(a)   Criteria for zoning districts. For the purposes set forth in article I, the City of Asheville and its extraterritorial jurisdiction are divided into zoning districts taking into account the design, size, and/or location of one or more of the following:

(1)   Transportation facilities, including streets, sidewalks, and bridges;

(2)   Schools, parks, greenways, and other public facilities and requirements;

(3)   Police protection;

(4)   Fire protection;

(5)   Sanitary sewer and stormwater drainage structures;

(6)   Water supplies for purposes of fire protection and consumption;

(7)   Access and location to other utility services;

(8)   Potential hazards from fire, flooding, and diseases;

(9)   Access to light and air from buildings;

(10)   Access for fire and police protection and refuse collection;

(11)   Protection for occupants of dwellings from noise, dust, and gases caused by traffic and other uses;

(12)   Topography and other natural features; and/or

(13)   Current uses of land and buildings for residences, businesses, industries, places of worship, schools, and for other uses and heights of buildings, the size and location of yards, and the density of population in each of the zoning districts hereinafter mentioned.

(b)   Enumeration and descriptions of zoning districts. There are three types of zoning districts:

(1)   General use districts are those in which a variety of uses are permitted. The general use districts established in this article are classified from "highest" to "lowest" in the following order:

(2)   Overlay districts are zoning districts which overlap one or more general use districts. Overlay districts (article IX) involve additional regulations on some or all property within underlying general use districts. The following overlay districts are established:

a.   Reserved.

b.   Historic preservation overlay district(s). Asheville's historic areas are important assets to the city. The protecting and conserving of the historic areas is encouraged through the establishment of historic preservation overlay districts. Designation of an area as a historic district and the development of design standards for the area help preserve the architectural integrity of the area and stabilize and enhance property values. Historic districts, protected by designation as preservation overlays, serve as valuable educational tools and as tourist attractions.

c.   Downtown design review overlay district. Urban design review assists in protecting the downtown local architectural heritage and in the preservation of the considerable economic investments that have occurred over the years. The downtown design review process seeks to encourage renovation and new development 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 boundaries.

d.   Manufactured housing and manufactured housing community overlay districts. The manufactured housing and manufactured housing community overlay districts are established to provide a procedure for identifying areas in which manufactured housing may be located and to establish standards for individual manufactured homes and for the development of communities. These overlay districts are intended to expand the range of housing opportunities available to residents of Asheville while assuring that manufactured housing is compatible with existing development.

e.   Blue Ridge Parkway Overlay District. Realizing the importance of the Blue Ridge Parkway to the economy of Asheville and western North Carolina, the Blue Ridge Parkway Overlay District is created to protect and preserve the unique features of this asset to the city. The standards established in this district will protect the scenic quality of the parkway and reduce encroachment on its rural setting.

f.   Transition overlay district. Several areas in the City of Asheville are experiencing development pressures which are pushing the areas toward change. The location of most of these area on the edge of residential neighborhoods means that changes in these areas could have a significant impact on the adjacent neighborhoods. Transition overlay districts are established to allow these areas to change while assuring that the change is compatible with adjacent areas. Standards are developed individually for each area and designed to meet each area's unique needs. Involvement of area property owners and residents in the preparation of development standards is encouraged.

(3)   Conditional districts are zoning districts which provide for flexibility in the development of property while ensuring that the development is compatible with neighboring uses. Conditional zoning districts are available for any of the general use zoning classifications enumerated in this ordinance; moreover, there are certain conditional districts that are not associated with an existing general use district and may only be considered with Level III developments. These districts include:

(c)   Designation of districts on official zoning maps. Each district shall be shown on the official zoning maps of the City of Asheville, North Carolina, a copy of which is located in the city planning and development department. Said set of maps, and all district designations, boundaries, figures, letters, and symbols shown on such maps are hereby declared to be a part of this chapter.

(d)   Table of Permitted Uses. The table is a summary listing of uses that are fully defined in section 7-2-5.

To see Table of Permitted Uses, click here (PDF)

To see Table of Permitted Uses, click here (Excel)

(1)   Any use not listed is not allowed unless the planning and development director determines that the use is similar to a listed use. When determining whether a proposed use is similar to a listed use, the planning and development director will consider the following:

a.   The actual or projected characteristics of the proposed use.

b.   The relative amount of site area or floor area and equipment devoted to the proposed use.

c.   Relative amounts of sales.

d.   The customer type.

e.   The relative number of employees.

f.   Hours of operation.

g.   Building and site arrangement.

h.   Types of vehicles used and their parking requirements.

i.   The number of vehicle trips generated.

j.   How the proposed use is advertised.

k.   The likely impact on surrounding properties.

l.   Whether the activity is likely to be found independent of the other activities on the site.

(2)   Where a use is determined not to be similar to any listed use, a text amendment is required prior to establishment of that use.

(a)   Purpose. It is the intent of the RS-2 Residential Single-Family Low Density District to establish a low density for single-family dwellings and other compatible uses in recognition of environmental constraints such as, but not limited to, steep slopes, impervious soils, high water tables, and flooding. It is also the intent of this district to preserve the general welfare by protecting important resources such as, but not limited to, watersheds and view sheds. In addition to recognizing environmental constraints and preserving important resources, this district is also intended to stabilize and protect the district's residential character while promoting a suitable environment for single-family living.

(b)   Allowable land uses. All permitted uses, special uses, conditional uses and uses expressly prohibited are identified in subsection 7-8-1(d), Table of Permitted Uses. Standards for special uses and conditional uses can be found in article XVI of this chapter.

(c)   Reserved.

(d)   Reserved.

(e)   Reserved.

(f)   Development standards.

(1)   Density standards. Density in the RS-2 District shall be determined by the minimum lot size standards.

(2)   Structure size standards. None.

(3)   Lot size standards. The minimum lot size in the RS-2 District shall be 16,000 square feet.

(4)   Lot width standards. Lots in the RS-2 District shall have a minimum width of 80 feet.

(5)   Setback standards. The following minimum setbacks shall be required for uses in the RS-2 District.

(6)   Impervious surface standards. None.

(7)   Height standards. The maximum height of structures in the RS-2 District shall be 40 feet.

(8)   Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-3 of this chapter.

(9)   Parking/loading standards. Parking and loading facilities shall be provided as required by section 7-11-2 of this chapter. No parking shall be permitted within any required front setback other than that which would occur on an approved driveway.

(10)   Sidewalk standards. Sidewalks shall be provided as required by and pursuant to the requirements for sidewalks as set forth in subsection 7-11-8 of this chapter.

(11)   Access standards. None.

(12)   Open space standards. Open space shall be provided as required by section 7-11-4 of this chapter.

(13)   Design and operation standards. None.

(14)   Emergency wireless communications. Communication requirements shall be provided as required by section 7-11-9 of this chapter.

(a)   Purpose. It is the intent of the RS-4 Residential Single-Family Medium Density District to establish a medium density for single-family dwellings and to stabilize and protect the residential character of the district while promoting a suitable environment for single-family living. Non-single-family development normally required to provide the basic elements of a balanced and attractive residential area is also permitted.

(b)   Allowable land uses. All permitted uses, special uses, conditional uses and uses expressly prohibited are identified in subsection 7-8-1(d), Table of Permitted Uses. Standards for special uses and conditional uses can be found in article XVI of this chapter.

(c)   Reserved.

(d)   Reserved.

(e)   Reserved.

(f)   Development standards.

(1)   Density standards. Density in the RS-4 shall be determined by the minimum lot size standards.

(2)   Structure size standards. None.

(3)   Lot size standards. The minimum lot size in the RS-4 District shall be 8,000 square feet.

(4)   Lot width standards. Lots in the RS-4 District shall have a minimum width of 60 feet.

(5)   Setback standards. The following minimum setbacks shall be required for uses in the RS-2 District.

(6)   Impervious surface standards. None.

(7)   Height standards. The maximum height of structures in the RS-4 District shall be 40 feet.

(8)   Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-3 of this chapter.

(9)   Parking/loading standards. Parking and loading facilities shall be provided as required by section 7-11-2 of this chapter. No parking shall be permitted within any required front setback other than that which would occur on an approved driveway.

(10)   Sidewalk standards. Sidewalks shall be provided as required by and pursuant to the requirements for sidewalks as set forth in subsection 7-11-8 of this chapter.

(11)   Access standards. None.

(12)   Open space standards. Open space shall be provided as required by section 7-11-4 of this chapter.

(13)   Design and operation standards. None.

(14)   Emergency wireless communications. Communication requirements shall be provided as required by section 7-11-9 of this chapter.

(a)   Purpose. It is the intent of the RS-8 Residential Single-Family High Density District to establish a high density per acre for single-family dwellings where public infrastructure is sufficient to support such development and to stabilize and protect the district's residential character in areas of existing high density single-family development while promoting a suitable environment for single-family living. Non-single-family development normally required to provide the basic elements of a balanced and attractive residential area is also permitted.

(b)   Allowable land uses. All permitted uses, special uses, conditional uses and uses expressly prohibited are identified in subsection 7-8-1(d), Table of Permitted Uses. Standards for special uses and conditional uses can be found in article XVI of this chapter.

(c)   Reserved.

(d)   Reserved.

(e)   Reserved.

(f)   Development standards.

(1)   Density standards. Density in the RS-8 District shall be determined by the minimum lot size standards.

(2)   Structure size standards. None.

(3)   Lot size standards. The minimum lot size in the RS-8 District shall be 4,000 square feet.

(4)   Lot width standards. Lots in the RS-8 District shall have a minimum width of 40 feet.

(5)   Setback standards. The following minimum setbacks shall be required for uses in the RS-8 District.

(6)   Impervious surface standards. None.

(7)   Height standards. The maximum height of structures in the RS-8 District shall be 40 feet.

(8)   Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-3 of this chapter.

(9)   Parking/loading standards. Parking and loading facilities shall be provided as required by section 7-11-2 of this chapter. No parking shall be permitted within any required front setback other than that which would occur on an approved driveway.

(10)   Sidewalk standards. Sidewalks shall be provided as required by and pursuant to the requirements for sidewalks as set forth in subsection 7-11-8 of this chapter.

(11)   Access standards. None.

(12)   Open space standards. Open space shall be provided as required by section 7-11-4 of this chapter.

(13)   Design and operation standards. None.

(14)   Emergency wireless communications. Communication requirements shall be provided as required by section 7-11-9 of this chapter.

(a)   Purpose. It is the intent of the RM-6 Residential Multi-Family Low Density District to permit a limited range of low density multi-family housing types along with single-family detached and attached dwellings. This district is intended to provide a transitional area between single lower- and multi-family higher-density areas, and to provide a compatible mixture of these various housing types. Non-residential development normally required to provide the basic elements of a balanced and attractive residential area is also permitted.

