(a)   Powers and duties. Without limiting any authority granted to the Asheville City Council by law or regulations, the Asheville City Council shall have the following powers and duties with respect to this chapter, to be carried out in accordance with the terms of this chapter:

(1)   To adopt new text for and amendments to the text of this chapter;

(2)   To adopt new zoning maps and amendments to the zoning maps;

(3)   To adopt amendments to the comprehensive plan and to adopt a new comprehensive plan;

(4)   Reserved.

(5)   To adopt Design Guidelines;

(6)   Such additional powers and duties as may be set forth for the Asheville City Council elsewhere in this chapter and in other laws and regulations.

(1)   To review all new text for and proposed amendments to this chapter, and proposals to zone or change the zoning of all property regulated under this chapter, and to make recommendations to the Asheville City Council for final action thereon;

(2)   To review and approve requests for special use permits in accordance with the procedures outlined in this chapter;

(3)   To perform studies and surveys of the present conditions and probable future development of the city and its environs, including, but not limited to, studies and surveys of land uses, population, traffic, parking, and redevelopment needs;

(4)   To formulate and recommend to the Asheville City Council the adoption or amendment of a comprehensive plan and other plans, as necessary, for the city and its environs;

(5)   To review the terms of this chapter from time to time, as it deems appropriate, and to recommend to the Asheville City Council any changes that the Asheville Planning and Zoning Commission considers necessary to regulate properly the development and use of land, buildings, and structures;

(6)   Such additional powers and duties as may be set forth for the Asheville Planning and Zoning Commission elsewhere in this chapter and in other laws and regulations.

(1)   The Asheville Planning and Zoning Commission shall consist of seven members. Five members who are residents of the City of Asheville shall be appointed by the Asheville City Council. The remaining two members shall be residents who reside within one mile of the municipal limits of the City of Asheville and appointed by the Buncombe County Board of Commissioners pursuant to N.C. Session Law 2013-30. All members shall have equal rights, privileges, and duties.

(2)   All members shall serve three-year terms. All members shall serve a maximum of two terms.

(3)   Officers of the Asheville Planning and Zoning Commission shall be elected in accordance with the rules of procedure for the Asheville Planning and Zoning Commission.

(4)   Vacancies shall be filled by the Asheville City Council or the Buncombe County Board of Commissioners, as applicable, as they occur.

(a)   Powers and duties. The board of adjustment for the City of Asheville shall have the following powers and duties, to be carried out in accordance with the terms of this chapter:

(1)   To hear and decide applications for approval of variances from the terms of this chapter, in accordance with the procedures and standards set forth in section 7-6-1 of this chapter, except where this chapter places responsibility for hearing or considering such a variance with another body.

(2)   To hear and decide appeals from any order, requirement, permit, decision, or determination issued or made by an administrative officer of the city in enforcing any provision of this chapter, in accordance with the procedures and standards set forth in section 7-6-2 of this chapter. (However, see section 7-12-2(q), Soil Erosion and Sedimentation Control, for special review procedures pertinent to appealing administrative decisions on erosion control plans and section 7-12-5, Stormwater Management, for special review procedures pertinent to appealing administrative decisions on stormwater management plans.)

(3)   To serve as the city's housing code appeals board in accordance with the procedures and standards set forth in chapter 4 of the Code of Ordinances for the City of Asheville, or its successor.

(4)   To hear and decide applications for approval of reasonable accommodations under federal law for handicapped or disabled persons proposing to live in a family care or group home, in accordance with the procedures and standards set forth in section 7-6-3 of this chapter.

(5)   Such additional powers and duties as may be set forth elsewhere in this chapter and in other laws and regulations.

(b)   Membership; terms; vacancies.

(1)   The board of adjustment for the City of Asheville shall consist of five regular members and three alternate members. Four regular members and two alternate members who are residents of the City of Asheville shall be appointed by the Asheville City Council. One regular member and one alternate member who resides within one mile of the municipal limits shall be appointed by the Buncombe County Board of Commissioners, pursuant to N.C. Session Law 2013-30.

