The following special uses would not be appropriate without restriction throughout the zoning districts, but could be acceptable if controlled as to number, area, location or relation to the neighborhood. Such uses may be permitted in a zoning district as special uses if the provisions of this and all other divisions of this article have been met.

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

(a)

Application. A written application for a special use permit is submitted to the zoning administrator.

(b)

Conference with applicant. Prior to submission of an application for a special use permit, the applicant shall arrange a conference with the zoning administrator. At the conference the applicant shall submit a sketch development plan and a brief description of the proposed development strategy. The conference is designed to inform the applicant of the county's regulations and policies concerning development alternatives, as well as to inform the county of the applicant's intentions, so as to give the applicant some informal, nonbinding feedback on the acceptability of the applicant's plan. The greater the level of common understanding between the applicant and the county that can be achieved at the conference stage, the smoother the remaining steps of the review process will be.

(c)

Notice of hearings. All board of adjustment public notice shall be conducted in accordance with G.S. 160D-406 or as amended.

(d)

Development plan; submission; contents. At least 30 days prior to the date set for the public hearing, the applicant shall submit the application, one full sized copy of the development plan to a known scale, 11 copies of the development plan reduced to either 11 inches by 17 inches or 8.5 inches by 11 inches, and a digital version of the development plan in pdf or other acceptable format to the zoning administrator. The development plan shall contain a map drawn to scale, with the date of preparation, and shall contain, where applicable, the following information:

(1)

Existing site conditions, including contours, watercourses identified flood hazard areas, and any unique natural or manmade features.

(2)

Boundary lines of the proposed development, proposed lot lines, and plot designs.

(3)

Proposed location and use of all existing and proposed structures, including the location of any proposed retaining walls. The maximum height of any retaining wall shall be shown on the proposed site plan.

(4)

Location and size of all areas to be conveyed, dedicated, or reserved as common open space, parks, recreational areas, school sites, and similar public and semipublic uses.

(5)

The existing and proposed street system, including the location and number of off-street parking spaces, service areas, loading areas, and major points of access to the public right-of-way. Notations shall be made of the proposed ownership of a street system, public or private. Documentation from the fire marshal shall be provided of the adequacy of the development's facilities for emergency medical and fire services.

(6)

Approximate location of proposed utility systems, including documentation of water and sewer availability from the appropriate local and state agencies. Documentation of pre-development conferences with the sedimentation and erosion control and stormwater management offices shall also be submitted, where required.

(7)

Location and/or notation of existing and proposed easements and rights-of-way.

(8)

The proposed treatment of the perimeter of the development including materials and/or techniques such as screens, fences, and walls.

(9)

Information on adjacent land areas, including land use, zoning classifications, public facilities, and any unique natural features.

(10)

Where applicable, the following written documentation shall be submitted:

a.

A statement of present and proposed ownership.

b.

The zoning district in which the project is located.

c.

A development schedule indicating approximate beginning and completion dates of the development, including any proposed stages.

d.

A statement of the applicant's intentions with regard to the future selling and/or leasing of all or portions of the development.

e.

Quantitative data for the following: proposed total number and type of residential dwelling units, parcel size, gross residential densities, and the total amount of open space.

f.

Plan for maintenance of common areas, recreation areas, open spaces, streets and utilities.

(11)

For commercial structures in PUDs, architectural renderings of all principal buildings, drawn to a known scale, shall be provided. Elevation renderings of the site, drawn to a known scale, shall be required for any retaining wall system proposed to provide a cumulative vertical relief in excess of ten feet in height showing landscaping, vegetative screening, and the top and bottom of the wall at grade.

(12)

For developments of more than 75 residential units, a traffic impact study meeting the guidelines for traffic impact studies provided in the North Carolina Department of Transportation's "Policy on Street and Driveway Access to North Carolina Highways."

(13)

Any additional information required by the board of adjustment in order to evaluate the impact of the proposed development. The zoning administrator or the board of adjustment may waive a particular requirement if, in its opinion, the inclusion is not essential to a proper decision of the project.

