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Asheville, NC Code of Ordinances
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Sec. 7-10-2. Required setbacks; allowable encroachments into required setbacks.
(a)   General. A building, structure, or lot shall not be developed, used, or occupied unless it meets the minimum setback requirements set forth in article VIII and article X of this chapter for the use or overlay zoning district in which it is located, except as otherwise established in this chapter for particular uses or for encroachments as set forth in (f) below. See also section 7-10-4, Requirements for Lots Along Thoroughfares.
(b)   Method of calculation.
(1)   Minimum setback. Minimum setback is the space defined by measuring perpendicularly from and along the entire boundary of the lot (property line) to the building line. Front setbacks shall be measured from the street right-of-way line, except, on streets greater than 45 feet in travel lane width, the setback shall be measured from the edge of the travel lane. The accompanying corner lot, street side setback shall also be measured from the edge of the travel lane. In no case shall the minimum setback be closer to the street than the right-of-way line. A setback may be the front, rear, or side setback. For illustrations of the location of front, rear, or side setbacks, see Figure 10-1. Except as set forth for through lots in subsection 7-10-2(d) below, there shall be one front setback area which is determined at the time of site plan approval or zoning permit issuance.
fig. 10-1
(2)   Overlap of setbacks. When more than one setback depth applies, the greatest setback dimension requirement must be met.
(c)   Corner lots - setbacks. Unless otherwise specified in the zoning district or overlay zoning district regulations, the second street side of a corner lot shall have a setback requirement of 50 percent of the front setback requirement in that district. Alleys are not classified as secondary side streets and would only require typical side setbacks.
fig. 10-2
(d)   Through lots - setbacks. Unless otherwise specified in the zoning district or overlay zoning district regulations, both street sides of through lots shall be considered a front yard and shall conform to the front setback requirements or the established building lines in the area (see subsection 7-10-2(e) below). Parcels abutting an alley at the rear of the lot are not considered through lots and rear setback requirements would apply along the rear property line.
fig. 10-3
(e)   Adjusting building lines. Where there are lots which comprise 50 percent or more of the entire length of the street frontage on the same side of the street, and within the block, and which are developed such that buildings on those lots have front setback depths with a variation of not more than ten feet, no building hereafter erected or structurally altered shall be required to have a front setback greater than the average front setback depth of those lots. Provided further, no front setback need exceed the average setback of the two adjoining buildings on either side thereof, if such two adjoining buildings are less than 200 feet apart.
fig. 10-4
(f)   Allowable encroachments into required setbacks. The following buildings and structures may encroach upon required setbacks as set forth below unless specifically prohibited elsewhere in this chapter.
(1)   Sills, cornices, and similar ornamental features projecting from the principal building may encroach up to 18 inches into any required setback.
(2)   Bay windows, balconies, and similar features projecting from the principal building may encroach up to three feet into any required setback.
(3)   Decks, steps, uncovered porches, patios, and terraces may encroach into a required side or rear setback, but no closer than six feet to the side or rear property line.
(4)   Steps, terraces, and patios and uncovered decks with a height of not more than 30 inches may encroach up to ten feet into a required front setback. Handrails installed in conjunction with steps, decks, etc. shall not be included in figuring the height of the steps, terraces, patios and uncovered decks.
(5)   Accessory buildings and structures (see article XIV of this chapter) may encroach into any required side and rear setback, but no closer than six feet to the side or rear property line. The term structure shall not include facilities for stormwater management, landscaping, or measures to control erosion.
(6)   Fences and walls may be located within the required minimum front, side, or rear setback as set forth in section 7-10-3.
(7)   Handicapped accessibility and life safety features (such as ramps, fire escapes, etc.) that are required by the North Carolina State Building Code may encroach into any required setback, but no closer than three feet from a side or rear property line. If a handicapped accessibility or life safety feature cannot meet this requirement due to the location of an existing structure or other impeding site feature on a residential lot, then the setback requirement for these structures can be adjusted to the extent necessary by the planning director.
(8)   Setbacks shall not be required for bus shelters and benches, which may overlap property lines and encroach into public right-of-way, provided they do not restrict vehicular or pedestrian flow or obstruct sight visibility triangles as required by subsection 7-11-2(g) of this chapter.
(g)   Outdoor storage and displays.
(1)   Where and when permitted, the outdoor storage and display of materials or products related to a business and not otherwise classified as temporary under subsection (2) must comply with all building setback requirements for the district in which the business is located. Should required buffers, street tree planting strips, or other landscaped areas exceed the width of the building setback, then the greater of these distances shall apply.
(2)   The temporary outdoor display of products is allowed to encroach within required building setbacks, but cannot be located within required buffers, street tree planting strips, or other landscaped areas required under section 7-11-3. For the purposes of this provision, temporary outdoor displays are defined as products that are placed outside during operating hours for the business and removed at other times.
(3)   The placement of outdoor storage and displays shall not reduce the amount of parking on a site below the minimum standards defined in section 7-11-2.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2428, §§ 11, 12, 11-11-97; Ord. No. 2755, § 1, 10-10-00; Ord. No. 3063, § 1, 10-14-03; Ord. No. 3156, § 1, 8-24-04; Ord. No. 3326, § 1, 1-24-06; Ord. No. 3700, § 1g, 2-10-09)