(2)   All members shall serve three-year terms. All members shall serve a maximum of two terms.

(3)   Officers of the board of adjustment shall be elected in accordance with the rules of procedure for the board of adjustment of the City of Asheville.

(4)   Vacancies shall be filled by the Asheville City Council or the Buncombe County Board of Commissioners, as applicable, as they occur.

(c)   Meetings and voting.

(1)   Meetings and hearings of the board of adjustment for the City of Asheville shall be held at such times as are set by the board of adjustment.

(2)   The concurring vote of four-fifths of the board shall be necessary to grant a variance. A majority of the members shall be required to decide any other quasi-judicial matter or to determine an appeal made in the nature of certiorari regarding the provisions of this chapter. For the purposes of this subsection, vacant positions on the board and members who are disqualified from voting on a quasi-judicial matter shall not be considered members of the board for calculation of the requisite majority if there are no qualified alternates available to take the place of such members.

(d)   Rules and records. The board of adjustment for the City of Asheville shall formulate and adopt the rules of procedure under which it will operate. The board of adjustment shall keep minutes of its proceedings showing the vote of each member on each question. Final disposition of appeals shall be by recorded order indicating the reasons of the board therefore, all of which shall be a public record.

(e)   Administering oaths and issuing subpoenas. Pursuant to N.C.G.S. § 160D-406(f) and (g), the chairperson of the board, the acting chairperson, and the clerk to the board are authorized to administer oaths to witnesses appearing before the board in any matter. Any person who, while under oath during a proceeding before the board of adjustment, willfully swears falsely is guilty of a Class 1 misdemeanor. The board, through the chair, or in the chair's absence anyone acting as chair, may also issue subpoenas and compel the production of evidence.

(a)   Powers and duties. The Historic Resources Commission of Asheville and Buncombe County is designated as a "historic preservation commission" pursuant to N.C.G.S. part 4 of article 9 of chapter 160D, or its successor, and shall have the following powers and duties, to be carried out in accordance with the terms of this chapter:

(1)   To undertake an inventory of properties of historical, prehistorical, architectural, and/or cultural significance;

(2)   To recommend to the Asheville City Council areas to be designated by ordinance as "historic districts"; and to recommend to the Asheville City Council and the Buncombe County Board of Commissioners individual structures, buildings, sites, areas, or objects to be designated by ordinance as "landmarks";

(3)   To acquire by any lawful means the fee or any lesser included interest, including options to purchase, to properties within established districts or to any such properties designated as landmarks, to hold, manage, preserve, restore and improve such properties, and to exchange or dispose of the property by public or private sale, lease or otherwise, subject to covenants or other legally binding restrictions that will secure appropriate rights of public access and promote the preservation of the property;

(4)   To restore, preserve and operate historic properties;

(5)   To recommend to the Asheville City Council that designation of any area as a historic district or part thereof, or to recommend to the Asheville City Council and the Buncombe County Board of Commissioners that designation of any building, structure, site, area, or object as a landmark, be revoked or removed for cause;

(6)   To conduct an educational program regarding historic properties and districts within its jurisdiction;

(7)   To cooperate with the state, federal, and local governments in pursuance of the purposes set forth in N.C.G.S. part 4 of article 9 of chapter 160D, or its successor. The governing body of the commission, when authorized by the Asheville City Council or the Buncombe County Board of Commissioners, may contract with the State, or the United States of America, or any agency of either, or with any other organization provided the terms are not inconsistent with State or federal law;

(8)   To enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey thereof. However, no member, employee or agent of the commission may enter any private building or structure without the express consent of the owner or occupant thereof;

(9)   To prepare and recommend the official adoption of a preservation element as part of the city's comprehensive plan;

(10)   To review and act upon proposals for alterations, demolitions, or new construction within historic districts, or for the alteration or demolition of designated landmarks;

(11)   To negotiate at any time with the owner of a building, structure, site, area, or object for its acquisition or its preservation, when such action is reasonably necessary or appropriate; and

(12)   To adopt and amend standards for alterations, demolitions, and new construction within historic districts and for the alteration or demolition of designated landmarks in order to guide the commission in determining congruity with the special historic character of the landmark or district.

