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(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)
(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.
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)
(a) Purpose. Realizing the importance of the Blue Ridge Parkway to the economy of Asheville and western North Carolina, the Blue Ridge Parkway Overlay District is created to protect and preserve the unique features of this asset to the city and region. The standards established in this district will protect the scenic quality of the Blue Ridge Parkway and reduce encroachment on its rural setting.
(b) Applicability. The provisions set forth in this section for the Blue Ridge Parkway Overlay District shall apply to all properties within 1,320 feet of the centerline of the Blue Ridge Parkway located within the corporate limits of the City of Asheville and its extraterritorial jurisdiction. Both privately and publicly owned property shall be subject to the requirements set forth herein.
(c) Development standards.
(1) Setback requirements.
a. Principal buildings. Principal buildings and structures to be located adjacent to the Blue Ridge Parkway shall have a minimum setback of 50 feet from the edge of property owned by the United States government and designated as the Blue Ridge Parkway if the buildings and structures are visible from the Blue Ridge Parkway roadway.
b. Accessory buildings. Accessory buildings and structures to be located adjacent to the Blue Ridge Parkway shall have a minimum setback of 30 feet from the boundary of property owned by the United States government and designated as the Blue Ridge Parkway if the buildings and structures are visible from the Blue Ridge Parkway roadway.
(2) Building heights. No building or structure shall be constructed with a height in excess of 40 feet within 1,320 feet of the centerline of the Blue Ridge Parkway.
(3) Buffering requirements. Development of any type, other than single-family residential, that is:
a. On property adjacent to Blue Ridge Parkway property; and
b. Is located within 1,320 feet of the centerline of the Blue Ridge Parkway; and
c. Which development will be visible from the Blue Ridge Parkway, shall provide a type "B" buffer, as described in subsection 7-11-2(d)(1)(a) of this chapter between the proposed development and the Blue Ridge Parkway. The preservation of existing trees within the bufferyard is encouraged.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 3572, § 1(l), 1-8-08)
(a) Purpose. The hotel overlay district addresses concerns unique to the impacts associated with lodging and related land use activities. The intent of this overlay district is to establish standards to guide the size, location, design, development and operational standards of future hotel development.
(b) Permitted uses. In addition to the uses permitted in the underlying zoning district, large and small hotels shall be permitted in the hotel overlay district provided that hotels meet the design and operational standards set forth in this subsection. Hotel uses are further limited to the following subdistricts as follows:
Hotel Overlay District A - Large and small hotels
Hotel Overlay District B - Small hotels only
(c) Designation of hotel district. The designation of properties as a hotel overlay district shall be treated as a zoning map amendment with the designation of these districts subject to the procedures and requirements set forth in Article VII of this chapter. The boundaries of each hotel district shall be identified on the Official Zoning Maps of the City of Asheville with copies of these maps maintained in the Planning and Urban Design Department.
(d) Scope of overlay districts and relationship to other regulations. The hotel overlay district standards are applied in conjunction with the underlying zoning district but may modify any portion of the standards of the underlying zoning district. The provisions of the hotel overlay district may apply additional requirements, or allow exceptions to general regulations. When there is conflict between the hotel overlay district and the standards established by the underlying zoning district or other regulations of this chapter, the hotel overlay district standards shall control, unless located in the Central Business District, Biltmore Village Historic District, or the River Arts Form Code District, in which case the development requirements of these districts shall control unless specifically indicated otherwise as in sections (g)(2)(a), (g)(3)(a) and (c) below.
(e) Adoption criteria. A Hotel Overlay District may be extended if all the following criteria are met:
(1) The future land use designation of the property proposed for the hotel district includes hotels as a suitable land use;
(2) Property is directly adjacent and contiguous to other Hotel Overlay District areas.
(3) Property is further than 100 feet from other residentially zoned property.
(4) Utility and transportation infrastructure is adequate to meet the needs of the development without public investment; and
(5) No publicly funded housing, services, or programming located adjacent to the proposed hotel district are displaced or negatively impacted by the development.
