The provisions set forth in this division are not applicable to permitted uses in the Open Use District with the exception of section 78-657, nonconforming uses; section 78-664, travel trailers and recreational vehicles; and section 78-668, lighting standards, which shall be applicable in the Open Use District.

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

Any parcel of land, use of land, building or structure existing at the time of the adoption of the ordinance from which this article is derived, or any amendment thereto, that does not conform to the use or dimension requirements of the district in which it is located may be continued and maintained subject to the provisions in this section.

(1)

Nonconforming vacant lots. This category of nonconformance consists of vacant lots for which plats or deeds have been recorded in the Buncombe County Register of Deeds Office, which at the time of the adoption of this article fails to comply with the minimum area requirements of the districts, including overlay districts, in which they are located. Any use allowed in the affected district may be erected, improved, or expanded on any single lot of record existing at the time of the adoption of the ordinance from which this article is derived. All current dimensional requirements as set forth in division 4 of this article or as amended must be met to build any new use. This provision shall apply even though such lot fails to meet the requirements for lot area that are generally applicable in the district, provided that all dimensional requirements other than those applying to the area of the lot shall conform to the regulations for the district in which such lot is located. Variance of dimensional requirements shall be obtained only through action of the board of adjustment.

(2)

Nonconforming lots of record. If two or more lots or combinations of lots, or portions of lots, contiguous and in single ownership, are of record at the time of the adoption of the ordinance from which this article is derived, no portion of such parcel shall be subdivided, re-subdivided, used, or sold in a manner which diminishes compliance with lot area requirements established by this article.

(3)

Nonconforming occupied lots. This category of nonconformance consists of lots occupied by buildings or structures at the time of the adoption of the ordinance from which this article is derived that fail to comply with the minimum requirements for area, yard, and setbacks for the district in which they are located. These lots may continue to be used.

(4)

Nonconforming open uses of land. This category of nonconformance consists of lots used for storage yards, used car lots, auto wrecking, junkyards, and similar open spaces where the only buildings on the lot are incidental and accessory to the open use of the lot and where such use of the land is not permitted to be established hereafter, under this article, in the district in which it is located. A legally established nonconforming open use of land may be continued except as follows:

a.

When a nonconforming open use of land has been changed to a conforming use, it shall not thereafter revert to any nonconforming use.

b.

Nonconforming open use of land shall be changed only to conforming uses.

c.

A nonconforming open use of land shall not be enlarged to cover more land than was occupied by that use when it became nonconforming.

d.

When any nonconforming open use of land is discontinued for a period in excess of 180 days, any future use of the land shall be limited to those uses permitted in the district in which the land is located. Vacancy and/or nonuse of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this section.

(5)

Nonconforming uses or structures. This category of nonconformance consists of buildings or structures used at the time of adoption of the ordinance from which this article is derived for purposes of use not permitted in the district in which they are located. Such uses may be continued as follows:

a.

An existing nonconforming use may be changed to another nonconforming use of the same or higher classification, provided that the other conditions in this section are complied with. For the purpose of this article, the rank order of uses from higher to lower shall be:

1.

Residential;

2.

Public;

3.

Commercial; and

4.

Industrial.

b.

When a nonconforming use has been changed to a conforming use, it shall not thereafter be used for any nonconforming use.

c.

A nonconforming use may not be extended or enlarged, nor shall a nonconforming structure be altered except as follows:

1.

Structural alterations as required by law or ordinance to secure the safety of the structure are permissible.

2.

Maintenance and repair necessary to keep a nonconforming structure in sound condition are permissible.

3.

Expansion of a nonconforming use of a building or structure into portions of the structure which, at the time the use became nonconforming, were already erected and arranged or designed for such nonconforming use is permissible.

4.

Alterations or expansions of an existing structure designed to improve the safety, function, or the appearance of the structure are permissible. The square footage of any expansion shall be no greater than the square footage of the existing structure.

d.