(b)   Allowable land uses. All permitted uses, special uses, conditional uses and uses expressly prohibited are identified in subsection 7-8-1(d), Table of Permitted Uses. Standards for special uses and conditional uses can be found in article XVI of this chapter.

(c)   Reserved.

(d)   Reserved.

(e)   Reserved.

(f)   Development standards.

(1)   Density standards. The maximum residential density in the RM-6 district shall be two dwelling units for the first 6,000 square feet of lot area and an additional dwelling unit may be provided for each 1,000 square feet of lot area in excess of the minimum lot standard.

(2)   Structure Size. New multifamily structures shall have a building footprint of not more than 4,000 square feet and a gross floor area of not more than 12,000 square feet.

(3)   Lot size standards. The minimum lot size in the RM-6 District shall be 6,000 square feet.

(4)   Lot width standards. Lots in the RM-6 District shall have a minimum width of 60 feet.

(5)   Setback standards. The following minimum setbacks shall be required for uses in the RM-6 District.

(6)   Impervious surface standards. None.

(7)   Height standards. The maximum height of structures in the RM-6 District shall be 40 feet.

(8)   Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-3 of this chapter.

(9)   Parking/loading standards. Parking and loading facilities shall be provided as required by section 7-11-2 of this chapter. No parking shall be permitted in any required front setback other than that which would occur on an approved driveway.

(10)   Sidewalk standards. Sidewalks shall be provided as required by and pursuant to the requirements for sidewalks as set forth in subsection 7-11-8 of this chapter.

(11)   Access standards. None.

(12)   Open space standards. Open space shall be provided as required by section 7-11-4 of this chapter.

(13)   Design and operation standards. Multifamily development in RM-6 shall comply with design standards as required in section 7-10-8.

(14)   Emergency wireless communications. Communication requirements shall be provided as required by section 7-11-9 of this chapter.

(a)   Purpose. It is the intent of the RM-8 Residential Multi-Family Medium Density District to permit a full range of medium density multi-family housing types along with single-family detached and attached residences. This district is intended to provide a transitional area between high density single-family and multi-family areas, and to permit medium density multi-family development in areas where existing conditions make higher density development inappropriate. Non-residential development normally required to provide the basic elements of a balanced and attractive residential area is also permitted.

(b)   Allowable land uses. All permitted uses, special uses, conditional uses and uses expressly prohibited are identified in subsection 7-8-1(d), Table of Permitted Uses. Standards for special uses and conditional uses can be found in article XVI of this chapter.

(c)   Reserved.

(d)   Reserved.

(e)   Reserved.

(f)   Development standards.

(1)   Density standards. The maximum residential density in the RM-8 District shall be two dwelling units for the first 4,000 square feet of lot area and an additional dwelling unit may be provided for each 1,000 square feet of lot area in excess of the minimum lot standard.

(2)   Structure size standards. New multifamily structures shall have a building footprint of not more than 4,000 square feet and a gross floor area of not more than 12,000 square feet.

(3)   Lot size standards. The minimum lot size in the RM-8 District shall be 4,000 square feet.

(4)   Lot width standards. Lots in the RM-8 District shall have a minimum width of 40 feet.

(5)   Setback standards. The following minimum setbacks shall be required for uses in the RM-8 District.

(6)   Impervious surface standards. None.

(7)   Height standards. The maximum height of structures in the RM-8 District shall be 40 feet.

(8)   Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-3 of this chapter.

(9)   Parking/loading standards. Parking and loading facilities shall be provided as required by section 7-11-2 of this chapter. No parking shall be permitted in any required front setback other than that which would occur on an approved driveway.

(10)   Sidewalk standards. Sidewalks shall be provided as required by and pursuant to the requirements for sidewalks as set forth in subsection 7-11-8 of this chapter.

(11)   Access standards. None.

(12)   Open space standards. Open space shall be provided as required by section 7-11-4 of this chapter.

(13)   Design and operation standards. Multifamily development in RM-8 shall comply with design standards as required in section 7-10-8.

(14)   Emergency wireless communications. Communication requirements shall be provided as required by section 7-11-9 of this chapter.

(a)   Purpose. It is the intent of the RM-16 Residential Multi-Family High Density District to permit a full range of high density multi-family housing types along with limited institutional, public and commercial uses appropriate within high density residential areas. It is intended that this district be located near employment centers, shopping facilities, roads and other urban infrastructure capable of handling the demand generated by high density residential development.

(b)   Allowable land uses. All permitted uses, special uses, conditional uses and uses expressly prohibited are identified in subsection 7-8-1(d), Table of Permitted Uses. Standards for special uses and conditional uses can be found in article XVI of this chapter.

(c)   Reserved.

(d)   Reserved.

(e)   Reserved.

(f)   Development standards.

(1)   Density standards. The maximum residential density in the RM-16 District shall be two dwelling units for the first 2,500 square feet of lot area and an additional dwelling unit may be provided for each 1,000 square feet of lot area in excess of the minimum lot standard.

(2)   Structure size standards. New multifamily structures shall have a building footprint of not more than 4,000 square feet and a gross floor area of not more than 12,000 square feet.

(3)   Lot size standards. The minimum lot size in the RM-16 District shall be 2,500 square feet.

(4)   Lot width standards. Lots in the RM-16 District shall have a minimum width of 40 feet.

(5)   Setback standards. The following minimum setbacks shall be required for uses in the RM-16 District.

(6)   Impervious surface standards. None.

(7)   Height standards. The maximum height of structures in the RM-16 District shall be 40 feet.

(8)   Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-3 of this chapter.

(9)   Parking/loading standards. Parking and loading facilities shall be provided as required by section 7-11-2 of this chapter. No parking shall be permitted in any required front setback other than that which would occur on an approved driveway.

(10)   Sidewalk standards. Sidewalks shall be provided as required by and pursuant to the requirements for sidewalks as set forth in section 7-11-8 of this chapter.

(11)   Access standards. None.

(12)   Open space standards. Open space shall be provided as required by section 7-11-4 of this chapter.

(13)   Design and operation standards. Multifamily development in RM-16 shall comply with design standards as required by section 7-10-8.

(14)   Emergency wireless communications. Communication requirements shall be provided as required by section 7-11-9 of this chapter.

(c)   Reserved.

(d)   Reserved.

(e)   Reserved.

(a)   Purpose. The Office District is established to reserve areas for the development of small scale office uses adjacent to residential uses. A mixture of office and residential uses is permitted in the Office District. This district may serve as a transition as residential areas convert to other uses or between residential and commercial areas. Due to the location of the Office District near residential areas, uses in this district shall conduct most of their activities during daylight hours.

(c)   Reserved.

(d)   Reserved.

(e)   Reserved.

(c)   Reserved.

(d)   Reserved.

(e)   Reserved.

(c)   Reserved.

(d)   Reserved.

(e)   Reserved.

(c)   Reserved.

(d)   Reserved.

(e)   Reserved.

(c)   Reserved.

(d)   Reserved.

(e)   Reserved.

(a)   Purpose. The Resort District is established to provide an area for the development of resort oriented uses and conference/retreat facilities. This district will provide areas for the development and expansion of facilities which serve primarily tourists and vacationers. Development standards are established to protect adjacent land uses from the adverse impacts of resort development.

(b)   Allowable land uses. All permitted uses, special uses, conditional uses and uses expressly prohibited are identified in subsection 7-8-1(d), Table of Permitted Uses. Standards for special uses and conditional uses can be found in article XVI of this chapter.

(c)   Reserved.

(d)   Reserved.

(e)   Reserved.

(f)   Development standards.

(1)   Density standards. The maximum residential density per acre within the Resort District shall be 16 dwelling units.

(2)   Structure size standards. None.

(3)   Lot size standards. The minimum lot size in the Resort District shall be five acres.

(4)   Lot width standards. Lots in the Resort District shall have a minimum width of 100 feet.

(5)   Setback standards. The following minimum setbacks shall be required for uses in the Resort District.

(6)   Impervious surface standards. The maximum impervious surface coverage in the Resort District shall be 80 percent.

(7)   Height standards. The maximum height of structures in the Resort District shall be 80 feet except in the transition area described below in subsection (13). The permitted height of buildings and structures in the Resort District may be increased by one foot for each two feet of additional front, side, and rear setbacks up to a maximum height of 100 feet.

(8)   Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-3 of this chapter.

(9)   Parking/loading standards. Parking and loading facilities shall be provided as required by section 7-11-2 of this chapter.

(10)   Sidewalk standards. Sidewalks shall be provided as required by and pursuant to the requirements for sidewalks as set forth in section 7-11-8 of this chapter.

(11)   Access standards. None.

(12)   Open space standards. Open space shall be provided as required by section 7-11-4 of this chapter.

(13)   Design and operation standards. All exterior lighting shall be shielded such that light is not directed toward adjacent residential property. Outdoor loud systems shall be directed away from residential areas and shall not operate between the hours of 9:00 p.m. and 7:00 a.m.

(14)   Emergency wireless communications. Communication requirements shall be provided as required by section 7-11-9 of this chapter.

(a)   Purpose. The Institutional District is established to reserve land for the development of major educational facilities, major medical facilities and other complementary and supporting uses such as health related developments, office developments, and public services. Development standards for uses in this district are established to minimize conflict with adjacent land uses.

(b)   Allowable land uses. All permitted uses, special uses, conditional uses and uses expressly prohibited are identified in subsection 7-8-1(d), Table of Permitted Uses. Standards for special uses and conditional uses can be found in article XVI of this chapter.

(c)   Reserved.

(d)   Reserved.

(e)   Reserved.

(f)   Development standards.

(1)   Density standards. The maximum residential density per acre within the Institutional District shall be 30 dwelling units; or 60 dwelling units if 20 percent of the dwelling units are designated affordable. Projects including affordable units must provide a declaration of deed restrictions ensuring that rents or sale prices will remain affordable for the first ten years after completion, increasing by no more than three percent per year, or the annual increase in the Consumer Price index, whichever is lower. Also, such units must be reserved for qualified households in a form satisfactory to the city attorney. This density standard shall not apply to dormitories constructed on the campus of an educational institution.

(2)   Structure size standards. None.

(3)   Lot size standards. Except for single-family residential development, the minimum lot size in the Institutional District shall be 20,000 square feet. For single-family residential development in the Institutional District, the minimum lot size shall be 2,500 square feet for attached single-family development and 3,500 square feet for detached single-family development.

(4)   Lot width standards. Except for single-family residential development, lots in the Institutional District shall have a minimum width of 100 feet. For single-family residential development in the Institutional District, the minimum lot width shall be 50 feet.

(5)   Setback standards. The following minimum setbacks shall be required for uses in the Institutional District.

