Secs. 7-8-43-7-8-46. Reserved.

Editor's note-Ord. No. 4855, § 1(t), adopted Feb. 23, 2021, repealed §§ 7-8-44-7-8-46, which pertained to the Industrial Expansion, Lodging Expansion, and Mixed Use Expansions, and derived from Ord. No. 4560, § 11, adopted Feb. 14, 2017; and Ord. No. 4637, § ln, adopted Jan. 9, 2018. See also, the Editor's Note at § 7-8-41.

ARTICLE IX. OVERLAY DISTRICTS

Sec. 7-9-1. Resource Management Overlay District.

(a)   Purpose. The resource management overlay district is established to regulate the planting and preservation of trees during development activities.

(Ord. No. 4824, § 1b, 9-8-20)

Sec. 7-9-2. Historic Preservation Overlay District.

(a)   Purpose. Local historic districts are hereby deemed important assets of the City of Asheville. The historic districts are established for the purpose of protecting and conserving the heritage of the City of Asheville, Buncombe County and the State of North Carolina; for the purpose of safeguarding the character and heritage of the historic districts by preserving the historic districts as a whole and individual property therein that embodies important elements of its culture, history, architectural history, or prehistory; for the purpose of promoting the conservation of such historic districts for the education, pleasure and enrichment of the residents of the historic districts, the City of Asheville, Buncombe County, and the State of North Carolina as a whole; for the purpose of fostering civic beauty; and for the purpose of stabilizing and enhancing property values throughout the historic districts as a whole; thereby contributing to the improvement of the general health and welfare of the City of Asheville and the residents of the historic districts.

(b)   Establishment of the historic districts. Pursuant to N.C.G.S. § 160D-944, local historic districts are hereby established as districts which overlay the general use zoning districts, the extent and boundaries of which historic districts are indicated on the official zoning maps for the City of Asheville. The city hereby re-adopts and designates as historic districts those historic districts described in appendix 7E of this chapter. Additional local historic districts may be established following the required statutory procedure.

(c)   Historic district commission. The Asheville-Buncombe Historic Resources Commission ("HRC") established by the City of Asheville in Ordinance No. 1109, and by the County of Buncombe in Ordinance No. 1644, shall constitute a joint preservation commission and shall have the powers of a joint preservation commission as set forth in N.C.G.S. part 4 of article 9 chapter 160D, or its successor.

(d)   Permitted uses. The historic districts contain several zoning classifications. All uses permitted in each of the zoning districts shall be permitted in the historic district pursuant to the requirements set forth in that zoning classification. Provided, however, when the provisions of this section 7-9-2, and the guidelines and regulations promulgated hereunder, impose higher standards than are required for that zoning classification, the provisions of this section, and the regulations and guidelines promulgated hereunder, shall govern.

(e)   Compliance with requirements. Structures within the historic districts shall meet all requirements and standards of article VIII of this chapter in addition to those set forth in this section. Provided, however, no structure or part thereof within the historic districts shall extend nearer to or be required to be set back further from the front property line than the arithmetic mean distance of the setbacks of the nearest principal building within 150 feet on each side of such building and fronting on the same side of the street. Additionally, proposed subdivisions within historic districts must be reviewed by the HRC as part of the overall subdivision review process in accordance with article XV of this chapter.

(f)   Authentic restoration and reconstruction.

(1)   Authentic restoration or reconstruction is permitted, subject to approval of the HRC, even though the authentic restoration or reconstruction does not meet with current setback and other requirements and standards of article VIII of this chapter. Authentic restoration or reconstruction shall mean exact replication of an historic structure to include, but not limited to siting, scale, massing, and materials of structure. Where it is found by the HRC that an application for a building permit covers activity consisting of an authentic restoration or reconstruction in the same location as the original location and in the original structural conformation for a structure of historic and/or architectural significance to the historic district, such activity may be approved by the HRC.

