Sec. 7-8-7. RM-16 Residential Multi-Family High Density District.

(a) Purpose. It is the intent of the RS-8 Residential Single-Family High Density District to establish a high density per acre for single-family dwellings where public infrastructure is sufficient to support such development and to stabilize and protect the district's residential character in areas of existing high density single-family development while promoting a suitable environment for single-family living. Non-single-family development normally required to provide the basic elements of a balanced and attractive residential area is also permitted.

(b) Allowable land uses. All permitted uses, special uses, conditional uses and uses expressly prohibited are identified in subsection 7-8-1(d), Table of Permitted Uses. Standards for special uses and conditional uses can be found in article XVI of this chapter.

(d) Reserved.

(e) Reserved.

(f) Development standards.

(1) Density standards. Density in the RS-8 District shall be determined by the minimum lot size standards.

(2) Structure size standards. None.

(3) Lot size standards. The minimum lot size in the RS-8 District shall be 4,000 square feet.

(4) Lot width standards. Lots in the RS-8 District shall have a minimum width of 40 feet.

(5) Setback standards. The following minimum setbacks shall be required for uses in the RS-8 District.

Front: 15 ft.

Side: 6 ft.

Rear: 15 ft.

The landscape and buffering standards (section 7-11-3) may require additional setback; if so, the most restrictive requirement shall apply.

The minimum spacing between structures shall, in addition, be as per the Asheville Fire Prevention Code.

(6) Impervious surface standards. None.

(7) Height standards. The maximum height of structures in the RS-8 District shall be 40 feet.

(8) Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-3 of this chapter.

(9) Parking/loading standards. Parking and loading facilities shall be provided as required by section 7-11-2 of this chapter. No parking shall be permitted within any required front setback other than that which would occur on an approved driveway.

(10) Sidewalk standards. Sidewalks shall be provided as required by and pursuant to the requirements for sidewalks as set forth in subsection 7-11-8 of this chapter.

(11) Access standards. None.

(12) Open space standards. Open space shall be provided as required by section 7-11-4 of this chapter.

(13) Design and operation standards. None.

(14) Emergency wireless communications. Communication requirements shall be provided as required by section 7-11-9 of this chapter.

(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2506, § 1, 8-11-98; Ord. No. 2527, § 1, 11-10-98; Ord. No. 2584, § 1(c), 6-22- 99; Ord. No. 2663, § 1(c), 2-8-00; Ord. No. 2664, § 1(d), 2-8-00; Ord. No. 2735, § 1d., 8-22-00; Ord. No. 2871, § 1(e), 11-27-01; Ord. No. 2904, § 1(d), 3-12-02; Ord. No. 3031, § 1(c), 6-10-03; Ord. No. 3052, § 1(a), 8-26-03; Ord. No. 3064, § 1(c), 10-14-03; Ord. No. 3083, § 1(a), 1-13-04; Ord. No. 3156, § 1, 8-24-04; Ord. No. 3412, § 1(b), 12-12-06; Ord. No. 3483, § 1(b), 6-2-07; Ord. No. 3489, § 1(b), 6-19-07; Ord. No. 3583, § 1(a), 2-12-08; Ord. No. 3643, § 1a, 7- 22-08; Ord. No. 3908, § 1e, 10-26-10; Ord. No. 3959, §§ 1n, p, 4-12-11; Ord. No. 4608, § 1(g), 8-22-17; Ord. No. 4621, § 1(c), 10-24-17; Ord. No. 4361, § 1m, 3-23-21; Ord. No. 4961, § 1a, 7-26-22)

Sec. 7-8-5. RM-6 Residential Multi-Family Low Density District.

(a) Purpose. It is the intent of the RM-6 Residential Multi-Family Low Density District to permit a limited range of low density multi-family housing types along with single-family detached and attached dwellings. This district is intended to provide a transitional area between single lower- and multi-family higher-density areas, and to provide a compatible mixture of these various housing types. Non-residential development normally required to provide the basic elements of a balanced and attractive residential area is also permitted.

(d) Reserved.

(e) Reserved.

(f) Development standards.

(1) Density standards. The maximum residential density in the RM-6 district shall be two dwelling units for the first 6,000 square feet of lot area and an additional dwelling unit may be provided for each 1,000 square feet of lot area in excess of the minimum lot standard.

