For the purpose of this article, the zoning districts of Buncombe County as delineated on the official zoning map of Buncombe County, adopted by the board of commissioners, shall be divided into the following designated use districts:

(Ord. No. 09-12-01, § 1, 12-1-09; Ord. No. 14-02-02, § 2, 2-4-14; Ord. No. 14-05-02, § 2, 5-13-14; Ord. No. 16-04-13, § 2(Exh. A), 4-5-16)

The boundaries of these districts are hereby established as shown on the Official Zoning Map of Buncombe County, North Carolina.

(Ord. No. 09-12-01, § 1, 12-1-09)

A zoning map entitled the "Official Zoning Map of Buncombe County, North Carolina," clearly setting forth all approved use districts and their respective boundaries, is hereby made a part of this article and shall be maintained in the office of the zoning administrator of the county. This map shall be available for inspection by interested persons during normal business hours of the zoning administrator. It shall be the duty of the zoning administrator to maintain the map and post any changes thereto as they may be made.

(Ord. No. 09-12-01, § 1, 12-1-09)

Where uncertainty exists with respect to the boundaries of any of the districts, as shown on the zoning map, the following shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways, alleys, streams, rivers, other bodies of water, and/or other topographic features, shall be construed to follow such lines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Where district boundaries are so indicated that they are approximately parallel to the centerlines of streets, highways or railroads, or rights-of-way of same, such district boundaries shall be construed as being parallel thereto and at such distance there from as indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of the scale shown on the zoning map.

(4)

Where a district boundary line divides a lot of single ownership, the district requirements for the least restricted portion of such lot shall be deemed to apply to the whole thereof, provided that such extensions shall not include any part of such lot more than 35 feet beyond the district boundary line.

(5)

Where physical features existing on the ground are at variance with those shown on the zoning map or in other circumstances not covered by subsections (1) through (4) of this section, the board of adjustment shall interpret the district boundaries.

(Ord. No. 09-12-01, § 1, 12-1-09)

(a)

Low-Density Residential District (R-LD). The R-LD Low-Density Residential District is primarily intended to provide locations for low-density residential and related-type development in areas where topographic or other constraints preclude intense urban development. These areas are not likely to have public water and sewer services available, and the minimum required lot area will be one acre unless additional land area is required for adequate sewage disposal. These are environmentally sensitive areas that are characterized by one or more of the following conditions: Steep slopes, fragile soils, or flooding.

(b)

Residential District (R-1). The R-1 Residential District is primarily intended to provide locations for single-family and two-family residential development and supporting recreational, community service, and educational uses in areas where public water and sewer services are available or will likely be provided in the future. This district is further intended to protect existing subdivisions from encroachment of incompatible land uses, and this district does not allow manufactured home parks.

(c)

Residential District (R-2). The R-2 Residential District is primarily intended to provide locations for residential development and supporting recreational, community service and educational uses in areas where public water and sewer services are available or will likely be provided in the future. These areas will usually be adjacent to R-1 Residential Districts, will provide suitable areas for residential subdivisions requiring public water and sewer services, and in order to help maintain the present character of R-1 districts, will not allow manufactured home parks.

(d)

Residential District (R-3). The R-3 Residential District is primarily intended to provide locations for a variety of residential development depending upon the availability of public water and sewer services. Some areas within the R-3 Residential District will have no public water and sewer services available and will thus be suitable primarily for single-family residential units on individual lots and mobile homes on individual lots. Other areas within the district will have public water and/or sewer service available and will thus be suitable for higher density uses such as multifamily residential units, planned unit developments, and mobile home parks. The R-3 district also provides for various recreational, community service and educational uses that will complement the residential development.

(e)

Neighborhood Service District (NS). The NS Neighborhood Service District is primarily intended to provide suitable locations for limited, neighborhood-oriented, commercial, business, and service activities in close proximity to major residential neighborhoods. The NS Neighborhood Service District is designed to allow for a mix of residential, commercial, business and service uses in limited areas along major traffic arteries and at key intersections leading to residential neighborhoods in order to provide such service to the residents of that particular neighborhood. As such, the type of uses allowed and the standards established for development in this NS Neighborhood Service District should be compatible with the residential character of the area and should neither add to traffic congestion; nor cause obnoxious noise, dust, odors, fire hazards, or lighting objectionable to surrounding residences; nor should they visually detract from the overall appearance of the neighborhood. The NS Neighborhood Service District should currently have water and sewer services or be expected to have such services in the foreseeable future.

(f)

Commercial Service District (CS). The CS Commercial Service District is primarily intended to provide suitable locations for clustered commercial development to encourage the concentration of commercial activity in those specified areas with access to major traffic arteries, to discourage strip commercial development, and to allow for suitable noncommercial land uses. Such locations should currently have water and sewer services or be expected to have such services available in the future. This CS Commercial Service District may be applied to suitable areas adjacent to existing commercial concentration to allow for their expansion.

