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Asheville, NC Code of Ordinances
ASHEVILLE, NORTH CAROLINA CODE OF ORDINANCES
SUPPLEMENT HISTORY TABLE
PART I - CHARTER AND RELATED LAWS
Chapter 1 GENERAL PROVISIONS
Chapter 2 ADMINISTRATION
Chapter 3 ANIMALS
Chapter 4 BUILDINGS AND BUILDING REGULATIONS
Chapter 4.5 CABLE SERVICES AND TELECOMMUNICATIONS
Chapter 5 CEMETERIES
Chapter 6 FIRE PREVENTION AND PROTECTION
Chapter 7 DEVELOPMENT
Chapter 8 HISTORIC PRESERVATION
Chapter 9 TAXES, PERMITS AND BUSINESS REGULATIONS
Chapter 10 NUISANCES
Chapter 11 OFFENSES AND MISCELLANEOUS PROVISIONS
Chapter 12 PARKS, RECREATION AND PUBLIC PLACES
Chapter 13 POLICE
Chapter 15 SOLID WASTE MANAGEMENT
Chapter 16 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
Chapter 18 TAXICABS AND VEHICLES FOR HIRE
Chapter 19 TRAFFIC
Chapter 20 TREES
Chapter 21 WATER DISTRIBUTION SYSTEM
APPENDIX A SIGN REGULATIONS
APPENDIX B SCHEDULE OF CIVIL PENALTIES
APPENDIX C TRAFFIC SCHEDULES
APPENDIX D HISTORIC LANDMARKS
APPENDIX E PARKING METER ZONES
APPENDIX F SCHEDULE OF TAXICAB FARES
APPENDIX G RECREATIONAL FACILITIES WHERE CONCEALED HANDGUNS ARE PROHIBITED
APPENDIX H DESIGNATED STREET PERFORMANCE HIGH IMPACT AREAS
CODE COMPARATIVE TABLE 1965 CODE
CODE COMPARATIVE TABLE ORDINANCES
STATE LAW REFERENCE TABLE
Asheville, Standard Specifications and Details Manual
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Sec. 7-13-9. Variances.
(a)   Variances. In accordance with the procedures and standards set forth in article VI of this chapter, when unnecessary hardships would result from carrying out the strict letter of this ordinance, the board of adjustment shall vary the provisions of the ordinance upon a showing of all of the following:
(1)   Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
(2)   The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance.
(3)   The hardship did not the result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.
(4)   The variance is consistent with the spirit, purpose and intent of the ordinance, such that public safety is secured and substantial justices is achieved.
No change in permitted uses may be authorized by the variance. Appropriate conditions may be imposed on any variance provided that the conditions are reasonably related to the variance.
(b)   Variances - granting. In granting a variance, the board of adjustment shall make written findings that all of the above listed requirements have been met. If a variance is granted it shall be the least possible deviation from the requirements of this article. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this article. Violations of the provisions of the variance granted, including any conditions or safeguards, which are a part of the grant of the variance, shall be deemed a violation of this chapter.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 3943, § 1b, 1-25-11; Ord. No. 4274, § 1e, 1-28-14)
Sec. 7-13-10. Reserved.
Editor's note(s)—Ord. No. 4529, § 1, adopted October 25, 2016, repealed § 7-13-10, which pertained to signage plan and derived from Ord. No. 3427, adopted December 12, 2006.
ARTICLE XIV. ACCESSORY AND TEMPORARY USES AND STRUCTURES
Sec. 7-14-1. Accessory uses and structures.
(a)   General standards and limitations. All accessory uses and accessory structures shall conform to the applicable requirements of this chapter. The provisions of this section establish additional requirements and restrictions for these uses and structures. Except as otherwise provided in this chapter, any accessory uses or accessory structures shall be treated as a permitted use in the zoning district in which it is located in connection with any lawfully established principal use or structure. Any accessory use or structure may be approved in conjunction with approval of the principal use or structure.
(1)   Setback and yard requirements. Except as otherwise provided in this chapter, an accessory uses and structures shall not be located within a required front setback area. Accessory uses and structures may encroach into a required side or rear setback area, but may not be located closer than six feet to the side or rear property line.
(2)   Detached canopies. Not withstanding subsection 7-14-1(a)(1) above, a detached canopy, located in a nonresidential district, which is subordinate to the principal structure, and situated on the same lot, and is used for purposes that are integral to the use of the principal structure shall be subject to the same minimum setback requirements as buildings in the same zoning district.
(3)   Temporary accessory uses and structures. Temporary accessory uses and structures shall be governed by the standards for temporary uses set forth in section 7-14-2.
(b)   Permitted accessory uses and structures.
