Skip to code content (skip section selection)
Compare to:
Asheville Overview
Asheville, NC Code of Ordinances
Asheville, Standard Specifications and Details Manual
Loading...
Sec. 7-17-4. Maintenance, repair and replacement.
(a)   Public safety. In the interest of the public safety and health, structural alterations or renovations of lawfully nonconforming structures, conforming structures on lawfully nonconforming lots, or conforming structures devoted in whole or in part to a lawfully established nonconforming use, which are required by any public law, and so ordered by a public officer in authority, shall be permitted.
(b)   Ordinary repair and maintenance. Routine maintenance and incidental repair or replacement shall be permitted for lawfully nonconforming structures provided that the repair or maintenance shall neither create a new nonconformity, nor increase the degree of the existing nonconformity. The addition of facilities to improve handicapped accessibility or energy conservation may also be permitted provided all applicable development standards can be met.
(c)   Replacement/reconstruction. The reconstruction of a lawfully nonconforming structure and/or a structure that is occupied by a nonconforming use, which has a valid certificate of occupancy and which is destroyed or damaged by an event resulting from natural causes or an accident, without intent to damage or destroy on the part of the property owner, may be restored to its original dimensions and conditions, provided:
(1)   The reconstruction does not increase the degree, extent or limits of the nonconformity;
(2)   A valid building permit is issued within 12 months of the date of the event; and,
(3)   That the use occupying the structure after repair does not result in a change of use.
Nothing herein shall prevent a reconstruction that removes or reduces the nonconformity.
(Ord. No. 3478, § 1, 5-22-07; Ord. No. 4855, § 1(j), 2-23-21; Ord. No. 4404, § 1h, 9-28-21)
Sec. 7-17-5. Replacement of manufactured homes.
Dimensional or use nonconformities associated with manufactured homes shall be addressed in the following manner.
   (a)   Replacement of one manufactured home with another manufactured home in a lawfully established manufactured housing park. An existing manufactured home located in a lawfully established manufactured housing park in operation at the time of adoption of these regulations may be replaced with another manufactured home provided the number of manufactured home units within the park may not be increased beyond the number available before replacement and the replacement manufactured home must not create nonconforming yards, separation distances, or increase existing nonconforming yards, separation distances or setbacks. Manufactured home parks existing at the time of the adoption of this ordinance shall not be allowed to expand or increase in any manner unless such expansion meets fully the requirements set forth in this ordinance.
   (b)   Replacement of one manufactured home with another manufactured home in areas covered by a manufactured housing zoning overlay. Such replacement shall be permitted provided that new dimensional nonconformities are not created, the replacement manufactured home is no smaller than the existing manufactured home, the replacement home is placed in the same location as the original home, and such replacement occurs within 365 days of the last day of occupancy of the original manufactured home. In all other situations, replacement shall be prohibited.
   (c)   Replacement of one manufactured home with another manufactured home in areas other than a lawfully established manufactured housing park or area covered by a manufactured housing zoning overlay. Such replacement shall be permitted provided that new dimensional nonconformities are not created, the replacement manufactured home is no smaller than the existing manufactured home, the replacement home is placed in the same location as the original home, and such replacement occurs within 180 days of the last day of occupancy of the original manufactured home. In all other situations, replacement shall be prohibited.
(Ord. No. 3478, § 1, 5-22-07; Ord. No. 4978, § 1, 10-25-22)
ARTICLE XVIII. ENFORCEMENT
Loading...