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Proposed changes or amendments to the text of this chapter may be initiated by the Asheville City Council, the Asheville Planning and Zoning Commission, the board of adjustment, the planning and development director, any owner of a legal or equitable interest in land located in the city or its extraterritorial jurisdiction, or any resident of the city or its extraterritorial jurisdiction. Proposed zoning map amendments may be initiated by the Asheville City Council, the Asheville Planning and Zoning Commission, the board of adjustment, the planning and development director, or any owner of a legal or equitable interest in the property for which the map amendment is requested. A zoning study of a defined area may be requested upon submittal to the planning and development department of a petition signed by 51 percent of the property owners in the defined area for which the zoning study is requested who own at least 51 percent of the property (acreage) in the defined area for which the zoning study is requested. The area for which the zoning study is requested must be defined by the petitioners requesting the zoning study and may be of any size and include any number of individual contiguous parcels, including a public street. The area defined by the petitioners will be used by city staff to determine if the required 51 percent of property owners owning at least 51 percent of the property have signed the petition requesting the zoning study. Upon confirmation that the petition for a zoning study is valid, it shall be forwarded to the Asheville City Council for a determination of whether the zoning study should be initiated for the defined area and any portion thereof. The city council may initiate the zoning study, elect not to initiate the zoning study, or reduce the size of the area to be included in the zoning study and initiate a zoning study of the reduced area.
(Ord. No. 2369, § 1, 5-27-97)
(a) Pre-filing meeting. Before filing a petition for an amendment or a request for a zoning study, an applicant shall meet with the planning and development director to discuss the proposed amendment or request and to become more familiar with the applicable requirements and approval procedures of the city.
(b) Filing.
(1) A petition requesting an amendment or a zoning study shall be filed with the planning and development department on a form provided by the director.
(2) Applicable fees shall be payable as set forth in the City of Asheville's Fees and Charges Manual.
(3) Petitions must be submitted by 12:00 noon on the last Friday of a month in order for the petition to be heard at the meeting of the planning and zoning commission scheduled at least 30 days later.
(c) Content of applications.
(1) Each application shall contain or be accompanied by all information required on the application form provided by the planning and development director.
(2) Every amendment proposing to change the district boundary lines shall be accompanied by a metes and bounds description, a survey of the area involved, or reference to existing lots, sufficient in the estimation of the planning and development director to plot or otherwise identify the amendment on the official zoning maps of the City of Asheville.
(3) Any person designated by the owner(s) of the property included in the petition to serve as agent for the owner shall submit such authorization in writing with the application.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 3296, § 1, 10-25-05)
(a) Review—general. The Asheville Planning and Zoning Commission shall hold a public hearing to consider proposed amendments. Notice of the public hearing shall be provided in accordance with the provisions of section 7-5-20 of this chapter. The public hearing shall be conducted in accordance with the rules of procedure of the commission. The commission will make recommendations to the Asheville City Council regarding whether to approve or deny each proposed amendment. When considering an amendment, the Asheville Planning and Zoning Commission shall base its decision on considerations as set forth in subsection 7-7-5(b).
(b) Affirmative recommendation by the Asheville Planning and Zoning Commission. Following an affirmative recommendation by the Asheville Planning and Zoning Commission on the proposed amendments, the action shall be reported to the Asheville City Council for a public hearing and final action according to the process set forth is subsection 7-7-5 of this chapter. The public hearing will be scheduled as provided by city council's rules of procedure.
(c) Negative recommendation by the Asheville Planning and Zoning Commission. Following a negative recommendation by the Asheville Planning and Zoning Commission on the proposed amendments, the action shall be reported to the Asheville City Council for a public hearing and final action according to the process set forth in subsection 7-7-5. The public hearing will be scheduled as provided by city council's rules of procedure.
(d) No action by the Asheville Planning and Zoning Commission. If the Asheville Planning and Zoning Commission has made neither a positive nor a negative recommendation on a proposed amendment within 30 days of referral of the amendment to the Commission, the Asheville City Council may act on the amendment without the Planning and Zoning Commissions report. The proposed amendment shall be accompanied by a record of the Asheville Planning and Zoning Commission's comments regarding the amendment and the reasons, if any, for their lack of action.