(1)   Swimming pools.
a.   Fence required. All permanent outdoor swimming pools having a depth of 18 inches or greater at the deepest point, except for commercial pools and pools operated by hotels or motels under constant surveillance, shall be completely surrounded by a fence, barrier or a wall with a height of no less than four feet. The fence or wall may be made of any suitable and durable materials. Other design requirements may apply: See section 7-9-2 if the property is located in a Historic Preservation Overlay District or section 7-9-3 if the property is located in the Downtown Design Review Overlay Area, or section 7-8-17 if in the River District Design Area. A principal or accessory building may be used as part of such enclosure.
b.   Operation as business. No private residential swimming pool which is located in a residential district shall be operated as, or in conjunction with, a business, day care operation, bed and breakfast homestay or inn, or home occupation, except for those which are approved adult and child day care homes.
(2)   Devices for the generation of energy or conservation.
a.   Solar energy systems. Private, noncommercial solar energy systems shall comply with the minimum setback requirements. The City of Asheville Board of Adjustment may grant a variance to the required setbacks and allow such structures to be located in the front yard in order to allow for optimal placement provided that no portion of the structure or architectural features project over the property lines, that the structure will not adversely impact adjacent properties and will be compatible with the character of the neighborhood, and that it can be demonstrated that no other design can produce the same outcome.
b.   Wind energy systems. Private, noncommercial wind energy conversion systems shall be setback from all property lines a minimum distance equal to the height of the system and shall not exceed 80 feet. Noise generated by the system shall not exceed 60 decibels (dBA), as measured at the property line, except during short term events such as utility outages and severe wind storms.
c.   Water conservation/holding tanks. Private, noncommercial water conservation/holding tanks, 12 feet or less in height, shall comply with the minimum setback requirements. Cisterns must cover their openings to prevent contamination and entrapment.
1.   Storage outside of a substantially enclosed structure of any motor vehicle that is neither licensed nor operational.
2.   Parking outside of a substantially enclosed structure of more than four motor vehicles between the front building line of the principal building and the street on any lot used for single-family, duplex, or family care home purposes.
3.   Accessory structures and accessory apartments. Permitted in all residential districts as a use by right, subject to special requirements as set forth in section 7-16-1.
4.   Uses not regarded as accessory. The following activities shall not be regarded as accessory to a residential principal use and are prohibited in residential districts.
(3)   Accessory dwelling units. Accessory dwelling units are allowed as permitted in the table of permitted uses located in this chapter. The purpose of the accessory dwelling unit provision is to allow the efficient use of existing housing stock, parcels of land and community infrastructure, and to increase the number and variety of residential units while respecting the scale and character of existing neighborhoods.
a.   General provisions. The following standards apply to accessory dwelling units located in all residential districts except urban residential.
1.   An accessory dwelling unit shall be located only on a residential lot containing one single- family detached structure. The residential lot may contain other accessory structures as provided in this ordinance.
2.   Only one accessory dwelling unit shall be permitted per single-family detached dwelling.
3.   Accessory dwelling units shall not be considered as additional dwelling units for the purpose of determining minimum lot size or maximum density.
b.   Standards. Accessory dwelling units may occupy conforming existing accessory structures or lawfully created non-conforming primary residential structures. The maximum size of the accessory dwelling unit shall be determined based on the following:
1.   A detached accessory dwelling unit:
Area—May not exceed the lesser of:
70% percent of the gross floor area of the primary dwelling unit, or 800 square feet.
Height—The height of a detached accessory dwelling unit may not exceed 25 feet.
2.   An attached accessory dwelling unit (located within the same structure as the primary dwelling unit with shared foundation, exterior walls and roof):
Area—May not exceed the lesser of:
70% percent of the gross floor area of the primary dwelling unit, or 1,000 square feet.
Height—The height of an attached accessory dwelling unit will be governed by the height requirements for the residential structure.
c.   Parking. Parking for the primary dwelling unit must be maintained or replaced on site. Parking for the accessory dwelling unit shall be provided at a rate of one parking space per accessory dwelling unit if off-street parking is required for the primary residential unit. This parking space(s) shall be located to the side or rear of the primary residential unit, outside of the front setback area.
(4)   Accessory structures.
a.   General provisions. The following standards apply to accessory structures located in all residential districts including Urban Residential.
b.   The footprint of accessory structures located on a lot shall not exceed the following maximum footprint(s):
 
Lot Size
One Structure
All Structures
Less than 1 acre
800 square feet
1,000 square feet
1 to 3 acres
1,200 square feet
1,600 square feet
More than 3 acres
No limit
No Limit
 
The footprint of the portion of accessory structures used as accessory dwelling units shall not be included in this calculation of footprint for accessory structures.
