(a)   Permits and approvals. Any development within the planning and regulation jurisdiction of the City of Asheville and its area of extraterritorial jurisdiction may require one or more of the following permits and approvals in order to ensure that the development is consistent with the goals and purposes of this chapter and with the public health, safety, and general welfare. Permits and approvals include, but are not necessarily limited to, the following:

(b)   Relationship between different permits and approvals. Building permits and certificates of occupancy are typically the final forms of approval for most development within the City of Asheville and its area of extraterritorial jurisdiction. Issuance of building permits and certificates of occupancy may be contingent upon the applicant previously having received one or more other permits or forms of approval. For example, site plan approval is required prior to the issuance of a zoning permit to assure that all requirements of this chapter are being met and erosion control plan approval is required prior to issuance of a grading permit. Zoning and building permits will be issued for a development project only after all conditions precedent to the construction of the development imposed under the provisions of this chapter have been met. Each section of this article describes a different type of permit or approval which may be required for a particular project.

(c)   Simultaneous processing of applications.

(1)   This section intends to accommodate, where possible, the simultaneous processing of applications for different permits and approvals which may be required for the same project, in order to make the review process as short as possible. Possibilities for concurrent filing and processing of applications include, but are not limited to, the following:

a.   A site plan along with a use by right, subject to special requirements;

b.   A site plan along with a variance request;

c.   A preliminary subdivision plat along with an erosion control plan;

d.   A site plan along with a certificate of appropriateness request;

e.   A site plan along with a downtown design review application; and

f.   A site plan along with a traffic impact study.

(2)   No application for the rezoning of property shall be accepted or processed while an application for any of the approvals or permits listed in section 7-5-1(a) above is pending for the same property or vice versa.

(3)   Some forms of approval depend upon the applicant having previously received another form of approval. Approvals such as site plan approval require the applicant to take certain action within some time period following the approval to avoid having the approval lapse. The applicant should note that each of the permits and approvals set forth in this section has its own review sequence and should take this into consideration when planning the development.

(d)   Application and review fees. Requests for review of various permit and approval applications required by this section are subject to the payment of various fees in order to defray the city's administrative costs. The fees for different types of permits and approvals are set forth in the City of Asheville Fees and Charges Manual. These fees are determined by the Asheville City Council and are periodically revised by the council.

(a)   Purpose. A zoning permit shall be required for the construction or development of any new use within the planning and regulation jurisdiction of the City of Asheville. In addition to new uses a zoning permit shall also be required for expansions of existing uses, as well as for changes of use. The procedure set forth below shall be followed to obtain a zoning permit for the construction of single-family and duplex residential development and for other uses which do not require permits and/or approvals, other than a driveway access permit and a soil erosion and sedimentation plan approval for projects disturbing less than 10,000 square feet, as set forth elsewhere in this article.

(b)   Pre-application procedure. No pre-application conference is required prior to applying for a zoning permit. Applicants are encouraged to call or visit the planning and development department prior to requesting a zoning permit to determine what information is required for the application.

(c)   Plan submittal.

(1)   Filing of application. An application for a zoning permit may be filed by the owner of the property or by an agent, specifically authorized by the owner to file such application. Where an agent files the application, the agent shall provide documentation that the owner of the property has authorized the filing of the application. The application for a zoning permit shall be filed with the development and permitting center on a form provided by the center.

(2)   Fees. An application fee, as established by the City of Asheville Fees and Charges Manual, shall be due and payable when the application is submitted.

(3)   Information required. Each application for a zoning permit shall contain the information required on the application form, including a site plan showing the dimensions of the proposed use and its location on the property or site. Other information necessary to show that the use or structure complies with the standards set forth in this chapter shall also be provided.

(4)   Annual zoning permits. An annual zoning permit is required for certain land uses including homestays and short-term vacation rentals. Annual zoning permits must be renewed each year before the expiration date and in accordance with the terms of this UDO. Failure to timely renew the annual zoning permit will result in an expiration of that permit, and can result in a voluntary forfeiture of all legal rights and claims to continue that use. See section 7-17-3.

(d)   Staff review. The planning and development director shall review the application and determine whether it is complete within ten working days of its submittal. If the application is found to be incomplete, the planning and development director shall notify the applicant of any deficiencies. No further steps shall be taken to process the application until the applicant corrects the deficiencies. The planning and development director shall issue a zoning permit only upon finding that the proposed use or structure satisfies the requirements set forth in article VIII of this chapter. Provided the application is complete, failure by the planning and development director to determine completeness of the application within ten working days shall result in the refund of any application fee paid. The refund of the application fee due to the expiration of the ten working days shall not cause the review of the application to cease. Staff shall continue with the review of the application.

(e)   Public notification. No public notification is required for zoning permit requests.

(f)   Formal review. No formal review of zoning permit requests is required. Requests shall be reviewed by appropriate city staff to assure compliance with all applicable regulations and requirements.

(g)   Variances. Requests for variances from the requirements requiring zoning permits set forth in this chapter shall be heard by the board of adjustment under the procedures established in section 7-6-1.

(h)   Appeals. Appeals of the decisions of the planning and development director shall be heard by the board of adjustment under the procedures established by section 7-6-2.

(i)   Permit validity. Upon the approval of a zoning permit, the applicant shall have one year to obtain the required building permit(s). Failure to commence building permits within this time shall render the zoning permit void. The zoning permit shall remain valid as long as a valid building permit exists for the project. Any unapproved change in the approved plans shall render the zoning permit invalid.

(j)   Violations. Violations of the conditions of the zoning permit shall be considered a violation of this chapter and shall be subject to the enforcement and penalty provisions set forth in article XVIII of this chapter.

(a)   Purpose. To insure that proposed temporary uses comply with the requirements of this chapter, no use that is classified as a temporary use in the zoning district in which it is located shall be placed or established on the property without first receiving a temporary use permit from the planning and development department.

(b)   Pre-application procedure. No pre-application conference is required prior to applying for a temporary use permit. Applicants are encouraged to call or visit the planning and development department prior to requesting a temporary use permit to determine what information is required for the application.

(c)   Plan submittal.

(1)   Filling of application. An application for a temporary use permit may be filed by the owner of the property or by an agent specifically authorized by the owner to file such application. Where an agent, files the application, the agent shall provide the planning and development director with documentation that the owner of the property has authorized the filing of the application. The application for a temporary use permit shall be filed with the development and permitting center on a form provided by the center.

(2)   Fees. A permit fee, as established by City of Asheville Fees and Charges Manual, shall be submitted with the application. In addition, a permit shall be obtained from the fire department as required by the fire prevention code. If the temporary use is deemed an event of public interest or will require the expenditure of money or use of resources by the city (beyond routine administrative costs) in connection with the implementation of the public safety plan described in subsection (3) below, the applicant shall pay for these expenses prior to the initiation of the temporary use or provide a bond or other satisfactory security for the payment thereof, as identified and estimated by the city. These expenses may include, but are not limited to, the pro-rated salary of city or other government employees necessary for the conduct of the temporary use. City-sponsored or co-sponsored events may be exempt from these fee requirements. City council may also waive fees for events deemed to have special economic development benefits.

(3)   Information required. Each application for temporary use permit shall contain the information required on the application form. The application shall be accompanied by a sketch plan showing the boundaries of the property, the use of adjacent properties, the location of the temporary use or structure on the property, access and parking provisions, restroom facilities, and other information sufficient to show that the temporary use or structure complies with the standards set forth in this chapter and chapter 4 of the fire prevention code.

a.   Persons seeking issuance of a temporary use permit for an event shall file an application with a minimum of ten days prior to the proposed event date, unless this time frame is reduced by the planning and development director.

b.   Persons seeking issuance of a temporary use permit for an event of public interest shall file an application with a minimum of 21 days prior to the proposed event date, unless this time frame is reduced by the planning and development director. For uses involving the expected congregation of 100 or more persons at any one time (otherwise described as "assembly" uses in the building code), the event shall be deemed an event of public interest and shall also provide an approved public safety plan identifying the means by which public safety will be ensured during the conduct of the temporary use. This public safety plan may include, but is not limited to, such information as: ingress and egress to and from the site; fencing, screening or buffering to control noise and/or crowds; provisions for parking and/or overflow parking; staffing for security and crowd control at the event; and any additional information that may be required by the police or fire chief. The applicant shall be responsible for public expenses associated with the public safety plan as provided in subsection (2) above. If determined necessary by the police chief or fire chief, the public safety plan will be coordinated with other affected agencies involved in public safety operations, including but not limited to the Buncombe County Sheriff, the Buncombe County Emergency Management Director, appropriate rural fire district personnel and the North Carolina Division of Alcohol Law Enforcement.

c.   Persons seeking issuance of a temporary use permit for an event on public property shall file an application with the parks and recreation department in accordance with the City of Asheville Special Events Guideline.

(d)   Staff review. The planning and development director shall review the application and determine whether it is complete within ten working days of its submittal. If the application is found to be incomplete, the planning and development director shall notify the applicant of any deficiencies. No further steps shall be taken to process the application until the applicant corrects the deficiencies. Provided the application is complete, failure by the planning and development director to determine the completeness of the application within ten working days shall result in the refund of any application fee paid. The planning and development director shall issue a temporary use permit only upon finding that the proposed use satisfies the requirements set forth in section 7-14-2 of this chapter.

(e)   Public notification. No public notification is required for temporary use permit requests.

(f)   Formal review. No formal review of temporary use permit requests is required. Requests shall be reviewed by appropriate city staff to assure compliance with all applicable regulations and requirements.

(g)   Variances. Requests for variances from the requirements set forth in this chapter shall be heard by the board of adjustment under the procedures established in section 7-6-1.

(h)   Appeals. Appeals of the decisions of the planning and development director shall be heard by the board of adjustment under the procedures established in section 7-6-2.

(i)   Permit validity. The temporary use permit shall be valid only for the time period stated on the permit, as set forth in section 7-14-2.

(j)   Violations. Violations of the conditions of the temporary use permit shall be considered a violation of this chapter and shall be subject to the enforcement and penalty provisions set forth in article XVIII of this chapter.

(k)   Public emergencies. In the event of a natural disaster, catastrophic event or public emergency the city manager or her/his designee may waive any temporary use permit procedures and authorize the placement of temporary use facilities which are deemed necessary or desirable in conjunction with the management of the emergency.

(a)   Purpose. Uses by right, subject to special requirements, are uses permitted by right, provided that the special requirements set forth in subsection 7-16-1 are met. The special requirements are intended to insure that the uses fit the intent of the zoning districts within which they are permitted, and that the uses are compatible with other development permitted within the zoning districts. Review and approval of these uses are handled by the planning and development director, who has no discretion to modify the special requirements.

(b)   Pre-application procedure. A pre-application conference is not required for approval of uses by right, subject to special requirements. Applicants are encouraged, however, to contact the planning and development director to discuss the special requirements.

(c)   Plan submittal.

(1)   Filing of application. An application for a permit for a use by right, subject to special requirements, may be filed by the owner of the property or by an agent specifically authorized by the owner to file such application. Where an agent files the application, the agent shall provide documentation that the owner of the property has authorized the filing of the application. The application for a permit for a use by right, subject to special requirements, shall be filed with the development and permitting center on a form provided by the center.

(2)   Fees. A permit fee, as established by the City of Asheville Fees and Charges Manual, shall be submitted with the application.

(3)   Information required. Each application for a permit for a use by right, subject to special requirements, shall contain all information described in Appendix B (Checklists for applications). The application shall be accompanied by a site plan meeting the requirements for site plans set forth in Appendix A (Map and Plan Standards).

(d)   Staff review. The planning and development director shall review the proposed use and determine if the special requirements for that use have been met. If the special requirements have been met, the use shall be approved. Failure to meet all the special requirements shall result in denial of a permit for the proposed use. The planning and development director shall approve or deny the proposed restricted use or request more information, if needed, within ten working days of submittal. If the application is found to be incomplete, the planning and development director shall notify the applicant of any deficiencies. No further steps will be taken to process the application until the applicant corrects the deficiencies. The planning and development director shall approve the use only upon finding that the proposed use satisfies all applicable requirements set forth in this chapter. Provided the application is complete, failure by the planning and development director to review the application within ten working days shall result in the refund of any application fees paid.

(e)   Public notification. Public notification is not required.

(f)   Formal review. Formal review is not required.