(2)   The board of adjustment hears requests for variances from the requirements for setback and other standards established by article VIII of this chapter.

a.   The board of adjustment, may attach reasonable and appropriate conditions to the granting of such variances so that the public health, safety, and general welfare shall be protected.

b.   The board of adjustment shall not be authorized, in action undertaken by this subsection, to approve a use of property which is not permitted by right within the zoning district in which the property is located.

(g)   Parking waiver. Where the HRC, in considering an application for a certificate of appropriateness, shall find that the number of off-street parking spaces required by zoning regulations for a building or structure for which a building permit is requested would render the building incongruous with the historic aspects of the historic district, it may recommend to the board of adjustment that a variance be granted from the off-street parking requirements.

The board of adjustment may authorize a lesser number of off-street parking spaces provided the board finds, in addition to the required findings for granting a variance, as follows:

(1)   That the reduced number of spaces will not create problems due to increased on-street parking; and

(2)   That the reduced number of spaces will not constitute a threat to the public safety.

(h)   Certificate of appropriateness.

(1)   From and after the designation of a historic district, no exterior portion of any building or other structure (including masonry walls, fences, light fixtures, steps, pavement, landscape and color or other appurtenant features), nor above ground utility structure, nor any type of outdoor advertising sign shall be erected, altered, restored, moved or demolished within such historic district until after an application for a certificate of appropriateness has been submitted to and approved by the HRC. Further, no historic sign, significant landscape, archeological and natural features of the area associated with such a structure or building shall be altered, moved, or removed within such historic district until after an application for a certificate of appropriateness has been submitted to and approved by the HRC. Further, no subdivision of land within a historic district shall be approved until it has been reviewed and approved in accordance with the provisions of section 7-5-8 of this chapter. This provision shall not apply to subdivisions which are exempted pursuant to section 7-15-1 of this chapter.

No building permit granted for the purposes of constructing, altering, moving, or demolishing structures within the historic districts shall be issued prior to the issuance of a certificate of appropriateness by the HRC.

A certificate of appropriateness may be issued subject to reasonable conditions to carry out the purposes of this section. A certificate of appropriateness shall be required whether or not a building permit is required. Any building permit or such other permit not issued in conformity with this section shall be invalid.

For the purpose of this section, "exterior features" shall include the architectural style, general design, and general arrangement of the exterior building or other structure, including the kind, texture and color of the building materials, the size and scale of the building, and the type, color and style of all windows, doors, light fixtures, signs and other appurtenant fixtures and important landscape and natural features of the lot on which the building or other structure is located. In the case of outdoor advertising signs, "exterior features" shall be construed to mean the style, material, size, and location of all such signs. Such "exterior features" also included historic signs, significant landscape, archaeological, and natural features of the area.

The HRC shall have no jurisdiction over interior arrangement and shall take no action under this section except for the purpose of preventing the construction, reconstruction, alteration, restoration, moving, or demolition of buildings, structures, appurtenant fixtures, outdoor advertising signs, or other significant features in the historic district which would be incongruous with the special character of the historic district.

(2)   Permitted alterations and uses for historic buildings within historic district. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in the historic district which does not involve a substantial change in design, material, or outer appearance thereof, nor to prevent the construction, re-construction, alteration, restoration, or demolition of any such feature which the chief building inspector or his designee shall certify in writing to the HRC is required by the public safety because of an unsafe or dangerous condition.

(3)   Delay in demolition of buildings within historic district. An application for a certificate of appropriateness authorizing the relocation, demolition, or destruction of a building or structure or the removal or obliteration of an archeological resource within the historic district may not be denied except for as set forth hereinafter. However, the effective date of such a certificate may be delayed for a period of up to 365 days from the date of approval of the certificate of appropriateness. The maximum period of delay authorized by this subsection shall be reduced by the HRC where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use of or return from such property by virtue of the delay. During such period the HRC may negotiate with the owner and with any other parties in an effort to find a means of preserving the building, structure of site. If the HRC finds that the building, structure or site has no special significance or value toward maintaining the character of the historic district, it shall waive all or part of such period and authorize earlier demolition or removal.