(e)

Conduct of hearing. Any party may appear in person or by agent or by attorney at the hearing held by the board of adjustment. The order of business for such hearing shall be as follows:

(1)

The chairperson, or such person as he shall direct, shall give preliminary statement of the case.

(2)

The applicant shall present the argument in support of the application.

(3)

Persons opposed to granting the application shall present the argument against the application.

(4)

Both sides will be permitted to present rebuttals to opposing testimony.

(5)

The chairperson shall summarize the evidence, which has been presented, giving the parties opportunity to make objections and corrections.

Witnesses may be called and factual evidence may be submitted, but the board of adjustment shall not be limited to only such evidence as would be admissible in a court of law. The board of adjustment may view the premises before arriving at a decision. All witnesses before the board of adjustment shall be placed under oath and the opposing party may cross-examine them.

(f)

Rehearings. An application for a rehearing may be made in the same manner as provided for an original hearing. Evidence in support of the application shall initially be limited to that which is necessary to enable the board of adjustment to determine whether there has been a substantial change in the facts, evidence or conditions in the case. The application for rehearing shall be denied by the board of adjustment if from the record it finds that there has been no substantial change in facts, evidence, or conditions. If the board of adjustment finds that there has been a change, it shall thereupon treat the request in the same manner as any other application.

(g)

Conditions for granting approval. In granting a special use permit, the board of adjustment may designate such conditions in connection therewith as will, in its opinion, ensure that the proposed use will conform to the requirements and spirit of this article. If at any time after a special use permit has been issued the board of adjustment finds that the conditions imposed and agreements made have not been or are not being fulfilled by the holder of a special use permit, the permit shall be terminated and the operation of such use discontinued. If a special use permit is terminated for any reason, it may be reinstated only after a public hearing is held. Before any special use permit is issued, the board of adjustment shall make written findings certifying compliance with the specific rules governing the individual special use and that satisfactory provision and arrangement has been made for at least the following, where applicable:

(1)

The proposed use will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use.

(2)

The proposed use will not be detrimental to the public welfare or injurious to property or public improvements in the neighborhood.

(3)

The proposed use will not cause or have adverse effects on surrounding properties due to noise, vibration, odor, or glare effects.

(4)

Satisfactory ingress and egress for the proposed use of the property and proposed structures has been provided. Particular attention has been paid to automotive and pedestrian safety and convenience, traffic flow and control.

(5)

Provision of off-street parking and loading areas where required, with particular attention to the items in section 78-658.

(6)

Provision of adequate and proper utilities, with reference to locations, availability, and compatibility.

(7)

Provision of buffering, if deemed necessary, with reference to type, location, and dimensions. The board of adjustment shall exercise ultimate discretion as to whether adequate buffering has been provided.

(8)

Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district.

(9)

Playgrounds, open spaces, yards, landscaping, access ways, and pedestrian ways, with reference to location, size, and suitability.

(10)

Buildings and structures, with reference to location, size, and use.

(11)

Hours of operation, with particular reference to protecting and maintaining the character of the neighborhood.

(h)

Decisions. All board of adjustment decisions shall be made in accordance with G.S. 160D-406 or as amended.

(i)

Inspections. The zoning administrator shall make periodic inspections during construction as well as a final inspection after construction is complete to determine whether the conditions imposed and agreements made in the issuance of the permit have been met as well as whether all other requirements of this article have been met.

(j)

Changes; limitations. Minor changes in the location, siting or character of buildings and structures may be authorized by the zoning administrator, if required by engineering or other circumstances not foreseen at the time the final development program was approved; provided, however, that no change authorized by the zoning administrator under this section may increase the size of any building or structure by more than ten percent, nor change the location of any building or structure by more than ten feet in any direction, nor make any changes beyond the minimum or maximum requirements set forth in this article. All other changes, including changes in the site plan and in the development schedule, must be submitted to the board of adjustment. In no case shall the following changes be made without resubmission of the development plan according to the procedures in this section:

(1)

A change in the use or character of the development.