(g)   Variances. Variances from the special requirements constitute "use variances" and shall not be permitted.

(h)   Appeals. Appeals of decisions of the planning and development director regarding applications for a use by right, subject to special requirements, shall be heard by the board of adjustment under the procedures established in section 7-6-2.

(i)   Permit validity. The permit for a use by right, subject to special requirements, shall be valid for one year from the date of its issuance. Failure to initiate construction or otherwise begin the permitted use within this time shall render the permit void. The planning and development director may grant a single extension of this time period of up to six months upon submittal by the applicant of sufficient justification for the extension.

(j)   Violations. Failure to establish or maintain the special requirements is considered a violation of this chapter and shall subject the offender to the enforcement and penalty provisions of article XVIII of this chapter.

   While TRC preliminary review and recommendation are considered useful for ensuring to the greatest extent that applications meet all applicable laws and regulations, the TRC recommendations are not determinative and no part of the recommendation may be used as the sole basis for the Planning and Zoning Commission’s final quasi-judicial decision.

   If approved by the planning and zoning commission, no permits may be issued related to the approved special use permit pertinent to the specific property until the property owner has recorded the approved plan and conditions at the Buncombe County Register of Deeds including notation of the pertinent deed number with book and page reference.

   Final plans for phases of the special use may be submitted in stages and shall be approved by City staff provided that the following requirements are met:

(1)   All stages shall be shown with precise boundaries on the master plan and shall be numbered in the expected order of development.

(2)   Each phase must be able to exist independently of subsequent phases by meeting all applicable laws and regulations as if the phase were a separate project.

(3)   All the data required for the project as a whole shall be given for each stage shown on the plan.

(4)   A proportionate share of the open space and common facilities shall be included in each stage of the development.

(5)   The phasing shall be consistent with the traffic circulation, drainage, and utilities plan for the entire master plan for the special use.

(6)   Each phase of the special use must comply with any and all conditions attached to the approval of the special use permit by the Planning and Zoning Commission.

   Permits for the phased development of a special use project shall remain valid for the time approved by the Planning and Zoning Commission as part of the special use approval of the master plan for the special use.

(a)   Purpose. The review procedure for manufactured housing communities is required for developments which propose the provision of two or more manufactured homes or manufactured home spaces for rent. This review procedure is designed to assure that the communities comply with the design standards set forth in subsection 7-9-5. Public comment, particularly from owners of neighboring property, is provided for through this review procedure.

(b)   Pre-application procedure.

(1)   Conference. Prior to the submittal of an application for approval of a manufactured housing community, the applicant is required to meet with the planning and development director in a pre- application conference. The purposes of this conference are to provide clarification and assistance in the preparation and submission of plans for approval. The sketch plan, as described below, shall be presented for review during the conference.

(2)   Sketch plan.

a.   Required for review. A sketch plan is required for review by the planning and development director for all proposed manufactured housing communities.

b.   Preparation. The sketch plan shall be prepared in accordance with Appendix A (Map and Plan Standards) and submitted to the planning and development department.

(3)   Neighborhood meeting. It is highly recommended that the developer meet with representatives of the neighborhood in which the proposed project is located. This meeting, which should be held at the pre- application stage, will allow the developer to explain the proposed project and to be informed of the concerns of the neighborhood.

(c)   Plan submittal.

(1)   Filing of application. An application for approval of a manufactured housing community may be filed by the owner of the property or by an agent specifically authorized by the owner to file such application. Where an agent files the application, the agent shall provide documentation that the owner of the property has authorized the filing of the application. The application for a manufactured housing community shall be filed with the development and permitting center on a form provided by the center.

(2)   Fees. Fees as established by the City of Asheville's Fees and Charges Manual shall be due and payable when the site plan is submitted.

(3)   Information required.

a.   General. Each application for a manufactured housing community shall contain all of the information described in Appendix B (Checklists for Applications).

b.   Site plan required. A site plan depicting the proposed manufactured housing community shall be required for all proposed rental communities.

c.   Preparation by registered professional. The site plan shall be prepared by a registered land surveyor, licensed architect, or licensed engineer and shall be prepared in accordance with Appendix A (Map and Plan Standards).

d.   Submittal of plans. Fifteen copies of the site plan must be submitted to the development and permitting center at least 14 days prior to the technical review committee meeting at which it is to be reviewed.

(d)   Staff review.

(1)   Planning and development staff review. Following submittal of the site plan for the manufactured housing community, it shall be reviewed by the planning and development director for compliance with the requirements of this chapter.

(2)   Submittal of plans to technical review committee (TRC). The planning and development director shall present site plans for manufactured housing communities to the technical review committee at its next regular meeting. The technical review committee shall review the site plan for compliance with existing federal, state, and local regulations. This review shall be made by the members of the technical review committee and by any other agencies or officials as determined by the planning and development director.

(3)   Action by technical review committee.

a.   Timing. The technical review committee shall take action within ten working days of reviewing the site plan. Provided the application is complete, failure by the technical review committee to take action within ten working days shall result in the refund of any application fees paid. The refund of the application fee due to the expiration of the ten working days shall not cause the review of the application to cease. Staff shall continue with the review of the application.

b.   Approval. If the site plan is approved by the technical review committee, the planning and development director shall present the site plan and the manufactured housing community (MHC district) designation for review and approval at the next regular meeting of the Asheville Planning and Zoning Commission.

c.   Conditional approval. If the site plan receives conditional approval from the technical review committee ("TRC"), the applicant shall revise the plan based upon the conditions of the approval and resubmit it. The revised plan shall be reviewed by the planning and development director and if it meets all the approval conditions, the site plan and the MHC District designation shall be presented for review and approval at the next available regular meeting of the Asheville Planning and Zoning Commission. If the plan is not revised within 60 days after conditional approval from the TRC to meet the conditions, the request shall be deemed denied.

d.   Denial. If the site plan is denied approval by the technical review committee, the reasons for denial shall be provided in writing to the applicant. The site plan may be revised to address the reasons for denial and resubmitted in accordance with the provisions of this chapter.

(e)   Formal review.

(1)   Action by Asheville Planning and Zoning Commission.

a.   Public hearing. Upon receiving the application and site plan for a manufactured housing community from the planning and development director, the Asheville Planning and Zoning Commission shall hold a public hearing on the proposed development.

b.   Review of site plan and manufactured housing community (MHC) district designation. The site plan and MHC District designations shall be reviewed at the next regularly scheduled meeting of the Asheville Planning and Zoning Commission following review and approval or conditional approval of the plan by the technical review committee.

c.   Recommendation for approval of MHC district designation and approval of site plan. If the site plan is approved and the MHC district designation is recommended for approval by the Asheville Planning and Zoning Commission, the planning and development director shall notify the city clerk and present the MHC district designation for review and consideration at the next regular meeting of the Asheville City Council.

d.   Approval of MHC district designation and conditional approval of site plan. If the Asheville Planning and Zoning Commission recommends approval of the MHC district designation and grants conditional approval to the site plan, the applicant shall revise the plan based upon the conditions of the approval and resubmit it. The planning and development director shall review the revised plan and if it meets all of the approval conditions and is otherwise unchanged from the original, shall signify on the plan the change of status from conditional approval to approval. The planning and development director shall then present the MHC district designation for review and consideration at the next regular meeting of the Asheville City Council. The applicant shall have 60 days to revise the plan in accordance with the approval conditions or it shall be deemed denied.

e.   Denial of the MHC district designation and/or site plan. If either the MHC district designation or the site plan is recommended for denial, the entire project is considered denied. If the project is denied, the applicant shall be informed in writing of the reasons for denial. If the MHC district designation is denied, the request cannot be reconsidered until one year after the date of action taken by the Asheville Planning and Zoning Commission to deny the request.

f.   Timing. The Asheville Planning and Zoning Commission shall consider the request at its next regular meeting, unless parties agree to another time.

(2)   Action by Asheville City Council.

a.   Review of MHC district designation. Following review and recommendation for approval by the Asheville Planning and Zoning Commission, the MHC District designation shall be presented for review and consideration at the next available meeting of the Asheville City Council. The public hearing will be scheduled as provided by city council's rules of procedure. The city council does not review the preliminary master plan unless the decision of the Asheville Planning and Zoning Commission is appealed.

b.   Approval of MHC district designation. If the Asheville City Council approves the MHC district designation, the applicant may then apply for all appropriate construction permits and proceed toward construction.

c.   Denial of MHC district designation. If the Asheville City Council denies the MHC district designation, the applicant will be informed in writing of the reasons for denial. If the Asheville City Council denies the MHC district designation, the provisions of section 7-7-7 (Waiting Period for Subsequent Applications) shall apply.

d.   Timing. The Asheville City Council shall consider the request within 35 days of receiving the request for consideration of the MHC district designation.

(3)   Public dedications. Asheville City Council approval and acceptance are required for the public dedication of any properties, streets, easements, or rights-of-way. When public dedications are required, the request will be presented for review and approval at the next available meeting of the Asheville City Council. The Asheville City Council shall take action within 30 days of reviewing the request for public dedication. Approval of public dedications shall be a condition of project approval.

(f)   Public notification. Notice of public hearings or public meetings required under this section for manufactured housing community approval shall be provided in accordance with the provisions of section 7-5-20 of this chapter.

(g)   Project phasing. If a project is to be developed in phases, a master plan for the entire development site must be approved by the Asheville Planning and Zoning Commission prior to the beginning of construction on any phase.

(1)   All stages shall be shown with precise boundaries on the master plan and shall be numbered in the expected order of development.

(2)   Each phase must be able to exist independently of subsequent phases by meeting all applicable laws and regulations as if the phase were a separate project.

(3)   All the data required for the project as a whole shall be given for each stage shown on the plan.

(4)   A proportionate share of the open space and common facilities shall be included in each stage of the development.

(5)   The phasing shall be consistent with the traffic circulation, drainage, and utilities plan for the entire master plan for the rental community.

(h)   Variances. Variances from the requirements of this chapter for manufactured housing communities may be approved by the Asheville City Council upon the recommendation of the Asheville Planning and Zoning Commission. Requests for variances shall be identified in the public notices required by subsection 7-5-7(f).

(i)   Appeals. If the site plan is denied or granted conditional approval, or if no action is taken within ten days by the technical review committee, the applicant may appeal the decision to the Asheville Planning and Zoning Commission within 30 days after denial, conditional approval, or lack of action by the technical review committee. The Asheville Planning and Zoning Commission shall approve, grant conditional approval, or deny the site plan.

(j)   Permit validity. Approval of the site plan for a manufactured housing community and the MHC zoning designation shall be valid for one year from the date of approval by Asheville City Council. Failure to initiate construction, or otherwise begin the permitted use, within this time shall render the manufactured housing community approval void.

(k)   Violations. Violations of the approved master plan for the manufactured housing community shall be considered a violation of this chapter and subject to the provisions of section 7-18.

(a)   Major subdivisions.

(1)   Purpose and application. The major subdivision review process is required for those divisions of land into two or more lots where the extension of public streets or private streets built to City of Asheville standards is required. Review of the preliminary plat by the Technical Review Committee ("TRC") is required under the major subdivision review process. Review and approval of the final plat is done by the technical review staff.

(2)   Pre-application procedure.

a.   Conference. It is required that every applicant for a major subdivision meet with the designated staff in a conference prior to the submittal of a subdivision plat. The purpose of this conference is to provide clarification and assistance in the preparation and submission of plats for approval.

b.   Sketch plan. A sketch plan shall be submitted to the development services department prior to or at the pre-application conference. Upon submittal of the sketch plan, the designated staff shall conduct an initial review to determine whether the proposed subdivision is a major subdivision.

c.   Neighborhood Meeting. The prospective applicant shall meet with the surrounding community during the pre-application phase. No application for Level II development shall be accepted for review by the city unless the following criteria are met:

1.   A community meeting shall be held with the surrounding residents of the proposed development site at least 14 days but not more than four months prior to any application submission to the city. This meeting shall follow the principals outlined in the “Neighborhood and Community Meeting Guide for Development” (Guide) as maintained by the city.

a.   A sign meeting the requirements found in the guide shall be posted on each street frontage of the proposed development site at least 14 days prior to the meeting date; and

b.   Mailed notice shall be sent to all physical addresses and property owners within 400 feet of the proposed development site. This notice shall follow the published template provided by the city; and

c.   E-mailed notice shall be sent to any neighborhood association or organization on file with the city’s neighborhood services section at least 14 days prior to the meeting date; and

d.   The prospective developer or designee shall register the neighborhood meeting with the city on a form provided by the city at least 14 days prior to the meeting date.

