Asheville City Zoning Code

ARTICLE XI

DEVELOPMENT AND DESIGN STANDARDS

Sec. 7-11-1. General.

The standards contained in this section are set forth to provide for the proper design and development of property within the City of Asheville's jurisdiction as it relates to parking, loading, access, landscape and buffering, open space and traffic impact analysis.

The following types of development must bring the entire site into full compliance with the requirements found in article XI, except those relating to sidewalks which shall be required as set forth in subsection 7-11-8(b):

(1) Any new development public or private except residential projects containing not more than four dwelling units;

(2) Major subdivisions of five lots or greater;

(3) Renovations with a total cost exceeding 75 percent of the appraised value of the building, as determined by Buncombe County Tax Assessor or by an MAI-certified real estate appraiser;

(4) Building expansions or additions exceeding 50 percent of the pre-expansion floor area; and

(5) Existing unpaved vehicular use areas of which 50 percent or more is paved.

The value of any expansion, addition, enlargement, or reconstruction of such structures over a three-year period occurring under the same ownership and/or developed by the same developer shall be used when calculating the 75 percent threshold.

Building expansions or additions occurring under the same ownership and/or developed by the same developer over a three-year period or less shall be considered to be one development and standards will be applied as such.

(Ord. No. 3417, § 1(a), 11-28-06; Ord. No. 3700, §§ 1h, i, 2-10-09; Ord. No. 3791, § 1a, 9-22-09; Ord. No. 5028, § 1j, 7-25-23; Ord. No. 5127, § 3, 3-11-25)

Sec. 7-11-2. Parking, loading, and access standards.

(a) Purpose. Off-street parking, loading, and access standards are established for the following purposes:

(1) To ensure the proper and uniform development of parking areas throughout the City of Asheville and its extraterritorial jurisdiction.

(2) To provide for safe and adequate space for the temporary storage of vehicles.

(3) To relieve traffic congestion on public streets.

(4) To promote the efficient use of parking areas.

(5) To ensure the safe ingress and egress of vehicles entering and exiting the public street system.

(6) To provide for immediate access for fire and emergency services.

(b) Parking lot design. The following standards shall be met in designing off-street parking facilities.

(1) Parking aisle widths shall be as set forth in the Asheville Standards, Specifications, and Details Manual.

(2) Dimensions of parking spaces. Parking spaces shall be a minimum of nine feet by 18 feet, except handicapped spaces which shall be as set forth in (b)(3) below.

(3) Handicapped parking spaces. The specifications for handicapped parking spaces shall meet the standards of the Americans With Disabilities Act, as amended, and are set forth below:

If parking spaces are provided for self-parking by employees or visitors, or both, then handicapped accessible spaces shall be provided as indicated in the table below. Spaces required by the table need not be provided in the particular lot. They may be provided in a different location if equivalent or greater accessibility, in terms of distance from an accessible entrance, and convenience are ensured.

Total Spaces in Lot	Required Minimum Number of Handicapped Spaces
1 to 25	1
26 to 50	2
51 to 75	3
76 to 100	4
101 to 150	5
151 to 200	6
201 to 300	7
301 to 400	8
401 to 500	9
501 to 1000	2% of total
1001 and over	20 plus 1 for each 100 over 1,000

Handicapped parking spaces shall be a minimum of eight feet by 18 feet.

Access aisles adjacent to handicapped spaces, except access aisles adjacent to van accessible handicapped spaces, shall have a minimum width of five feet. One in every eight handicapped spaces, but not less than one, shall be served by an access aisle not less than eight feet wide and shall be designated "van accessible." Access aisles may be shared by adjacent handicapped parking spaces.

(4) Channelized automobile storage. Channelization designs for parking structures are exempt from these standards. All other parking lot entrances from public rights-of-way shall provide channelized automobile storage space as follows:

Parking Lot Size in Spaces	Channelized Storage
less than 50	20 ft.
50 to 250	45 ft.
more than 250	90 ft.

Figure 11-4

(5) Parking surface treatment. The material for surface parking spaces and corresponding access drives required by this section shall consist of suitable paving material which will prevent the exposure of subsoil. Suitable paving material for required parking areas includes, but is not limited to asphalt, porous asphalt, concrete, compacted stone (road bond), gravel, and aggregates such as bituminous surface treatment (BST) and "chip and seal".

Porous paving blocks and pervious paving materials are permitted and encouraged as material for parking lots. The use of grass as a parking lot surface is permitted for overflow and intermittent parking. Pervious paving systems are required for parking spaces which exceed the maximum number of spaces required by subsection 7-11-2(c). The use of grass or other vegetation as a parking surface is permitted only for parking spaces which are provided in excess of the maximum number of parking spaces required by subsection 7-11-2(c) or used for intermittent or overflow parking. Parking lots associated with arenas, sporting facilities, amphitheaters, fairgrounds, and religious institutions may, however, use grass or other vegetation for the entire parking lot.

Additional requirements are as follows:

a. Parking lots utilizing road bond, gravel or other vegetative surfacing are prohibited within the Central Business District, unless otherwise allowed under Article XIV.

b. Parking lots utilizing road bond or gravel shall provide such material with a minimum thickness of at least four inches and must be maintained in a stable condition.

c. Parking lots utilizing road bond or gravel shall be designed and constructed such that siltation resulting from stormwater run-off does not enter adjacent properties or public rights-of-way. The lots must be designed so as to prevent loose stone, aggregate or other materials from leaving the lot.

d. All driveway aprons, which are defined as that portion of the parking lot entrance which abuts the street, shall consist of concrete, asphalt, or bituminous surface treatment for a length of at least ten lineal feet starting at the street and extending into the driveway. Subsection 7-11-2(g) sets forth specific driveway entrance requirements.

e. The individual parking spaces shall be delineated in all parking lots, except lots utilizing road bond, gravel, grass or other vegetative surfacing.

f. All handicapped parking spaces and corresponding access paths to the building entrance shall consist of concrete, asphalt or bituminous surface treatment.

g. All driveways with an average grade exceeding five percent shall consist of concrete, asphalt or bituminous surface treatment.

h. Parking spaces serving one, two, three and four family dwellings are exempt from the requirements of this subsection.

i. All driveways and parking lots shall be of sufficient strength and thickness to safely support fire emergency vehicles.

(6) Use of public rights-of way for access and maneuvering. No access to individual off-street parking spaces shall be allowed directly from public rights-of-way. Public rights-of-way shall not be used for maneuvering in the process of entering or leaving individual off-street parking spaces. Public rights-of- way may be used for maneuvering by delivery vehicles entering or leaving off-street loading berths as set forth in subsection 7-11-2 (c), but those berths shall be designed so that no public rights-of-way are blocked by parked delivery vehicles.

(7) Parking lot landscaping requirements are described in section 7-11-3 of this chapter.

(8) Parking lot sign requirements are described in article XIII of this chapter.

(1) Number of spaces required. The requirements for off-street parking are set forth in the table below. For uses not covered in this table, the appropriate number of maximum and minimum parking spaces based upon the most recent Parking Generation edition of the Institute of Transportation Engineers. Refer to subsection 7-11-2(d) below for specific requirements related to off-street loading. The square footage requirements below refer to gross floor area of the building, existing or proposed. Please see subsection 7-11-2(b)(3) for handicapped accessible parking space requirements, subsection 7-11-2(c)(3) for bicycle parking space requirements, and subsection 7-11-2(f) for on-street parking allowances.

a. Vehicle Parking Requirements Table for all uses in properties zoned HB, RB, CBD, CBI/II, OB, OI/II, NCD, NB, RIV, Haywood Road & River Arts Form districts:

Type of Land Use	Vehicular Parking Requirements for uses on properties zoned: HB, RB, CBD, CBI/II, OB, OI/II, NCD, NB, RIV, Haywood Road & River Arts Form districts
	Minimum	Maximum
Residential
All dwelling types	No minimum parking requirement for residential uses.	2 per unit
Public Facilities and Institutions	—	1 per employee, plus 1 per 2 units
Assisted living facilities	1 per 2 employees, plus 1 per 2 units	1 per employee, plus 1 per 6 adults
Adult care facilities	1 per 2 employees, plus 1 per 6 adults	1 per employee, plus 1 per 10 children
Child care facilities	1 per 2 employees, plus 1 per 10 children	1 per 3 seats or each 30 sq. ft. of floor area available for movable seats or for each 150 sq. ft. of gross floor area
Churches and wedding chapels	1 per each 4 seats or each 40 sq. ft. of floor area available for movable seats or for each 200 sq. ft. of gross floor area	1 per 250 sq. ft.
Civic, social service, cultural, and fraternal facilities	1 per 350 sq. ft.	1 per employee, plus one per each full-time student not residing on campus
Colleges and universities	1 per 3 employees, plus one per 3 full-time students not residing on campus	1 per employee
Family care homes and group homes, children	1 per 2 employees	1 per employee, plus 1 per 1 resident
Family care homes and group homes, adults	1 per 2 employees, plus 1 per 2 residents	1 per 250 sq. ft., plus one per 2 employees on shift of greatest employment
Museums and art galleries	1 per 350 sq. ft., plus one per 2 employees on shift of greatest employment	1 per 200 sq. ft.
Medical facilities	1 per 250 sq. ft.	3 per classrooms
Schools, elementary and middle	2 per classroom	10 per classroom
Schools, high	5 per classroom	1 per employee on shift of greatest employment
Shelters	1 per 2 employees on shift of greatest employment
Office, Business, and Industrial Uses	No minimum parking requirement for Office, Business, and Industrial Uses.
Barber shops and salons	—	3 per operator station, plus one per 2 employees on shift of greatest employment
Bed and breakfast homestays and inns	—	2 per room, plus 2 spaces for the resident manager/owner and 1 per for each employee
Car wash	—	3 per wash bay, no stacking maximum
Convenience stores with gas pumps	—	1 per 200 sq. ft. (spaces at gas pumps are not recognized as parking spaces)
Funeral establishments	—	1 per 2 seats of largest public room, plus one per 2 employees on shift of greatest employment
Health and fitness facilities	—	1 per 100 sq. ft.
Lodging	—	1 per 1 bedroom , plus additional spaces as required for other uses within the hotel/motel
Live-work unit	—	1 per residential unit plus 1 per each 250 sq. ft. of office/business space
Manufacturing, assembly or finishing operations	—	1 per employee on shift of greatest employment
Office	—	1 per 250 sq. ft.
Rental establishments	—	1 per 250 sq. ft.
Repair and service businesses providing on-site services	—	1 per 200 sq. ft.
Repair and service businesses providing off-site services	—	1 per employee
Restaurants, bars, night clubs (plus 11 spaces for stacking if drive- through service is proposed)	—	1 per 2 seats, plus one space per 2 employees on shift of greatest employment
Retail sales	—	1 per 200 sq. ft.
Self-service storage facility	—	2 per 100 units plus 1 per every employee on shift
Servicing, packaging, and storage of commodities	—	1 per employee on shift of greatest employment
Theaters, stadiums, arenas, and sports fields and courts	—	1 per 3 seats or 1 per 4 feet of bench area
Vehicle service stations and auto repair garages (spaces at gas pumps are not recognized as parking spaces)	—	3 per service bay, plus one space per 2 employees on shift of greatest employment
Warehouses, wholesale, and distributive businesses	—	1 per employee on shift of greatest employment, plus one per 350 sq. ft. of area open to the public

b. Vehicular Parking Requirements Table for uses on properties in all other zoning districts:

Type of Land Use	Vehicular Parking Requirements for uses on properties in all other zoning districts
	Minimum	Maximum
Residential
Boardinghouses	1 per 2 boarding rooms, plus 1 per resident manager	1 per boarding room, plus 1 per resident manager
Dwellings, multi-family with 2 bedrooms or less	1 per unit	2 per unit
Dwellings, multi-family with 3 bedrooms or more	2 per unit	3 per unit
Dwellings, multi-family elderly or disabled	1 per unit	2 per unit
Dwellings, single-family with 2 bedrooms or less	1 per unit	2 per unit
Dwellings, single-family with 3 bedrooms or more	2 per unit	3 per unit
Dwellings, subsidized low-income	1 per unit	2 per unit
Public Facilities and Institutions	—
Assisted living facilities	1 per 2 employees, plus 1 per 2 units	1 per employee, plus 1 per 2 units
Adult care facilities	1 per 2 employees, plus 1 per 6 adults	1 per employee, plus 1 per 6 adults
Child care facilities	1 per 2 employees, plus 1 per 10 children	1 per employee, plus 1 per 10 children
Churches and wedding chapels	1 per each 4 seats or each 40 sq. ft. of floor area available for movable seats or for each 200 sq. ft. of gross floor area	1 per 3 seats or each 30 sq. ft. of floor area available for movable seats or for each 150 sq. ft. of gross floor area
Civic, social service, cultural, and fraternal facilities	1 per 350 sq. ft.	1 per 250 sq. ft.
Colleges and universities	1 per 3 employees, plus one per 3 full-time students not residing on campus	1 per employee, plus one per each full-time student not residing on campus
Family care homes and group homes, children	1 per 2 employees	1 per employee
Family care homes and group homes, adults	1 per 2 employees, plus 1 per 2 residents	1 per employee, plus 1 per 1 resident
Museums and art galleries	1 per 350 sq. ft., plus one per 2 employees on shift of greatest employment	1 per 250 sq. ft., plus one per 2 employees on shift of greatest employment
Medical facilities	1 per 250 sq. ft.	1 per 200 sq. ft.
Schools, elementary and middle	2 per classroom	3 per classrooms
Schools, high	5 per classroom	10 per classroom
Shelters	1 per 2 employees on shift of greatest employment	1 per employee on shift of greatest employment
Office, Business, and Industrial Uses	—
Barber shops and salons	2 per operator station, plus one per 2 employees on shift of greatest employment	3 per operator station, plus one per 2 employees on shift of greatest employment
Bed and breakfast homestays and inns	1 per room, plus 1 space for the resident manager/owner and 1 per each employee	2 per room, plus 2 spaces for the resident manager/owner and 1 per for each employee
Car wash	2 per wash bay, plus 2 stacking spaces per wash bay	3 per wash bay, no stacking maximum
Convenience stores with gas pumps	1 per 350 sq. ft. (spaces at gas pumps are not recognized as parking spaces)	1 per 200 sq. ft. (spaces at gas pumps are not recognized as parking spaces)
Funeral establishments	1 per 4 seats of largest public room, plus one per 2 employees on shift of greatest employment	1 per 2 seats of largest public room, plus one per 2 employees on shift of greatest employment
Health and fitness facilities	1 per 200 sq. ft.	1 per 100 sq. ft.
Lodging	1 per 2 bedrooms , plus additional spaces as required for other uses within the hotel/motel	1 per 1 bedroom , plus additional spaces as required for other uses within the hotel/motel
Live-work unit	1 per residential unit plus 1 per each 350 sq. ft. of office/business space	1 per residential unit plus 1 per each 250 sq. ft. of office/business space
Manufacturing, assembly or finishing operations	1 per 2 employees on shift of greatest employment	1 per employee on shift of greatest employment
Office	1 per 350 sq. ft.	1 per 250 sq. ft.
Rental establishments	1 per 350 sq. ft.	1 per 250 sq. ft.
Repair and service businesses providing on-site services	1 per 300 sq. ft.	1 per 200 sq. ft.
Repair and service businesses providing off-site services	2 employees	1 per employee
Restaurants, bars, night clubs (plus 11 spaces for stacking if drive- through service is proposed)	1 per 3 seats, plus one space per 2 employees on shift of greatest employment	1 per 2 seats, plus one space per 2 employees on shift of greatest employment
Retail sales	1 per 350 sq. ft.	1 per 200 sq. ft.
Self-service storage facility	1.4 per 100 units plus 1 per 2 employees on shift	2 per 100 units plus 1 per every employee on shift
Servicing, packaging, and storage of commodities	1 per 2 employees on shift of greatest employment	1 per employee on shift of greatest employment
Theaters, stadiums, arenas, and sports fields and courts	1 per 4 seats or 1 per 6 feet of bench area	1 per 3 seats or 1 per 4 feet of bench area
Vehicle service stations and auto repair garages (spaces at gas pumps are not recognized as parking spaces)	1 per service bay, plus one per 2 employees on shift of greatest employment	3 per service bay, plus one space per 2 employees on shift of greatest employment
Warehouses, wholesale, and distributive businesses	1 per 2 employees on shift of greatest employment, plus one per 350 sq. ft. of area open to the public	1 per employee on shift of greatest employment, plus one per 350 sq. ft. of area open to the public

(2) Bicycle parking. Bicycle parking shall be provided for all uses except single family dwellings and duplex dwellings. The minimum number of bicycle parking spaces shall be one (1) bicycle parking space or ten percent (10%) of the total number of dwelling units, whichever is greater. The bicycle parking requirement shall be ten percent (10%) of the maximum parking spaces if it is any other development. Bicycle parking facilities shall include standard bike racks and other secured, lockable facilities. Bike parking shall be located within 50 feet of a publicly-accessible entrance.