(f) Review. Developments within the hotel district shall follow the processes outlined in Article V of this Chapter except that all hotels or mixed-use developments that include a hotel as a primary use, may be reviewed as a Level I or Level II provided the total square footage of the uses other than the hotel are less than 100,000 square feet:
(1) Compliance with all applicable development standards is achieved and modification of those standards is not required; and
(2) The applicant voluntarily incorporates the recommendations of the Design Review Committee as demonstrated by an affirmative majority vote.
(g) Development Standards. All hotel developments in the Hotel Overlay District shall meet the following development requirements:
(1) Site standards.
a. Setbacks. A minimum setback of five feet shall be required for the front. Side and rear setbacks shall be required as identified in the underlying zoning district in which the project is located.
b. Open space. Open space shall be provided as required by section 7-11-4 of this chapter.
c. Impervious surface. The maximum impervious surface shall be established by the underlying zoning district standard.
d. Parking. Parking and loading facilities shall be provided as required by section 7-11-2 of this chapter.
e. When parking is located between a building and the street, parking shall be set back an average 20 feet from the property line or right-of-way line, whichever is more restrictive. In any instance, a minimum setback of 10 feet shall be maintained at all points.
f. Landscape and buffering. Landscape and buffering shall be provided as required by section 7-11-3
of this chapter. No buffer reductions shall be permitted for hotels.
g. Lot size. Lot size shall be required as identified in the underlying zoning district in which the project is located.
h. Lot width. All new construction of large hotels shall maintain a minimum lot width of 100 feet. Properties without frontage on a public or privately maintained right-of-way shall be required to extend a new right-of-way and street to meet this standard.
i. Sidewalks. 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. In addition, the following shall apply to sidewalks:
i. Sidewalks along road corridors shall maintain a minimum width of 10 feet and shall be set back a minimum of eight feet from any collector or arterial road, and five feet from all local roads.
ii. Sidewalks shall be designed and graded to connect to existing or future adjacent sidewalks and provide easements where necessary.
iii. Sidewalks internal to the site shall meet a six foot wide minimum standard and connect principal uses and buildings.
iv. Doors, planters, utility boxes and other permanent elements shall not encroach into any minimum sidewalk width.
(2) Operational standards
a. Guest drop-off and loading areas. For properties located in the Central Business District and the River and Haywood Road Form Districts, guest drop off and loading areas shall be located to the side or rear and not in front of the leading edge of any facade that abuts any public street.
b. Operable pedestrian entrances. All buildings shall include a minimum of one well-defined operable entrance on the facade(s) abutting the primary street corridor.
c. Mix of uses and ground floor activation. For buildings with a width greater than 50 feet, and when located in the Central Business District or the River Arts Form Code areas, a minimum of 50 percent of the street facing facade shall be set aside as a separate, occupiable storefront(s) with a minimum depth of 15 feet and an average minimum depth of 20 feet, and must have their own public entrance from the street. Where multiple facades face a public street, the 50 percent minimum may be aggregated.
d. Noise and other land use conflicts. The following facilities or uses may not be located within 100 feet (excluding rights-of-way) of a residential zoned area:
- Restaurants
- Bars and nightclubs
- Dumpster, trash and recycling facilities
- Loading docks and maintenance facilities
- Outdoor pools, decks, patios and dining areas
e. Public benefit. All projects shall incorporate features that provide a public benefit as identified in Appendix 7-A. - Public Benefits.
f. Traffic Impact Analysis. A Traffic Impact Analysis shall be required per section 7-11-6.
g. Shuttles. All large hotels shall provide a shuttle service to guests.
