(a) Purpose. The purpose of this section is to provide the planning and development director, design review boards, and city council, as applicable, with the authority to allow deviations from the development standards for setbacks, front and corner side setbacks, lot area and dimension, number of parking spaces, signage, open space, landscaping, height, and building floor area set forth in this chapter provided that certain conditions exist. The intent of this section is to promote the orderly and efficient development of property.
(b) Approval of flexible development standards. Regardless of the minimum development standards otherwise required in this Code, the planning and development director shall administer the following flexible development standards for the purpose of facilitating the orderly development and redevelopment of property within the City of Asheville. Determination of the applicability of flexible development standards shall be made by the planning and development director, design review boards, and city council, as applicable and as provided in this section. The planning and development director, design review boards, and city council may place conditions on an approval to assure that the circumstances which warranted the application of the flexible development standards are maintained. Decisions by the planning and development director shall be in writing and may be appealed to the board of adjustment by following the procedures for such appeals provided in section 7-6-2 of this chapter.
(c) Flexible development standards permitted. The cumulative total of any flexible development standard applied to a property by category or location shall not exceed the maximums set forth in this section. The planning and development director shall maintain appropriate records to insure compliance with this provision.
(1) Setbacks. The planning and development director is authorized to approve requests that deviate from required setbacks set forth in article VIII of this chapter as follows:
a. Building additions - all zoning districts. Setbacks may be adjusted when flexibility is needed to accommodate a building addition that is less than 50 percent of the pre-existing gross floor area. In these instances, a deviation of ten percent or 24 inches, whichever is greater, may be granted upon determining that one or more of the following conditions exists:
i. The lot does not meet the dimensional standards established for the zoning district in which it is located.
ii. The structure is physically in line with an existing, legally established wall or walls of a principal structure already within the minimum setback area.
iii. The part of the proposed structure that would encroach into the minimum setback area is less than 50 percent of the width of the affected building facade(s), provided the part of the structure that would encroach into a front setback shall either be open, unheated space (such as a porch or screen room) or not subject to occupancy (such as a chimney).
iv. The part of the proposed structure that encroaches into the minimum setback area is necessitated by a life-safety code, flood hazard reduction, Americans with Disabilities Act standard, or other public safety code requirements.
b. Structures located in local historic districts and local historic landmarks. Setbacks may be adjusted for structures undergoing design review when flexibility is needed in order to comply with design standards. In these instances setbacks may be adjusted as follows:
i. Primary structures. Setbacks may be adjusted up to ten percent or 24 inches, whichever is greater.
ii. Accessory structures. Side and rear setbacks may be adjusted up to 36 inches.
(2) Parking garages and parking lots. Except for parking required for residential development of less than five units, the planning and development director is authorized to approve parking garages and parking lots in connection with a permitted use that has up to 25 percent less than the required number of spaces set forth in article XI of this chapter upon determining that one or more of the following conditions exists:
a. The applicant is proposing an adaptive reuse that does not expand the pre-existing floor area of an existing structure with a permitted use.
b. The applicant is constructing an addition to an existing structure or site and sufficient new parking will be provided to accommodate the additional square footage without reducing the amount of parking serving the existing structure or site prior to the addition.
c. The proposed parking lot or garage will allow the preservation of an existing aquatic buffer or floodway.
d. The proposed parking lot or garage will accommodate a tree canopy preservation area where the entirety of the requirement is met by preserving existing canopy.
These reductions may not be used in conjunction with reductions offered elsewhere in this chapter.
(3) Variances. No variances shall be allowed under article VI of this chapter with regard to deviations from development standards that have been approved pursuant to this section of the city Code nor shall any deviations from these development standards make void or otherwise modify any variance decision by the board of adjustment.
(Ord. No. 2637, § 1(a), 11-9-99; Ord. No. 2777, § 1(j), 12-19-00; Ord. No. 2896, § 1, 2-12-02; Ord. No. 2912, §§ 1(a)—1(c), 4-9-02; Ord. No. 3118, § 1, 5-11-04; Ord. No. 3156, § 1, 8-24-04; Ord. No. 3417, § 1(d), 11-28-06; Ord. No. 4361, § 1ii, 3-23-21)