(3) Parking requirements for urban residential developments. Residential developments located within the area described below shall not be required to provide off-street parking if on-street parking is permitted on the street(s) on which the development is proposed and the developer investigates with the Asheville Transit Authority the provision of a transit stop to serve the development. The boundaries of the area shall be:

To the north, one mile from the Central Business District boundary;

To the south, one mile from the Central Business District boundary;

To the west, the French Broad River; and

To the east, the ridge of Town Mountain and the ridge of Beaucatcher Mountain.

This area shall be identified on a map kept in the office of the City of Asheville Planning and Development Department.

(4) Parking requirements for the River Parking Reduction Area. All properties located within the River Parking Reduction Area (see map: Planning and Development Department) will be eligible for reductions based on the following:

a. Projects with a base requirement of 30 spaces or less may receive a 50 percent reduction.

b. Projects with a base requirement of 31—50 spaces may receive a 30 percent reduction.

c. Projects with a base requirement of 51—75 spaces may receive a 20 percent reduction.

These reductions may not be combined with other reductions offered through individual zoning districts.

(d) Off-street loading requirements.

(1) An area shall be provided for loading and unloading delivery vehicles for all institutions, businesses, or industries of more than 5,000 square feet in gross floor area, except in the Central Business District.

(2) The minimum size of an off-street loading berth shall be 250 square feet plus any additional area needed for maneuvering delivery vehicles.

(3) The number of berths required is based on the gross floor area of the building and is as follows:

Gross Floor Area (Sq. Ft.)	Minimum Number of Berths
5,000 - 24,999	1
25,000 - 49,999	2
50,000 - 74,999	3
75,000 and over	4 plus 1 for each additional 50,000 sq. ft.

(e) Shared and remote parking.

(1) Shared parking. The planning and development director shall approve the joint use of up to 100 percent of the required parking spaces for two or more uses located on the same parcel or adjacent parcels, provided that the developer can demonstrate that the uses will not overlap in hours of operation or in demand for the shared spaces.

Any sharing of required parking spaces by uses located on different parcels shall be guaranteed by a written agreement between the owner of the parking area and the owner of any use located on a different parcel and served by the parking area.

Should the uses change such that the new uses overlap in hours of operation or in demand for the shared spaces, the shared parking approval shall become void. Parking meeting the requirements of this chapter shall then be provided for each use.

(2) Remote parking. If the required number of parking spaces for any land use cannot be reasonably provided on the same lot on which the principal use is located, such parking space may be provided on any land within 500 feet walking distance of the property on which the principal use is located, provided that the zoning use regulations for the district in which the remote parking space is located permit the principal use which the parking spaces serve.

Any remote parking spaces located on a different parcel than the use for which the remote parking spaces serve shall be guaranteed by a written agreement between the owner of the remote parking area and the owner of the use located on a different parcel and served by the remote parking area. Change of ownership of either parcel shall require a renewal of the agreement.

(3) Shared and remote parking shall not be permitted for hotel uses.

(f) On-street parking. On-street parking spaces may be counted toward the fulfillment of the off-street parking requirements for a development, subject to the following standards. Any on-street parking space meeting these standards shall count as 0.75 of a required off-street parking space.

(1) The on-street parking spaces are newly constructed as part of a development. No existing on-street parking spaces may be counted except as permitted for a particular use district.

(2) There shall be a minimum of four contiguous on-street spaces constructed for the development.

(3) All counted spaces must comply with the City of Asheville Standard Specifications and Details Manual for on-street parking spaces.

(4) Parking spaces must be located not more than 500 feet from the proposed development. Parking spaces that are located more than 150 feet from the proposed development must be located within a zoning classification that permits the use served and must not be located adjacent to property that is not within a zoning classification that permits said use.

(5) Sidewalks must abut all counted on-street parking spaces in such a fashion as to allow direct pedestrian connectivity to the building or development served by the spaces. For the purpose of this section, parking spaces located directly across a street from a building or development may be counted, if a crosswalk (marked or unmarked) is provided for convenient pedestrian access.

(6) Street modifications (including curbs, sidewalks, paving and marking locations) associated with any counted on-street parking shall be reviewed by the city public works and transportation departments for compliance with the City of Asheville Standard Specifications and Details Manual. Parking shall not restrict existing access to abutting parcels.

(7) Any on-street spaces created in accordance with this provision shall be public parking spaces and not for the exclusive use of the development. Full access easements or rights-of-way incorporating the parking and the abutting sidewalks shall be conveyed to the city.

Approved on-street parking spaces shall not be considered to violate the provisions of this chapter restricting parking within setbacks or those provisions of this chapter requiring that parking be provided at the side or rear of a development and that it be no closer to the street than the edge of the structure.

(g) Access point requirements (Driveways). The following standards shall be met when designing vehicular access points from public streets to individual properties:

(1) Width of access points. The width of access points shall be measured parallel to the street at the point beyond the driveway apron radius, according to the following:

a. For single-family structures and duplexes, the following standards shall apply:

Minimum width within the front setback: 9 feet

Maximum width within the front setback: 18 feet

b. For multifamily residential structures located within 150 feet of a publicly-maintained road, the following standards shall be applied:

Minimum width within the front setback: 9 feet

Maximum width within the front setback: 36 feet

c. For multifamily residential structures located beyond 150 feet of a publicly-maintained road and for commercial property, the following standards shall be applied:

Minimum width within the front setback: 20 feet

Maximum width within the front setback: 36 feet

Figure 11-5

(2) Distance from street intersections.

a. Minimum distances between access points and street intersections shall be determined by the access triangle. No access points shall be permitted within the access triangle. The access triangle is that triangle formed by the intersecting undisturbed right-of-way lines ("A" and "B" in the graphic below) and a line connecting the ends of the undisturbed right-of-way lines.

Figure 11-6

b. The undisturbed right-of-way lines ("A" and "B" in the graphic above) extend from the intersection of the right-of-way lines and have a specific length as defined by the table below.

Street Type	Length of Undisturbed Right-of-way "A"	Length of Undisturbed Right-of-way "B"
Residential Access	25 feet	25 feet
Residential Subcollector	50 feet	50 feet
Residential Collector	75 feet	75 feet
Arterial	100 feet	100 feet

c. Where the length of the required undisturbed right-of-way exceeds the street frontage of the lot, one access point shall be permitted along the property line furthest from the intersection.

(3) Distance from other access points. The distance measured along the right-of-way line between the tangent projection of the inside edges of adjacent access points shall be at least 25 feet.

Figure 11-7

(4) Distance from property line. Unless the access point will be shared between two or more adjoining properties, all access points shall be located at least five feet from all property lines perpendicular to the street. Shared access points are encouraged to reduce the amount of impervious surface area and to limit the number of access points along a street.

Figure 11-8

(h) Sight visibility triangles at street intersections.

(1) Sight visibility triangle required. In order to ensure visibility at intersections, sight visibility triangles shall be maintained at all intersections of public streets, private streets, and driveway access points.

(2) Public street intersections. At an intersection of two public streets with no traffic sign or other device, a sight visibility triangle is that triangle formed by the street right-of-way lines and a line connecting them at points 50 feet from the intersection of the street right-of-way lines.

(3) All other intersections. At all other types of intersections, a sight triangle is defined as that triangle formed by a ten-foot side measured along the right-of-way of the minor approach from the right-of- way of the major approach, and a 50-foot side measured along the right-of-way of the major approach from the right-of-way of the minor approach.

a. For intersections formed by two public streets with a traffic control sign or other device, the minor approach is the street which must stop or yield.

Figure 11-9

b. For intersections formed by a public street and a private street or driveway, the public street is the major approach.

c. For a private street or driveway, the short side of the sight visibility triangle shall be measured along the edge of the private street or driveway.

Figure 11-10

d. For a public or private street or driveway where the building displays a 0-foot setback, the long side of the triangle shall be measured along the face of curb, with additional measures to be applied if deemed necessary by the city's traffic engineer in accordance with sound engineering principals.

figure 11-11

(4) Sight visibility at state-maintained intersections. On roadways maintained by the North Carolina Department of Transportation, additional sight visibility triangle requirements may be applied by that department.

(5) Applicability and exemptions. Within the triangles identified above, and except as provided below, no structure, sign, plant, shrub, tree, berm, fence, wall, or other object of any kind or parking or storage of automobiles shall be installed, constructed, set out or maintained so as to obstruct cross-visibility at a level between three and ten feet above the level of the center of the street intersection. These restrictions shall not apply to:

a. Existing natural grades which, by reason of natural topography, rise three feet above the level of the center of the intersection;

b. Trees having limbs and foliage trimmed in such manner that no limbs or foliage extend into the area between three and ten feet above the level of the intersection;

c. Fire hydrants, public utility poles, street markers, governmental signs, and traffic control devices;

d. Any structure, sign, plant, shrub, tree, berm, wall, or fence located in the Central Business District;

e. Trees which are planted in order to meet the street tree requirement as set forth in subsection 7-11-3(f).

(i) Access onto residential streets by nonresidential uses

(1) Access onto residential streets limited. In order to preserve the residential character of streets that function primarily to provide direct access to residences, access onto these streets by nonresidential uses shall be limited. Those streets abutted primarily by residential uses and that provide direct access to these residences shall be considered to be a residential street. These standards shall not apply to those nonresidential uses permitted by right, subject to special requirements, or as conditional uses in residential zoning districts. Furthermore, these standards shall not apply to nonresidential uses located in nonresidential or mixed use zoning districts that are located on residential streets and have their only access from residential streets.

(2) Standards for access for nonresidential uses. Nonresidential uses located on corner lots, through lots, or other lots with frontage on more than one street shall have their access from those streets that are non-residentially zoned. Access onto residentially zoned streets or streets dominated by residential uses shall not be allowed.

(j) General requirements for access to streets for residential lots.

(1) General. All residential lots must abut a public street or an approved private street built to public street standards: Residential lots shall meet the minimum lot width requirements of the applicable zoning district where they abut a street, except for lots on a cul-de-sac or flag lots.

(2) Lots on a cul-de-sac. A lot on a cul-de-sac shall be a minimum of 25 feet at the front property line, and shall be 80 percent of the required lot width at the front setback line.

(3) Flag lots. A flag lot on parcels identified within Appendix 7-F may be approved if it meets the following requirements:

a. A flag lot shall serve only single-family residential development and accessory buildings.

b. The minimum width of the flag lot at the street shall not be less than 20 feet.

c. Minimum width of the flagpole portion of the lot shall be 20 feet.

d. The flagpole portion of the lot shall not be used to calculate compliance with minimum lot area, width, and depth or to provide off-street parking.

e. Where public water is available, any occupied building on the flag lot must be within 500 feet of a fire hydrant, as specified in the Asheville Fire Prevention Code. This distance shall be measured along the street, then along the flagpole portion of the lot, and then in a straight line to the building location.

f. Where public sewer is available, occupied buildings on the flag lot shall have a gravity sewer service line, or the sewer requirement shall be noted on the preliminary plat.

g. Use of a shared driveway to serve a flag lot and an adjoining lot is permitted and encouraged.

h. Maximum length for the flagpole portion of the lot shall be 250 feet.

i. No more than one lot in a subdivision of less than eight lots shall be a flag lot. No more than two lots or ten percent of the total lots in the subdivision, whichever is greater, shall be flag lots in a subdivision of eight or more lots.

j. Maximum lot area for a flag lot, excluding the flag pole, may not exceed 12,000 square feet unless located in an RS-2 zoning district, where a flag lot may not exceed 24,000 square feet.

(3.1) Flag lots located on parcels not included in Appendix 7-F. A flag lot may be approved if it meets the following requirements:

a. A flag lot shall serve only single-family residential development and accessory buildings.

b. The minimum width of the flag lot at the street or along any part of the flag pole shall not be less than 16 feet unless the driveway is shared with the parent parcel and recorded on the plat as such, in such a case the minimum width of the flag lot may be reduced to 10 feet.

c. Where public water is available, any occupied building on the flag lot must be within 500 feet of a fire hydrant, as specified in the Asheville Fire Prevention Code. This distance shall be measured along the street, then along the flagpole portion of the lot, and then in a straight line to the building location.

d. Use of a shared driveway to serve a flag lot and an adjoining lot is permitted and encouraged.

e. Maximum length for the flagpole portion of the lot shall be 250 feet.

f. No more than two lots in a subdivision of less than eight lots shall be flag lots. No more than twenty five percent of the total lots shall be flag lots in any subdivision of eight or more lots.

g. Maximum lot area for a flag lot, excluding the flagpole, may not exceed 12,000 square feet unless located in an RS-2 zoning district, where a flag lot may not exceed 24,000 square feet.

h. The minimum front setback for the flag lot shall be six feet unless a duplex or two attached single family dwellings are proposed to straddle the parent parcel and flag lot, in which case no setbacks shall be required between the parent parcel (rear setback waived) and the flag lot (front setback waived).

i. Structure size on flag lots shall be limited to a maximum 1,000 square feet building footprint area and a maximum of 1,400 square feet gross floor area.

j. The side yard setback for the portion of the parent parcel abutting the lot line of the flagpole section of the flag lot may be reduced to 3 feet.

(k) General requirements for access to streets for non-residential lots. Except as set forth below, lots used for non-residential purposes must abut a public street or an approved private street built to public street standards. Lots or parcels used for non-residential purposes are not required to abut a public street if all of the following requirements are met.

(1) An easement or right-of-way with a minimum width of 30 feet connects the lot to a public street.

(2) The easement or right-of-way is recorded in the Office of the Register of Deeds for Buncombe County.

(3) A paved road with a minimum width of 20 feet (not including parking) provides access from the lot(s) or parcel(s) to a public street.

(4) The access road is located within the recorded easement or right-of-way.

(5) The access road shall be constructed to the standards established by the City of Asheville for commercial streets.

(6) A road maintenance agreement, which identifies the responsibilities for the maintenance of the access road and clearly states that the City of Asheville is not responsible for maintenance of the road, is prepared and recorded in the Office of the Register of Deeds for Buncombe County.

(7) Not more than five lots nor more than ten acres shall be served by the easement or right-of-way.

(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2428, § 14, 11-11-97; Ord. No. 2823, § 1, 6-26-01; Ord. No. 3157, § 1(a)(7), 8- 24-04; Ord. No. 3209, § 1c, 1-25-05; Ord. No. 3223, § 1, 3-22-05; Ord. No. 3272, § 1(c), 7-26-05; Ord. No. 3367, § 1, 6-13-06; Ord. No. 3417, § 1(b), 11-28-06; Ord. No. 3466, § 1(e), 4-24-07; Ord. No. 3484, §§ 1(a)—(c), 6-12-07; Ord. No. 3700, § 1j, 2-10-09; Ord. No. 3712, § 1, 3-10-09; Ord. No. 3739, § 1a, 6-9-09; Ord. No. 3856, § 1c, 5-25-10; Ord. No. 3956, § 1a, 3-22-11; Ord. No. 4016, § 1, 9-13-11; Ord. No. 4608, § 1(o—s), 8-22-17; Ord. No. 4613, § 1(a), 9-12- 17; Ord. No. 4361, § 1z—dd, 3-23-21; Ord. No. 4920, § 1(e), 12-14-21; Ord. No. 5126, § 1, 3-11-25; Ord. 5128, § 3, 3-11-25)

Sec. 7-11-3. Landscape and buffering standards.

