Asheville City Zoning Code
ARTICLE X
GENERAL DEVELOPMENT AND PERFORMANCE STANDARDS
Sec. 7-10-1. Number of principal buildings per lot.
(a) General. There shall be no limit on the number of principal buildings on an individual lot, except as indicated in (b) below, and, provided that all other requirements set forth in this chapter or other federal, state, or local laws are met.
(b) Single-family dwellings. There shall be no more than one single-family dwelling on an individual lot in a single-family residential zoning district, unless otherwise provided in this chapter. This requirement does not affect the use of accessory dwelling units in conjunction with the standards set forth in this chapter.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 3328, § 1(k), 1-24-06; Ord. No. 4431, § 1d, 6-23-15; Ord. No. 4608, § 1(l), 8- 22-17)
Sec. 7-10-2. Required setbacks; allowable encroachments into required setbacks.
(a) General. A building, structure, or lot shall not be developed, used, or occupied unless it meets the minimum setback requirements set forth in article VIII and article X of this chapter for the use or overlay zoning district in which it is located, except as otherwise established in this chapter for particular uses or for encroachments as set forth in (f) below. See also section 7-10-4, Requirements for Lots Along Thoroughfares.
(b) Method of calculation.
(1) Minimum setback. Minimum setback is the space defined by measuring perpendicularly from and along the entire boundary of the lot (property line) to the building line. Front setbacks shall be measured from the street right-of-way line, except, on streets greater than 45 feet in travel lane width, the setback shall be measured from the edge of the travel lane. The accompanying corner lot, street side setback shall also be measured from the edge of the travel lane. In no case shall the minimum setback be closer to the street than the right-of-way line. A setback may be the front, rear, or side setback. For illustrations of the location of front, rear, or side setbacks, see Figure 10-1. Except as set forth for through lots in subsection 7-10-2(d) below, there shall be one front setback area which is determined at the time of site plan approval or zoning permit issuance.
fig. 10-1
(2) Overlap of setbacks. When more than one setback depth applies, the greatest setback dimension requirement must be met.
(c) Corner lots - setbacks. Unless otherwise specified in the zoning district or overlay zoning district regulations, the second street side of a corner lot shall have a setback requirement of 50 percent of the front setback requirement in that district. Alleys are not classified as secondary side streets and would only require typical side setbacks.
fig. 10-2
(d) Through lots - setbacks. Unless otherwise specified in the zoning district or overlay zoning district regulations, both street sides of through lots shall be considered a front yard and shall conform to the front setback requirements or the established building lines in the area (see subsection 7-10-2(e) below). Parcels abutting an alley at the rear of the lot are not considered through lots and rear setback requirements would apply along the rear property line.
fig. 10-3
(e) Adjusting building lines. Where there are lots which comprise 50 percent or more of the entire length of the street frontage on the same side of the street, and within the block, and which are developed such that buildings on those lots have front setback depths with a variation of not more than ten feet, no building hereafter erected or structurally altered shall be required to have a front setback greater than the average front setback depth of those lots. Provided further, no front setback need exceed the average setback of the two adjoining buildings on either side thereof, if such two adjoining buildings are less than 200 feet apart.
fig. 10-4
(f) Allowable encroachments into required setbacks. The following buildings and structures may encroach upon required setbacks as set forth below unless specifically prohibited elsewhere in this chapter.
(1) Sills, cornices, and similar ornamental features projecting from the principal building may encroach up to 18 inches into any required setback.
(2) Bay windows, balconies, and similar features projecting from the principal building may encroach up to three feet into any required setback.
(3) Decks, steps, uncovered porches, patios, and terraces may encroach into a required side or rear setback, but no closer than six feet to the side or rear property line.
(4) Steps, terraces, and patios and uncovered decks with a height of not more than 30 inches may encroach up to ten feet into a required front setback. Handrails installed in conjunction with steps, decks, etc. shall not be included in figuring the height of the steps, terraces, patios and uncovered decks.
(5) Accessory buildings and structures (see article XIV of this chapter) may encroach into any required side and rear setback, but no closer than six feet to the side or rear property line. The term structure shall not include facilities for stormwater management, landscaping, or measures to control erosion.
(6) Fences and walls may be located within the required minimum front, side, or rear setback as set forth in section 7-10-3.
(7) Handicapped accessibility and life safety features (such as ramps, fire escapes, etc.) that are required by the North Carolina State Building Code may encroach into any required setback, but no closer than three feet from a side or rear property line. If a handicapped accessibility or life safety feature cannot meet this requirement due to the location of an existing structure or other impeding site feature on a residential lot, then the setback requirement for these structures can be adjusted to the extent necessary by the planning director.
(8) Setbacks shall not be required for bus shelters and benches, which may overlap property lines and encroach into public right-of-way, provided they do not restrict vehicular or pedestrian flow or obstruct sight visibility triangles as required by subsection 7-11-2(g) of this chapter.
(g) Outdoor storage and displays.