If the HRC has voted to recommend designation of an area as a historic district, and final designation has not been made by the city council, the demolition or destruction of any building, structure, or site located in the proposed historic district may be delayed by the HRC for a period of up to 180 days or until the city council takes final action on the designation, whichever occurs first.

It shall constitute a violation of this chapter by the property owner where any building or structure which is located within a historic district is subject to demolition by neglect; provided, however, where the property owner can show evidence of undue economic hardship satisfactory to the HRC, no violation shall be deemed to have occurred.

An application for a certificate of appropriateness authorizing the demolition or destruction of a building, structure, or site determined by the State Historic Preservation officer, or his/her successor, as having statewide significance as defined in the criteria of the National Register of Historic Places may be denied except where the HRC finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial.

The procedures for obtaining a certificate of appropriateness are set forth in section 7-5-11 of this chapter.

(Ord. No. 2369, § 1, 5-27-97; Ord. No. 4736, §§ 1f, g, 3-26-19; Ord. No. 4836, § 1(e), 10-27-20)

Sec. 7-9-3. Downtown Design Review Overlay District.

(a)   Purpose. Downtown design review assists in protecting the downtown local architectural heritage and in the preservation of the considerable economic investments that have occurred over the years. The downtown design review process seeks to encourage renovation and new development in a manner that will promote visual harmony, enhance the historical integrity, and develop creative design solutions. While the design guidelines will not dictate architectural styles, they will suggest a variety of design options for achieving compatibility within the designated boundaries.

(b)   Establishment. There is hereby established a Downtown Design Review District as follows:

Beginning at the intersection of Chestnut Street and Furman Street in the City of Asheville and running thence westerly along Chestnut Street to Elizabeth Place; then southerly along Elizabeth Place to Starnes Avenue; thence westerly along Starnes Avenue to Flint Street; thence southerly along Flint Street to Cherry Street; thence westerly along Cherry Street to Montford Avenue; thence northerly along Montford Avenue to Hill Street; thence westerly along Hill Street to Michael Street; thence crossing Interstate Highway 240 in a southerly direction following its entrance ramp to Haywood Street; thence southwesterly along Haywood Street, crossing Patton Avenue, and continuing southwesterly along Haywood Street to Knoxville Place; thence southeasterly along Knoxville Place to Hilliard Avenue; thence easterly along Hilliard Avenue to South French Broad Avenue; thence southerly along South French Broad Avenue to Dailey Drive; thence easterly along Dailey Drive to South Grove Street; thence southerly along South Grove Street to Blanton Street; thence southerly along Blanton Street to Choctaw Street; thence easterly along Choctaw Street to Biltmore Avenue; thence northerly along Biltmore Avenue to McCormick Place; thence northeasterly along McCormick Place to South Charlotte Street, thence northerly along South Charlotte Street to Martin Luther King Jr. Drive; thence northeasterly along Martin Luther King Jr. Drive to Mountain Street; thence easterly along Mountain Street to College Street; thence due north to Interstate Highway 240; thence westerly along Interstate Highway 240 to its intersection with a southerly projection of Furman Avenue; thence northerly along Furman Avenue to the point of beginning.

(c)   Boundaries. The Asheville Downtown Commission shall be and is hereby authorized to divide the Downtown Design Review District into the following boundaries as it may find appropriate:

(1)   Core area. The centralmost portion of the downtown area, wherein the greatest concentration of properties exist which reflect the unusual character and identity for the downtown area.

(2)   Gateway corridors. Properties along major streets that lead into the core area and establish a sense of character for the downtown area.

(3)   Periphery. That portion of the Downtown Design Review District not included in the core area or gateway corridors.

The official Downtown Design Review District map can be reviewed in the planning and development department and at the permitting center.

