Sec. 7-16-1. Uses by right, subject to special requirements.
(a)   Purpose. Uses by right, subject to special requirements are uses permitted by right, provided that the specific standards set forth in this section are met. The specified standards are intended to insure these uses fit the intent of the districts within which they are permitted, and that these uses are compatible with other development permitted within the districts. All uses by right, subject to special requirements shall comply with the following:
(1)   Unless otherwise indicated in this chapter, properties and structures containing uses by right, subject to special requirements shall be conforming to all applicable development standards and nonconforming lots or structures shall not be used for uses by right subject to special requirements. Wireless telecommunication facilities may be co-located on existing nonconforming structures if doing so would reduce visual impacts, or would be a preferable aesthetic alternative to location of a new telecommunication tower.
(2)   Uses by right, subject to special requirements shall comply with all applicable local, state, and federal regulations and standards and shall be properly licensed and permitted.
Approval procedures for uses by right, subject to special requirements are set forth in section 7-5-4.
(b)   Uses by right, subject to special requirements listed (by zoning district).
(1)   Reserved.
(2)   Reserved.
(3)   Adult day care centers. RM-16, Urban Village, Neighborhood Corridor, Office, Office II, Urban Residential
(4)   Adult day care homes. All Residential Districts including Urban Residential, Urban Village.
(4.1)   Agriculture. All Residential districts including Urban Residential and Urban Village.
(5)   Antennas. All zoning districts.
(6)   Assisted living facilities. RM-16, Urban Village, Neighborhood Corridor, Urban Residential.
(7)   Bakeries. Head of Montford Transition Overlay District.
(8)   Barber shops and salons. Head of Montford Transition Overlay District, Resort.
(9)   [Reserved.]
(10)   Bed and breakfast inns. All districts as noted in sections 7-8-1(d) Table of Permitted Uses and sections 7-8-28(3.2) and 7-8-29(3.2) Permitted Use Table.
(11)   Boardinghouse. All districts as noted in sections 7-8-1(d) Table of Permitted Uses and sections 7-8-28(3.2) and 7-8-29(3.2) Permitted Use Table.
(12)   Call centers. Industrial.
(13)   Car washes. Urban Village District, Neighborhood Corridor.
(14)   Cemeteries, animal. Community Business I, Community Business II, Institutional, Highway Business, Regional Business, Central Business, River, Commercial Industrial, Industrial, Light Industrial.
(15)   Child day care centers. RM-16, Office, Neighborhood Corridor, Office II, Urban Village, Urban Residential.
(16)   Child day care homes. All residential districts; Urban Residential.
(17)   Civic, social service, and fraternal organizations when operating as a fraternity or sorority house. RM-16, Institutional.
(18)   Clinics, medical, dental, psychiatric, optical. Urban Residential.
(19)   Commercial uses accessory to residential uses. RM-8, RM-16, Neighborhood Business, Office, Office II, Institutional, Urban Place Form, Urban Residential, Urban Village.
(20)   Cottage developments. RS-8, RM-6, RM-8, RM-16.
(21)   Crematories, human. Institutional, Highway Business, Regional Business, Commercial Industrial, Industrial, River, Office, Office II, Community Business I, Community Business II.
(22)   Crematories, animal. Institutional, Highway Business, Regional Business, River, Commercial Industrial, Industrial, Light Industrial.
(23)   Drive through facilities. Urban Village District.
(24)   Dormitories. Industrial.
(25)   Reserved.
(26)   Dwellings, multifamily. Neighborhood Business.
(27)   Dwellings, single-family detached. Urban Residential.
(28)   Dwellings, townhouse. RM-6, RM-8, RM-16, RS-8, Office, Office II, Office Business, Community Business I, Community Business II, Resort, Highway Business, Central Business, Regional Business, Commercial Industrial, River, Neighborhood Corridor, Urban Residential, Institutional.
(29)   Eating and drinking establishments. Head of Montford Transition Overlay District; Office, Office II, Office/Business, Institutional, Central Business District, Neighborhood Business, River.
(30)   Equipment Rental business. Community Business I, Community Business II, Resort, Highway Business, Regional Business, Commercial Industrial, Neighborhood Corridor District.
(31)   Family care homes. All residential districts including Urban Residential.
(32)   Fire/police stations. Neighborhood Corridor, Urban Residential Districts.
(33)   Funeral establishments. Urban Village District.
(34)   Gasoline sales. Neighborhood Corridor, Central Business Districts, Urban Village.
(35)   Government buildings and uses. Office, Office II, Office Business, Institutional, Community Business I, Community Business II, Urban Residential.
(36)   Grocery stores. Head of Montford Transition Overlay District.
(37)   Group homes. RM-16, Urban Residential District, Urban Village District.
(38)   Home occupation. All residential districts including Urban Residential.
(39)   Industrial equipment sales. Light Industrial.
(40)   Industrial uses, light. Community Business I, Community Business II and Regional Business.
(41)   Reserved.
(42)   Lodging facilities. Urban Village District, Neighborhood Corridor.
(43)   Microbrewery. Office, Office II, Office/Business, Central Business, Institutional, Resort.
(44)   Mobile food vending. Office, Office II, Office Business, Community Business I, Community Business II, Institutional, Highway Business, Regional Business, Central Business, River, Commercial Industrial, Light Industrial, Industrial, Urban Village, Neighborhood Corridor, Urban Place Form.
(45)   Movie theaters. Community Business I, Community Business II, Institutional, Neighborhood Corridor.
(46)   Motor vehicle and boat service and repair. River, Industrial, Central Business, Urban Village, Community Business I, Community Business II, Neighborhood Corridor.
(47)   Motor vehicle service facility (gasoline sales, car washes, and outdoor storage permitted separately). Urban Village, Neighborhood Corridor.
(48)   Nightclubs. Resort.
(49)   Office. Light industrial, Industrial.
(50)   Orphanages. Urban Village District.
(51)   Outdoor storage. River District, Industrial, Community Business II, Neighborhood Corridor, Light Industrial.
(52)   Parking decks, garages, facilities. Institutional, Urban Village.
(53)   Pharmacies. Head of Montford Transition Overlay District.
(54)   Pharmacies. Office.
(55)   Places of worship. All residential except Urban Residential.
(56)   Places of worship. Neighborhood Corridor District, Urban Residential District.
(57)   Public utilities and related facilities. All residential including Urban Residential.
(58)   Recreational uses, restricted to membership, non-profit. All residential including Urban Residential.
(59)   Recycling operation. River District, Commercial Industrial, Industrial, Light Industrial.
(60)   Recycling collection center. River, Community Business I, Community Business II, Resort, Highway Business, Regional Business, Commercial Industrial, Urban Village and Neighborhood Corridor, Institutional.
(61)   Retail sales. Institutional, Resort, Light industrial, Industrial, Head of Montford Transition Overlay District, Urban Village, Neighborhood Business.
(62)   Schools. Urban Village, Urban Residential.
(63)   Schools. All residential except Urban Residential.
(64)   Shelters. Urban Village District.
(64.1)   Short-term vacation rental. All districts as noted in sections 7-8-1(d) Table of Permitted Uses and sections 7-8-28(3.2) and 7-8-29(3.2) Permitted Use Table.
(65)   Small engine repair and service business. Community Business I, Community Business II, Highway Business, Regional Business, Central Business.
(66)   Stables. Central Business, Resort.
(67)   Stadiums and arenas. Institutional.
(68)   Studios, galleries and workshops for artists, artisans, and craftspeople - high impact. Central Business.
(69)   Sustainable development projects. RM-6, RM-8, RM-16, Office, Office II, Office-Business, Community Business I, Community Business II, Institutional, Highway Business, Regional Business, River, Commercial Industrial.
(70)   Tailors/dressmaker shops. Head of Montford Transition Overlay District.
(71)   Reserved.
(72)   Video rental stores. Head of Montford Transition Overlay District.
(73)   Vocational and technical school. Urban Village, Neighborhood Corridor, Light Industrial, Industrial.
(74)   Warehousing and storage. Regional Business.
(75)   Wireless telecommunication facilities, microcell. All zoning districts.
(76)   Wireless telecommunication facilities. All zoning districts except RS-2, RS-4, RS-8.
(77)   Wireless telecommunication facility, collocation. All zoning districts.
(78)   Electrified security fences. Industrial, Light Industrial.
(c)   Uses by right, subject to special requirements standards.
(1)   Reserved.
(2)   Reserved.
(3)   Adult day care centers.
a.   Use districts: RM-16, Urban Village, Neighborhood Corridor, Office, Office II, Urban Residential.
b.   Courtyard space required facing the street.
c.   Maximum building size 20,000 square feet in RM-16.
d.   Maximum building size 12,000 square feet in Urban Village, Neighborhood Corridor, Office, Office II.
e.   In Urban Residential gross square footage may occupy up to 100 percent of the ground floor square footage but is not to exceed 8,000 square feet total.
(4)   Adult day care homes.
a.   Use districts: All Residential Districts including Urban Residential, Urban Village.
b.   Maximum building or facility size: 2,000 square feet.
c.   Client drop-off and pick-up may not obstruct traffic flow on adjacent public streets.
d.   Parking may not be located in a front yard.
(4.1)   Agriculture.
a.   Use districts: All residential districts including Urban Residential and Urban Village.
b.   A site and operations plan must be submitted that includes a description of the proposed operation indicating:
1.   Type of farming and (if applicable) list of products that will be sold on site,
2.   Location and size of structures to be built to accommodate the use,
3.   Permits for any animals regulated in Chapter 3 proposed as a part of the use,
4.   Marketing plans (including on-site sales) if applicable, including proposed times and frequency of market operation or on-site sales,
5.   Location of the intended public parking area (if applicable), and
6.   Anticipated level of agriculturally related vehicle traffic.
c.   If a market stand is proposed it must be a seasonal use to sell products grown on the property or created from products grown on the property. Market stands must provide off-street parking and may be open up to seven days a week. The proposal must include the proposed times and frequency of operation, location of intended public parking area, and products that will be sold on site. The public parking area may not exceed five spaces.
d.   Standards for structures:
1.   If the agricultural operation is on a lot that contains a dwelling unit or other primary structure, accessory structures not used for agricultural purposes are also allowed meeting the standards for accessory structures in section 7-16-1(c) of this chapter but may not exceed the cumulative limit for all structures established below.
2.   Storage and production structures for community gardens are allowed by right meeting the standards below for a lot without a primary structure.
3.   If the agricultural operation is on a lot that does not contain a dwelling or other primary structure, small storage or production structures (no larger than 12 × 12 and ten feet tall and not within the public right-of-way) are allowed by right.
Larger storage or production structures may be built when there is no primary structure (home or other allowed use) on the property meeting the standards below but the applicant must submit a notarized affidavit stating and confirming that the structure will be used only for agricultural storage or production uses.
(a)   The footprint of the proposed structure located on a lot without a primary structure may not exceed the following maximum footprint:
 
Lot Size
One Structure
All Structures
Less than 1 acre
770 square feet
1,000 square feet
1 to 3 acres
1,200 square feet
1,600 square feet
More than 3 acres
2,500 square feet
3,000 square feet
 
(b)   Structures must meet required setbacks for the zone and may not exceed 20 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.
(c)   On lots of more than three acres, structures may not be located in the required front yard. Structures located in side yards of corner lots whose rear or side yards are adjacent to a front yard of the adjacent lot, must maintain a setback equivalent to the front yard setback of the adjacent lot.
(5)   Antennas.
a.   Use districts: All.
b.   This section covers antennas other than those associated with wireless telecommunication facilities and television and radio broadcast facilities. Antennas allowed as uses by right subject to special requirements by this section include:
1.   Amateur radio facilities mounted on supporting structures less than 100 feet in height.
2.   Residential antennas for receiving television, AM or FM radio broadcast signals.
3.   Residential or business customer premise antennas for receiving microwave or satellite signals, provided such antennas are less than one meter (39.4 inches) in height or diameter and are mounted on a support structure less than 12 feet in height.
c.   No antenna shall interfere with usual and customary radio and television reception except for broadcast facilities as provided for in the rules and regulations of the FCC.
d.   All antennas must comply with FCC and FAA rules and regulations.
e.   Antennas covered by this section which are to be located or constructed in local historic districts or on a local historic landmark shall require a certificate of appropriateness from the historic resources commission.