(g)

Employment District (EMP). The EMP Employment District is primarily intended to provide appropriately located sites for employment concentrations primarily for office uses, industrial uses, storage and warehousing, and wholesale trade. Such locations should currently have public water and sewer services available or be expected to have these services in the future. Only those manufacturing uses will be allowed which meet all local, state and federal environmental standards, and do not involve obnoxious noise, vibrations, smoke, gas, fumes, odor, dust, fire hazards, or other objectionable conditions which would be detrimental to the health, safety, and general welfare of the community. These areas will also include sites suitable for supportive activities such as community service, commercial service, and residential uses.

(h)

Public service district (PS). The PS Public Service District is intended to be a district that includes, but is not limited to, governmentally owned properties; schools and large college properties; recreation parks and facilities; emergency services; and community clubs. Such uses should currently have public water and sewer services available or have a provision for internal supply of appropriate utilities.

(i)

Conference Center/Resort District (CR). The CR Conference Center/Resort District is intended to be a district that includes, but is not limited to large tourist-related facilities, summer/day camp properties, and conference centers held in single ownership or held collectively by related entities. Facilities within this district may include housing, hotels, retail shops, religious or secular retreats, and associated accessory uses. Such uses should currently have public water and sewer services available or have a provision for internal supply of appropriate utilities.

(j)

Beaverdam Low-Density Residential District (BDM). It is the purpose and intent of the Beaverdam Low-Density Residential District to protect existing and future development in Beaverdam Valley from incompatible uses, and to provide for single- and two-dwelling residential development and agricultural uses.

(k)

Open Use District (OU). The OU Open Use District is established as a district in which all uses are allowed by right, except for certain uses that are regulated as special uses so as to ensure that neighborhood impact is mitigated. Additionally, those uses which are specific to the Airport Industry District (AI) are excluded from the OU Open Use District. The neighborhood impact from special uses will be mitigated through the use of minimum specific site standards combined with general standards which provide the flexibility to impose a higher level of specific site standards dependent upon the degree of neighborhood impact. No zoning permit shall be required for permitted uses in the OU Open Use District.

(l)

Airport Industry District (AI). The AI Airport Industry District is established as a district that includes but is not limited to airport facilities, aviation related uses, and related aerospace uses. The AI Airport Industry District will also support office uses, industrial uses, storage and warehousing, and wholesale trade either directly related to or dependent upon the aviation industry. Such locations should currently have public water and sewer services available or be expected to have these services in the future. The AI Airport Industry District shall exist only in areas below 2,500 feet in elevation.

(Ord. No. 09-12-01, § 1, 12-1-09; Ord. No. 14-02-02, § 2, 2-4-14; Ord. No. 14-05-02, § 2, 5-13-14; Ord. No. 16-04-13, § 2(Exh. A), 4-5-16; Ord. No. 21-05-06, § 1(Exh. A), 5-4-21; Ord. No. 25-08-07 meeting, Att., 7-15-25)

(a)

Permitted use table. Uses are permitted in the various zoning districts pursuant to Table 1.

(b)

Uses governed by other ordinances. The following uses may be allowed but also will be governed by the specified ordinances adopted by the board of commissioners:

(1)

Adult entertainment establishments: Subject to compliance with section 14-121 et seq. of this Code, as may be amended;

(2)

Communication towers: Subject to compliance with chapter 72 of this Code, as may be amended;

(3)

Junkyards: Subject to compliance with chapter 26, article III of this Code, as may be amended;

(4)

Manufactured home parks: Subject to compliance with chapter 46, article III, of this Code, as may be amended;

(5)

Off-premises signs: Subject to compliance with chapter 78, article V, of this Code, as may be amended.

(6)

Subdivisions: Subject to compliance with chapter 70 of this Code, as may be amended.

(Ord. No. 09-12-01, § 1, 12-1-09; Ord. No. 11-04-13, § 1, 4-5-11; Ord. No. 11-04-14, § 1, 4-19-11; Ord. No. 11-10-01, § 1, 10-4-11; Ord. No. 14-01-01, § 2, 1-7-14; Ord. No. 14-02-02, § 2, 2-4-14; Ord. No. 14-05-02, § 2, 5-13-14; Ord. No. 14-08-04, § 2, 8-5-14; Ord. No. 16-04-13, § 2(Exh. A), 4-5-16; Ord. No. 17-01-16, § 2, 1-17-17; Ord. No. 17-06-09, §§ 1, 2, 6-6-17; Ord. No. 17-09-07, §§ 1, 2, 9-5-17; Ord. No. 19-04-07, § 2(Exh. A), 4-2-19; Ord. No. 21-05-06, § 1(Exh. A), 5-4-21; Ord. No. 24-11-07, § 2(Exh. A), 11-19-24; Ord. No. 24-11-08, § 2(Exh. A), 11-19-24; Ord. No. 25-08-07 meeting, Att., 7-15-25)

The dimensional requirements for structures and land in the various zoning districts shall be in accordance with Table 2.