(d)   Authority to establish guidelines for new construction and rehabilitation. The Asheville Downtown Commission shall be and is hereby authorized to establish guidelines for new construction and rehabilitation in the Downtown Design Review District, including new construction, rehabilitation, illumination, signs, color, painting and cleaning, and landscape and site design. The Asheville Downtown Commission may establish different guidelines for each of the three categories of property within the Downtown Design Review District.

(e)   Review of work requiring permits, review, or variance. All construction work that requires a building, sign, zoning, or demolition permit, or a variance, must be submitted to the planning and development department for review prior to the issuance of the permit. Routine maintenance shall not be subject to review, but procedures for cleaning and painting buildings must be reviewed. In addition, proposed exterior illumination, erection of fences and walls, and parking lot modifications must be reviewed.

(f)   Application for design review. Each person desiring to undertake an activity which is subject to review pursuant to this section shall submit to the planning and development department a written application for design review. In the case of new construction, rehabilitation construction, illumination, signs, landscape or site design, the application shall be accompanied by plans sufficient in detail to describe the proposed undertaking. In the case of applications for review regarding color, painting and cleaning, the application shall be accompanied by such written statement as may be required to describe sufficiently the proposed undertaking.

(g)   Review of applications for design review. Applications for design review shall be scheduled for review by the planning and development department and the Asheville Downtown Commission as follows:

(1)   Minor works, as defined in subsection 7-5-10(a)(1), shall be reviewed and processed by the planning and development department staff.

(2)   For design review applications involving new construction over 5,000 square feet in size, significant rehabilitation, and site design and demolition, the Asheville Downtown Commission shall review the application at its first regular meeting immediately following the filing of the application and supporting documentation, without the necessity of giving notice of a public hearing.

(h)   Recommendations on the design. The Asheville Downtown Commission shall make recommendations regarding the design of the undertaking proposed by the applicant based upon the guidelines adopted by the downtown commission.

(i)   Implementation of plans according to recommendations. Applicants are strongly encouraged by the city council to implement their plans for such activities within the Downtown Design Review District in accordance with the recommendations of the Asheville Downtown Commission.

(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2624, § 2, 10-12-99)

Sec. 7-9-4. Manufactured Housing Overlay District.

(a)   Purpose. The Manufactured Housing Overlay District is established to provide a procedure for identifying areas in which manufactured housing may be located on individual lots and to establish standards for the individual manufactured homes. This overlay district will expand the range of housing opportunities available to residents of Asheville while assuring that manufactured housing is compatible with existing homes in the area.

(b)   Permitted uses. In addition to the uses permitted in the underlying zoning district, individual manufactured homes located on individual lots shall be permitted in the Manufactured Housing District provided that manufactured homes meet the development standards set forth in subsection 7-9-4(c) below.

(c)   Development standards. Manufactured homes to be located on an individual lot shall meet the following standards. No variances shall be granted from these standards.

(1)   The manufactured homes must meet the standards set by the department of housing and urban development (hereinafter referred to as "HUD") as of the date the application is made for a zoning permit to locate the manufactured home on an individual lot. If the manufactured home does not meet the standards set by HUD as of that date, a zoning permit for location of the manufactured home on an individual lot may be issued only if the city, or county if in the extraterritorial jurisdiction of the city, building inspector inspects the plumbing, heating and air conditioning, and electrical systems of the manufactured home and determines that any deviations from the current HUD standards are not life threatening. After a zoning permit has been issued for the location of the manufactured home on an individual lot, a new zoning permit must be issued in order for it to be relocated to another individual lot. Before a zoning permit is issued for the relocation, the manufactured home must meet the standards of the North Carolina State Building Code in effect at the time of original construction.

(2)   The tongue, axles, running lights, and removable towing apparatus must be removed prior to the issuance of a certificate of occupancy for the individual home.

(3)   The manufactured home shall be placed so that its longest side is parallel to the front property line of the lot. Provided, however, the manufactured home may be placed so that its longest side is perpendicular to the front property line if an addition, whose design is compatible with the manufactured home, is attached to the manufactured home at the point nearest the front property line and if the width of the manufactured home with the addition exceeds 50 percent of its length.