The footprint of any accessory structures used for agricultural purposes shall not be included in this calculation of footprint for accessory structures. Such structures must meet the requirements established for agricultural uses established in section 7-16-1 of this chapter.
c.   Accessory structures shall not exceed 25 feet in height except that height may be increased one foot for every one foot of additional side and rear setback, up to a maximum of 40 feet.
d.   Accessory structures, except for detached garages shall be located only in side or rear yards for non-corner lots and not in front of the principal structure. On lots of more than three acres, accessory structures may be located in the front of the principal structure, but not in the required front yard. Accessory structures, including detached garages, located in side yards of corner lots whose rear or side yards are adjacent to a front yard of the adjacent lot shall maintain a setback equivalent to the front yard setback of the adjacent lot. Detached garages may be located in front of the principal structure if it is determined by the planning and development director that practical difficulties exist for garage location in side or rear yards due to topography, lot width or other physical factors. Upon this determination, detached garages may be located in front of the principal structure provided that: 1) the garage is not located in the front setback, and 2) the garage is located and/or designed so that it is clearly subordinate to the principal structure in terms of scale.
e.   Reserved.
f.   Accessory structures providing common facilities for residential developments (clubhouse, pool house, etc.) shall not be subject to the gross floor area limits set forth in subsection 7-14-1(b)(4)b. above, or the location requirements set forth in subsection 7-16-1(b)(4)d. above.
g.   Accessory structures may be located or expanded on lawfully existing nonconforming lots or lots (conforming or nonconforming) containing nonconforming structures, provided that all other requirements of this chapter and other applicable local, state, and federal regulations are met.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 3480, § 1(a), 6-12-07; Ord. No. 3700, § 1l, 2-10-09; Ord. No. 4431, § 1e, 6-23- 15)
Sec. 7-14-2. Temporary uses and structures.
(a)   Purpose. The following provisions are provided in recognition of the need for special allowances to be granted for temporary uses so that they may be permitted within the City of Asheville. These provisions, authorizing and regulating uses which are truly temporary in nature, are intended to permit such uses (and structures in which they are housed) when consistent with city regulations and policies and when safe and compatible with the area in which they are located.
(b)   General provisions. Compliance with the following general provisions is required for all temporary uses unless otherwise specified.
(1)   Parking and access. Each site occupied by a temporary use must provide or have available sufficient parking and vehicular maneuvering area for customers. Parking must be adequate to accommodate the proposed temporary use in addition to required parking for any permanent use or uses located on the site. The temporary use shall not create hazardous vehicular or pedestrian traffic conditions as determined by the city's traffic engineer and fire marshal. Temporary traffic control devices including signage to minimize traffic congestion may be required by the city. The design and installation of any such devices must be approved by the city's traffic engineer.
(2)   Temporary nature. Substantial permanent changes to the development site to specifically accommodate the temporary activity are prohibited.
(3)   Signs. Signs for temporary uses are regulated in article 13 of this chapter.
(4)   Lighting. Lighting must be compliant with the City of Asheville's lighting standards.
(5)   Adequate facilities. Adequate sanitary facilities, utilities, drainage, refuse management and similar necessary facilities and services must be available to serve employees, patrons or participants.
(6)   Setbacks. Temporary uses are allowed to encroach within required building setbacks, but cannot be located within required buffers, street tree planting strips, or other landscaped areas required under this chapter. Temporary structures must comply with the minimum setback requirements of the zoning district in which they are located.
(7)   Presence of another use. A temporary use may be located on a property housing another permanent use or may be located on a vacant lot. The location of the temporary use shall not violate any requirements placed on any permanent use.
(8)   Other permits, licenses, inspections. These regulations do not exempt the operator from any other required permits or inspections such as, but not limited to, those that might be required by the building safety department, the fire marshal, the finance department (privilege licenses), the State of North Carolina, or the Buncombe County Health Department.
(9)   Discontinuation of use. All materials, structures, and products related to the temporary use must be removed from the premises between days of operation on the site, provided that materials, structures and products related to the temporary use may be left on-site overnight between consecutive days of operation. Each site occupied by a temporary use shall be left free of debris, litter, or other evidence of the temporary use upon completion or removal of the use.
(c)   Temporary uses/structures exempt from permit requirements. The following uses/structures are allowed in all zoning districts, unless otherwise stipulated in this article, and shall not require a zoning permit. Such uses shall conform to the requirements set forth in (b) above, the requirements set forth below, as well as to all other applicable requirements of the City of Asheville.
(1)   City (co)sponsored events or authorized events on city-owned property must be reviewed and approved through a separate process.
(2)   Collection and recycling centers for non-profit organizations are allowed in nonresidential districts. Containers and structures shall be located on private property and not on public rights-of-way. Structures shall not interfere with traffic circulation or visibility at intersections. Structures may not eliminate required parking spaces for other uses on the same parcel.
(3)   Construction containers. Construction containers require a building permit and may be utilized for the duration of the building permit.