When any nonconforming use of a building or structure is discontinued for a period in excess of one year, and there are no substantial good faith efforts to re-establish the use during this period, the building or structure shall not thereafter be used except in conformance with the regulations of the district in which it is located. Obtaining permits to maintain the existing use or significant continuous efforts to market the property for sale or lease for the existing use (e.g., MLS listing, realtor contract, etc.) shall be regarded as substantial good faith efforts. A nonconforming use shall be deemed discontinued after a period of two years regardless of any substantial good faith efforts to re-establish the use and thereafter, the building or structure shall be used only for a conforming use.

(6)

Reconstruction of damaged buildings or structures. Any nonconforming use, which has been damaged by fire, wind, flood, or other causes, may be repaired and used as before, provided:

a.

Repairs are initiated within 12 months and completed within two years of such damage.

b.

The total amount of space devoted to a nonconforming use may not be increased.

c.

Reconstructed buildings may not be more nonconforming with respect to dimensional restrictions.

d.

The use to which the building is put after repair does not result in a change from one nonconforming use to another nonconforming use.

(7)

Continuation of mobile home parks. Mobile home parks that become nonconforming uses shall be permitted to continue operation, and existing spaces within the mobile home park may continue to be occupied by mobile homes even after a space has been vacated. However, these mobile home parks shall not be expanded or increased in size, and no additional spaces designed for occupancy by a mobile home shall be added to the site after the adoption of the ordinance from which this article is derived. A mobile home park that is discontinued for 180 days shall not be reestablished.

(Ord. No. 09-12-01, § 1, 12-1-09; Ord. No. 10-10-07, § 1(c), 10-5-10; Ord. No. 16-04-13, § 2(Exh. A), 4-5-16)

(a)

Purpose. Off-street automobile storage or parking space shall be provided on every lot on which any of the following uses are hereafter established. The number of parking spaces provided shall be at least as great as the number specified in this section for various uses. When application of such provision results in a fractional space requirement, the next larger requirement shall prevail. Each lot abutting a major thoroughfare, as determined by the zoning administrator, shall be provided with vehicular access thereto and shall be provided with adequate space for turning so that no vehicle shall be required to back into the street. A parking space shall consist of an improved hard-surfaced or crushed stone area not less than nine feet by 18 feet plus the necessary access space, unless otherwise authorized by the board of adjustment or zoning administrator. Such parking shall be provided within the setback lines set forth in this article. The zoning administrator may, however, reduce such setbacks for parking purposes, provided that natural vegetation, landscaping, or a buffer strip is provided as a buffer to surrounding uses.

(b)

Minimum parking requirements. The required number of off-street parking spaces for each use shall be provided as specified in table 3. For uses not covered in this table, the Zoning Administrator shall select the appropriate number of minimum parking spaces based on the American Planning Association Planning Advisory Service Report Number 432 (Off-Street Parking Requirements).

(c)

Location of other property. If the required automobile parking spaces cannot reasonably be provided on the same lot on which the principal use is conducted, such spaces may be provided on other off-street property, provided that such property lies within 400 feet of an entrance to such principal use. Such automobile parking shall be associated with the principal use and shall not thereafter be reduced or encroached upon in any manner.

(d)

Shared parking. The zoning administrator may approve the joint use of up to 100 percent of the required parking spaces for two or more uses located on the same parcel or adjacent parcels, provided that the developer can demonstrate that the uses will not overlap in hours of operation or in demand for the shared spaces.

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

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

(e)

Extension of parking lot into a residential district. Required parking may extend up to 120 feet into a residential zoning district, provided that:

(1)

The parking area adjoins a NS, CS, or EMP district;

(2)

It has its only access to or fronts upon the same street as the property in a NS, CS, or EMP district for which it provides the required parking; and

(3)

Is separated from abutting properties in the residential district by a buffer strip.