(b)   Membership; terms; vacancies.

(1)   The Historic Resource Commission of Asheville and Buncombe County shall consist of 12 members. Six members who are residents of the City of Asheville shall be appointed by the Asheville City Council and six members shall be appointed by the Buncombe County Board of Commissioners. All members of the commission shall reside within the city or county. A majority of the members of the commission shall have demonstrated special interest, experience or education in history, archaeology, or architecture or related fields. All members shall have equal rights, privileges, and duties regardless of whether the matter at issue arises within the city or the county.

(2)   All members shall serve three-year terms. Members may be reappointed for additional terms at the discretion of the appointing governing body, provided that all members serve a maximum of two terms.

(3)   Officers of the historic resources commission shall be elected in accordance with the rules of procedure for the historic resources commission.

(4)   Vacancies shall be filled by the Asheville City Council or the Buncombe County Board of Commissioners, as applicable, as they occur.

(c)   Meetings. The Historic Resources Commission of Asheville and Buncombe County shall hold meetings at such times as are set forth in the rules of procedure for the historic resources commission.

(d)   Rules and records. The Historic Resources Commission of Asheville and Buncombe County shall formulate and adopt the rules of procedure under which it will operate. The historic resources commission shall keep minutes of its proceedings.

(a)   Powers and duties. The technical review committee of the City of Asheville shall have the following powers and duties, to be carried out in accordance with the terms of this chapter:

(1)   To conduct informal and preliminary review and comment on all plans and application for special use permits (see section 7-5-5);

(2)   To review and comment on all preliminary plats for major subdivision (see subsection 7-5-8);

(3)   To review and comment on modifications to the subdivision standards (see subsection 7-5-8(c));

(4)   To review and comment on all plans and applications for proposed developments subject to Level III site plan review (see subsection 7-5-9(a));

(5)   To review and comment on all site plans for proposed developments subject to Level II site plan review (see section 7-5-9(b));

(6)   To review and comment on all plans and applications for conditional zoning requests (see section 7-7-8);

(7)   To assist the staff of the planning and development department with any other plan reviews, land development studies, or other land development related matters as necessary; and

(8)   Such additional powers and duties as may be set forth for the technical review committee of the City of Asheville elsewhere in this chapter and other laws and regulations in the city.

(b)   Membership.

(1)   The technical review committee of the city shall consist of one representative from each of the following city departments: planning and development, engineering, fire, building safety, public works, and water resources; a representative of the Metropolitan Sewerage District of Buncombe County, and a member of the Urban Forestry Commission.

(2)   Representatives of the police department, North Carolina Department of Transportation, Progress Energy, Public Service Company of North Carolina, AT&T, other city departments, other governmental agencies and other area utilities may serve on the technical review committee in an ex-officio capacity. Representatives of city departments shall be appointed by the city manager, representatives of area utilities shall be appointed by that utility and representative of the tree commission shall be appointed by the tree commission or public works director.

(3)   All members shall serve until a replacement is named according to the method of appointment set forth above.

(4)   The city manager or his/her designee shall conduct the meetings of the committee in accordance with the established rules and procedures.

(c)   Meetings. The technical review committee of the City of Asheville shall hold at least two meetings in a given month and such other regular or special meetings as the committee deems necessary to conduct the business before it. Scheduled meetings may be canceled in the event that there is no business to come before the committee in a given month, or the scheduled meeting date falls on a recognized city holiday when city offices are closed.