(4)   Fundraising (non-commercial) events are only allowed in nonresidential districts and on property occupied by an institutional use in residential districts. If a fundraising event is specifically listed in subsection (d), below, then the provisions in subsection (d) shall apply. Except as specifically permitted as follows, a fundraising event shall be permitted for no more than three days. Seasonal sales, such as the sale of pumpkins or Christmas trees as fundraisers, may be permitted for up to 30 days.
(5)   Outdoor sidewalk and retail sales, small scale. Outdoor sidewalk and retail sales, where no structure is erected in conjunction with the sale, are permitted in all nonresidential districts. Such sales must be operated by a business located on the same or adjoining property or by a non-profit organization. If the sale will take place on city rights-of-way, additional permits must be obtained.
(6)   Private, non-commercial events on private property and evangelistic, religious events and services.
(7)   Push cart vendors. Push cart vendors are regulated under section 16-144 of the Code of Ordinances of the City of Asheville.
(8)   Short term commercial, promotional events. Short-term commercial, promotional events are permitted in all nonresidential districts. Such events are limited to eight hours in duration, up to four times per calendar year.
(9)   Storage containers, portable on demand. Portable, on demand storage containers are allowed in all districts. Containers located in residential districts, may be permitted for a period of 14 consecutive days, up to two times per calendar year. In nonresidential districts, such containers may be located for a period of 60 consecutive days, up to two times per calendar year. The time, in all instances, shall run from the time of delivery of the container to the time of removal.
Containers in any district, may be utilized for the duration of any building permit on the same parcel. Such containers shall not be permitted on any lot that does not contain a principal building.
(10)   Yard/garage sales. Yard/garage sales are permitted in all districts but must be located on a parcel containing a dwelling unit or dwelling units. Sales are permitted on any one parcel three times a calendar year. The maximum duration for each occurrence is three days.
(d)   Short term temporary uses/structures. A short term temporary use/structure is a use (and structure containing a use) which is located on a property no more than 180 days within any calendar year. Such uses are subject to the standards found in this section and in subsection 7-14-2(b) above and, unless otherwise specified, are only permitted in nonresidential districts.
(1)   Permit required. All short-term temporary uses/structures must obtain a temporary use permit as set forth in section 7-5-3 of this chapter. The permit must be displayed at all times on the premises where the temporary use/structure is in operation.
(2)   Duration. Except as specifically provided for elsewhere in this section, a short-term temporary use or structure shall be permitted for a period not to exceed 180 days in any calendar year. The days of operation must be listed on the permit and may be consecutive or intermittent throughout the calendar year. A day of operation shall mean any or part of any day on which the use is conducted.
(3)   Additional standards. In addition to the general requirements for temporary uses/structures set forth in subsection 7-14-2(b) above, all such uses/structures shall comply with the following:
a.   Permitted uses. Except as provided below in this section, the temporary use must be permitted (either by right or with special requirements) in the zoning district in which it is being located.
b.   Limitation on permits. Only one temporary use permit shall be active on any lot or parcel at any time. However, more than one permit may be issued on any lot or parcel during a calendar year so long as the allowed period of duration is not exceeded.
c.   Dwelling units. Dwellings are not allowed as temporary uses except as permitted by the building safety department in conjunction with a home that has been damaged by fire, wind, etc. that is under repair.
d.   Circuses, carnivals, fairs, etc. Commercial circuses, carnivals, fairs, haunted houses and similar events may be held at a site up to three times per year with a maximum duration of 14 days per event. Such events may occur only in non-residential districts.
e.   Temporary mobile food sales. Temporary mobile food vendors, pushcarts or stands may be allowed in all non-residential districts except for: the downtown area Central Business District corresponding to the Downtown Design Review Overlay District and the Biltmore Village Historic District; provided that uses/structures for mobile food sales are compliant with the following standards.
1.   Hours of operation. Temporary food vendors and stands shall be allowed from 6:00 a.m. to 3:00 a.m. with specific hours of operation indicated on the temporary use permit. Locations within 200 feet of a residential use will have reduced hours of 6:00 a.m. until midnight.
2.   Proximity to public right-of-way. All sales shall be conducted at least ten feet from all public rights-of-way.
3.   Health department approval. Any food service operation that sells, prepares or serves food must obtain an approved mobile food service permit from the Buncombe County Health Department and is subject to inspection.
4.   Display of permit. A copy of the valid, approved permit from the Buncombe County Health Department and the City of Asheville shall be visually displayed on the mobile kitchen in clear view of all patrons.
5.   Duration on site. All mobile food sale vehicles must leave the site every night or be parked so that the vehicle is not visible from public rights-of-way.
f.   Events of public interest. An event of public interest is a temporary use involving the expected congregation of 100 or more persons at any one time. An event of public interest includes, but is not limited to: dances, fund raisers, picnics, haunted houses, outdoor concerts, tent meetings, races for motorized vehicles, and supervised public displays of fireworks. An event of public interest shall be subject to the following standards.