(Ord. No. 09-12-01, § 1, 12-1-09; Ord. No. 18-05-06, § 2, 5-1-18)

Every lot on which a business, trade or industry use is hereafter established shall provide space as indicated in this section for the loading and unloading of vehicles off the street. Such space shall have access to a street or alley. For the purpose of this section, an off-street loading space shall have minimum dimensions of 12 feet by 40 feet and an overhead clearance of 14 feet in height above the alley or street grade. Spaces shall be provided as follows:

(1)

Retail business: One space for each 10,000 square feet of gross floor area.

(2)

Wholesale and industry: One space for each 25,000 square feet of gross floor area.

(3)

Truck terminals: Sufficient space to accommodate the maximum number of trucks to be stored or to be loading or unloading at the terminal at any one time.

(Ord. No. 09-12-01, § 1, 12-1-09)

No part of a yard or open space, or loading space required in this section or required in connection with any building for the purpose of complying with this article, shall be included as part of a yard, open space or loading space similarly required for any other building.

(Ord. No. 09-12-01, § 1, 12-1-09)

Driveway standards shall be met when designing vehicular access points from public streets to individual properties, excluding single and two-family residential. All sight distances at intersections and all vehicular entrances on to state-maintained roads from nonresidential uses must meet the standards for secondary roads established by the N.C. Department of Transportation and must be approved by such department prior to receiving a zoning permit. On corner lots, no planting, structure, sign, fence, wall or other obstruction shall be erected so as to interfere with the sight distance. Unless the access point will be shared between two or more adjoining properties, all access points shall be located at least five feet from all property lines perpendicular to the street.

(Ord. No. 09-12-01, § 1, 12-1-09)

In no case, shall there be more than four principal buildings, in addition to any customary accessory buildings on a single lot, except in the case of a designated planned unit development, manufactured home park, place of worship, or community oriented development.

(Ord. No. 09-12-01, § 1, 12-1-09; Ord. No. 10-05-09, § 1, 5-18-10; Ord. No. 16-04-13, § 2(Exh. A), 4-5-16; Ord. No. 17-01-16, § 2, 1-17-17; Ord. No. 21-05-06, § 1(Exh. A), 5-4-21)

(a)

Accessory uses or structures shall not involve any use or structure otherwise prohibited by this division or requiring a special use permit. Accessory uses or structures with a building footprint of no more than 320 square feet and a height of no more than 15 feet shall meet the following standards:

(1)

Front yard: Set forth per relevant zoning district under section 78-642;

(2)

Side yard setback: Seven feet; and

(3)

Rear yard setback: Seven feet.

(b)

Accessory uses or structures with a building footprint of greater than 320 square feet or a height of more than 15 feet shall meet the following standards:

(1)

Front yard, set forth per relevant zoning district under section 78-642;

(2)

Side yard setback, no public sewer: Ten feet;

(3)

Side yard setback, public sewer: Seven feet; and

(4)

Rear yard setback: Ten feet.

The front yard setback requirements of this section shall not apply to accessory structures on lots where the existing primary structure is a legal nonconformance with respect to the front setbacks set forth under section 78-642. In such cases, the setback shall be that of the aforementioned existing buildings.

(Ord. No. 09-12-01, § 1, 12-1-09; Ord. No. 10-05-09, § 1, 5-18-10; Ord. No. 14-02-15, § 2, 2-18-14; Ord. No. 21-05-06, § 1(Exh. A), 5-4-21)

Travel trailers and/or recreational vehicles may be used as a temporary single-family dwelling for no more than 180 days out of the calendar year only in those districts that permit travel trailers or travel trailer parks. In no case shall a travel trailer or recreational vehicle be permanently set up or affixed to the ground or site, nor shall it be used as a permanent single-family dwelling. When utilized as a temporary single-family dwelling, a travel trailer may not be located within a single travel trailer park for more than 180 days out of the calendar year. If a travel trailer is disconnected from all utilities, is tagged and road-ready, and is not utilized as a temporary dwelling unit on site, it will be considered a parked vehicle for the purposes of this ordinance [from which this section derives].

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

Standards pertaining to home occupations are contained within the definition of a home occupation as found in section 78-581.