(a) Purpose. The City of Asheville has an abundant and diverse tree and vegetative cover that contributes to the aesthetic value of the city and provides numerous ecological and economic benefits. Asheville's location on the habitable edge of the Appalachian Mountains (one of the oldest ranges in the world); its truly fascinating cultural heritage; the accidents of history that endowed the city with more of than its share of memorable architecture; its site on the French Broad River (one of the country's oldest rivers—and the only one in the Southeast that flows north); and its location in the center of a geographical area that includes four neighboring states, make Asheville truly different from all other American cities. The landscape and buffering standards set forth below require landscaping between dissimilar zoning, along public rights-of-way, in and around parking lots and outdoor storage areas, and on properties supporting new development or extensive re-development, in order to:

(1) Encourage the preservation and health of existing trees, tree canopies, and other existing vegetation, and to replenish removed vegetation;

(2) Improve and protect the visual quality of the City of Asheville, city forests, and forested view sheds, and minimize potential negative impacts of development such as noise, dust, glare of lights, parking lots, traffic, heat, overcrowding, and odor;

(3) Provide environmental benefits, such as climate modification, decreased energy consumption, reduced stormwater runoff, decreased erosion, improved water and air quality, and protection of wildlife habitat;

(4) Provide a transition between dissimilar zoning districts to protect abutting properties from potential negative impacts of neighboring development, particularly between residential-commercial interfaces, and to preserve the character and value of a property and provide a sense of privacy;

(5) Improve standards for quantity, location, size, spacing, protection, and maintenance of plants and other screening materials to assure a high level of quality in the appearance of Asheville while allowing flexibility to promote well designed and creative landscape plantings.

(6) Enforce the maintenance of landscaping installed to meet the requirements of these high standards to ensure that the landscaping continues to thrive and enhance the visual quality of the City of Asheville.

(b) Applicability. Landscape standards are required for developments within the City of Asheville's zoning jurisdiction, including the extraterritorial jurisdiction. Applicants are advised to meet with planning and development department staff prior to submitting a site plan to discuss applicable landscape requirements, other ordinance requirements, and coordination of plantings with utility plans. A landscape plan drawn to scale must be submitted with the site plan and prepared in accordance with the standards established by the planning and development department. Separate landscape requirements are considered cumulative unless noted otherwise.

(1) Development of property as referenced in section 7-11-1 must bring the entire site into full compliance with the requirements of article XI of this chapter (parking, loading, access, landscape and buffering, open space and traffic impact analysis).

(1.1) The following types of development must only comply with the landscape and buffering standards that are specifically defined in each of the following sections:

a. Existing unpaved vehicular use areas of which less than 50 percent is paved or existing paved vehicular use areas of which less than 50 percent is demolished and repaved must meet the parking lot landscape requirements in subsection 7-11-3(d)(4) only for the disturbed area. For properties where the area of disturbance is located along the perimeter of the vehicular use are the following landscape standards shall also be required adjacent to the disturbed area, if applicable: property line buffer, street buffer, street trees. Maintenance and repair of disturbed areas less than 500 square feet are exempt from this requirement with an exception that any landscaping removed to accommodate the maintenance or repair of such areas must be replaced with vegetation equivalent to that which was removed.

b. Building expansions or additions that are less than 50 percent of the pre-expansion floor area must meet the landscaping requirements only in the area around the addition which is parallel to any edge of the expansion area and extending to the property line or street pavement edge (see illustration below):

expansion /addition

c. Building expansions or additions occurring on properties zoned Commercial Industrial or Industrial that result in an expansion of less than five percent of the pre-expansion floor area or 3,000 square feet in size whichever is less, are not required to meet additional landscape standards. Cumulative expansions occurring over a three-year period that exceed this threshold shall have to meet all applicable landscape standards.

(2) Central business district alternatives. In order to preserve and promote existing development patterns within the Central Business District specific landscape requirements are described below:

a. The CBD areas within the Downtown Design Review Overlay District are exempt from building impact landscaping and property line buffers;

b. Other CBD areas are exempt from building impact landscaping but developers will be required to provide a property line buffer which may be the standard buffer outlined in [section] 7-11-3 or an alternative buffer described in the ordinance for the district [in section] 7-8-18;

c. All CBD areas may modify the requirement for a street buffer by placing a wall at a minimum height of three feet in place of the required shrubs;

d. Street tree, parking lot and screening requirements shall apply as described in the ordinance.

(3) Urban zoning district exemption. In order to promote a high density, urban form of development within these districts, the tree save requirements of this subsection shall not apply to properties zoned Urban Village (UV), Neighborhood Corridor (NCD), Urban Residential (URD), and Urban Place (UP).

(c) Preservation and protection of existing vegetation. Preserving existing vegetation protects the visual quality of the City of Asheville's urban landscape and should be encouraged.

(1) Credits and other incentives to preserve vegetation. Projects intending to preserve existing vegetation in order to receive credit for required landscaping must graphically show the location of each tree on a the landscape plan and must note the dbh (diameter at breast height) and species of each tree. Any development that proposes to preserve existing vegetation will receive credit for that vegetation at the rate of:

Diameter at Breast Height	# of Tree Credits
2" — 6"	1
7" — 12"	2
13" — 18"	3
19" — 24"	4
25"	+5
Shrubs will be credited at a rate of 1:1

In order to receive credit, preserved vegetation must be in good health and condition and must meet the spacing requirements of the standards it is intended to satisfy. Protective barriers must also be shown on the landscape and grading plans in accordance with the requirements of this section. If a preserved tree dies within 24 months of completion of the project, it must be replaced with the total number of trees which were credited to the existing tree. No credit will be given to invasive-exotic species.

(2) Protection of existing trees during construction. No grading or other land-disturbing activity can occur on a site with existing trees which are designated to be preserved in order to meet the landscaping requirements until protective barriers are installed by the developer and inspected by the planning and development director. The dbh of the preserved trees and the location of protective barriers must be shown on the landscape and grading plans with the dimension between the tree trunk and barrier indicated.

a. Placement of protective barriers. Barricades shall be placed around the critical root zone of preserved trees that are within 50 feet of any grading or construction activity. The critical root zone is a circle extending around the tree with a one-foot radius for every one inch of tree diameter. All protective barriers must include clear and visible signage that describes the delineated area as a "Tree Protection Area", or equivalent. All protective barriers and signs must be maintained throughout the building construction process.

b. Protective barriers shall consist of either:

· A fence which is at least three feet high and constructed in a post and rail configuration, using two by four posts and one by four rails; or

tree/fence

c. Prohibited activities. All contractors must be made aware of the areas designated for protection. No disturbance can occur within the tree protection area including:

· Grading

· Filling

· Parking

· Storage of debris or materials, including topsoil

· Sedimentation and erosion control measures

· Disposal of hazardous wastes or concrete washout

· Attaching of nails, ropes, cables, signs, or fencing to any preserved tree.

d. Permissible encroachments. Where physical site constraints exist, utilities may encroach into the tree protection area provided they are tunneled at least two feet directly below the tree roots to minimize root damage. A construction detail shall be required.

Other encroachments various in nature may be permitted provided that the contractor follows- through on the written recommendation of a certified arborist or consulting arborist to minimize any potential impact and certify that the activity will not damage the tree under normal circumstances.

e. Silt fencing. If silt fencing is required to control sedimentation, the fencing must be placed along the uphill edge of a tree protection zone in order to prevent sediment from accumulating in the critical root zone area (refer to the City of Asheville's Standards and Specifications Manual for details).

(d) Standards. Landscape requirements are broken down in the following categories:

a. Property line buffer — Landscaping along property lines separating different zoning districts.

b. Street buffer — Landscaping along street rights-of-way between parking areas and pedestrian zones.

c. Street trees — Shade trees planted along street frontages to improve the pedestrian environment and enhance the urban streetscape.

d. Parking lot landscaping — Landscaping in and around vehicular use areas.

e. Building impact landscaping — Landscaping used to enhance the site.

f. Screening — Landscaping around utility use, outdoor storage, and loading areas.

(1) Property line buffer. Some land uses may create an adverse impact when developed adjacent to other less intensive land uses commonly found in certain zoning districts. Bufferyards shall be required for proposed developments adjacent to parcels of dissimilar zoning designations to provide a transition between districts of varying intensities. The bufferyard width and number of plantings required will vary depending on the degree of difference between the zoning designations and shall be the responsibility of the property owner developing or changing the land use.

a. Bufferyard types. The amount of plant material required in a bufferyard area is measured per 100 linear feet and is based on the following table.

Bufferyard Type	Evergreen Trees	Deciduous Trees (Large)	Deciduous Trees (Small)	Shrubs (Large)	Shrubs (Small)
A — 20' wide	4	3	3	10*	10*
B — 30' wide	6	5	5	15*	15*

* 50 percent of all shrubs must be evergreen.

b. Buffer determination. The type of buffer required is based on the following table. Table is to be read in one direction only starting from the proposed development site zoning column.

	Adjacent Zoning & Required Buffer
Proposed Development Site Zoning	RS	RM
RS	N/A	N/A
RM	A	N/A
O, OII, NB	A	A
OB, CB-I, CB-II, RES, INST, HB, RB, RIVER, CI, IND, LI	B	A
UV, NCD, UR, UP	B	A
Expansion Zoning Districts (except CBD EXP)	B	B

c. Buffer location. Buffers shall extend along the entire property line which is adjacent to the properties of dissimilar zoning designation. Buffers are to be located on the property of the person developing the new or changing land use, between the property line and any vehicular use areas, buildings, storage, service areas, or other area of activity.

d. Species composition. Plantings in buffer areas shall be an appropriate mix of native species or other species suitable to naturalizing in woodland settings. Buffers in the river district shall be composed of species appropriate to a river environment. Consult the City of Asheville Recommended Species List for a list of approved species.

e. Placement of buffer plantings. The exact placement of the required plants shall be the decision of the developer or designer, but shall be approved by the planning and development director. Plants should be placed in a manner to serve as an effective and attractive screen year-round when viewed from any area accessible to the public or from adjacent properties. Trees or shrubs should be planted at least five feet away from the property line to ensure maintenance access and to avoid encroaching upon neighboring property.

f. Setbacks. Wherein a setback and bufferyard are required along the same property line that with the greatest dimensional width shall be applicable. If the setback is greater than the bufferyard, the total number of required plant material shall be distributed throughout the wider setback.

g. Corner lots and through lots. No buffer will be required along the front property line of any lot; however, a lot with more than one street face will require a buffer along the secondary street face when it is adjacent to a dissimilar zoning district. Buffer requirements are waived in lieu of street trees and street buffers, as applicable, provided the building façade is that street frontage is pedestrian oriented with functioning pedestrian entrances that open onto public sidewalks.

h. Encroachments. The following site features may be permitted to penetrate or encroach into a required buffer area provided that the total number of required plantings is still met.

· Approved driveway openings

· Pedestrian or bicycle paths

· Designated greenways

· Utilities

· Walls/fences

i. Prohibitions in a buffer. The following are specifically prohibited from encroaching into required buffer areas:

· Loading areas

· Storage areas

· Parking areas

· Driveways and drive aisles, other than approved openings

· Dumpsters

· Stormwater retention/detention structures

j. Buffer along the Blue Ridge Parkway. In order to preserve views and mitigate the impacts of adjacent development from the Blue Ridge Parkway or other scenic corridors officially designated by city council or the North Carolina Department of Transportation, new developments adjacent to these corridors shall provide a Type 'B' buffer as required by this subsection.

k. Grading activity in the bufferyard. When possible, grading should not occur within a required bufferyard. If grading within the required bufferyard proves necessary then the developer is required to plant trees and shrubs which are 50 percent larger than otherwise required in order to quickly re-establish a visual buffer. Grading in the required bufferyard shall not exceed a 3:1 slope.

l. Overlapping requirements. Fifty percent of buffer plants that are within 15 feet of a vehicular use area may also be counted towards the parking lot landscaping.

(2) Street buffers. Street buffers are designed to provide for a separation of activities and a more comfortable pedestrian environment. The street buffer is required in addition to the street trees planted in a ten-foot planting strip as required in subsection 7-11-2(d)(3)(c).

a. Street buffer determination. Vehicular use areas greater than 4,000 square fee that are located within 50 feet of the edge of a street must be buffered from the street.

b. Calculating the requirement. One evergreen or deciduous shrub planted for every five linear feet of buffer required. Species selected must achieve a minimum of three feet in height at maturity.

street buffer

(3) Street trees. Street trees are required for all new developments except for single- or two-family homes. This requirement is designed to create or enhance an attractive streetscape pattern while contributing to Asheville's urban forest and a more comfortable pedestrian environment.

a. Street tree determination. Street trees are required along all street frontages.

b. Calculating the requirement. Street tree requirements are as follows:

· Overhead utilities present — One small maturing tree (less than 35 feet in height at maturity) for every 30 linear feet of property abutting a street.

· All other conditions — One large maturing tree (greater than 35 feet in height at maturity) for every 40 linear feet of property abutting a street.

c. Street tree spacing. Trees may be evenly spaced or staggered to accommodate other site features. In no case shall a required street tree be closer than 15 feet or farther than 65 feet from another required tree. No street tree shall be farther than 20 feet from the edge of pavement or, in cases of planned road widening, 20 feet from the proposed edge of pavement. Existing trees credited towards street tree requirements shall meet spacing requirements.

tree spacing

d. Planting strip. Trees shall be placed in a planting strip the width of which may vary but shall maintain a minimum of not less than seven feet and an average width of ten feet. The planting area must be covered with living material, including groundcover and/or shrubs, except for mulched areas directly around the trees so that no soil is exposed. No stone much is permitted in the planting strip. Sidewalks may interrupt the planting strip provided the width on either side of the sidewalk totals ten feet. (See the City of Asheville Standards and Specifications Manual for detail(s))

e. Street trees in Urban Zoning Districts. Street trees required within the Central Business, Urban Village, Neighborhood Corridor, Urban Residential and Urban Place districts may utilize other urban forms and technologies such as tree pits with grates or trenches. New trees where sidewalk construction is required shall provide a minimum root zone area of 300 cubic feet of organically amended soil, or structural soil alternative, in one of the following forms:

i. A reinforced suspended sidewalk system around a tree grate;

ii. A continuous planting area between trees that is a minimum of four feet wide;

iii. A system of tree grates or previous paving that allows water infiltration and oxygen exchange for tree root systems;

iv. An on-street bulb-out which has been reviewed and approved by the traffic engineer for traffic safety.

f. Trees in public rights-of-way. Street trees may be located within the city's rights-of-way but must be of a species approved by the city arborist. Trees located in other public rights-of-way must provide an encroachment agreement from the regulating agency.