(6)   Assisted living facilities.
a.   Use districts: RM-16, Urban Village, Neighborhood Corridor, Urban Residential.
b.   Courtyard required facing the street.
(7)   Bakeries.
a.   Use districts: Head of Montford Transition Overlay District.
b.   Shall be located on the first floor with office and/or residential uses above.
c.   Shall provide an operable storefront entrance on Montford Avenue (or on Hill Street if the entrance is within 50 feet from the Montford Avenue side of the building).
d.   Individual tenants or businesses shall not exceed a total floor area of 5,000 square feet.
(8)   Barber shops and salons.
a.   Use districts: Head of Montford Transition Overlay District.
1.   Shall be located on the first floor with office and/or residential uses above.
2.   Shall provide an operable storefront entrance on Montford Avenue (or on Hill Street if the entrance is within 50 feet from the Montford Avenue side of the building).
3.   Individual tenants or businesses shall not exceed a total floor area of 5,000 square feet.
b.   Use districts: Resort
1.   Only allowed as accessory to a permitted use.
(9)   Homestays.
a.   Use districts: All districts as noted in sections 7-8-1(d) Table of Permitted Uses and sections 7-8-28(3.2) and 7-8-29(3.2) Permitted Use Table.
b.   No displays of goods, products, services, or other advertising shall be visible from outside of the dwelling.
c.   A permit is required for a homestay and the homestay must be reviewed annually and inspected for compliance with this subsection.
d.   The homestay operation shall be managed and carried on by a person who is: 1) 18 years or older, 2) a full-time resident of the dwelling unit; and 3) present during the homestay term for the entire time lodgers are staying at the property. To be a "full time resident," the person must reside on the property on a permanent basis, and it must be the person's primary home. For purposes of this homestay ordinance, a person can only have one primary, full time residence, and the homestay must be operated from that primary, full time residence. In order to be "present during the homestay term," the full time resident shall be at the property overnight and not away on vacation, visiting friends or family, travelling out of town for business or personal reasons, etc. during the homestay term. However, the full-time resident may be temporarily absent from the property for purposes related to normal residential activities such as shopping, working, attending class, etc.
e.   Applicants must definitively affirm that they live at the property from which the homestay is operated and that they have only one primary, full-time residence. A minimum of two documents establishing proof of residency shall be supplied from an approved list of documents. This does not apply to property owners acting as a co-applicant.
f.   When the property owner does not reside on the property, an application for a homestay permit must be submitted by the full-time resident of the property and the property owner together as co-applicants. The homestay permit shall be issued to both parties with all rights and responsibilities afforded to the applicants equally.
g.   No activities other than lodging shall be provided; however, nothing herein shall prevent the use of a homestay for a residential use for periods greater than 30 days which would not interrupt the validity of the homestay permit.
h.   No additional off-street parking is required for a homestay.
i.   Only one homestay shall be permitted per lot/parcel.
j.   Homestay permits shall be limited to one per person, immediate household, LLC, corporation, trust or other legal entity. A person's immediate household shall include a spouse, children, or any other relative residing in the same home. No more than 5 percent ownership in an LLC, corporation, trust or other legal entity shall be a sufficient ownership stake to constitute ownership for the purposes of this limitation.
k.   Homestays may not be located within a detached accessory structure except that homestays permitted prior to December 14, 2021, may continue provided the homestay use and permit is maintained per Sec. 7-17-3. Detached structures connected by a breezeway or other enclosed but unheated space shall not be deemed one dwelling unit for the purposes of this subsection.
l.   No signage shall be allowed for homestays.
m.   Exterior lighting shall be residential in nature and shall comply with the lighting requirements in the UDO.
n.   The homestay owner or operator shall maintain liability insurance on the property, which covers the homestay use and homestay guests.
o.   The homestay owner or operator must pay any applicable taxes, including occupancy and sales taxes, to the appropriate governmental entity.
p.   The homestay area of the dwelling shall comply with applicable building codes.
q.   Subsection 7-16-1(a)(1) shall not apply to homestays. Legally established, but non-conforming properties are eligible for a homestay use.
(10)   Bed and breakfast inns.
a.   Use districts: All districts as noted in sections 7-8-1(d) Table of Permitted Uses and sections 7-8-28(3.2) and 7-8-29(3.2) Permitted Use Table.
b.   Bed and breakfast inns shall be located a minimum of 500 feet from other bed and breakfast inns, bed and breakfast homestays, and boardinghouses. In calculating the 500-foot distance between bed and breakfast inns or homestays, measurements shall be taken from the closest property line of the existing bed and breakfast inn or homestay lot or boardinghouse lot to the closest property line of the lot of the proposed bed and breakfast inn. Existing, legally established bed and breakfast inns that do not meet this separation requirement of 500 feet are permitted to expand within the subject property to the maximum limits allowed under this chapter, as long as all applicable development standards are met.
c.   The owner/manager shall reside on the property.
d.   The minimum lot area for a bed and breakfast inn shall be 20,000 square feet.
e.   The maximum number of guest rooms provided by the bed and breakfast inn in a residential district shall be eight.
f.   Accessory structures and outdoor activities. Accessory structures may be utilized for guest accommodation purposes as part of a bed and breakfast inn use. The number of guest bedrooms in the accessory structure (s) cannot exceed the number of guest bedrooms in the principal structure. Such accessory structures shall have or shall be constructed to have architectural compatibility with the principal structure. Accessory structures used to accommodate the guests of bed and breakfast inn uses are not subject to the floor area limitations for accessory structures but shall not exceed 35 percent of the gross floor area of the principal structure and shall comply with the setback requirements for accessory structures unless such setback requirements are modified through the application of the flexible development standards provisions of this Code. Passive recreation-related outdoor activities such as tea-time are allowed outside the principal structure or any accessory structure(s), but all other activities and functions designed to serve and entertain guests shall take place only within the principal structure.
g.   The length of stay of guests shall not exceed 14 days.
h.   No home of less than 3,500 heated square feet, and less than 30 years old shall be used for a bed and breakfast inn.
i.   Off-street parking shall be provided as required by subsection 7-11-2(c) of this chapter. Parking shall be located on the same lot on which the bed and breakfast inn is located, at the rear of the lot and screened with vegetation from adjacent properties and from the street.
j.   Signage shall be limited to a single sign, not to exceed eight square feet, with a maximum height of four feet. The sign may be located in the front yard and indirectly lighted.
k.   Exterior lighting shall be residential in nature and shall not be directed towards adjacent properties.
l.   Activities and functions at the bed and breakfast inn shall be provided for overnight guests only and shall be limited to breakfast and an afternoon and/or evening refreshment. In addition to the functions for overnight guests, the bed and breakfast inn may have four social gatherings per year. No commercial activities other than providing lodging for registered guests shall be permitted.
m.   Comply with N.C. State Building Code requirements.
(11)   Boardinghouse.
a.   Use districts: All districts as noted in sections 7-8-1(d) Table of Permitted Uses and sections 7-8-28(3.2) and 7-8-29(3.2) Permitted Use Table.
b.   Minimum lot size: 20,000 square feet.
c.   Minimum lot width: 100 feet.
d.   Spacing: boardinghouses shall be located a minimum of 500 feet from other boardinghouses and bed and breakfast establishments.
e.   Maximum number of rooms: equal to one room per one-half of the lot area required for each residential unit in the respective district.
f.   The owner or manager of the boardinghouse shall reside on premises.
g.   Parking shall be provided as required by subsection 7-11-2(c) of this chapter. Parking shall be located on the same lot on which the boardinghouse is located at the rear of the lot and screened with vegetation from adjacent properties and from the street.
(12)   Call centers.
a.   Use districts: Industrial.
b.   Shall not constitute more than 50 percent of the total building square footage.
(13)   Car washes.
a.   Use districts: Urban Village District.
1.   No washing facilities are to be located in front of the building.
2.   All wastewater shall be collected on-site and piped to sanitary sewer system or recycled on site.
b.   Use districts: Neighborhood Corridor.
1.   Must be ancillary use located behind principal structure
(14)   Cemeteries, animal.
a.   Use districts: Community Business I, Community Business II, Institutional, Highway Business, Regional Business, Central Business, River, Commercial Industrial, Industrial, Light Industrial.
b.   Shall be operated by a business entity or non-profit group.
c.   The operator of an animal cemetery must provide evidence of ownership of the property on which the cemetery is to be located, and copies of contracts or other instruments providing for perpetual maintenance and closure procedures.
d.   Minimum setback from any property line: Same as that required in the respective district, but no less than ten feet.
(15)   Child day care centers.
a.   Use districts: RM-16.
1.   Maximum enrollment: 79 children.
2.   Minimum lot size: 20,000 square feet.
3.   Minimum lot width: 100 feet.
4.   Minimum yard widths.
Front: Same as that for permitted uses in the respective districts but no less than the lesser setback of existing homes on adjacent lots.
Side and rear: 25 feet.
5.   Any outdoor play area shall be fenced or otherwise enclosed on all sides and shall not include driveways, parking areas, or land otherwise unsuited for children's play space and shall not be located in the required setbacks or buffer yards.
6.   Child drop-off and pick-up shall be located on the site so as not to obstruct traffic flow on adjacent public streets.
7.   Parking shall not be located in the front yard.
b.   Use districts: Office, Neighborhood Corridor.
1.   Maximum enrollment: 50 children.
2.   Any outdoor play area shall be fenced or otherwise enclosed on all sides and shall not include driveways, parking areas, or land otherwise unsuited for children's play space and shall not be located in the required setbacks or buffer yards.
3.   Child drop-off and pick-up shall be located on the site so as not to obstruct traffic flow on adjacent public streets.
4.   Parking shall not be located in the front yard.
c.   Use districts: Office II.
1.   Maximum enrollment: 125 children.
2.   Minimum lot size: 20,000 square feet.
3.   Minimum lot width: 100 feet.
4.   Minimum yard widths:
Front: Same as that for permitted uses in the Office II District.
Side and rear: 25 feet.
5.   Any outdoor play space shall be fenced or otherwise enclosed on all sides and shall not include driveways, parking areas, or land otherwise unsuited for children's play space and may not be located in the required setbacks or bufferyards.
6.   Client drop-off and pick-up shall not obstruct traffic flow on adjacent public streets.
7.   Parking shall not be located in the front yard.
d.   Use districts: Urban Village.
1.   Play space required for day care centers does not count towards open space requirements for the Urban Village.
e.   Use districts: Urban Residential.
1.   Maximum enrollment: 30 children.
2.   Any outdoor play area shall be fenced or otherwise enclosed on all sides and shall not include driveways, parking areas, or land otherwise unsuited for children's play space and shall not be located in the required setbacks or buffer yards.
3.   Child drop-off and pick-up shall be located on the site so as not to obstruct traffic flow on adjacent public streets.
4.   Parking may not be located in a front yard.
5.   Gross square footage may occupy up to 100 percent of the ground floor square footage but is not to exceed 6,000 square feet total.
(16)   Child day care homes.
a.   Use districts: All residential districts; Urban Residential.
b.   Maximum enrollment: Eight children.
c.   Any outdoor play space shall be fenced or otherwise enclosed on all sides and shall not include driveways, parking areas, or land otherwise unsuited for children's play space and may not be located in the required setbacks or bufferyards.
d.   Client drop-off and pick-up shall not obstruct traffic flow on adjacent public streets.
e.   Parking shall not be located in the front yard.
(17)   Civic, social service, and fraternal organizations when operating as a fraternity or sorority house.
a.   Use districts: RM-16.
1.   Minimum lot size: 20,000 square feet.
2.   Minimum lot width: 100 feet.
3.   Minimum yard widths:
Front: Same as that for permitted uses in the respective districts; but no less than the lesser setback of existing homes on adjacent lots.
Side and rear: 25 feet.
4.   Shall be associated with an educational facility.
5.   Maximum number of bedrooms: Shall equal one room per one-third of the lot area required for each residential unit in the same district.
6.   Shall be located within one-half-mile of the institutional use it is intended to serve.
7.   Parking shall not be located in the front yard.
b.   Use districts: Institutional.
1.   Shall be associated with an educational facility.
2.   Shall be located within one-half-mile of the educational facility served.
(18)   Clinics, medical, dental, psychiatric, optical.
a.   Use districts: Urban Residential.
b.   Gross square footage may occupy up to 100 percent of the ground floor square footage but is not to exceed 5,000 square feet total.