(Ord. No. 09-12-01, § 1, 12-1-09)

Vacant lots and open spaces located adjacent to major thoroughfares shall be maintained. Vegetation shall be neatly trimmed, and the accumulation of unsightly debris shall be prohibited.

(Ord. No. 09-12-01, § 1, 12-1-09)

(a)

Buffer strip. A buffer strip shall be established along the side and rear lot lines of any nonresidential use adjoining a residential use. Said buffer shall not extend beyond the established setback line along any street. Said buffer strip shall not be less than 20 feet in width for uses where the lot with the nonresidential use is one acre or greater. In cases where the nonresidential lot requiring the buffering is less than one acre, the buffer strip shall be at least 15 feet wide.

(b)

Methods of buffering. The required buffers shall be placed according to one or a combination of the following methods, as approved by the board of adjustment or zoning administrator as fitting for the use and surrounding areas:

(1)

At least two rows of evergreen trees, which shall be approved as to type by the board of adjustment, which at the time of planting shall be at least five feet in height, and which at maturity shall be at least ten feet in height. In each row the trees shall be spaced no more than eight feet apart (from base of tree to base of tree) at time of planting, with trees in adjacent rows offset (staggered) four feet. The rows shall be no more than eight feet apart in a 20-foot buffer strip and seven feet apart in a 15-foot buffer strip and centered within the buffer strip.

(2)

A solid visual barrier fence eight feet in height may be accepted as an alternative buffer by the board of adjustment or zoning administrator.

(3)

Earth mounding may be used in conjunction with planting or fencing to satisfy height requirements, but slopes shall not exceed one foot in height to two feet horizontal.

In the event that the height requirements provided herein do not provide a visual screen from the adjoining property, the board of adjustment or zoning administrator may require additional earth mounding, or other type of buffering, to attain the desired screening effect.

This buffering requirement may be modified by the zoning administrator where adequate buffering exists in the form of natural vegetation and/or terrain.

(c)

Maintenance of buffering. The owner of the property on which the buffer is located shall be responsible for the maintenance of said buffering. Trees shall be carefully planted and maintained and evergreen trees shall be maintained so that dense branching begins at ground level and continues to the top of the plant. Unhealthy or dead plants shall be promptly removed and replaced within one planting season. Each fence required by this section or by the board of adjustment shall be maintained in good repair, including periodic painting or refinishing where required. Failure to maintain any required vegetation, earth mounding, and fences in good condition shall constitute a violation of this section.

(d)

Parking lot landscaping. Parking lots of 5,000 or more square feet in area shall have landscaped areas. The landscape area(s) shall be at least ten percent of the area of the parking lot. No individual landscaped area planted with a tree shall contain less than 100 square feet. All trees planted to conform to these landscape requirements shall be appropriately spaced to permit normal growth.

(Ord. No. 09-12-01, § 1, 12-1-09)

(a)

Purpose. Lighting standards are established in order to permit, reasonable uses of outdoor lighting for night-time safety, utility, security, productivity, enjoyment and commerce. These standards will minimize light pollution, light trespass and glare and will work to promote energy efficient lighting practices and systems.

(b)

Applicability. Lighting standards shall apply to all new uses including commercial, industrial, public and residential development, all new dusk-to-dawn utility/security lights, and all new street lighting. To the extent regulated by this section, all existing outdoor lights or lighting systems, installed prior to the adoption of this section, shall be treated as nonconforming uses pursuant to section 78-657 with the following exceptions:

(1)

When a vehicular canopy is renovated at a cost which exceed 50 percent of the value of the structure or is replaced in its entirety, all lighting attached to the new or renovated canopy must comply with subsection (e).

(2)

When all the light fixtures of an assembly or group (such as, all the fixtures lighting a loading area or all the fixtures lighting one facade of a building) are replaced, the new lighting must comply with subsection (e).

(3)

All existing dusk-to-dawn utility/security lights shall conform to the provisions of subsection (e) within five years from the date this section was adopted.

