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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]
Sec. 7-8-1. Enumeration and description of districts; designation of districts on official zoning maps.
Sec. 7-8-2. RS-2 Residential Single-Family Low Density District.
Sec. 7-8-3. RS-4 Residential Single-Family Medium Density District.
Sec. 7-8-4. RS-8 Residential Single-Family High Density District.
Sec. 7-8-5. RM-6 Residential Multi-Family Low Density District.
Sec. 7-8-6. RM-8 Residential Multi-Family Medium Density District.
Sec. 7-8-7. RM-16 Residential Multi-Family High Density District.
Sec. 7-8-8. Neighborhood Business District.
Sec. 7-8-9. Office District.
Sec. 7-8-10. Office II District.
Sec. 7-8-11. Office/Business District.
Sec. 7-8-12. Community Business I District.
Sec. 7-8-13. Community Business II District.
Sec. 7-8-14. Resort District.
Sec. 7-8-15. Institutional District.
Sec. 7-8-16. Highway Business District.
Sec. 7-8-17. Regional Business District.
Sec. 7-8-18. Central Business District.
Sec. 7-8-19. River District.
Sec. 7-8-20. Commercial Industrial District.
Sec. 7-8-21. Light Industrial District.
Sec. 7-8-22. Industrial District.
Sec. 7-8-23. Urban Village District.
Sec. 7-8-24. Neighborhood Corridor District.
Sec. 7-8-25. Urban Residential District.
Sec. 7-8-26. Urban Place Form District.
Sec. 7-8-27. Airport District.
Sec. 7-8-28. Haywood Road Form District.
Sec. 7-8-29. River Arts Form District.
Secs. 7-8-30 - 7-8-39. Reserved.
Sec. 7-8-40. Central Business Expansion District.
Sec. 7-8-41. Commercial Expansion District.
Sec. 7-8-42. Residential Expansion.
Secs. 7-8-43-7-8-46. Reserved.
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. 7-8-7. 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.
(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.
(c)   Reserved.
(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.
(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 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.
(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.
(c)   Reserved.
(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.
(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.
(c)   Reserved.
(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.
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: 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)
Sec. 7-8-10. Office II District.
(a)   Purpose. The Office II District is established to reserve areas for the development of small to medium scale office uses where this scale is compatible with the scale of adjacent uses and/or where the infrastructure is inadequate to serve larger scale uses. The Office II District may also serve to provide for a mixture of uses along thoroughfares where the predominant use is commercial. The Office II District may also serve as a transition between residential areas and commercial areas.
(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.
(c)   Reserved.
(d)   Reserved.
(e)   Reserved.
(f)   Development standards.
(1)   Density standards. The maximum residential density per acre within the Office II 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 II District shall not exceed a total of 8,000 square feet in gross floor area for one story buildings and 16,000 square feet for multiple story buildings; provided, however, restaurants shall not exceed 4,000 square feet in size. Existing structures shall not be expanded to exceed these limits.
(3)   Lot size standards. The minimum lot size in the Office II District shall be 10,000 square feet.
(4)   Lot width standards. Lots in the Office II District shall have a minimum width of 80 feet.
(5)   Setback standards. The following minimum setbacks shall be required for uses in the Office II 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: 10 feet.
Rear: 15 feet.
The landscape and buffering standards (section 7-11-3) may require additional setbacks; if so, the most restrictive requirements shall apply. The minimum spacing between structures shall, in addition, be as per the North Carolina State Building Code, Volume V—Fire Protection.
(6)   Impervious surface standards. The maximum impervious surface coverage in the Office II District shall be 80 percent.
(7)   Height standards. The maximum height of structures in the Office II District shall be 40 feet.
(8)   Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-3 .
(9)   Parking/loading standards. Parking and loading facilities shall be provided as required by section 7-11-3 . 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 nonresidential 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. 2539, § 1, 1-26-99; Ord. No. 2663, § 1(g), 2-8-00; Ord. No. 2664, § 1(j), 2-8-00; Ord. No. 2904, § 1(j), 3-12- 02; Ord. No. 3010, § 1b, 3-25-03; Ord. No. 3156, § 1, 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. 3908, § 1b, 10-26-10; Ord. No. 3959, §§ 1n, p, 4-12-11; Ord. No. 4374, § 1b, 12-9-14; Ord. No. 4361, § 1m, 3-23-21; Ord. No. 4961, § 1a, 7-26-22)
Sec. 7-8-11. Office/Business District.
(a)   Purpose. The Office/Business District is established to reserve an area for the development of office uses and related support uses. This district will reserve areas for medium scale offices and a limited range of business uses and may serve as a transition area between commercial and residential areas.
(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.
(c)   Reserved.
(d)   Reserved.
(e)   Reserved.
(f)   Development standards.
(1)   Density standards. The maximum residential density per acre within the Office Business 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/Business District shall not exceed a total of 30,000 square feet in gross floor area. Existing structures shall not be expanded to exceed 30,000 square feet in gross floor area.
(3)   Lot size standards. The minimum lot size in the Office/Business District shall be 10,000 square feet.
(4)   Lot width standards. Lots in the Office/Business District shall have a minimum width of 80 feet.
(5)   Setback standards. The following minimum setbacks shall be required for uses in the Office/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: 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 Asheville Fire Prevention Code.
(6)   Impervious surface standards. The maximum impervious surface coverage in the Office/Business District shall be 80 percent.
(7)   Height standards. The maximum height of structures in the Office/Business District shall be four stories, but not to exceed 60 feet, except in the transition area described in subsection (13) below.
(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 required.
(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.
Transition area: Within 50 feet of a residentially zoned area, restrictions shall be placed on the height of buildings and structures. Height of buildings and structures located in this area shall be subject to the height restrictions established in the adjacent residential area.