(e) Content of recommendations. Any recommendation made by the planning and zoning commission to the city council pursuant to this section shall be in writing and shall include a statement describing whether the proposed amendment is consistent with the comprehensive plan and any other applicable plan, and shall address any other matter deemed appropriate by the commission.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2428, § 9, 11-11-97; Ord. No. 2843, § 1(e), 8-28-01; Ord. No. 3306, § 1(e), 11- 22-05; Ord. No. 3374, § 1(r), 7-11-06; Ord. No. 4381, § 1(X), 6-8-21)
(a) Review—general. Following receipt of a recommendation on a proposed amendment, the Asheville City Council shall hold a public hearing on the proposed amendment. The public hearing will be scheduled and conducted as provided by city council's rules of procedure. Notice of the hearing shall be provided in accordance with the provisions of section 7-5-20 of this chapter and the North Carolina General Statutes.
(b) Action.
(1) Before acting on any proposed amendment, the Asheville City Council shall consider any recommendation made by the Asheville Planning and Zoning Commission, the recommendation submitted by the Planning and Development Department to the Asheville Planning and Zoning Commission, the comments made at the public hearing, and any other relevant additional information.
(2) With the exception of conditional zonings as described in section 7-7-8, when considering a proposed amendment, the Asheville City Council will not evaluate the petition based on any specific proposal for the use or development of the property. The petitioner shall not use any graphic materials or descriptions of the proposed development except for those which would apply to all uses permitted by the requested classification.
(3) Upon reviewing all pertinent information, the Asheville City Council may:
a. Adopt the proposed amendment;
b. Reject the proposed amendment;
c. Refer the proposed amendment back to the Asheville Planning and Zoning Commission for further consideration or hearing; or
d. Modify the proposed amendment.
(4) Considerations during decisions. Prior to adopting or rejecting any zoning amendment, the city council shall adopt a statement describing whether its action is consistent with the comprehensive plan and any other applicable plan, and shall state why the action taken is considered to be reasonable and in the public interest.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2843, § 1(f), 8-28-01; Ord. No. 3306, § 1(f), 11-22-05; Ord. No. 3374, § 1(s), 7- 11-06; Ord. No. 4381, § 1(Y), (Z), 6-8-21)
(a) Waiting period - general. When an application for a zoning amendment has been approved or denied by the Asheville City Council, no rezoning application covering the same property shall be accepted or considered within 12 months after the date of the approval or denial. This restriction shall apply regardless of whether or not the new application is for a zoning classification different from the original application.
(b) Waiting period - waiver. The waiting period required by this section may be waived by a three-fourths vote of Asheville City Council if it determines that there have been substantial changes in conditions or circumstances which may relate to the request.
(Ord. No. 2369, § 1, 5-27-97)
(a) Purpose. Conditional zoning is established to provide for flexibility in the development of property while ensuring that the development is compatible with neighboring uses. Conditional zoning affords a degree of certainty in land use decisions not possible when rezoning to a general use district. Additional conditions, standards and regulations are attached to a proposed development to ensure that the activities and operations are compatible with the surrounding uses and with applicable adopted plans in accordance with the requirements of this section.
(b) Conditional zoning districts. Conditional zoning is available to any of the general zoning classifications enumerated in this chapter, except for those that require a master plan as part of the application (e.g. Urban Village). Expansion zoning districts are only allowed as conditional zoning districts for Level III projects and as otherwise indicated in the Table of Permitted Uses and this UDO. Applicants for Level III projects shall select the most applicable expansion district based on the proposed use(s). The conditional zoning designation shall be indicated on all zoning maps and other official documents with the suffix, "CZ" (e.g. RM-8 CZ; IND CZ; COM EXP CZ).
(c) General requirements. The following provision shall apply in the administration of conditional zoning.
(1) A conditional zoning application shall be considered only upon submittal of a complete application by the owner of the affected property or a duly authorized representative of the property owner.