(2)

An increase in overall density.

(3)

An increase in intensity of use.

(4)

Alteration of the traffic circulation system.

(5)

A reduction in approved open space.

(6)

A reduction of off-street parking and loading space.

(k)

Lack of development; effect on permit. Special use permits shall retain vesting in accordance with G.S. 160D-108 or as amended.

(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. 14-02-01, § 2, 2-4-14; Ord. No. 16-04-13, § 2(Exh. A), 4-5-16; Ord. No. 17-01-16, § 2, 1-17-17; Ord. No. 18-05-06, § 2, 5-1-18; Ord. No. 21-05-06, § 1(Exh. A), 5-4-21)

Editor's note— Ord. No. 21-05-06, § 1(Exh. A), adopted May 4, 2021, changed the title of § 76-677 from "Procedure for obtaining a conditional use permit" to read as herein set out.

(a)

Uses by right, subject to special requirements (SR). Uses by right, subject to special requirements are uses permitted by right, provided that the specific standards set forth in this section are met. The specified standards are intended to ensure these uses fit the intent of the districts within which they are permitted, and that these uses are compatible with other development permitted within the specified zoning districts.

(1)

Bed and breakfast inns. Standards for bed and breakfast inns shall be as follows:

a.

Signage. Signage is limited to a single sign, not to exceed eight square feet, with a maximum height of four feet.

b.

Parking. Parking shall only be located in side and rear yards and is subject to the off-street parking requirements located in table 3 of section 78-658.

c.

Buffering. Property line buffering must meet the requirements described in section 78-667 and parking areas must be screened from adjacent properties through the use of vegetation or solid fencing.

d.

Occupancy. Bed and breakfast inns are limited to no more than ten occupants.

(2)

Day nursery and private kindergarten. Standards for day nursery and private kindergarten shall be as follows:

a.

Signage. Signage is limited to a single non-lighted sign, not to exceed eight square feet, with a maximum height of four feet.

b.

Enrollment. Maximum enrollment is limited to eight children.

c.

Drop-off areas. Drop-off and pick-up areas shall not obstruct traffic flow on adjacent streets.

d.

Parking. Parking shall only be located in side and rear yards and is subject to the off-street parking requirements located in table 3 of section 78-658.

e.

Buffering. Property line buffering must meet the requirements described in section 78-667 and parking areas and outdoor play areas must be screened from adjacent properties through the use of vegetation or solid fencing.

(3)

Travel trailer parks. Standards for travel trailer parks shall be as follows:

a.

Travel trailers. No travel trailer may be permanently affixed or utilized as a permanent single-family residence. No single trailer may be located within the park for more than 180 days out of any given calendar year.

b.

Spacing. Travel trailer spaces must be clearly identified on the site plan and delineated within the park through the provision of a physical boundary marker or designated pad. In no case shall a travel trailer be placed within 20 feet of another travel trailer.

c.

Buffering. A buffer consisting of evergreen trees or shrubs shall be provided against all adjacent properties, but shall not extend beyond the established setback line along any street. Such buffer strip shall be no less than four feet in width and shall be composed of trees or shrubs of a type, which at maturity shall be not less than six feet in height. This planting requirement may be modified by the zoning administrator where adequate buffering exists in the form of vegetation and/or terrain.

d.

Waste management/dump station(s).

1.

The park owner/operator shall provide capacity for a weekly accumulation of solid waste and recycling on site through the provision of dumpsters or acceptable containers. These dumpsters or other acceptable containers must be serviced at least once a week, unless the park has been vacant for the entirety of the week. These dumpsters shall not be located within any required setbacks.

2.

The park owner/operator shall provide for adequate waste disposal through the provision of dump stations. Dump stations shall be inset at least 20 feet from all property lines and must be permitted by NCDENR prior to installation.

e.