(c)

Exemptions. The following are not regulated by the lighting standards set forth in this section:

(1)

Lighting for single-family residential use, with the exception of dusk-to-dawn utility/security lights which shall be regulated pursuant to subsection (e)(5).

(2)

Lighting required by federal, state, or local laws or regulations;

(3)

Seasonal displays using multiple low-wattage bulbs;

(4)

Lighting used during an emergency or by emergency services personnel or at their direction;

(5)

Temporary lighting which does not utilize the lighting types described in subsection (d)(1);

(6)

Temporary lighting used for public purposes including but not limited to highway construction and public utility repairs.

(d)

Prohibitions. The following lighting types are specifically prohibited:

(1)

Search lights, laser source lights, or any other similar high intensity lights except for those permitted in advance as required in subsection (f)(5) to be used on a temporary basis;

(2)

Lighting that is oriented upward, except as otherwise provided for in this section:

(3)

Lighting that could be confused for a traffic control device;

(4)

A suspended string of lights, consisting of individual lamps larger than 45 lumens, unless used only for seasonal decorations.

(e)

Lighting specifications.

(1)

Intensity.

a.

Unless otherwise specified, the maximum light level at any point shall be 0.75 footcandles at any property line, or 3.0 footcandles at any public street right-of-way.

b.

The maximum average light level for the developed area of the project to be permitted shall be 4.5 footcandles.

c.

The maximum rating for LED lights shall be 4.300 degrees Kelvin.

(2)

Luminaire type. All lighting luminaires to be installed on a permanent basis shall consist of full cutoff and cutoff fixtures, unless otherwise stipulated by this section. Full cutoff fixtures shall be utilized where the luminaire has more than a 1,250 lumen output, unless as otherwise stipulated by this section. Lighting fixtures to be utilized on a temporary basis and as permitted through subsection (f)(5) shall be exempt from this requirement.

(3)

Accent and facade lighting. Accent or facade lighting shall be directed toward the face of the building or structure.

a.

Lighting fixtures shall be directed downward rather than upward. The zoning administrator or the board of adjustment may waive this requirement in cases where it is impractical.

b.

Placement of low wattage fixtures with shields (as needed) close to the building to graze the facade is required to minimize reflected light from windows and other surfaces.

(4)

Vehicular canopies. Areas under a vehicular canopy shall have a maximum average horizontal illuminance of 30 footcandles. All lighting under the canopy, including but not limited to, luminaires mounted on the lower surface of the canopy and auxiliary lighting within signage or panels over the pumps, is to be included in the calculation. Lighting under vehicular canopies shall be designed so as not to create glare off-site. Acceptable methods include one or more of the following:

a.

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

b.

Surface mounted fixture incorporating a flat glass that provides a full cutoff or fully shielded light distribution.

(5)

Dusk-to-dawn utility/security lights. Dusk-to-dawn utility/security lights shall have a maximum rating of 9,500 lumens, shall be mounted at a maximum height of 25 feet above the lowest adjacent grade, and must be full cutoff fixtures.

(6)

Street lighting.

a.

Alignment. Street lighting on newly constructed streets shall be alternately staggered on each side of the street. The zoning administrator or the board of adjustment may waive this requirement in cases where it is impractical.

b.

Intensity. Newly installed street lighting luminaires shall meet the following standards:

1.

Individual luminaires erected in residential areas shall have a rating which does not exceed 9,500 lumens.

2.

Individual luminaires erected in commercial and industrial areas shall have a rating which does not exceed 50,000 lumens.

c.

Luminaire type. All street lighting must consist of full cutoff fixtures. If the luminaire is a post mounted decorative fixture mounted at a height of no more than 18 feet above the lowest adjacent grade, the luminare may consist of a cutoff fixture if the zoning administrator or board of adjustment determines that appropriate glare reduction measures are taken.

(7)

Outdoor parking, loading and storage areas. The mounting height of all outdoor parking, loading and storage area lighting shall not exceed 37 feet above the lowest adjacent grade. The lighting of outdoor parking areas shall have a maximum average horizontal illuminance of 6.0 footcandles.