(4) Parking lot landscaping. Trees and shrubs are required in and around parking lots in order to provide attractive views from roads and adjacent properties, provide shade to reduce the heat generated by impervious surfaces, reduce glare from parking lots, and to help filter exhaust from vehicles.

a. Parking lot determination. Parking lots with six or more spaces shall require parking lot landscaping.

b. Calculating the requirement. One deciduous tree and four shrubs for required for every 1,500 square feet of vehicular use area (VUA). At least 75 percent of the required deciduous parking lot trees must be large-maturing trees. Trees and shrubs must be planted within 15 feet of the vehicular use area to count as parking lot landscaping.

c. Interior rows of parking. When more than four trees are required in a parking lot with interior rows, 50 percent of the trees and shrubs must be planted in islands or medians located within the parking lot.

d. Multiple parking bays. When more than four bays of parking are proposed, an interior island with an average width of 20 feet and a length equivalent to the length of the average parking bay is required. This island must be planted and include a pedestrian walkway no less than five feet wide and placed in a location that enhances pedestrian circulation, preferably leading directly to a building entrance or sidewalk.

parking bays

e. Perimeter parking spaces. All continuous runs of 15 or more parking spaces shall be interrupted by a tree island.

perimeter parking

f. Minimum island size. The minimum island size shall be 200 square feet of pervious planting surface per tree. Islands must maintain an average width of ten feet with a minimum width no less than five feet.

g. Protection of trees. Curbing, bollards, or parking barriers shall protect trees and shrubs within five feet of the edge of the pavement. Trees and shrubs in islands should be set back at least three feet from the curb so as not to interfere with car doors opening.

h. Canopy coverage. Each parking space shall be located within 60 feet of a tree as measured from the trunk of the tree to the closest point of the parking space.

i. Parking decks. Exposed parking decks are required to plant a minimum of one tree and two shrubs for every 30 linear feet of the parking structure's perimeter. Trees shall be planted within 20 feet of the structure. This requirement shall be waived for any side of the structure where the property line buffer standards of subsection 7-11-2(d)(1) require a greater number of plantings.

j. Additional landscaping required for parking lots exceeding the maximum number of parking spaces. When the number of parking spaces exceeds the maximum city parking standards as set forth in section 7-11-1, one tree and two shrubs per 1,000 square feet of the additional vehicular use area shall be required in addition to the minimum requirements of this subsection.

k. Landscaping of parking areas and other uses by right, subject to special requirements and conditional uses. All parking areas required for specified uses outlined in article XVI shall be screened from adjacent properties with a mix of evergreen and deciduous trees and shrubs to result in a vegetative screen that is 75 percent opaque year round.

(5) Building impact landscaping. Building impact landscaping shall be required for new or existing buildings in order to soften views from roads and adjacent properties, provide shade to reduce the heat generated by impervious surfaces, reduce glare, and to help enhance the urban landscape.

a. Building impact determination. All new developments with an existing or proposed building with a footprint greater than 3,000 square feet. Developments with more than one building shall combine the total footprint areas.

b. Calculating the requirement. One tree and two shrubs for every 1,000 square feet of building footprint. Trees and shrubs may be planted anywhere on site.

(6) Screening of dumpsters, loading docks, outdoor storage areas, and utility structures. All dumpsters, loading docks, mechanical equipment, residential garbage containers (over four), or utility structures visible from a public street or adjacent property line shall be screened unless already screened by an intervening building or bufferyard. All enclosed outdoor storage areas greater than 25 square feet shall also be screened from adjacent properties and streets. Screen types include:

· A continuous hedge of evergreen trees and/or densely twigged deciduous trees planted in a seven- foot strip spaced no more than eight feet apart.

· 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. Such wall landscaping planting area.

(7) Tree save areas. Residential projects shall preserve a portion of a site area dedicated to the preservation and/or establishment of natural woodland areas. These areas shall be delineated on the required site plan or final plat.

a. Tree save area determination. All new residential multi-family developments of eight or more units and major subdivisions of eight or more lots are required to have dedicated tree save areas. See subsection 7-11-3(b)(3) for exemptions.

b. Calculating the requirement. Thirty percent of the total site area must be delineated on an approved site plan or an approved preliminary and final plat as tree save area. Each acre of designated tree save area must be planted at the following rate; areas less than one acre will be required a pro-rated amount plants:

Minimum Number of Trees/Shrubs	Minimum Size
14 Large Maturing Trees	2 inch caliper
7 Large Maturing Trees	3 inch caliper
5 Understory Trees	1.5 inch caliper
50 Shrubs	18" high or 3 gal. container

c. Species composition. Trees and shrubs native to Western North Carolina must be used. No single tree species shall constitute more than 20 percent of the total requirement. No single species shall constitute more than 30 percent of the total shrub requirement; native rhododendron or mountain laurel may constitute 50 percent of the total shrub requirement.

d. Minimum tree save area size. Tree save areas may be divided into more than one pocket provided no single area is less than 5,000 square feet.

e. Qualifying areas. Open, common space areas and required property line buffers may be included in the required tree save areas. For major subdivisions, a minimum of 50 percent of the required open space area shall also be tree save area.

(e) Alternative compliance. The landscape requirements are intended to set minimum standards for quality development and environmental protection; site conditions or other reasons may justify the need to request an alternate method of compliance. The applicant must submit a plan of the area for which alternative compliance is requested to the planning and development director. The site plan shall show existing site features and any newly proposed features, if applicable.

(1) Alternative buffers. Buffer requirements may be adjusted through an alternative compliance determination if one or more of the following objective standards are met:

a. Vertical separation. When a topographical change greater than 15 feet exists, a buffer width may be reduced by 50 percent provided the balance of the buffer material is placed at the top of the bank. Plantings may be placed on the high side of the bank provided the bank does not exceed a 3:1 slope. A section drawing is required.

vertical sep

b. Horizontal separation. When an undisturbed area is greater than twice the required buffer width, the number of required plant material in a buffer may be reduced by 50 percent.

horizontal sep

c. Geologic features, drainage channels or streams. The placement of plant material may be adjusted to accommodate the natural features of a site provided the total amount of required plant material is provided.

d. Plant communities. The composition of a plant material in a buffer may be adjusted to accommodate a naturally occurring plant community or a documented historical pattern provided an equivalent number of plants are provided.

e. Site constraints. For all infill and/or adaptive re-use sites where existing utilities, structures, and/or other infrastructure creates a physical constraint to providing the required buffers; buffer widths and plantings may be reduced by 50 percent with the installation of a six-foot high, opaque privacy fence or wall (finished face out). Plantings must be located within a seven-foot side planting area located on the exterior of the fence facing the adjacent property. This alternative may not be used when existing parking infrastructure exceeds minimum parking requirements.

(2) Alternative buffering from the street. Buffering from the street requirements may be adjusted through an alternative compliance determination if the following objective standards are met:

a. A natural grade change or manmade berm creates a minimum three-foot vertical separation and is completely covered with trees, shrubs, perennials, and/or groundcover.

(3) Alternative parking lot landscaping. Parking lot landscaping requirements may be adjusted through an alternative compliance determination if one or more of the following objective standards are met:

i. Island size. The minimum island size of 200 square feet of planting area per tree may be reduced to:

· 100 square feet per tree provided that a minimum width of four feet is maintained and, when combined with a subsurface structure, provides a total aerated area greater than 300 square feet per tree. Construction detail must be provided.

· 150 square feet per tree provided that a minimum width of five feet is maintained and, when combined with a pervious block paver, provides a total pervious surface area greater than 300 square feet. Construction detail must be provided.

· 150 square feet per tree provided that the islands are existing and the trees are found to be in good health and are identified to be preserved on the landscape plan.

ii. Interior plantings (total number of plantings). The requirement for plantings in interior islands may be reduced by 30 percent if all interior islands and/or perimeter parking lot landscaping are designed to allow for water collection and retention. These islands shall be planted with water tolerant species and shall not be fenced. Construction detail(s) must be provided.

iii. Tree spacing and interior planting. The requirement for all parking spaces to be located within 60 feet of a tree may be waived for businesses whose parking fields double as outdoor display or storage areas, and the requirement for plantings in interior islands may be reduced by 50 percent, provided that the total interior island requirements are met with larger consolidated islands where a minimum of 50 percent (total square footage) of the islands are designed to allow for water collection and retention. The islands shall be focused towards the perimeter of the site or in a central area and designed so that stormwater runoff can be captured through bio- swales and or constructed wetlands installed in these areas. These islands shall be planted with water tolerant species and shall not be fenced. In no case shall this standard be applied to typical parking lots where the vehicles are not owned by a single entity. Construction detail(s) must be provided. This reduction for tree spacing and interior planting shall not be applied to other categories of landscaping required by this ordinance.

(4) Alternative street tree requirements. Street tree requirements may be adjusted through alternative compliance if one or more of the following objective standards are met:

a. Planting strip width. The required ten-foot wide planting strip for street trees may be reduced if one or more of the following objective standards apply:

· An existing sidewalk, building(s) and/or other infrastructure prevents its installation. In no case shall the planting strip be less than five feet wide or planting area less than 200 square feet per large maturing tree, or 150 square feet per small maturing tree.

· The predominant existing street tree pattern within 500 feet (both directions on both sides of the street) displays a different pattern. In no case shall the planting strip be less than five feet wide.

· A subsurface structure is used to allow for an aerated area of 200 square feet per tree. Construction detail must be provided.

· An adopted streetscape plan, corridor plan, and/or neighborhood plan calls for a different standard and the development complies with this standard.

(5) Other alternative compliance requests. All other alternative compliance requests not identified in this subsection may be reviewed by the Asheville Tree Commission who will act as an advisory board to the planning director. The applicant for such a request shall submit a list of all adjacent property owners to be notified by mail at least ten days in advance of the meeting of the tree commission where the request is to be considered. All notices shall be sent with delivery confirmation and shall state:

· A general description of the request

· The time and place of the meeting

· Contact information

· The requirements of this section (i—vii) with a description of how the request meets each of these standards.

The commission, upon consideration of such a request may recommend approval, approval with conditions, or denial of the request. After receiving the recommendations of the tree commission, the planning director shall make the final decision on such requests, and shall provide a copy of that decision to any adjacent property owners who have requested one. In the event that the planning director rejects the tree commission's recommendation, all adjacent property owners will be notified in writing. Except as set forth in subsection 7-11-3(e)(5)b. below, the tree commission may not recommend, nor the planning director approve, an alternative that reduces the standard requirements by more than 50 percent. Applicants or other aggrieved parties may appeal a decision to the Asheville Board of Adjustment in the manner provided for appeals of administrative decisions in article VI of this chapter.

a. Alternative compliance standards. No request for alternative compliance under this section may be approved unless the information provided in support of the request shows the following:

i. The site in question is affected by physical conditions or constraints, not attributable to proposed site design or building design, that make compliance with the standard requirements practically impossible.

ii. The physical conditions or constraints are not a result of the applicant's own actions.

iii. The proposed alternative will not present a safety hazard.

iv. That proposed alternative will, upon maturity, provide landscaping that is equal to or better than the standards requirements.

v. The proposed alternative is designed to address plant health and vigor.

vi. The proposed alternative is reasonably compatible with the natural and topographic features of the site.

vii. The proposed alternative supports the purpose statement noted in 7-11-2(a).

b. Alternative compliance with existing structures and utilities. The Asheville Tree Commission may recommend (and the planning director may approve) landscape alternatives with a greater than 50 percent reduction where the location of existing structures or utilities creates a situation where an applicant wishing to reuse/rehabilitate a structure is unable to comply. In these situations, the tree commission may recommend any degree of reduction but shall also consider on-site alternatives to the landscape standards in order to mitigate the loss of the required landscaping. Mitigation measures should be considered by the commission in addition to the alternative compliance standards set forth in subsection a. above.

(f) Compliance and maintenance. Vegetation shall be planted and maintained to ensure the best chance of survival and to reduce the potential expense of replacing damaged plant materials

(1) Certificate of compliance. Landscaping must be installed and inspected by the City of Asheville prior to receiving a certificate of compliance. If the season or weather conditions prohibit planting the materials, the developer may provide a bond, an irrevocable letter of credit, or other financial surety in an amount equal to one and one-half times the estimated cost of installing the required landscaping to guarantee the completion of the required planting. Upon approval of the financial surety, the certificate of compliance shall be issued. The financial surety shall be for a period not to exceed 12 months. The surety shall be canceled and/or returned upon completion of the required landscaping.

If a developer provides satisfactory evidence that a bond or surety as required by this paragraph has been requested and that the developer and project otherwise qualify for said bond or surety, and that said request has been turned down by two or more financial institutions for reasons unrelated to the qualifications of the developer or project, the planning director may enter into an agreement with the developer for the delayed completion of the required work; provided, that said agreement may not apply to improvements or features that are required for safety purposes, or are prescribed by statute or state codes or regulations. By way of illustration and not limitation, said agreement (1) shall establish a schedule for the completion of improvements, (2) shall contain provisions relating to enforcement of its terms, and (3) shall specify penalties for breach, (4) shall be subject to approval of the city attorney, and (5) may be recorded in the office of the register of deeds wherein the property is located.

(2) Maintenance. The owner or lessee of the property where landscaping is required shall be responsible for the maintenance and protection of all required and preserved plant and screening material. Landscaped areas shall be maintained in good condition and kept free of debris. When street trees planted to satisfy the requirements of 7-11-3(d)(3) are located in the public right-of-way, they shall be maintained by the owner of the property that originally installed said street trees for a period of two years after planting.

(3) Plant specifications.

a. Recommended plant species. Plants may be chosen from the recommended plant species list as maintained by the City. Specific riparian species, as identified in the recommended species list, trees and shrubs for damp sites and river districts, shall be required for developments located within the 100-year flood plain. The list encourages the use of plant materials which are indigenous to this region and are readily available from local nurseries. Plant materials which are not on the list may also be used following approval from the director of Development Services or designee.

b. Minimum plant size requirements. All required vegetation shall meet the following minimum size requirements at planting. Additionally, all plants must meet the requirements of the most recent edition of the American Standards for Nursery Stock, ANSI 260.1. Plants must be healthy, well- branched, and free of disease and insect infestation.

i. Large-maturing deciduous tree: Greater than 35 feet at maturity. Minimum size at planting shall be two inches caliper and 12 to 14-foot height.

ii. Small-maturing deciduous tree: Smaller than 35 feet at maturity. The minimum tree size shall be at least one and one-half inch caliper or eight to ten feet high at time of planting.

iii. Evergreen tree: Minimum height of six feet at time of planting.

iv. Large shrub: Minimum five gallon container or ten-inch root ball with a height of 24 inches at time of planting.

v. Small shrub: Minimum three gallon container or eight-inch root ball with a height of 18 inches at time of planting.

(4) Tree pruning standards. Trees located within the city's public right-of-way cannot be pruned or removed without a permit from the Asheville Public Works Department as required by chapter 20 of the Code of Ordinances of the City of Asheville. All other required trees shall be pruned in accordance with the American National Standard for Tree Care operations A300 published by the American National Standards Institute. Tree owners and their agents are encouraged to hire businesses that employ certified arborists who can supervise the pruning work on site and ensure that proper pruning is being performed (See the City of Asheville Standards and Specifications Manual for details). In addition, the following standards shall apply to required trees:

a. Co-dominant stems less than four inches in diameter at the fork shall be pruned off and one main stem shall remain.

b. Pruning shall be done such that a tree's natural form is maintained by the greatest extent possible.

c. Tree topping or heading is not permitted.

d. Reasons for which tree pruning is not permitted include, but are not limited to:

· Sign installation, clearance, or visibility; excluding traffic, directional, warning, or information signs owned by any public or semi-public agency.

· Visibility of a structure and/or outdoor display area.

· Clearance for equipment traffic or storage, the erection of temporary structures, or materials storage within the tree protection zone.

(5) Failure to maintain. Failure to maintain or replace dead, damaged, or diseased material or failure to maintain or repair a fence or wall installed as a buffer shall constitute a violation of this chapter and shall be subject to the penalty provisions in section 7-18-2 if not corrected or replaced within 30 days of notification. If an act of God or other catastrophic event occurs which destroys a large quantity of vegetation, the owner or lessee shall have 120 days to replant. Replaced plant material must be in compliance with the minimum size, spacing, and quantity standards of this chapter.

(6) Un-approved removal or noncompliant pruning. Removing required landscaping or undertaking pruning actions that do not conform to the requirements of this section shall constitute a violation of this chapter and shall be subject to the penalties described in chapter 10, appendix B. Additionally, all affected areas must be replanted to current standards.