(6)   Impervious surface standards. The maximum impervious surface coverage in the Educational/Campus Institutional District shall be 80 percent.

(7)   Height standards. None required, except in the transition area described below in subsection (13).

(8)   Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-3 of this chapter.

(9)   Parking/loading standards. Parking and loading facilities shall be provided as required by section 7-11-2 of this chapter. No parking shall be permitted in any required setback.

(10)   Sidewalk standards. Sidewalks shall be provided as required by and pursuant to the requirements for sidewalks as set forth in section 7-11-8 of this chapter.

(11)   Access standards. Primary access to colleges, universities, junior colleges, vocational schools, hospitals, and medical complexes shall not be from local residential streets. If located on a local residential street, primary access to other non-residential uses in the Institutional District shall be no more than 500 feet from the local street's intersection with a street with a minimum classification of collector.

(12)   Open space standards. Open space shall be provided as required by section 7-11-4 of this chapter.

(13)   Design and operation standards.

(14)   Emergency wireless communications. Communication requirements shall be provided as required by section 7-11-9 of this chapter.

(c)   Reserved.

(d)   Reserved.

(e)   Reserved.

(a)   Purpose. The Regional Business District is established to provide areas for large scale commercial operations. This district permits a wide range of commercial uses.

(c)   Reserved.

(d)   Reserved.

(e)   Reserved.

(a)   Purpose. It shall be the purpose of the Central Business District to reinforce the downtown as the urban center of Asheville and Western North Carolina, encouraging private and public investment which will preserve the Central Business District as the primary retail, office, hotel, institutional, cultural and entertainment center of our community. It is further the purpose of this district to encourage a strong supportive retail center along with high density residential development which will complement other downtown uses and surrounding neighborhoods. A high priority is placed on design, integrating new uses into and with existing architecture in a respectful and cohesive manner. Design review guidelines in place for the downtown area remain as a companion document for urban design decisions. Development within this district should facilitate the circulation patterns and needs of individuals and business alike. A well-balanced transportation system for this district must recognize the importance of all forms of movements, be it pedestrian, bicycling, transit, automobile, or truck in nature.

(b)   Allowable land uses. All permitted uses, special uses, conditional uses and uses expressly prohibited are identified in subsection 7-8-1(d), Table of Permitted Uses. Standards for special uses and conditional uses can be found in article XVI of this chapter.

(c)   Reserved.

(d)   Reserved.

(e)   Reserved.

(f)   Development standards—Downtown. The following development standards apply to all parcels zoned Central Business District for new construction and/or changes that modify the exterior walls and/or roof of an existing building that are located within the boundaries of the Downtown Design Review Overlay District, as described in section 7-9-3 of this chapter. Routine maintenance, repairs or replacement of same or similar materials on existing buildings are exempt from these requirements.

(1)   Density standards. None.

(2)   Structure size standards. Structure size shall not be limited except that height and design and operational standards shall apply.

(3)   Lot size standards. None.

(4)   Lot width standards. None.

(5)   Setback standards. The following minimum setbacks shall be required for uses in the Central Business District.

a.   A setback of up to 50 feet from the edge of the curb may be approved for places of worship, civic and governmental buildings, and residential projects that will provide a public space, such as a courtyard or plaza space.

b.   A setback of up to 20 feet for uses in the district providing courtyard or plaza spaces in the setback area.

c.   An adopted plan or other official document of the city recommends a greater setback.

d.   A greater setback is determined as part of a design review process or is the result of an addition (that is otherwise compliant with this article) to an existing building.

Side: None required, except that a 15-foot setback will be required when adjacent to residentially zoned property.

Rear: None required, except that a 15-foot setback will be required when adjacent to residentially zoned property.

(6)   Impervious surface standards. None.

(7)   Height standards. For the definition of height see building height in section 7-2-5 of this chapter. The minimum height for new structures in the Central Business District will be two stories (a minimum of 24 feet). Maximum building height will be determined according to the context transition edge map, the height zone map, the height zone edge setback and shadow impacts described below and with maps following this section.

a.   The two-story requirement for new construction will mean that:

1.   A second floor is provided as a full occupiable floor and a mezzanine level will not be sufficient to meet this requirement; and

2.   Civic uses such as places of worship, arenas, auditoriums, and performance centers will not be required to meet the two-story requirement described in subsection 1. above.

b.   Context transition edge: The first step in determining the height permitted for a structure is to review the context transition edge map found at the end of this section to determine if it is applicable to the specific property. This map shows areas where a gradual scale transition is required for new downtown construction from nearby established residential neighborhoods. The map reflects a specific height overlay for properties located near the context transition edge (a 100-foot-wide area measured from the transition line). Buildings located within this transition edge will have their actual height determined by using the formula for height: H = D/1.5; (where H is the height of the building and D is the distance from the transition edge). The one exception is that a two-story structure with a 15-foot setback when adjacent to residentially zoned property is exempt from the formula requirements.

c.   Height zones: Measurement of height: The second step in determining the height permitted for a structure is to review the building height zone map located at the end of this section.

(1)   The intermediate height zone is 145 feet and the tallest height zone is 265 feet.

(2)   Actual building heights may exceed this height by an additional overall amount of 50 feet to accommodate such uses as the final occupied floor, mechanical penthouses and roof cap features.

d.   Height zone edge setback from the right-of-way: To protect certain views in downtown, as illustrated on the height zone map by a dashed line (specific to portions of four streets listed below), a height zone edge setback is established. The height zones for the intermediate height zone and the tallest height zone follow property lines except for the following streets where a height transition between these two zones 40 feet wide measured from the right-of-way line edge will be observed:

(1.)   College Street between the tunnel and Town Mountain Road.

(2.)   Haywood Street between Battery Park Avenue and N. French Broad Avenue (south side).

(3.)   Patton Avenue from Pearl Street to Otis Street (both sides of street) and continuing from Otis Street to the point of Pritchard Park (south side).

(4.)   Hilliard Avenue between Clingman Avenue and Pearl Street (north side).

e.   Shadow impact limits: Shadows from new construction on large or small public parks or public plazas are limited by the following standard:

(1.)   Shadows impacts on any one point are limited to no more than two hours between the hours of 10:00 a.m. and 2:00 p.m. on the spring or fall equinox at ground level; March 21 or September 21 respectively.

(2.)   Where no right-of-way exists between the proposed project and the public park or plaza, a 50-foot buffer free of any shadow limitations will be observed.

f.   One story additions to existing buildings are approved under the following circumstances:

1.   Additions are permitted when they are:

a.   1,000 square feet or less, or

b.   The addition does not expand the footprint of the existing building by more than 20 percent; and

c.   The addition is located no closer than five feet of the primary façade of an existing contributing structure in the Downtown National Register District, or is located at the rear of the existing building so there is no affect on the primary façade, or for non-contributing structures is placed to make the existing building either equal to or more compliant with setback requirements; and

d.   As measured from the primary street façade, the width of the addition shall not exceed 50 percent of the width of the existing building, and

e.   Other fenestration and design requirements if any, apply.

2.   One-story accessory structures, that are in support of a primary use on a site are allowed when:

a.   Placement of the accessory structure is behind or to the side of the primary building or in the case of outside dining spaces for restaurants, may be placed at the front of the lot to enhance activity at the sidewalk level, and

b.   Fenestration and design requirements if any, apply.

(8)   Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-3 of this chapter.

(9)   Parking/loading standards. If provided, loading facilities shall be placed along alleys or streets not identified on the Key Pedestrian Streets map (found at the end of this section) when available. There shall be no requirements for off-street parking in the Central Business District except for hotels with all required parking to be provided on-site. No parking is allowed between the building and any abutting street.

(10)   Sidewalk standards. Sidewalks shall be provided as required by and pursuant to the requirements for sidewalks as set forth in section 7-11-8 of this chapter.

(11)   Access standards. Vehicular entries shall be a maximum of 24 feet in width. In addition driveway curb cuts are limited to a single standard driveway per 200 feet along a block face per development. Automobile access and services from a rear alley is encouraged.

(12)   Open space standards. Open space shall be provided as required by section 7-11-4 of this chapter.

(13)   Design and operational standards.

a.   The following requirements apply to all buildings in the CBD: Street wall and step-back requirements:    In order to enhance the traditional scale of downtown and ensure adequate air and light at the sidewalk level and neighboring properties, a visual demarcation will be established across the façade of the building at a height that is defined as the street wall. Corresponding to this elevation on the façade a step-back across the front or side(s) will be provided and in limited circumstances described below, other alternatives may apply to ensure variety in new construction.

(1.)   Street wall height: The street wall height and specific alternatives are established in the following ways:

a.   If the property is located within the Traditional Downtown Core area as illustrated on the map following this section, the street wall will be set at between two and four stories with a recommendation to reflect the height of neighboring buildings;

b.   If the property is located outside the Traditional Downtown Core the street wall will be established by a one-to-one relationship to the width of the right-of-way (ROW). For example, a ROW of 50 feet would result in a maximum street wall height of 50 feet. Depending on the site the following scenarios may apply:

1.   If a parcel fronts on more than one street, the street wall shall be established by:

a.   The ROW width of the key pedestrian street if applicable; or

b.   Measuring the ROW from the side of the building with the primary pedestrian entrance.

2.   The street wall may wrap around to the side(s) at the same height or be re-established based on the ROW of the side street. For the purposes of this section frontage on a service alley will be treated the same as an internal property line and therefore would not require a street wall step- back, or;

c.   Throughout the CBD, a building that provides a setback along the frontage line to create a plaza or courtyard area (minimum depth ten feet), will not be required to establish a street wall. This setback area must exceed two-thirds of the building width along the frontage line; or

d.   For areas outside the Traditional Downtown Core where the ROW area is greater than 75 feet, a building is not required to provide a street wall step- back or side step-back. Buildings in these situations will be required to meet other design and operational standards as applicable; or

e.   Throughout the CBD, a variance may be sought as set forth in section 7-5-9.1 from the step-back requirements by meeting design guidelines that specify a clear visual demarcation provided between the base of the building and upper floors corresponding to the height of the street wall. The requested variance shall not result in conflict with building code requirements; or

f.   Throughout the CBD, buildings determined to be signature buildings or proposed for landmark locations may seek a variance as set forth in section 7-5-9.1 from street wall and step-back requirements when they meet design guidelines specific to landmarks. See the Public View Corridors map for recommended landmark locations.

g.   When an existing one-story building that is a contributing structure in the downtown national register district will be incorporated into a development proposal that may include a single or multi-story addition, it will be deemed to satisfy the requirement or that portion of the requirement for the streetwall.