Footnote 1—The minimum land area for lots not served by public water and/or sewer shall be subject to approval by the county health department to ensure the proper operation of septic tanks and wells. In no case shall minimum lot areas be less than those specified in this table.

Footnote 2—The minimum land area shall be calculated based on that portion of the lot which is under control of and deeded to the property owner, exclusive of road rights-of-way.

Footnote 3—All above-ground portions of the structure, including but not limited to decks, stairs, overhangs which extend 24 inches or greater outside of the footprint of the structure, and other attached heated or unheated spaces must meet the dimensional requirements as set forth in this chapter. Any structure abutting two or more highways, roads, or streets shall maintain minimum "front yard" setbacks on any side of the structure which abuts a street, road, or highway in accordance with the provisions of the district in which the property is situated. The location of the primary entrance of the structure, as determined by the zoning administrator, shall be considered the front, and shall also maintain minimum "front yard" setbacks.

Footnote 4—The minimum yard setback requirements for interior lots and minimum lot size requirements for all lots may be reduced and density may be increased from that listed in table 2 above through the approval of an alternative path hillside development subdivision, a conservation development subdivision, or a community oriented development.

Footnote 5—The dimensional requirements for HUD-labeled manufactured homes (not including manufactured homes in manufactured home parks) are further described in section 78-678(b)(5).

Footnote 6—The minimum lot size requirements listed in table 2 above shall not apply to lots created for the provision of infrastructure and/or utilities only; cemetery lots or burial plots; or lots to be permanently dedicated as open space or common area.

(Ord. No. 09-12-01, § 1, 12-1-09; Ord. No. 10-05-09, § 1, 5-18-10; Ord. No. 11-04-15, § 1, 4-19-11; Ord. No. 11-10-06, § 1, 10-18-11; Ord. No. 14-02-02, § 2, 2-4-14; Ord. No. 14-02-14, § 2, 2-18-14; Ord. No. 14-05-02, § 2, 5-13-14; Ord. No. 16-04-13, § 2(Exh. A), 4-5-16; Ord. No. 17-06-09, §§ 1, 2, 6-6-17; Ord. No. 19-04-07, § 2(Exh. A), 4-2-19; Ord. No. 21-05-06, § 1(Exh. A), 5-4-21; Ord. No. 25-08-07 meeting, Att., 7-15-25)

(a)

Purpose. Realizing the importance of the Blue Ridge Parkway to the economy of Asheville, Buncombe County, 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 county, and the region. The standards established in this district will protect the scenic quality of the Blue Ridge Parkway and reduce encroachment on its rural setting.

(b)

Applicability. The provisions set forth in this section for the Blue Ridge Parkway Overlay District shall apply to all properties within 1,320 feet of the centerline of the Blue Ridge Parkway located within Buncombe County's zoning jurisdiction. Both privately and publicly owned property shall be subject to the requirements set forth herein.

(c)

Development standards.

(1)

Setback requirements.

a.

Principal buildings. Principal buildings and structures to be located adjacent to the Blue Ridge Parkway shall have a minimum setback of 50 feet from the boundary of property owned by the United States government and designated as the Blue Ridge Parkway if the buildings and structures are visible from the Blue Ridge Parkway roadway.

b.

Accessory buildings. Accessory buildings and structures to be located adjacent to the Blue Ridge Parkway shall have a minimum setback of 30 feet from the boundary of property owned by the United States Government and designated as the Blue Ridge Parkway if the buildings and structures are visible from the Blue Ridge Parkway roadway.

(2)

Building heights. No building or structure shall be constructed with a height in excess of 40 feet within 1,000 feet of the centerline of the Blue Ridge Parkway, if visible from the centerline of the Blue Ridge Parkway roadway.

(3)

Screening standards. The following screening regulations shall be required within the Blue Ridge Parkway Overlay District for all new structures and any modification to an existing structure exceeding 50 percent of the appraised value of the structure, if the buildings and structures are visible from the Blue Ridge Parkway roadway, as viewed from the closest point on the roadway perpendicular to the proposed structure.