(1) Where and when permitted, the outdoor storage and display of materials or products related to a business and not otherwise classified as temporary under subsection (2) must comply with all building setback requirements for the district in which the business is located. Should required buffers, street tree planting strips, or other landscaped areas exceed the width of the building setback, then the greater of these distances shall apply.
(2) The temporary outdoor display of products is allowed to encroach within required building setbacks, but cannot be located within required buffers, street tree planting strips, or other landscaped areas required under section 7-11-3. For the purposes of this provision, temporary outdoor displays are defined as products that are placed outside during operating hours for the business and removed at other times.
(3) The placement of outdoor storage and displays shall not reduce the amount of parking on a site below the minimum standards defined in section 7-11-2.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2428, §§ 11, 12, 11-11-97; Ord. No. 2755, § 1, 10-10-00; Ord. No. 3063, § 1, 10-14-03; Ord. No. 3156, § 1, 8-24-04; Ord. No. 3326, § 1, 1-24-06; Ord. No. 3700, § 1g, 2-10-09)
Sec. 7-10-3. Fences and walls.
(a) Height standards.
(1) Fences and walls located outside the minimum front, side, or rear setback may be erected to any height permitted for buildings in the zoning district in which they are located.
(2) Unless otherwise required to comply with other provisions of the Code of Ordinances of the City of Asheville fences and walls located within the minimum front setback shall not exceed six feet in height unless serving as a retaining structure. Fences and walls located within the minimum side or rear setback shall not exceed eight feet in height unless serving as a retaining structure. No fence or wall shall obstruct the site visibility triangles required by subsection 7-11-2(g) of this chapter.
(3) All fences and walls shall comply with the applicable provisions of the North Carolina State Building Code, the Asheville Fire Prevention Code, and the Asheville Standard Specifications and Details Manual.
(b) Sight triangles. No wall or solid fence higher than three and one-half feet shall be placed within the sight visibility triangle of a public street, private street, or driveway contained either on the property or on an adjoining property. See section 7-11-2 concerning sight visibility triangles.
(c) Electrified security fences. Private use of electrified security fences shall be allowed only in the Industrial, Commercial Industrial, and Light Industrial districts and only for the purpose of securing outdoor storage areas. Such fences are allowed by right with special standards in the Industrial and Light Industrial districts (section 7-16-1), and allowed by conditional use permit (section 7-16-2) in the Commercial Industrial district. Electrified security fences are also allowed for government facilities and utility facilities or if required by the U.S. Department of Homeland Security for public security purposes.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2428, § 13, 11-11-97; Ord. No. 2776, § 1, 12-19-00; Ord. No. 4280, § 1, 2-11- 14)
Sec. 7-10-4. Reserved.
Editor's note(s)—Ord. No. 3572, § 1(m), adopted Jan. 8, 2008, deleted § 7-10-4 in its entirety. Former § 7-10-4 pertained to requirements for lots along thoroughfares and derived from Ord. No. 2369, § 1, adopted May 27, 1997.
Sec. 7-10-5. Retaining walls.
Retaining walls in excess of eight feet in height shall be faced with natural or artificial stone, brick, form-liner art or patterns, or vegetation in order to avoid a stark appearance. Foreground landscaping or attached vegetative screening of retaining walls or retaining wall sections over six feet in height and closer than 35 feet to a public or private street shall also be required in accordance with the following standards. Foreground landscaping or attached vegetative screening in accordance with the following standards shall also be required for any retaining walls or retaining wall sections over 20 feet in height regardless of location relative to a public or private street. Attached vegetative screening shall consist of stainless steel other approved vine supports structurally integrated into the wall to support vine planting from the approved species list for such applications. Foreground landscaping or attached vegetative screening may be considered part of any required buffer, as applicable. Retaining walls 15 feet or less in height shall be exempted from the foreground landscaping or attached vegetative screening requirements if faced with natural or artificial stone.
Terracing of retaining walls is allowed and encouraged, provided that no single retaining wall shall exceed 20 feet in height and each successive wall shall be setback at least five feet from the face of the lower wall. The application of foreground landscaping or attached vegetative screening shall be based on the cumulative height of the terraced walls except that a one level reduction in required landscaping from the following table shall be allowed.
Retaining Wall Height | Required Foreground Landscaping or Vegetative Screening (Either/Or) | |
Minimum Required Foreground Landscaping |
Minimum Required Attached Vegetative Screening | |
>6—10 feet | 5-foot wide planting strip at wall base with 3 gallon-sized bushes planted 5 feet on center | 5-foot wide planting strip at wall base with attached vegetative screening supports covering 50% of wall face and plantings consisting of 2 gallon-sized vines planted 3 feet on center |
>10—20 feet | 5-foot wide planting strip at wall base with 3 gallon-sized bushes planted 5 feet on center plus 1 small maturing tree for every 30 linear feet | 5-foot wide planting strip at wall base with attached vegetative screening supports covering 50% of wall face and plantings consisting of 2 gallon-sized vines planted 3 feet on center |
>20—30 feet | 8-foot wide planting strip at wall base with 3 gallon-sized bushes planted 5 feet on center plus 1 small maturing tree for every 30 linear feet | 5-foot wide planting strip at wall base with attached vegetative screening supports covering 60% of wall face and plantings consisting of 2 gallon-sized vines planted 3 feet on center |
>30 feet | 10-foot wide planting strip at wall base with 3 gallon-sized bushes planted 5 feet on center plus 1 large maturing tree for every 40 linear feet | 5 foot wide planting strip at wall base with attached vegetative screening supports covering 75% of wall face and plantings consisting of 2 gallon-sized vines planted 3 feet on center |
(Ord. No. 3493, § 1, 6-19-07; Ord. No. 3572, § 1(n), 1-8-08)
Sec. 7-10-6. Navigable airspace.
