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Asheville Overview
Asheville, NC Code of Ordinances
ASHEVILLE, NORTH CAROLINA CODE OF ORDINANCES
SUPPLEMENT HISTORY TABLE
PART I - CHARTER AND RELATED LAWS
Chapter 1 GENERAL PROVISIONS
Chapter 2 ADMINISTRATION
Chapter 3 ANIMALS
Chapter 4 BUILDINGS AND BUILDING REGULATIONS
Chapter 4.5 CABLE SERVICES AND TELECOMMUNICATIONS
Chapter 5 CEMETERIES
Chapter 6 FIRE PREVENTION AND PROTECTION
Chapter 7 DEVELOPMENT
ARTICLE I. AUTHORITY, PURPOSE, JURISDICTION, AND LEGAL STATUS PROVISIONS
ARTICLE II. OFFICIAL MAP, RULES OF CONSTRUCTION, AND DEFINITIONS
ARTICLE III. DECISION-MAKING, ADMINISTRATIVE AND ADVISORY BODIES
ARTICLE IV. COMPREHENSIVE PLAN
ARTICLE V. DEVELOPMENT REVIEW PROCEDURES
ARTICLE VI. VARIANCES, ADMINISTRATIVE APPEAL AND REASONABLE ACCOMMODATIONS1
ARTICLE VII. TEXT AMENDMENTS AND MAP AMENDMENTS
ARTICLE VIII. - GENERAL USE AND EXPANSION DISTRICTS[3]
ARTICLE IX. OVERLAY DISTRICTS
ARTICLE X. GENERAL DEVELOPMENT AND PERFORMANCE STANDARDS
ARTICLE XI. DEVELOPMENT AND DESIGN STANDARDS
ARTICLE XII. ENVIRONMENTAL PROTECTION STANDARDS
ARTICLE XIII. SIGN REGULATIONS
ARTICLE XIV. ACCESSORY AND TEMPORARY USES AND STRUCTURES
ARTICLE XV. SUBDIVISION REGULATIONS
ARTICLE XVI. USES BY RIGHT, SUBJECT TO SPECIAL REQUIREMENTS AND CONDITIONAL USES
ARTICLE XVII. NONCONFORMITIES1
ARTICLE XVIII. ENFORCEMENT
ARTICLE XIX. TREE CANOPY PRESERVATION.
Appendix 7-A. Public Benefits Table.
Appendix 7-B. Reserved
APPENDIX 7-C. RECOMMENDED SPECIES LIST
APPENDIX 7-D. DEVELOPMENT PROCESSES FLOW CHART
APPENDIX 7-E. HISTORIC DISTRICT BOUNDARIES
Chapter 8 HISTORIC PRESERVATION
Chapter 9 TAXES, PERMITS AND BUSINESS REGULATIONS
Chapter 10 NUISANCES
Chapter 11 OFFENSES AND MISCELLANEOUS PROVISIONS
Chapter 12 PARKS, RECREATION AND PUBLIC PLACES
Chapter 13 POLICE
Chapter 15 SOLID WASTE MANAGEMENT
Chapter 16 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
Chapter 18 TAXICABS AND VEHICLES FOR HIRE
Chapter 19 TRAFFIC
Chapter 20 TREES
Chapter 21 WATER DISTRIBUTION SYSTEM
APPENDIX A SIGN REGULATIONS
APPENDIX B SCHEDULE OF CIVIL PENALTIES
APPENDIX C TRAFFIC SCHEDULES
APPENDIX D HISTORIC LANDMARKS
APPENDIX E PARKING METER ZONES
APPENDIX F SCHEDULE OF TAXICAB FARES
APPENDIX G RECREATIONAL FACILITIES WHERE CONCEALED HANDGUNS ARE PROHIBITED
APPENDIX H DESIGNATED STREET PERFORMANCE HIGH IMPACT AREAS
CODE COMPARATIVE TABLE 1965 CODE
CODE COMPARATIVE TABLE ORDINANCES
STATE LAW REFERENCE TABLE
Asheville, Standard Specifications and Details Manual
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Sec. 7-5-17. Driveway access permits.
(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)
Sec. 7-5-18. Reserved.
Editor's note(s)—Ord. No. 4855, § 1(l), adopted Feb. 23, 2021, repealed § 7-5-18, which pertained to the River district design review, and derived from Ord. No. 2369, § 1, adopted May 27, 1997; Ord. No. 2437, §§ 3, 4, adopted Nov. 25, 1997; Ord. No. 4068, § 1a, adopted March 13, 2012; and Ord. No. 4263, § 2, adopted Jan. 14, 2014.