(19)   Commercial uses accessory to residential uses.
a.   Use districts: RM-8, RM-16, Neighborhood Business, Office, Office II, Institutional, Urban Place Form, Urban Residential, Urban Village.
b.   Permitted only when accessory to multi-family residential.
c.   Services limited to: dining halls, barber and beauty shops, laundry facilities, food stores, banks, newsstands, drugstores, flower shops, gift shops.
d.   No signs or merchandise visible from off premises.
e.   May occupy no more than 25 square feet per dwelling unit within the residential development.
(20)   Cottage developments.
a.   Use districts: RS-8, RM-6, RM-8, RM-16.
b.   Purpose: The purpose of this use is to allow small infill development of small single-family homes as a means to increase the stock of housing affordable at the "workforce" and "affordable" housing levels. It is intended that the allowed greater density will be offset by the smaller size of the homes, and the design of the development - its layout and landscaping are of particular importance to ensure that it complements the surrounding existing neighborhood. Further it is important that any proposal be designed to fit into the context of the surrounding existing neighborhood, so the relationship of the design to existing setbacks and prevailing lot sizes and housing orientation should be taken into account.
c.   The property shall be lawfully established and conforming to the underlying zoning district(s).
d.   The minimum and maximum number of cottage homes in a cottage development shall be five and 15, respectively. Cottage developments shall not be subject to the density limitations of the underlying zoning district.
e.   Cottage developments shall not be developed on sites subject to steep slopes and ridgetop requirements.
f.   Cottage developments shall be located a minimum of 200 feet from other cottage developments. In calculating the distance between such uses, measurements shall be taken from the closest property line of the lot of the closest existing cottage development to the closest property line of the lot of the proposed cottage development.
g.   The minimum setback requirements for the underlying zoning district shall apply and, in addition, there shall be a minimum of six feet separating cottage homes from each other and adjacent structures on all sides.
h.   The maximum height for cottage homes shall be 28 feet. Accessory structures shall not exceed 20 feet in height. For the purpose of this subsection, height shall be calculated as the vertical distance from grade to the midpoint of the peak and eave.
i.   The maximum gross floor area for individual cottage homes shall be 1,400 square feet, with a maximum gross floor area on the ground floor of 1,200 square feet. For the purpose of this subsection, gross floor area shall include the floor area of any attached garages and shall not include the floor area of any roofed porches, provided such porches are not enclosed.
Accessory structures shall be limited to detached garages and community buildings and such uses shall not contain more than 800 square feet of gross floor area. The maximum number of such accessory structures shall not exceed 60 percent of the total number of cottage homes in a cottage development.
j.   Parking requirements for cottage developments shall be as follows:
· The minimum and maximum parking requirement for cottage developments shall be a minimum of one space per each cottage home and a maximum of two spaces per each cottage home, respectively.
· Parking lots with six or more spaces shall not be provided within 25 feet of an adjoining street right-of-way or property line unless screened by a Type A buffer.
· Parking for cottage developments should generally be dispersed across the site in groupings of fewer than six spaces. No more than 12 spaces shall be grouped together.
k.   Cottage developments shall not contain accessory dwelling units.
l.   Open space requirements for cottage developments shall be of two types, as specified below:
· Common open space - A minimum of 500 square feet shall be provided for each cottage home. Common open space shall be arranged so that at least 75 percent of the cottage homes are adjacent to and have direct access to the open space so that it forms a central common green where a minimum of 20 percent is improved to include space for congregation and/or recreation including, but not limited to: common lawn; gazebos; patios; gardens; connected walking trails; communal fire pit, etc. All communal features shall be available to all residents.
· Private open space - A minimum of 300 square feet shall be provided for each cottage home. Private open space shall be designated by fencing, landscaping, hardscaping or other means to create a separate private area for the exclusive use of the person(s) residing in each individual cottage home. If the required private open space is provided in more than one location (such as a flower bed in the front and a fenced yard or patio in the rear), no one area shall contain less than 100 square feet.
m.   Cottage homes shall be oriented towards the primary road with a build-to line that is within five- feet of the average build-to line of the homes on the same side of the street for the same block. When no average build-to line is established, the underlying setback shall apply.
(21)   Crematories, human.
a.   Use districts: Institutional, Highway Business, Regional Business, Commercial Industrial, Industrial, River, Office, Office II, Community Business I, Community Business II.
b.   Shall obtain and annually renew a permit from the Western North Carolina Regional Air Quality Agency.
c.   Shall comply with all standards set by the North Carolina Crematory Authority and North Carolina Board of Funeral Services.
d.   In the Office Business, Community Business I, Community Business II, permitted only as an accessory use to a funeral establishment.
(22)   Crematories, animal.
a.   Use districts: Institutional, Highway Business, Regional Business, River, Commercial Industrial, Industrial, Light Industrial.
b.   Shall comply with all applicable public health and environmental laws and rules and shall obtain and maintain all applicable licenses and permits.
c.   Prior to the issuance of any permit, the applicant shall provide a certification by the North Carolina Division of Air Quality of the Department of Environment and Natural Resources that either all air quality regulations have been complied with or that no permits are required.
d.   In the Institutional, Highway Business, Regional Business, and River districts:
1.   Shall have a buffer or privacy fence to visually screen material, buildings, and equipment storage areas from adjoining residentially zoned or used property.
2.   No noise, vibration, smoke, dust, odors, heat, or glare shall be noticeable beyond any property line.
3.   Permitted only as an accessory use to animal cemeteries, veterinary clinics, or animal shelters.
(23)   Drive through facilities.
a.   Use districts: Urban Village District (note: additional standards regarding drive-through facilities for specific uses in other districts can be found elsewhere in this section of the ordinance).
b.   To be located only behind or to the side of the main structure.
c.   Drive through facilities not allowed for convenience stores.
(24)   Dormitories.
a.   Use districts: Industrial.
b.   Permitted only as an accessory use.
c.   To be occupied only by employees of the principal use.
(25)   Reserved.
(26)   Dwellings, multifamily.
a.   Use districts: Neighborhood Business.
b.   May not be located at the first floor or street level
(27)   Dwellings, single-family detached.
a.   Use districts: Urban Residential.
b.   Not more than 25 percent of the total number of dwellings in any development shall be detached single-family dwellings.
(28)   Dwellings, townhouse.
a.   Use districts: RM-6, RM-8, RM-16, RS-8, Office, Office II, Office Business, Community Business I, Community Business II, Resort, Highway Business, Central Business, Regional Business, Commercial Industrial, River, Neighborhood Corridor, Urban Residential, Institutional.
b.   Minimum lot size, width and side yards (except for street sides of corner lots and end units in townhouse clusters) are waived for lots containing townhouse units; provided that the residential density for each phase of a project does not exceed the maximum permissible residential density for the respective use district. A common area that supports the townhouse development may be used to reduce the residential density to the required maximum provided that this area is commonly owned (or owned by the related community association) and is adjacent to one or more of the lots containing townhouse units within each phase of the development. This common area must be accessible to all residents of the townhouse development.
c.   Within RM-6 districts, townhouse developments where the total area within lots containing townhouse units exceeds the maximum residential density permitted within the zoning district, an area of undeveloped, vegetated land sufficient to reduce the residential density to the required maximum shall be designated as permanent open space and shall be dedicated for use by the residents of the townhouse units. This open space area shall be adjacent to one or more of the lots containing townhouse units within each phase of the development, and accessible to all residents of the townhouse development.
d.   Within RM-6 districts townhouse projects shall be limited to no more than four townhouses in one attached cluster.
e.   All parking shall be located to the rear of the structure(s) unless garages are provided for each new unit and the majority of the homes on both sides of the block have parking located in the front of the structure(s).
f.   All townhouse developments shall comply with all other applicable development and subdivision standards.
(29)   Eating and drinking establishments.
a.   Use districts: Head of Montford Transition Overlay District.
1.   Shall be located on the first floor with office and/or residential uses above.
2.   Shall provide an operable storefront entrance on Montford Avenue (or on Hill Street if the entrance is within 50 feet from the Montford Avenue side of the building).
3.   Individual tenants or businesses shall not exceed a total floor area of 5,000 square feet.
b.   Use districts: Office, Office II, Office/Business, Institutional, Central Business District, Neighborhood Business, River
1.   No drive-through facilities shall be permitted.
2.   No outdoor speakers systems (except for the Central Business District and River), shall be permitted.
3.   Maximum of 4,000 square feet for size of restaurants in Office II.
(30)   Equipment rental business.
a.   Use districts: Community Business I, Community Business II, Resort, Highway Business, Regional Business, Commercial Industrial, Neighborhood Corridor District.
b.   Only items allowed to be sold as a permitted use within the district shall be rented.
c.   No outdoor storage of rental items shall be permitted.
(31)   Family care homes.
a.   Use districts: All residential districts including Urban Residential.
b.   Parking shall not be located in any required setback other than that which would occur on a driveway.
c.   Family care homes shall be spaced a minimum of 600 feet from all other family care homes as measured from the closest property line of each property containing a family care home.
(32)   Fire/police stations.
a.   Use districts: Neighborhood Corridor, Urban Residential Districts.
b.   Excludes protective services.
(33)   Funeral establishments.
a.   Use districts: Urban Village District.
b.   No crematorium services on premises.
c.   Rear access required for delivery and pick up.
(34)   Gasoline sales.
a.   Use districts: Neighborhood Corridor, Central Business Districts.
1.   Gas canopy to be located behind the principle structure.
2.   A maximum of three fueling pumps (or six distribution points).
b.   Use districts: Urban Village.
1.   Pumps or gas/fueling islands are to be located behind main structure.
2.   Main building must be built to corner on corner lots.
3.   No gasoline sales allowed at convenience stores.
(35)   Government buildings and uses.
a.   Use districts: Office, Office II, Office Business, Institutional, Community Business I, Community Business II, Urban Residential.
b.   Shall not contain protective function, jails/detention facilities, or related facilities.
c.   In the Urban Residential District, gross floor area shall be limited to 5,000 square feet.
(36)   Grocery stores.
a.   Use districts: Head of Montford Transition Overlay District.
b.   Shall be located on the first floor with office and/or residential uses above.
c.   Shall provide an operable storefront entrance on Montford Avenue (or on Hill Street if the entrance is within 50 feet from the Montford Avenue side of the building).
d.   Individual tenants or businesses shall not exceed a total floor area of 5,000 square feet.
(37)   Group homes.
a.   Use districts: RM-16, Urban Residential District, Urban Village District.
b.   Private yard or garden space required; minimum size 500 square feet (minimum dimension 15 feet).
c.   Client drop off at the rear or side of the main building.
d.   Group homes shall be spaced a minimum of 600 feet from all other family care homes and group homes as measured from the closest property line of each property containing a family care home or group home.
(38)   Home occupation.
a.   Use districts: all residential districts including Urban Residential.
b.   No display of goods, products, services, or other advertising shall be visible from outside of the dwelling, except that home occupations shall be allowed one attached sign which shall not exceed one square foot per face, with no more than two faces per sign, and such sign shall not be illuminated.
c.   Home occupations shall be operated by a resident of the dwelling. However, a maximum of one full-time equivalent non-resident of the dwelling may be employed as part of the home occupation.
d.   On-premises retail sales shall not be a component of the home occupation.
e.   A maximum of 25 percent of the gross floor area of the dwelling unit may be used for the home occupation. If the home occupation is housed in an accessory structure, the square footage of the accessory structure shall not exceed 25 percent of the square footage of the principal structure (home). Provided, however, that artist's studios and workshops that are separate structures shall adhere to the following size standards:
· Lot size less than 1 acre—structure maximum footprint 770 square feet
· Lot size 1 to 3 acres—structure maximum footprint 1,200 square feet
· Lot size more than 3 acres—no limit on structure size.
· Maximum height—20 feet.
f.   Only one vehicle principally used in connection with the home occupation shall be parked or stored on premises; provided, however, that the vehicle shall be parked in an enclosed garage.
g.   No equipment or process shall be used in connection with the home occupation that creates noise, vibrations, glare, fumes, odors, or electrical interference off-premises.
h.   In addition to required parking as stipulated in section 7-11-2, one additional off-street parking space shall be provided for use in conjunction with the home occupation.
i.   The home occupation shall not materially increase the traffic that is found in its vicinity when the use is not in operation. Pursuant to this, a maximum of six individuals per day may visit the home occupation.
j.   Artist's studios and workshops developed as home occupations and located in an accessory structure shall meet the following setbacks:
· Front—setback for residential structures in the zoning district.