Any lighting to be provided within the park must be indicated on the site plan and adhere to the lighting standards as set forth within section 78-668.

f.

At least one bathroom and shower shall be provided within a permanent structure. If the park does not provide full water and sewer hookups at each site, one additional bathroom and shower shall be provided for every ten travel trailer spaces in the park without water and sewer connections.

g.

Documentation from the fire marshal shall be provided of the adequacy of the development's facilities for emergency medical and fire services.

(4)

Motor vehicles impoundment lots and tow yards. Standards for motor vehicles impoundment lots and tow yards shall be as follows:

a.

Motor vehicle storage area. The motor vehicle storage area shall be enclosed within a security fence of at least six feet in height. The vehicle storage area and fence shall not be located within any required setback.

b.

Buffering. The perimeter of the fence required in subsection a. above shall be buffered by a row of evergreen trees. The trees shall be at least four feet in height at the time of planting and shall be planted within eight feet of the outer side of the fence. The trees shall be planted at intervals evenly spaced and in proximity to each other so that a continuous, unbroken hedgerow, without gaps or open spaces, will exist to a height of at least eight feet along the length of the fence surrounding the storage area when the trees reach maturity. This planting requirement may be modified by the zoning administrator where adequate buffering exists in the form of vegetation and/or terrain.

(5)

HUD-labeled manufactured homes—Residential. Standards for HUD-labeled manufactured homes in the R-1, R-2 and BDM zoning districts (not including manufactured homes in manufactured home parks) shall be as follows:

a.

The standards set forth herein shall apply to manufactured homes which meet the following criteria:

1.

Manufactured homes which are renovated at a cost which exceeds 50 percent of the market value of the structure; and

2.

Manufactured homes which are replaced in their entirety on pre-existing manufactured home lots or spaces; and

3.

Manufactured homes which are placed upon existing and newly created vacant lots or spaces.

4.

"Market value" shall be determined by the administrator based upon the most recent tax assessment, appraisal, or actual sale value.

b.

Standards:

1.

Skirting:

(a)

Manufactured housing shall include skirting.

(b)

Permissible skirting materials shall be limited to stone, brick, or architectural or rusticated block. Other materials may be permitted by the administrator on a case-by-case basis.

(c)

Wood, vinyl, metal, and foam skirting is prohibited, except that such materials may be permitted on a case-by-case basis in order to comply with Buncombe County Code, chapter 34, article II, flood damage prevention ordinance.

(d)

Skirting may include openings for dryer vents and combustion air inlets, and openings for the purposes of access and ventilation. Such openings shall be covered for their full height and width with a perforated corrosion and weather-resistant covering that is designed to prevent the entry of rodents.

(e)

Skirting and vents shall comply with all applicable requirements of North Carolina Building Code and Buncombe County Code, chapter 34, article II, flood damage prevention ordinance.

2.

Foundations:

(a)

Manufactured homes shall be placed upon permanent foundations.

(b)

Wheels, tongues, and motor vehicular signals shall be removed.

3.

Dimensional requirements:

(a)

Except as otherwise provided below, manufactured homes and manufactured home spaces shall conform to the dimensional requirements of the district in which the development is located as shown in section 78-642, table 2, dimensional requirements, and the subsequent footnotes thereof.

(b)

Manufactured homes in the aforementioned zoning districts shall be multi-sectional ("double-wide," "triple-wide," et seq.). Single sectional ("single-wide") manufactured homes are prohibited.

(6)

Data center. Standards for non-crypto currency data centers shall be as follows:

a.

A pre-construction sound study shall be conducted at the property to establish a noise baseline, and the development shall include sound mitigation measures to ensure that noise levels from the data center and all associated equipment does not exceed levels observed during the baseline study. In no case shall a data center exceed 55 dBA at any time of day, as measured at the property lines.

b.

The center's operations must be completely enclosed within a building.

c.