1.   Public safety plan. A public safety plan which identifies the means by which public safety will be ensured during the conduct of the temporary use must be approved by the City of Asheville.
2.   Dates and hours of operation. All activities and uses shall be limited to the dates and hours of operation specified in the permit and shall be limited to a maximum duration of three days (per site).
3.   Traffic control. Traffic control shall be arranged by the operators of the event in accordance with the City of Asheville and/or Buncombe County Sheriff's Office.
4.   Parking. Public parking for the exclusive use of the facility/event shall be provided and a stabilized drive to the parking area shall be maintained. It is the responsibility of the operators to guide traffic to these areas. No parking shall be permitted on any road or public right-of-way.
5.   Noise. Noise levels associated with events of public interest, except for supervised displays of fireworks, shall adhere to the City of Asheville Noise Ordinance.
6.   Maintenance of site. It shall be the responsibility of the applicant to see that the area used for the event is maintained in a condition that provides for the public health, safety, and welfare for event attendees and neighbors alike. In the event that authorized personnel from the City of Asheville and/or Buncombe County Sheriff's Office determine that the activity is a threat to the public health, safety and welfare, the City of Asheville and/or Buncombe County Sheriff's Office shall have the right to close the event.
7.   Discontinuation of use. All materials, structures, and products related to the event of public interest must be removed from the premises between days of operation on the site, provided that materials, structures and products related to the temporary use may be left on-site overnight between consecutive days of operation. Each site occupied by an event of public interest shall be left free of debris, litter, or other evidence of the temporary use upon completion or removal of the use.
8.   Signage. Events with an anticipated attendance of over 100 people at any one time may utilize up to 64 square feet of temporary signage. All signage must be properly secured and located on private property and not within a public right-of-way. Events with an anticipated attendance of over 1,000 people per day are not limited in their signage but must submit a signage plan along with a separate sign permit for review and approval at the discretion of the planning director, with input from appointed officials. This plan must include detailed descriptions of the signs including purpose, type, message, location, size, height, and fasteners. Only those signs that would not otherwise be prohibited may be considered and all other applicable standards shall apply.
g.   Storage containers, portable on demand. Portable on demand storage containers located in non- residential districts and visible from public areas must first obtain a permit. All permits must be posted on the exterior of the container and visible to inspectors. All such containers when located in front of the principal structure must be located at a minimum of 15 feet back from the street edge and not include signage.
h.   Fruit and vegetable markets. Fruit and vegetable markets may be permitted in non-residential districts and in residential districts when located on conforming institutional properties. Markets shall not overlap regular business hours for the primary use and shall operate between the hours of 8:00 a.m. to 8:00 p.m.
(e)   Interim temporary uses/structures. An interim temporary use/structure is a use (and structure containing a use) which is located on a property often for periods exceeding 180 days due to the nature of the use. Such uses are subject to the standards found in this section and in subsection 7-14-2(b) above and, are only permitted in nonresidential districts.
(1)   Factory fabricated buildings for places of worship and schools. Schools and places of worship may place factory fabricated transportable buildings on-site subject to the following conditions.
a.   Duration. The time period shall not exceed five years. Time periods may not be extended by the board of adjustment.
b.   Property line buffers. Property line buffers, if required, shall be installed according to the requirements set forth in section 7-11-3 of this chapter.
(2)   Interim parking or construction staging.
a.   A zoning permit shall be required and shall be valid for a period of:
1.   Two years, when established in conjunction with, and is needed to support, an existing construction project for which there is a valid, open building permit.
2.   One year, when not associated with a construction project.
b.   Interim parking and construction staging established under this subsection shall not be required to comply with landscape, sidewalk or paving requirements found elsewhere in this chapter with the following exceptions if applicable:
1.   The parking/staging area is greater than 10,000 square feet, in which case a planting strip with a minimum width of 10 feet shall be installed the length of the parking area, leaving room for cross access as desired; and/or
2.   The area beyond the driveway apron exceeds five percent in grade, in which case the driveway shall be paved with a concrete, asphalt or bituminous surface.
3.   The site is located in the Central Business District, in which case driveway width and other requirements specific to the zoning district will apply.
c.   Interim parking and construction staging established under this subsection shall comply with, and is not exempted from, all other local, state and federal regulations including driveway, grading, stormwater, accessibility, and sign regulations. No waivers, exceptions or variances shall be granted to these standards.
d.   The zoning permit for any such interim use may be renewed once for a period equal to the initial permit validity (see section a. above).
e.   The interim use shall not be located within 500 feet of a residential use in a residentially zoned district.