· Side and rear setback.
· Structure footprint less than 770 square feet—12-foot setback.
· Structure footprint 770 square feet to 1,200 square feet—20-foot setback.
· Structure footprint more than 1,200 square feet—25-foot setback.
(39)   Industrial equipment sales.
a.   Use districts: Light Industrial.
b.   Sales must be inside only.
(40)   Industrial uses, light.
a.   Use districts: Community Business I, Community Business II and Regional Business.
b.   All activities associated with the use must be conducted wholly within an enclosed building.
c.   The use must be operated in a manner that prevents external effects of the activity such as but not limited to smoke, soot, dirt, vibration and odor from being detectable at any property line.
(41)   Reserved.
(42)   Lodging facilities.
a.   Use districts: Urban Village District.
1.   Courtyard space that may include a valet or drop-off function shall be required adjacent to access street.
2.   No HVAC units are to be visible from streets or adjacent uses.
b.   Use districts: Neighborhood Corridor.
1.   Facility may contain no more than 20 guest rooms.
(43)   Microbrewery.
a.   Use districts: Office, Office II, Office/Business, Central Business, Institutional, Resort.
1.   No drive through facilities permitted.
2.   No outdoor speaker systems (except for the Central Business District) shall be permitted.
3.   Maximum of 4,000 square feet in Office and Office II.
4.   Must have an off-street or alley loading dock.
(44)   Mobile food vending.
a.   Use Districts: Office, Office II, Office Business, Community Business I, Community Business II, Institutional, Highway Business, Regional Business, Central Business, River, Commercial Industrial, Light Industrial, Industrial, Urban Village, Neighborhood Corridor, Urban Place Form.
b.   Permitting: Permitting to establish mobile food vending as a permanent use will incorporate the following permits:
1.   Permitting the mobile food site: Mobile food vending will only be allowed on parcels with an approved development permit and the actual number of vendors permitted will be dependent on site conditions and the ability to comply with spacing requirements outlined in subsection c. below.
2.   Permitting the mobile food vendor: A mobile food vendor is required to obtain a permit for each separately approved mobile food site where vending will occur, according to the following regulations:
a.   A mobile food vendor is permitted to vend at more than a single site but each location must be approved by individual permit.
b.   The mobile food vendor permits will be renewed annually along with requirements for the Buncombe County Health Department.
c.   The number of permits issued for individual mobile kitchens will be limited to two in the Biltmore Village Historic District. In Biltmore Village and the downtown national register district (corresponding to the adopted map 'Traditional Downtown Core' located in 7-8-18 of the UDO) an individual person or other entity may secure no more than one permit for a single mobile kitchen, but they may operate from multiple locations within these areas subject to the ability to meet other permitting requirements. Because the number of permits is limited in Biltmore Village, a vendor who secures a mobile food vending permit and fails to operate within 30 days of issuance of the permit shall have their permit revoked.
d.   Mobile food vendor permits will run with the calendar year and existing vendors will have the option to renew.
e.   A copy of the valid, approved permit and health inspection grade card 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.
f.   Copies of other required permits will be submitted with the mobile food vendor permit application.
g.   Operating without a valid permit will be considered a criminal Class III misdemeanor and enforceable as such. Violations of the approved permit by the mobile food vendor shall be considered a violation of this chapter and subject to the enforcement and penalty provisions of article XVIII of this chapter.
c.   Site improvements: The permit to establish a mobile food site will require approval of a site plan illustrating the proposed placement of the mobile food vendor(s) and the following items:
1.   Access into the site and parking for vendor patrons at the rate of one parking space per mobile food vendor (applicable only if off-street parking is required in the zoning district).
2.   Landscaping—The site will be improved to meet the standard for street trees. In addition the affected area of the site will provide a minimum eight-foot-wide property line buffer when directly adjacent to residentially zoned and used parcels. This buffer should be planted to include a mix of evergreen and deciduous trees and shrubs to result in a vegetative screen that is 75 percent opaque year-round. As an alternative, the buffer may be reduced by 50 percent with the installation of an opaque fence. Existing buildings that screen the impacts of the mobile food vendor(s) will be considered a substitute for the property line buffer or portions thereof.
3.   Sidewalks: Sidewalks will be required along the frontage lines of the parcel if the road is designated on the city's needed linkages sidewalk list.
4.   Site maneuvering: Each mobile food vendor will need sufficient space for maneuvering onto the lot, for safe access by pedestrians, and for emergency response.
5.   Setbacks: Setbacks for individual mobile food vendors will be ten feet from side and rear property lines and other parked vehicles (if any). There is not a required setback from the frontage line except that no portion of the mobile kitchen will be permitted to encroach into the right-of-way.
6.   Other site features: Permitting for the mobile food site will take into consideration the ability for the primary site user to maintain compliance with minimum parking standards (if there is one) referencing the specific zoning district standards as described in the UDO.
7.   Permanent electric power infrastructure is the preferred method for supplying power at the mobile food site. If this is pursued, then the applicable permits must be obtained.
8.   Proposed dining areas and related furniture if any (approved subject to evaluation for compliance with the NC State Building Code).
d.   Other requirements for mobile food vendors:
1.   No mobile food vendors will be permitted to vend in a public street, sidewalk or right-of- way.
2.   All mobile food vendors are required to maintain permits issued by the Buncombe County Health Department and the City of Asheville will defer to Buncombe County for health and food safety regulations.
3.   All mobile food vendors shall leave the mobile food site when they are not in operation.
4.   Aside from festivals or special events that are administered under separate permits, the mobile food vendor will be required to maintain a list of times and locations (if more than one) for operating the mobile kitchen. Changes to scheduled times must be updated in a manner mutually agreeable to the City of Asheville.
5.   Mobile food vendors will be limited to the sale of food and non-alcoholic drinks. The sale of other merchandise or services will not be permitted.
6.   Mobile food vendors are encouraged to use recyclable and/or compostable containers, cups and utensils.
7.   Hours of operation:
(a)   Mobile food vendors located in the downtown Central Business District may operate from 6:00 a.m. to 2:00 a.m.
(b)   In areas outside of the downtown Central Business District mobile food vendors may operate from 6:00 a.m. to 3:00 a.m. unless located within 200 feet of a residential use. When located within 200 feet of a residential use mobile food vendors are limited to the hours of 6:00 a.m. and 12:00 a.m. (midnight).
8.   The mobile food vendor(s) will be required to remove trash and litter from the mobile food site each day and to maintain the cleanliness of the site during hours of operation. The vendor must provide a minimum of one receptacle for use by patrons.
9.   The mobile food site will be subject to the outdoor lighting and noise ordinance standards established by the City of Asheville.
10.   (a)   In the downtown Central Business District and the Biltmore Village Historic District, mobile food vendors will be required to use electric power from the site to supply outside power needs to the truck.
(b)   In other areas of the city outside of the downtown Central Business District and the Biltmore Village Historic District, electric power from the site is also the preferred outside power source but generator(s) may be used if they operate at 65 decibels or less and if they are properly attached per manufacturer's standards to the mobile food vehicle.
11.   Vendors may not bring temporary facilities such as tents, shade cloths, or temporary restrooms to the mobile food site. In any event a single chair may be brought by the vendor for use by staff.
12.   Mobile food vendors shall maintain 20 feet between other mobile food vendors based on fire code separation.
13.   Vendors will be subject to random inspections to ensure compliance with all applicable requirements.
14.   Signage: Mobile food vendors may have signage on their mobile kitchen, not to exceed 45 square feet total per vehicle including letters and/or logo advertising the business. No roof signs will be allowed.
(45)   Movie theaters.
a.   Use districts: Community Business I, Community Business II, Institutional, Neighborhood Corridor.
b.   Shall have a maximum seating capacity of 250 persons.
(46)   Motor vehicle and boat service and repair.
a.   Use districts: River, Industrial, Central Business, Urban Village, Community Business I, Community Business II, Neighborhood Corridor.
b.   Use must be conducted entirely within an enclosed building in all listed districts.
c.   New uses and expansions if located in the regulated flood hazard area must comply with the City of Asheville Environmental Protection Standards in article 12.
d.   No storage of abandoned or inoperable vehicles.
e.   If located adjacent to a residential use, must provide a screened buffer meeting Type A standards.
(47)   Motor vehicle service facility (gasoline sales, car washes, and outdoor storage permitted separately).
a.   Use districts: Urban Village.
1.   No automobile work areas are to be located in front of building.
2.   All auto work areas shall be screened from adjacent uses.
3.   Gas sales permitted separately with standards.
4.   On corner lots main building shall be built to the corner.
b.   Use districts: Neighborhood Corridor.
1.   Height standards: one story structure allowed.
2.   Gas sales permitted separately with standards.
3.   Car wash facilities permitted separately with standards.
4.   Repair bays to be located behind principle structures.
5.   Vehicles must be stored covered or fenced off with opaque fencing and not visible from ROW areas.
(48)   Nightclubs.
a.   Use districts: Resort.
1.   Must be an accessory use located within the main building of the permitted use.
(49)   Office.
a.   Use districts: Light industrial, Industrial.
b.   Shall not constitute more than 50 percent of the total building square footage in a light industrial district and no more than 20 percent of the total building square footage in an industrial district unless they primarily serve employees on site.
(50)   Orphanages.
a.   Use districts: Urban Village District.
b.   Private fenced yard/garden play space required; minimum size required 500 square feet (minimum dimension 15 feet).
(51)   Outdoor storage.
a.   Use districts: River District, Industrial.
1.   New uses and expansions of this type, if located in the regulated flood hazard area must be elevated to meet FEMA regulations; except stone, gravel and mulch storage exempted.
b.   Use districts: Community Business II, Neighborhood Corridor, Light Industrial.
1.   Only allowed as accessory to other uses in these districts.
2.   If located adjacent to a residential use, must provide a screened buffer meeting Type A standards.
c.   Use districts: additional standards regarding drive-through facilities for specific uses in other districts can be found elsewhere in this section of the ordinance).
(52)   Parking decks, garages, facilities.
a.   Use districts: Institutional, Urban Village.
b.   Shall be an accessory use to the primary uses allowed in the zoning district in which the parking deck is proposed.
c.   Within the Institutional District, a parking deck shall be located a minimum of 50 feet from any property located in a residential zoning district or used for residential purposes.
(53)   Pharmacies.
a.   Use districts: Head of Montford Transition Overlay District.
b.   Shall be located on the first floor with office and/or residential uses above.
c.   Shall provide an operable storefront entrance on Montford Avenue (or on Hill Street if the entrance is within 50 feet from the Montford Avenue side of the building).
d.   Individual tenants or businesses shall not exceed a total floor area of 5,000 square feet.
(54)   Pharmacies.
a.   Use district: Office.
b.   Items sold shall be limited to prescription and non-prescription drugs and related medical and health supplies.
c.   Shall not operate between the hours of 9:00 p.m. and 7:00 a.m.
(55)   Places of worship.
a.   Use district: All residential except Urban Residential.
b.   For the purposes of these development standards, places of worship shall be placed in the following categories based upon the number of seats in the sanctuary(ies):
1.   Small place of worship—Not more than 300 seats in the sanctuary(ies).
2.   Medium place of worship—301 to 800 seats in the sanctuary(ies).
3.   Large place of worship—More than 800 seats in the sanctuary(ies).
c.   Minimum lot size: The minimum lot size for places of worship shall be as follows:
1.   Small place of worship—Minimum lot size for the zoning district in which the place of worship is located.
2.   Medium place of worship—Two acres.
3.   Large place of worship—Three acres.
d.   Lot location: Places of worship shall be located as follows:
1.   Small places of worship may be located on any street.
2.   Medium places of worship shall be located on property which abuts a major or minor thoroughfare, as identified in the City of Asheville's Thoroughfare Plan, or on a residential collector street provided that the property (if located on a residential collector street) is located within:
· 500 feet of a major or minor thoroughfare if that portion of the collector street which serves as the connecting street passes through an area with residential uses; or
· 1,000 feet of a major or minor thoroughfare if that part of the collector street which serves as the connecting street passes through an area with only non-residential uses.