3.   Evidence of compliance with this section shall be provided to the city on a form provided by the city prior to submittal of any application for Level II development.

(3)   Preliminary plat/site plan submittal.

a.   Plat/Site plan(s) required. A preliminary plat/site plan(s) for a proposed major subdivision shall be prepared by a professional land surveyor, licensed landscape architect, or licensed engineer and shall be prepared in accordance with the Unified Development Ordinance ("UDO"), the City of Asheville Standard Details and Specifications Manual, other applicable city ordinances, city policies and state law.

b.   Filing of application. A complete application packet containing all information as required by the development services director shall be submitted according to the established schedule of the TRC prior to the technical review committee meeting at which it is to be reviewed.

c.   Public notification.

1.   Application. Notice of the major subdivision application shall be posted on the property at a conspicuous place at least seven days prior to the TRC meeting at which the major subdivision application will be considered. The sign shall state the words "Notice of Technical Review Meeting" in letters at least six inches high and shall identify the means to contact the appropriate city official or website for information about the application.

2.   Decision. No later than ten days after a decision on the major subdivision application is made by the TRC, a copy of such decision shall be mailed to property owners within 200 feet pursuant to Section 7-5-20(b)(2).

d.   Review and action at TRC. The preliminary plat of a proposed major subdivision shall first be reviewed by the designated staff for compliance with the subdivision regulations and other applicable provisions. Unless required to be reviewed by the HRC as set forth in subsection (e) below, the designated staff shall then present the preliminary plat to the TRC at the next regular meeting of the TRC following receipt of the application. Review of the preliminary plat by the TRC will be ministerial in nature, and limited to compliance with the regulations set forth in this UDO. The TRC may vote to approve, approve with conditions, or deny the preliminary plat. The preliminary plat decision is considered final on the date the TRC renders its decision.

e.   Historic overlay districts and local historic landmarks. All lots of proposed subdivisions located in a historic overlay district or of land designated as a local historic landmark shall be reviewed by the Historic Resources Commission ("HRC") for issuance of a preliminary approval to ensure that any potential development on the proposed subdivided lot(s) that would require a certificate of appropriateness would not be incongruous with the special character of the historic district and/or local historic landmark in terms of building setback, orientation and consistency with the historic development pattern. HRC approval shall precede TRC review, if applicable. The process for HRC review of proposed subdivisions and preliminary approval shall be quasi-judicial; decisions shall be made based on the applicable ordinances and historic design standards guidelines. Subsequent to final subdivision approval, a separately issued certificate of appropriateness(s) will be required for any proposed construction and/or actual site development (if not included as part of the initial subdivision review) prior to issuance of building and zoning permits in accordance with section 7-5-11 of the City Code.

f.   Approvals. Approval of the preliminary plat for major subdivisions shall be valid for two years from the date of approval by the TRC. The final plat for the major subdivision shall be approved and recorded prior to the end of this two-year period. An HRC approved subdivision shall be valid for two years from the date of approval by the HRC. Major subdivisions with more than 20 lots shall be exempt from this time limit as set forth in this section, but are instead subject to the phasing schedule appearing in the approved preliminary plat; however, under no circumstances shall this phasing period exceed five years.

(4)   Guarantee in lieu of construction of improvements. In lieu of completion of construction of the required improvements and utilities prior to final plat approval, the property owner may submit to the city a performance guarantee as set forth in Article XV.

(5)   Final plat. The final plat of a major subdivision shall be reviewed by the designated staff for compliance with the requirements of this chapter and for conformity with the approved preliminary plat. Substantial changes from the preliminary plat, as determined by the planning and development director, or their designee, shall require an additional review by the TRC, to ensure compliance with existing regulations. Provided the final plat is complete, and no further review is determined to be required, the designated staff shall act on the final plat of major subdivisions within 30 days of receipt of the plat. Following final plat approval, the applicant shall record the plat for the major subdivision in accordance with this subsection. No lots in a subdivision shall be sold prior to approval by the city and recording of a plat for the subdivision.

a.   Recordation and signatures.

1.   Signatures. Upon approval of a final plat for major subdivisions, the plat shall be signed in the appropriate place by the designated staff and by the owner(s).

2.   Recordation. A final plat for major subdivisions must be recorded in the office of the Register of Deeds for Buncombe County in compliance with the North Carolina General Statutes within 30 days following approval by the city. No plat shall be considered finally approved until the plat has been recorded.

3.   Phasing. Final plats for subdivisions developed in phases shall be recorded in accordance with the schedule set forth in the preliminary plat and approved by the TRC. The applicant may request, in writing, adjustments of the approved schedule and the designated staff may grant extensions of up to 12 months for each phase.

(6)   Acceptance of rights-of-way and easements. The approval of a final plat does not constitute acceptance for maintenance or other purposes of improvements in rights-of-way, such as utility lines, street paving, drainage facilities, or sidewalks. Such improvements, when located within the corporate limits of the City of Asheville, may be accepted only by action by the City of Asheville City Council following inspection and approval.

(7)   Open space dedication and acceptance. Land designated as public open space or a park on a plat shall be considered to be offered for dedication but not accepted until the Asheville City Council has by express action done so. Until such dedication has been accepted, such areas may be used for open space purposes by its owner or by an association representing owners of lots within the subdivision. Land so offered for dedication shall not be used for any purpose inconsistent with the proposed public use without the approval of the Asheville City Council.

(b)   Minor subdivisions.

(1)   Purpose. The minor subdivision review process is required for those divisions of land into two or more lots which do not require the extension of public streets or private streets built to City of Asheville standards. Review and approval of the subdivision plat by the staff permits a speedy review while insuring that the proposed subdivision meets all requirements established by the City of Asheville.

(2)   Pre-application conference. It is recommended that every subdivision applicant meet with the designated staff in a conference prior to the submittal of a subdivision plat. The purpose of this conference is to provide clarification and assistance in the preparation and submission of plats for approval.

(3)   Plan submittal.

a.   Plan required. Plats for minor subdivisions shall be prepared by a professional land surveyor in accordance with all applicable city standards, including those set forth by the UDO, the City of Asheville Standard Details and Specifications Manual, other applicable city ordinances, city policies and state law.

b.   Filing of application. Plats and a complete application packet containing all information established by the development services director for minor subdivisions shall be submitted to the development services department.

(4)   Staff review. Unless review by the HRC is required by subsection (5) below, the plat for a proposed minor subdivision shall be reviewed by the designated staff for compliance with these subdivision regulations and other applicable provisions. The review shall also include compliance by the plat with other ordinances and regulations of the City of Asheville.

(5)   Historic overlay districts and local historic landmarks. All lots of proposed subdivisions located in a historic overlay district or of land designated as a local historic landmark shall be reviewed by the HRC for issuance of a preliminary approval to ensure that any potential development on the proposed subdivided lot(s) that would require a certificate of appropriateness would not be incongruous with the special character of the historic district and/or local historic landmark in terms of building setback, orientation and consistency with the historic development pattern. HRC approval shall precede TRC review, if applicable. The process for HRC review of proposed subdivisions and preliminary approval shall be quasi-judicial; decisions shall be made based on the applicable ordinances principles and historic guidelines. Subsequent to subdivision final approval, a separately issued certificate of appropriateness(s) will be required for any proposed construction and/or actual site development (if not included as part of the initial subdivision review) on the lot(s) prior to issuance of building and zoning permits in accordance with the provisions of section 7-5-11 of the City Code.

(6)   Public notification. No public notification is required for minor subdivision review.

(7)   Final plat approval.

a.   Recordation and signatures.

1.   Signatures. Upon approval of a plat for minor subdivisions, the plat shall be signed in the appropriate place by the designated staff and by the owner(s).

2.   Recordation. A plat for minor subdivisions must be recorded in the office of the Register of Deeds for Buncombe County in compliance with the North Carolina General Statutes within 30 days following approval by the city. No plat shall be considered finally approved until the plat has been recorded. No lots in a subdivision shall be sold prior to approval by the city and recording of a plat for the subdivision.

(c)   Fees. For all categories of subdivision, fees as established by the City of Asheville Fees and Charges Manual shall be due and payable when the application is submitted.

(d)   Appeals. All appeals from preliminary and final plat approvals shall be to Buncombe County Superior Court in accordance with state law.

(e)   Violations. Violations of the provisions of this section shall be subject to the enforcement and penalty provisions set forth in article XVIII of this chapter.

(a)   Level III development.

(1)   Purpose and application. Due to their size and level of activity, Level III Developments are expected to have a significant impact upon public services and infrastructure and need to be managed for the benefit of the neighborhood or city as a whole. Approval for a Level III development requires a rezoning to one of the expansion zoning districts found in Article VIII of this chapter and must comply with the specific conditions of that expansion district along with the development standards in the Unified Development Ordinance (UDO), the Standard Specifications and Details Manual, and based upon goals outlined within the Comprehensive Plan or other adopted plans.

a.   New construction and changes of use to a higher impact for uses allowed within the respective zoning district on parcels zoned Residential Single-Family Low Density (RS-2), Residential Single-Family Medium Density (RS-4), Residential Single-Family High Density (RS-8), Residential Multi-Family Low Density (RM-6), Residential Multi-Family Medium Density (RM-8), Residential Multi-Family High Density (RM-16), Commercial Industrial (CI), Light Industrial (LI), Industrial (IND), River (RIV), RAD River (RAD-RIV), RAD Open Space (RAD-OSP), Urban Residential (UR), Urban Village (UV), Urban Place (UP), and Airport (ARPT):

1.   Industrial building(s), structure(s), or development(s) in the river zoning district with a gross floor area of 100,000 square feet or more;

2.   Commercial, office, or institutional building(s), structure(s) or development(s) with a gross floor area of 100,000 square feet or more;

3.   Mixed use building(s), structure(s), or development(s) with a gross floor area of 150,000 square feet or more and where between 30-80 percent of the gross square footage is dedicated to residential dwelling units;

4.   Any residential development or residential subdivisions containing 50 or more individual dwelling units; or containing 80 or more individual dwelling units if within the Urban Place Form district;

5.   Any hotel, whether alone or in combination with other uses, that:

a.   Fails to meet the criteria in subsection 7-9-7(f) of this chapter,

b.   Is over 100 feet in height, or

c.   Has a room count over 115 rooms.

b.   New construction and changes of use to a higher impact for uses allowed within the respective zoning district on parcels zoned Neighborhood Business (NCD), Office (OFF I), Office II (OFF II), Office/Business (OB), Community Business I (CBI), Community Business II (CBII), Highway Business (HB), Regional Business (RB), Neighborhood Corridor (NCD), Institutional (INST), Haywood Road (HR), RAD Residential (RAD-RES), RAD Lyman Hollow (RAD-LYH), RAD Neighborhood Transition (RAD-NT), RAD Shopfront (RAD-SHP), RAD Industrial (RAD-IND), and Resort (RSRT).

1.   Commercial, office, or institutional building(s), structure(s) or development(s) with a gross floor area of 100,000 square feet or more;

2.   Office or institutional building(s), structure(s) or development(s) with a gross floor area of 100,000 square feet or more;

3.   Any residential building(s), structure(s), development(s) or subdivision(s) containing 50 or more individual dwelling units, or exceeding Level II thresholds cited in Sec. 7-5-9(b)(1)(b)(3);

4.   Mixed use building(s), projects structure(s), or development(s) with a gross floor area of 150,000 square feet or more and where over between 30-80 percent of the gross square footage is dedicated to residential dwelling units, or exceeding Level II thresholds cited in Sec. 7-5-9(b)(1)(b)(4);

5.   Reserved.

6.   Any campground, camper-trailer park, or combination thereof, with 50 or more individual sites and/or units;

7.   Any hotel, whether alone or in combination with other uses, that:

a.   Fails to meet the criteria in subsection 7-9-7(f) of this chapter,

b.   Is over 100 feet in height, or

c.   Has a room count over 115 rooms.

c.   Additions/expansions. Projects which were not previously approved as a Level III project, but which, with an addition or expansion meets all of the following shall be considered Level III projects: (i) result in a net increase of at least 25 percent or more of the thresholds in section 1(a) above; and (ii) will, with the addition or expansion, reach the minimum thresholds in section 1(a) above.

d.   Developments which meet all of the following criteria shall be considered one development and shall be reviewed as a Level III project under this section:

1.   The proposed development and a previously approved development are located within 500 feet of each other; and

2.   The proposed development and a previously approved development represent different phases of a larger plan that include shared infrastructure, including but not limited to: parking facilities, access, utilities, and walls.