(4)   Exterior siding of the manufactured home shall consist of wood, hardboard, or aluminum (vinyl covered or painted aluminum, but in the case of painted aluminum, the painted finish shall not exceed the reflectivity of gloss white paint). The exterior siding shall be comparable in composition, appearance, and durability to exterior siding commonly used in standard residential construction.

(5)   The manufactured home shall be attached to a continuous permanent foundation of brick or block which is unpierced except for required ventilation and access as required by the North Carolina State Building Code.

(6)   The roof pitch for the manufactured home shall have a minimum vertical rise of three feet for each 12 feet of horizontal run. The roof shall be finished with a type of shingle that is commonly used in standard residential construction. All roof structures shall provide an eave projection of no less than six inches, which may include a gutter.

(7)   The manufactured home may be attached to a basement structure, but the basement structure must meet the requirements of the North Carolina State Building Code.

(8)   The length of the manufactured home shall not exceed four times the width of the home, excluding additions.

(9)   Structural additions to manufactured homes (such as, but not limited to, porches and decks) are encouraged, but not required. Those structures shall comply with the standards of the North Carolina State Building Code.

(10)   The manufactured home shall have a minimum of 1,100 square feet of enclosed and heated living area.

(11)   The manufactured home must be set up in accordance with the standards established by the North Carolina Department of Insurance and shall be properly anchored in accordance with the North Carolina State Building Code. The set up and anchoring must be done by persons licensed by the State of North Carolina for such work.

(12)   Walks and driveways for the manufactured home must be paved, graveled, or be of some other dustless, all-weather surface.

(13)   Individual lot dimensions and yard requirements for manufactured homes on individual lots shall meet the standards established by the underlying zoning district for single-family residential development.

(d)   Designation of manufactured housing districts.

(1)   Treated as map amendments. Designation of properties as manufactured housing districts shall be treated as map amendments. The designation shall be subject to the procedures and requirements set forth in article VII of this chapter.

(2)   Guidelines for identifying manufactured housing districts. The following guidelines shall be used in identifying potential areas for designation as manufactured housing districts:

a.   Manufactured homes located on individual lots and meeting the development standards set forth in subsection 7-9-5(c) above would be architecturally compatible with existing site-built homes in the area;

b.   Manufactured homes should be located in the area prior to its designation as a manufactured housing district and should comprise at least 20 percent of the homes in the area;

c.   Vacant land should be available upon which to locate manufactured homes; and

d.   The area should be a minimum of five acres.

(Ord. No. 2369, § 1, 5-27-97)

Sec. 7-9-5. Manufactured Housing Community Overlay District.

(a)   Purpose. The Manufactured Housing Community Overlay District is established to provide standards for the development of manufactured housing communities in Asheville and its area of jurisdiction. Manufactured housing communities can provide alternative, affordable housing opportunities for residents of the city. Standards are established in this district for the following additional purposes:

(1)   To establish requirements designed to assure that the design and construction of the street system, utilities, lot layouts, and other improvements in the manufactured housing community are in harmony with surrounding development; and

(2)   To protect property values, preserve the character and integrity of the community or individual neighborhoods within the community, and promote the health, safety, and welfare of area residents through the provision of standards for infrastructure and open space.

(b)   Permitted uses. In addition to the uses permitted in the underlying zoning district, manufactured housing communities meeting the standards set forth in this section shall be permitted in this overlay district. Single manufactured homes are permitted on individual lots provided they comply with standards set forth in section 7-9-4(c) of this chapter.

(c)   Design standards.

(1)   General requirements.

a.   No manufactured housing community shall be approved for a site less than three contiguous acres under single ownership or control.

b.   Maximum allowable density in the manufactured housing community shall be seven dwelling units per buildable acre (land area excluding floodways, wetlands, and slopes in excess of 33 percent).

c.   A manufactured housing community shall comply with the provisions for subdivision and multi- family development signs in Article XIII of this chapter.

d.   A manufactured housing community may have a manufactured home as a designated office for the operator/manager.

e.   There shall be no more than one manufactured home or mobile home per manufactured home space.

f.   Each manufactured home shall be set up and installed in accordance with the State of North Carolina regulations for installation of manufactured homes adopted and published by the North Carolina Department of Insurance.

g.   The operator/manager of a manufactured housing community shall designate and enforce an uniform type of underpinning of all manufactured homes in the community.