(3) Building design standards. These requirements shall apply to new construction and not apply to hotels that propose to occupy or adaptively reuse existing structures.
a. Height. The height of all new buildings shall be established by the underlying zoning district.
b. Fenestration. Fenestration is required along all building facade(s) at the following rates:
i. Facades facing primary and secondary streets. 50 percent minimum of the ground floor elevation, and 20 percent minimum for upper stories.
ii. Non-street facing facades. 20 percent minimum for all stories. Fenestration is measured from top of the finished floor to the top of the wall plate. The percentage is derived for each story based on the transparent area of all ground or upper story windows and doors divided by the total area of the ground or upper story facade.
c. Parking structures. Parking garages fronting on, and located within 50 feet of primary and secondary streets in the Central Business District and River Arts District shall provide a full habitable story and use along the street-side facade(s) with a minimum depth of 20 feet.
d. Driveways and garage openings. One driveway or garage opening shall be permitted per street frontage and the total linear frontage of driveways/garage openings shall not exceed 50 percent of the total street frontage.
e. Lighting. Outdoor lighting must comply with section 7-11-10 of this chapter. The use of tube lighting or illuminated wall panels is expressly prohibited.
f. Signage. Identification signage for hotels shall be limited to a maximum of 80 square feet of attached, wall-mounted signage that may be divided into two signs, and a maximum of 60 square feet for a free-standing sign with a maximum height of 12 feet. This height limit shall not apply to a multi-tenant, joint identification sign.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 4855, § 1(u), 2-23-21; Ord. No. 4920, § 1(c, d), 12-14-21)
(a) Purpose. The Head of Montford Transition Overlay District is established to provide for the development of civic, office, limited retail, and residential uses in an area of transition between the Central Business District and the Montford neighborhood. The development standards for this overlay district are designed to be sensitive to the historic context of the area, to minimize impacts on adjacent residential uses, and to encourage compatibility in the design of new developments. This district should be sensitive to a significant pedestrian population, but also provide for adequate and safe vehicular access.
(b) Permitted uses.
Residential:
Accessory apartments
Dwellings, multi-family
Dwellings, single-family detached
Dwellings, single-family zero lot line
Recreational:
Passive parks
Institutional:
Civic, social service, and fraternal facilities
Libraries
Places of worship
Schools
Public/semi-public:
Community centers
Fire/police stations
Museums
Public utilities and related facilities
Office/business:
Offices
Home occupations
Residential related commercial service
Studios, galleries, and workshops for artists, craftspeople, designers, photographers (shall not create noise, vibrations, glare, fumes or odors off premises)
Other:
Accessory structures
Parking lots as accessory to a principal use
(c) Prohibited uses. Any use not specifically listed as a permitted use, a use by right, subject to special requirements, or a special use in the Head of Montford Transition Overlay District is prohibited.
(d) Uses by right subject to special requirements.
Antenna
Bakeries
Barber shops and salons
Grocery stores
Pharmacies
Restaurants
Retail sales (excluding retail gasoline sales)
Tailors/dressmaker shops
Video rental stores
(e) Special uses. Those uses by right, subject to special requirements, which are allowed in this district and which exceed the total floor area of 5,000 square feet.
(f) Development standards.
(1) Density standards. The maximum residential density per acre within the Head of Montford Transition Overlay District shall be 12 dwelling units.
(2) Structure size standards. In no case shall the size of individual structures within the Head of Montford Transition Overlay District exceed 45,000 square feet.
(3) Lot size standards. The minimum lot size for non-residential uses in the Head of Montford Transition Overlay District shall be one acre. The minimum lot size for residential uses in the Head of Montford Transition Overlay District shall be 5,445 square feet.
(4) Lot width standards. The minimum lot width for non-residential uses in the Head of Montford Transition Overlay District shall be 100 feet. The minimum lot width for residential uses in the Head of Montford Transition Overlay District shall be 50 feet.
(5) Setback standards. In no case shall the front setback for structures within the Head of Montford Transition Overlay District exceed 25 feet.
(6) Impervious surface standards. The maximum impervious surface coverage in the Head of Montford Transition Overlay District shall be 80 percent.
(7) Height standards. Front façades of structures within the Head of Montford Transition Overlay District shall not exceed three stories in height. Four story façades are permitted on the side and rear of structures within the district only if the lower level is completely below grade as measured at the front façade of the structure.