3.   Large places of worship shall be located on property which abuts a major thoroughfare, as identified in the City of Asheville's Thoroughfare Plan. Places of worship wishing to expand and which owned the property on which they wish to expand prior to February 8, 2000, or prior to the extension of the city's jurisdiction to the property shall not be required to meet the lot location standards.
e.   Setbacks: Setbacks for places of worship shall be as follows:
1.   Small and medium place of worship:
· Front: Same as residential uses in the zoning district.
· Side: 25 feet.
· Rear: 25 feet.
· No parking or other activities shall be located in any of the required setbacks. In addition, parking shall not be located in front of the principal structure(s).
2.   Large place of worship:
· Front: 50 feet, except that buildings, or portions of buildings, with a width not exceeding 50 feet, may be set back a distance equivalent to the front setback for residential uses in the zoning district in which the place of worship is located.
· Side: 25 feet.
· Rear: 25 feet.
· No parking or other activities shall be located in any of the required setbacks. In addition, parking shall not be located in front of the principal structure(s).
f.   Access points: Access onto place of worship property from local residential streets shall be limited to a total of two driveway access points onto all surrounding local residential streets.
g.   Parking. Off street parking shall be provided at the following ratio:
1.   Minimum: One space per eight seats in the sanctuary(ies).
2.   Maximum: One space per three seats in the sanctuary(ies). Parking exceeding the maximum number of spaces shall meet the requirements set forth in subsection 7-11-2(c)(2).
3.   On-street parking may be used to provide up to 50 percent of the required off street parking provided that:
· On-street parking is permitted on the street where the parking is proposed to be located;
· The on-street parking is located within 1,000 feet of the place of worship;
· The city traffic engineer has approved the on-street parking proposal; and
· Area residents have been notified of the proposed parking arrangement.
4.   The use of pervious materials for parking is encouraged.
h.   Landscaping. Landscaping shall be provided as required by section 7-11-3 of this chapter, except as required by the following standards:
1.   Parking and outdoor activity areas shall be buffered from adjacent residential uses with an "A" buffer as described in section 7-11-3 of the UDO. The buffer shall incorporate a wall, berm, and/or shrubs with a minimum height of three feet. Walls shall have a maximum height of six feet. If a landscaped berm is used, the berm shall be completely covered with landscaping within 24 months of the issuance of the certificate of compliance. If shrubs are used, they must have a minimum height of 30 inches at the time of planting. The purpose of the landscape buffer is to visually separate the parking and outdoor activity area(s) from adjacent residential uses. Where grade changes or other features of the site make it difficult for a standard buffer to visually separate the parking and outdoor activity area(s) from adjacent residential uses, the buffer shall be developed and/or located as required to create an effective visual separation.
2.   Parking and outdoor activity areas shall be buffered from the street with a planting strip with a minimum width of ten feet which incorporates one large deciduous tree for each 30 feet of street frontage or one small deciduous tree for each 20 feet of street frontage. Buffers around parking areas shall incorporate a wall, berm, and/or shrubs with a minimum height of three feet. Walls and/or fences serving as buffers around parking areas shall have a maximum height of six feet.
i.   Impervious surface standards. Impervious surfaces shall not exceed:
1.   Small and medium place of worship—60 percent impervious.
2.   Large place of worship—70 percent impervious.
j.   Lighting. Lighting shall comply with the following standards:
1.   The height of lighting fixtures for exterior illumination shall not exceed 16 feet in parking and vehicular access areas and 12 feet in pedestrian areas. Lights located on buildings for the purpose of illuminating architectural details or signs shall be exempt from the height limitation provided that the light(s) is (are) shielded and directed away from residential areas.
2.   All exterior light fixtures shall be located at least 20 feet from the property line of residentially used properties.
3.   Light fixtures shall be designed such that the light beam is shielded and/or directed away from residential areas.
4.   To the extent possible, lighting within parking areas shall be provided by bollard type lights instead of taller area illumination lights.
5.   Lights in parking areas, vehicular access areas, and pedestrian activity areas not required for security shall be turned off when the area(s) is (are) not in use.
k.   Height of buildings shall not exceed 40 feet. Steeples, spires, bell towers, minarets, and similar architectural features shall not be subject to the height limitation.
l.   Offices associated with the activities or business of the place of worship shall occupy not more than 25 percent of the total floor area of the buildings on the lot.
m.   No commercial activities (selling of items to the general public on an on-going basis) shall be permitted.
n.   No warehouse structures shall be permitted.
o.   No facilities for vehicle maintenance shall be permitted.
p.   No grading shall be permitted within ten feet of side and rear property lines, other than for utilities, landscaping, and access.
q.   No grading shall occur until site development plans for the place of worship have been approved by the City of Asheville.
r.   Outdoor speaker systems are prohibited.
s.   Factory fabricated transportable buildings designed to serve as expansion space for existing places of worship may be utilized subject to requirements found in the temporary use section (article XIV) of this chapter.
(56)   Places of worship.
a.   Use district: Neighborhood Corridor District, Urban Residential District.
b.   Main building may be set back up to a maximum of 25 feet.
(57)   Public utilities and related facilities.
a.   Use districts: All residential including Urban Residential.
b.   Permitted facilities shall be limited to switching boxes and transformer stations and buildings.
c.   No employees shall be based at the facility.
d.   The facility shall be screened from adjacent properties and streets with a vegetative screen which, at a minimum, meets the standards for "A" buffer as set forth in section 7-11-3 of this chapter.
(58)   Recreational uses, restricted to membership, non-profit.
a.   Use districts: All residential including Urban Residential.
b.   Use limitations: golf courses, tennis courts, swimming pools, playgrounds, clubhouses with indoor recreational facilities.
c.   Retail sales may occur as an accessory use occupying a maximum of 25 percent of the gross floor area of the clubhouse or other recreational building.
d.   The use shall be operated on a membership basis and payments, if any, for the use of the recreational facilities are made on an installment basis rather than on a per use or daily fee basis.
(59)   Recycling operation.
a.   Use districts: River District, Commercial Industrial, Industrial, Light Industrial.
b.   New uses and expansions of this type must operate in an enclosed building(s) and comply with the City of Asheville Environmental Protection Standards found in article 12.
c.   The temporary loading of materials into trucks for transport or distribution may occur in outdoor areas provided materials are not stored for a period of greater than 24 hours.
(60)   Recycling collection center.
a.   Use districts: River.
1.   New uses and expansions of this type if located in the regulated flood hazard area, must operate in an enclosed building(s) and comply with the City of Asheville Environmental Protection standards found in article 12.
b.   Use districts: Community Business I, Community Business II, Resort, Highway Business, Regional Business, Commercial Industrial, Urban Village and Neighborhood Corridor, Institutional.
1.   If located adjacent to a residential use or zoning, a Type A landscape buffer as set forth in section 7-11-3 of this chapter must be provided.
2.   Setbacks shall be as follows:
· Front: 25 feet.
· Side: 10 feet.
· Rear: 20 feet.
(61)   Retail sales.
a.   Use districts: Institutional.
1.   Maximum gross floor area per retail use: 5,000 square feet.
2.   Maximum gross retail use floor area per building: 15,000 square feet.
3.   Permitted retail uses: Same as that of the Community Business I District.
b.   Use districts: Resort.
1.   Shall be an accessory to a permitted use.
c.   Use districts: Light industrial, Industrial.
1.   Fruit and vegetable markets permitted by right, all other retail uses are limited to no more than 20 percent of the total building square footage in the light industrial districts and no more than ten percent of the total building square footage in the industrial districts.
d.   Use districts: Head of Montford Transition Overlay District.
1.   Shall be located on the first floor with office and/or residential uses above.
2.   Shall provide an operable storefront entrance on Montford Avenue (or on Hill Street if the entrance is within 50 feet from the Montford Avenue side of the building).
3.   Individual tenants or businesses shall not exceed a total floor area of 5,000 square feet.
4.   May not include gasoline sales.
e.   Use districts: Urban Village, Neighborhood Business.
1.   No gasoline sales allowed at convenience stores.
2.   No drive through facilities allowed.
(62)   Schools.
a.   Use districts: Urban Village, Urban Residential.
b.   Play yard playfield space shall not count towards open space requirements unless field is open for public play.
c.   Playgrounds shall be fenced where they are adjacent to roadways.
d.   Driveway pick up and drop off is allowed in the setback area.
e.   In the Urban Residential District, gross square footage may occupy up to 100 percent of the ground floor square footage but is not to exceed 10,000 square feet total.
(63)   Schools.
a.   Use districts: All residential except Urban Residential.
b.   Minimum lot size:
· Kindergarten (only): One acre.
· K-12: Two acres.
c.   Minimum setback standards:
· Front: Twice that for permitted uses in the respective zoning district.
· Side: 25 feet.
· Rear: 25 feet.
d.   Parking and active recreation areas shall not be located within the required building setbacks.
e.   Primary access shall be provided from thoroughfare or collector streets. Local residential streets shall not be used for primary access.
f.   Factory fabricated transportable buildings designed to serve as expansions space for existing schools may be utilized subject to requirements found in the temporary use section (article XIV) of this chapter.
(64)   Shelters.
a.   Use districts: Urban Village District.
b.   Distinct times of operable ingress and egress hours shall be agreed upon at time of the permit approval.
c.   Courtyard space is required but may be placed at side or rear of the property.
(64.1)   Short-term vacation rental.
a.   Use districts: All districts as noted in sections 7-8-1(d) Table of Permitted Uses and sections 7-8-28(3.2) and 7-8-29(3.2) Permitted Use Table.
b.   No displays of goods, products, services, or other advertising shall be visible from outside of the dwelling.
c.   No activities other than lodging shall be provided.
d.   Off-street parking shall be required per Sec. 7-11-2.
e.   No signage shall be allowed for short-term vacation rentals.
f.   The length of stay of guests shall be less than one month.
g.   Exterior lighting shall be residential in nature and shall comply with the lighting requirements in the UDO.
h.   The short-term vacation rental owner or operator shall maintain liability insurance on the property, which covers the short-term vacation rental use and guests.
i.   The short-term vacation rental owner or operator must pay any applicable taxes, including occupancy and sales taxes, to the appropriate governmental entity.
j.   The short-term vacation rental shall comply with all current and applicable building codes.
k.   The short-term vacation rental must be reviewed annually and inspected for compliance with the annual zoning permit.
(65)   Small engine repair and service business.
a.   Use districts: Community Business I, Community Business II.
1.   Only items allowed to be sold as a permitted use within the district shall be repaired or serviced.
2.   No outdoor storage of items, parts, equipment, etc. shall be permitted.
b.   Use districts: Highway Business, Regional Business, Central Business.
1.   On-site operations shall be conducted within an enclosed building.
(66)   Stables.
a.   Use districts: Central Business, Resort.
b.   All horses, mules or other beasts of burden shall be stabled, washed, and fed within an enclosed building.
c.   An annual inspection shall be conducted by a licensed veterinarian (D.V.M.), experienced in the care and treatment of horses, for both the sanitary conditions of the stable facility and health of the animals. The veterinarian shall have experience in the care and treatment of horses. The results of this inspection shall be submitted to the City of Asheville animal control officers within 30 days of inspection.
d.   On-site waste collection receptacles shall be housed within the stable building and all waste shall be disposed of in a sanitary fashion no less frequently than one time per week.
e.   The drainage of all liquid by-products from the stable shall be discharged into a permitted sanitary sewer line and shall not be disposed of by way of storm sewers.
f.   No horse, mule, or other beast of burden shall be maintained except pursuant to the permit issued by the city manager or his designee in accordance with chapter 3 of the City of Asheville Code of Ordinances.
g.   See chapter 3 of the City of Asheville Code of Ordinances for additional restrictions.
h.   In the Resort District use allowed only when accessory to the primary use.
(67)   Stadiums and arenas.
a.   Use districts: Institutional.
b.   Shall be an accessory use to a permitted use within the district.
c.   Access shall be from internal streets serving the principal use.
d.   All public address and loud speaker systems shall be directed away from residential areas and shall operate only between the hours of 7:00 a.m. and 10:00 p.m.
e.   Shall be located a minimum of 100 feet from any property zoned or used for residential purposes.
(68)   Studios, galleries and workshops for artists, artisans, and craftspeople - high impact.
a.   Use districts: Central Business.
b.   Shall not be located on the first floor street level.
c.   Shall be entirely conducted within an enclosed building.
d.   A minimum of 25 percent of the gross floor area shall be used for retail sales, and in the Central Business district must maintain the showroom for retail or wholesale sales at the front entrance.
e.   Must demonstrate that the use controls smoke, noise, soot, dirt, vibration, odor, etc.