The surfaces of the structure which are visible and oriented to the Blue Ridge Parkway must be screened by one overstory species for each 15 linear feet and one understory species for each ten linear feet of the structure. See section 78-584(c) for allowed overstory and understory species and required size at planting. No single species shall comprise more than 50 percent of the overstory or understory species planted. Overstory species shall be planted no less than 20 feet apart and no more than 40 feet apart. Understory species shall be planted no less than ten feet apart and no more than 25 feet apart. Overstory and understory species shall not be planted in a row, shall not be evenly spaced, and shall be positioned no more than 100 feet from the structure to be screened.

Existing trees within 100 feet of the structure to be screened which are left intact and that appear in good health can be credited toward the screening requirement. Existing overstory species may only receive credit for the overstory requirement and existing understory species may only receive credit for the understory requirement. The following credit system will be observed:

Trees to be credited shall be marked using flagging tape prior to site disturbance in order to ensure their health throughout site development.

(d)

Notice of proposed development. The planning department shall assure that the National Park Service is notified and given an opportunity to make recommendations concerning major subdivisions, rezonings, special uses, and variances proposed within the Blue Ridge Parkway Overlay District.

(Ord. No. 09-12-01, § 1, 12-1-09; Ord. No. 15-09-02, § 2, 9-1-15; Ord. No. 21-05-06, § 1(Exh. A), 5-4-21)

(a)

Purpose. The Steep Slope/High Elevation Overlay District is established in recognition that the development of land in steep, mountainous areas involves special considerations and requires unique development standards. This section is intended to limit the intensity of development, preserve the viewshed and protect the natural resources of Buncombe County's mountains and hillsides at elevations of 2,500 feet above sea level and higher, consistent with the recommendations of the 1998 Buncombe County Land Use Plan.

(b)

Applicability. This section shall apply to the portion of Buncombe County at elevations of 2,500 feet above sea level and higher and having a natural slope of 35 percent or greater as specifically identified and delineated on the zoning map entitled "The Official Zoning Map of Buncombe County, North Carolina."

(c)

Permitted uses. Uses are permitted in the High Elevation/Steep Slope Overlay District pursuant to the following table. All uses not listed are not allowed.

(d)

Special uses. All special uses shall be administered in accordance with division VI of this chapter.

(e)

Special requirements. Uses are permitted in the High Elevation/Steep Slope Overlay District pursuant to section 78-678. All uses not listed are not allowed.

(f)

Development standards.

(1)

Lot size standards. Any new lot created with greater than ten percent of the area in the Steep Slope/High Elevation Overlay District after the effective date of this section shall be a minimum of 1.5 acres. This minimum lot size may be reduced through the approval of an alternative path hillside development subdivision, or a conservation development subdivision.

(2)

Density standards. No more than two dwelling units or two principal buildings or structures per lot of record shall be allowed in the Steep Slope/High Elevation Overlay District.

(3)

Height standards. The maximum building height in the Steep Slope/High Elevation Overlay District shall be 35 feet.

(4)

Disturbed and impervious standards.

a.

The maximum gross site area disturbance allowed in the Steep Slope/High Elevation Overlay District for any single lot, excluding disturbance for installation of individual septic systems, shall be:

• For lots less than 2.0 acres shall be 0.3 acres.

• For lots 2.0 acres and larger shall be 15 percent.

b.

The maximum gross site area impervious surface allowed in the Steep Slope/High Elevation Overlay District for any single lot shall be:

• For lots less than 2.0 acres shall be 0.16 acres.

• For lots 2.0 acres and larger shall be eight percent.

These limits shall apply to individual lot improvements, including drives, utilities, and stormwater controls but shall not apply to installation of individual septic systems. When communal infrastructure including, but not limited to, roadways, shared drives, public utilities, public facilities and stormwater controls, is installed in accordance with an approved minor or major subdivision plan, the disturbed and impervious area shall be regulated by the land development and subdivision ordinance and not by this article. When communal infrastructure is installed to serve lots in a division of land which is exempt from the definition of a subdivision pursuant to section 70-5 of the land development and subdivision ordinance and results in more than three lots, the maximum area of the total tract to be developed for the purposes of communal infrastructure installation shall be 15 percent disturbed area and ten percent impervious area.

Expansions to structures existing at the time this article was adopted must meet the gross site area disturbed and impervious limitations, however the disturbed and impervious area of the existing development is not required to be included in the disturbed and impervious area calculations.

(5)

Screening standards. The following screening regulations shall be required within the Steep Slope/High Elevation Overlay District for all new structures and any modification to an existing structure exceeding 50 percent of the appraised value of the structure.