(8) Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-3 of this chapter. Parking lots exceeding ten spaces shall be buffered from all adjacent residential uses and schools by a type "D" buffer, as described in section 7-11-3 of this chapter. In addition, parking lot landscaping [shall] be increased by 50 percent above the minimum required set forth in 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 lots exceeding ten spaces shall be located a minimum of 30 feet from Gudger Street and a minimum of 30 feet from properties housing residential uses or schools. Parking shall be provided at the side or rear and not closer to the street than the edge of the structure. Uses in the Head of Montford Transition Overlay District shall be 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, as specified in the Asheville Standard Specifications and Details Manual, shall be required for all new construction and major improvements in the Head of Montford Transition Overlay District.
(11) Vehicular access standards. Vehicular access to non-residential uses shall not be provided from Gudger Street.
(12) Recreational/open space standards. Open space shall be provided as required by section 7-11-4 of this chapter.
(13) Design and operation standards. All new development within the Head of Montford Transition Overlay District shall be reviewed by the Historic Resources Commission (HRC) for consistency with the design guidelines for the Montford Local Historic District. All new development shall be required to conform to the requirements of the HRC with regard to structure and site design, massing, scale, building setbacks and height. An application for a certificate of appropriateness from HRC must be approved prior to submitting an application for any other review process as described in section 7-5 of this chapter.
Drive through facilities and outdoor loudspeaker systems shall not be permitted. Lighting fixtures shall not exceed 12 feet in height and shall be shielded and directed away from adjoining residential properties and street right-of-way.
(Ord. No. 2622, § 1(a), 10-12-99; Ord. No. 3157, § 1(a)(6), 8-24-04; Ord. No. 5057, § 1j, 1-23-24)
From and after July 1, 2005, the Conditional Use District shall not be available for use in rezoning property within the zoning jurisdiction of the City of Asheville. Any conditional use district ordinance adopted prior to July 1, 2005, shall remain valid and subject to the provisions contained herein and in the adopted ordinances establishing said districts.
(a) Purpose. The Conditional Use District is established to provide for flexibility in the development of property while ensuring that the development is compatible with neighboring uses. Additional standards and regulations may be attached to a proposed development to ensure compatibility with the surrounding uses and with applicable adopted plans in accordance with the requirements of this ordinance. When applying for designation as a Conditional Use District, the owner shall specify the nature of the proposed development and shall propose conditions to ensure compatibility between the development and the surrounding uses.
(b) General requirements. The use of the Conditional Use District is strongly encouraged due to the refinement of requests permitted by this option. Conditional use overlay zoning affords a degree of certainty in land use decisions not possible when rezoning to a general use district.
(1) A Conditional Use District application shall be considered only upon request by the property owner or a duly authorized representative of the property owner.
(2) Prior to submittal of the application, it is strongly recommended that the applicant meet with representatives of the surrounding property owners and of the surrounding neighborhood(s) to discuss the proposed development.
(3) All standards and requirements of the underlying zoning district shall be met, except to the extent that the conditions imposed by the conditional use zoning are more restrictive than the underlying standards.
(4) No use shall be permitted except those allowed by approval of a conditional use permit.
(5) The conditions imposed pursuant to the conditional use permit approval shall be stated on the permit and may limit the uses which are permitted on the property. Such conditions may further specify location on the property of the proposed structure(s), the number of dwelling units, the location and extent of supporting facilities such as parking lots, driveways, and access streets, the location and extent of buffer areas and other special purpose areas, the timing of development, the height of structures, the location and extent of rights-of-way and other areas to be dedicated for public purposes, and other such matters as may be identified as appropriate for the proposed development.
(6) Minor modifications of the approved conditional use permit may be approved by the planning and development director. The minor modifications authorized herein are intended to provide relief where conditions, established by the conditional use permit granted, create a hardship based upon a unique physical attribute of the property itself or some other factor unique to the property which was not known at the time of permit approval and which subsequently rendered the land difficult or impossible to use due to the condition(s) imposed. The permit holder shall bear the burden of proof to secure the modification(s). Such modifications shall be limited to the following:
a. A deviation of up to ten percent or 24 inches, whichever is greater, from the approved setback, provided that the conditions for approving a deviation from the required setback established by subsection 7-11-8(c)(1) of this chapter are met.
b. A reduction of up to 25 percent in the number of parking spaces required for the use provided that the conditions established by subsection 7-11-8(c)(2) of this chapter are met.