(69)   Sustainable development projects.
a.   Use districts: RM-6, RM-8, RM-16, Office, Office II, Office-Business, Community Business I, Community Business II, Institutional, Highway Business, Regional Business, River, Commercial Industrial.
b.   Purpose. This section is intended to meet key strategic goals by providing incentives for the construction of high quality, sustainably based development projects that are reasonably compatible with the natural and built environments of the city. It is not the intent of this section to provide an alternative for other, small-scale infill development processes, such as the process for allowing duplexes, triplexes and quadraplexes in single-family zoning districts.
c.   General. All sustainable development projects shall meet the following minimum standards. Additionally, all sustainable development projects shall meet the standards established elsewhere in the Unified Development Ordinance except as otherwise afforded through appendix 7-G and subsection f. below.
1.   A minimum of five residential units must be provided.
2.   All property owners in residential districts receiving density bonuses shall execute a good neighbor agreement. A sample of such an agreement can be provided by the planning and development department or may be submitted by the owner for review and approval by the planning director. This agreement shall be posted in clear view of all residents and shall be provided separately to each resident.
3.   All sustainable development projects offering affordable housing shall provide a declaration of deed restrictions ensuring that rents or sale prices shall remain affordable for a period of no less than 15 years, increasing by no more than four percent per annum, or the annual increase in the Consumer Price Index, whichever is lower, excepting rental housing constructed with other public funding that includes a separate long-term affordability requirements that is equal to or more rigorous.
4.   Sustainable development projects receiving density bonuses are not eligible for other use by right, subject to special requirements uses.
5.   All units shall be within one-eighth-mile of a high frequency transit corridor or other corridors as identified on the "Sustainable Development Project Eligibility Map" on file with the planning and development department.
6.   Seventy-five percent of the project area, including all grading activity, must be located within a one-eighth-mile of the designated applicability area identified on the sustainable development project eligibility map.
7.   All units shall be Energy Star Certified.
d.   Off-street parking. Off-street parking shall be provided per subsection 7-11-2(c) with the additional following requirements.
1.   All Off-street parking located in residential districts shall comply with the following:
a)   When located in a sidewalk priority area or along a major thoroughfare or connector street as described in the City of Asheville Pedestrian Plan, all parking shall be located to the side or rear of the principal structure(s) and shall not be located closer to the street than the leading edge of said structure(s).
b)   Parking in excess of two spaces located in front of the principal structure may be approved by the planning and development director provided the area will be screened to be 80 percent opaque year round from adjacent single-family zoning, and:
· The topography of the site makes it difficult to access the side or rear of the property; or
· The majority of the properties on both sides of the street on the block on which the proposed use is to be constructed have parking areas located in front of the principal structures.
c)   All off-street parking areas of five or more spaces shall be screened with vegetation from adjacent single-family zoned lots. The vegetative screening shall consist of the planting required for a Type A buffer or its equivalent as determined through the alternative landscape compliance process. Other designated buffers would not be required between structures or open lawn areas.
d)   Landscaping shall be provided as required per subsection 7-11-3(d)(4).
2.   Off-street parking requirements may be reduced or waived per subsection 7-11-2(c)(4).
e.   Architectural and design requirements.
1.   For all large multi-family and mixed use structure(s) containing more than four units, the following standards apply:
a)   The structure shall be oriented towards the primary access street in a manner similar to the residential structures on both sides of the street on the block on which it is to be constructed.
b)   The front yard depth for the proposed structure shall be not less than the average front yard depth for the residential structures on the same side of the street on the block on which the new construction is proposed. A modification of ten percent or two feet, whichever is greater, may be considered in cases of physical hardship or practical difficulty.
c)   For commercially zoned areas, buildings shall meet the definition of pedestrian oriented design as defined in article 2 of this chapter.
d)   On corner lots, buildings shall be located at the corner where the exposed corner-side resembles the front of the building. See subsection 7-8-23(f)(2) for building templates.
e)   Façades facing primary access streets (primary façades) should include well- defined entrances facing the street. Buildings placed at the corner may include a corner entrance.
f)   Windows shall be placed evenly across the primary façade and make up a minimum of 20 percent of the wall surface for an exclusively residential structure and, 20 percent of the wall surface above the ground story for a mixed use structure, to complement pedestrian activity.
g)   The first floor of all mixed use structures shall be designed in a way that a minimum of 50 percent of the length of the first floor primary façade incorporates pedestrian scale windows, doors and other openings to complement pedestrian activity.
h)   All storefront windows shall be transparent or lightly tinted and shall not appear false or applied.
i)   Sidewalk or greenways shall provide connections from the new construction to the existing community on all frontages where the subject property abuts a public right-of-way. In situations where a parcel does not directly abut a public right-of-way, a sidewalk or greenway connection shall be provided along private easements or rights-of-way. Projects with 50 units or more, shall provide a minimum of two pedestrian/bike access points.
j)   For projects with a frontage length greater than 400 feet, a network of internal streets and sidewalks shall be required unless otherwise approved by the planning director where exceptions may be considered in cases of practical difficulty and/or conflicting goals.
f.   Development incentives.
1.   Additional density may be applied to the base density allowed by right under the existing zoning per appendix 7-G. Review levels will be determined by base densities not including units added as a result of the application of this section. Regardless of the base density, any project between 50—69 units total shall be required a Level II review as set forth in subsection 7-5-9(b); projects with 70 or more units shall be required a Level III review as set forth in subsection 7-5-9(a).
2.   Minimum lot size, lot width, and setback requirements for single-family structures in a new single-family subdivision may be reduced by 30 percent when one or more of the following criteria is met:
· Dedicated community open space is provided at a minimum rate of 500 square feet per unit. Community open space areas must be maintained for the benefit of the entire community and must be accessible by all units in the community either directly or by a sidewalk or trail system.
· The subdivision is within 300 feet of a public park where a connection is provided by sidewalk or greenway.
3.   Off-street parking requirements may be reduced by 25 percent if:
· 60 percent or more of the units are affordable (as defined by the City of Asheville) and if the city's traffic engineer and planning director determine that adequate on-street parking is available within a 100-foot radius to off-set the balance of spaces needed, or
· 60 percent or more of the units are one-bedroom or efficiency apartments.
4.   Height maximums may be extended an additional 10 feet if 100 percent of the units are affordable or if Silver, or higher, LEED certification is achieved.
5.   Lot sizes, widths, and setbacks may be reduced by 30 percent if no density bonuses are being sought and the project meets Bronze (or higher) LEED certification or NC Healthy Built Homes certification.
(70)   Tailors/dressmaker shops.
a.   Use districts: Head of Montford Transition Overlay District.
b.   Shall be located on the first floor with office and/or residential uses above.
c.   Shall provide an operable storefront entrance on Montford Avenue (or on Hill Street if the entrance is within 50 feet from the Montford Avenue side of the building).
d.   Individual tenants or businesses shall not exceed a total floor area of 5,000 square feet.
(71)   Reserved.
(72)   Video rental stores.
a.   Use districts: Head of Montford Transition Overlay District.
b.   Shall be located on the first floor with office and/or residential uses above.
c.   Shall provide an operable storefront entrance on Montford Avenue (or on Hill Street if the entrance is within 50 feet from the Montford Avenue side of the building).
d.   Individual tenants or businesses shall not exceed a total floor area of 5,000 square feet.
(73)   Vocational and technical school.
a.   Use districts: Urban Village, Neighborhood Corridor.
1.   No truck or motor vehicle driving training school.
b.   Use districts: Light Industrial, Industrial.
1.   No living quarters may be provided.
(74)   Warehousing and storage.
a.   Use districts: Regional Business.
b.   Storage and warehousing shall be permitted as an accessory use only.
c.   The size of the area designated or used for outdoor storage shall not exceed the total gross floor area of the principal building.
(75)   Wireless telecommunication facilities, microcell. Any reference in this section to "wireless telecommunication facilities" shall be deemed to include the modifier, "microcell," unless the context clearly indicates otherwise.
a.   Use districts: All zoning districts.
b.   Microcellular wireless telecommunication facilities are permitted on buildings and other existing structures (other than off-premises signs) which do not require an increase in height to accommodate the facility. Utility poles may be extended in height in residential zoning districts to the lesser of 20 feet above the vegetative canopy in the vicinity of the site as determined by the city arborist, or 80 feet in height. Such extensions shall qualify as an existing structure for purposes of this section. Such height extensions of utility poles shall only be permitted if no other distribution pole within 1,320 feet of the proposed site has been extended in height above the average pole height on the same distribution line as documented by the utility owning such poles.
c.   All antennas associated with microcellular wireless telecommunication facilities mounted on a building or other existing structure (other than a utility pole) shall be flush-mounted against the side of the building or structure and camouflaged to match or complement the color and architectural treatment of the surface on which they are mounted.
d.   Antennas associated with a microcellular wireless telecommunication facility mounted on a utility pole must be mounted atop the pole or flush mounted against the sides of the pole, and shall be colored to match or complement the color of the utility pole and shall be mounted in as unobtrusive a manner as possible.
e.   Antennas associated with a microcellular wireless telecommunication facility may not be co- located on a tower or other support structure used by an amateur radio operator.
f.   Equipment enclosures associated with microcellular wireless telecommunication facilities mounted on a building or other existing structure (other than a utility pole) shall be mounted inside the building or structure, attached to an exterior surface, or placed underground or on a concrete pad on the ground outside the building or structure. If mounted on an exterior surface, the enclosures shall be colored or camouflaged to match or complement the color and architectural treatment of the surface on which they are mounted. If placed on a concrete pad on the ground, the enclosures shall be screened so as to make them unobtrusive.
g.   Equipment enclosures associated with a microcellular wireless telecommunication facility mounted on a utility pole, must be mounted on the utility pole; provided, however, if combiners are used to allow co-location by sharing of an antenna or antenna array and pole-mounting of equipment enclosures cannot be accommodated on the pole, the combiner and additional equipment enclosures may be placed underground or on a concrete pad on the ground. If placed on a concrete pad on the ground, such additional equipment enclosures shall be screened so as to make them unobtrusive.
h.   All cabling and wiring connecting antennas, equipment enclosures, and other components of a microcellular wireless telecommunication facility shall be colored or concealed in a manner as to render them unobtrusive.
i.   Microcellular wireless telecommunication facilities located in a local historic district or on a historic landmark shall require a certificate of appropriateness from the historic resources commission.
j.   Generators may not be used as a primary electrical power source. Backup generators shall only be operated during power outages or for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m.
k.   A copy of the applicant's FCC license must accompany its application. If the applicant is not an FCC licensee, the applicant must demonstrate that it has binding commitments from one or more FCC licensees to utilize the wireless telecommunication facility and must submit a copy of each such wireless service provider's FCC license. If FCC licenses have previously been filed with the city in conjunction with other wireless telecommunication facilities, the applicant may certify that such licenses remain in full force and effect.
l.   As part of its application each applicant for a microcellular wireless telecommunication facility shall be required to execute a standard maintenance/removal agreement binding the applicant and its successors and assigns to maintain properly the exterior appearance of and ultimately remove the facility upon abandonment or cessation of operations. Such agreement shall require the applicant to pay all costs for monitoring compliance with, and enforcement of, the agreement and to reimburse the city for all costs it incurs to perform any work required of the applicant by the agreement that the applicant fails to perform. A $1,000.00 cash bond, or other security acceptable to the city, shall be required in conjunction with the maintenance/removal agreement. The applicant and its successors and assigns shall be required to continue such bond or other security until such time as the facility has been removed and all other requirements of its maintenance/removal agreement have been satisfied. Private business users operating a single wireless telecommunication facility at their principal place of business and governmental users are exempt from the bond requirement.
m.   Abandoned or unused wireless telecommunication facilities shall be removed within 180 days of abandonment or cessation of operations. If not removed within that period, such facilities may be removed as provided in the permittee's maintenance/removal agreement and the costs of removal recovered from the permittee's bond or other security. Prior to removing a wireless telecommunication facility pursuant to this provision, the city shall give 30 days' written notice of its intention to do so to the permittee at its last known address.
n.   An annual wireless telecommunication facility permit shall be required for each wireless telecommunication facility located in the city. Before an annual permit shall be issued or renewed an applicant or permittee must certify that:
1.   It currently holds an FCC license to provide commercial wireless services and that such license is in good standing or, if the permittee is not an FCC licensee, that the license of each of its FCC tenants is in good standing.