The surfaces of the structure which are oriented to the downhill sections of the lot or the downhill sections of the adjacent topography (downhill sections are defined as areas of the property which drop 25 feet or more in elevation within 100 feet of the structure) must be screened at a ratio of one tree of 1.5-inch diameter measured six inches above the root ball for every 200 square feet of planar surface. Planar surface is defined as the combined exterior surface area of all vertical surfaces within a single face of the structure. Trees planted to achieve the required ratio must be planted no greater than 50 feet from the furthest extending portion of the structure (measured perpendicularly). Trees must be of varying, native species, as defined by the Natural Resource Conservation Service of the United States Department of Agriculture, and no single species shall comprise more than 50 percent of the trees planted. Trees shall be spaced no less than ten feet but no greater than 30 feet apart.

Existing trees within the area of allowed disturbance which are left intact and that appear in good health can be credited toward the required ratio. The following credit system will be observed:

Trees to be credited shall be marked using flagging tape prior to site disturbance in order to ensure their health throughout site development.

(g)

Engineering standards for certain slopes. Consultation with a geotechnical engineer shall be required for development in areas of a tract within the Steep Slope/High Elevation Overlay District in excess of 35 percent natural slope and for all areas designated as high hazard or moderate hazard on the Buncombe County Slope Stability Index Map prepared by the North Carolina Geological Survey, and an investigation for colluvial deposits shall be made. Recommendations of the geotechnical engineer shall be submitted with the application for review. Prior to final approval, a report by the geotechnical engineer shall be required certifying that recommendations were followed during construction.

Global stability analysis shall be performed for building sites on a 35 percent or greater slope or in an area designated as high hazard or moderate hazard on the Buncombe County Slope Stability Index Map prepared by the North Carolina Geological Survey.

(Ord. No. 10-10-07, § 1(d), 10-5-10; Ord. No. 11-04-13, § 1, 4-5-11; Ord. No. 11-10-01, § 1, 10-4-11; Ord. No. 14-01-01, § 2, 1-7-14; Ord. No. 14-02-02, § 2, 2-4-14; Ord. No. 14-05-02, § 2, 5-13-14; Ord. No. 16-04-13, § 2(Exh. A), 4-5-16; Ord. No. 17-06-09, §§ 1, 2, 6-6-17; Ord. No. 19-04-07, § 2(Exh. A), 4-2-19; Ord. No. 21-05-06, § 1(Exh. A), 5-4-21; Ord. No. 24-11-08, § 2(Exh. A), 11-19-24)

Editor's note— Section 1(d) of Ord. No. 10-10-07, adopted Oct. 5, 2010, repealed the former § 78-645, and enacted a new § 78-645 as set out herein. The former § 78-645 pertained to multifamily dwelling overlay district, and derived from Ord. No. 09-12-01, adopted Dec. 1, 2009.
 Subsequently, Ord. No. 14-02-02, § 2, adopted Feb. 4, 2014, repealed the former § 78-644 which pertained to Biltmore Estate Property Overlay District, and derived from Ord. No. 09-12-01, § 1, adopted Dec. 1, 2009. Said Ord. No. 14-02-02, amended and renumbered former § 78-645 as § 78-644.

(a)

Purpose. The Protected Ridge Overlay District is established in recognition that the development of land in steep, mountainous areas involves special considerations and requires unique development standards. This section is intended to limit the density of development, preserve the viewshed and protect the natural resources of Buncombe County's protected mountain ridges, consistent with the recommendations of the 1998 Buncombe County Land Use Plan and supplemental to the provisions of the Mountain Ridge Protection Act of 1983. Further, in accordance with G.S. 160D-703, this Protected Ridge Overlay District provides for additional requirements on properties within one or more underlying general districts related to the erection, construction, reconstruction, alteration, repair, or use of buildings, or structures within the Protected Ridge Overlay District in addition to the general underlying zoning regulations including, but not limited to, height, number of stories and size of buildings and other structures.

(b)

Applicability. This section shall apply to all Buncombe County mountain "ridges" whose elevation is at least 3,000 feet and whose elevation is 500 or more feet above the elevation of an adjacent valley floor and including 500 foot buffers, measured horizontally from the center line of the ridge as specifically identified and delineated on the zoning map entitled "The Official Zoning Map of Buncombe County, North Carolina."

(c)

Permitted uses. Uses are permitted in the Protected Ridge Overlay District pursuant to the following table. All uses not listed are not allowed.

(d)

Special uses. All special uses shall be administered in accordance with article VI of this chapter.

(e)

Special requirements. Uses are permitted in the Protected Ridge Overlay District pursuant to section 78-678. All uses not listed are not allowed.

(f)

Development standards.

(1)

Lot size standards. Any new lot created with greater than ten percent of the area in the Protected Ridge Overlay District after the effective date of this section shall be a minimum of two acres.

(2)

Density standards. No more than two dwelling units or two principal buildings or structures shall be allowed on a single lot of record in the Protected Ridge Overlay District.