Sec. 7-5-19. Certificate of occupancy.
(a)   Purpose. Issuance of a certificate of occupancy shall be required prior to the occupancy or use of any new construction and re-occupancy or re-use of any renovation/rehabilitation in the City of Asheville. Certificates of occupancy insure that a completed development project has complied with all of the applicable requirements of this chapter, with the applicable standards of the North Carolina State Building Code, and all other applicable federal, state, and local regulations.
A temporary certificate of occupancy shall be issued only when the following conditions are met:
(1)   Remaining or outstanding work other than that required by the North Carolina State Building Code has been bonded (or an irrevocable letter of credit provided) in the amount of one-and-one-half times the estimated cost of completing the work;
(2)   Limitations on occupancy by building area, use, and occupancy type (for example, occupancy by employees but not the public) imposed by the fire department or building safety department are agreed to by the applicant; and
(3)   Outstanding work involving life safety features or components is approved for such temporary certificate of occupancy by the fire chief.
(b)   Pre-application procedure. Although a pre-application conference is not required, applicants are encouraged to contact the building safety department prior to requesting a certificate of occupancy to discuss the procedure.
(c)   Plan submittal—filing of application. A request for a certificate of occupancy may be made by the owner of the property or by an agent authorized by the owner to make the request. The request for a certificate of compliance shall be made at the development and permitting center.
(d)   Staff review. Upon receipt of the request for a certificate of occupancy, the planning and development director, the director of public works, the fire chief, the city engineer, and the director of building safety and/or their designee(s) shall inspect the project building(s) and site for compliance with the approved site plan or subdivision plat and the applicable standards of this chapter, with the applicable standards of the North Carolina State Building Code, and all other applicable federal, state, and local regulations. The building(s) and site shall be inspected within ten working days of the receipt of the request for a certificate of occupancy. The applicant shall be notified of any deficiencies in the building(s) or site which prevent the issuance of the certificate of occupancy. No further action shall be taken to issue the certificate of occupancy until all deficiencies are corrected and a reinspection is performed.
The certificate of occupancy shall be issued only upon finding that the building(s) and site comply with all applicable requirements, including any conditions placed on a project under the provisions of this chapter.
(e)   Public notification. No public notification is required for requests for certificate of occupancy.
(f)   Formal review. No formal review of requests for certificate of occupancy is required.
(g)   Variances. There are no provisions for a variance from the requirement that a certificate of occupancy be issued for all new construction and renovation/rehabilitation to insure compliance with the requirements of the City of Asheville and with the North Carolina State Building Code.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2428, § 8, 11-11-97; Ord. No. 3708, § 1, 3-10-09; Ord. No. 4361, § 1h, 3-23- 21)
Sec. 7-5-20. Notices and public hearings.
(a)   General notice requirements. Each notice for public, legislative or quasi-judicial, hearings required by this chapter shall identify: (1) the date, time and place of the hearing and (2) the nature and character of the proposed action. Where the action being taken concerns a particular property or properties, the notice shall also identify the location of the subject property. At any time the procedures set out in this chapter conflict with North Carolina General Statutes, the North Carolina General Statute procedures will control.
(b)   Notice procedure. The following standards detail the notification procedure to be followed for public hearings required by this chapter unless otherwise set forth in this chapter. Failure to follow procedures set forth in this section may affect the validity of any action taken at a public hearing or public meeting.
(1)   Published notice. Notice for hearings required by this chapter shall be published in a newspaper of general circulation once a week for two successive calendar weeks, with the first notice being published no later than ten days, nor more than 25 days, prior to the date on which the application is to be considered at a scheduled public hearing. Hearings held by the downtown commission shall be exempt from this notice requirement.
(2)   Mailed notice for legislative hearings. First class mailed notice for legislative hearings required by this chapter shall be provided to the person or entity whose application or request is the subject of the hearing, to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing and owners of all properties located within 200 feet of the subject property as said owners are shown on the county tax listings. Such notice shall be mailed no later than ten days before the scheduled date of the hearing.
(3)   Mailed Notice for quasi-judicial hearings. First class mailed notice for quasi-judicial hearings required by this chapter shall be provided to the person or entity whose application or request is the subject of the hearing, to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing and owners of all properties and parcels abutting the subject property as said owners are shown on the county tax listings. Such notice shall be mailed no later than ten days before the scheduled date of the hearing. For the purpose of this section properties are "abutting" even if separated by a street, railroad, or other transportation corridor.