(2.)   Step-back requirement: In order to enhance the traditional scale of downtown and ensure adequate air and light at the sidewalk level and neighboring properties a step-back at the street wall height is required according to the following standards. In no case shall the required step-back(s) decrease the buildable area by more than ten percent:

a.   At the street wall height a minimum ten-foot-wide step-back is observed along at least two-thirds of the length of the street-side façade (the remaining one- third may be provided at up to two hundred percent (2 x) of the street wall height); or

b.   A side step-back may be provided as an alternative according to the following requirements as applicable.

1.   At the street wall height, a 40-foot-wide step-back is provided along the side of the proposed structure. This 40-foot-wide step-back may be split between two sides (such as 20 feet each side);

2.   Buildings taller than 75 feet shall provide a side step-back that equals one-half of the width of the façade above 75 feet*.

(3.)   Design organization: Buildings shall demonstrate a building design organization on each façade such as but not limited to a base-middle-cap organization, vertical articulation or other organizing principle.

a.   Provide a cap to enhance a base-middle-cap oriented design; or

b.   Provide a cornice or other decorative band for flat roofs to serve as a cap.

(4.)   Pedestrian entrances: All buildings shall have their primary pedestrian entrance on a frontage line. If the site is located on a key pedestrian street then the primary pedestrian entrance shall be located along that street. See the Asheville Downtown Design Guidelines for additional recommendations.

(5.)   Windows, doors and other openings. Building fenestration is required because it enhances the character of downtown Asheville by providing features of visual interest at the sidewalk for the benefit of pedestrians, by defining the scale of buildings between the ground floor and upper floors and by improving the skyline vista of Asheville. The following requirements apply:

a.   For buildings along streets designated as key pedestrian streets (see map at the end of this section), at least 70 percent of the street-level façade is composed of windows, doors and other openings.

b.   For buildings along streets that are not designated as key pedestrian streets, at least 50 percent of the street-level façade is composed of windows, doors and other openings.

c.   Residential buildings shall provide at least 30 percent (40 percent for live/work units) windows, doors or other openings along the street-level façade unless located along a key pedestrian street where it will be required to meet the 70 percent standard noted above.

d.   All buildings are required to provide a minimum of 20 percent of the upper story areas as windows, doors or other openings with each face calculated independently. This requirement applies to exposed building sides unless otherwise restricted by the NC State Building Code.

e.   At street-level, areas of opaque wall may extend no more than 20 feet horizontally before beginning a window, door or other opening.

f.   Glass may be tinted but shall not be reflective.

g.   When the façade of a building follows the natural grade of a sloping site, windows and other openings which may start out at pedestrian-level quickly go overhead and no longer relate to the sidewalk; in these situations where the surface level of the floor reaches six feet or more above the sidewalk, that floor will be deemed to no longer be at the pedestrian level. Requirements for windows, doors or other openings will be reassessed for the remaining ground level façade length.

b.   The following requirements apply to buildings taller than 75 feet for additional floors extending above this point:

(1.)   Floor plate limited:

a.   For parcels 20,000 square feet and larger, the gross floor plate area is limited to 40 percent of the lot area;

b.   For parcels smaller than 20,000 square feet, gross floor plate area may not exceed 8,000 square feet.

c.   For parcels greater than 16,000 square feet, the agency or official responsible for project review may consider floor plates up to 50 percent if it is surrounded by substantial permanent public or private open space that allows for views and access to direct sunlight.

(2.)   Maximum dimension defined: The maximum horizontal wall dimension in any direction is limited to 145 feet for additional floors above the 75 feet.

(3.)   External vista points: Photomontages modeling the proposed building are required from each of the established external vista points as a tool to evaluate development proposals:

(4.)   Public view corridors: If a project lies within a public view corridor based on the map following this section a photomontage from the internal vista point is required and where possible, building mass should be oriented to preserve views and roof forms should help to frame views.

c.   Additional site related standards for all projects: Street furnishings: Street furnishings placed in the public right-of-way shall be approved by the department of public works and will include but not be limited to benches, tree grates, lighting fixtures and waste receptacles.

(14)   Downtown design review guidelines. All construction work requiring building, sign, demolition, and zoning permits and projects requesting a variance, within the downtown boundaries designated by the Asheville City Council, shall be submitted for mandatory review, voluntary compliance with the adopted Downtown Asheville Design Review Guidelines, with the exception of locally designated historic landmarks which shall be reviewed by the Historic Resources Commission of Asheville and Buncombe County in accordance with the applicable review procedures of the historic resources commission.

(15)   Emergency wireless communications. Communication requirements shall be provided as required by section 7-11-9 of this chapter.

(16)   Balconies. A balcony encroachment which extends into the public right-of-way beyond three feet must be approved by the city council.

(17)   Skywalks and pedestrian bridges.

a.   Skywalks and pedestrian bridges over key pedestrian streets are not permitted in the district.

b.   Skywalks and pedestrian bridges when crossing over alleys or private property are permitted with the approval of the director.

c.   Skywalks and pedestrian bridges when crossing over streets not included on the key pedestrian streets map are permitted with the approval of the director.

(18)   Outdoor storage. Outdoor storage or outdoor warehousing, excluding automobile or cycle sales and leasing, is prohibited in this district.

(g)   Reserved.

(a)   Purpose. River District is hereby created to celebrate, conserve, promote, and manage those areas on both sides of the French Broad and Swannanoa Rivers within the corporate limits and those areas of extraterritorial jurisdiction of the City of Asheville, North Carolina. These zoning standards will ensure that new development is compatible with and enhances the unique river resources as called for in Asheville's Comprehensive Plan and addenda. It is the intent of these standards to promote economic revitalization throughout the river valleys while providing for an opportunity for enjoyment of the river by a maximum number of citizens, neighbors, and guests. The Riverfront Plan, the Riverfront Open Space Guidelines, and the River District Design Review Guidelines are companion documents to these regulations.

(1)   Promote the protection and improvement of the French Broad and Swannanoa Rivers as water resources;

(2)   Allow a mixture of river oriented land uses (residential, recreational, office/institutional, commercial, manufacturing, industrial, open space, and agricultural) to develop and prosper together through the establishment of specific development standards;

(3)   Promote responsible development that will result minimal stormwater runoff, soil erosion, river bank destabilization, grading, and flood damage;

(4)   Promote the preservation of a vegetative river resource corridor between the top of the river bank and new development to protect property from flooding and to enhance water quality;

(5)   Encourage the planting of specific riparian landscaping that will aid in controlling erosion, improving water quality, reducing stormwater runoff, enhancing fish and wildlife habitats, and protecting visual quality;

(6)   Promote the protection of existing natural areas, wetlands, and habitats, especially bluffs along the rivers;

(7)   Encourage the establishment of vegetative buffer yards between incompatible land uses to lessen negative impacts;

(8)   Encourage the conservation, protection, and promotion of the district's natural, cultural, and historic resources to enhance its value as a significant amenity to Asheville's citizens, neighbors, and tourists;

(9)   Encourage the creation of identifiable neighborhoods within the district through preferred land uses and the enhancement of their historical significance through coordinated physical amenities;

(10)   Promote improvements to existing infrastructure and the coordination of all new utility improvements;

(11)   Promote the rivers as a gateway to the city by encouraging the improvement of physical connections to Downtown, West Asheville, Biltmore Village, U.N.C.-A., A. B. Technical Community College, Warren Wilson College, Blue Ridge Parkway, and the N.C. Arboretum and encourage the provision of controlled public access directly to the water; and

(12)   Encourage the development of different uses on different floors of multiple story buildings.

(b)   Allowable land uses. All permitted uses, special uses, conditional uses and uses expressly prohibited are identified in subsection 7-8-1(d), Table of Permitted Uses. Standards for special uses and conditional uses can be found in article XVI of this chapter.

(c)   Reserved.

(d)   Reserved.

(e)   Reserved.

(f)   Development standards.

(1)   Density standards. The maximum residential density per acre within the River District shall be 30 dwelling units; or 60 dwelling units if 20 percent of the dwelling units are designated affordable. Projects including affordable units must provide a declaration of deed restrictions ensuring that rents or sale prices will remain affordable for the first ten years after completion, increasing by no more than three percent per year, or the annual increase in the Consumer Price index, whichever is lower. Also, such units must be reserved for qualified households in a form satisfactory to the city attorney.

(2)   Structure size standards. None. However, in multi-tenant developments, no single retailer shall constitute more than 75 percent of the total gross floor area.

(3)   Lot size standards. None.

(4)   Lot width standards. None.

(5)   Setback standards. The following minimum setbacks shall be required for uses in the River District.

(6)   Impervious surface standards. The maximum impervious surface coverage in the River District shall be 80 percent. Vegetative drainage swales are required for stormwater control in the River District.

(7)   Height standards. The maximum height of structures in the River District shall be 60 feet.

(8)   Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-3 of this chapter. Species suitable for a river environment shall be specified for required landscaping and buffering in the River District. (See Appendix C, Recommended Species List.) In areas experiencing natural stream bank erosion, planting of riparian vegetation shall be the required stabilization measure. If this technique is shown to be ineffective, then riprap shall be utilized, using natural rocks and installed in a manner providing space for vegetative growth.

(9)   Parking/loading standards. Parking and loading facilities shall be provided as required by section 7-11-2 of this chapter. No parking shall be permitted in any required setback. Uses in the River District shall be permitted a 20 percent reduction in required parking. Shared parking arrangements and common parking areas are encouraged.

(10)   Sidewalk standards. Sidewalks shall be provided as required by and pursuant to the requirements for sidewalks as set forth in subsection 7-11-8 of this chapter.

(11)   Open space standards. Open space shall be provided as required by section 7-11-4 of this chapter.

(12)   Design and operation standards. The speculative grading of land within the River District is prohibited. Natural slopes in excess of 45 degrees shall not be graded and the existing vegetation shall not be removed.

(13)   Emergency wireless communications. Communication requirements shall be provided as required by section 7-11-9 of this chapter.

(14)   Storage tanks and containers. Storage tanks and containers used for storage of chemicals, oil or fuels incidental to a use that is allowed in the district but shall be prohibited when located within the regulated floodway and, if out of the floodway, shall be elevated and secured to comply with the City of Asheville Environmental Protection Standards found in article 12.

(a)   Purpose. The Commercial Industrial District is established to provide areas for a wide range of commercial and industrial uses including: light manufacturing, wholesale, warehousing, services, retail sales, offices, and residential uses. The district is established where environmental conditions and urban infrastructure are adequate to support commercial and industrial development.

(b)   Allowable land uses. All permitted uses, special uses, conditional uses and uses expressly prohibited are identified in subsection 7-8-1(d), Table of Permitted Uses. Standards for special uses and conditional uses can be found in article XVI of this chapter.

(c)   Reserved.

(d)   Reserved.