(3)

Height standards. The maximum building height in the Protected Ridge Overlay District shall be 25 feet when the structure is 50 or fewer vertical feet from the crest of the ridge. The maximum building height in the Protected Ridge Overlay District shall be 35 feet when the structure is more than 50 vertical feet from the crest of the ridge. The vertical distance between the structure and the crest shall be the difference between the elevation (above sea level) of the highest ground level at the structure foundation and the lowest elevation of the crest of the ridge.

(4)

Building width standards. Building width in the Protected Ridge Overlay District shall not exceed 30 percent of the lot width as measured at the face(s) of the building oriented to the downhill section of the lot or adjacent topography.

(5)

Lot width standards. Minimum lot width in the Protected Ridge Overlay District, as measured parallel to the crest of the ridge, shall be 200 feet.

(6)

Disturbed and impervious standards.

a.

The maximum gross site area disturbance allowed in the Protected Ridge Overlay District for any single lot, excluding disturbance for installation of individual septic systems, shall be:

• For lots less than 2.0 acres shall be 0.3 acres.

• For lots 2.0 acres and larger shall be 15 percent.

b.

The maximum gross site area impervious surface allowed in the Protected Ridge Overlay District for any single lot shall be:

• For lots less than 2.0 acres shall be 0.16 acres.

• For lots 2.0 acres and larger shall be eight percent.

These limits shall apply to individual lot improvements, including drives, utilities, and stormwater controls but shall not apply to installation of individual septic systems. When communal infrastructure including, but not limited to, roadways, shared drives, public utilities, public facilities and stormwater controls, is installed in accordance with an approved minor or major subdivision plan, the disturbed and impervious area shall be regulated by the land development and subdivision ordinance and not by this article. When communal infrastructure is installed to serve lots in a division of land which is exempt from the definition of a subdivision pursuant to section 70-5 of the land development and subdivision ordinance and results in more than three lots, the maximum area of the total tract to be developed for the purposes of communal infrastructure installation shall be 15 percent disturbed area and ten percent impervious area.

Expansions to structures existing at the time this article was adopted must meet the gross site area disturbed and impervious limitations, however the disturbed and impervious area of the existing development is not required to be included in the disturbed and impervious area calculations.

(7)

Screening standards. The following screening regulations shall be required within the Protected Ridge Overlay District for all new structures and any modification to an existing structure exceeding 50 percent of the appraised value of the structure.

The surfaces of the structure which are oriented to the downhill sections of the lot or the downhill sections of the adjacent topography (downhill sections are defined as areas of the property which drop 25 feet or more in elevation within 100 feet of the structure) must be screened at a ratio of one tree of 1.5-inch diameter measured six inches above the root ball for every 200 square feet of planar surface. Planar surface is defined as the combined exterior surface area of all vertical surfaces within a single face of the structure. Trees planted to achieve the required ratio must be planted no greater than 50 feet from the furthest extending portion of the structure (measured perpendicularly). Trees must be of varying, native species, as defined by the Natural Resource Conservation Service of the United States Department of Agriculture, and no single species shall comprise more than 50 percent of the trees planted. Trees shall be spaced no less than ten feet but no greater than 30 feet apart.

Existing trees within the area of allowed disturbance which are left intact and that appear in good health can be credited toward the required ratio. The following credit system will be observed:

Trees to be credited shall be marked using flagging tape prior to site disturbance in order to ensure their health throughout site development.

(g)

Engineering standards for certain slopes. Consultation with a geotechnical engineer shall be required for development in areas of a tract within the Protected Ridge Overlay District in excess of 35 percent natural slope and for all areas designated as high hazard or moderate hazard on the Buncombe County Slope Stability Index Map prepared by the North Carolina Geological Survey, and an investigation for colluvial deposits shall be made. Recommendations of the geotechnical engineer shall be submitted with the application for review. Prior to final approval, a report by the geotechnical engineer shall be required certifying that recommendations were followed during construction.

Global stability analysis shall be performed for building sites on a 35-percent or greater slope or in an area designated as high hazard or moderate hazard on the Buncombe County Slope Stability Index Map prepared by the North Carolina Geological Survey.

(Ord. No. 10-10-07, § 1(e), 10-5-10; Ord. No. 11-04-13, § 1, 4-5-11; Ord. No. 11-10-01, § 1, 10-4-11; Ord. No. 14-01-01, § 2, 1-7-14; Ord. No. 14-02-02, § 2, 2-4-14; Ord. No. 16-04-13, § 2(Exh. A), 4-5-16; Ord. No. 17-10-12, § 2, 10-17-17; Ord. No. 19-04-07, § 2(Exh. A), 4-2-19; Ord. No. 21-05-06, § 1(Exh. A), 5-4-21; Ord. No. 24-11-08, § 2(Exh. A), 11-19-24)

Editor's note— Ord. No. 14-02-02, § 2, adopted Feb. 4, 2014, amended and renumbered former § 78-646 as § 78-645.