(2) Development plans 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 Specifications and Details Manual, other applicable city ordinances, city policies and state law.
(3) All standards and requirements of the corresponding general use zoning district or expansion district shall be met, except to the extent that the conditions imposed by the conditional zoning may be more or less restrictive than the development standards if such conditions comply with the comprehensive plan or other adopted plans, and/or except where the requirements are modified in accordance with subsection 7-7-8(c)(6). A conditional zoning involving an expansion district must meet all standards and requirements of the expansion district.
(4) No uses shall be permitted except those enumerated in the ordinance adopting the conditional zoning.
(5) The conditions agreed upon pursuant to the conditional zoning approval shall be stated in the adopting ordinance and may limit the uses which are permitted on the property. By way of illustration and not limitation, conditions may specify location on the property of the proposed structure(s), the number of dwelling units, the location and extent of supporting facilities such as parking lots, driveways, access streets, and sidewalks, the location and extent of landscaping, buffer areas and open space, the timing of development, the height of structures, the design and orientation of structures, the location and extent of rights-of-way and other areas to be dedicated for public purposes, and other such matters as may be identified as appropriate for the proposed development.
(6) Minor modifications to the approved site plan may be reviewed and approved administratively provided that they do not involve a change in permitted uses, changes in overall density or substantial changes to the configuration of the development that affect the operation or impacts of the development. Any other modification of the conditions and standards in a conditional zoning district shall be approved by the city council following this review process as an amendment to the conditional zoning ordinance and may be referred to the technical review committee as appropriate. The planning and urban design director shall in every case have the discretion to decline to exercise the power to approve minor modifications as provided for herein, and may require the applicant to seek an amendment to the conditional zoning ordinance.
(7) When adopting or rejecting any zoning amendment, the city council shall also approve a statement describing whether its action is consistent with an adopted comprehensive plan and any other officially adopted plans that are applicable, and briefly explain why the council considers the action taken to be reasonable and in the public interest. That statement is not subject to judicial review.
(8) Any violation of a provision of a conditional zoning ordinance shall be treated the same as any other violation of this chapter and shall be subject to the same remedies and penalties as any other such violation.
(9) If no action has been taken to obtain a zoning permit or otherwise begin development of the property in accordance with the conditional zoning ordinance within 24 months of its approval by city council, the planning and urban design director may initiate appropriate action to rezone the affected property to any other classification. The conditional zoning ordinance may provide a specific duration of the approval. Appropriate approval conditions may be added to guarantee site maintenance and security. Nothing herein shall be construed to extend any time limitations prescribed by statute or by other ordinances in this chapter.
(10) If the use(s) commenced pursuant to a conditional zoning ordinance is abandoned or discontinued as described in article 17 the planning and urban design director may initiate appropriate action to rezone the affected property to any other classification or the applicant may seek an amendment to the conditional zoning approval by following the process outlined in this chapter.
(11) No variances or special use permits may be issued for developments on property that is subject to a conditional zoning ordinance.
(d) Pre-application procedure.
(1) Pre-application conference. All applicants for conditional zoning are required to schedule and attend a pre-application conference with city staff prior to submittal of the complete application. These conferences allows the applicant and staff an opportunity to discuss the rezoning request, the requirements for completing the review schedule, contact persons for services and permits, and information regarding site plans, landscaping, and development requirements.
The staff can also determine if any special reviews will be required, such as reviews by the historic resources commission, the tree commission, Asheville Area Riverfront Redevelopment Commission, or downtown commission.
(2) Neighborhood meeting. The prospective applicant shall meet with the surrounding community during the pre-application phase. No application for conditional zoning shall be accepted for review by the city unless the following criteria are met:
a. 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.
b. Notification requirements. The meeting shall be advertised as follows:
1. 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
2. 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
3. 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
4. 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.
c. 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.