No HVAC system, cooling system, or generator shall be located closer than 100 feet from a residentially-zoned property line or from a residential structure.

d.

Generators shall not undergo maintenance or testing between the hours of 8:00 p.m. and 8:00 a.m.

e.

Data centers within the CS-Commercial Service zoning district shall conceal mechanical operations from all road frontages using solid architectural screening or commercial landscaping buffers.

(7)

Emergency housing. Standards shall be as follows:

a.

Eligibility. Applicant or owner must provide proof that:

1.

The structure was occupied, as a primary residence, and was damaged or made inaccessible by the declared disaster; or

2.

Are assisting with disaster recovery efforts through a unit of government, agency, non-profit, or company.

b.

Siting.

1.

Emergency housing may be on the same site as the damaged or inaccessible home or on a different site;

2.

Debris removal. Emergency housing shall not obstruct or prevent recovery and debris removal operations;

3.

Floodways. Emergency housing shall be prohibited in designated and mapped floodways and non-encroachment areas of the special flood hazard area (SFHA);

4.

Landslide and heavily damaged flood areas. For emergency housing located within landslide or heavily damaged flood areas it is strongly recommended to confer with a geotechnical engineer to evaluate site stability prior to placing emergency housing on the site, and during reconstruction and redevelopment of a site.

c.

Temporary use. Emergency housing shall be permitted for up to two years from the date of the declared disaster and may be extended by the zoning administrator for up to one additional year.

d.

Number of units. No more than two emergency housing units may be placed on an individual lot, except where the zoning administrator has determined that the site is managed by an entity (FEMA, another government unit or agency, a non-profit, or company) which is directly assisting with disaster recovery efforts.

e.

Utilities. Emergency housing shall be immediately connected to an approved wastewater system, potable water source, and public electrical service, except where the unit is a travel trailer in which case it shall be connected within the following time limits:

1.

Electrical and potable water. Within three months from the date of placement;

2.

Wastewater. Within three months from the date of placement, or proof of contract to remove waste for the duration of the permit for emergency housing.

f.

Addressing. Emergency housing shall meet the E-911 addressing requirements which may differ dependent upon housing unit type.

g.

Setbacks. Setbacks shall apply to emergency housing regardless of type. The zoning administrator may reduce the setback for emergency housing to five feet when there are no other appropriate placement options.

h.

Spacing. No travel trailer shall be located less than ten feet from another travel trailer.

i.

Access. Where three or more emergency housing units are placed on a single lot, those units shall be accessed by a vehicular drive aisle on at least one side of the trailer, which is a minimum of 20 feet in width for two-direction traffic, or a minimum of 12 feet in width for single-direction traffic, or a minimum of 30 feet for two-direction traffic that contains on-street parking. No parking shall be allowed within the vehicular drive aisle.

j.

Parking. The minimum required parking for emergency housing shall be one space per emergency housing temporary dwelling unit. The zoning administrator may reduce the required parking if the applicant can demonstrate that less than one space per temporary dwelling unit is sufficient.

k.

Waste management. The property owner or operator of group sites shall provide capacity for a weekly accumulation of solid waste and recycling on site through the provision of dumpsters or acceptable containers. Waste containers must be serviced at least once a week unless the group site has been vacant for the entirety of the week.

l.

Overlay districts. The Steep Slope/High Elevation Overlay and Protected Ridge Overlay provisions apply to emergency housing except for tree screening standards, lot width standards, and overlay-specific height restrictions.

(b)

Special use standards. Before issuing a special use permit the board of adjustment shall find that all standards for specific uses listed in this section, as well as all procedures listed in section 78-677, have been met. The following standards are applied to specific special uses:

(1)

Public or private utility stations; radio, TV, and telecommunications towers; water and sewer plants; water storage tanks. Standards for public or private utility stations, radio, TV, and telecommunications towers, water and sewer plants, and water storage tanks shall be as follows:

a.