(2) Structure Size. New multifamily structures shall have a building footprint of not more than 4,000 square feet and a gross floor area of not more than 12,000 square feet.

(3) Lot size standards. The minimum lot size in the RM-6 District shall be 6,000 square feet.

(4) Lot width standards. Lots in the RM-6 District shall have a minimum width of 60 feet.

(5) Setback standards. The following minimum setbacks shall be required for uses in the RM-6 District.

Front: 15 ft.

Side: 6 ft.

Rear: 15 ft.

The landscape and buffering standards (section 7-11-3) may require additional setback; if so, the most restrictive requirement shall apply.

The minimum spacing between structures shall, in addition, be as per the Asheville Fire Prevention Code.

(6) Impervious surface standards. None.

(7) Height standards. The maximum height of structures in the RM-6 District shall be 40 feet.

(8) Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-3 of this chapter.

(9) Parking/loading standards. Parking and loading facilities shall be provided as required by section 7-11-2 of this chapter. No parking shall be permitted in any required front setback other than that which would occur on an approved driveway.

(10) Sidewalk standards. Sidewalks shall be provided as required by and pursuant to the requirements for sidewalks as set forth in subsection 7-11-8 of this chapter.

(11) Access standards. None.

(12) Open space standards. Open space shall be provided as required by section 7-11-4 of this chapter.

(13) Design and operation standards. Multifamily development in RM-6 shall comply with design standards as required in section 7-10-8.

(14) Emergency wireless communications. Communication requirements shall be provided as required by section 7-11-9 of this chapter.

(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2506, § 1, 8-11-98; Ord. No. 2527, § 1, 11-10-98; Ord. No. 2584, § 1(d), 6-22- 99; Ord. No. 2663, § 1(d), 2-8-00; Ord. No. 2664, § 1(e), 2-8-00; Ord. No. 2735, § 1d., 8-22-00; Ord. No. 2772, § 1(1), 11-28-00; Ord. No. 2871, § 1(d), 11-27-01; Ord. No. 2904, § 1(e), 3-12-02; Ord. No. 3031, § 1(d), 6-10-03; Ord. No. 3052, § 1(a), (b), 8-26-03; Ord. No. 3064, § 1(d), 10-14-03; Ord. No. 3156, § 1, 8-24-04; Ord. No. 3205, § 1, 1-25-05; Ord. No. 3412, § 1(b), 12-12-06; Ord. No. 3483, § 1(b), 6-2-07; Ord. No. 3489, § 1(b), 6-19-07; Ord. No. 3583, § 1(a), 2-12-08; Ord. No. 3643, § 1a, 7-22-08; Ord. No. 3908, §§ 1b, e, 10-26-10; Ord. No. 3959, §§ 1n, p, 4-12-11; Ord. No. 4608, § 1(h), (i), 8-22-17; Ord. No. 4621, § 1(d), 10-24-17; Ord. No. 4361, § 1m, 3-23-21; Ord. No. 4961, § 1a, 7-26-22)

Sec. 7-8-6. RM-8 Residential Multi-Family Medium Density District.

(a) Purpose. It is the intent of the RM-8 Residential Multi-Family Medium Density District to permit a full range of medium density multi-family housing types along with single-family detached and attached residences. This district is intended to provide a transitional area between high density single-family and multi-family areas, and to permit medium density multi-family development in areas where existing conditions make higher density development inappropriate. Non-residential development normally required to provide the basic elements of a balanced and attractive residential area is also permitted.

(d) Reserved.

(e) Reserved.

(f) Development standards.

(1) Density standards. The maximum residential density in the RM-8 District shall be two dwelling units for the first 4,000 square feet of lot area and an additional dwelling unit may be provided for each 1,000 square feet of lot area in excess of the minimum lot standard.

(2) Structure size standards. New multifamily structures shall have a building footprint of not more than 4,000 square feet and a gross floor area of not more than 12,000 square feet.

(3) Lot size standards. The minimum lot size in the RM-8 District shall be 4,000 square feet.

(4) Lot width standards. Lots in the RM-8 District shall have a minimum width of 40 feet.

(5) Setback standards. The following minimum setbacks shall be required for uses in the RM-8 District.

Front: 15 ft.

Side: 6 ft.

Rear: 15 ft.

The landscape and buffering standards (section 7-11-3) may require additional setback; if so, the most restrictive requirement shall apply.