(d)   Rules and records. The technical review committee shall formulate and adopt the rules and procedures under which it will operate. The technical review committee shall incorporate all review comments and recommended conditions of approval in the form of a staff report that shall be made available to the public.

(a)   Powers and duties. The City of Asheville's Specifications Review Committee shall have the following powers and duties, to be carried out in accordance with the terms of this chapter:

(1)   To hear appeals and recommend action to Asheville City Council on such appeals regarding the disapproval or modification by an administrative officer of the City of an erosion control plan;

(2)   To determine the amount of civil penalty to assess in instances of violations of section 7-12-2 or section 7-5-13 in accordance with subsection 7-18-2(b)(2); and

(3)   Such additional powers and duties as may be set forth for the City of Asheville's Specifications Review Committee elsewhere in this chapter and other laws and regulations.

(b)   Membership; terms; vacancies.

(1)   The City of Asheville's Specifications Review Committee shall consist of the planning and development director or his/her designee, the director of city engineering or his/her designee, the director of development services or his/her designee, and the director of public works or his/her designee.

(2)   All members shall serve until a replacement is named by the city manager or appropriate city department director.

(c)   Meetings.

(1)   The City of Asheville's Specifications Review Committee shall hold meetings as needed to hear appeals or set civil penalties.

(2)   Meetings shall be scheduled at a time agreed upon by the committee, the planning and development department, and the person making the appeal or subject to the civil penalty.

(3)   Meetings of the specifications review committee shall be open to the public.

(d)   Rules and records. The City of Asheville's Specifications Review Committee shall follow procedures for review as outlined in applicable sections of this chapter. Civil penalties shall be set in accordance with subsection 7-18-2 (b)(2) of this chapter. The staff of the engineering department shall record relevant notes from the meetings.

(a)   Powers and duties. The Urban Forestry Commission shall have the powers and duties as set forth in division 7 of article III of chapter 2 of this Code and such additional powers and duties as may be set forth for the Urban Forestry Commission in this chapter and in other laws and regulations.

(b)   Membership; terms; vacancies. The membership and term of office of and method of filling vacancies for the Urban Forestry Commission shall be as set forth in division 7 of article III of chapter 2 of this Code.

(c)   Meetings. The Urban Forestry Commission shall hold meetings in accordance with its adopted rules of procedure.

(d)   Rules and records. The Urban Forestry Commission shall formulate and adopt rules of procedure in accordance with the provisions of division 7 of article III of chapter 2 of this Code.

(e)   Name. Any and all references to the "Tree Commission" or the "Asheville Tree Commission" elsewhere in the City Code shall be understood to refer to the Urban Forestry Commission.

(a)   Powers and duties. The Asheville Downtown Commission shall have the powers and duties as set forth in Division 3 of article III of Chapter 2 of the Code of Ordinances of the City of Asheville. In addition, for purposes of this chapter, the Asheville Downtown Commission shall have the following powers and duties:

(1)   Make recommendations on amendments to guidelines for alterations, demolitions, and new construction in the Downtown Design Review area;

(2)   Participate in design review as outlined in Sections 7-3-11 and 7-5-10 of this chapter, and

(3)   Such additional powers and duties as may be set forth for the Asheville Downtown Commission elsewhere in this chapter and in other laws and regulations.

(b)   Membership; terms; vacancies. The membership and term of office of and method of filling vacancies for the Asheville Downtown Commission shall be as set forth in Division 3 of article III of Chapter 2 of the Code of Ordinances of the City of Asheville.

(c)   Meetings. The Asheville Downtown Commission shall hold meetings in accordance with Division 3 of article III of Chapter 2 of the Code of Ordinances of the City of Asheville.

(d)   Rules and records. The Asheville Downtown Commission shall formulate and adopt rules of procedure in accordance with the provisions of Division 3 of article III of Chapter 2 of the Code of Ordinances of the City of Asheville.