3.   The application for the proposed development is received within three years of the issuance of a certificate of occupancy for a previously approved development.

(2)   Rezoning required. All Level III developments are allowed only in one of the expansion districts enumerated in article VIII of this chapter and include individualized development conditions and a development plan to accompany the rezoning application.

(3)   Application procedure. Applications for Level III developments shall follow the conditional zoning process specified in section 7-7-8 of this chapter.

(4)   Development plan(s) required. A development plan for a proposed Level III development shall be prepared by a licensed design professional in accordance with the Unified Development Ordinance (UDO), the City of Asheville Standard Details and Specifications Manual, other applicable city ordinances, city policies and state law.

(b)   Level II site plan review process.

(1)   Purpose and application. The Level II site plan review process is required for development applications within the planning and regulation jurisdiction of the City of Asheville involving new construction, additions, renovations, and changes of use which would fall into one or more of the following categories:

a.   New construction and changes of use to a higher impact for uses allowed within the respective zoning district on parcels zoned Residential Single-Family Low Density (RS-2), Residential Single-Family Medium Density (RS-4), Residential Single-Family High Density (RS-8), Residential Multi-Family Low Density (RM-6), Residential Multi-Family Medium Density (RM-8), Residential Multi-Family High Density (RM-16), Commercial Industrial (CI), Light Industrial (LI), Industrial (IND), River (RIV), RAD River (RAD-RIV), RAD Open Space (RAD-OSP), Urban Residential (UR), Urban Village (UV), Urban Place (UP), and Airport (ARPT):

1.   Industrial buildings(s), structure(s), or developments in the industrial or commercial industrial districts with a gross floor area of 100,000 square feet or more;

2.   Commercial, office, or institutional building(s), structure(s), or development(s) with a gross floor area of 35,000 square feet to 99,999 square feet;

3.   Any residential development or camper-trailer park containing 20 to 49 individual dwelling units; or containing 20 to 79 individual dwelling units if within the Urban Place Form district.

4.   Mixed use building(s), project(s), or development(s) with a gross floor area of 35,000 square feet to 149,999 square feet and where between 30-80 percent of the gross square footage is dedicated to residential dwelling units;

b.   New construction and changes of use to a higher impact for uses allowed within the respective zoning district on parcels zoned Neighborhood Business (NCD), Office (OFF I), Office II (OFF II), Office/Business (OB), Community Business I (CBI), Community Business II (CBII), Highway Business (HB), Regional Business (RB), Neighborhood Corridor (NCD), Institutional (INST), Haywood Road (HR), RAD Residential (RAD-RES), RAD Lyman Hollow (RAD-LYH), RAD Neighborhood Transition (RAD-NT), RAD Shopfront (RAD-SHP), RAD Industrial (RAD-IND), and Resort (RSRT).

1.   Industrial building(s), structure(s), or development(s) in the river zoning district with a gross floor area of 50,000 to 99,999 square feet;

2.   Commercial, office, or institutional building(s), structure(s) or development(s) with a gross floor area of 35,000 to 99,999 square feet;

3.   Any residential building(s), structure(s), development(s), or subdivision(s) containing 20 to 49 individual dwelling units, except:

a.    Residential projects with a gross floor area of 35,000 to 99,999 square feet designating 5% of units as affordable at 80% AMI or 3% of units as affordable at 60% AMI for a minimum of 20 years.

b.    Residential projects with a gross floor area of 35,000 to 149,999 square feet designating 10% of units as affordable at 80% AMI or 5% of units as affordable at 60% AMI for a minimum of 20 years.

c.    Residential projects with a gross floor area of 35,000 to 199,999 square feet designating 15% of units as affordable at 80% AMI or 8% of units as affordable at 60% AMI for a minimum of 20 years.

4.   Mixed use building(s), projects structure(s), or development(s) with a gross floor area of 35,000 to 149,999 square feet or more and where over between 30-80 percent of the gross square footage is dedicated to residential dwelling units, or:

a.    Mixed-use projects with a gross floor area of 35,000 to 199,999 square feet designating 10% of units as affordable at 80% AMI or 5% of units as affordable at 60% AMI for a minimum of 20 years.

b.    Mixed-use projects with a gross floor area of 35,000 to 249,999 square feet designating 15% of units as affordable at 80% AMI or 8% of units as affordable at 60% AMI for a minimum of 20 years.

c.   Additions/expansions. Projects which were not previously approved as a Level II project, but which, with an addition or expansion meets all of the following shall be considered Level II projects: (i) result in a net increase of at least 25 percent or more of the thresholds in section 1(a) above; and (ii) will, with the addition or expansion, reach the minimum thresholds in section 1(a) above.

d.   Projects combined. Developments which meet all of the following criteria shall be considered one development and shall be reviewed as a Level II project under this section:

1.   The developments are located within 500 feet of each other;

2.   The proposed development and a previously approved development represent different phases of a larger plan that include shared infrastructure, including but not limited to: parking facilities, access, utilities, and walls.

3.   The application for the proposed development is received within three years of a certificate of occupancy for a previous development.

(2)   Pre-application procedure.

a.   All applicants for Level II site plan review are required to schedule and attend a pre-application conference with city staff prior to submittal of the application. This conference allows the applicant and staff an opportunity to discuss the review process, the requirements for completing the review schedule, contact persons for services and permits, and information regarding site plans, landscaping, and development requirements. Information regarding the need for a grading and erosion control plan, which will have to be approved through the sedimentation and erosion control staff, will be provided at this time.

b.   Community meeting required. The prospective applicant shall meet with the surrounding community during the pre-application phase. No application for Level II development shall be accepted for review by the city unless the following criteria are met:

1.   A community meeting shall be held with the surrounding residents of the proposed development site at least 14 days but not more than four months prior to any application submission to the city. This meeting shall follow the principals outlined in the “Neighborhood and Community Meeting Guide for Development” (Guide) as maintained by the city.

2.   Notification requirements. The meeting shall be advertised as follows:

a.   A sign meeting the requirements found in the guide shall be posted on each street frontage of the proposed development site at least 14 days prior to the meeting date; and

b.   Mailed notice shall be sent to all physical addresses and property owners within 400 feet of the proposed development site. This notice shall follow the published template provided by the city; and

c.    E-mailed notice shall be sent to any neighborhood association or organization on file with the city’s neighborhood services section at least 14 days prior to the meeting date; and

d.   The prospective developer or designee shall register the neighborhood meeting with the city on a form provided by the city at least 14 days prior to the meeting date.

3.   Evidence of compliance with this section shall be provided to the city on a form provided by the city prior to submittal of any application for Level II development.

(3)   Plan submittal.

a.   Site plan(s) required. A site plan for a proposed Level II project shall be prepared by a licensed design professional and shall be prepared in accordance with the Unified Development Ordinance (UDO), the City of Asheville Standard Details and Specifications Manual, other applicable city ordinances, city policies and state law.

b.   Filing of application. A complete application packet containing all information as required by the development services director shall be submitted according to the established schedule of the TRC prior to the technical review committee meeting at which it is to be reviewed.

c.   Public notification.

1.   Application. Notice of the Level II application shall be posted on the property at a conspicuous place at least seven days prior to the TRC meeting at which the Level II application will be considered.

2.   Decision. No later than ten days after a decision on the Level II application is made by the TRC, a copy of such decision shall be mailed to property owners within 200 feet pursuant to section 7-5-20(b)(2).

d.   Action by the technical review committee. The site plan for a proposed Level II project shall first be reviewed by the designated staff for compliance with the applicable regulations and other provisions. The designated staff shall then present the proposed site plan to the TRC at the next regular meeting following receipt of the application. Review of the site plans by the TRC shall be ministerial in nature, and limited to compliance with the regulations set forth in this UDO, the City of Asheville Standard Details and Specifications Manual, other applicable city ordinances, city policies and state law. The TRC may vote to approve, approve with conditions, or deny the site plan. The site plan decision is considered final on the date the TRC renders its decision.

e.   Approvals. Approval of a Level II site plan shall be valid for one year from the date of approval by the TRC. If a zoning permit is not obtained within one year of the TRC approval, the decision of the TRC shall be null and void.

(4)   Appeals. Appeals of decisions of the technical review committee regarding developments requiring Level II site plan approval shall be heard by the board of adjustment in accordance with the procedures set forth in section 7-6-2 of this chapter.

(5)   Violations. Violations of the approved site plan shall be considered a violation of this chapter and subject to the enforcement and penalty provisions of article XVIII of this chapter.

(c)   Level I site plan review process.

(1)   Purpose. The Level I site plan review process is required for development projects within the planning and regulation jurisdiction of the City of Asheville and its extraterritorial jurisdiction involving new construction, additions, renovations, and changes of use which do not meet the requirements of the Level II or Level III site plan review processes as set forth in subsections 7-5-9(b) and 7-5-9(a), but do fall into one or more of the following categories:

a.   All new developments not meeting the threshold for Level II site plan review, except residential projects containing not more than four dwelling units;

b.   Additions with a gross floor area of 1,500 square feet or more (excluding residential projects containing not more than four dwelling units;

c.   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;

d.   Properties located within 500 feet of each other, under the same ownership and/or developed by the same developer over a period of three years or less shall be considered to be one development and reviewed as such;

e.   Development projects that require site and/or landscape compliance as referenced in Article XI: Development and Design Standards: section 7-11-1 — General; section 7-11-3 — Landscape and buffering standards; section 7-11-3(f) — Compliance and maintenance; and section 7-11-10 — Outdoor lighting standards.

(2)   Pre-application procedure. A predevelopment conference with the planning and development director prior to the preparation of development plans is recommended. This conference introduces the applicant to the review process and the information required on the site plans, landscaping, development standards, and to the contact persons for services and permits. Information regarding the need for a grading and erosion control plan, which will have to be approved through the Asheville sedimentation and erosion control staff, will be provided at this time. The need for special reviews such as reviews by the historic resources commission, the tree commission, the housing authority of the city, the board of adjustment, or the downtown design review staff, can be determined at this time.

(3)   Plan submittal.

a.   Application required. An application shall be required for all Level I site plan review requests. This application shall contain all information described in Appendix B (Checklists for Applications) and shall be accompanied by a site plan prepared in accordance with the requirements of Appendix A (Map and Plan Standards). The application and site plan shall be submitted to the development and permitting center.

b.   Fees. Fees as established by the City of Asheville Fees and Charges Manual shall be due and payable upon submittal of the application for Level I site plan review.

c.   Submittal of application. Applications for Level I site plan review, with six copies of the site plans, shall be submitted to the development and permitting center. Applications may be submitted at any time.

(4)   Staff review.

a.   Departmental review. Upon receipt of the application for Level I site plan review, the site plans shall be distributed to and reviewed by the affected departments of the city for compliance with the requirements of this chapter and other applicable ordinances and laws.

b.   Action by reviewing departments. Provided the application and site plan are complete, all departments of the city reviewing the site plan shall take action within ten working days of receipt by the department of the application. Provided the application and site plan are complete, failure of the planning and development director, or any other department of the city reviewing the site plan, to take action within this time shall result in the refund of any applicable application fees for the application and site plan. The refund of any application fee due to the expiration of ten working days shall not cause the review of the application to cease. Staff shall continue with the review of the application. Where the issuance of any city permit shall also require the approval of an agency or department of the United States of America or the approval of the North Carolina Department of Transportation, or of any other state or federal agency or department, the transmittal by the city of the documentation required of the city to these entities shall constitute action by the city within the meaning of this section.

c.   Approval. If the site plan is approved by a reviewing city department, that department shall issue an approval to the city's permitting and development office stating any conditions of the approval and notify the applicant that the reviewing city department has completed its review and issued an approval for those elements for which the department is responsible. Notification may be by telephone, facsimile transmission, electronic mail, the Internet, United States mail, or by private mail, wire or messenger service. In all cases, a written copy of the approval along with any conditions shall be attached to the permit released to the applicant by the permitting and development office. The applicant may then proceed with obtaining zoning, building, construction, and other required permits. Projects that displace existing parking, add parking, or involve a change of use of a building also require approval by the fire department.

d.   Denial. If the site plan is denied, the reviewing city department shall notify the applicant in writing of the reasons for denial using hand delivery, or certified mail with a return receipt requested. Upon notification of denial, the applicant may revise the plan to address the reasons for denial and resubmit it for review or appeal the decision in accordance with the provisions of this chapter.