(2)   Manufactured home space requirements.

a.   Each manufactured home space shall have a minimum width of 50 feet and shall be open and unobstructed.

b.   Minimum lot size for a manufactured home space shall be 5,000 square feet.

c.   Each manufactured home shall be located at least 20 feet from any other manufactured home or structure within the community, excluding storage buildings for use with the individual home. Each home shall be at least 35 feet from any property line. If the property abuts a public street, the setback shall be 40 feet. Each home shall be setback at least 20 feet from streets within the community.

d.   A manufactured home shall not occupy an area in excess of one-third of the area of its respective space. The total occupied area of the manufactured home and its accessory buildings shall not exceed one-half of the total area of the space.

e.   Each manufactured home space shall have a permanent site number sign that is clearly visible from the street running in front of the home and located on the power panel box serving the home.

f.   There shall be front and rear steps for each manufactured home. If the residents elect to have decks, the home shall be required to have steps until the decks are completed. These decks shall comply with the North Carolina State Building Code. The deck area shall be not less than 16 square feet in area, and not less than four feet in width.

(3)   Open spaces.

a.   A minimum of ten percent of the total area of the manufactured housing community shall be designated as common open space. This open space may include active or passive recreation facilities to cater to the occupants of the community. Such open spaces shall be centrally located and accessible to all manufactured homes within the community by means of sidewalks and walkways.

b.   The following areas shall not be included as open space:

1.   Area within the required individual manufactured home space;

2.   Parking areas;

3.   Area used for landscaping along streets or at the perimeter of the property of the manufactured housing community; and

4.   Not more than 50 percent of the area required for setbacks shall be designated as open space.

c.   Open spaces shall be maintained in accordance with the standards set forth in subsection 7-9-5(c)(8) of this chapter.

(4)   Off-street parking.

a.   A minimum of two parking spaces shall be provided for each manufactured home.

b.   A minimum of one parking space for every five manufactured homes shall be provided for visitor parking purposes.

c.   Handicapped parking shall be provided as required by the North Carolina Accessibility Code.

d.   Parking spaces shall be constructed with a minimum of three inches of compacted gravel, stone, or hard surface materials, bordered by landscaping timbers, brick, block, or other material which defines the edge of the parking area/driveway.

(5)   Street and walkways.

a.   All streets within the manufactured housing community shall have a right-of-way width of 30 feet with a pavement width of at least 20 feet, not including parking spaces.

b.   Streets within the manufactured housing community shall be constructed to provide all weather access to all manufactured home areas. Streets shall be constructed with a minimum of six inches of compacted stone base and one and one-half inches of I-2 asphalt.

c.   The grade of streets within the community shall not exceed 15 percent.

d.   The street layout shall be designed to provide for the continuous flow of traffic with cul-de-sacs permitted. Cul-de-sac streets shall have a maximum length of 1,000 feet and shall include a cul- de-sac bulb of 45 feet radius. All dead-end streets shall have a turn-around area with a minimum 45-foot radius.

e.   Traffic control signs (stop, yield, and speed signs) shall be placed throughout the community where necessary as determined by the director of public works.

f.   Each street shall have a permanent sign installed with a designated name identifying each street. The sign shall be approved by the director of public works.

g.   Streets and parking areas shall be maintained by the operator/manager of the community.

h.   Each space within the community shall have direct access to a local community street. The driveway shall be an unobstructed area, not less than ten feet in width and shall be constructed with a minimum of three inches of compacted gravel, stone, or hard surface materials. It shall be well-drained and shall meet the standards of residential driveways as set forth in the City of Asheville Standard Specifications and Details Manual. If constructed of gravel or stone, the driveway shall be bordered with materials which define the edge of the driveway.

i.   The community shall abut a public street, with a minimum street frontage of 50 feet.

j.   Street lighting shall be provided throughout the community.

k.   Permanent, well-drained walks not less than four feet in width shall be provided from each manufactured home space to the community buildings and to public street or community streets.