The minimum spacing between structures shall, in addition, be as per the Asheville Fire Prevention Code.

(6) Impervious surface standards. None.

(7) Height standards. The maximum height of structures in the RM-8 District shall be 40 feet.

(8) Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-3 of this chapter.

(10) Sidewalk standards. Sidewalks shall be provided as required by and pursuant to the requirements for sidewalks as set forth in subsection 7-11-8 of this chapter.

(11) Access standards. None.

(12) Open space standards. Open space shall be provided as required by section 7-11-4 of this chapter.

(13) Design and operation standards. Multifamily development in RM-8 shall comply with design standards as required in section 7-10-8.

(14) Emergency wireless communications. Communication requirements shall be provided as required by section 7-11-9 of this chapter.

(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2506, § 1, 8-11-98; Ord. No. 2527, § 1, 11-10-98; Ord. No. 2584, § 1(e), 6-22- 99; Ord. No. 2663, § 1(e), 2-8-00; Ord. No. 2664, § 1(f), 2-8-00; Ord. No. 2735, § 1d., 8-22-00; Ord. No. 2772, § 1(b), 11-28-00; Ord. No. 2871, § 1(e), 11-27-01; Ord. No. 2904, § 1(f), 3-12-02; Ord. No. 3031, § 1(e), 6-10-03; Ord. No. 3052, § 1(a), (b), 8-26-03; Ord. No. 3064, § 1(d), 10-14-03; Ord. No. 3156, § 1, 8-24-04; Ord. No. 3205, § 1, 1-25-05; Ord. No. 3412, § 1(b), 12-12-06; Ord. No. 3483, § 1(b), 6-2-07; Ord. No. 3489, § 1(b), 6-19-07; Ord. No. 3583, § 1(a), 2-12-08; Ord. No. 3643, § 1a, 7-22-08; Ord. No. 3908, §§ 1b, e, 10-26-10; Ord. No. 3959, §§ 1n, p, 4-12-11; Ord. No. 4608, § 1(j), 8-22-17; Ord. No. 4621, § 1(e), 10-24-17; Ord. No. 4361, § 1m, 3-23-21; Ord. No. 4961, § 1a, 7-26-22)

Sec. 7-8-7. RM-16 Residential Multi-Family High Density District.

(a) Purpose. It is the intent of the RM-16 Residential Multi-Family High Density District to permit a full range of high density multi-family housing types along with limited institutional, public and commercial uses appropriate within high density residential areas. It is intended that this district be located near employment centers, shopping facilities, roads and other urban infrastructure capable of handling the demand generated by high density residential development.

(d) Reserved.

(e) Reserved.

(f) Development standards.

(1) Density standards. The maximum residential density in the RM-16 District shall be two dwelling units for the first 2,500 square feet of lot area and an additional dwelling unit may be provided for each 1,000 square feet of lot area in excess of the minimum lot standard.

(2) Structure size standards. New multifamily structures shall have a building footprint of not more than 4,000 square feet and a gross floor area of not more than 12,000 square feet.

(3) Lot size standards. The minimum lot size in the RM-16 District shall be 2,500 square feet.

(4) Lot width standards. Lots in the RM-16 District shall have a minimum width of 40 feet.

(5) Setback standards. The following minimum setbacks shall be required for uses in the RM-16 District.

Front: 15 ft.

Side: 6 ft.

Rear: 15 ft.

The landscape and buffering standards (section 7-11-3) may require additional setback; if so, the most restrictive requirement shall apply.

The minimum spacing between structures shall, in addition, be as per the Asheville Fire Prevention Code.

(6) Impervious surface standards. None.

(7) Height standards. The maximum height of structures in the RM-16 District shall be 40 feet.

(8) Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-3 of this chapter.

(10) Sidewalk standards. Sidewalks shall be provided as required by and pursuant to the requirements for sidewalks as set forth in section 7-11-8 of this chapter.

(11) Access standards. None.

(12) Open space standards. Open space shall be provided as required by section 7-11-4 of this chapter.

(13) Design and operation standards. Multifamily development in RM-16 shall comply with design standards as required by section 7-10-8.

(14) Emergency wireless communications. Communication requirements shall be provided as required by section 7-11-9 of this chapter.