(7) Any violation of a condition included in the approval of a conditional use permit shall be treated the same as any other violation of this chapter and shall be subject to the same remedies and penalties as any other such violation.
(8) If for any reason any condition imposed pursuant to these regulations is found to be illegal or invalid, or if the applicant should fail to accept any condition, the approval of such Conditional Use District shall be null and void, the property shall revert to its previous zoning classification and the conditional use permit shall be deemed revoked, all without further action by the city council.
(9) If no action has been taken to begin development of the property in accordance with the approved conditional use permit within 24 months of its approval by city council, the Conditional Use District zoning shall be null and void, the property shall revert to its previous zoning classification and the conditional use permit shall be deemed revoked, all without further action of the city council.
(10) If the use or uses commenced pursuant to a permit issued under this section are deemed abandoned or discontinued pursuant to sections 7-17-5 or 7-17-6, then the conditional use permit issued pursuant to this section shall be deemed revoked, the Conditional Use District zoning shall be null and void, and the property shall revert to its previous zoning classification, without action by the city council.
(c) Application procedure. Applications for Conditional Use District zoning and for issuance of a conditional use permit shall be processed, considered, and voted upon using the same procedures and subject to the same requirements as those established by sections 7-7 and 7-5-5 of this chapter, except as otherwise provided below:
(1) The application shall include site plans, landscape plans, building elevations, floor plans, and such other information required to provide the approving bodies with a complete and accurate description of the proposed development.
(2) The application and supporting materials shall be reviewed by the technical review committee in accordance with the procedures set forth in section 7-5-5 of this chapter prior to the meeting of the planning and zoning commission at which the application is to be considered. Notice of this meeting shall be provided as the same is required for a public hearing for rezoning property as set forth in subsection 7-5-20(a)(4) of this chapter. The recommendations and comments of the technical review committee shall be reported to the planning and zoning commission.
(3) In establishing conditional districts, the city council may prescribe dimensional requirements (height, setback, etc.) that are different from the requirements of the corresponding general zoning classification, and may prescribe development and design standards that are different from those set out in article XI; provided, that any request for a modification to a dimensional requirement or development and design standards (landscape, parking, etc.) that is less restrictive than would be applicable for the corresponding general zoning classification must be specifically described in any notices required for the public hearing on the conditional zoning application, if it is part of the application, and must be set out separately in any ordinance establishing said conditional zoning district, together with an explanation of the reason for the modification. Except as modified pursuant to this paragraph, or pursuant to paragraph (6), below, all standards and requirements of the corresponding general zoning district must be met. Variances to the standards established for any conditional zoning shall not be allowed.
(4) Upon receipt of the recommendations from the planning and zoning commission, the city council shall hold a public hearing on the requests for Conditional Use District zoning and issuance of a conditional use permit. Notice of the public hearing shall be provided in accordance with the provisions of section 7-5-20 of this chapter. The city council shall take separate actions on consideration of the zoning request and the conditional use permit request.
(5) The Asheville City Council shall not approve the conditional use permit unless and until it has approved the rezoning request. The standards for granting conditional use permits under this section shall be the same as for conditional use permits issued pursuant to subsection 7-16-2(c).
(6) Upon review of the requests for approval of Conditional Use District zoning, the Asheville City Council may authorize the amendment of the official zoning map of the City of Asheville to add the Conditional Use District zoning and issue the conditional use permit for the proposed development; deny the requests for the zoning and issuance of the conditional use permit; or continue the consideration of the requests in order to receive further information regarding the requests.
(7) In approving the conditional use permit, the Asheville City Council may impose such conditions and requirements as it deems necessary in order for the purpose and intent of this chapter to be served.