(e)   Reserved.

(f)   Development standards.

(1)   Density standards. The maximum residential density per acre within the Commercial Industrial District shall be eight dwelling units.

(2)   Structure size standards. None.

(3)   Lot size standards. None.

(4)   Lot width standards. Lots in the Commercial Industrial District shall have a minimum width of 100 feet.

(5)   Setback standards. The following minimum setbacks shall be required for uses in the Commercial Industrial District.

(6)   Impervious surface standards. None.

(7)   Height standards. The maximum height of structures in the Commercial Industrial District shall 80 feet.

(8)   Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-3 of this chapter.

(9)   Parking/loading standards. Parking and loading facilities shall be provided as required by section 7-11-2 of this chapter. No parking shall be permitted in the required front setback.

(10)   Sidewalk standards. Sidewalks shall be provided as required by and pursuant to the requirements for sidewalks as set forth in section 7-11-8 of this chapter.

(11)   Access standards. Points of access to the street shall be determined by the city traffic engineer following review of the site plan and other relevant information.

(12)   Open space standards. Open space shall be provided as required by section 7-11-4 of this chapter.

(13)   Design and operation standards. Open storage shall not be permitted within any required setback.

(14)   Emergency wireless communications. Communication requirements shall be provided as required by section 7-11-9 of this chapter.

(a)   Purpose. Realizing the importance of light industrial uses to the economy of the City of Asheville, it shall be the purpose of the Light Industrial District to reserve land for existing and future light industrial, office- warehouse, and related activities and for land uses that support these activities. Development standards are established to ensure that land uses located outside the Light Industrial District are not adversely affected by the negative impacts of the more intense development types permitted in this zoning district. Light Industrial Districts shall be located to capitalize on existing infrastructure where possible, such as transportation facilities and utilities.

(b)   Allowable land uses. All permitted uses, special uses, conditional uses and uses expressly prohibited are identified in subsection 7-8-1(d), Table of Permitted Uses. Standards for special uses and conditional uses can be found in article XVI of this chapter.

(c)   Reserved.

(d)   Reserved.

(e)   Reserved.

(f)   Development standards.

(1)   Density standards. The maximum residential density per acre within the Light Industrial District shall be two dwelling units per acre and shall apply only to accessory dwellings as residential uses are generally prohibited in the Light Industrial District.

(2)   Structure size standards. None.

(3)   Lot size standards. The minimum lot size in the Light Industrial District shall be 10,000 square feet.

(4)   Lot width standards. Lots in the Light Industrial District shall have a minimum width of 100 feet.

(5)   Setback standards. The following minimum setbacks shall be required for uses in the Light Industrial District.

(6)   Impervious surface standards. 85 percent.

(7)   Height standards. 80 feet.

(8)   Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-3 of this chapter.

(9)   Parking/loading standards. Parking and loading facilities shall be provided as required by section 7-11-2 of this chapter. No parking shall be permitted in any required front setback. Loading docks designed to accommodate vehicles larger than panel trucks shall be limited to one per each 20,000 square feet of gross floor area.

(10)   Sidewalk standards. Sidewalks shall be provided as required by and pursuant to the requirements for sidewalks as set forth in section 7-11-8 of this chapter.

(11)   Access standards. None.

(12)   Open space standards. Open space shall be provided as required by section 7-11-4 of this chapter.

(13)   Design and operation standards.

a.   Transition area: Within 200 feet of a residentially zoned area, primary entrances of buildings and structures shall be directed away from residential uses.

b.   Uses located in the Light Industrial District shall be subject to the noise standards set forth in the city's noise ordinance (article IV of the Code of Ordinances of the City of Asheville, sections 10-81 through 10-83).

c.   Exposed sources of light shall be equipped with a 90 degree shut-off fixtures. The top of light fixtures shall not exceed 30 feet in height in parking lots and 14 feet at all other locations on the development site.

(14)   Emergency wireless communications. Communication requirements shall be provided as required by section 7-11-9 of this chapter.

(a)   Purpose. Realizing the importance of industrial uses to the economy of the City of Asheville, it shall be the purpose of the Industrial District to reserve land for existing and future industrial activities and for land uses that support industrial activities. Development standards are established to ensure that land uses located outside the Industrial District are not adversely affected by the negative impacts of industrial uses. Industrial Districts shall be located to capitalize on existing infrastructure where possible, such as transportation facilities and utilities. Supporting land uses are characterized as providing supplies, raw materials, transportation, or storage services to industries or providing services to industrial employees.

(b)   Allowable land uses. All permitted uses, special uses, conditional uses and uses expressly prohibited are identified in subsection 7-8-1(d), Table of Permitted Uses. Standards for special uses and conditional uses can be found in article XVI of this chapter.

(c)   Reserved.

(d)   Reserved.

(e)   Reserved.

(f)   Development standards.

(1)   Density standards. The maximum residential density per acre within the Industrial District shall be two dwelling units.

(2)   Structure size standards. None.

(3)   Lot size standards. The minimum lot size in the Industrial District shall be 10,000 square feet.

(4)   Lot width standards. Lots in the Industrial District shall have a minimum width of 100 feet.

(5)   Setback standards. The following minimum setbacks shall be required for uses in the Industrial District.

(6)   Impervious surface standards. None.

(7)   Height standards. None.

(8)   Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-3 of this chapter.

(9)   Parking/loading standards. Parking and loading facilities shall be provided as required by section 7-11-1 of this chapter. No parking shall be permitted in any required front setback. Employee parking only shall be permitted in any required side and rear setback.

(10)   Sidewalk standards. Sidewalks shall be provided as required by and pursuant to the requirements for sidewalks as set forth in section 7-11-8 of this chapter.

(11)   Access standards. None.

(12)   Open space standards. Open space shall be provided as required by section 7-11-4 of this chapter.

(13)   Design and operation standards.

(14)   Emergency wireless communications. Communication requirements shall be provided as required by section 7-11-9 of this chapter.

(a)   Purpose. The Urban Village District is established to create mixed use development that is economically vital, pedestrian-oriented and contributes to the place-making character of the built environment. The Urban Village District offers the unique opportunity to provide quality and long lasting retail, office and residential uses in an organized layout that encourages the full range of access by patrons and users, and offers innovative high quality design of structures, public amenities and pedestrian facilities. The development and design standards set forth in this district intend to accomplish the following purposes:

(1)   Provide safe and convenient access to shopping and other essential services to:

(2)   Effective traffic flow through:

(3)   Create a built environment that serves to:

(4)   Promote sustainable use of limited land and investment resources by:

(b)   Allowable land uses. All permitted uses, special uses, conditional uses and uses expressly prohibited are identified in subsection 7-8-1(d), Table of Permitted Uses. Standards for special uses and conditional uses can be found in article XVI of this chapter.

(c)   Reserved.

(d)   Reserved.

(e)   Reserved.

(f)   Development standards.

(1)   Master plan required.

a.   Unless initiated by the city pursuant to its zoning authority, Urban Village District projects are required to submit a master plan with the zoning application for the entire parcel that indicates the general street network, the land use configuration within that network, the ultimate proposed development intensity (including the number of residential units and gross square footage of all nonresidential uses), and the proposed structure heights for the Urban Village. For initiation of this zoning classification, properties may fall under more than one ownership so long as there exist covenants or other legally binding agreements that address cross-access, cross- parking and other similar issues affecting joint operation of the projects.

b.   After the establishment of the Urban Village District zoning, regardless of scale, Urban Village District development projects shall be approved under the Level II site plan review process. Multi- phase projects must submit drawings and elevations along with the approved master plan at the time of Level II review. A traffic impact analysis will be required for all Urban Village projects and shall be submitted with the Level II application. Projects for the Urban Village District shall be reviewed for compliance with the standards set forth in the ordinance.

c.   Revisions to approved Urban Village District master plans may be approved by the city council or by the planning and development director depending on the type of revisions being requested. City council shall review any revisions to a master plan that increases the overall development intensity, changes the proposed mix of uses by increasing or reducing any use category by 25 percent or more, or increases the maximum building height from that shown on the approved master plan. Additionally, city council shall review any revision to a master plan that results in a decrease in the amount of perimeter open space or perimeter parking lot buffering, or in a 25 percent or greater reduction in the number of proposed blocks from that shown on the approved master plan. For the purpose of determining overall development intensity, one residential unit shall be regarded as the equivalent of 500 square feet of office floor area; one residential unit shall be regarded as the equivalent of 200 square feet of commercial floor area; and 1,000 square feet of office space shall be regarded as the equivalent of 350 square feet of commercial floor area. For other uses, the planning and development director shall determine the equivalency factor using quantifiable information such as automobile trip generation data. In reviewing master plan revisions, the city council shall follow the same public hearing process used to approve the initial master plan; at its discretion, the city council may refer the proposed revisions to the planning and zoning commission for their recommendation. The planning and development director is authorized to review and approve all other revisions to master plans. In approving revisions to a master plan, the planning and development director shall analyze the revisions in terms of compliance with the specific requirements of the Urban Village Zoning District, the general development pattern approved by city council, and the overall development concept, including the mix of uses, of the initial approved masRer plan. In the event the planning and development director denies the proposed revisions, the property owner may request that the city council review the revisions following the same public hearing process as provided above.

(2)   Density standards. Maximum residential density shall not be limited, except by other standards such as building height, parking, landscaping and buffering, open space, and traffic impact analysis.

(3)   Structure size standards. The structure size shall not be limited except by other standards such as building height, parking, landscaping and buffering, open space, and traffic impact analysis.

(4)   Area standards. The minimum area required to establish an Urban Village District shall be five acres.

(5)   Lot size standards. There is no minimum lot size in an Urban Village District.

(6)   Street design standards. Internal streets in the Urban Village District shall be designed using the Asheville Standards And Specifications Manual (or as approved by the city engineer) but shall contain: pedestrian zone area, travel lane area, center medians if any, on-street parking. The sight visibility triangle requirement noted in article XI may be modified at the review of the city engineer.

(7)   Lot width standards. None

(8)   Setbacks.

a.   Arcades and awnings may encroach into the setback area.

b.   Mixed use office/retail structures may be setback from the back of curb up to 25 feet if at least ten feet in front of the structure includes an arcade, forecourt, dooryard, or courtyard offering public amenities.

c.   Institutional and public uses may be setback a maximum of 75 feet as measured from back of curb for projects that incorporate a courtyard or green. Courtyard and green areas may include landscape portions but shall also include hardscape paving elements for public meeting or gathering. The main façade of institutional and public use structures must face this setback area.

d.   Single-family residential structures may be setback up to 25 feet from back of curb and may include a dooryard, courtyard, porch and fence.

e.   Multifamily residential structure setback areas may include a courtyard up to 25 feet deep. The courtyard may not be wider than one-third of the building length unless approved by the director of planning and development.

f.   Variations in setback requirements may be granted by the city council to address issues of context, including but not limited to alignment of buildings in the same blockface, street classification on the thoroughfare plan, and proposed or existing public greens, pedestrian zones and courtyards.

g.   Buildings may be set back up to 40 feet from back of curb for topographic reasons subject to the following requirements:

1.   Have upper and lower sidewalks join at the same grade as a single sidewalk, or

2.   Connect the upper and lower sidewalks through no more than five steps or a ramp at no more than a one to 12 slope. The steps described in this scenario are the steps running parallel to the face of the building connecting to the sidewalk area.