(e) Plan submittal. When applying for conditional zoning, the owner shall specify the nature of the proposed development and shall propose conditions to ensure compatibility with the surrounding uses and consistency with adopted plans. Applications for conditional zoning shall be processed, considered, and voted upon using the same procedures and subject to the same requirements as those established in this article for zoning map and zoning text amendments, except as provided below:
(1) Conditional zoning application requirements.
a. A development plan(s) for a proposed 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. A complete application packet containing all information as required by the designated staff shall be submitted according to the published schedule of the technical review committee.
c. The application must also include a notation of the deed number of the subject property(s) with book and page reference as listed with the Buncombe County Register of Deeds.
(2) Review by the technical review committee. The development plan(s) shall be submitted and reviewed by the members of the technical review committee. The development plan(s), recommendations and comments shall be forwarded to the planning and zoning commission unless review by another body is required.
(3) Review by others. If other review bodies are required to consider the application, the project will be forwarded to that body and reviewed according to procedures established for that body before advancing to the planning and zoning commission.
(4) Review by the planning and zoning commission. Following review by the technical review committee and other bodies, as required, the planning and zoning commission shall hold a public hearing on the application for conditional zoning. Notice of the public hearing shall be provided in accordance with the provisions of section 7-5-20 of this chapter. After holding the public hearing, the planning and zoning commission may recommend approval of the application, including recommending conditions for the zoning; recommend denial of the application; or continue the consideration of the application in order to receive further information. If recommending approval or denial of the application, the planning and zoning commission must provide a written recommendation addressing the consistency of the proposal with the comprehensive plan and other adopted plans.
(5) Review by city council. Upon receipt of the recommendations from the planning and zoning commission, the city council shall hold a public hearing on the application for conditional zoning. Notice of the public hearing shall be provided in accordance with the provisions of section 7-5-20 of this chapter and the North Carolina General Statutes.
The city council's consideration of an application for conditional zoning is legislative in nature, and the council may consider any relevant information in its deliberations. Consideration shall be given to adopted land use plans for the area, small area plans, corridor plans, and other land use policy documents, and to surrounding land uses. The council may adopt or not adopt a conditional zoning ordinance, or may continue its consideration of the application as necessary or appropriate.
(6) Conditions. During the adoption of a conditional zoning ordinance, specific conditions may be proposed by the petitioner, city council, planning and zoning commission or city staff, but only those conditions mutually approved by city council and the petitioner may be incorporated into the zoning regulations and permit requirements. Conditions and site-specific standards imposed in a conditional zoning district shall be limited to those that address the conformance of the development and use of the site to city ordinances, an officially adopted comprehensive or other plan and those that address the impacts reasonably expected to be generated by the development or use of the site.
(7) Final review by the technical review committee. Prior to the issuance of any permits, the applicant must submit detailed plans incorporating all conditions to the technical review committee for final review.
(8) Map amendment. Upon adoption of a conditional zoning ordinance, the official zoning map of the City of Asheville shall be amended to add the conditional zoning district. The city clerk shall maintain a book or other official record for conditional zoning ordinances, and each conditional zoning ordinance shall be filed therein. Failure to comply with this provision shall not render the ordinance invalid.
If approved by the city council, no permits may be issued on the subject property until the property owner has recorded the approved plan and conditions pertinent to the specific property at the Buncombe County Register of Deeds, including a notation of the pertinent deed number with book and page reference.
(10) Perpetually binding. The conditional zoning ordinance adopted as provided herein shall be perpetually binding upon the affected property unless subsequently changed or amended as provided for in this chapter.
(11) Legislative review. Conditional zoning ordinances are legislative in nature, and judicial review of conditional zoning ordinances shall be as provided by law.
(Ord. No. 3237, § 1(b), 5-24-05; Ord. No. 3306, §§ 1(h—j), 11-22-05; Ord. No. 3374, §§ 1(t), (u), 7-11-06; Ord. No. 3700, §§ 1a, b, b, 2-10-09; Ord. No. 3709, § 1d, 3-10-09; Ord. No. 4273, § 1, 1-28-14; Ord. No. 4377, § 1, 1-13-15; Ord. No. 4560, § 1h, 2-14-17; Ord. No. 4637, § 1g, 1-9-18; Ord. No. 5020, § 1(d), 6-13-23; Ord. No. 5057, § 1h, 1-23-24)
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