(8) The Conditional Use District zoning and conditional use permit authorized and approved as provided herein shall be perpetually binding upon the affected property unless subsequently changed or amended as provided for in this chapter.
(Ord. No. 2669, § 1, 2-22-00; Ord. No. 3237, § 1(a), 5-24-05; Ord. No. 3369, § 1(a), 6-27-06; Ord. No. 3374, § 1(v), 7- 11-06; Ord. No. 3700, § 1f, 2-10-09)
(a) General description. The Charlotte Street Transition Overlay District is established to assist in the advancement and implementation of the Charlotte Street Corridor Plan (the "Plan"). The district provides for and encourages a mixture of uses, including medium density business and service uses serving several residential neighborhoods, and medium to high density residential uses. Additionally, the district encourages development which is compatible with its surroundings and provides incentives for property owners to develop property in a manner that is consistent with the goals and recommendations of the plan. This district may serve as a workplace and/or residence for many individuals and should be sensitive to a significant pedestrian population, but also provide for adequate and safe vehicular access.
(b) Permitted uses. The uses permitted within the Charlotte Street Transition Overlay District shall be those listed as permitted uses within the underlying general use zoning district(s).
(c) Prohibited uses. The uses prohibited within the Charlotte Street Transition Overlay District shall be those listed as prohibited uses within the underlying general use zoning district(s).
(d) Uses by right subject to special requirements. The uses by right subject to special requirements within the Charlotte Street Transition Overlay District shall be those listed as uses by right subject to special requirements within the underlying general use zoning district(s).
(e) Conditional uses. The conditional uses within the Charlotte Street Transition Overlay District shall be those listed as conditional uses within the underlying general use zoning district(s).
(f) Development standards.
(1) Structure size standards.
a. New structures in the Charlotte Street Transition Overlay District may 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.
b. Existing structures may not be expanded to exceed a footprint or gross floor area of 12,000 square feet.
c. Structures may exceed the permitted structure size indicated in subsection a. above, up to 25 percent above the maximum structure size if the specific design criteria set forth in paragraph (2)b. below, are met.
(2) Design criteria.
a. General principles and intent of the design criteria:
The intent of the following design criteria is to maintain and strengthen the unique historic character of Charlotte Street by helping to ensure that new buildings are architecturally compatible with the historic character of the street and that design characteristics are employed which are consistent with the historic architectural vocabulary of the area. These characteristics include historic building forms and silhouettes, proportions, treatments, exterior materials, massing and/or architectural style. Additionally, it is intended that the front elevations and overall massing of new buildings be pedestrian scaled and related to the street.
It is not the intent that new buildings mimic historic designs, but rather that they combine elements from the historic design palette in new ways to achieve a design which is compatible with and complementary to the historic character of the street.
In general, the predominant historic style of architecture within the boundaries of the overlay district is of a residential form with pitched roofs, porches and paned windows and is less urban than the structures south of E. Chestnut Street. To a lesser degree, brick historic commercial structures exist in the corridor and these have pitched roofs and sometimes use a combination of brick and stucco.
When developing designs for new buildings, it is advisable to reference existing historic buildings or other documentation to identify elements that are to be used in the project.
b. Specific design criteria:
1. The proposed structure shall be two stories as measured from the Charlotte Street side of the building.
2. Roof forms shall be similar to those used historically within the boundaries of the overlay district. The dominant roof shapes shall be gabled or hipped. The minimum roof pitch shall be 5:12. Gable ends shall face the street. The addition of dormers is permitted. Areas of flat roofs are discouraged and shall not exceed 25 percent of the primary façade and shall be located behind a sloped roof or parapet.
3. All rooftop equipment shall be fully screened from view and the method of screening shall be integrated into the overall building design, for example within or behind pitched roofs. Ground mounted equipment shall be located to the rear of buildings and shall be screened with an enclosure compatible with the architectural style of the structure and/or evergreen plant material that provides an opaque screen.