(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2506, § 1, 8-11-98; Ord. No. 2527, § 1, 11-10-98; Ord. No. 2584, § 1(f), 6-22- 99; Ord. No. 2663, § 1(f), 2-8-00; Ord. No. 2664, § 1(g), 2-8-00; Ord. No. 2735, § 1d., 8-22-00; Ord. No. 2772, § 1(c), 11-28-00; Ord. No. 2871, § 1(f), 11-27-01; Ord. No. 2901, § 1(g), 3-12-02; Ord. No. 3031, § 1(f), 6-10-03; Ord. No. 3064, § 1(d), 10-14-03; Ord. No. 3156, § 1, 8-24-04; Ord. No. 3483, § 1(b), 6-2-07; Ord. No. 3489, § 1(b), 6-19-07; Ord. No. 3572, § 1(i), 1-8-08; Ord. No. 3583, § 1(a), 2-12-08; Ord. No. 3643, § 1a, 7-22-08; Ord. No. 3874, §§ 1a, b, 6-8-10; Ord. No. 3908, §§ 1b, e, 10-26-10; Ord. No. 3959, §§ 1n, p, 4-12-11; Ord. No. 4608, § 1(k), 8-22-17; Ord. No. 4621, § 1(f), 10-24-17; Ord. No. 4361, § 1m, 3-23-21; Ord. No. 4961, § 1a, 7-26-22)

Sec. 7-8-8. Neighborhood Business District.

(a) General description. The Neighborhood Business District is established to reserve areas for low-intensity business centers which are accessible to pedestrians from the surrounding residential neighborhood. The intent of the district is to provide for the daily convenience and personal service needs of the surrounding residential neighborhood while minimizing conflicts with surrounding residential uses. This district is designed to be located within or adjacent to residential neighborhoods where large commercial operations are inappropriate, but where small neighborhood oriented businesses are useful and desirable.

(d) Reserved.

(e) Reserved.

(f) Development standards.

(1) Density standards. The maximum residential density per acre within the Neighborhood Business District shall be 12 dwelling units.

(2) Structure size standards. New structures in the Neighborhood Business District shall not exceed a total of 3,000 square feet in gross floor area for one story structures. Multiple story structures may have a gross floor area of up to 6,000 square feet if residential uses are provided on the upper floor(s).

(3) Lot size standards. None.

(4) Lot width standards. None required.

(5) Setback standards. The following minimum setbacks shall be required for uses in the Neighborhood Business District.

Front: 15 feet, except that the minimum setback may be reduced to zero feet in pedestrian-oriented areas where road widening is not anticipated provided that all parking is located to the side or rear and not closer to the street than the façade of the principal structure, and where pedestrian-oriented design features are incorporated in building and site design.

Side: None required.

Rear: None required.

Corner lot, street side: 15 ft.

The landscape and buffering standards (section 7-11-3) may require additional setback; if so, the most restrictive requirement shall apply.

The minimum spacing between structures shall, in addition, be as per the Asheville Fire Prevention Code.

(6) Impervious surface standards. None.

(7) Height standards. The maximum height of structures in the Neighborhood Business District shall be 40 feet.

(8) Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-3 of this chapter.

(9) Parking/loading standards. Parking and loading facilities shall be provided as required by section 7-11-2 of this chapter. No parking shall be permitted in any required setback. Parking must be provided at the side or rear and not closer to the street than the edge of the building. Uses in the Neighborhood Business District are permitted a 30 percent reduction in the minimum number of parking spaces required by section 7-11-2.

(10) Sidewalk standards. Sidewalks shall be provided as required by and pursuant to the requirements for sidewalks as set forth in subsection 7-11-8 of this chapter.

(11) Access standards. None.

(12) Open space standards. Open space shall be provided as required by section 7-11-4 of this chapter.

(13) Design and operation standards. All activities associated with non-residential uses, including deliveries and refuse collection, shall be conducted between the hours of 7:00 a.m. and 10:00 p.m.

(14) Emergency wireless communications. Communication requirements shall be provided as required by section 7-11-9 of this chapter.

(15) Drive-through facilities. Uses with drive-through facilities are prohibited in the district.

(16) Outdoor storage. Outdoor storage is prohibited in the district.

(17) Outdoor loudspeaker systems. Outdoor loudspeaker systems are prohibited in the district.