2.   The wireless telecommunication facility continues to be operated by the permittee and that it has a continuing need for the facility to meet the requirements of its FCC license.
3.   That the facility continues to comply with all FCC and FAA rules and regulations.
4.   That the permittee currently has general liability insurance of at least $1,000,000.00 in force covering the wireless telecommunication facility as evidenced by a certificate of insurance attached to its renewal application.
5.   That it is in compliance with its maintenance/removal agreement and that any bond or other security given in conjunction therewith remains in full force and effect.
6.   That it has not constructed, maintained, modified or operated any wireless telecommunication facilities in the city without the city's approval or, if it has done so, that it has ceased operating and has removed all such facilities. Failure to obtain or renew an annual wireless telecommunication facility permit shall result in the wireless telecommunication facility being deemed abandoned and subject to removal, as well as subjecting the facility's owner to all other penalty and enforcement provisions of this Code. Prior to removing a wireless telecommunication facility pursuant to this provision, the city shall give 30 days' advance written notice to the permittee at its last known address of the pending expiration of the permittee's annual wireless telecommunication facility permit. Fees for annual wireless telecommunication facility permits shall be in accordance with the City of Asheville Fees and Charges Manual.
(76)   Wireless telecommunication facilities. Any reference in this section to "wireless telecommunication facilities" shall be deemed to include the modifier, "concealed", unless the context clearly indicates otherwise.
a.   Use districts: All zoning districts except RS-2, RS-4, RS-8.
b.   Concealed wireless telecommunication facilities are permitted on buildings and alternative structures (other than off-premises signs and telecommunication towers).
c.   For purposes of this section, antennas mounted on an electric transmission tower shall qualify as a concealed wireless telecommunication facility provided antennas associated with such a facility do not extend more than ten feet above the top of the supporting structure nor more than two feet from the sides of the structure. Equipment enclosures associated with such a facility may be mounted on the structure or placed underground or on the ground. If placed on the ground, equipment enclosures shall be placed on a concrete pad and screened so as to make them unobtrusive.
d.   For purposes of this section, antennas mounted on an utility pole shall qualify as a concealed wireless telecommunication facility provided antennas associated with such a facility do not extend more than ten feet above the top of the supporting structure nor more than two feet from the sides of the structure, and equipment enclosures associated with the facility occupy less than 60 cubic feet. Equipment enclosures associated with such a facility may be mounted on the structure or placed underground or on the ground on a concrete pad. Utility poles may be extended in height in RM-6, RM-8 and RM-16 zoning districts to the lesser of 20 feet above the vegetative canopy in the vicinity of the site as determined by the city arborist, or 80 feet in height. Such extensions shall qualify as an existing structure for purposes of this section. Such height extensions of utility poles shall only be permitted if no other distribution pole within 1,320 feet of the proposed site has been extended in height above the average pole height on the same distribution line as documented by the utility owning such poles.
e.   Panel antennas associated with concealed wireless telecommunication facilities may not exceed eight feet in height. If flush-mounted on the side of a building or alternative structure, antennas shall be camouflaged to match or complement the color and architectural treatment of the surface. Antennas extending above the roof line of a building shall be concealed behind an RF- transparent parapet wall or façade which is camouflaged to match or complement the color and architectural treatment of the building or structure. Such parapet walls or façades shall not extend more than ten feet above the roof line. Where a parapet wall is at least eight feet in height, omnidirectional (whip-type) antennas may extend above the parapet wall by a distance equal to the height of the parapet wall.
f.   Antennas associated with a concealed wireless telecommunication facility may not be co-located on a tower or other support structure used by an amateur radio operator.
g.   Electronic equipment associated with concealed wireless telecommunication facilities may be placed inside a building or, if placed on a rooftop, all equipment enclosures shall be mounted behind a parapet wall or façade which is camouflaged to match or complement the color and architectural treatment of the building. If placed on the ground on a concrete pad, except as provided in subsection d. above, equipment enclosures shall be screened so as to make them unobtrusive.
h.   All cabling and wiring connecting antennas, equipment enclosures, and other components of concealed wireless telecommunication facilities shall be colored or concealed in a manner as to render them unobtrusive.
i.   Generators may not be used as a primary electrical power source. Backup generators shall only be operated during power outages or for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m.
j.   Concealed wireless telecommunication facilities located in a local historic district or on a historic landmark shall require a certificate of appropriateness from the historic resources commission.
k.   Applicants for concealed wireless telecommunication facilities shall first be encouraged to consider properties owned by the city or Buncombe County, or instrumentalities thereof, before considering private properties. Public properties shall be subject to the same restrictions and standards of appropriateness as private properties. All such public agencies or instrumentalities shall retain discretion as to whether to make a specific property available for wireless telecommunication facilities and to make determinations with respect to site capacity, aesthetics, or suitability of such facilities. If an applicant proposes to use public property for the location of a concealed wireless facility, the completed application shall receive the same expedited service as for qualified collocated facilities.
l.   A copy of the applicant's FCC license must accompany its application. If the applicant is not an FCC licensee, the applicant must demonstrate that it has binding commitments from one or more FCC licensees to utilize the wireless telecommunication facility and must submit a copy of each such wireless service provider's FCC license. If FCC licenses have previously been filed with the city in conjunction with other wireless telecommunication facilities, the applicant may certify that such licenses remain in full force and effect.
m.   As part of its application, each applicant for a concealed wireless telecommunication facility shall be required to execute a standard maintenance/removal agreement binding the applicant and its successors and assigns to maintain properly the exterior appearance of and ultimately remove the facility within 180 days of the abandonment or cessation of operations of the facility. Such agreement shall require the applicant to pay all costs for monitoring compliance with, and enforcement of, the agreement and to reimburse the City of Asheville for all costs it incurs to perform any work required of the applicant by the agreement that it fails to perform. A $5,000.00 cash bond, or other security acceptable to the City of Asheville, shall be required in conjunction with the maintenance/removal agreement. The applicant and its successors and assigns shall be required to continue such bond or other security until such time as the facility has been removed and all other requirements of the maintenance/removal agreement have been satisfied. Private business users operating a single wireless telecommunication facility at their principal place of business and governmental users are exempt from the bond requirement.
n.   Abandoned or unused wireless telecommunication facilities shall be removed within 180 days of abandonment or cessation of operations. If not removed within that period, such facilities may be removed as provided in the permittee's maintenance/removal agreement and the costs of removal recovered from the permittee's bond or other security. Prior to removing a wireless telecommunication facility pursuant to this provision, the city shall give 30 days' written notice of its intent to do so to the permittee at its last known address.
o.   An annual wireless telecommunication facility permit shall be required for each wireless telecommunication facility located in the city. Before an annual permit shall be issued or renewed an applicant or permittee must certify that:
1.   It currently holds an FCC license to provide commercial wireless services and that such license is in good standing or, if the permittee is not an FCC licensee, that the license of each of its FCC tenants is in good standing.
2.   The wireless telecommunication facility continues to be operated by the permittee and that it has a continuing need for the facility to meet the requirements of its FCC license.
3.   That the facility continues to comply with all FCC and FAA rules and regulations.
4.   That the permittee currently has general liability insurance of at least $1,000,000.00 in force covering the wireless telecommunication facility as evidenced by a certificate of insurance attached to its renewal application.
5.   That it is in compliance with its maintenance/removal agreement and that any bond or other security given in conjunction therewith remains in full force and effect.
6.   That it has not constructed, maintained, modified or operated any wireless telecommunication facilities in the city without the city approval or, if it has done so, that it has ceased operating and has removed all such facilities. Failure to obtain or renew an annual wireless telecommunication facility permit shall result in the wireless telecommunication facility being deemed abandoned and subject to removal, as well as subjecting the facility's owner to all other penalty and enforcement provisions of this Code. Prior to removing a wireless telecommunication facility pursuant to this provision, the city shall give 30 days' advance written notice to the permittee at its last known address of the pending expirations of the permittee's annual wireless telecommunication facility permits. Fees for annual wireless telecommunication facility permits shall be in accordance with the City of Asheville Fees and Charges Manual.
(77)   Wireless telecommunication facility, collocation. Any reference in this section to "wireless telecommunication facility" shall be deemed to include the modifier, "collocated," unless the context clearly indicates otherwise.
a.   Use districts: All zoning districts.
b.   Application fees for a co-located wireless telecommunication facility shall be in accordance with the City of Asheville's Fees and Charges Manual.
c.   Wireless telecommunication facilities may be co-located on any structure which hosts one or more existing permitted and approved wireless telecommunication facilities provided, however, that the proposed co-located wireless facility must meet equipment enclosure and antenna size restrictions for the type of facility and zoning district in which the existing facility was approved (i.e., microcell and concealed wireless telecommunication facilities). The structure on which the wireless telecommunication facilities are to be located may be improved, rehabilitated, or altered structurally to accommodate the proposed co-location, provided that the height of a nonconforming structure is not increased and provided further that the proposed co-location complies with all other requirements of this chapter and other applicable laws and regulations.
c.1.   Expedited review. Any application for collocation of a wireless telecommunication facility that meets all of the following requirements:
1.   The collocation does not increase the overall height and width of the tower or wireless support structure to which the wireless facilities are to be attached.
2.   The collocation does not increase the ground space area approved in the site plan for equipment enclosures and ancillary facilities.
3.   The wireless facilities in the proposed collocation comply with applicable regulations, restrictions, or conditions, if any, applied to the initial wireless facilities placed on the tower or other wireless support structure.
4.   The additional wireless facilities comply with all federal, state and local safety requirements.
5.   The collocation does not exceed the applicable weight limits for the wireless support structure as determined by the planning director or designee, shall be deemed complete unless within 45 days from the date of submission (or within some other mutually agreed upon time), the applicant is notified of deficiencies or incompleteness of the application. When the application is deemed complete, whether by curing any deficiencies or by operation of the preceding sentence, the city shall issue a written determination approving or denying the application within 45 days.
d.   Where co-location is proposed by use of a combiner (allowing two or more commercial wireless service providers to share a common antenna or antenna array), an equipment enclosure which houses only the combiner and amplifiers may exceed the maximum permitted dimensions for other types of equipment enclosures up to a maximum of 70 cubic feet.
e.   Antennas associated with a co-located wireless telecommunication facility may not be co-located on a tower or other support structure used by an amateur radio operator.
f.   Co-located wireless telecommunication facilities shall be designed to meet the following standards:
1.   Use of dual-band/multi-band antennas (to allow sharing of antennas or antenna arrays by wireless providers using different frequency bands) or by using combiners (to allow antenna sharing by users of the same frequency band) is encouraged in order to minimize the height of support structures and the visual impact of multiple co-located antennas or antenna arrays.
2.   Antennas associated with a co-located wireless telecommunication facility shall be mounted so as to present the smallest possible silhouette, profile, or cross-section. Preferred antenna mounting scenarios are, in order of descending preference:
a.   Compact dual-polarized antennas in a cylindrical unicell arrangement extending less than two feet from the structure, and mounted atop the tower;
b.   Panel antennas flush-mounted against the tower; and
c.   Antennas mounted at the end of straight or curved davit arms or brackets extending from the sides of the tower.
3.   No co-located wireless telecommunication facility located on a telecommunication tower shall have constructed thereon, or attached thereto in any way, any platform, catwalk, crow's nest, triangular framework, or like structures or equipment, except during periods of construction or repair. Curved or straight davit arms or brackets used for antenna mounting shall be connected to the tower at the base of the arms or brackets only and such arms or brackets (and any antennas or hardware mounted thereon) shall not be physically interconnected with any similar arm or bracket.
4.   All equipment enclosures and other improvements accessory to a co-located wireless telecommunication facility shall be architecturally designed to blend in with the surrounding environment and shall be maintained in good appearance and repair. No equipment enclosure shall exceed 12 feet in height. Ground mounted equipment shall be screened from view with a row of evergreen trees and/or shrubs planted in a landscape strip with a minimum width of five feet, except where a design of nonvegetative screening better reflects and complements the architectural character of the surrounding neighborhood.
5.   Generators may not be used as a primary electrical power source. Backup generators shall only be operated during power outages or for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m.