4. Where new building façades will be wider than 35 feet, the façade surface shall be subdivided into portions not exceeding this distance by varying setbacks, roof forms and perhaps materials. This subdivision of the façade surface will break up the façade into increments similar to historic façade widths found within the boundaries of the overlay district.
5. Use building materials that are similar to those used historically. These include "pebbledash" or "rough-cast" stucco, wood shingles, and horizontal wood siding for buildings which are residential in character. Brick was typically used for original historic commercial structures, sometimes in combination with stucco above or as a foundation material for structures which are residential in character. Stone was also used, to a lesser degree, as a material at the foundation or first floor level with shingles or stucco above.
6. A minimum of 40 percent of the first floor and 20 percent of the upper floor(s) on the front façade shall have window/door fenestration. Windows shall be set to the inside of the building face wall. Tinted or mirrored glass is not permitted.
7. Skylights shall not be used on the front façades.
(3) Additional design standards. Structures which incorporate all of the design criteria in subsection (2)b. above, may further exceed the permitted structure size indicated in subsection (1) above, according to the total number of points received for incorporating the following elements in the proposed development.
Developments accumulating between 50 and 79 points shall be allowed to exceed the permitted structure size indicated in item (1) up to 50 percent above the maximum structure size. Developments accumulating 80 or more points shall be allowed to exceed the permitted structure size indicated in subsection (1) above, up to 75 percent above the maximum structure size.
a. The proposed structure is a "mixed use" building, housing two or more distinct use types (i.e. retail, office, residential, etc.); and (point totals are cumulative):
1. No single use type exceeds 75 percent of the total gross square footage of the building: 30 points.
2. If residential uses are provided which occupy at least 40 percent of the total gross square footage of the building: 40 points.
3. If residential uses are provided which occupy at least 40 percent of the total gross square footage or the building and at least 25 percent of those units are designed to have a total net square footage of 600 square feet or less: 45 points.
b. The proposed structure contains one or more of the following uses with an operable storefront entrance facing the street:
Bakeries
Barber shops and salons
Bicycle shops
Bookstores
Candy, pastry, ice cream and snack shops
Delicatessens
Florists
Fruit and vegetable markets
Gift shops
Grocery stores
Hardware/garden supply stores
Pharmacies
Restaurants
Tailors/dressmaker shops
Video rental stores
Other similar uses which serve the surrounding community and which may generate significant pedestrian activity: 20 points
c. The landscaping for the proposed development exceeds the requirements of subsections 7-11-3(f) and (g) of this Code by at least 50 percent. (Hardscape which incorporates features that are pedestrian oriented may be used in combination with or instead of landscaping along the street frontage of the lot). Examples of these features include benches, outdoor dining, planting boxes, etc. Street trees and hardscape features shall be consistent with any approved streetscape plan for the area: 20 points.
d. A connection is made between the parking area of the developing property and the parking area of one or both adjoining properties which allows for internal circulation between properties and results in there being only one drive entrance on Charlotte Street to access the developing property: 15 points.
e. Entrances to the proposed structure are defined either by front porches, if designed with a residential character, or are recessed from the primary façade and defined with awnings or canopies: 15 points
f. The proposed development is designed to sensitively preserve the principal historic structure(s) on the site. For the purposes of this section, historic buildings shall be defined as contributing structures within the boundaries of a National Register Historic District or those that are eligible for listing in the National Register of Historic Places: 20 points.
Demolition of a historic structure: Minus 20 points.
g. A minimum of 25 percent of the total number of residential dwelling units provided in a proposed single-use residential development are designed to have a total net square footage of 600 square feet or less: 20 points.
(g) Setback standards. The following minimum setbacks shall be required for uses in the Charlotte Street Transition Overlay District.
Front: | 5 ft. minimum 20 ft. maximum |
Side: | None required |
Rear: | None required |
Corner lot, street side: | 10 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.
(h) Other standards. All other development standards for the Charlotte Street Transition Overlay District shall be the same as those required within the underlying general use zoning district(s).
(Ord. No. 2690, § 1, 4-25-00; Ord. No. 4361, § 1y, 3-23-21)
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