(9)   Impervious surface standards. None.

(10)   Height standards.

a.   Minimum height: 15 feet. Maximum height: 100 feet. It is the intent of this section that the predominant height of structures in Urban Village Districts be between two and six stories in height. In applying this provision, single story structures shall not exceed 50 percent of the total gross building footprint of structures included in the master plan. Any structure taller than four stories shall be designed with a cornice at the fourth story level, with those portions of the structure taller than four stories being set back at a minimum of ten feet from the cornice level. Any structure taller than six stories shall be located internally to the site unless the surrounding context supports such height.

b.   As part of its approval of the master plan, increases in maximum height of a structure may be allowed by the city council not to exceed 150 feet, based on such factors as topography, relationship to other structures in the area, and compliance with applicable design guidelines. For structures exceeding 100 feet in height, the minimum cornice level setback shall be 20 feet or a second cornice level with a minimum setback of 10 feet shall be established at a point between floors five through eight.

(11)   Design and operational standards.

a.   Orientation. Buildings shall be oriented towards their primary access street. On corner lots, the building must be located at the corner. Single-family residential units located on a corner are exempt from this requirement. Building sides should appear similar to their fronts.

b.   Entrances. All buildings should include well-defined entrances facing the street at regular intervals. An operable entrance on each primary façade should be provided to encourage access by pedestrians. Buildings on corner lots may place the entrance at the corner eliminating the need for side entrances.

c.   Windows, doors and other openings. The first floor of all new structures in the Urban Village District shall be designed in a way that a minimum of 45 percent of the length of the first floor street frontage incorporates either windows, doors and other openings to complement pedestrian scale activity. Structures shall have windows evenly distributed across the façade. Upper story windows, doors and other openings shall make up at least 30 percent of the wall surface. Residential-only buildings that are identified on the approved masterplan may reduce the openings along the ground floor street facing façade to 30 percent. All storefront windows shall be transparent or lightly tinted and shall not appear false or applied. Windows are also required along the sides of structures that are visible from roadways or have parking adjacent to them. Exceptions to these standards may be made by the city council in order to achieve compliance with LEED or NC building energy code standards, to accommodate public art or to allow alternative fenestration approaches provided the intent of this section is met by the building exhibiting a primary focus on pedestrian interest.

d.   Variances. Requests for variances of the design and operational standards set forth in this subsection may be granted by the planning and zoning commission, which is hereby designated to perform the duties of a board adjustment for this purpose.

(12)   Internal access and connectivity. The site shall be traversed by a network of internal streets built according to the Asheville Standards and Specifications Manual (or as approved by the city engineer). Internal streets should seek to avoid cul-de-sacs and dead end roads and other features that hamper connectivity. However, roads may terminate at a monumental structure or a green. In such cases, a sidewalk or other connection must be provided to ensure the goals of connectivity. In addition, internal streets are also required to have sidewalks and street trees. A bus shelter is required for Urban Village Districts. Larger projects may require more shelters as determined by the Traffic Impact Analysis and or by the transit director. Connectivity is a goal of the internal street system and external connections to areas outside and adjacent to the Urban Village should be created where possible and appropriate. Blocks are required throughout the site to provide access to different village areas and to encourage multi-modal transportation options. Only one driveway per block face shall be allowed for blocks shorter than 350 feet; up to two driveways may be allowed in blocks 350 feet or longer provided measures are taken to maintain pedestrian interest and safety. Single-family (including townhome) and duplex uses are exempt from this driveway restriction. Parking and loading access from service alleys for all uses, however, is encouraged, and such alleys, when approved as part of the street network of the master plan, shall be exempt from the requirements of this section.

(13)   Block length. Block length may vary but shall not exceed 500 feet in length. For blocks on local streets that are 350 feet or longer, a mid-block pedestrian street crossing is required which may also include a parking lot driveway and/or pedestrian passageway between two or more buildings, and shall have curb extensions (bulbouts) for ease and safety of pedestrian street crossing (per the Asheville Standards and Specifications Manual). Collector streets may also require mid-block pedestrian crossings as noted above. Variations in block length and pedestrian crossing requirements may be approved by the city engineer provided the intent of this section is met.

(14)   Pedestrian zone and sidewalks. The pedestrian zone is the area between the street curb and the building edge or for access roads, the street curb and the ROW area. The pedestrian zone includes sidewalks, street trees and other pedestrian amenities. The pedestrian zone will generally be 15 feet wide along primary streets in the Urban Village District but may be wider depending on the setback pattern. On secondary streets, the city engineer may accept a 12-foot wide pedestrian zone after evaluation of traffic and circulation patterns. Sidewalks in Urban Village Districts shall be required along one side of access streets and both sides of internal streets throughout the development. If appropriate to the design of the Urban Village, greenway paths may be substituted for sidewalks in residential areas to provide connections. The sidewalk shall be a minimum of seven feet wide in the Urban Village District. In solely residential areas containing less than eight units per acre, sidewalks are only required to be five feet wide. With institutional and public uses that have an increased setback, a sidewalk shall connect the building façade entrance with the street. The sidewalk may be as wide as the entire pedestrian area. Arcades, awnings, outdoor dining, shelters, seating areas, fountains, street trees, additional landscaped areas and other pedestrian amenities may be a part of this pedestrian area so long as seven feet of clear walking space is maintained. The pedestrian area may also be used to create an area for waiting, pick up and drop off. At locations such as intersections and other crosswalks, curb extensions (bulb-outs) are required to create safer pedestrian crossings. No fee in lieu of construction of sidewalks will be accepted in urban village districts.

(15)   Parking/loading standards. Parking facilities shall be provided as per the parking, loading and access standards, article 11 of this code with the exceptions noted below:

a.   Amount of parking. Parking spaces in the Urban Village District shall be reviewed at the master plan level. The maximum number of spaces allowed in Urban Villages shall be the minimum required in the parking section in article 11 since this district can take advantage of shared parking opportunities. Parking spaces in parking structures shall be exempt from parking space calculations.

b.   On-street parking. On-street parking is required for all local streets and for collector streets as approved by the city engineer. On-street parking may take the form of parallel or angle parking and shall be built according to the Asheville Standards and Specifications Manual. On-street parking shall be counted when calculating the maximum number of spaces allowed.

c.   Off-street parking. Uses in the Urban Village District are not required to provide off-street parking. Off street parking lots are encouraged to be provided at the side or rear of buildings or the interior of a block of buildings and not closer to the street than the edge profile of the structures. No more than 20 percent of parking that is provided in the Urban Village District shall be in the form of off-street surface lots not located to the side or rear of buildings. Off-street parking shall not be adjacent to street intersections. No parking is permitted in any setback area. No more than 50 percent of the parking spaces provided may be in the form of off-street surface parking, with other parking to be accommodated in on-street or structured parking. Phased development may exceed the allowable amount of surface parking for time frames determined in master plan approval provided that full development of all phases meets the above requirements.

d.   Bicycle parking. Bicycle parking shall be provided as per article 11 except that the five percent calculation of total parking spaces will include on-street and off-street spaces provided in the master plan. Bicycle parking shall be distributed throughout the project use area.

e.   Loading standards. Urban Village Districts may share on-street and off-street loading facilities and are therefore allowed to provide these facilities at half the rate listed for the applicable uses. On- street loading spaces may be counted toward the project loading requirements.

(16)   Street trees. Street trees are required in the pedestrian zone and along access roads at an average rate of one tree every 40 feet and shall be selected from the City of Asheville recommended tree species list for durable large maturing trees. Trees may be planted in minimum of five foot by five-foot square pits close to the curb edge of the sidewalk. Tree frames and grates are not required but are recommended especially near store entrances, other sidewalk constraints, points of ingress or egress, or public gathering areas. If tree grates are not used, an organic surfacing material shall be used to level the surface of the tree pit with the sidewalk. This material shall receive regular maintenance. To offer flexibility in the tree planting requirements, trees may be planted in planting strips adjacent to the curb edge of the sidewalk. Planting strips shall be no narrower than five feet wide. Planting strips may include grass, flowers and other plant materials where appropriate. Planting strips may not be appropriate in pedestrian gathering areas.

(17)   Landscape/buffering standards. Landscaping and buffering shall be in accordance with article 11 [of the UDO] of the code with exceptions as noted below. Surface parking lots shall include interior and perimeter tree plantings made up of deciduous trees at a rate of one tree for every 1,500 square feet of parking and shall be selected from the City of Asheville Recommended Species Tree List for durable large sized trees. No parking space may be farther than 45 feet from a tree. Parking areas adjacent to roadways will require buffering from the street as noted in article 11 [of the UDO] with the exception that the buffer planting area shall be a minimum of eight feet wide. Residential structures within the Urban Village may have up to a 100 percent reduction in buffering requirements from the rest of the Urban Village. Buffering for Urban Village District projects is measured and reviewed from the parcel lot lines used to establish the district and not on an internal lot-by-lot basis. The Urban Village development projects shall be considered a high impact use based on the existing adjacent land use table in article 11 [of the UDO]; however, required buffering of neighboring uses may be reduced by the director of planning and development depending on the compatibility of the design of the project or particular component thereof with adjoining uses.

(18)   Open space standards. Open space for urban village district shall be a minimum of five percent of the area covered by the master plan. Pedestrian zones and public plaza spaces may be counted toward the open space requirements. Any bufferyards provided according to this section that are constructed with a greenway or other durable walking trail may also be counted toward the open space requirements. Dedicated public park space shall be reviewed with the City of Asheville Parks and Recreation Department for concurrence, agreement and maintenance (if required).

(19)   Emergency wireless communications. Communication requirements shall be provided as required by section 7-11-9 of this chapter.

(c)   Reserved.

(d)   Reserved.

(e)   Reserved.