(3)   Real estate sales and/or model home offices. Real estate sales and/or model home offices shall be allowed within a new residential development, subject to the following conditions.
a.   Location. The model home/temporary real estate sales office must be located on a lot that was approved by the planning and development director as part of the subdivision or development.
b.   Number. There can be only one temporary real estate sales office in any development.
c.   Duration. A real estate sales office may be approved for a period of up to three years. This period may be renewed for additional six-month periods, for good cause shown, upon approval of a written request for such an extension by the planning and development director. The request shall be submitted to the planning and development director at least 30 days prior to the expiration of the permit.
(4)   Temporary offices. Temporary offices for construction and security personnel are permitted during the construction of a development for which the city has issued a permit. Temporary offices are also permitted for a nonresidential use when the permanent building for such use has been destroyed by a fire or natural catastrophe.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2535, § 5, 1-12-99; Ord. No. 2684, § 1, 4-11-00; Ord. No. 3480, § 1(b), 6-12- 07; Ord. No. 3700, § 1m, 2-10-09; Ord. No. 3757, § 1g, 7-14-09; Ord. No. 3792, § 1c, 9-22-09; Ord. No. 4007, § 1c, 9- 13-11; Ord. No. 4043, §§ a—e, 1-10-12; Ord. No. 4152, § 1b, 1-8-13; Ord. No. 4613, § 1(b), 9-12-17)
ARTICLE XV. SUBDIVISION REGULATIONS
Sec. 7-15-1. Subdivisions.
(a)   Purpose. The regulations for the subdivision of land set forth in this article are established to promote orderly growth and development; provide for suitable residential and nonresidential subdivisions with adequate streets, utilities and appropriate building sites; provide for the coordination of streets within subdivisions with existing or planned streets and with other public facilities; provide for the dedication or reservation of rights-of-way or easements for streets and utility purposes; and provide proper land records for the convenience of the public and for better identification and permanent location of real property boundaries.
(b)   Subdivision means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) and shall include all divisions of land involving the dedication of a new street or a change in existing streets.
(1)   Divisions of land exempt. The following divisions of land are not included within the definition of "subdivision", and are not subject to the city's subdivision regulations.
a.   The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the city as shown in the city's subdivision regulations;
b.   The division of land into parcels greater than ten acres where no street right-of-way dedication is involved;
c.   The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors;
d.   The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the city as shown in the city's subdivision regulations; and
e.   The subdivision or recombination of land by public utilities for utility purposes or use.
(2)   Determination and certification of exemption. The determination of whether a division of land is exempt from the definition of subdivision shall be made by the designated staff upon application of the property owner or agent, with supporting documentation (maps, plats, etc.), as needed. Upon a determination by the designated staff that the proposed subdivision is exempt, a certificate of exemption shall be issued, and the subdivision shall not be subject to the city's subdivision regulations.
(3)   Effect of certification of exemption. Divisions of land found to be exempt from the definition of subdivision are not required to meet the city's subdivision regulations. However, a building or zoning permit may only be issued with respect to a lot that has been created by an exempt division if said lot meets the standards for development set forth elsewhere in this chapter, including but not limited to historic overlay district or local historic landmark guidelines and regulations. Where a regulation is contained both in this article and elsewhere in this chapter, although the regulation need not be met prior to property division and recordation, the lot in question must comply with said regulation before a building or zoning permit may be issued for the property.
(c)   Coordination with other requirements. When applications for other approvals are required for the subdivision, applications for these approvals may be submitted simultaneously with the initiation of the subdivision approval process to reduce the time required to secure all necessary approvals. Application forms as required for other approvals may be obtained from the development services department.
(d)   Plan submittal. Applications for subdivision approval shall be submitted to the Development Services department and must include plats with all information as required by this Chapter and the designated city departments. Applications for subdivision shall be filed in accordance with section 7-5-8 of this chapter.
(e)   Approval required.
(1)   Date of compliance. After the effective date of this chapter, no plat for the subdivision of land within the City of Asheville shall be filed, accepted for recording, or recorded, nor shall the County Register of Deeds or Clerk of Superior Court order the recording of a plat until it has been submitted to the city and approved as set forth herein. The signature of the designated staff on the plat shall signify conformance with the requirements set forth in this chapter.
(2)   No conveyance without approval. No real property lying within the City of Asheville shall be subdivided until it conforms to all applicable sections of this chapter and other applicable law. Violations of this article shall be subject to the enforcement and penalties set forth in Article XVIII. Any sale or transfer of land in a subdivision subject to these regulations by reference to an unapproved plat or the use of a metes and bounds description shall be considered a violation of this chapter.
(3)   Designation of approval agency. The City of Asheville Planning and Urban Design Department is designated as a planning agency for the purposes of N.C. Gen. Stat. § 160A-373. The Planning and Urban Design director or his/her designee shall be authorized to sign the plat signifying final approval of subdivisions.