(a) Affected properties. Any property located within or underneath the boundaries of the airspace of the Asheville Regional Airport, as defined by Federal Aviation Regulation Part 77, upon which it is determined that a proposed object or structure may impact navigable airspace.
(b) Limitations. The allowable height of an object or structure shall not be permitted to encroach into the airspace of the Asheville Regional Airport, unless it is determined that it is not a hazard to air navigation through an Aeronautical Study performed by the Federal Aviation Administration (FAA).
(c) Procedure.
(1) Prior to zoning approval, and/or issuance of a building permit, the landowner, developer, contractor, or other responsible party (collectively referred to as the responsible party), shall submit to the FAA a request for the conduct of an Aeronautical Study on the object or structure being proposed on the property, utilizing FAA Form 7460-1 "Notice of Proposed Construction or Alteration." In the event that multiple objects or structures are proposed for the same property, multiple submittals may be required. The responsible party shall include all information required on the appropriate forms in order for the study to be undertaken.
(2) Aeronautical Study requests to the FAA shall be submitted no less than 30 days in advance of the scheduled start of any construction on the property.
(3) Cranes and other temporary objects that may themselves encroach into navigable airspace shall require individual and separate Aeronautical Study submittals.
(4) The responsible party shall be required to follow any and all reporting instructions determined necessary by the FAA during construction of the structure or placement of the object if identified as a result of the Aeronautical Study.
(d) Lighting and marking. All objects and structures that are determined through an Aeronautical Study by the FAA that lighting or marking is required or recommended, shall light and mark the object or structure in accordance with FAA Advisory Circular 70/7460-1K "Obstruction Marking or Lighting" (or its successor).
(Ord. No. 4524, § 1, 9-27-16)
Sec. 7-10-8. Neighborhood-scale multifamily design standards.
(a) Purpose. Neighborhood-scale multifamily design standards apply to multi-family developments in RM-6, RM- 8, or RM-16 zoning districts and are intended to be compatible with the character of residential neighborhoods.
(b) Applicability. These design standards shall apply to all new multi-family construction and building expansions located in RM-6, RM-8, and RM-16 zoning districts resulting in structures with a minimum of three up to a maximum of 12 dwelling units and/or expansion of parking lots.
(c) Maximum number of units per building. The maximum number of units per multi-family structure in the RM- 6, RM-8, and RM-16 zoning district shall be 12 units.
(d) Design standards.
(1) There shall be no more than one ground level entrance per street-facing façade. An entrance may be in the form of a recessed foyer and include multiple doors.
(2) A minimum of two windows are required per building façade, making up at least 15 percent of the area of any street-facing façade.
(3) No street-facing façade shall exceed 50 feet in length without at least a two foot change in the horizontal wall plane.
(4) Street-facing roofs that exceed 50 feet in length shall be subject to the following standards based on the type of roof provided:
a. Sloped roofs shall provide one or more of the following:
· A two foot horizontal variation in the roofline, or
· A roof element, that includes one of the following: dormer, cupola, gable, hip detail, or roof projections.
b. Flat roofs shall provide a cornice or other decorative band shall be provided to serve as a building cap for the entire roof. In addition, a minimum two foot vertical variation shall be provided for at least 15 percent of the length of the façade.
(5) Parking shall be provided to the side or rear and not closer to the street than the street-facing facade of the structure.
(6) Parking lots with more than four spaces shall be screened when adjacent to a single-family use. Screening shall include:
a. A mix of evergreen and deciduous trees and shrubs to result in a vegetative screen that is 75 percent opaque year round and planted in a minimum five foot-wide planting strip, or
b. A fence or wall with a minimum height of six feet with the finished side of the fence facing the abutting property or street. Fences longer than 25 linear feet shall be landscaped with trees and/or shrubs planted in a minimum five-foot planting area, except around access areas, spaced no farther than eight feet apart in order to screen at least 50 percent of the fence or wall. Placement of such fence shall be on the development side of the required five-foot planting area.
(7) For structures with more than four units, the side setback shall be at least ten feet.
(8) The front of the structure shall be oriented to face the primary access street.
(9) The height shall not exceed three stories or the maximum permitted height of the zoning district, whichever is less.
(Ord. No. 4608, § 1(n), 8-22-17)