(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2664, § 1(h), 2-8-00; Ord. No. 2904, § 1(h), 3-12-02; Ord. No. 3010, § 1(b), 3- 25-03; Ord. No. 3156, § 1, 8-24-04; Ord. No. 3272, § 1(b), 7-26-05; Ord. No. 3279, § 1, 9-13-05; Ord. No. 3483, § 1(b), 6-2-07; Ord. No. 3583, § 1(a), 2-12-08; Ord. No. 3643, § 1b, 7-22-08; Ord. No. 3959, §§ 1c—e, n, p, 4-12-11; Ord. No. 4361, § 1m, 3-23-21; Ord. No. 4961, § 1a, 7-26-22)

Sec. 7-8-9. Office District.

(a) Purpose. The Office District is established to reserve areas for the development of small scale office uses adjacent to residential uses. A mixture of office and residential uses is permitted in the Office District. This district may serve as a transition as residential areas convert to other uses or between residential and commercial areas. Due to the location of the Office District near residential areas, uses in this district shall conduct most of their activities during daylight hours.

(d) Reserved.

(e) Reserved.

(f) Development standards.

(1) Density standards. The maximum residential density per acre within the Office District shall be 20 dwelling units; or 40 dwelling units if 20 percent of the dwelling units are designated affordable. Projects including affordable units must provide a declaration of deed restrictions ensuring that rents or sale prices will remain affordable for the first ten years after completion, increasing by no more than three percent per year, or the annual increase in the Consumer Price index, whichever is lower. Also, such units must be reserved for qualified households in a form satisfactory to the city attorney.

(2) Structure size standards. New structures in the Office District shall not exceed a total of 4,000 square feet in gross floor area for one story buildings and 8,000 square feet for multiple story buildings. Existing structures shall not be expanded to exceed these limits.

(3) Lot size standards. The minimum lot size in the Office District shall be 5,445 square feet.

(4) Lot width standards. Lots in the Office District shall have a minimum width of 50 feet.

(5) Setback standards. The following minimum setbacks shall be required for uses in the Office District.

Side: 10 feet.

Rear: 15 feet.

The landscape and buffering standards (section 7-11-3) may require additional setbacks; if so, the most restrictive requirement shall apply.

The minimum spacing between structures shall, in addition, be as per the North Carolina State Building Code, Volume V - Fire Prevention.

(6) Impervious surface standards. The maximum impervious surface coverage in the Office District shall be 80 percent.

(7) Height standards. The maximum height of structures in the Office District shall be 40 feet.

(8) Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-3 of this chapter.

(9) Parking/loading standards. Parking and loading facilities shall be provided as required by section 7-11-2 of this chapter. No parking shall be permitted in any required setback.

(10) Sidewalk standards. Sidewalks shall be provided as required by and pursuant to the requirements for sidewalks as set forth in section 7-11-8 of this chapter.

(11) Access standards. None.

(12) Open space standards. Open space shall be provided as required by section 7-11-4 of this chapter.

(13) Design and operation standards. All activities associated with non-residential uses, including deliveries and refuse collection, shall be conducted between the hours of 7:00 a.m. and 9:00 p.m. The arrival and departure of guests at bed and breakfast homestays and inns shall be exempt from this standard.

(14) Emergency wireless communications. Communication requirements shall be provided as required by section 7-11-9 of this chapter.

(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2490, § 1, 6-9-98; Ord. No. 2663, § 1(g), 2-8-00; Ord. No. 2664, § 1(i), 2-8-00; Ord. No. 2904, § 1(i), 3-12-02; Ord. No. 3010, § 1b, 3-25-03; Ord. No. 3156, § 1, 8-24-04; Ord. No. 3157, § 1(a)(3), 8- 24-04; Ord. No. 3272, § 1(b), 7-26-05; Ord. No. 3483, § 1(b), 6-2-07; Ord. No. 3583, § 1(a), 2-12-08; Ord. No. 3643, § 1a, 7-22-08; Ord. No. 3743, § 1a, 6-9-09; Ord. No. 3874, § 1c, 6-8-10; Ord. No. 3908, § 1b, 10-26-10; Ord. No. 3959, §§ 1n, p, 4-12-11; Ord. No. 4374, § 1a, 12-9-14; Ord. No. 4361, § 1m, 3-23-21; Ord. No. 4961, § 1a, 7-26-22)

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