(4)   Dedication and acceptance of public areas.
a.   Rights-of-way and easements. The approval of a final plat does not constitute acceptance by the city of the dedication of any street or other ground, public utility line or other public facility shown on the plat. When located within the corporate limits of the City of Asheville, such dedications may be accepted only by resolution of the Asheville City Council following inspection and approval. Until the offer of dedication is accepted by the city in either of these manners, the property owner shall be responsible for maintenance of those areas.
b.   Open space. Land designated as public open space or a park on a plat shall be considered to be offered for dedication, but not accepted until the Asheville City Council has by express action done so. Until such dedication has been accepted, such areas may be used for open space purposes by its owner or by an association representing owners of lots within the subdivision. Land so offered for dedication shall not be used for any purpose inconsistent with the proposed public use without the approval of the Asheville City Council.
(f)   Street and utility construction.
(1)   Plans. Construction plans for all street, water, sanitary sewer, and stormwater facilities shall be submitted to the development services department consistent with preliminary plat approval. The street and utility construction plans for each subdivision, or portion thereof, shall include all improvements lying within or adjacent to the subdivision as well as improvements to all streets and water and sanitary sewer lines lying outside the subdivision which provide service to the subdivision. No final plat shall be approved until all improvements have been installed and approved or a guarantee accepted.
(2)   No construction without plan approval. No improvement to or new construction of street, water, sanitary sewer, and stormwater facilities shall be permitted until the street and utility construction plans for such improvements/construction have been reviewed and approved by the designated city departments and appropriate governmental agencies. These agencies may include, but shall not be limited to, the Metropolitan Sewerage District, the North Carolina Department of Transportation, and the Division of Environmental Management of the North Carolina Department of Environment, Health and Natural Resources, or their successors.
(3)   Inspection of construction. All construction undertaken pursuant to approved street and utility construction plans shall be inspected and approved by the City of Asheville and/or the appropriate governmental agencies.
(4)   Guarantee in lieu of construction of improvements. In lieu of completion of construction of the required improvements and utilities prior to final plat approval, the property owner may submit a performance guarantee approved by the city, including but not limited to, a performance bond from a corporate surety, licensed in North Carolina to execute such bonds, or an irrevocable letter of credit payable to the City of Asheville, either of which shall be in an amount equal to 125 percent of the estimated cost of the installation of the required improvements, as determined by the city. The performance guarantee shall secure the completion of construction of the improvements shown on the approved preliminary plat. The performance guarantee shall remain in full force and effect until such time as the construction of improvements and installation of utilities are completed and accepted by the City of Asheville. Failure to maintain the required performance guarantee shall result in the revocation of the approval of the preliminary plat and any permits issued as a result of the preliminary plat approval.
Failure to initiate construction of the improvements within one year of the date the performance guarantee was accepted by the city shall result in the city constructing the improvements, with the cost to be paid from the performance guarantee. In the event that the amount of the performance guarantee is insufficient to pay for the completion of the improvements, the property owner shall remain responsible and shall pay to the city the total amount of the insufficiency and if the city is not paid, the amount of the insufficiency shall constitute a lien on the property in favor of the city.
(g)   Maintenance of common areas. Where subdivisions have common areas or facilities serving more than one dwelling unit, the developer shall be responsible for the maintenance of these common areas and facilities. This responsibility may be transferred to another entity, provided the developer prepares and records a document showing the transfer of the property and the maintenance responsibilities to a successor. In such case, the successor shall be responsible for the maintenance of the common access and facilities.
(h)   Recordation of final plat. A final plat must be recorded in the office of the Register of Deeds for Buncombe County in accordance with the process outlined in section 7-5-8 of this chapter.
(i)   Subdivision standards. All proposed subdivisions must meet the following standards:
(1)   Lots. All lots shall conform to the following:
a.   Conformance to other regulations. Every lot shall conform with all city ordinances, including but not limited to, regulations governing area, dimensions, street access, and historic overlay district and local historic landmark guidelines and regulations.
b.   Lot lines and drainage. Lot boundaries shall be made to coincide with natural and pre-existing manmade drainage ways to the extent practicable to avoid the creation of lots that can be built upon only by altering such drainage ways.
c.   Buildable area. Lots or parcels shall not be unreasonably shaped and shall be made to contribute to the buildable area of a lot. Unless otherwise allowed by this chapter, no subdivided lots may contain portions less than 15 feet wide. Additionally, portions of a lot that are less than 26 feet wide and longer than 25 feet will be excluded from the minimum lot area.
d.   Lots on major thoroughfares. Residential lots in subdivisions shall not be entered from major thoroughfare streets.
e.   Access requirements for all lots. Every new lot shall have access on a publicly maintained street or privately maintained street built to city standards. Each lot in subdivision shall meet the access requirements set forth in this chapter.
f.   Lot boundaries. Lot boundaries must be contiguous with street right-of-way boundaries and shall not extend to the center of public streets. However, land to be subdivided which has existing property lines extending into street rights-of-way or into streets may continue to show the existing property lines extending into street rights-of-way or into streets. Areas in the public right-of-way shall not be used to calculate compliance with minimum lot size requirements.