(8)

Outdoor sales/display areas. The mounting height of all outdoor sales/display area lighting shall not exceed 37 feet above the lowest adjacent grade. The lighting of outdoor sales/display areas shall have a maximum average horizontal illuminance of 25 footcandles.

(9)

Outdoor sports fields and outdoor performance areas.

a.

The mounting height of outdoor sports field and outdoor performance area lighting fixtures shall not exceed 80 feet from the lowest adjacent grade.

b.

All outdoor sports field and outdoor performance area lighting fixtures shall be equipped with a glare control package (louvers, shields, or similar devices). The fixtures must be aimed so that their beams are directed and fall within the primary playing or performance area.

c.

The hours of operation for the lighting system shall coincide with active use of the field or performance area and any necessary maintenance thereof. Lighting the field or performance area during periods of vacancy shall be prohibited.

(f)

Administration and enforcement.

(1)

Lighting plan required. A lighting plan designed and sealed by a licensed engineer shall be submitted with the application for a zoning certificate of compliance. The plan shall indicate the following:

a.

Location and mounted height of all exterior lighting on the property.

b.

A point-by-point footcandle array in a printout format indicating the location and aiming of illuminating devices.

c.

The printout shall indicate compliance with the lighting specifications required by this section.

d.

The plan shall be accompanied by a description of the illuminating devices, fixtures, lamps, supports, reflectors, poles, raised foundations and other devices including, but not limited to, manufacturers or electric utility catalog specification sheets and/or drawings, and photometric report indicating fixture classification (cutoff fixture, full cutoff fixture, etc.) must be furnished.

e.

The zoning administrator may waive the requirements for a lighting plan set forth above, provided the applicant has provided all other required information and can sufficiently demonstrate compliance with this section. If the lighting plan requirements are waived, the requirements set forth in subsection (f)(2) and (f)(3) shall also not apply.

(2)

A written statement signed and sealed by a licensed engineer, which indicates that the lighting plan complies with the standards set forth herein, shall be submitted with any application for a zoning certificate of compliance that proposes permanent outdoor lighting.

(3)

A signed and sealed as-built drawing which demonstrates that the lighting plan described in subsection (f)(l) and submitted with the zoning certificate of compliance application was followed shall be submitted for review prior to the issuance of a zoning certificate of occupancy for the project.

(4)

Light measurement technique. Light level measurements of light trespass shall be made at the property line of the property upon which light to be measured is being generated. Measurements shall be made at finished grade (ground level) with the light registering portion of the meter held parallel to the ground pointing up. Measurements shall be taken with a light meter that has been calibrated within the previous two years.

(5)

Permit for temporary lighting required. Applicants who wish to utilize lighting on a temporary basis or lighting described in subsection (d)(1) must submit a written request to the zoning administrator. The zoning administrator shall have ten business days to approve or deny the permit application. The application shall include:

a.

The purpose of the lighting;

b.

The hours of lighting operation;

c.

Where applicable, a plan showing the extent and intensity of light trespass upon adjacent properties;

d.

Signed certification that in no case shall such lighting be directed at roadways where such lighting could pose a public safety threat to vehicular traffic; and

e.

An application fee for the zoning certificate of compliance which shall be issued by the zoning administrator.

A permit for temporary lighting, in the form of a zoning certificate of compliance, shall be issued for an operation period of no more than 30 days. Once the permit has been issued, it may be renewed in 30-day periods for up to a total of 90 days unless the permit is for lighting as described in subsection (d)(1). If operation is to continue past the close of the 90-day period, a new permit must be applied for and obtained. Temporary lighting of the type described in subsection (d)(1) shall be event-specific and shall not be permitted for a duration of more than five days. In no case shall temporary lighting be permitted on a single property, in one or in multiple locations, for more than 180 days per calendar year.

(Ord. No. 12-01-13, § 1, 1-17-12)