A).   Mid-Block Parcel: Mixed use/Single Use Structures

B).    Corner Lot Parcel: Mixed Use/Single Use Structures

C).   Additional Features and Site Additions

a.   Parking shall be provided at the side or rear of the structure and not closer to the street than the face or edge of the structure; on corner lots, the side of the building that fronts on the secondary street is also considered a front or face of the building.

b.   Parking may be provided in the street right-of-way adjoining the property as on-street parking.

c.   Uses in the Neighborhood Corridor District are permitted a 50 percent reduction in the minimum number of parking spaces required by section 7-11-2 of this chapter provided that a walking amenity and bike racks are provided (walking amenities may include but are not limited to public courtyards, drinking water fountains, benches, shade structures, pocket green spaces and public access restrooms).

d.   Shared and remote parking is encouraged and may count for up to 100 percent of the required parking so long as the parking is within 500 feet of the property. Rules requiring that shared and remote parking areas must be found in the same zoning classification are waived in the Neighborhood Corridor District. Residentially zoned areas may not be used to provide shared or remote parking space for this district except that non-residential uses in residential districts may be used. Parcels will require a recorded agreement for the shared or remote parking arrangement.

e.   Residential uses shall be exempt from minimum off-street parking requirements.

(a)   Purpose: The Urban Residential District (URD) is established to complement existing residential neighborhoods by providing an improved diversity of housing types, scale, affordability, and character in areas where they can best be served by city services and infrastructure and is intended to be located on significant transit corridors and/or in high growth areas. The Urban Residential District is designed to provide new development and redevelopment opportunities that encourage urban scaled residential structures that relate to the street and character of Asheville's urban areas. While housing types that are economically viable and pedestrian oriented will be emphasized, a mix of other compatible activities, especially those that support residential uses within walking distance, will be permitted. It is also intended that this district enhance and maintain the transportation connectivity through the promotion of multi-use greenway paths, sidewalks, and public transit.

(b)   Allowable land uses. All permitted uses, special uses, conditional uses and uses expressly prohibited are identified in subsection 7-8-1(d), Table of Permitted Uses. Standards for special uses and conditional uses can be found in article XVI of this chapter.

(c)   Reserved.

(d)   Reserved.

(e)   Reserved.

(f)   Development standards.

(1)   Density standards. Maximum residential density shall be 35 dwelling units; or 70 dwelling units if 20 percent of the dwelling units are designated affordable. Projects including affordable units must provide a declaration of deed restrictions ensuring that rents or sale prices will remain affordable for the first ten years after completion, increasing by no more than three percent per year, or the annual increase in the Consumer Price index, whichever is lower. Also, such units must be reserved for qualified households in a form satisfactory to the city attorney.

(2)   Building Templates

A).   Mid-Block Parcel: Mixed Use/Single Use Structures

B).   Corner Lot Parcel: Mixed Use/Single Use Structures

C).   Additional Features and Site Additions

(3)   Building size: Building size is limited to a maximum footprint of 10,000 square feet. The maximum total building floor area shall be 30,000 square feet.

(4)   Lot size:

(6)   Height standards: For multifamily development: Minimum 2 stories and maximum 4 stories with a maximum height of 54 feet. For single-family development, the maximum height shall be 40 feet.

(7)   Impervious surface standards. The maximum impervious surface coverage in the Urban Residential District shall be 90 percent. Where feasible, the pervious surface areas should be located at the lower sections of the site to intercept storm water runoff and provide opportunities for ground water recharge.

(8)   Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-3 of this chapter with the exceptions noted below. In the Urban Place District, street trees may be provided in the front building setback or the street right-of-way (with an approved encroachment agreement) as a part of a streetscape plan that may be proposed or in place for the corridor.

(9)   Parking/loading standards. Parking and loading facilities shall be provided as required by section 7-11-2 of this chapter with the following additions:

a.   Parking shall be provided at the side or rear of the structure and not closer to the street than the face or edge of the structure; On corner lots, the side of the building that fronts on the secondary street is also considered a front or face of the building.

b.   Parking may be provided in the street right-of-way adjoining the property as on-street parking with the approval of the city Traffic Engineer or the NC Department of Transportation. This parking may be applied towards the parking requirement when on-street parking is located within 500' of the main entrance except on streets where the primary uses are single-family residential.

c.   Uses in the Urban Place District are permitted up to a 50 percent reduction in the minimum number of parking spaces required by section 7-11-2 of this chapter provided that transit shelters, pedestrian amenities and/or bike racks are provided. Pedestrian amenities may include but are not limited to wide sidewalks, public courtyards, and public park areas.

d.   Shared and remote parking is encouraged and may count for up to 100% of the required parking so long as the parking is within 500 feet of the property. Parcels that are sharing parking areas or providing remote parking shall bring the parking lots into compliance with parking and landscaping requirements found in article 11, at a minimum, the area that is provided as a part of the shared use. Rules requiring that shared and remote parking areas must be found in the same zoning classification are waived in the Urban Residential District. Residentially zoned areas may not be used to provide shared or remote parking for this district except that non-residential uses in residential districts may be used. Parcels will require a recorded agreement for the shared or remote parking arrangement.

e.   Parking structures may be provided as a secondary use in meeting a project's parking requirements; such structures may contain more than the maximum number of spaces required for the associated use(s) if there are shared parking or commercial parking arrangements.

(10)   Sidewalk standards. Sidewalks shall be required for all projects with street frontage in accordance with City standards. In addition, sidewalk connections may be required to ensure and provide a safe passageway for pedestrians and patrons to maneuver through the parking area to the entrance of the businesses. If internal cross-access is provided between businesses and parcels, then sidewalks shall be also provided along accessways as needed to insure pedestrian connectivity.

(11)   Open space standards. Open space shall be provided as required by the requirements found in section 7-11-4 of this chapter with the addition that all uses (projects) exceeding 10,000 square feet of gross floor for commercial projects or 8 residential units are required to comply. Sidewalk spaces featuring public-pedestrian amenities, outside dining facilities, courtyards and pocket parks are supported and shall count towards open space requirements.

(12)   Design and operational standards.

a.   Orientation. The front of the building shall be orientated towards the primary access corridor. Building sides should appear similar to their fronts. On corner lots the building or portions of the building must be located at the street corner respecting setback standards unless prohibitive terrain issues are present.

b.   Entrances. All buildings shall include a well-defined operable entrance at regular intervals not exceeding 45 feet on each primary façade to encourage access by pedestrians. Secondary entrances may face second tier streets, driveways or parking areas. Buildings on corner lots may place the entrance at the corner, eliminating the need for dual entrances.

c.   Façades. When new building façades will be wider than 45 feet, the façade surface shall be subdivided into portions not exceeding this distance by varying setbacks, roof forms, or adding design details such as pilasters or other architectural treatments.

d.   Openings on a façade. The openings on a façade shall remain within a void-to-solid ratio of nor more than 45 percent with each façade measured independently. The void-to-solid ratio of the façade includes windows, balconies, arcades, loggias, and galleries. The void-to-solid calculations shall not be applied to, nor include, non-residential uses located on the first floor.

1.   Windows. When a non-residential use is located on the first floor, storefront windows shall be evenly distributed at pedestrian level across the length of the façade on the first floor of the building. All storefront windows shall be transparent or lightly tinted and shall not appear false or applied. Windows shall make up at least 60 percent of the area of the street facing first story façade. Upper floors shall have windows evenly distributed across the façade that may differ in size and proportion from the street level windows. Upper story windows shall make up at least 25 percent of the wall surface. Under no circumstances shall the upper floor windows be installed flush with the outer surface of the façade. All windows, except storefronts, shall be operable as hung or casement. Window sills should be provided, and lintels may be shown. Windows are also required along the sides of structures that are visible from roadways or have parking located adjacent to them.

2.   Balconies. Balconies shall be used in moderation and shall be integrated into the overall composition of the façade. Balconies shall not be implemented in a monotonous or repetitive configuration. This pertains to both indented balconies (loggias) and to cantilevered ones. Cantilevered balconies shall extend no more than three feet from the building façade and shall be visibly supported by brackets. In the case of balconies that are nearly flush with the façade and associated with inwardly swinging doors (French balconies) there may be as many balconies as there are doors.

3.   Arcades, loggias, and galleries. Arcades, loggias, and galleries shall have columns and piers of a width and depth proportion to the height of the element with a width-to-height ratio of between 1:6 and 1:8 but in no case less than 16 inches wide. Arcades and galleries shall overlap the front sidewalk to within eighteen inches of the curb. The interior passage of the arcades/galleries should be a minimum of 12 feet deep with a min. of 14 feet clear from sidewalk to ceiling.

e.   Rooftop machinery. The location and masking of rooftop machinery shall be as consciously designed as any other aspect of the building. Adequate parapets shall mask any negative impact from street level, as well as horizontally from adjacent buildings.

f.   Signage. See article 13 of this chapter for sign allowance in this district.

g.   Variances. Requests for variances of the design and operational standards set forth in this subsection 12 may be granted by the Asheville Planning and Zoning Commission, which is hereby designated to perform the duties of a board of adjustment for this purpose. Requests for variances shall be submitted to the planning and zoning department and considered by the planning and zoning commission at their next available regularly scheduled meeting.

(13)   Access and connectivity standards. Sites require a network of internal streets and driveways. Shared access and cross-access with adjoining properties instead of access from the corridor is required where practical to improve and sustain the capacity of the corridor, reduce the number of curb cuts, ensure driver and pedestrian safety, improve the unity of the streetscape, and encourage pedestrian mobility. Stub out connections to neighboring parcels may be constructed if cross access is not available at time of permit approval. Block lengths shall not exceed 600 feet unless precluded by topography or existing block patterns.

(14)   Emergency wireless communications. Communication requirements shall be provided as required by section 7-11-9 of this chapter.

(15)   Drive-through facilities. Drive through facilities are prohibited in the district.

(16)   Gasoline sales. Gasoline sales are prohibited in the district.

1.1.   Purpose. The purpose of the Urban Place Form District is to implement transit-supportive land use recommendations as proposed in Living Asheville, the city's comprehensive plan. The Urban Place Form District will align with proposed Urban Centers of the city's Future Land Use Map.

1.2.   Intent. The main intent of the Urban Place Form District is to guide new development towards a more urban form to:

A.   Accommodate a growing population and support new businesses that increase and diversify the local economy;

B.   Mix uses and integrate a wide range of housing options, especially affordable units, closer to jobs;

C.   Improve connectivity with an emphasis on walkability, accessibility and transit supportive connections;

D.   Support a healthy environment for residents, workers and visitors with trees and comfortable open spaces.

1.3.   Applicability.

A.   Application of chapter 7, Development.

1.   All development within the Urban Place Form District shall conform with the requirements of chapter 7. The following requirements of chapter 7 do not apply in the Urban Place Form District, unless expressly stated otherwise:

a.   Section 7-10-2, Required setbacks; allowable encroachments into required setbacks;

b.   Subsection 7-11-2(c), Off-Street Parking Requirements;

c.   Subsection 7-11-2(d), Off-Street Loading Requirements;

d.   Subsection 7-11-2(e)(2), Remote Parking;

e.   Subsection 7-11-3(d)(5), Building Impact Landscaping;

f.   Subsection 7-13-4(a)(8)(a), Temporary Signs.