(2)   Landscaping and buffering. Landscaping shall be provided in the proposed subdivision as required by this chapter. Preservation of existing trees is encouraged.
(3)   Open space. Open space as required by this chapter and other applicable ordinances and regulations of the City of Asheville shall be provided in the proposed subdivision.
(4)   Naming of streets and subdivisions. New streets shall be named in accordance with the standards outlined in Chapter 16 of the Code of Ordinances of the City of Asheville. In addition, subdivision names or identification shall not duplicate or closely approximate phonetically the names of existing streets and subdivisions in the City of Asheville and must be approved by the emergency address coordinator.
(5)   Streets. All streets must comply with the requirements of all other applicable city adopted plans and manuals including, but not limited to, the City of Asheville Standard Specifications and Details Manual.
(6)   Utilities. All utilities must comply with the requirements of all other applicable city adopted plans and manuals including, but not limited to, the City of Asheville Standard Specifications and Details Manual. In addition:
a.   Major subdivisions. An appropriate easement, of the width required by the utility company/agency, shall be provided for utilities including, but not limited to, electric service, telephone service, cable television service, sewer lines, and waterlines within the subdivision. The location of the easements and the physical relation of all utilities within the easement shall be delineated in the final plat. Placement of all utilities in a common easement is encouraged when such placement does not conflict with the requirements of other utilities.
b.   Minor subdivisions. Utility easements shall be provided as required by the approving agency.
(7)   Water supply for fire protection.
a.   Water supply for fire protection shall be provided as required by the Asheville Fire Prevention Code.
b.   Size, type, and installation of hydrants shall conform to the specifications set forth in the City of Asheville Standard Specifications and Details Manual.
(8)   Stormwater management.
a.   Design of the stormwater management system shall be consistent with the City of Asheville's stormwater regulations, as set forth in this chapter.
b.   The stormwater management system design shall comply with the specifications set forth in the stormwater section of the City of Asheville Standard Specifications and Details Manual.
(9)   Flood standards.
a.   All subdivision proposals shall comply with the requirements of the city's flood protection regulations set forth in this chapter.
b.   All subdivision proposals shall have the public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage as required by those utilities.
c.   Base flood elevation data shall be provided for subdivision proposals whenever any portion of the project site is located within a designated flood hazard area.
d.   Preliminary and final plats shall note the location of floodplain and floodway boundaries and the 100-year flood elevation.
(10)   Steep slope ridge top development. All subdivision proposals within the City of Asheville shall be consistent with the requirements of the city's hillside development regulations set forth in this chapter.
(11)   Historic overlay district development and local historic landmarks. All proposed subdivisions located within a local historic district or of land designated as a local historic landmark shall be subject to review and preliminary approval by the Historic Resources Commission ("HRC") as set forth in section 7-5-8. The preliminary approval will be granted if the HRC determines that the proposed subdivision would allow for new development features, at minimum, to be built in a manner that is congruous with the special character of the historic district and/or landmark as it relates to building setbacks, orientation and consistency with the historic development pattern.
(12)   Electrical utilities. Electrical lines shall be installed underground unless inconsistent with flood protection requirements.
(13)   Placement of monuments. The Standards of Practice for Land Surveying in North Carolina, as adopted by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors, shall apply when conducting surveys.
(j)   Phased development. Subdivisions may be designed to be platted and constructed in phases. A plan for phased development must be approved by the TRC. The plan must provide for: the provision of adequate public facilities to support each and every phase independent of the overall subdivision plan; and access and water supply for fire protection must be present for each phase to the extent required by the Asheville Fire Prevention Code. In approving the phases, the TRC may require that additional streets, water and sewer facilities, or other required public facilities be constructed as part of the phase or phases to ensure that sufficient public facilities will be in place to support each phase or phases independent of any future subdivision development.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2428, §§ 19, 20, 11-11-97; Ord. No. 2664, § 1(v), 2-8-00; Ord. No. 2904, § 1(v), 3-12-02; Ord. No. 3031, § 1(g)—(i), 6-10-03; Ord. No. 3032, § 1(j), 6-10-03; Ord. No. 3156, § 1, 8-24-04; Ord. No. 3261, §§ 1(b—d), 7-12-05; Ord. No. 3328, § 1(r), 1-24-06; Ord. No. 3466, § 1(b), 4-24-07; Ord. No. 3708, § 1, 3- 10-09; Ord. No. 4492, § 1c, 4-12-16; Ord. No. 4736, § 1h—j, 3-26-19)
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