(5)   Public notification. Public notice shall not be required for Level I site plan review requests.

(6)   Formal review. Applications for Level I site plan review are not subject to formal review.

(7)   Variances. Requests for variances from the requirements of this chapter for developments requiring Level I site plan review shall be considered by the board of adjustment in accordance with the procedures set forth in section 7-6-1.

(8)   Appeals. Appeals of decisions of the planning and development director regarding the Level I site plan review process shall be heard by the board of adjustment in accordance with the procedures set forth in section 7-6-2.

(9)   Permit validity. Approval of site plans and permits for developments requiring Level I site plan review shall be valid for one year from the date of approval. Failure to obtain a zoning permit or otherwise begin the permitted use within this time shall render the site plan approval void. Nothing herein shall be construed to extend any time limitations prescribed by statute or by other ordinances in this chapter.

(10)   Violations. Violations of the approved site plan for developments requiring Level I site plan review shall be considered a violation of this chapter and subject to the enforcement and penalty provisions of article XVIII of this chapter.

(a)   Level III development.

(1)   Purpose and application. Due to their size and/or height, along with the level of activity associated, Level III Developments are expected to have a significant impact upon public services and infrastructure and the character of the downtown environment, and need to be managed for the benefit of the neighborhood or city as a whole. Approval for a Level III development for parcels zoned Central Business District and located in the Downtown Design Review Overlay District (CBD/DDR) require rezoning to the Central Business Expansion District and includes individualized development conditions. If a property is currently zoned Central Business District, the only available expansion district for rezoning is Central Business Expansion District. Proposed developments in the Central Business District which fall into one or more of the following categories are Level III developments:

a.   Any new construction of building(s), structure(s) or development(s) having a gross floor area of 100,000 square feet or more.

1.   Any residential building(s), structure(s) or development(s) with a gross floor area of 100,000 square feet or more, or exceeding Level II thresholds cited in Sec. 7-5-9.1(b)(1)(a)(1):

2.   Mixed use building(s), projects structure(s), or development(s) with a gross floor area of 150,000 square feet or more and where over between 30-80 percent of the gross square footage is dedicated to residential dwelling units, or exceeding Level II thresholds cited in Sec. 7-5-9.1(b)(1)(a)(2):

b.   Any new construction, and/or changes of use to a higher impact, of buildings, structures, or developments that are above 100 feet in height. Height in the Central Business District is measured as specified in 7-8-18 of this chapter.

c.   Any hotel, whether alone or in combination with other uses, that:

1.   Fails to meet the criteria found in subsection 7-9-7(f) of this chapter,

2.   Is over 100 feet in height, or

3.   Has a room count over 115 rooms.

d.   Projects which were not previously approved as a Level III project, but which, with an addition or expansion meets all of the following shall be considered Level III projects: (i) result in a net increase of at least 25 percent or more of the thresholds in section 1(a) above; and (ii) will, with the addition or expansion, reach the minimum thresholds in section 1(a) above.

e.   Developments which meet all of the following criteria shall be considered one development and shall be reviewed as a Level III project under this section:

1.   The proposed development and a previously approved development are located within 500 feet of each other; and

2.   The proposed development and a previously approved development represent different phases of a larger plan that include shared infrastructure, including but not limited to: parking facilities, access, utilities, and walls.

3.   The application for the proposed development is received within three years of the issuance of a certificate of occupancy for a previously approved development.

(2)   Rezoning required. All Level III developments must be zoned Central Business Expansion District and include individualized development conditions along with development plans.

(3)   Application procedure. Applications for Level III development follow the conditional zoning process specified in section 7-7-8 of this chapter. In addition, the following procedures apply:

a.   Notification for the developer's neighborhood meeting outlined in subsection 7-7-8(d)(3) shall also be provided to physical addresses within the notification area;

b.   After the review and recommendation by the technical review committee, the development application will be forwarded to the downtown commission. The commission shall schedule a public hearing to receive comments regarding the proposal. Review and action shall be taken in accordance with subsection 7-5-10(b). The downtown commission shall act on the proposed development application within 120 days of receipt. Following a completed review by the downtown commission the plans shall be transmitted to the planning and zoning commission and shall follow the process outlined for conditional zoning approval.

c.   Public hearings held by the downtown commission shall be exempt from published notice requirements specified in subsection 7-5-20(b)(1).

(b)   Level II site plan review process.

(1)   Purpose and application. The Level II approval is required for development projects on parcels zoned Central Business District and located in the Downtown Design Review Overlay District (CBD/DDR). This process is required for one or more of the following categories of development:

a.   Any new construction and/or changes of use to a higher impact for a building(s) structure(s) or development(s) having a gross floor area of 20,000 to 99,999 square feet and which are below 100 feet in height. Height in the Central Business District is measured as specified in section 7-8-18 of this chapter.

1.   Any residential building(s), structure(s) or development(s) with a gross floor area of 20,000 to 99,999 square feet, except:

a.    Residential projects with a gross floor area of 20,000 to 149,999 square feet designating 10% of units as affordable at 80% AMI or 5% of units as affordable at 60% AMI for a minimum of 20 years.

b.    Residential projects with a gross floor area of 20,000 to 199,999 square feet designating 15% of units as affordable at 80% AMI or 8% of units as affordable at 60% AMI for a minimum of 20 years.

2.   Mixed use building(s), projects structure(s), or development(s) with a gross floor area of 20,000 to 149,999 square feet and where over between 30-80 percent of the gross square footage is dedicated to residential dwelling units, except:

a.    Mixed-use projects with a gross floor area of 20,000 to 199,999 square feet designating 10% of units as affordable at 80% AMI or 5% of units as affordable at 60% AMI for a minimum of 20 years.

b.    Mixed-use projects with a gross floor area of 20,000 to 249,999 square feet designating 15% of units as affordable at 80% AMI or 8% of units as affordable at 60% AMI for a minimum of 20 years.

b.   Projects which were not previously approved as a Level II project, but which, with an addition or expansion meets all of the following shall be considered Level II projects: (i) results in a net increase of at least 25 percent or more of the thresholds in section 1(a) above; and (ii) will, with the addition or expansion, reach the minimum thresholds in section 1(a) above.

c.   Developments which meet all of the following criteria shall be considered one development and shall be reviewed as a Level II project under this section:

1.   The proposed development and a previously approved development are located within 500 feet of each other; and

2.   The proposed development and a previously approved development represent different phases of a larger plan that include shared infrastructure, including but not limited to: parking facilities, access, utilities, and walls.

3.   The application for the proposed development is received within three years of the issuance of a certificate of occupancy for a previously approved development.

(2)   Pre-application procedure.

a.   All applicants for Level II site plan review in the CBD/DDR are required to schedule a pre-application conference with city staff as provided in subsection 7-5-9(b)(2)a. of this chapter.

b.   The prospective applicant shall meet with the surrounding community during the pre-application phase. No application for Level II development shall be accepted for review by the city unless the following criteria are met:

1.   A community meeting shall be held with the surrounding residents of the proposed development site at least 14 days but not more than four months prior to any application submission to the city. This meeting shall follow the principals outlined in the “Neighborhood and Community Meeting Guide for Development” (Guide) as maintained by the city.

2.   Notification requirements. The meeting shall be advertised as follows:

(a)   A sign meeting the requirements found in the guide shall be posted on each street frontage of the proposed development site at least 14 days prior to the meeting date; and

(b)   Mailed notice shall be sent to all physical addresses and property owners within 200 feet of the proposed development site. This notice shall follow the published template provided by the city; and

(c)    E-mailed notice shall be sent to any neighborhood association or organization on file with the city’s neighborhood services section at least 14 days prior to the meeting date; and

(d)   The prospective developer or designee shall register the neighborhood meeting with the city on a form provided by the city at least 14 days prior to the meeting date.

3.   Evidence of compliance with this section shall be provided to the city on a form provided by the city prior to submittal of any application for Level II development.

(3)   Plan submittal. Plan submittal for Level II development projects in the CBD/DDR shall be as set forth in subsection 7-5-9 (b)(3) of this chapter. Developments with phased components shall be required to also submit a phased master plan.

(4)   Action by the technical review committee. Conceptual plans for development requiring Level II project review in the CBD/DDR shall be submitted and reviewed by the technical review committee in accordance with subsections 7-5-9 (b)(3)(d), although the technical review committee does not issue final approval. The development plans, recommendations and comments from the technical review committee are forwarded to the downtown commission for consideration and review.

(5)   Action by the downtown commission. Upon receipt of the conceptual development plan and the approval of the technical review committee, the downtown commission shall schedule a public hearing to receive comments regarding the proposed project. Review and action shall be taken in accordance with subsection 7-5-10(b), major works. The downtown commission shall act on the proposed development application within 120 days of receipt. Following a completed review, the plans shall be forwarded to the planning and zoning commission for a decision.

(6)   Action by the planning and zoning commission. Upon receipt of the conceptual development plan and the recommendation from the technical review committee and the downtown commission, the planning and zoning commission shall schedule a public hearing to receive comments regarding the proposed project. The public hearing shall be scheduled for the next available meeting of the commission. The commission shall review the conceptual site plan for compliance with applicable standards.

(7)   Final review by the technical review committee. Following approval of the application and conceptual development plan by the planning and zoning commission, a detailed development plan shall be submitted to the technical review committee for review and approval prior to permit issuance.

(8)   Public notification. Notice for all public hearings required under this section for Level II site plan review in the CBD/DDR (excluding the required developer's neighborhood meeting) shall be provided in accordance with the provisions of section 7-5-20 of this chapter, except that public hearings held by the downtown commission shall be exempt from published notice requirements.

(9)   Variances. Variances requested in conjunction with a Level II site plan under this section shall be considered by the planning and zoning commission, serving as the board of adjustment and acting in accordance with the provisions of section 7-6-1. The downtown commission shall provide feedback to the applicant on the proposed variance.

(10)   Appeals. Appeals of Level II site plans under this section shall be made to the board of adjustment in accordance with the provisions of section 7-6-2.

(11)   Approvals. Approvals shall be valid for 24 months from the date of approval by the planning and zoning commission. Failure to obtain a zoning permit or otherwise begin the permitted use within this time shall render the approval void. The planning and urban design director shall grant a single extension of this time period of up to six months upon submittal by the applicant of sufficient justification for the extension. Nothing herein shall be construed to extend any time limitations prescribed by statute or by other ordinances of this chapter.

(12)   Reserved.

(13)   Violations. Violations of the approved Level II site plan shall be considered a violation of this chapter and be subject to the enforcement and penalty provisions of article XVIII of this chapter.

(c)   Level I site plan review process.

(1)   Purpose and application. This Level I approval is required for development projects on parcels zoned Central Business District and located in the Downtown Design Review Overly District (CBD/DDR). This review process is required for the following categories of proposed developments:

a.   All new construction or additions not meeting the threshold for Level II site plan review.

b.   Changes that modify the exterior walls and/or roof of an existing building.

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

d.   Developments which meet all of the following criteria shall be considered one development and shall be reviewed as a Level I project under this section:

1.   The proposed development and a previously approved development are located within 500 feet of each other; and

2.   The proposed development and a previously approved development represent different phases of a larger plan that include shared infrastructure, including but not limited to: parking facilities, access, utilities, and walls.

3.   The application for the proposed development is received within three years of the issuance of a certificate of occupancy for a previously approved development.

e.   Development projects that require site and/or landscape compliance as referenced in section 7-11-1; section 7-11-3; and section 7-11-10 of this chapter.

(2)   Pre-application procedure.

a.   A predevelopment conference with the planning staff prior to the preparation of development plans is recommended.

b.   It is highly recommended that the developer meet with representatives of the area in which the proposed project is located. This meeting should be held prior to project submittal. The developer is responsible for providing notification to property owners of such a meeting. It is recommended that this notification be done in accordance with subsection 7-5-9.1 (b)(2)(b) above.

(3)   Plan submittal. Plan submittal for Level I plan review in the CBD/DDR shall be as set forth in subsection 7-5-9(c)(3).