(g) Clearing of land time limit. In districts where speculative grading is prohibited and land is cleared through issuance of a grading permit; the owner shall be required to replant the cleared property to its original state based on tree counts and other information originally submitted to the City of Asheville if construction does not begin within six months from the date that the grading activity ceases.

(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2638, § 1, 11-9-99; Ord. No. 3156, § 1, 8-24-04; Ord. No. 3157, § 1(a)(8), 8- 24-04; Ord. No. 3479, § 1(a), 5-22-07; Ord. No. 3700, § 1k, 2-10-09; Ord. No. 3708, § 1, 3-10-09; Ord. No. 3710, § 1, 3-10-09; Ord. No. 3740, § 1, 6-9-09; Ord. No. 3741, § 1, 6-9-09; Ord. No. 3791, § 1b, 9-22-09; Ord. No. 3929, § 1e, 11-23-10; Ord. No. 4305, § 1, 4-22-14; Ord. No. 4560, § 1m, 2-14-17; Ord. No. 4608, § 1(t), 8-22-17; Ord. No. 4824, § 1c—f, 9-8-20; Ord. No. 4361, § 1ee—gg, 3-23-21)

Sec. 7-11-4. Open space standards.

(a) Purpose. The open space standards contained herein are established to provide for the reservation and protection of open spaces in both residential and non-residential developments located in the City of Asheville. Providing open space serves a variety of purposes, including promoting an environmental ethic by creating comfortable, welcoming, accessible spaces that provide for refuge, recreation, and contemplation in an outdoor environment. Open spaces support a livable city by providing places and tree cover for shade, stormwater mitigation, heat island mitigation, air quality, a diversity of wildlife habitat, social opportunities, and the associated mental health benefits.

(b) Applicability. These standards shall apply to:

1. Major or minor subdivisions

2. New construction meeting the threshold of a level I, II, or III development project

1. Projects located in the following zoning districts: CBD, CBD EXP, River Arts Form District.

2. Properties with historic landmark designations.

3. Residential developments of seven or less units or lots

4. Building expansions or additions that are less than 50% of the pre-expansion gross floor area.

5. Major subdivisions that, as an alternative to providing open space, increase areas dedicated to Tree Canopy Preservation by an additional 10 percent.

(d) General.

1. Open space typologies.

a. Recreational open space. Open space may include active or passive recreation such as outdoor swimming pools, playgrounds, sport courts, dog parks, community gardens, parks, pavilions, courtyards, seating areas, outdoor dining areas, plazas or upper-level facilities such as shared or common balconies, rooftop decks or rooftop gardens.

b. Natural open space. Up to 50% of the required open space may include naturally-occurring resources such as open water, streams, riparian areas, wetlands, forested areas, tree canopy preservation areas, aquatic buffers/floodplains and designated steep slope areas. In order to qualify, natural open space areas must also provide pedestrian access on a path that must meet the following:

i. In addition to the path, at least one other amenity must be provided such as seating/ benches, picnic tables, or viewing platforms;

ii. The average slope of the path shall be less than 15 percent;

iii. Paths must measure at least 80% of the longest distance (length or width) of the open space or 500 feet, whichever is less.

c. Public amenities. Land set aside for public use including greenways, sidewalks, streetscape and hardscape areas that allow for public gathering such as sidewalk cafe areas, areas containing public art, and similar urban amenities that measure at least 14 feet wide may be counted in their entirety.

d. Stormwater control measures. Above ground land used for stormwater management (provided such land is not separately fenced) that is developed using stormwater green infrastructure design methods and integrated into the pedestrian experience (e.g. rain gardens, bioswales, green roofs or similar features). Dry and wet detention basins, constructed wetlands, or similar structures that have no pedestrian access (e.g. integrated trail, bench, overlook, or other similar feature) shall not count for more than 25% of the required open space.

e. Property line buffer. Land designated as a property line buffer when providing pedestrian access and with an average slope of less than 15 percent.

2. Designation of open space. Areas that are shown as open space shall be identified and recorded. Recorded documents may include: approved site plans, subdivision plats, easements, or deeds.

3. Subdivisions. Open space shall be located on its own lot, without any homes, and commonly owned and/or deed restricted as open space.

4. Availability. Open spaces may be restricted to owners, residents, or members of a community or organization that is related to the development for which the open space was required. If the open space is designated as a public amenity, it shall be made available to the public but may be privately maintained unless otherwise agreed to by the city.

5. Maintenance. The owner or lessee of the property designated as the open space shall be responsible for the maintenance of the open space area. Open space areas, furniture, and required vegetation, shall be maintained in good condition and shall be kept clear of debris and graffiti. Failure to maintain the area shall constitute a violation of this chapter and subject the violator to the penalty provisions of section 7-18-2. Alternatively, if approved and accepted by the city, the land may be dedicated for public use and thereafter maintained by the city.

6. Open space in perpetuity. All required open space shall be maintained in perpetuity in accordance with the approved plan, unless an amendment to the plan is approved.

(e) Standards. Open space shall be provided based on the following.

1. Quantity. The amount of required open space shall be based on the total parcel area, except that for subdivisions road rights-of-way shall be subtracted.

DEVELOPMENT TYPE	PERCENT OPEN SPACE
DEVELOPMENT TYPE	Less than 1 acre	1 acre or more
Subdivisions (8+ lots)	15%*
Multifamily Residential	8-19 units: 10% 20-49 units: 15% 50+ units: 20%	50%*
Non-Residential	10%	50%*
Mixed-use	10%	50%*
* See Permitted reductions, below

2. Dimensions.

a. Minimum dimension. The minimum dimension of any open space shall measure at least 10 feet in all directions, except that rooftop or balcony open spaces shall have a minimum dimension of seven feet in all directions.

b. Minimum area. The minimum size of individual areas designated as open spaces shall not be less than 400 square feet.

c. Setbacks. Required setbacks may be counted towards open space but shall not constitute more than 50 percent of the open space requirement.

d. Subdivisions. In residential subdivisions, open spaces shall have at least one side along street frontage that measures an average of at least 40 feet wide for a minimum depth of 20 feet. As an alternative, a path or trail measuring a minimum of 12 feet in width may be used to connect the street frontage to a designated open space. In this alternative of a path to open space, the required open space is increased to 120 percent of the required open space and must provide pedestrian access that shall be identified and recorded as such on the subdivision plat.

e. Greenways. Greenways that are constructed for open space shall meet the dimensional requirements as defined in the Standards and Specifications Details Manual (SSMD). Fee-in-lieu may be applied for greenway areas that do not provide sufficient open space on site.

f. Contiguity. Open space should adjoin any neighboring areas of open space, tree preservation areas, or other protected areas and non-protected natural areas. In addition, open space shall meet the following requirements:

i. At least 50 percent of the required open space must be located in one contiguous area.

ii. Open spaces containing retaining walls over 18 inches in height must provide a walkable connection that is a minimum of six feet wide.

3. Permeability. Open space areas shall not include surfaces that are more than 50 percent impervious. This shall not apply to greenways. For open space purposes, impervious surfaces that drain into designated open spaces using stormwater green infrastructure techniques (e.g. disconnected impervious surfaces, infiltration strip, bioswale, etc.) shall be considered pervious.

4. Special open space standards.

a. Projects in the Haywood Road Form District shall be subject to the open space standards enumerated in that district alone.

b. Projects located in the UV, NCD, and URD zoning districts shall follow the standards enumerated above in addition to the special standards identified in those zoning districts.

(f) Permitted reductions of required open space. As an incentive for design alternatives providing other public benefits, the open space requirements may be reduced according to the options below.

1. For development projects encompassing parcels one acre or more in size, open space requirements may be reduced to the standards assigned to parcels that are less than one acre if either:

a. Stormwater. A project elects to meet the stormwater requirements found in Sec. 7-12-2(f) or is otherwise required to meet those same requirements; in cases where the pre-development runoff coefficient value or curve number of the site is greater than 0.35 or 55, respectively, the pre-development runoff coefficient value/curve number to be applied shall be 0.35/55, or

b. Affordable housing. The project is predominantly (at least 50 percent) residential and over 30 percent of the units meet the city's affordable housing standard of being affordable to those at or below the percentage of area median income specified in the City's Land Use Incentive (LUIG) policy with half of the affordable units accepting rental assistance/housing choice vouchers.

2. Open space requirements may be reduced by five percent when meeting the following design elements:

a. Cohesion. At least 70 percent of the required open space is contiguous.

b. Slope. All required open space shall have an average slope of less than 15 percent with at least 50 percent of the open space maintaining an average slope that is five percent or less.

c. Shape. The shape of the open space shall be rectangular with the longest dimension less than 160 percent of the shortest dimension, unless the average width is greater than 40 feet.

d. Seating. Seating shall be provided for the open space. For every 250 square feet of required open space, one linear foot of seating shall be provided. Seating shall provide a mix of seating types, such as conventional seating with armrests and backs as well as informal seating (i.e. steps, edges of raised planters, boulders, etc).

3. Greenways. If any portion of the site of the proposed development is identified on the greenway master plan, and if the developer/applicant agrees to dedicate all of the land necessary to complete the section of the greenway through the subject property at no cost to the City, the open space requirement may be reduced per the following:

a. When the greenway easement is over ten percent of the site area, the open space requirement shall be satisfied.

1. When the greenway easement is less than ten percent of the site area, additional open space shall be provided to meet a cumulative total of at least ten percent, with a preference for the provision of open space to be adjacent to the greenway.

(g) Prohibitions. In no case shall open space contain any of the following:

1. Streets, driveways, or parking areas

2. Above-ground utility cabinets larger than two square feet

3. Fenced stormwater ponds

4. Structures, other than recreation community facilities such as outdoor pools, playgrounds, and open air gazebos and pavilions

5. Hazardous or toxic waste or materials as defined by state or federal regulations (except if covered by a city-approved mitigation plan)

6. Overhead electric transmission lines or their rights-of-way

7. Natural gas transmission line rights-of-way

8. Interior parking lot planting islands

(h) Fee-in-lieu for open space. For open space requirements of 5,000 square feet or less where the property does not contain a designated greenway as shown on the Greenway Master Plan, a property owner may elect to pay a fee-in-lieu of open space instead of providing the open space. In accordance with North Carolina Statutes, this fee shall be calculated by using the pro rata value of the designated open space based on the tax assessed value of the development or subdivision as established by Buncombe County and shall be used to acquire or develop recreation or open space areas serving residents of the development or subdivision for which the fee was collected or more than one subdivision or development within the immediate area. For open space requirements of more than 5,000 square feet, fee in lieu may not be used to satisfy the requirements.

(Ord. No. 2369, § 1, 5-27-97; Ord. No. 3328, § 1(l), 1-24-06; Ord. No. 3417, § 1(d), 11-28-06; Ord. No. 3492, § 1, 6-19-07; Ord. No. 4244, § 1, 10-22-13; Ord. No. 4560, § 1n, 2-14-17; Ord. No. 4361, § 1hh, 3-23-21; Ord. No. 4961, § 1e, 7-26-22; Ord. No. 5013, § 1, 5-9-23)

Sec. 7-11-5. Zoning vested right.

(a) Purpose. The purpose of this section is to implement the provisions of N.C. Gen. Stat. sec. 160A-385.1 pursuant to which a statutory zoning vested right is established upon the approval of a site specific development plan.

(b) Approving authority. The Asheville City Council shall be the approving authority for zoning vested rights.

(1) A zoning vested right shall be deemed established upon the valid approval, or conditional approval, by the Asheville City Council of a site specific development plan, following notice and public hearing.

(2) The Asheville City Council may approve a site specific development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare.

(3) A site specific development plan shall be deemed approved upon the effective date of the Asheville City Council's action.

(4) Notwithstanding the above information, approval of a site specific development plan with the condition that a variance be obtained shall not confer a zoning vested right unless and until the necessary variance is obtained.

(5) The establishment of a zoning vested right shall not preclude the application of overlay zoning that imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations that are general in nature and are applicable to all property subject to land- use regulation by the City of Asheville, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. Otherwise applicable new or amended regulations shall become effective with respect to property that is subject to a site specific development plan upon the expiration or termination of the vested right in accordance with this section.

(6) A zoning vested right is not a personal right, but shall attach to and run with the applicable property. After approval of a site specific development plan, all successors to the original landowner shall be entitled to exercise such right while applicable.

(d) Approval procedures and approving authority.

(1) Except as otherwise provided in this section, an application for site specific development plan approval shall be processed in accordance with the procedures established by ordinance and shall be considered by the Asheville City Council for the specific type of zoning or land use permit or approval for which application is made.

(2) Notwithstanding the provisions referenced above, if the authority to issue a particular zoning or land use permit or approval has been delegated by ordinance to a board, committee, or administrative official other than the Asheville City Council or the board of adjustment of the City of Asheville, in order to obtain a zoning vested right, the applicant must request in writing at the time of application that the application be considered and acted on by the Asheville City Council, following notice and public hearing as provided in N.C. Gen. Stat. sec. 160A-364.

(3) In order for a zoning vested right to be established upon approval of a site specific development plan, the applicant must indicate at the time of application, on a form to be provided by the City of Asheville, that a zoning vested right is being sought.

(4) Each map, plat, site plan, or other document evidencing a site specific development plan shall contain the following notation: "Approval of this plan establishes a zoning vested right under N.C. Gen. Stat. sec. 160A-385.1. Unless terminated at an earlier date, the zoning vested right shall be valid until (date)."

(5) Following approval or conditional approval of a site specific development plan, nothing in this section shall exempt such a plan from subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval, provided that such reviews and approvals are not inconsistent with the original approval.

(6) Nothing in this section shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or this chapter.

(e) Duration.

(1) A zoning right that has been vested as provided in this section shall remain vested for a period of two years. This vesting shall not be extended by any amendments or modifications to a site specific development plan unless expressly provided by the Asheville City Council at the time the amendment or modification is approved.

(2) Upon issuance of a building permit, the expiration provisions of N.C. Gen. Stat. sec. 160A-422 shall apply, except that a building permit shall not expire or be revoked because of the running of time while a zoning vested right under this section is outstanding.

(3) A zoning permit, conditional use permit, or approval of a preliminary plat for a proposed subdivision shall not expire or be revoked because of the running of time while a zoning vested right under this section is outstanding.

(f) Termination. A zoning right that has been vested as provided in this section shall terminate:

(1) At the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed;

(2) With the written consent of the affected landowner;

(3) Upon findings by the Asheville City Council, by ordinance after notice and a public hearing, that natural or manmade hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the site specific development plan;

(4) Upon payment to the affected landowner of compensation for all costs, expenses, and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural planning, marketing, legal, and other consultant's fees incurred after approval by the city, together with interest thereon at the legal rate until paid. Compensation shall not include any diminution in the value of the property which is caused by such action;

(5) Upon findings by the Asheville City Council, by ordinance after notice and a hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the Asheville City Council of the site specific development plan; or

(6) Upon the enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the site specific development plan, in which case the Asheville City Council may, by ordinance after notice and a hearing, modify the affected provisions upon a finding that the change in state or federal law has a fundamental effect on the plan.

(g) Voluntary annexation. A petition for annexation filed with the City of Asheville under N.C. Gen. Stat. sec. 160A-31 or N.C. Gen. Stat. sec. 160A-58.1 shall contain a signed statement declaring whether or not any zoning vested right with respect to the properties subject to the petition has been established under N.C. Gen. Stat. sec. 160A-385.1 or N.C. Gen. Stat. sec. 153A-344.1. A statement that declares that no zoning vested right has been established under N.C. Gen. Stat. sec. 160A-385.1 or N.C. Gen. Stat. sec. 153A-344.1, or the failure to sign a statement declaring whether or not a zoning vested right has been established, shall be binding on the landowner and any such zoning vested right shall be terminated.

(h) Limitations. Nothing in this section is intended or shall be deemed to create any vested right other than those established pursuant to N.C. Gen. Stat. sec. 160A-385.1.