(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. 2539, § 1, 1-26-99; Ord. No. 2663, § 1(g), 2-8-00; Ord. No. 2664, § 1(k), 2-8- 00; Ord. No. 2904, § 1(k), 3-12-02; Ord. No. 3010, § 1b, 3-25-03; Ord. No. 3156, § 1, 8-24-04; Ord. No. 3209, § 1b, 1- 25-05; Ord. No. 3272, § 1(b), 7-26-05; Ord. No. 3337, § 1(b), (c), 2-28-06; 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, § 1d, 6-8-10; Ord. No. 3908, § 1b, 10-26-10; Ord. No. 3959, §§ 1n, p, 4-12-11; Ord. No. 4374, § 1c, 12-9-14; Ord. No. 4361, § 1m, 3-23-21; Ord. No. 4961, § 1a, 7-26-22)
Sec. 7-8-12. Community Business I District.
(a)   General description. The Community Business I District is established to provide areas for medium-density business and service uses serving several residential neighborhoods. This community business center may serve as a workplace for many residents in the surrounding neighborhoods and should be sensitive to a significant pedestrian population, but also provide for adequate and safe vehicular access. The Community Business I District is designed to be located primarily along streets which serve multiple residential neighborhoods.
(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.
(c)   Reserved.
(d)   Reserved.
(e)   Reserved.
(f)   Development standards.
(1)   Density standards. The maximum residential density per acre within the Community Business I 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 Community Business I District shall have a building footprint of not more than 6,000 square feet. The gross floor area of new structures shall not exceed 12,000 square feet. Existing structures shall not be expanded to exceed a footprint or gross floor area of 12,000 square feet.
(3)   Lot size standards. None.
(4)   Lot width standards. None.
(5)   Setback standards. The following minimum setbacks shall be required for uses in the Community Business I 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 feet.
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. The maximum impervious surface coverage in the Community Business I District shall be 80 percent.
(7)   Height standards. The maximum height of structures in the Community Business I 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 shall be provided at the side or rear and not closer to the street than the edge of the structure. Uses in the Community Business I District are permitted a 25 percent reduction in the minimum number of parking spaces required by section 7-11-2 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. None.
(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.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2539, § 1, 1-26-99; Ord. No. 2663, § 1(g), 2-8-00; Ord. No. 2664, § 1(l), 2-8- 00; Ord. No. 2904, § 1(l), 3-12-02; Ord. No. 3010, § 1b, 3-25-03; Ord. No. 3156, § 1, 8-24-04; Ord. No. 3209, § 1b, 1- 25-05; Ord. No. 3272, § 1(b), 7-26-05; Ord. No. 3337, § 1(b), (c), 2-28-06; Ord. No. 3390, § 1(b), 9-12-06; 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. 3685, § 1b, 1-13-09; Ord. No. 3700, §§ 1d, e, 2-10-09; Ord. No. 3743, § 1a, 6-9-09; Ord. No. 3856, § 1b, 5-25-10; Ord. No. 3908, § 1b, 10-26- 10; Ord. No. 3959, §§ 1f, n, p, 4-12-11; Ord. No. 4374, § 1d, 12-9-14; Ord. No. 4361, § 1m, 3-23-21; Ord. No. 4961, § 1a, 7-26-22)
Sec. 7-8-13. Community Business II District.
(a)   General description. The Community Business District II is established to provide areas for medium-to-high- density business and service uses serving several residential neighborhoods. This community business center may serve as a workplace for many residents in the surrounding neighborhoods and should be sensitive to a significant pedestrian population, but also provide for adequate and safe vehicular access. The Community Business II District is designed to be located primarily along minor and major thoroughfare streets which serve multiple residential neighborhoods.
(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.
(c)   Reserved.
(d)   Reserved.
(e)   Reserved.
(f)   Development standards.
(1)   Density standards. The maximum residential density per acre within the Community Business II District shall be 25 dwelling units; or 50 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 Community Business II District shall not exceed a total of 45,000 square feet in gross floor area. Existing structures shall not be expanded to exceed 45,000 square feet in gross floor area.
(3)   Lot size standards. None.
(4)   Lot width standards. None.
(5)   Setback standards. The following minimum setbacks shall be required for uses in the Community Business II 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 feet.
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. The maximum impervious surface coverage in the Community Business II District shall be 80 percent.
(7)   Height standards. The maximum height of structures in the Community Business II 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 shall be provided at the side or rear and not closer to the street than the edge of the structure. Uses in the Community Business II District are permitted a 20 percent reduction in the minimum number of parking spaces required by section 7-11-2 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. 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. 2539, § 1, 1-26-99; Ord. No. 2663, § 1(g), 2-8-00; Ord. No. 2664, § 1(m), 2-8- 00; Ord. No. 2904, § 1(m), 3-12-02; Ord. No. 3002, § 1b, 2-25-03; Ord. No. 3010, § 1(b), 3-25-03; Ord. No. 3156, § 1, 8-24-04; Ord. No. 3209, § 1b, 1-25-05; Ord. No. 3272, § 1(b), 7-26-05; Ord. No. 3337, § 1(b), (c), 2-28-06; Ord. No. 3390, § 1(b), 9-12-06; 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. 3685, § 1b, 1-13-09; Ord. No. 3743, § 1a, 6-9-09; Ord. No. 3856, § 1b, 5-25-10; Ord. No. 3908, § 1b, 10-26- 10; Ord. No. 3959, §§ 1n, p, 4-12-11; Ord. No. 4374, § 1e, 12-9-14; Ord. No. 4361, § 1m, 3-23-21; Ord. No. 4961, § 1a, 7-26-22)
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