(6)   Utilities.

a.   An adequate, safe potable supply of water shall be provided for the community. The source of the water supply shall be either through a municipal or public water system, with the community connecting to the public water system within the city limits. When such a system is not available in the extraterritorial jurisdiction of the city, the community must be serviced by a water supply approved by the North Carolina Division of Environmental Management or the Buncombe County Health Department.

b.   An adequate and safe sewage disposal system shall be provided in the manufactured home community. If the park is located within the city limits, it must be connected to the sewer system of the Metropolitan Sewerage District of Buncombe County. In the extraterritorial jurisdiction of the city, the collection systems, sewage treatment facilities or individual septic tank systems shall be approved by the North Carolina Division of Environmental Management or the Buncombe County Health Department.

c.   Plans for utilities shall be approved by the appropriate regulatory agencies.

d.   There shall be a storage and disposable system for solid waste for the community in order to alleviate health and pollution hazards. The residents of each home shall have a sufficient number of containers that have adequate capacity and can be tightly sealed. It shall be the responsibility of the operator/manager of the community to see that a municipal or private solid waste disposable service is provided to the residents of the community on a weekly basis. This may or may not be at the expense of the residents.

e.   Each manufactured home space shall have proper drainage to prevent accumulation of water. Storm drainage facilities shall include suitable on-site detention facilities when deemed appropriate by the director of public works and/or the city engineer. Such facilities shall be sufficient to transport safely through the community all volumes of water generated upstream and on-site. Storm drainage shall be provided in accordance with the stormwater management regulations set forth in article XII of this chapter and all other applicable laws and regulations of the City of Asheville and other governmental agencies.

(7)   Landscape and buffering.

a.   Buffering shall be provided around the boundaries of the community as required by section 7-11-3 of this chapter. In no case shall the required buffer be less than a type "B" buffer as described in section 7-11-3.

b.   Street trees shall be provided along internal streets within the community at the ratio established by section 7-11-3 of this chapter for street trees along public streets.

c.   Trees shall be provided along the lot lines of manufactured home spaces parallel to internal streets at the ratio of one tree per 40 feet of lot line.

d.   Material and equipment storage buildings, outdoor storage areas, refuse collectors, and dumpsters shall be screened from view from adjoining properties, streets, and open spaces.

(8)   Grounds and buildings.

a.   The grounds of a manufactured home community shall be maintained free of debris, trash, and litter.

b.   Grounds, buildings, and storage areas within the community shall be maintained to prevent the infestation of rodents, flies, mosquitoes, and other pests.

c.   Grounds within the community shall be maintained to prevent the growth of ragweed, poison ivy, poison oak, and other weeds.

d.   All grounds within the community shall have proper drainage to prevent the accumulation of water.

e.   All recreational areas provided by the owner of the manufactured home community shall be maintained in a safe and sanitary manner by the operator/manager.

f.   The operator/manager of the community shall provide space on the grounds for mail service to the residents of the community.

(d)   Inspection. Employees of the City of Asheville shall have the right to make inspections of the community to determine that the requirements of this section are met. These inspections shall be conducted at least once a year. It shall be the responsibility of the operator/manager of the manufactured home community to see that the requirements of the section are met. The operator/manager shall be responsible for correcting any and all violations of this section.

(e)   Expansion of existing manufactured housing communities. Manufactured home communities existing at the time of adoption of this section shall not be allowed to expand or increase unless such expansion meets the requirements set forth in this chapter.

(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2428, § 10, 11-11-97; Ord. No. 3210, § 1, 1-25-05; Ord. No. 4208, § 1a, 6-25- 13)