(4)   Staff review. Plans for development requiring Level I review in the CBD/DDR shall be reviewed in accordance with subsection 7-5-9(c)(4) of this chapter except that prior to obtaining any permits, the plans must be reviewed by designated staff for compliance with downtown design standards.

(5)   Public notification. Public notice shall not be required for Level I review in the CBD/DDR.

(6)   Downtown commission review. Applications for Level I review are not subject to review by the downtown commission.

(7)   Variances. Variances requested in conjunction with a Level I site plan under this section shall be considered by the planning and zoning commission, serving as the board of adjustment and acting in accordance with the provisions of section 7-6-1. The downtown commission shall provide feedback to the applicant on the proposed variance.

(8)   Appeals. Appeals of Level I site plans shall be made to the board of adjustment in accordance with the provisions of section 7-6-2.

(9)   Approvals. Approvals for Level I site plan review in the CBD/DDR shall be valid for one year from the date of approval. Failure to obtain a zoning permit or perform substantial work within this time shall render the site plan approval void. Nothing herein shall be construed to extend any time limitations prescribed by statute or by other ordinances in this chapter.

(10)   Violations. Violations of the approved development plan for developments requiring Level I site plan review in the CBD/DDR shall be considered a violation of this chapter and subject to the enforcement and penalty provisions of article XVIII of this chapter.

(a)   Purpose. The design review procedure seeks to encourage new construction and the renovation and rehabilitation of existing structures in a manner that will promote visual harmony, enhance the historical integrity, and develop creative design solutions. While the design guidelines will not dictate architectural styles, they will suggest a variety of design options for achieving compatibility within the designated design review boundaries along with encouraging consistency with other city adopted goals and plans.

(b)   Scope of design review - mandatory review, voluntary compliance. Mandatory design review of major and minor works is required for all projects located on properties in one of the following design review areas:

(c)   Minor works.

(1)   Minor works defined. Minor works projects shall include all projects for which a building, sign, zoning and/or demolition permit is required and which do not meet the threshold of a major work. These works commonly include exterior rehabilitation and repair in which structural or character defining features remain intact; the addition of or changes to exterior illumination, painting, landscaping, signage, sidewalk, parking or other site features; and building additions that are 500 square feet or less for contributing historic structures, or 1,500 square feet or less for all other structures.

(2)   Pre-application conference. A pre-application conference is encouraged prior to submitting an application for a minor work within a designated design review area. Applicants should call or visit the designated design review staff prior to making an application to discuss proposed design changes and to determine what information is required for the application.

(3)   Application submittal. Applications for minor works shall be ministerial in nature and reviewed administratively by design review staff. Applicants are encouraged to apply for minor works during the design development phase of the project.

a.   Filing of application. An application for a minor work shall be submitted to the Development Services Department.

b.   Fees. Fees are charged for a minor works design review and permitting process in accordance with the Fees and Charges Manual.

c.   Information required. Each application for minor works review shall include the information described in the applicable design review area checklist(s).

(4)   Staff review. Design review staff shall review a complete minor works application within ten working days of receipt of the application. The ten day review period will not begin until all necessary application materials are received. In the event that an application is determined to be incomplete or missing necessary checklist information, design review staff will contact the applicant to inform them of the missing information.

(5)   Public notification. No public notification is required for a minor works review.

(6)   Formal review. Minor works are administratively reviewed. No formal review before the Design Review Committee is required for a minor work.

(d)   Major works.

(1)   Major works defined. A major works review is required for those projects which involve a substantial change in the appearance of a building, structure, or site, including new construction, demolition or relocation of buildings or structures, and significant renovations or reconstructions. A major works review shall be required for any of the following:

a.   All projects meeting the designated thresholds for Level I, II or III site plan review.

b.   Additions or expansions of structures over 500 square feet for contributing historic structures or 1500 square feet for all other buildings.

c.   Any renovation or rehabilitation of a structure where the street facing facade(s) or roofline is not left structurally intact.

d.   Demolition of structures greater than 5,000 square feet.

(2)   Pre-application conference. A pre-application conference is required prior to making application for a major work within a designated design review area. Applicants should call or visit the designated design review staff prior to making application to discuss the proposed development plan and to determine what level of information is required for submittal.

(3)   Application submittal. Applicants are strongly encouraged to make an application for major works review at the design development phase of the project.

a.   Filing of application. A complete application for a major work shall be submitted to the Development Services Department to begin the review process and scheduling for formal review by the Design Review Committee.

b.   Fees. Fees are charged for a major works design review and permitting process in accordance with the Fees and Charges Manual.

c.   Information required. Each application for a major work review shall include the information on the standard check lists for Level I, II and III projects as applicable, along with building elevations, building sections and context analysis. Applicants may wish to submit a project model including nearby affected properties.

(4)   Staff review. The designated design review staff shall review a complete application within ten working days of receipt of the application. The ten day review period will not begin until all necessary application materials are received. In the event that an application is determined to be incomplete or missing necessary checklist information, design review staff will contact the applicant to inform them of the missing information.

(5)   Public notification. Public notification shall be made in accordance with the requirements outlined in section 7-5-20, except that published notice shall not be required.

(6)   Formal review. Major works shall be reviewed by the Design Review Committee with a recommendation from the design review staff as part of a mandatory review, voluntary compliance program. The Design Review Committee will meet according to the published schedule to review and vote on major works proposed within the designated design review areas. Applicants are encouraged to prepare a presentation to be given at this review. No city permits can be processed or variances heard until this formal review with the board is completed.

(e)   Variances. No variance from other city regulations shall be heard by the Board of Adjustment until the proposed project has completed the applicable minor or major works review.

(f)   Appeals. The design review process has been designated by the Asheville City Council as a mandatory review and voluntary compliance program. Applicants are strongly encouraged to implement their plans for activities within the designated design review areas in accordance with the adopted guidelines and/or recommendations of the Design Review Committee.

(a)   Minor works.

(1)   Purpose. A minor works certificate of appropriateness is required for those projects in which the visual character of the structure or grounds is not substantially changed. Structures and grounds located within local historic districts or associated with landmarks require certificates of appropriateness, which certify that the proposed improvements are not incongruous with the special historic character of the local historic district or landmark. This section describes the procedure for applying for and receiving a certificate of appropriateness for a minor work.

(2)   Pre-application procedure. No pre-application conference is required prior to applying for a certificate of appropriateness for a minor work. Applicants are encouraged to call or visit the planning and development department prior to requesting a certificate of appropriateness to determine what information is required for the application and to obtain the appropriate guidelines historic district or landmark design standards.

(3)   Application submittal.

a.   Filing of application. An application, along with the adopted design standards, for minor works review will be made available or supplied by designated city staff. A completed application and required information shall be filed with the development services department to begin the review process.

b.   Fees. For all minor work certificates of appropriateness, fees as established by the City of Asheville Fees and Charges Manual shall be due and payable when the application is submitted.

c.   Information required. Each application for a minor works certificate of appropriateness shall include the information for the application type as listed on the application checklist.

(4)   Staff review. The director of historic resources or his or her designee shall review the application for compliance with the principles and standards principles and guidelines applicable to the historic district and/or local historic landmark within ten working days. The review may include a meeting with the applicant at the site of the proposed work. If the proposed minor work is consistent with the applicable design review standards guidelines, the director or his or her designee shall issue a certificate of appropriateness for the work.

(5)   Public notification. No public notification is required for a minor works certificate of appropriateness application.

(6)   Formal review. No formal review of a request for a minor works certificate of appropriateness is required unless an appeal of the decision of the director is taken to the Historic Resources Commission ("HRC").

(7)   Variances. No variances from the principles and standards principles and guidelines applicable to a review for a minor works certificate of appropriateness shall be granted.

(8)   Appeals. An appeal of the decision of the director of historic resources regarding approval or disapproval of an application for a minor works certificate of appropriateness shall be heard by the HRC. The appeal must be made in writing within 30 days of receipt by the applicant of the written decision of the director of the HRC.

(9)   Certificate of appropriateness validity. A minor works certificate of appropriateness shall be valid for one year following approval. If work on the project has not begun prior to expiration of the certificate of appropriateness, the applicant shall be required to resubmit the project to development services for review by the director of historic resources or his or her designee.

(10)   Violations. Violations of the provisions of this section 7-5-11 shall include, but not be limited to, failure to obtain a minor works certificate of appropriateness in accordance with the requirements set forth above and/or failure to comply with the terms of a minor works certificate of appropriateness once it has been issued. Discontinuance of work in accordance with the minor works certificate of appropriateness or lack of progress toward completion of the work for a period of 90 days shall constitute a violation of this section 7-5-11. Violations shall be subject to the enforcement and penalty provisions set forth in article XVIII of this chapter.

(b)   Major works.

(1)   Purpose. A major works certificate of appropriateness is required for those projects which involve new construction; a change in the appearance of a building, structure, or landscape; demolition of a building or structure; relocation of a building or structure; or any other work which is more substantial in nature than work for which a minor works certificate of appropriateness is required. Buildings, structures and grounds located within local historic districts or associated with landmarks require certificates of appropriateness, which certify that the proposed changes are not incongruous with the special historic character of the local historic district or the landmark. The procedures for applying for and receiving a certificate of appropriateness for a major work are set forth in this section.

(2)   Pre-application procedure. A pre-application conference is required prior to applying for a certificate of appropriateness for a major work. Applicants should call or visit department staff to discuss proposed design changes and to schedule a pre-application conference to review the major work application.

(3)   Application submittal.

a.   Filing of application. An application, along with the adopted historic district or landmark design standards, for major works review will be made available or supplied by designated city staff. A completed application and required information shall be filed with the development services department at least 14 days prior to the HRC meeting at which the request is to be heard.

b.   Fees. For all major work certificates of appropriateness, fees as established by the City of Asheville Fees and Charges Manual shall be due and payable when the application is submitted.

c.   Information required. Each application for a major works certificate of appropriateness shall include the information for the application type as listed on the application checklist. The HRC may refuse to consider or table an application if it determines that insufficient information has been provided by the applicant.

(4)   Staff review. Upon receipt of an application for a major work certificate of appropriateness, the director of the department or his or her designee shall review the application to ensure that it is complete. Following the review, the application shall be scheduled for review by the HRC.

(5)   Hearing notification. Notice of the quasi-judicial hearing required under this section for major works certificates of appropriateness approval shall be provided in accordance with the provisions of N.C.G.S. § 160D-406.

(6)   Formal review/quasi-judicial hearing. All applications for major work certificates of appropriateness shall be considered by the HRC. The request shall be scheduled for review at the next available regular meeting of the HRC. The HRC shall use the applicable principles and standards and principles in its review of all applications for certificates of appropriateness. The hearing shall be conducted pursuant to the rules of procedure established by the commission and according to the requirements of the N.C.G.S. § 160D-406 for quasi-judicial procedures. The HRC then shall take action to approve, approve with modifications, or disapprove the application. The HRC shall cause to be entered into the minutes of its meeting the reasons for its action. The HRC may, at its discretion, view the premises and obtain additional facts concerning any application, and may seek the advice of the North Carolina Department of Cultural Resources or other expert advice as it may deem necessary. All applications for a certificate of appropriateness shall be reviewed and acted upon within a reasonable time not to exceed 180 days from the date the application for a certificate of appropriateness is filed, as defined by the HRC's rules of procedure. The HRC shall base its decision regarding issuance or denial of a certificate of appropriateness upon competent, material and substantial evidence presented at the hearing. The decision shall be in writing, reflect the commission's determination of contested facts and their application the applicable standards, and be approved by the commission and signed by the chair or other duly authorized member of the commission.The decision of the commission shall be delivered within a reasonable time by personal delivery, electronic mail, or by first-class mail to the applicant, landowner, and to any person who has submitted a written request for a copy prior to the date the decision becomes effective. If the application is approved, the secretary of the HRC shall transmit, in writing a certificate of appropriateness, clearly describing the nature of the work which has been approved. The secretary shall attach a copy of the minutes of the meeting at which the approval was granted and a placard form of a certificate of appropriateness, which shall be displayed on the project site.

(7)   Variances. No variances from the principles and standards applicable to a review for a certificate of appropriateness shall be granted.

(8)   Appeals. An appeal of the decision of the HRC regarding approval of an application for a major works certificate of appropriateness shall be made to the superior court in the nature of certiorari by the later of 30 days after the decision is effective or after a written copy thereof is given in accordance with N.C.G.S. §§ 160D-1402 and 160D-1405.