(4)   Posted notice. A sign (or signs) providing information concerning a legislative or quasi-judicial hearing required by this chapter will be posted on property which is the subject of said hearing no later than ten days before the date on which the hearing is to occur. The sign(s) shall be prominently placed on the subject parcel or on an adjacent public street or highway right-of-way. When multiple parcels are involved, a posting on each individual parcel is not required, but the city shall post sufficient notices to provide reasonable notice to interested persons.
(c)   Special notice requirements for telecommunications towers/structures. For any public hearing for special use applications for telecommunication towers and concealed telecommunication support structures, as required by section 7-16-2 hereinafter, additional notice and public hearing requirements shall be provided as set forth in section 7-16-2 of this chapter.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2535, § 4, 1-12-99; Ord. No. 2625, § 1, 10-12-99; Ord. No. 2976, § 1a, 11-12- 02; Ord. No. 3374, § 1(o), 7-11-06; Ord. No. 4274, § 1d, 1-28-14; Ord. No. 4560, § 1e, 2-14-17; Ord. No. 4855, § 1(m), 2-23-21; Ord. No. 4381, § 1(A), 6-8-21)
Sec. 7-5-21. Reserved.
Editor's note(s)—Ord. No. 4560, § 1f, adopted February 14, 2017, repealed § 7-5-21, which pertained to neighborhood/developer meetings and derived from Ord. No. 3072, adopted November 25, 2003.
ARTICLE VI. VARIANCES, ADMINISTRATIVE APPEAL AND REASONABLE ACCOMMODATIONS 1

 

Notes

1
Editor's note(s)—
Ord. No. 4403, § 1a, adopted Apr. 14, 2015, changed the title of Art. VI from "Variances and Administrative Appeals" to read as set out.
Sec. 7-6-1. Variances.
(a)   Purpose. The variance process administered by the board of adjustment is a quasi-judicial process intended to provide limited relief from the requirements of this chapter in those cases where strict application of a particular requirement will create an unnecessary hardship prohibiting the use of land in a manner otherwise allowed under this chapter. It is not intended that variances be granted merely to remove inconveniences or financial burdens that the requirements of this chapter may impose on property owners in general or to increase the profitability of a proposed development. Rather, it is intended to provide relief where the requirements of this chapter render the land difficult to use because of some unique physical attribute of the property itself or some other factor unique to the property for which the variance is requested.
(b)   Provisions which may not be varied by the board of adjustment:
(1)   Other than those exceptions explicitly noted, in no event shall the board of adjustment grant a variance to any special requirement set out in article XVI for a use by right subject to special requirements, or grant a variance with respect to any special use permit or conditional zoning district ordinance adopted pursuant to this chapter.
(2)   In no event shall the board of adjustment grant a variance which would modify, alter, change, or suspend the special requirements set forth in article XVI of this chapter, for a use by right, subject to special requirements, or a special use.
(3)   In no event shall the board of adjustment grant a variance to the flood protection provisions within the designated floodway district which would result in any increase in the flood levels during the regulatory flood discharge.
(4)   In no event shall the board of adjustment grant a variance which would permit the creation of a non- conforming lot except that the board may grant a variance permitting a reduction in lot area and dimensional standards, for an individual lot located in residential districts, provided that the variance does not permit a reduction of greater than ten percent in the required lot area and dimensional standards. Provided further, applications for such variance for additional lot(s) under common ownership or located within the same development shall not be submitted within three years of submittal of the previous application, regardless of the decision of the board on the previous application.
(5)   In no event shall the board of adjustment grant a variance from the design guidelines established for local historic districts and historic landmarks.
(6)   In no event shall the board of adjustment grant a variance which would conflict with the North Carolina State Building Code, the Asheville Fire Prevention Code, or any other state code unless otherwise authorized by laws and regulations.
(7)   Reserved.
(8)   In no event shall the board of adjustment grant a variance from the landscape and buffering standards set forth in section 7-11-1 of this chapter.
(c)   Applications.
(1)   An application for a variance may be filed only by the owner of the land affected by the variance or an agent specifically authorized in writing by the owner to file such application.
(2)   Before filing the application, the applicant is strongly encouraged to meet with the planning and development director or the engineering director if proceeding under sections 7-5-12, 7-12-1 or 7-12-2 of this chapter to discuss the proposed variance and to become more familiar with the applicable requirements and approval procedures of the city.
(3)   An application for a variance shall be filed with the city clerk who will then forward to the planning and development director or the engineering director, if proceeding under section 7-5-12, 7-12-1 or 7-12-2, on a form prescribed by the director, and containing such information and plans as required on the application form. The notice of appeal shall state the grounds for the appeal.
