encouraged to call or visit the city's traffic engineering division prior to requesting a driveway access permit to determine what information is required for the application and to determine if any special conditions exist which may affect the construction or modification of a driveway at the site.
(c) Plan submittal.
(1) Filing of application. An application for a driveway access permit may be filed by the owner of the property or by an agent authorized by the owner to file such application. The application for a driveway access 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.
Where a driveway is connected to a state maintained roadway, fees as established by the N.D. Department of Transportation shall be due and payable when the application is submitted.
(3) Information required. Each application for a driveway access permit shall contain the information described in Appendix B (Checklists for Applications), including a site plan, prepared in accordance with the standards established by Appendix A (Map and Plan Standards), showing the location of the proposed driveway access point and construction specifications. Other information necessary to show that the proposed driveway complies with the standards set forth in this chapter and in the Asheville Standard Specifications and Details Manual shall also be provided.
(d) Staff review. The city's traffic engineer shall review the application for compliance with the standards established by the City of Asheville for driveway access. The application for a driveway entrance permit shall be reviewed and comments provided by the city traffic engineer within ten working days of its submittal. Failure of the city traffic engineer to take action within this time period shall result in the refund of application fees. 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 driveway access permit applications.
(f) Formal review. No formal review of driveway access permit applications is required.
(g) Variances. Requests for variances from the requirements for driveway entrances set forth in this chapter shall be heard by the board of adjustment under the procedures established by section 7-6-1 of this chapter.
(h) Appeals. Appeals of the decisions of the city traffic engineer shall be heard by the board of adjustment under the procedures established by section 7-6-2 of this chapter.
(i) Permit validity. The driveway access permit shall be valid for one year only. The public works director may grant a single extension of this time period up to six months upon submittal by the applicant of sufficient justification for the extension. Any change in the approved plan shall render the driveway access permit invalid.
(Ord. No. 2369, § 1, 5-27-97)
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