(i) Repeal. In the event that N.C. Gen. Stat. sec. 160A-385.1 is repealed, this section shall be deemed repealed and the provisions hereof no longer effective.

(j) Building permit vested right. Amendments, modifications, supplements, repeal, or other changes in zoning regulations and restrictions and zone boundaries shall not be applicable or enforceable without consent of the owner with regard to lots for which building permits have been issued pursuant to N.C. Gen. Stat. sec. 160A-417 prior to the enactment of the ordinance making the change or changes so long as the permits remain valid and unexpired pursuant to N.C. Gen. Stat. sec. 160A-418 and unrevoked pursuant to N.C. Gen. Stat. sec. 160A-422.

(Ord. No. 2369, § 1, 5-27-97; Ord. No. 3417, § 1(d), 11-28-06)

Sec. 7-11-6. Traffic impact analysis.

(a) Purpose. The purpose of this section is to ensure that applicants for new construction, additions and/or expansions to existing structures, and/or changes of use consider and mitigate the impact of the development on the existing and/or proposed roadway system. While the city and the State of North Carolina recognize their responsibility to build and maintain a public transportation system, the project applicants may need to assist in improving transportation facilities in order to maintain the existing level of service by accommodating additional traffic generated by the development. These transportation facilities involve pedestrian, non-motorized vehicular traffic and motorized vehicular traffic. The city's traffic engineering division will provide any necessary assistance in the preliminary review of these requirements.

(b) Traffic impact analysis required. All proposals for new construction, additions and/or expansions to existing structures, and/or changes of use which will result in total peak hour trips equal to or greater than 100 peak hour trips using trip generation rates from the most recent edition of the Trip Generation Manual published by the Institute of Transportation Engineers shall include an analysis of the traffic to be generated. The traffic impact analysis shall be submitted with the project application and shall include the following information:

(1) Introduction and summary.

a. Purpose of report and study objectives.

b. Executive summary.

1. Site location and study area.

2. Development description.

3. Principal findings.

4. Conclusions.

5. Recommendations.

(2) Proposed development (site and nearby)

a. Off-site development - provide map (the city's traffic engineer will identify).

b. Description of on-site development.

1. Land use and intensity.

2. Location - provide vicinity map.

3. Site plan.

4. Zoning.

5. Phasing and timing.

(3) Area conditions.

a. Study area (includes the project area and extends to any intersection where the volume of peak hour traffic on any approach leg will be increased by ten percent or more as a result of the additional traffic generated by the proposed use).

1. Area of influence - provide map.

2. Area of significant traffic impact - provide map. (signalized/unsignalized intersections and driveways)

b. Study area land use.

1. Existing land uses.

2. Existing zoning.

3. Anticipated future development.

c. Site accessibility.

1. Area roadway system.

a. Existing.

b. Planned completion by horizon year (shall be the year in which the project is to be completed).

c. Future (the city's traffic engineer will identify) proposed roadway improvements must be under construction and proposed for completion at the time of the issuance of the initial certificate of occupancy for the development in order for the improvement to be considered in the impact analysis.

2. Traffic volumes and conditions.

a. Provide a figure showing existing daily traffic volumes and peak hour turning movements for identified study intersections.

b. Provide all documentation in an appendix to the report.

3. Transit service.

a. Review existing transit routes serving the proposed site.

b. Review proposed transit routes serving the proposed site.

c. Provide adequate transit facilities for the proposed site.

4. Pedestrian access and circulation.

a. Review proposed pedestrian access and circulation amenities.

b. Provide adequate pedestrian facilities.

5. Other modes as applicable.

(4) Projected traffic.

a. Site traffic - existing and proposed zoning.

1. Trip generation* - provide tables.

a. Daily.

b. Peak hour - in/out and total - a.m./p.m.

2. Pass-by trips - to be determined by traffic engineer.

3. Trip distribution - provide figures.

4. Modal split - if applicable.

5. Trip assignment - provide figures.

b. Background traffic (horizon year shall be the year in which the project is to be completed).

1. Method of projection (the city's traffic engineer will provide factor).

2. Non-site traffic for anticipated development in study area.

a. Trip generation.

b. Trip distribution.

c. Modal split - if applicable.

d. Trip assignment.

3. Background traffic.

c. Total traffic (horizon year - provide two figures).

1. Background + (non-site) + (site-existing zoning) = total for each traffic movement.

2. Background + (non-site) + (site-proposed zoning) = total for each traffic movement.

(5) Traffic analysis - highway capacity manual/software.

a. Site access (review all access points).

b. Capacity and level of service - provide summary/worksheets in Appendix - include a copy on diskette.

1. Driveways (site).

2. Internal street intersections - if applicable.

3. External signalized/unsignalized intersections and driveways in study area as identified by the city's traffic engineer.

Provide comparative table for existing conditions, horizon year with existing zoning/non- site development, and horizon year with proposed zoning/development.

c. Review impact of cut-through traffic.

d. Traffic safety.

Analyze accident history including adjacent roadway system at signalized and unsignalized intersections as per city traffic engineer.

e. Traffic signals.

The City of Asheville reserves the right to install traffic signals at the time the development is completed. The developer may be desirous of placement and operation of a traffic signal to promote easier and safer ingress and egress to the development both on-site and off-site at an earlier date than the city would normally schedule and fund installation. The developer can purchase and install the traffic control signal hardware, meeting the specifications of the City of Asheville, including pre-emption hardware to expedite emergency vehicle response. The developer shall release, give or donate the traffic signal to the City of Asheville and shall retain no rights or ownership of personal property therein. Warrants (MUTCD) for any proposed traffic signals are to be provided in the appendix to the report.

NCDOT may require developer to fund any warranted traffic signal modifications on state system streets in Asheville.

f. Other traffic impact reviews. Review to include, but not limited to, parking analysis, internal circulation analysis, traffic calming measures and techniques, and traffic demand management requirements.

(6) Improvements analysis.

a. Improvements to accommodate site traffic.

b. Alternative improvements.

c. Status of improvements already funded, programmed or planned.

d. Evaluation.

* Institute of Transportation Engineers (I.T.E.) Trip Generation Handbook, latest edition.

(c) Improvements required. In those cases where the City of Asheville or the North Carolina Department of Transportation requires certain improvements to be constructed in order to accommodate additional traffic generated by the proposed developments, the improvements shall be funded and/or constructed by the project developer in accordance with the standards and direction provided by the City of Asheville or by the North Carolina Department of Transportation. The improvements shall be in place or under construction prior to issuance of any certificate of occupancy or certificate of completion required for any phase or portion of the project.

(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2428, § 15, 11-11-97; Ord. No. 2446, § 1, 1-13-98; Ord. No. 3417, § 1(d), 11- 28-06)

Sec. 7-11-7. Flexible development standards.

(a) Purpose. The purpose of this section is to provide the planning and development director, design review boards, and city council, as applicable, with the authority to allow deviations from the development standards for setbacks, front and corner side setbacks, lot area and dimension, number of parking spaces, signage, open space, landscaping, height, and building floor area set forth in this chapter provided that certain conditions exist. The intent of this section is to promote the orderly and efficient development of property.

(b) Approval of flexible development standards. Regardless of the minimum development standards otherwise required in this Code, the planning and development director shall administer the following flexible development standards for the purpose of facilitating the orderly development and redevelopment of property within the City of Asheville. Determination of the applicability of flexible development standards shall be made by the planning and development director, design review boards, and city council, as applicable and as provided in this section. The planning and development director, design review boards, and city council may place conditions on an approval to assure that the circumstances which warranted the application of the flexible development standards are maintained. Decisions by the planning and development director shall be in writing and may be appealed to the board of adjustment by following the procedures for such appeals provided in section 7-6-2 of this chapter.

(c) Flexible development standards permitted. The cumulative total of any flexible development standard applied to a property by category or location shall not exceed the maximums set forth in this section. The planning and development director shall maintain appropriate records to insure compliance with this provision.

(1) Setbacks. The planning and development director is authorized to approve requests that deviate from required setbacks set forth in article VIII of this chapter as follows:

a. Building additions - all zoning districts. Setbacks may be adjusted when flexibility is needed to accommodate a building addition that is less than 50 percent of the pre-existing gross floor area. In these instances, a deviation of ten percent or 24 inches, whichever is greater, may be granted upon determining that one or more of the following conditions exists:

i. The lot does not meet the dimensional standards established for the zoning district in which it is located.

ii. The structure is physically in line with an existing, legally established wall or walls of a principal structure already within the minimum setback area.

iii. The part of the proposed structure that would encroach into the minimum setback area is less than 50 percent of the width of the affected building facade(s), provided the part of the structure that would encroach into a front setback shall either be open, unheated space (such as a porch or screen room) or not subject to occupancy (such as a chimney).

iv. The part of the proposed structure that encroaches into the minimum setback area is necessitated by a life-safety code, flood hazard reduction, Americans with Disabilities Act standard, or other public safety code requirements.

b. Structures located in local historic districts and local historic landmarks. Setbacks may be adjusted for structures undergoing design review when flexibility is needed in order to comply with design standards. In these instances setbacks may be adjusted as follows:

i. Primary structures. Setbacks may be adjusted up to ten percent or 24 inches, whichever is greater.

ii. Accessory structures. Side and rear setbacks may be adjusted up to 36 inches.

(2) Parking garages and parking lots. Except for parking required for residential development of less than five units, the planning and development director is authorized to approve parking garages and parking lots in connection with a permitted use that has up to 25 percent less than the required number of spaces set forth in article XI of this chapter upon determining that one or more of the following conditions exists:

a. The applicant is proposing an adaptive reuse that does not expand the pre-existing floor area of an existing structure with a permitted use.

b. The applicant is constructing an addition to an existing structure or site and sufficient new parking will be provided to accommodate the additional square footage without reducing the amount of parking serving the existing structure or site prior to the addition.

c. The proposed parking lot or garage will allow the preservation of an existing aquatic buffer or floodway.

d. The proposed parking lot or garage will accommodate a tree canopy preservation area where the entirety of the requirement is met by preserving existing canopy.

These reductions may not be used in conjunction with reductions offered elsewhere in this chapter.

(3) Variances. No variances shall be allowed under article VI of this chapter with regard to deviations from development standards that have been approved pursuant to this section of the city Code nor shall any deviations from these development standards make void or otherwise modify any variance decision by the board of adjustment.

(Ord. No. 2637, § 1(a), 11-9-99; Ord. No. 2777, § 1(j), 12-19-00; Ord. No. 2896, § 1, 2-12-02; Ord. No. 2912, §§ 1(a)—1(c), 4-9-02; Ord. No. 3118, § 1, 5-11-04; Ord. No. 3156, § 1, 8-24-04; Ord. No. 3417, § 1(d), 11-28-06; Ord. No. 4361, § 1ii, 3-23-21)

Sec. 7-11-8. Sidewalk requirements.

(a) Purpose. The purposes of this section are to insure that adequate provision of transportation and other public requirements, the promotion of health, safety and the general welfare and the coordination of streets and other public facilities are considered in the development and use of property and that development and use of property are done in accordance with an adopted City of Asheville (herein "city"), transportation or corridor plan, including but not limited to such plans as the Transportation Improvement Program (TIP), greenway, neighborhood, small area, and pedestrian thoroughfare plans. The city council hereby incorporates by reference as if set forth in full herein the findings of the city's pedestrian thoroughfare plan and further finds and declares that the construction of sidewalks advances those interests of the city and, in order to accomplish those purposes, this section sets out requirements for the construction of sidewalks and, where a developer requests it and certain conditions exist, for the payment of a fee in lieu of the requirement for construction of sidewalks.

(b) Guidelines for requiring sidewalks. Sidewalks shall be required for all new construction and for renovations, additions and/or expansions to existing structures which fall into one or more of the following categories:

(1) All new single-family residential development which consists of 20 or more single-family homes;

(2) All new multi-family residential development, except for the construction of less than ten units;

(3) All new office, institutional, commercial, and industrial development;

(4) All existing office, institutional, commercial, and industrial development additions or expansions to structures where the expansion results in an increase of more than 75 percent value of the structure as defined in section 7-11-1 of this chapter.

(5) All new streets, improved streets or extension to streets.

(c) Additional conditions for requiring sidewalks. Notwithstanding subsection (b) above, the following findings must be made prior to the city engineer/designee requiring the construction of a new sidewalk or a "fee in lieu of constructing a sidewalk” for an applicable project. One or more of the following conditions must be met, as determined by the city engineer/designee.

(1) The applicable project area, including the street frontage, is identified as a needed pedestrian linkage within an adopted city transportation or corridor plan, including but not limited to such plans as the Transportation Improvement Program (TIP), greenway, neighborhood, small area, and pedestrian thoroughfare plans.

(2) The current or projected (within five years) average daily traffic count (ADT) for the street is 300 vehicles per day or more as determined by the city traffic engineer. Traffic generated from the applicable project or any additions to the applicable project will be included in calculating the ADT for this condition.

In the event that the sidewalk is not required, the developer must provide a recorded easement, if necessary, for the future development of the sidewalk. The developer wherever practical shall grade for the future development of a sidewalk.

(d) Public and private streets. Sidewalks shall be constructed along all public and private street frontages that meet the requirements of subsection(c) above of the lot for which the development is proposed.

All sidewalks shall be constructed in accordance with the standards set forth in the city's Standard Specifications and Details Manual.

(e) Fee in lieu of construction. Where a new sidewalk is required to be constructed, a fee in lieu of that sidewalk may be paid if one or more of the following conditions apply:

(1) The sidewalk is proposed to be constructed within an existing right-of-way where sufficient right-of-way or easement width does not exist or cannot be dedicated to build the sidewalk without reducing existing transportation facilities such as travel lanes, on-street parking, bike lanes, and the adaptive reuse or preservation of an existing building or structure prevents extending the sidewalk onto private property. In these instances, compliance to the maximum extent practicable is required and a fee is paid for the balance of sidewalk not constructed.

(2) The sidewalk is a part of a publicly funded project that includes sidewalks and construction is scheduled to begin within two years of permitting. In this case, the developer would pay the fee based on the public agency's design.

(3) The total project costs are less than $100,000.00 and the cost of the construction of the sidewalk would exceed 15 percent of the total cost of the approved project.

(4) The traffic volumes on an existing road, including any added trips expected as a result of the project, do not exceed 500 vehicles per day and the required sidewalk is more than 1,320 feet (one-fourth mile) from an existing sidewalk, measured from the closest points along the road frontage.

(5) When the sidewalk would require the relocation of multiple public utility facilities or structures.

(6) The sidewalk would be located in a floodway and a no rise certification can not be obtained and a CLOMR cannot be approved without the requirement of purchasing additional affected properties.

(7) The sidewalk would require construction and/or grading to occur on adjacent property to connect to future sidewalk and where there is no right-of-way or easement available. In these instances, compliance to the maximum extent practicable is required and a fee is paid for the balance of sidewalk not constructed. Additionally, an easement sufficient to provide future connections shall be provided.

The fee shall be based on the amounts identified in the city's Fees and Charges Manual and may be prorated based on partial compliance. In no case shall the fee in lieu of constructing the sidewalk exceed 15 percent of the total cost of the approved project. The total cost of the project shall include all construction costs associated with the improvement as approved by the city.

In the event that a fee in lieu of constructing a sidewalk is approved, the developer must provide a recorded easement if necessary for the future development of the sidewalk. All fees shall be paid prior to the issuance of the zoning permit and shall not transfer to future projects on the same property.

The developer wherever practical shall grade for the future development of a sidewalk.

(f) Use of fees. All fees collected by the city pursuant to these provisions shall be accounted for separately from other monies, shall be expended only for the construction or rehabilitation of sidewalks or other pedestrian improvements in the city.