(a)   Powers and duties. The city's planning and development department, under the direction and supervision of the planning and development director, shall have the following powers and duties, to be carried out in accordance with the terms of this chapter:

(1)   To review all applications for development approval for compliance with the terms of this chapter;

(2)   To serve on and coordinate the activities of the technical review committee established in section 7-3-5;

(3)   To provide the city council, the planning and zoning commission, the board of adjustment, the historic resources commission of the city and Buncombe County, the tree commission and the downtown commission with reports and recommendations regarding matters before those bodies, either as required by this chapter, other laws and regulations, or upon the request of the body;

(4)   To enforce compliance with the terms of this chapter in accordance with article XVIII of this chapter;

(5)   To provide final review and approval of plans, plats, and permits as set forth in this chapter; and

(6)   Such additional powers and duties as may be set forth for the city's planning and development department elsewhere in this chapter and other laws and regulations of the city.

(b)   Conflicts of interest. No staff member shall make a final decision on an administrative decision related to a development regulation if that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship, pursuant to N.C.G.S. §160D-109(c).

(1)   Develop and recommend to the city and other appointing board partners a comprehensive vision and strategy as may be deemed appropriate for the Riverfront District and Regional Riverfront Corridors. Conduct regular evaluations and updates of the Wilma Dykeman Riverway Master Plan and all other adopted plans affecting the French Broad River and the Swannanoa River corridors within Buncombe County including the Living Asheville Comprehensive Plan and the 2043 Buncombe County Comprehensive Plan. Recommend topics that need to be considered as part of a broad and comprehensive approach to planning and design;

(2)   Participate in selection of Asheville Design Review Committee members as outlined in Section 7-3-11 of this chapter; and

(3)   Such additional powers and duties as may be set forth for the Asheville-Buncombe Riverfront Commission elsewhere in this chapter and other regulations of the city.

(a)   Powers and duties. The Asheville Design Review Committee shall be a joint committee of the Asheville Downtown Commission and the Asheville-Buncombe Riverfront Commission and have the following powers and duties, to be carried out in accordance with the terms of this chapter:

(1)   Review and make comment on major works projects within designated design review areas in accordance with the respective design guidelines adopted for each area;

(2)   Adopt and amend guidelines for alterations, demolitions, and new construction within designated design review areas;

(3)   To perform studies and/or prepare plans for desirable standards and goals for the aesthetic enhancement of the city. These plans may include the entire city or any part thereof, and may include private as well as public property; and

(4)   Such additional powers and duties as may be set forth for the Asheville Design Review Committee elsewhere in this chapter and in other laws and regulations.

(b)   Membership; terms; vacancies.

(1)   The Asheville Design Review Committee shall consist of nine members, the majority of which shall have demonstrated special interest, experience or education in architecture, historic preservation, landscape architecture, urban planning or related fields. All members shall have equal rights, privileges, and duties.

(2)   Downtown Commission representatives and Asheville-Buncombe Riverfront Commission Representatives on the Design Review Committee shall serve a term concurrent with their term on the respective committee. All other members shall serve three year terms, and may serve up to two consecutive terms.

(3)   The Asheville City Council shall appoint nine members to the Asheville Design Review Committee with three members selected from the Downtown Commission, three members selected from the Asheville-Buncombe Riverfront Commission, and three members selected at large, in accordance with the council's rules of procedure. In the event that there is insufficient interest from either of the respective commissions to fill the assigned committee seats, and after exhausting efforts to ensure equal representation by soliciting applications from the commissions to fill these seats, the City Council may appoint individuals at large. Vacancies shall be filled as they occur by the Asheville City Council.

(4)   Preference will be given to applicants who represent at least one of the Asheville Design Review Committee's interest areas in addition to the seat requirements:

(c)   Meetings. The Asheville Design Review Committee shall hold regular monthly meetings in accordance with the published schedule for the committee.

(d)   Rules and records. The Asheville Design Review Committee shall follow the rules of procedure for the respective commissions. The Asheville Design Review Committee shall keep minutes of its proceedings.