(a)

Purpose. The purpose of this section is to facilitate the creation of affordable and workforce housing and to afford substantial advantages for greater flexibility and improved marketability through the benefits of efficiency which permit flexibility in building siting and mixtures of housing types. Residential densities are calculated on a project basis, thus allowing the clustering of buildings in order to create useful open spaces and preserve natural site features.

(b)

Applicability. Developments considered under this section must:

(1)

Successfully demonstrate that a minimum of ten percent of the proposed units will be made available at affordable rates or that a minimum of 20 percent of the proposed units will be made available at workforce rates. No variance(s) from this requirement may be requested or obtained under section 78-621(4) or section 78-623;

(2)

Be served by public water and sewerage systems;

(3)

Contain a development entrance which intersects a paved road, and the site of said intersection is located no more than 2,640 drivable feet, as measured along the road centerline, from an intersection with a transportation corridor. A transportation corridor, for the purposes of this section, is a publicly-maintained road which is designated as an interstate, arterial, or collector by NCDOT. The length of interstate on-ramps does not count towards the maximum drivable distance. The Blue Ridge Parkway shall not be considered a transportation corridor.

(c)

Development standards.

(1)

Density requirements. There are no density requirements for nonresidential uses as long as the proposed project does not violate the intent of the district in which it is located. Density may exceed that permitted in the district in which the development is located (as shown in section 78-642) by the provision of sustainable development elements and/or the provision of community amenities. If the community oriented development lies in more than one district, the number of allowable dwelling units must be separately calculated for each portion of the community oriented development that is in a separate district, and must then be combined to determine the number of dwelling units allowable in the entire community oriented development. Density may be increased up to 250 percent of that allowed in section 78-642, according to the following table in section 78-650(c)(1)a. No variance(s) may be requested or obtained under section 78-621(4) or section 78-623 in order to increase density within a community oriented development other than through strict adherence to the requirements set forth in this subsection and the community oriented development density table.

a.

Community oriented development density table. Density may be increased up to 250 percent of that allowed in section 78-642, according to the following table. In order to obtain any bonus in density, points must be obtained from at least two of the three principal categories within the table (Community, Environment/Transit, Economy); additional points may be obtained through providing added amenities. Project density will be calculated as follows: the number of points earned will be converted to a percentage which will be the density bonus multiplier. For example, an application that earns 159 points will result in a density bonus multiplier of 159 percent and the density earned will be 159 percent of that allowed in section 78-642. In the case of a fractional unit, a fraction of one-half or more will be considered a whole unit and a fraction of less than one-half will be disregarded.

(2)

Affordability of units. Applicants must demonstrate that the proposed units will be maintained at a rate which aligns economically with affordable or workforce housing. In order to qualify as a community oriented development at least ten percent of the units provided must be considered affordable housing or at least 20 percent of the units provided must be considered workforce housing. For the purposes of this section, affordable housing will be targeted to individuals at 0 percent to ≤ 80 percent of area median income and workforce housing will be targeted to individuals at >80 percent to 120 percent of area median income. The mechanisms used to guarantee affordability and/or workforce housing rates must remain in place for a minimum of 15 years following the issuance of a building certificate of occupancy and must be approved under guidelines of the affordable housing services program and the Buncombe County Legal Department. No variance(s) from this requirement may be requested or obtained under section 78-621(4) or section 78-623.

(3)

Continuity of units. Applicants must demonstrate that the proposed affordable/workforce units will be distributed throughout the development and similar in design characteristics including façade and building materials to any proposed market rate units. Architectural renderings shall be submitted as part of the application.

(4)

Development schedule. A development schedule is required indicating approximate beginning and completion dates of the project, including the schedule for the market rate and affordable/workforce units and any proposed phases. When work within an approved community oriented development is not begun within two years following the date of approval, the approval shall be deemed expired.

(5)

Connectivity. Community oriented developments should encourage connectivity with the surrounding area. These developments may not be gated or enclosed in a manner which physically restricts access to non-residents. This provision is to be clearly stipulated in perpetuity in the recorded covenants or deed restrictions; these restrictions must be recorded prior to any subdivision of land associated with the development and/or the issuance of permits for the construction of residential units.

(6)

Recordation of approved plan and restrictive covenants. Prior to the subdivision of land associated with the development or the issuance of permits for the construction of residential units, a comprehensive site plan and deed restrictions must be approved by the planning department and subsequently placed on file with the Buncombe County Register of Deeds.

a.