(Ord. No. 2664, § 1(a), 2-8-00; Ord. No. 2904, § 1(a), 3-12-02; Ord. No. 3417, § 1(e), 11-28-06; Ord. No. 3791, §§ 1c, d, 9-22-09; Ord. No. 3816, § 1, 12-15-09; Ord. No. 4424, § 1a, 6-9-15; Ord. No. 4361, § 1jj, 3-23-21; Ord. No. 5127, § 4, 3-11-25; Ord. No. 5151, § 1, 6-24-25)

Sec. 7-11-9. Emergency wireless communications.

(a) Purpose. The purpose of this section is to ensure that buildings and structures shall not interfere with the city's communication network. Developments shall be modified to accommodate the needs of the city's communications network, to eliminate any interference a development would create or otherwise accommodate the needs of the city's communication network within the development proposal. Adequate provisions shall be made for a radio signal booster system which will correct for a reduction in the radio signal to a level below that required to assure the 95 percent area coverage reliability needed for public safety communications.

(b) Radio signal booster system required. Except as otherwise provided no person shall maintain, own, erect, or construct, any building or structure or any part thereof, or cause the same to be done which fails to support adequate radio coverage for public safety entities, including, but not limited to, firefighters, emergency medical services and police officers. The following structures are exempt from these requirements:

(1) Single-family residential buildings; any building constructed of wood frame; any building 25 feet high or less; as long as none of the aforementioned buildings make primary use of metal on concrete construction or contain below grade storage or parking areas. For purposes of this section, parking structures are included in the definition of buildings, and stair shafts are included in the definition of all parts of a building, but elevators may be excluded.

(2) Buildings constructed prior to the effective date of this section (February 12, 2008) shall be required to comply with public safety radio coverage provisions of this section. However, should exempted structures undergo renovation or modification where the cost of the renovation or modification exceeds 75 percent of the appraised value of the structure this exemption shall not apply.

(c) Easements. The city may require an easement to utilize the roof for communications infrastructure components to support current and future public safety communication needs. This includes, but is not limited to a 12 feet × 25 feet rooftop area for; antennas, base stations, UPS power supplies, and microwave dish antennas. The building owners shall provide a secure climate controlled environment, no less than ten feet × 20 feet × ten feet, suitable for sensitive electronic equipment. This room shall be located within the top floor of roof area to allow for less than 100-foot cable runs to the antenna locations. Power for the equipment in this room shall be fed from the building emergency generator. Additional construction specifications will be made available as required.

(d) Specifications. All emergency wireless communications shall be constructed in accordance with the standards set forth in the City of Asheville Standards and Specifications Manual.

(e) Alternative standards. Based on sound telecommunication engineering practices, the information technology director or his designee may approve alternative standards that are equal to or better than those set forth in this chapter and in the City of Asheville Standards and Specifications Manual.

(Ord. No. 3583, § 1(b), 2-12-08; Ord. No. 3791, § 1e, 9-22-09)

Sec. 7-11-10. Outdoor lighting standards.

(a) Purpose. The purpose of this section is to promote the public health, safety, security, and the nighttime use and enjoyment of property, including:

· To protect and improve safe travel for all modes of transportation;

· To reduce light pollution, light trespass, glare, and unnecessary high light levels and intensity;

· To promote energy efficient lighting practices and systems; and

· To maintain and improve nighttime aesthetics of Asheville, including preservation of the night sky.

This ordinance provides basic outdoor lighting requirements based on industry standards. Creative use of outdoor lighting to supplement building architecture, enhance outdoor enjoyment and other uses of lighting are encouraged within the framework of ordinance requirements.

(b) Definitions. For the purposes of this section, the following terms are defined.

Cutoff Classifications:

Full cutoff. A luminaire light distribution where zero candela intensity occurs at or above an angle of 90° above nadir. Additionally the candela per 1,000 lamp lumens does not numerically exceed 100 (ten percent) at or above a vertical angle of 80° above nadir. This applies to all lateral angles around the luminaire.

Cutoff. A luminaire light distribution where the candela per 1,000 lamp lumens does not exceed 25 (2.5 percent) at or above an angle of 90° above nadir, and 100 (ten percent) at or above a vertical angle 80° above nadir. This applies to all lateral angles around the luminaire.

Semicutoff. A luminaire light distribution where the candela per 1,000 lamp lumens does not exceed 50 (five percent) at or above an angle of 90° above nadir, and 200 (20 percent) at or above a vertical angle 80° above nadir. This applies to all lateral angles around the luminaire.

Noncutoff. A luminaire light distribution where there is no candela limitation in the zone above maximum candela.

Other Definitions:

Backlight, uplight, and glare (BUG) rating. A luminaire classification system that classifies backlight (B), uplight (U), and glare (G) ratings to evaluate luminaire optical performance related to light trespass, sky glow, and high angle brightness control.

Ballast. A device used with an electric-discharge lamp to obtain the necessary circuit conditions (voltage, current, and waveform) for starting and operating.

Candela. The metric unit luminous intensity (that is, power emitted by a light source in a particular direction, with wavelengths weighted by the luminosity function, a standardized model of the sensitivity of the human eye).

Direct glare. Glare resulting from high luminances or insufficiently shielded light sources in the field of view. It is usually associated with bright areas, such as luminaires, ceilings, and windows that are outside the visual task or region being viewed. A direct glare source can also affect performance by distracting attention.

Directional lighting. Lighting provided on the workplane or on an object. Light that is predominantly from a preferred direction.

Fixture. See luminaire.

Flood lamp. A form of lighting designed to direct its output in a specific direction with a reflector formed from the glass envelope of the lamp itself. Such lamps are so designated by the manufacturers and are typically used in residential outdoor area lighting.

Flood light. A form of lighting designed to direct its output in a diffuse, more or less specific direction, with reflecting or refracting elements located external to the lamp. These lights are prohibited in the City of Asheville.

Footcandle (FC). A quantitative unit measuring the amount of light (illumination) falling onto a given point. One footcandle equals one lumen per square foot.

Fully shielded. A light fixture constructed, installed and maintained in such a manner that all light emitted from the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the fixture, is projected below the horizontal plane through the fixtures lowest light emitting part.

Glare. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, to cause annoyance, discomfort, or loss of visual performance and ability.

Horizontal footcandles. A quantity of illumination (footcandle(s)) at a given point that is measured or calculated at a specified height in a plane parallel to the line of sight when looking at the brightest light source in the field of view.

IESNA. The Illuminating Engineering Society of North America, a non-profit professional organization of lighting specialists that has established recommended design standards for various lighting applications.

Illuminance. The amount of light (luminous flux incident) at a point on a surface (measured in lux or footcandles).

Internal refractive lens. A glass or plastic lens installed between the lamp and the sections of the outer fixture globe or enclosure. Refractive refers to the redirection (bending) of the light as it goes through the lens, softening and spreading the light being distributed from the light source thereby reducing direct glare.

Lamp. The device in a lighting fixture that provides illumination, typically a bulb, florescent tube, or light emitting diode (LED).

Light source. The element of a lighting fixture that is the point of origin of the lumens emitted by the fixture.

Light trespass. Unwanted light spilling onto an adjacent property and/or an excessive brightness (i. e. glare) is occurring in the normal field of vision.

Low luminosity lighting. Lighting fixtures whose lumen output does not exceed 1,000 lumens. See also Very low luminosity lighting.

Low level decorative lighting. Lighting fixtures whose lumen output does not exceed 60 lumens.

Low voltage lighting. Lighting equipment powered through a transformer such as a cable conductor that lowers the voltage supplied to the luminaires to 25v or less.

Lumen. A quantitative unit used to identify the amount of light emitted by a light source. A lamp is generally rated in lumens.

Luminaire (light fixture). A complete lighting unit consisting of a lamp or lamps and ballast(s) (when applicable) together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply.

Lux. A unit of illuminance. One lux equals one lumen per square meter. One footcandle equals 10.76 lux (often rounded to 10 lux for ease of use).

Maintained footcandles. Illuminance of lighting fixtures adjusted for a maintenance factor accounting for dirt build-up and lamp output depreciation. The maintenance factor used in the design process to account for this depreciation cannot be lower than 0.72 for high-pressure sodium and 0.64 for metal halide and mercury vapor.

Medium base. The size of lamp socket designed to accept a medium or Edison base lamp (typical size used in the home).

Nadir. The point directly below the luminaire.

Outdoor display area. Areas used to show products, merchandize, or other items for evaluation (i.e. cars, RVs, boats, etc.).

Outdoor performance area. An area permanently dedicated to the public presentation of music, dance, theater, media arts, storytelling, oratory, or other performing arts, whether publicly or privately owned, including but not limited to amphitheaters and similar open or semi-enclosed structures.

Post mounted decorative fixtures. Luminaires/fixtures that are mounted on a post (typically a 20-foot mounting height or less) and are decorative in style and appearance.

Right-of-way. An interest in land to the city which provides for the perpetual right and privilege of the city, its agents, franchise holders, successors, and assigns to construct, install, improve, reconstruct, remove, replace, inspect, repair, maintain, and use a public street, including related and customary uses of street rights-of-way such as sidewalks, bike paths, landscaping, mass transit facilities, traffic control, traffic control devices and signage, sanitary sewer, stormwater drainage, water supply, cable television, electric power, gas, and telephone transmission and related purposes in, upon, over, below, and across the rights-of-way.

Seasonal lighting. Holiday/temporary lighting displays to be utilized less than 30 days in any one year.

Shield. A device that is attached onto or inserted into a luminaire to alter the direction of light being emitted. A luminaire that has a shield attached or inserted is considered to be "shielded".

Street light. A luminaire that is used to light a street or roadway.

Top shield. A shield that is attached onto the top part of the luminaire or inserted into a luminaire to reduce/prevent uplight.

Uplight. The portion of luminous flux (light) from a luminaire emitted at angles above the horizontal.

Vehicular canopy. A roofed, open, drive-through structure designed to provide temporary shelter for vehicles and their occupants while making use of a business' services.

Vertical footcandles. A quantity of illumination (footcandle(s)) at a given point that is measured or calculated at a specified height in a plane perpendicular to the line of sight when looking at the brightest light source in the field of view.

Very low luminosity lighting. Temporary, seasonal, or permanent lighting fixtures whose luminosity does not exceed 15 lumens. See also low luminosity lighting.

Wall-mounted fixture. A luminaire/fixture that is typically mounted on or attached to a wall, column or building surface.

Wall pack. A type of light luminaire/fixture typically flush-mounted on a vertical wall surface.

Wide-body refractive globe. A translucent lamp enclosure used with some outdoor fixtures to provide a decorative look (including but not limited to acorn- and carriage light-style fixtures). "Wide-body" refers to a wider than average size globe (greater than 15.75 inches in diameter). "Refractive" refers to the redirection (bending) of the light as it goes through the lens, rendering the light fixture more effective. Wide-body refractive globes are intended to soften and spread the light being distributed from the light source thereby reducing direct glare.

(c) Light measurement technique. Light level measurements shall be made at the property line of the property upon which light to be measured is being generated. If measurement on private property is not possible or practical, light level measurements may be made at the boundary of the public street right-of-way that adjoins the property of the complainant or at any other location on the property of the complainant. Measurements shall be made at finished grade (ground level), with the light-registering portion of the meter held parallel to the ground pointing up. The meter shall have cosine and color correction and have an accuracy tolerance of no greater than plus or minus five percent. Measurements shall be taken with a light meter that has been calibrated within two years. Light levels are specified, calculated and measured in footcandles. All footcandle values below are maintained footcandles.

(d) Applicability. This section shall apply to all outdoor lighting fixtures and land uses established after the effective date of this ordinance [November 25, 2008] in all of the following conditions:

(1) New development requiring Level I, II, or III site plan review pursuant to section 7-5-9 of this chapter;

(2) New residential lighting for one- and two-family dwelling units;

(3) All new street lighting for all private and publicly maintained streets within the City of Asheville and all streets that are subject to City of Asheville construction standards and subdivision review pursuant to section 7-5-8.

(4) New outdoor lighting systems as part of an existing commercial, industrial, or multi-family residential lighting installation even if the original lighting installation was purchased and/or installed before the effective date of this ordinance, unless part of an expansion not greater than ten percent of the original outdoor fixture count.

(e) Exemptions to outdoor lighting standards. The following conditions are exempted from the standards set forth in this subsection, provided that they do not constitute a public safety concern or create a nuisance, and are maintained in a safe condition.

(1) All lighting required by state and federal agencies.

(2) Seasonal lighting displays or very low luminosity lighting displays using multiple lamps.

(3) Temporary lighting for emergency, repair, construction, special events or similar activities.

(4) Ornamental gas lights that meet the definition of low level decorative lights.

(5) Historic landmark structures.

(6) Lighting fixtures located in a local Historic District when compliance with these standards conflicts with the district's guidelines.

(7) Low voltage landscape lighting, but such lighting should be shielded in such a way as to eliminate glare and light trespass.

(8) A suspended string of lights when found in one of the following conditions:

a. On properties supporting one- and two-family dwelling units, when located outside of required setbacks, or

b. Around, in, or over the permitted dining area(s), belonging to a lawful eating and drinking establishment, when the following output limits are met:

i. Incandescent lights—no more than 25 lumens per bulb; or

ii. LED lights—no more than 50 lumens per bulb.

Lights must be turned off when the outdoor dining area is not in use.

(9) All lighting required by the North Carolina State Building Code.

(f) Lighting prohibitions. The following types of outdoor lighting are specifically prohibited:

(1) Lighting that could be confused for a traffic control device.

(2) Lighting that is oriented upward, except as otherwise provided for in this ordinance.

(3) Search lights, laser source lights, or any similar high intensity lights unless otherwise exempt.

(4) Blinking, flashing, moving, flickering, changing intensity, changing color lights not otherwise permitted in this ordinance.

(5) Any exposed lamp or bulb visible from the property boundary of the parcel on which the light is located, unless otherwise exempted.

(6) A suspended string of lights with individual lamps larger than 15 lumens, unless otherwise exempted.

(7) Any lighting fixture or device that is operated in such manner as to constitute a hazard or danger to persons, or to safe vehicular operation.

(8) Unshielded accent building mounted luminous tube (such as neon, LED, fluorescent or other similar technology).

(9) Flood lights.

(10) Internally illuminated wall panels.

(11) Lighting of any angled building surface (i.e. roof pitch).

(g) General standards for new outdoor lighting. Unless otherwise exempted or allowed by this ordinance, the following standards shall apply to all outdoor lighting.

(1) All exterior light fixtures shall be classified as providing full cutoff light distribution.

(2) The maximum light level at any property line shall be 0.5 footcandle maintained.

(3) Directional lighting allowed by the ordinance shall be directed downward.

(4) All flood lamps shall not exceed 1,250 fixture lumens and must be shielded and aimed down 60 degrees from horizontal. Lamps shall be aimed such that the main beam from the light source is not visible from adjacent properties or the public street right-of-way.

(5) All pole mounted lights shall not exceed 37-foot mounting height above grade.

(6) All new dusk-to-dawn security lights shall be full cutoff fixtures with a maximum rating of not to exceed 9,500 fixture lumens (6,000 fixture lumens in residential zoning districts) or comply with subsection (n) (Non-conformities) with a mounting height not to exceed 25 feet.

a. All new dusk-to-dawn utility type fixtures must be equipped with a reflector shield that provides a full cutoff light distribution as defined in subsection (b) of this article. An approved alternative is to install a different type of fixture that has a full cutoff light distribution with a maximum rating of not to exceed 9,500 lumens.

b. All new LED dusk-to-dawn utility type fixtures shall comply with the LED standards listed in subsection (8) below.

(7) Where land elevations to be lighted are higher or lower than a nearby street, residential dwelling or other type of facility and the lighting installation causes offensive light trespass and/or glare, the city planning director may request one or more of the following:

a. Shields to be installed on the fixtures,

b. Change the aiming of offending fixtures,

c. Change the location and/or mounting height or the offending poles,

d. Change the light distribution pattern of the offending fixtures, or

e. Remove the offending poles and fixtures from the site.