6.   Equipment enclosures and other improvements shall be enclosed within a security fence consisting of chain link fencing at least eight feet in height. The fence may be topped with barbed wire. The planning and development director may require as a condition of approval that the fencing be screened by appropriate landscaping or other means, or may waive or modify the fencing requirement if he/she determines that doing so will enhance the overall appearance of the facility without any compromise in safety or security.
7.   Signage at any ground-based portion of a co-located wireless telecommunication facility site shall conform to the following provisions:
a.   A sign listing the name of the wireless telecommunication service provider operating the site, the site name or number and an emergency telephone number shall be posted at or near the entrance to the site so as to be readily visible to persons outside the site's security fencing.
b.   Equipment hazard warning and informational signs are permitted.
c.   The posting of any other signs or advertising is prohibited at any wireless telecommunication facility or upon any telecommunication tower.
g.   A copy of the applicant's FCC license must accompany its application. If the applicant is not an FCC licensee, the applicant must demonstrate that it has binding commitments from one or more FCC licensees to utilize the wireless telecommunication facility and must submit a copy of each such wireless service provider's FCC license. If FCC licenses have previously been filed with the city in conjunction with other wireless telecommunication facilities, the applicant may certify that such licenses remain in full force and effect.
h.   As part of its application, each applicant for a co-located wireless telecommunication facility shall be required to execute a standard maintenance/removal agreement binding the applicant and its successors and assigns to maintain properly the exterior appearance of and ultimately remove the co-located facility within 180 days of the abandonment or cessation of operations of the co- located facility. Such agreement shall require the applicant to pay all costs for monitoring compliance with, and enforcement of, the agreement and to reimburse the City of Asheville for all costs it incurs to perform any work required of the applicant by the agreement that it fails to perform. A $5,000.00 cash bond, or other security acceptable to the City of Asheville, shall be required in conjunction with the maintenance/removal agreement when a separate equipment shelter is constructed to house the equipment for the co-located wireless telecommunication facility. A $1,000.00 cash bond, or other security acceptable to the City of Asheville, shall be required in conjunction with the maintenance/removal agreement when the equipment for the co-located telecommunications facility is housed in an existing equipment shelter. The applicant and its successors and assigns shall be required to continue such bond or other security until such time as the co-located facility has been removed and all other requirements of the maintenance/removal agreement have been satisfied. Private business users operating a single wireless telecommunication facility at their principal place of business and governmental users are exempt from the bond requirement.
i.   Abandoned or unused wireless telecommunication facilities shall be removed within 180 days of abandonment or cessation of operations. If not removed within that period, such facilities may be removed as provided in the permittee's maintenance/removal agreement and the costs of removal recovered from the permittee's bond or other security. Prior to removing a wireless telecommunication facility pursuant to this provision, the city shall give 30 days' written notice of its intention to do so to the permittee at its last known address.
j.   Co-located wireless telecommunication facilities shall not be constructed unless the facility owner has general liability coverage of at least $1,000,000.00. The owner of a co-located wireless telecommunication facility shall provide the city with a certificate of insurance showing evidence of its coverage and the certificate shall contain a requirement that the insurance company notify the city 30 days prior to the cancellation, modification or failure to renew the insurance coverage required.
k.   An annual wireless telecommunication facility permit shall be required for every wireless telecommunication facility located in the city. Before a permit shall be issued or renewed an applicant or permittee must certify that:
1.   It currently holds an FCC license to provide commercial wireless services and that such license is in good standing or, if the permittee is not an FCC licensee, that the license of each of its FCC tenants is in good standing.
2.   The wireless telecommunication facility continues to be operated by the permittee and that it has a continuing need for the facility to meet the requirements of its FCC license.
3.   That the facility continues to comply with all FCC and FAA rules and regulations and all conditions of its conditional use permit.
4.   That the permittee currently has general liability insurance of at least $1,000,000.00 in force covering the wireless telecommunication facility as evidenced by a certificate of insurance attached to its renewal application.
5.   That it is in compliance with its maintenance/removal agreement and that any bond or other security given in conjunction therewith remains in full force and effect.
6.   That it has not constructed, maintained, modified or operated any wireless telecommunication facilities in the city without the city's approval or, if it has done so, that it has ceased operating and has removed all of such facilities. Failure to obtain or renew an annual wireless telecommunication facility permit shall result in the wireless telecommunication facility being deemed abandoned and subject to removal, as well as subjecting the facility's owner to all other penalty and enforcement provisions of this Code. Prior to removing a wireless telecommunication facility pursuant to this section, the city shall give 30 days' advance written notice to the permittee at its last known address of the pending expiration of the permittee's annual wireless telecommunication facility permit. Fees for annual wireless telecommunication facility permits shall be in accordance with the City of Asheville Fees and Charges Manual.
(78)   Electrified security fences.
a.   Use districts: Industrial and Light Industrial.
b.   Must meet the following standards:
(1)   The construction or use of an electrified security fence for other than animal control is allowed only as provided in this section in addition to the other requirements of section 7-10-3. No person may install, maintain, or operate an electric fence that does not meet the provisions of this section.
(2)   Electrified security fences are not allowed in:
a.   Public rights-of-way, utility rights-of-way, and public construction easements; or
b.   Within 1,000 feet of any residential use.
(3)   Electrified security fences shall comply with the following design and technical standards:
a.   Energizer standards - The energizer for electric fences must be driven by a storage battery system (which may include a solar powered system), not to exceed 12 volts direct current. No use of alternating current is allowed. The fence cabling and wires must not be connected to any overhead power line post and no individual section of an electrified fence may be connected to more than one energizer.
The electric charge produced by the fence upon contact must not exceed energizer characteristics described in paragraph 22.108 and shown in Figure 102 of International Electrotechnical Commission (IEC) Standard No. 60335-2-76, latest edition. The electrified fence system must regulate voltage, pulse, and amperage at all times.
A lightening diverter/arrestor must be installed between an electrified fence and its energizer; and any energizer used must be connected to a dedicated ground system. All energized ground system cables must be properly insulated, and any energizer ground system must not be connected to any building or plumbing system, and must be located at least ten feet from any buried pipes, wires, or other utilities of any kind.
b.   Fence system design - The electrified security fence must be designed so that it does not interfere with the transmission of power, telephone, data, radio, or television signals. The fence must not interfere with overhead utility lines or the maintenance of those lines. The electrified fence must be located to prevent nearby power lines from affecting the performance of the fence.
c.   Alarm system - Electrified fences must be equipped with a monitoring alarm system and must obtain a permit meeting the standards of the City of Asheville for alarms in chapter 13, article II, section 13-32 of the City Code that activates simultaneously with any contact to the electrified area of the fence.
d.   Fence height - In no case may an electrified security fence exceed ten feet in height. The electrified security fence must be completely surrounded on its perimeter by a nonelectrical fence or wall that also may not exceed ten feet in height.
Any portion of an electrified security fence or its surrounding perimeter nonelectric fence that exceeds six feet in height must be located beyond the front setback, and any portion that exceeds eight feet in height it must be located beyond the side or rear setback.
e.   Fence separation - The electrified security fence must be separated from the perimeter fence or wall by a distance of at least 12 inches and no more than 36 inches, except at gate openings. The area between the perimeter fence and the electrified fence must be kept unobstructed and clear of any vegetation or objects. The lowest portion of the perimeter fence or wall of an area enclosed by an electrified fence must be constructed so that no space exists between the ground and fence or wall.
f.   Electrified fence sign - At least one warning sign must be placed on each side the electrified security fence, no higher than four feet from the ground. There can be no less than 25 feet between signs. At least one sign must be placed on any vehicle or pedestrian access gate. The signs must be not larger than one square foot in size with lettering a minimum of one inch high. Signs must be black, or black and red, on a white or yellow background; and must state "Danger - Electric Fence Inside" or "Warning - Electric Fence Inside" in English and Spanish and contain the an illustration indicating the potential for electric shock.
g.   Disconnect box - An disconnect switch within a "key box" (Knox Box) must be installed at a location or locations acceptable to the fire department that will disconnect the electrified fence completely from all energizers in an emergency by police, fire, or other emergency personnel. The location of this switch must be clearly marked and easily observable and accessible from a primary path of entry. The type of key box, type of key, installation, and maintenance must be as determined and approved by the fire department.
h.   The owner of the electric fence and/or the owner of the property where the fence is located must provide the city with a hold harmless/indemnification agreement in a form satisfactory to the city attorney prior to the installation of the electrified fence.
i.   The city, or a third party designated by the city, may conduct inspections with notice and may enter the premises for such purpose with permission.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2428, §§ 21, 22, 11-11-97; Ord. No. 2462, §§ 1(c), 2, 4-14-98; Ord. No. 2490, § 1, 6-9-98; Ord. No. 2506, § 1, 8-11-98; Ord. No. 2527, § 1, 11-10-98; Ord. No. 2539, §§ 2—4, 1-26-99; Ord. No. 2535, §§ 6—9, 1-12-99; Ord. No. 2619, § 1(g), 9-28-99; Ord. No. 2622, §§ 1(b), (c), 10-12-99; Ord. No. 2634, §§ 1(a), (b), (g), (h), 11-9-99; Ord. No. 2650, § 1, 1-11-00; Ord. No. 2651, § 1, 1-11-00; Ord. No. 2663, § 1(h)—(j), 2-8-00; Ord. No. 2723, § 1, 6-27-00; Ord. No. 2851, §§ 1(b), 1(c), 9-25-01; Ord. No. 2903, § 1, 3-12-02; Ord. No. 2973, § 1(d), (e), 11-12-02; Ord. No. 3018, 4-22-2003; Ord. No. 3022, 5-13-2003; Ord. No. 3028, § 1(g) and (h), 5-27-2003; Ord. No. 3052, §§ 1(c) and (d), 8-26-03; Ord. No. 3083, §§ 1(b) and (c), 1-13-04; Ord. No. 3156, § 1, 8-24-04; Ord. No. 3157, § 1(a)(11), 8-24-04; Ord. No. 3187, § 1, 1-23-04; Ord. No. 3327, § 1(b), (c), 1-24-06; Ord. No. 3335, § 1(b), 2- 28-06; Ord. No. 3337, § 1(b), 2-28-06; Ord. No. 3362, §§ 1(c), (d), 5-23-06; Ord. No. 3394, §§ 1(b)—(g), 9-26-06; Ord. No. 3412, §§ 1(d), (e), 12-12-06; Ord. No. 3479, §§ 1(c)—(e), 5-22-07; Ord. No. 3480, § 1(f), 6-12-07; Ord. No. 3489, §§ 1(c), (d), 6-19-07; Ord. No. 3572, §§ 1(p), (q), 1-8-08; Ord. No. 3579, §§ 1(c), (d), 1-22-08; Ord. No. 3685, § 1e—j, 1-13-09; Ord. No. 3700, § 1n, 2-10-09; Ord. No. 3713, § 1, 3-10-09; Ord. No. 3743, §§ 1b—d, 6-9-09; Ord. No. 3744, § 1, 6-9-09; Ord. No. 3757, § 1h, 7-14-09; Ord. No. 3792, §§ 1d, e, 9-22-09; Ord. No. 3793, §§ 1a—c, 9-22-09; Ord. No. 3794, §§ 1e, f, 9-22-09; Ord. No. 3856, §§ 1d, e, 5-25-10; Ord. No. 3874, §§ 1q—cc, 6-8-10; Ord. No. 3897, §§ 1(c)—(e), 9-14-10; Ord. No. 3908, §§ 1c, d, 10-26-10; Ord. No. 3959, § 1q, 4-12-11; Ord. No. 4007, § 1d, 9-13-11; Ord. No. 4017, § 1, 9-13-11; Ord. No. 4151, §§ 1a, b, 1-8-13; Ord. No. 4152, §§ 1c—h, 1-8-13; Ord. No. 4207, §§ 1a—c, 6-25-13; Ord. No. 4233, §§ 1d—f, 9-24-13; Ord. No. 4280, § 1, 2-11-14; Ord. No. 4403, § 1d, 4-14-15; Ord. No. 4431, §§ 1f, g, 6-23-15; Ord. No. 4470, § 1c, 11-17-15; Ord. No. 4505, § 1, 5-17-16; Ord. No. 4579, § 1, 4-25-17; Ord. No. 4608, § 1(u—x), 8-22-17; Ord. No. 4637, § 1o—u, 1-9-18; Ord. No. 4404, § 1e, f, 9-28-21; Ord. No. 4917, § 1(c), 12-14-21)