2.   The use of buildings and land within the Urban Place Form District is subject to all applicable local, state, and federal regulations, whether or not such other provisions are specifically referenced in the Urban Place Form District. References to other regulations or provisions of the Urban Place Form District are for the convenience of the reader. The lack of a cross-reference does not exempt a land, building, structure or use from other regulations.

B.   Conflicting provisions.

1.   Interpretation of conflicts between the Urban Place Form District and any other city ordinance or regulation (including chapter 7) are controlled by the Urban Place Form District.

2.   The graphics, illustrations and photographs used to visually explain certain provisions of the Urban Place Form District are for illustrative purposes only. Where there is a conflict between a graphic, illustration or photograph and the text, the text controls.

1.4.   Transitional provisions.

A.   New development.

1.   Except as provided in section 1.4.C below, upon the effective date of the Urban Place Form District or any subsequent amendment, any new building or other structure or any use of land must be constructed or developed only in accordance with all applicable provisions of the Urban Place Form District.

2.   No excavation or filling of land or construction of any public or private improvements may take place or commence except in conformity with the Urban Place Form District.

B.   Existing development. Any existing use, lot, building or other structure legally established prior to the effective date of the Urban Place Form District that does not comply with any provision of these specific regulations is a legal non-conformity pursuant to article 17.

C.   Previously issued permits and pending applications. Previously issued permits and pending applications will be processed in accordance with and decided pursuant to the law existing on the date the application was filed.

2.1.   General form rules. The following general rules and definitions are applicable to the Urban Place Form District.

A.   Lot.

1.   Defined. A parcel of land either vacant or occupied intended as a unit for the purpose, whether immediate or for the future, of transfer of ownership, or possession, or for development.

2.   Lot area. Lot area is the area included within the rear, side and front lot lines. Lot area does not include existing or proposed right-of-way, whether dedicated or not dedicated to public use.

3.   Lot width. Lot width is the distance between the two side lot lines measured at the primary street property line along a straight line or along the chord of the property line on a curvilinear lot.

B.   Building coverage.

1.   The maximum area of the lot that is permitted to be covered by buildings, including both principal structures, structured parking and roofed accessory structures, including gazebos.

2.   Building coverage does not include paved areas such as driveways, uncovered porches or patios, decks, swimming pools, porte cochere, or roof overhangs of two feet or less. Surface parking is not considered part of building coverage.

C.   Building setbacks.

1.   Generally. There are four types of setbacks - primary street, side street, side interior and rear. Building setbacks apply to both principal and accessory buildings and structures except where explicitly stated otherwise.

2.   Measurement of building setbacks.

a.   The primary street setback is measured at a right angle from the primary street right-of-way line. In cases where sidewalks and street trees are located on private property, as allowed by section 4.2, the building setbacks shall be measured from the back of sidewalk.

b.   On corner lots the side street setback is measured at a right angle from the side street right-of-way line.

c.   The rear setback is measured at a right angle from the rear property line or the rear right-of-way or easement line where there is an alley. The rear property line is the property line opposite to the primary street property line.

d.   All lot lines which are not primary street, side street or rear lot lines are considered side interior lot lines for the purpose of measuring setbacks. Side interior setbacks are measured at a right angle from the side property line.

e.   In cases where a public utility easement (PUE) is on private property the building setbacks may be measured from the easement line or the setback may be reduced to zero feet from the easement line.

3.   Primary street designation.

a.   Where only one street abuts a lot, that street is considered a primary street.

b.   A lot can have more than one primary street.

D.   Parking setbacks.

1.   All parking spaces must be located behind the parking setback line. Underground parking may encroach into a required parking setback but cannot extend into a required easement or the right-of-way.

2.   The parking setback applies to surface parking and to the ground story only of a building.

3.   Parking setbacks are measured from the right-of-way.

E.   Parking location for townhouses/multifamily.

1.   General. Garage doors used for the parking of vehicles must be placed entirely to the rear of the unit and be rear-accessed and must face the rear alley or easement.

2.   Exception. Garage doors may face the street provided the following are met:

a.   Garage doors may constitute no more than 50 percent of the width of the individual townhouse unit.

b.   Combined parking and driveway area cannot be more than 50 percent of the area between the front building facade and the front property line.

c.   Any parking in the front setback must have sufficient depth so that parked cars do not encroach on the adjacent sidewalk. To provide sufficient depth, the garage doors must be set back at least 20 feet from the sidewalk.

d.   Garage doors must be recessed at least one foot behind the front wall plane or a second-story element over the garage doors must be provided that extends at least one foot beyond the front wall plane.

F.   Build-to zone (BTZ).

1.   Defined.

a.   The build-to zone (BTZ) is the area on the lot where a certain percentage of the front of any building facade must be located, measured as a minimum and maximum setback range from the edge of the right-of-way that may be a private or public street. In cases where required streetscape elements are installed on private property the building setbacks shall be measured from the back of the streetscape elements.

b.   The BTZ applies up to the minimum required building height.

2.   Corner lots. On a corner lot, a building facade must be placed within the BTZ for the first 30 feet along the street extending from the block corner, measured from the intersection of the two right-of-way lines.

3.   Through lots. Projects on through lots may select the street to which the BTZ shall be applied.

4.   Uses allowed. With the exception of parking spaces and outdoor storage, all structures and uses (including outdoor dining) allowed on the lot are allowed in the BTZ.

5.   Driveways. In no case will driveway access to a lot be denied because of the build-to requirement.

G.   Nonconforming build-to zone.

1.   Additions. Expansion of an existing building which is unable to meet the build-to requirement, must comply with the following nonconforming provisions:

a.   Front: Addition. Any addition to the front that exceed 50 percent of the existing footprint must be placed in the BTZ; however, the addition does not have to meet the build-to percentage for the lot. A front addition is not allowed on a contributing structure in a National Register Historic District or a structure that is eligible for historic designation (although a variance may be granted where a hardship exists, including but not limited to a conflict with the NC Building Code or specific purposes for the addition that make a front location the most technically, not financially feasible option).

b.   Rear: Addition. Rear additions are allowed because the extension does not increase the degree of the nonconformity.

c.   Side: Addition. Side additions meeting the following conditions are allowed:

i.   The side addition is no greater than 500 square feet in area or 20 percent of the existing building footprint, (whichever is greater) and is less than 50 percent of the existing building width measured along the primary street.

ii.   In the case of a contributing structure in a National Register Historic District (or a structure eligible for designation), the side addition must be placed no closer than five feet from the street-facing facade of the building.

2.   New buildings. Where a new building is being constructed on a lot or site with an existing building on it that doesn't meet the build-to requirement, the following nonconforming provisions apply.

a.   Front: New Building. All new buildings must be placed in the build-to zone until the build-to percentage for the lot has been met.

b.   Rear: New Building. New buildings located outside of the build-to zone are not allowed until the build-to percentage for the lot has been met.

c.   Side: New Building. New buildings located outside of the build-to zone are not allowed until the build-to percentage for the lot has been met.

d.   Accessory Structures: New Structure. New accessory structures must be placed behind or to the side of the principal building. Outdoor dining may be placed at the front of the lot to enhance activity at the sidewalk.

H.   Setback encroachments. All buildings and structures must be located at or behind the required setbacks except as listed below.

1.   Building features.

a.   Arcades, awnings/canopies, balconies, front porches and stoops may encroach into a required primary or side street setback as stated in subsection 2.1.S.

b.   Raised entries may extend into a required primary or side street setback as stated in subsection 2.1.T.

c.   Building eaves, roof overhangs, gutters, downspouts, light shelves, bay windows and oriels less than ten feet wide, cornices, belt courses, sills, buttresses or other similar architectural features may encroach up to three feet into a required setback, provided that such extension is at least two feet from the vertical plane of any lot line.

d.   Chimneys or flues may encroach up to four feet, provided that such extension is at least two feet from the vertical plane of any lot line.

e.   Unenclosed patios, decks, balconies, stoops, porches, terraces or fire escapes may encroach into a side interior or rear setback, provided that such extension is at least six feet from the vertical plane of any lot line and bufferyard requirements, if any, are met.

f.   Handicap ramps may encroach to the extent necessary to perform their proper function.

g.   Structures below and covered by the ground may encroach into a required setback.

2.   Low impact stormwater features.

a.   Low impact stormwater management features may encroach up to two feet into a primary street setback (but not into the required sidewalk), including, but not limited to:

i.   Rain barrels or cisterns, six feet or less in height;

ii.   Planter boxes;

iii.   Bio-retention areas; and

iv.   Similar features, as determined by the city engineer.

b.   Low impact stormwater management features listed above may encroach into a side interior or rear setback, provided such extension is at least two feet from the vertical plane of any lot line.

3.   Mechanical equipment and utility lines.

a.   For residential buildings only, mechanical equipment such as HVAC units and security lighting, may encroach into a required rear or side interior setback, provided that such extension is at least three feet from the vertical plane of any lot line.

b.   Minor structures accessory to utilities (such as hydrants, manholes, and transformers and other cabinet structures) may encroach into a required rear, side interior or side street setback.

4.   Other setback encroachments.

a.   Fences and walls under section 7-10-3.

b.   Property line buffers under section 4.3.

c.   Signs under section 4.4.

I.   Building height.

1.   Building height is regulated in both number of stories and feet and is measured from the average grade to the mean height level between the eaves and ridge of a gable, hip, mansard, or gambrel roof or to the highest point of roof surface of a flat roof, not including a maximum six-foot high parapet wall encroachment. In no case is a parapet allowed to exceed six feet in height above the roof deck.

2.   Average grade is determined by calculating the average of the highest and lowest elevation along natural or improved grade (whichever is more restrictive) along the front of the building parallel to the primary street setback line.

3.   An attic does not count as a story where 50 percent or more of the attic floor area has a clear height of less than seven and one-half feet; measured from the finished floor to the finished ceiling.

4.   A basement with 50 percent or more of its perimeter wall area surrounded by natural grade is not considered a story.

J.   Height encroachments. Any height encroachment not listed below is prohibited.

1.   The maximum height limits of the district do not apply to spires, belfries, cupolas, domes, smoke stacks or other type of structure not intended for human occupancy; monuments, water tanks, beer tanks, water towers or other similar structures which, by design or function, must exceed the established height limits.

2.   The following specified accessory structures, building and site features, and mechanical equipment may exceed the established height limit provided they do not exceed the maximum height by more than six feet:

a.   Chimney, flue or vent stack;