(8) All LED lighting shall meet the B-U-G ratings noted in the applicable subsections and comply with all other applicable requirements, and shall also meet the following standards:

a. The LED correlated color temperature (CCT) shall not be higher than 4,300 K (Kelvin degrees).

b. The maximum number of fixture lumens shall not exceed 6,500 in residential districts and no more than 20,000 lumens in non-residential districts or for legal non-residential uses in residential districts, unless otherwise allowed or exempted.

(9) Reserved.

(h) Street lighting.

(1) The director of public works shall be responsible for executing the street lighting program and policies.

(2) The director of public works or his designee shall evaluate requests for additions, removals or other changes to street lighting and respond to the requestor within 30 days.

(3) These standards shall not apply to residential subdivisions lawfully established prior to the effective date of this ordinance (November 25, 2008) or extend to those properties acquired as part of such communities prior to November 25, 2008, provided it can be demonstrated that these properties were included in a documented community master plan.

(3a) Existing non-LED street lights may be replaced with similar non-LED fixtures where warranted by NCDOT and approved by the director of public works.

(4) General design standards.

a. Spacing. Newly installed standard pole mounted street lights shall be placed at the following intervals as measured along the street centerline:

i. In residential areas street lights shall be placed at intervals of 125 feet to 150 feet. The public works director may approve wider spacing for low density residential subdivisions provided the overall density is less than two units per acre and both the streets and light fixtures are privately maintained.

ii. On major arterial roadways, street lights shall be placed at intervals of 75 feet to 100 feet.

iii. In business districts, street lights shall be placed at intervals of 55 feet to 80 feet.

iv. Preference in placement shall be given to street intersections and street curves.

v. Alleys are excluded from the spacing and placing requirements of this policy but are encouraged to be illuminated using private security lights, wall packs, or other fixture utilizing a full-cutoff design.

vi. In areas where post-mounted fixtures (18-foot mounting height or less) are installed, the spacing of posts should be adjusted to the particular fixtures used and as approved by the director of public works or his/her designee. IESNA Recommended Practice 8 (Roadway Lighting) should be used as a guide for street lighting design.

b. Alignment. Street lighting on newly constructed streets shall be alternately staggered on each side of the street wherever possible.

c. Luminance. Newly installed street lighting fixtures shall utilize the city's standard and meet the following lumen ratings:

i. In residential districts — no greater than 6,500 fixture lumens, with exceptions noted in subsection (5) below.

ii. In commercial districts — no greater than 20,000 fixture lumens, with exceptions noted in subsection (5) below.

d. Mounting support. It is preferred that existing poles and associated mounting hardware be used to mount street lights. However, decorative poles and associated mounting hardware may be used upon agreement between the requestor, Progress Energy and the City of Asheville.

e. Historic district. Full cut-off fixtures are required, however, semi-cutoff and cutoff decorative post-mounted fixtures (18-foot mounting height or less) may be used in historic districts when compliance with the district's design guidelines require it. All fixtures should limit glare, light trespass and light pollution.

f. Interstate highway lighting. The installation of lighting on existing or future interstate highways within the City of Asheville shall require a municipal agreement between the city and the NC Department of Transportation.

g. Assumption of private street lighting. The City of Asheville may also, upon approval of the governing body, assume responsibility for streetlights that at the time of construction of private roadways, providing the following conditions are met:

· The street lights are installed in accordance with this policy.

· The private roadway(s) served by the streetlights are accepted into the City of Asheville or NCDOT road system.

h. Variations in land elevations. Where land elevations vary and cause the street lighting poles to be installed higher or lower than adjacent roads or property, thus causing offensive light trespass and/or glare, the standards set forth in subsection (g)(7) may also be applied to street lighting.

(5) All LED street lighting shall comply with the standards in subsection (g)(8) and shall have a maximum BUG rating of B3, U3, G3 on commercial streets and major arterial DOT and City of Asheville roads, and a maximum of B2, U1, G2 on residential streets.

Exceptions:

a. Use of LED street lights in residential areas over 6,500 and up to 8,200 fixture lumens are allowed at intersections and safety sensitive locations, as deemed necessary by the director of public works.

b. Use of LED street lights on commercial and major arterial roads over 20,000 fixture lumens are allowed to ensure public safety as deemed necessary by NCDOT and by the director of public works.

(6) The director of public works may grant exceptions to these standards when, based on the director's determination, conditions (including but not limited to topography, road geometry, heavy foliage, and criminal activity, etc.) are adversely impacting public safety and welfare.

(i) Site lighting. All ground mounted light fixtures shall comply with the general standards listed in subsection (g) above as well as the standards listed here.

(1) Pedestrian lighting on posts with a mounting height of 18 feet or less shall be directed to paths and sidewalks. Lighting should be placed to provide good uniformity, to limit glare, light trespass, light pollution and the casting of shadows on sidewalks. All pedestrian lighting fixtures shall comply with the other sections of this ordinance.

(2) Outdoor display areas, as defined in article 2 of this chapter, shall have a maximum average of illuminance of 20 maintained footcandles.

(3) The mounting height of all outdoor lighting, except outdoor sports field lighting and outdoor performance area lighting, shall not exceed 37 feet above finished grade.

(4) Illumination of all open or surface parking and outdoor commercial areas shall comply with the following light levels limits, uniformity ratios and other criteria listed below:

a. Open parking facilities - For lighted parking lots the recommended minimum light level shall be no less than 0.2 footcandles. All light levels are measured at ground level. The minimum light level requirements vary depending on the activity classification. The specified minimum FC value above 0.2 FC as outlined in the following table means that the lowest light level point or location in the parking lot must not exceed the minimum stated FC value in the table (i.e. 0.9 FC for large shopping centers). An average to minimum uniformity ratio of 4:1 means that the average FC to minimum FC ratio cannot be worse (higher) than 4:1. See the following table:

Light Levels for Open Outdoor Parking Facilities*
Use/Task	Maintained Footcandles	Uniformity Avg./Min.
(a) Parking, residential, multi- family
· Low to medium vehicular/pedestrian activity	Range from 0.2 Min. to 0.7 Min.	4:1
(b) Parking, industrial/commercial/Institutio nal/municipal
· High activity, i.e. large shopping centers/fast food facilities, major athletic/civic cultural events	0.9 Min.	4:1
· Medium/low activity, i.e. community shopping, office parks, hospitals, commuter lots, cultural/civic/recreational events, residential neighborhood shopping, industrial employee parking, schools, church parking	Range from 0.2 Min. to 0.7	4:1

* Source: IESNA 8th Edition Lighting Handbook; Modifications: Medium and Low Activity Level recommendations have been combined and modified.

Notes:

1. Illumination levels are horizontal on the task, e.g. pavement or area surface.

2. Uniformity ratios dictate that average illuminance values shall not exceed minimum values by more than the product of the minimum value and the specified ratio. For example, for commercial parking medium/low activity, the average footcandles shall not be in excess of 2.8 (0.7 × 4).

3. The planning director or his/her designee shall be responsible for determining the activity level for a development based on the criteria found in subsection 7-8-1(d)(1).

(5) All LED site lighting shall comply with the standards in subsection (g)(8) and comply with the following.

a. Post-mounted decorative fixtures shall have a maximum BUG rating of B3, U1, G1 when 9,500 fixture lumens or less and not taller than 18-feet, unless otherwise exempted.

b. LED site lighting greater than 9,500 fixture lumens or taller than 18 feet shall have a maximum BUG rating of B3-U0-G3, unless otherwise excepted.

(6) Historic districts require the use of full cut-off fixtures; however, semi-cutoff and cutoff decorative post-mounted fixtures (18-foot mounting height or less) may be used in historic districts when compliance with the district's design guidelines requires it. All fixtures should limit glare, light trespass and light pollution.

(7) Post mounted lawn luminaires may be installed in residential applications provided the fixture delivers a maximum of 1,000 lumens output (equivalent to a 60 watt incandescent bulb) and utilizes a translucent lens covering the light source. The height of the post shall not exceed eight feet above the finished grade.

(8) All ornamental or aesthetic lighting of buildings and landscaping lighting not attached to a building shall be located, aimed, and shielded so that direct illumination is focused exclusively on the building façade, plantings, and other intended site feature and away from adjoining properties, the night sky, and the public street right-of-way. Additionally, these fixtures shall also meet the following standards:

a. Illumination on any vertical surface shall not exceed .5 FC average maintained and shall not spill over roof lines or building edges. Reflected glare bouncing off windows or other glazing that is visible from adjacent property is prohibited.

b. All ground mounted landscape and residential façade lighting systems not aimed downward shall utilize low level decorative lighting fixtures and shall be aimed no greater than 60 degrees from the horizontal ground level. The luminaires shall be shielded and aimed such that the light source cannot be seen from adjacent property or public areas or rights-of-way.

(j) Lighting attached to structures or buildings. All light fixtures attached or mounted against a building or structure shall comply with the general standards listed in subsection (g) above as well as the standards listed here.

(1) Covered parking facilities. Top levels of garages open to the sky shall comply with the requirements outlined in subsection (i)(4) for open parking facilities. The mounting height on the top level of a garage shall not be greater than 22 feet above the parking deck top floor including raised foundations and the light fixture classification shall be full cutoff.

Additionally, all lighting within open parking garages shall be fully shielded so as not to create glare off- site.

(2) Lighting for vehicular canopies. Areas under a vehicular canopy shall have an average maximum horizontal illuminance of 20 maintained footcandles (FC). Areas outside the vehicular canopy shall be regulated by the standards of subsection (i) above. Lighting under vehicular canopies shall be designed so as not to create glare off-site. Acceptable methods include one or more of the following:

a. Recessed fixture incorporating a lens cover that is either recessed or flush with the bottom surface (ceiling) of the vehicular canopy that provides a full cutoff or fully shielded light distribution.

b. Surface mounted fixture incorporating a flat glass that provides a full cutoff light distribution.

(3) Skylights. Buildings equipped with skylights or other horizontal daylighting openings must control the light trespass and light pollution that is projected upward from the interior lighting system through the daylight glazing into the outdoor night environment and shall also meet the following standards:

a. Skylight glazing shall specify a maximum light transmission of 20 percent.

b. Businesses operating on a 24-hour basis shall employ the use of shielding, louvers or other approved control devices installed to restrict light trespass, light pollution and glare.

c. Light fixtures shall not be located in or directly below light wells that are not utilizing shielding or louvers.

Exception: This subsection does not apply to one- and two-family dwelling units.

(4) Ornamental and general use lighting. All ornamental and general use fixtures attached to buildings or structures shall be located, aimed, and shielded so that direct illumination is focused exclusively on the building façade or the ground immediately below the fixture. Additionally, these fixtures shall also meet the following standards:

a. All wall-mounted fixtures, wall packs, porch lights, ceiling mounted and pendant style fixtures shall be full cutoff fixtures.

Exception: The fixture delivers a maximum of 1,000 lumens output (equivalent to a 60 watt incandescent bulb) and utilizes a translucent lens covering the light source.

b. All recessed ceiling fixtures incorporating a lens cover shall be restricted to lenses that are either recessed or flush with the ceiling.

c. Lamps providing minimum exit discharge lighting as required by the NC Building Codes shall be shielded unless otherwise exempt.

d. Dual purpose fixtures (general use and exit discharge) fitted with battery back-up for emergency use shall be full cut-off. Those fixtures that come on only during an emergency or power outage are exempt.

Comparison of efficacy by power (120 Volt incandescent lamps)

Output (Lumens)	Power (Watt)
	Incan	CFL	LED
500	40	8—10	9
850	60	13—18	12—15
1,200	75	18—22	15
1,700	100	23—28	18

(5) All LED lighting attached to buildings or structures shall comply with the standards in subsection (g)(8) and shall have a maximum BUG rating of B2, U0, G2, unless otherwise exempted or excepted.

(k) Outdoor sports and outdoor performance area lighting. Outdoor lighting for all sports court, sports field, and outdoor performance areas, along with the associated seating, shall be subject to the following standards when such facilities are open to the public and are the primary use on the property. These standards do not apply when the facility is ancillary to other uses on the property in which case, general standards shall apply.

(1) The mounting height for outdoor sports field, stadium seating, and outdoor performance area lighting fixtures shall not exceed 90 feet from finished grade. The mounting height for outdoor sports courts shall not exceed 50 feet from finished grade.

(2) All outdoor sports and outdoor performance area lighting fixtures shall be equipped with a glare control package (louvers, shields, or similar devices). The fixtures must be aimed so that their beams are directed and fall within the primary playing or performance area and not into adjacent property or road rights-of-way.

(3) The hours of operation for the lighting system for any game or event shall not exceed one hour after the end of the event.

(4) The maximum number of fixture lumens shall not exceed 38,600 lumens for sports courts and 121,000 lumens for sports fields and outdoor performance areas.

(5) The maximum correlated color temperature (CCT) shall not be higher than 4,300 K (Kelvin degrees) for sports courts and 5,700 K for sports fields and outdoor performance areas.

(l) Signs.

(1) Lighting fixtures illuminating signs shall be carefully located, aimed, and shielded so that light is directed only onto the sign façade and glare is significantly reduced. Lighting fixtures shall not be aimed toward adjacent streets, roads, or properties.

(2) Internally illuminated signs are permitted so long as the sign is not too bright from the surroundings and does not create a nuisance or hazard to motorists.

(3) Lighting fixtures shall be directed downward rather than upward.

(4) This ordinance does not regulate signs. See the City of Asheville sign ordinance for this information.

(m) Permits. The applicant for any permit required for work involving outdoor lighting shall submit documentation at time of site plan or plot plan approval that the proposed lighting plan complies with the provisions of this Code. The submission shall contain, but not be limited to the following, all or part of which may be part of or in addition to the information required elsewhere in this Code:

(1) For all Level III projects, a point-by-point footcandle array in a printout format indicating the location and aiming of illuminating devices must be furnished. For lower level projects, a point by point array must be furnished upon request. The printout shall indicate compliance with the maintained footcandle limit required by the appropriate section of this Code.

(2) For all Level III projects, a description of the illuminating devices, fixtures, lamps, supports, reflectors, poles, raised foundations and other devices including but not limited to manufacturers or electric utility catalog specification sheets and/or drawings, and photometric report indication fixture classification (cutoff fixture, wallpack, flood light, etc) must be furnished. For lower level projects, this same information will be required upon request.

(3) All Level III projects, special use permit projects and conditional zoning projects will be evaluated on a case specific basis and may be held to a standard that exceeds those minimum standards set forth in this ordinance.

(4) Inspection or plan review personnel may waive any or all of the above permit requirements, provided the applicant can otherwise demonstrate compliance with this Code.

(n) Non-conformities.

(1) Any lighting fixture lawfully in place or approved by the city prior to the adoption of this ordinance shall be exempt from these requirements. Routine maintenance, including changing the lamp, starter, photo control, lens, and other required components is permitted for all existing fixtures.

(2) All dusk to dawn utility type lights installed prior to November 25, 2008, will be exempted from full cutoff requirements for five years from this date. After five years, all such lights shall be discontinued, removed or made to conform to the provisions of this ordinance.

(3) All utility owned flood lights installed prior to [insert effective date here] will be exempted from the prohibition on flood lights for five years from this adoption date. After five years, all such lights shall be discontinued, removed or replaced with conforming fixtures. Existing floodlights that are privately owned my continue to be used provided the light fixture is angled down and/or shielded so that it produces a full cutoff distribution.

(4) Should the property owner fail to bring the lighting system into compliance, the owner shall be subject to the civil penalties set forth in subsection 7-18-2(b).

(o) Appeals. Appeals regarding the interpretation or application of this ordinance may be taken to the board of adjustment in the manner provided in article VI.

(Ord. No. 3676, § 1, 11-25-08; Ord. No. 4148, § 1, 12-11-12; Ord. No. 4275, § 1, 1-28-14; Ord. No. 4686, § 1a—e, 7- 24-18; Ord. No. 4361, § 1kk, ll, 3-23-21; Ord. No. 5057, § 1k, 1-23-24)