(9)   Certificate of appropriateness validity. A major work certificate of appropriateness shall be valid for one year following approval. If work on the project has not begun prior to expiration of the certificate of appropriateness, the applicant shall be required to resubmit the project to development services for review by the director of historic resources or his or her designee.

(10)   Violations. Violations of the provisions of this section 7-5-11 shall include, but not be limited to, failure to obtain a major works certificate of appropriateness in accordance with the procedures set forth above and/or failure to comply with the terms of a major works certificate of appropriateness once it has been issued. Discontinuance of work in accordance with the major works certificate of appropriateness or lack of progress toward completion of the work for a period of 90 days shall constitute a violation of this section 7-5-11. Violations shall be subject to the enforcement and penalty provisions set forth in article XVIII of this chapter.

(a)   Purpose. No approval shall be granted for construction in an area designated as a special flood hazard area as shown on the flood insurance rate maps (FIRMS) for the City of Asheville, as provided by the Federal Emergency Management Agency, and also adjoining lands, which, because of their characteristics, the city determines as being susceptible to flooding or determines as being susceptible to flooding or damage by flooding until the requirements of subsection 7-12-1 of this chapter are met. Procedures for assuring compliance with these requirements are set forth below.

(b)   Pre-application procedure. Developers are encouraged to meet with the floodplain administrator prior to submitting an application for development in the special flood hazard area. This will provide developers with the opportunity to obtain information regarding details of the application process.

(c)   Plan submittal.

(1)   Application required. Applications for permits shall be made to the floodplain administrator prior to performing grading or construction on lands in the special flood hazard area. Applications shall be made on forms furnished by floodplain administrator (repealed in 2007).

(2)   Preparation by professional. Plats, designs, calculations, working drawings, and specifications for work shall be prepared by an authorized registered professional properly registered and licensed in North Carolina for the work in which they are engaged.

(3)   Fees. Fees, as established by City of Asheville Fees and Charges Manual, shall be due and payable when the application is submitted.

(4)   Submittal of plans. Seven copies, unless otherwise required, of the application and supporting data shall be submitted to the floodplain administrator. Applications shall include a detailed site plan showing conditions both before and after the proposed work. Information which must appear on the site plan is set forth in subsection 7-12-1(d)(1).

(d)   Staff review.

(1)   Engineering staff review. Following submittal of the application and accompanying data, the information shall be reviewed by engineering staff for compliance with the requirements of this chapter. Provided that the application is complete, applications shall be reviewed and acted upon by the city engineering staff and notice given the applicant within 30 days of receipt of the application. Provided that the application is complete, failure of the city engineering staff to act within this time shall result in the refund of application fees. The refund of the application fee due to the expiration of the 30 days shall not cause the review of the application to cease. Staff shall continue with the review of the application.

(2)   Submittal of applications to board of adjustment. Applications for projects requiring variances as set forth in subsection 7-12-1(f) shall initially be heard by the specifications review committee, as established under this chapter for review and recommendation. The matter shall then be submitted to the board of adjustment and scheduled for review by the board at their next available meeting.

(e)   Public notification. Notice of public hearings or public meetings required under this section for review of a request for a variance from the requirements of section 7-12-1 of this chapter shall be provided in accordance with the provisions of section 7-5-20 of this chapter.

(f)   Formal review—projects requiring variances only.

(1)   Review by board of adjustment. The board of adjustment shall consider requests for variances as provided for by subsection 7-12-1(f).

(2)   Timing. Provided the application is complete, the board of adjustment shall arrive at a decision on a request for a variance within 30 days after its hearing on the request. In granting variances the board of adjustment may attach appropriate conditions and safeguards which promote the objectives of this chapter.

(g)   Variances. Variances from the requirements of section 7-12-1 (Flood Protection) shall be heard by the board of adjustment as set forth in subsection 7-12-1(f).

(h)   Appeals. Appeals from decisions of the floodplain administrator shall be heard by the board of adjustment as set forth in subsection 7-12-1(j)(1). An appeal shall be filed, in writing, within 30 days of the date action is taken by the floodplain administrator. Decisions of the board of adjustment may be appealed to the Superior Court of Buncombe County as provided by subsection 7-6-1(i).

(i)   Permit validity. Permits for construction activity in designated special flood hazard areas shall be valid for one year. Failure to initiate construction, or otherwise begin the permitted use, within this time shall render the permit void.

(j)   Violations. Violations of the requirements for construction activity in designated special flood hazard areas shall be considered a violation of this chapter and shall be subject to the enforcement and penalty provisions set forth in section 7-12-1.

(a)   Purpose. To assure that land-disturbing activity undertaken in the city does not result in accelerated erosion and sedimentation, no such land-disturbing activity shall take place until plans for controlling erosion associated with the activity have been reviewed and approved in accordance with the procedures set forth below.

(b)   Pre-application conference. Prior to applying for a grading permit and submitting erosion control plans, the applicant is encouraged to meet with the erosion and sedimentation control staff of the city to discuss the proposed project. At this meeting, questions regarding information required in the application, schedules for review and construction, and special requirements can be addressed.

(c)   Plan submittal.

(1)   Filing of application. An application for a grading permit shall be filed with the development and permitting center at least 30 days prior to beginning the proposed land-disturbing activity. Application for a permit shall be made on a form provided by the development and permitting center.

(2)   Fees. A permit fee as established by the City of Asheville Fees and Charges Manual shall be due and payable when the application is submitted.

(3)   Plan required. All applications for a grading permit shall be accompanied by either a formal erosion control plan or a sketch erosion control plan. A formal plan shall be required when an area of more than 10,000 square feet is to be uncovered. When less than 10,000 square feet are to be uncovered, a sketch plan shall be required. The plans shall be prepared in accordance with the requirements set forth in subsection 7-12-2(c).

(d)   Staff review.

(1)   Receipt of plans. Upon receipt of the grading permit application and erosion control plan, the erosion and sedimentation control staff shall conduct an initial review of the application and plan to insure that it meets the requirements of section 7-12-2 of this chapter.

(2)   Distribution of plans. Upon completion of the initial review, one copy of formal erosion control plans shall be forwarded to the Buncombe County Soil and Water Conservation District for review as required.

(3)   Review period. Provided the application is complete, the erosion and sedimentation control staff shall have ten working days following receipt of a sketch erosion plan to review it and notify the applicant of its status. Provided the application is complete, failure to approve, deny or request additional information on the plans within this time shall result in the refund of application fees. The refund of the application fee due to the expiration of the ten working days shall not cause the review of the application to cease. Staff shall continue with the review of the application.

(e)   Public notification. No public notification is required for grading permit requests and erosion control plan review.

(f)   Formal review. Formal review of grading permit requests and erosion control plans before a board or commission is not required.

(g)   Variances. No variances shall be granted from the requirements that a grading permit be obtained and an erosion control plan be approved prior to initiating any land-disturbing activity subject to the soil erosion and sedimentation control regulations set forth in section 7-12-2 of this chapter.

(h)   Appeals. Appeals from decisions of the erosion and sedimentation control staff regarding approval of erosion control plans shall be heard by the city's erosion control plan review committee pursuant to that procedure set forth in subsection 7-12-2(s) of this chapter. The applicant must submit a written demand for a hearing within 15 days following receipt of the written notice of the erosion and sedimentation control staff's decision.

(i)   Permit validity. When work under a grading permit is not completed within 12 months following the date of issuance of the grading permit, the grading permit shall be deemed expired. Renewal of the grading permit will require the same application procedure as the initial permit. No further grading work is to be performed until the new permit is issued. This provision, however, shall not apply to construction projects which are to be completed in phases provided that the initial application for the erosion control plan for the construction- site indicates a proposed schedule and an erosion control plan for all the phases. In the event that the project is done in separate phases, an erosion control plan for each separate phase shall be submitted and approved by the city with the 12-month period applying to each separate phase.

(j)   Violations. Violations of the soil erosion and sedimentation control regulations of this chapter shall be subject to the enforcement and penalty provisions set forth in article XVIII of this chapter.

(a)   Purpose. To insure that development undertaken in the city does not result in increased stormwater runoff which adversely impacts adjacent property, no development to which this chapter applies, pursuant to the standards set forth in section 7-12-5, shall be commenced without the issuance of a stormwater discharge permit by the city engineer.

(b)   Pre-application procedure. Although a pre-application conference is not required, applicants are encouraged to contact the city's engineering department prior to submitting their application to discuss the project.

(c)   Plan submittal.

(1)   Application required. An application for a stormwater discharge permit shall be made by, or on behalf of, the owner(s) or developer(s) of the site for which a permit is sought. The application shall be filed with the development and permitting center on a form supplied by the development and permitting center, and signed by the owner of the property or by an agent specifically authorized by the owner to file such application. Where an agent files the application, the agent shall provide documentation that the owner of the property has authorized the filing of the application. The application for a zoning permit shall be filed with the development and permitting center on a form provided by the center.

(2)   Submittal of plan. Three copies of a complete and detailed stormwater management plan, including detailed design plans and construction specifications, for stormwater management facilities; the exact location of any stormwater management facility; and the proposed location of any access easement(s) shall be submitted to the development and permitting center.

(3)   Fees. The appropriate stormwater discharge permit application fee, as set forth in the City of Asheville's Fees and Charges Manual, shall be due and payable when the application is submitted.

(d)   Staff review.

(1)   Engineering department review. Upon receipt of the stormwater discharge permit application and stormwater management plan, the engineering department staff shall conduct a review of the application and plan to insure that they meet the requirements of this chapter.

(2)   Review period. The engineering department staff shall have 30 days after receipt of a stormwater discharge permit application and stormwater management plan to review the application and plan and notify the applicant of the status of the review. Failure to approve, approve with modifications, approve with performance reservations, deny, or request additional information on the application and plan within this time shall result in the refund of application fees. The refund of the application fee due to the expiration of the ten working days shall not cause the review of the application to cease. Staff shall continue with the review of the application.

(3)   Issuance of stormwater permit. Stormwater discharge permits shall be issued in the name of the applicant(s) and no permit shall be transferred or assigned without the written consent of the city.

(e)   Public notification. No public notification is required for stormwater discharge permit requests and stormwater management plan review.

(f)   Formal review. Formal review of stormwater discharge permit requests and stormwater management plans before a board or commission is not required.

(g)   Variances. No variances shall be granted from the requirements that a stormwater discharge permit be obtained and a stormwater management plan be approved prior to initiating any development activity subject to the stormwater management regulations set forth in subsection 7-12-5 of this chapter.

(h)   Appeals. Appeals from the decisions of the engineering department regarding stormwater discharge permits including, but not limited to, denial, suspension, assessment of civil penalties, revocation and interpretation, shall be made to the Asheville City Council. The city council shall conduct a hearing to review the information regarding an appeal in order to make a determination as to whether the requirements set forth in this chapter and the city's stormwater standard specifications manual have been met. The applicant must submit a written demand for a hearing to the city clerk within 30 days following receipt by the applicant of the denial, suspension, revocation, interpretation or other decision of the engineering department from which the appeal is taken. The city council shall schedule the hearing for appeal as soon as the council deems reasonably practicable. At the hearing, the applicant may be represented by an attorney. The city council may affirm, modify or reverse any decision of the engineering department. appeals from the decisions of the city council shall be to the Superior Court of Buncombe County, shall be in nature of certiorari, and shall be filed with the court within 30 days of the applicant's receipt of the decision of the city council.

(i)   Permit validity. When a stormwater discharge permit is issued in association with a project requiring a building permit, the stormwater discharge permit shall expire upon the expiration or revocation of the building permit. When a stormwater discharge permit is issued for a project which does not require a building permit, the stormwater discharge permit shall expire if work is not initiated within 12 months of the date of issuance of the permit or if work stops for a 12-month period.

(j)   Violations. Violations of the stormwater management regulations shall be subject to the enforcement and penalty provisions set forth in article XVIII of this chapter.

(a)   Purpose. The zoning vested right is a right which is established pursuant to N.C. Gen. Stat. sec. 160A-385.1 to undertake and complete the development and use of property under the terms and conditions of an approved site specific development plan. 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 7-5-15 is outstanding. Obtaining site plan approval or preliminary plat subdivision approval through the vested rights procedure gives the applicant the right to start construction of the development as approved within two years of approval.