(4)   The application shall be accompanied by a fee as set forth in the City of Asheville's Fees and Charges Manual.
(5)   Once an application is accepted as complete by the clerk, the planning and development director or the engineering director, if proceeding under the section 7-5-12, 7-12-1 or 7-12-2, the application will be scheduled for consideration at a public hearing by the board of adjustment; provided however, all appeals and requests for variances under section 7-5-12 and 7-12-1 of this chapter shall initially be heard by the specifications review committee.
(d)   Action by the board of adjustment.
(1)   Upon receiving the application materials, the board of adjustment shall hold a quasi-judicial hearing on a proposed variance. Notice of the hearing shall be provided in accordance with the provisions of section 7-5-20 of this chapter. The hearing shall be conducted in accordance with the rules of procedure of the board of adjustment and in accordance with the North Carolina General Statutes.
(2)   In considering the application, the board of adjustment shall review the application materials, the staff recommendation, the general purpose and standards set forth in this article for the granting of variances, and all testimony and evidence received by the board of adjustment at the public hearing.
(3)   After conducting the quasi-judicial hearing, the board of adjustment may:
a.   Deny the application;
b.   Conduct an additional hearing on the application; or
c.   Grant the application. The concurring vote of four-fifths of the board of adjustment shall be necessary to grant a variance.
   Any approval or denial of the request shall be accompanied by written findings that the variance meets or does not meet each of the standards set forth in subsection 7-6-1(e) below: except the standards for flood protection regulation variances are set forth in subsection 7-6-1(f). The written decision shall be signed by the chair or other duly authorized member of the board. A quasi-judicial decision is effective upon filing the written decision with the secretary to the board.
(4)   Appropriate conditions, which must be reasonably related to the condition or circumstance that gives rise to the need for a variance, may be imposed on any approval issued by the board of adjustment.
(e)   Standard of review. When unnecessary hardships would result from carrying out the strict letter of this ordinance, the board of adjustment shall grant a variance upon a showing of all the following:
(1)   Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
(2)   The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance.
(3)   The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.
(4)   The variance is consistent with the spirit, purpose and intent of the ordinance such that public safety is secured and substantial justice is achieved.
No change in permitted uses may be authorized by the variance. Appropriate conditions may be imposed on any variance provided that the conditions are reasonably related to the variance.
(f)   Standard of review—flood regulations variances. A variance from the standards set forth in section 7-12-1 of this chapter for flood protection may be granted permitting the erection of a structure with a lowest floor elevation, including basement, lower than the regulatory flood datum if all of the following are met:
(1)   The property on which the structure is to be erected is an isolated lot of one-half acre or less, contiguous to and surrounded by existing structures constructed below such required first floor elevation;
(2)   Good and sufficient cause exists for the granting of the variance;
(3)   Failure to grant the variance would result in exceptional hardship to the applicant;
(4)   The issuance of the variance would not result in increased flood heights, additional threats to public safety, or extraordinary public expense;
(5)   The variance is the minimum necessary to afford relief; and
(6)   The variance would not have the effect of nullifying the intent and purposes of this chapter.
(g)   Standard of review—sign variances. See section 7-13-9 of this chapter.
(h)   Effect of approval or denial.
(1)   After the board of adjustment approves a variance, the applicant shall follow all appropriate procedures set forth in article V of this chapter for the receipt of permits, certificates, and other approvals necessary in order to proceed with development.
(2)   An application for a rehearing may be made in accordance with the board of adjustment's rules of procedure.
(i)   Appeals. Any appeal from the decision of the board of adjustment 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 no later than 30 days, as provided in N.C.G.S. §160D-1405, after a written copy of the decision of the board of adjustment is provided to the applicant.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2453, § 1, 2-24-98; Ord. No. 2637, § 1(b), 11-9-99; Ord. No. 2902, §§ 1(h)—1(j), 3-12-02; Ord. No. 2912, § 1(d), 4-9-02; Ord. No. 3306, § 1(b), 11-22-05; Ord. No. 3369, § 1(c), 6-27-06; Ord. No. 3374, § 1(p), 7-11-06; Ord. No. 3757, § 1c, 7-14-09; Ord. No. 3793, § 1g, 9-22-09; Ord. No. 3943, § 1a, 1-25-11; Ord. No. 4274, § 1b, 1-28-14; Ord. No. 4381, § 1(H)—(M), 6-8-21; Ord. No. 5057, § 1g, 1-23-24)
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