The comprehensive site plan shall indicate the following items, and any other items deemed necessary to provide for items utilized to obtain bonuses in density in section 78-650(c)(1) above:

1.

Building and grading envelopes to include but not be limited to all structures, location of the affordable/workforce units, disturbed and impervious areas, planned community infrastructure, and recreational buildings and areas, etc.

2.

Any easement areas to be conserved, connected with greenways, or used as provision for safe routes to schools.

3.

Any easement areas required to indicate the preservation of active farmland through active farming or community garden space.

4.

Any areas to be permanently dedicated as community facilities (playgrounds, clubhouses, pools, etc.).

5.

The approved buffering/landscaping plan.

6.

Delineation of floodplain areas to remain undeveloped.

7.

Delineation of steep slope areas (areas of 25 percent slope or greater) through a slope analysis generated using field-verified topographic data.

8.

A table listing the point totals for each element of the plan as approved, and where applicable, providing a legend or key to those items on the plan as labeled or identified.

b.

The deed restrictions shall include provisions for the following items, in perpetuity or in the approved duration:

1.

The mechanisms used to guarantee affordability and/or workforce housing rates as per section 78-650(c)(2).

2.

Prohibition of gates or other exclusionary devices or structures.

3.

Language dedicating areas in perpetuity for community space, greenways, preservation, conservation, or protection, referencing the recorded site plan.

4.

Language providing for maintenance of all items provided for in order to obtain points within [section] 78-650(c)(1) community oriented development density table including, but not limited to, communal infrastructure, designated community space, stormwater management devices, rainwater collection/greywater harvesting, alternative energy sources, and buffering or landscaping.

(7)

Financial guarantee of improvements. Where the following items are to be provided and are utilized to gain bonuses in density pursuant to section 78-650(c)(1), prior to the subdivision of land associated with the development or the issuance of permits for the construction of residential units, a financial guarantee shall be placed on file with the county guaranteeing:

a.

The complete construction of the affordable or workforce housing units;

b.

The provision of community building(s) or facilities;

c.

The provision of sidewalks, greenways, or other forms of passive recreation;

d.

The provision of street trees;

e.

The installation and completion of water, sewerage and roads, when not guaranteed separately under the land development and subdivision ordinance, to serve said units.

Acceptance of the guarantee is subject to the owner/developer certifying that the installation of all required improvements will occur within a specified time as set forth in the development schedule. The construction elements, cost, and anticipated construction schedule for the work must be itemized and certified by a licensed professional and submitted to the planning department for approval, with a signed and notarized statement from the owner/developer indicating their intention to adhere to the schedule provided. The guarantee of improvements shall be secured in one of the following forms acceptable to the planning department:

a.

A surety performance bond made by a surety bonding company licensed and authorized to do business in North Carolina.

b.

A bond of the owner/developer with an assignment to the county of a certificate of deposit with an institution licensed and authorized to do business in North Carolina as security for the bond.

c.

A bond of the owner/developer by an official bank check drawn in favor of the county and deposited with the county.

d.

Cash or an irrevocable letter of credit from an institution licensed and authorized to do business in North Carolina deposited with the county.

Such guarantee shall be in the amount equal to 150 percent of the identified cost of the planned improvements and the continuing maintenance of those improvements until the completion date as stipulated within the development schedule as estimated by the licensed professional retained by the owner/developer. The guarantee shall remain in full force and effect until all obligations have been faithfully performed.

If the cost estimate for improvements and maintenance or the schedule for installation is deemed inadequate by the planning department, the planning department reserves the right to require an independent construction appraisal, at the owner/developer's expense, as a condition of final plat approval or prior to the issuance of permits for the residential units.

All guarantees of improvements shall contractually stipulate an expiration date that is at least 180 days past the stipulated completion date as stated in the approved development schedule. The owner/developer must submit a signed and sealed statement by a registered land surveyor or civil engineer licensed in North Carolina certifying that all work has been completed to the standards of this article before the planning department will determine satisfactory completion of all guaranteed work. Work not completed within 90 consecutive days following the stipulated completion date as stated in the development schedule will be considered in default. The planning department will proceed immediately with a claim against the guarantee of improvements for all work in default.

If a request to extend the completion date stipulated within the approved development schedule is made, the zoning administrator may grant such a request provided that a revised development schedule is provided concurrently with the request and deemed acceptable by the department. Such a request must be made at least 90 days prior to the expiration of the financial guarantee. If the request for an extension is granted, the financial guarantee must be immediately amended to incorporate the revised development schedule and expiration date (if applicable).

(Ord. No. 16-04-13, § 2(Exh. A), 4-5-16; Ord. No. 17-10-12, § 2, 10-17-17; Ord. No. 21-05-06, § 1(Exh. A), 5-4-21)