(b)   Pre-application procedure. The applicant shall meet with the planning and development director to inquire about specific zoning requirements and obtain the proper application forms. The applicant and the planning and development director shall discuss the site plan or subdivision review process and applicable meetings and deadlines. In addition, the planning and development director shall advise the applicant of the specific requirements the project needs to address and discuss other aspects of the vested rights procedure.

(c)   Plan submittal.

(1)   Filing of application. In order to apply for site plan review under the vested rights procedure, the applicant must indicate his/her intent to obtain vested rights in the form of a letter to the Planning and Development Director. The letter shall include the property address, Buncombe County Tax Office parcel identification number, name of the property owner, and any other pertinent information.

(2)   Site plan required. Site plans, prepared in accordance with the standards set forth in Appendix A (Map and Plan Standards), shall be submitted when applying for vested rights. The number of site plans to be submitted depends upon the particular review process and is specified in the procedure section for the particular review process.

(3)   Fees. An application fee as established by City of Asheville Fees and Charges Manual shall be submitted with the application.

(d)   Staff review. The planning and development director shall review the application and accompanying site plan for compliance with the requirements of this chapter and other applicable regulations. After the review and approval through the appropriate review process, the request for vested rights will be scheduled for a public hearing before the Asheville City Council. The public hearing will be scheduled as provided by city council's rules of procedure.

(e)   Public notification. Notice of public hearings or public meetings required under this section for zoning vested rights approval shall be provided in accordance with the provisions of section 7-5-20 of this chapter.

(f)   Formal review. Requests for vested rights for site plans and subdivisions shall be scheduled for review at the next regular meeting of the Asheville City Council. At this time, the city council shall hold a public hearing to review the site plan and evaluate its conformance with the requirements of this chapter and other applicable requirements of the City of Asheville. The city council shall then take one of the following actions:

(1)   Approve the vested rights request. The planning and development director is then directed to issue a vested rights zoning permit.

(2)   Approve the vested rights request subject to conditions which are necessary to protect the public health, safety, and welfare. The planning and development director is then directed to issue the vested rights zoning permit subject to the changes in the site plan to be made by the developer.

(3)   Table the vested rights request pending the submittal of additional information.

(g)   Variances. Variances from the procedures and requirements for obtaining vested rights as set forth in section 7-11-4 of this chapter shall not be permitted. Requests for variances from the development standards established by this chapter shall be heard by the board of adjustment under the procedures established by section 7-6-1 of this chapter.

(h)   Appeals. Aggrieved parties may seek appropriate relief as allowed by law.

(i)   Permit validity. A zoning right that has been vested as provided in section 7-11-4 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 approving authority at the time the amendment or modification is approved. A zoning permit, conditional use permit, or subdivision approval shall not expire or be revoked because of the running of time while a zoning vested right under this section is outstanding. A vested right shall terminate under the termination conditions as specified in subsection 7-11-4(f) of this chapter.

(j)   Violations. Violations of the conditions of the vested rights approval shall be considered a violation of this chapter and shall be subject to the enforcement and penalty provisions set forth in article XVIII of this chapter.

(a)   Purpose. In order to regulate the provision of sign standards and sign restrictions within the planning and regulation jurisdiction of the City of Asheville, it shall be unlawful to erect or maintain any sign or sign structure without first obtaining a sign permit.

(b)   Pre-application procedure. There is no pre-application procedure for sign permits.

(c)   Application submittal.

(1)   Filing of application.

a.   An application for a sign permit may be filed by the owner of the property or sign or by an agent specifically authorized by the owner to file such application. The application for a sign permit shall be filed with the City of Asheville Planning and Development Department, Code Enforcement Division, on a form provided by the Division.

b.   Sign contractor's license. No person shall engage in the business of erecting or maintaining signs in the City of Asheville unless said person has been issued a sign contractor's license which has not expired at the time said work is done. This requirement shall be interpreted to exclude those persons who construct and erect a principal use identification sign when that sign is used at that person's place of business, provided all construction and installation is properly permitted and inspected for compliance with the applicable building codes of the City of Asheville and other sections of this article.

c.   Outdoor advertising license. No person shall erect or maintain off-premises advertising structures in the City of Asheville unless said person has been issued an outdoor advertising license which has not expired at the time said work is done. In order to obtain an outdoor advertising license, the licensee must be a licensed sign contractor, as described in subsection a. above, and must submit annually upon renewal of this license a listing of all sign structures leased, owned, or maintained by this licensee. Such list shall give the specific location of each sign by reference to ward, sheet, and tax lot number as indicated on the Buncombe County tax maps and by reference to the name of the property owner.

(2)   Fees. A permit fee as established by the City of Asheville Fees and Charges Manual is requested and shall be submitted with the application. Work performed without a permit shall be subject to a late fee. When any permit has been revoked under the terms of this chapter, the permit fees shall not be refunded. If a sign permit is denied, however, the permit fee will be refunded.

(3)   Information required. Each application for a sign permit shall be accompanied by complete information as required by Appendix B (Checklists for Applications) and shall include, without being limited to, a site plan and elevation drawings of the proposed sign, a drawing of the building façade indicating the proposed location of the sign, height, dimensions and square footage of the proposed sign and any other data as the sign administrator may determine to be necessary for review of the application.

(d)   Staff review. Provided the application is complete, the sign administrator shall review the application and determine whether it is complete within ten working days of its submittal. Provided the application is complete, failure by the sign administrator to act within this time shall result in the refund of application fees. The refund of the application fee due to the expiration of the ten working days shall not cause the review of the application to cease. Staff shall continue with the review of the application. If the application is incomplete, the sign administrator shall notify the applicant of any deficiencies. No further steps shall be taken to process the application until the applicant corrects the deficiencies. The sign administrator shall issue a permit only upon finding that the proposed sign or sign structure satisfies the requirements of section 7-13.

(e)   Public notification. No public notification is required for sign permit requests.

(f)   Formal review. No formal review of sign permit requests is required.

(g)   Variances. Requests for variances from the requirements for signs set forth in this chapter shall be heard by the board of adjustment under the procedures established by section 7-6-1.

(h)   Appeals. Appeals of the decisions of the sign administrator shall be heard by the board of adjustment under the procedures established by section 7-6-2.

(i)   Permit validity. Upon issuance of a sign permit, the applicant will have one year to commence work on the approved signage, after which the permit shall automatically become null and void. The sign administrator may grant a single 30-day extension of time within which operations must be started or resumed. All requests for such extensions and approval thereof shall be in writing.

(j)   Violations. Violations of the conditions of a sign permit shall be considered a violation of this chapter and shall be subject to the enforcement and penalty provisions set forth in article XVIII of this chapter.

(a)   Purpose. A driveway access permit shall be required prior to the construction of a driveway or other connection within the right-of-way of a state roadway system or highway or City of Asheville roadway system. The procedure set forth below shall be followed to obtain a permit for the construction of a driveway or other connection within the public right-of-way.

(b)   Pre-application procedure. No pre-application conference is required prior to applying for a driveway access permit. Applicants are encouraged to call or visit the city's traffic engineering division prior to requesting a driveway access permit to determine what information is required for the application and to determine if any special conditions exist which may affect the construction or modification of a driveway at the site.

(c)   Plan submittal.

(1)   Filing of application. An application for a driveway access permit may be filed by the owner of the property or by an agent authorized by the owner to file such application. The application for a driveway access permit shall be filed with the development and permitting center on a form provided by the center.

(2)   Fees. An application fee, as established by the City of Asheville Fees and Charges Manual, shall be due and payable when the application is submitted.

(3)   Information required. Each application for a driveway access permit shall contain the information described in Appendix B (Checklists for Applications), including a site plan, prepared in accordance with the standards established by Appendix A (Map and Plan Standards), showing the location of the proposed driveway access point and construction specifications. Other information necessary to show that the proposed driveway complies with the standards set forth in this chapter and in the Asheville Standard Specifications and Details Manual shall also be provided.

(d)   Staff review. The city's traffic engineer shall review the application for compliance with the standards established by the City of Asheville for driveway access. The application for a driveway entrance permit shall be reviewed and comments provided by the city traffic engineer within ten working days of its submittal. Failure of the city traffic engineer to take action within this time period shall result in the refund of application fees. The refund of the application fee due to the expiration of the ten working days shall not cause the review of the application to cease. Staff shall continue with the review of the application.

(e)   Public notification. No public notification is required for driveway access permit applications.

(f)   Formal review. No formal review of driveway access permit applications is required.

(g)   Variances. Requests for variances from the requirements for driveway entrances set forth in this chapter shall be heard by the board of adjustment under the procedures established by section 7-6-1 of this chapter.

(h)   Appeals. Appeals of the decisions of the city traffic engineer shall be heard by the board of adjustment under the procedures established by section 7-6-2 of this chapter.

(i)   Permit validity. The driveway access permit shall be valid for one year only. The public works director may grant a single extension of this time period up to six months upon submittal by the applicant of sufficient justification for the extension. Any change in the approved plan shall render the driveway access permit invalid.

(a)   Purpose. Issuance of a certificate of occupancy shall be required prior to the occupancy or use of any new construction and re-occupancy or re-use of any renovation/rehabilitation in the City of Asheville. Certificates of occupancy insure that a completed development project has complied with all of the applicable requirements of this chapter, with the applicable standards of the North Carolina State Building Code, and all other applicable federal, state, and local regulations.

(1)   Remaining or outstanding work other than that required by the North Carolina State Building Code has been bonded (or an irrevocable letter of credit provided) in the amount of one-and-one-half times the estimated cost of completing the work;

(2)   Limitations on occupancy by building area, use, and occupancy type (for example, occupancy by employees but not the public) imposed by the fire department or building safety department are agreed to by the applicant; and

(3)   Outstanding work involving life safety features or components is approved for such temporary certificate of occupancy by the fire chief.

(b)   Pre-application procedure. Although a pre-application conference is not required, applicants are encouraged to contact the building safety department prior to requesting a certificate of occupancy to discuss the procedure.

(c)   Plan submittal—filing of application. A request for a certificate of occupancy may be made by the owner of the property or by an agent authorized by the owner to make the request. The request for a certificate of compliance shall be made at the development and permitting center.

(d)   Staff review. Upon receipt of the request for a certificate of occupancy, the planning and development director, the director of public works, the fire chief, the city engineer, and the director of building safety and/or their designee(s) shall inspect the project building(s) and site for compliance with the approved site plan or subdivision plat and the applicable standards of this chapter, with the applicable standards of the North Carolina State Building Code, and all other applicable federal, state, and local regulations. The building(s) and site shall be inspected within ten working days of the receipt of the request for a certificate of occupancy. The applicant shall be notified of any deficiencies in the building(s) or site which prevent the issuance of the certificate of occupancy. No further action shall be taken to issue the certificate of occupancy until all deficiencies are corrected and a reinspection is performed.

(e)   Public notification. No public notification is required for requests for certificate of occupancy.

(f)   Formal review. No formal review of requests for certificate of occupancy is required.

(g)   Variances. There are no provisions for a variance from the requirement that a certificate of occupancy be issued for all new construction and renovation/rehabilitation to insure compliance with the requirements of the City of Asheville and with the North Carolina State Building Code.

(a)   General notice requirements. Each notice for public, legislative or quasi-judicial, hearings required by this chapter shall identify: (1) the date, time and place of the hearing and (2) the nature and character of the proposed action. Where the action being taken concerns a particular property or properties, the notice shall also identify the location of the subject property. At any time the procedures set out in this chapter conflict with North Carolina General Statutes, the North Carolina General Statute procedures will control.

(b)   Notice procedure. The following standards detail the notification procedure to be followed for public hearings required by this chapter unless otherwise set forth in this chapter. Failure to follow procedures set forth in this section may affect the validity of any action taken at a public hearing or public meeting.

(4)   Posted notice. A sign (or signs) providing information concerning a legislative or quasi-judicial hearing required by this chapter will be posted on property which is the subject of said hearing no later than ten days before the date on which the hearing is to occur. The sign(s) shall be prominently placed on the subject parcel or on an adjacent public street or highway right-of-way. When multiple parcels are involved, a posting on each individual parcel is not required, but the city shall post sufficient notices to provide reasonable notice to interested persons.

(c)   Special notice requirements for telecommunications towers/structures. For any public hearing for special use applications for telecommunication towers and concealed telecommunication support structures, as required by section 7-16-2 hereinafter, additional notice and public hearing requirements shall be provided as set forth in section 7-16-2 of this chapter.