Structures shall be enclosed by a woven wire fence at least eight feet high. This does not apply to photovoltaic cells which are incorporated as structural elements of other facilities.

b.

The perimeter of the fence required in subsection a. above shall be buffered by landscaping vegetation. Vegetation not less than two feet in height at the time of planting shall be planted within eight feet of the outer side of the fence. Vegetation that serves as screening shall be planted at intervals evenly spaced and in proximity to each other so that a continuous, unbroken hedgerow, without gaps or open spaces, will exist to a height of at least six feet along the length of the fence surrounding the facility. This planting requirement may be modified by the board of adjustment where adequate buffering exists in the form of vegetation and/or terrain.

c.

Emergency contact information for the owner/manager of the facility shall be prominently posted at the site.

d.

A plan for decommissioning of the facility should the facility become non-operational for a period of more than 365 consecutive days shall be presented to the board of adjustment. The plan shall describe how the site will be returned to its pre-development condition and shall present a mechanism for funding the decommissioning.

e.

Facilities using wind as a means of electricity generation must be appropriately separated from existing residential communities and structures. The applicant must present an area map which depicts the proposed facility and the closest residential structures. The map shall be to scale and shall also show publicly maintained roads within the area.

f.

At locations where the facility will exist alongside other uses, the applicant must include a description of the other uses which will occur on the site and how public safety will be guaranteed.

g.

For facilities located within five linear miles of any aviation facility, the applicant must provide a solar glare analysis (such as the solar glare hazard analysis tool available through Sandia National Laboratories) that demonstrates that the installation does not pose an imminent threat to flight operations. Additionally, the applicant must demonstrate that the proposed structures do not interfere with flight operations. The applicant must also provide proof that a copy of their analysis has been submitted to the aviation facility operator.

h.

For facilities located within 1,320 feet of a N.C. or U.S. highway (inclusive of Interstates) or within the Blue Ridge Parkway Overlay, the applicant must provide proof from a qualified professional, which may include the highway operator, that the facility does not pose an imminent threat to users of the highway.

i.

For facilities located within the Steep Slope/High Elevation or Protected Ridge Overlay Districts, the applicant must quantify and provide documentation of the tree coverage and species removed. When development is to occur within either overlay district listed above, the limitations on disturbed and impervious area shall be applied to the parcel as a whole.

j.

All facilities must provide certification from an engineer or the manufacturer of the equipment that equipment to be utilized will not create electromagnetic interference (or other signal interference) with any radio communication or telecommunication system, aircraft navigation system, or radar system. Facilities utilizing wind as a means of electricity generation must submit a microwave path analysis performed by a Federal Communications Commission recognized frequency coordinator.

k.

All facilities must register with other state and federal agencies as required; proof of this registration (including applicable submissions for analysis by the Federal Communications Commission or Federal Aviation Administration) must be provided to the board of adjustment.

(2)

Kennels. Standards for kennels are as follows:

a.

The animal kennel, including all structures and fencing, shall be set back at least 50 feet from all external property lines of the facility.

b.

The kennel facility shall be enclosed within a security fence of at least six feet in height. The fence and facility may require a vegetation buffer along any part of the fenced areas where sufficient visual buffering does not exist. The board of adjustment shall determine the buffer requirements.

c.

Provisions for daily removal and/or disposal of all animal waste shall be incorporated within the operation and maintenance of the animal kennel.

d.

The design and operation of the facility shall be reviewed and approved by the state department of agriculture.

(3)

Junkyards. Standards for junkyards shall be as follows:

a.

Junkyards shall be surrounded by a fence at least eight feet in height. Vegetation shall be planted on at least one side of the fence and contiguous to the fence. The vegetation shall be of a type that will reach a minimum height of six feet at maturity and shall be planted at intervals evenly spaced and in close proximity to each other so that a continuous, unbroken hedgerow will exist to a height of at least six feet along the length of the fence surrounding the junkyard when the vegetation reaches maturity. Each owner, operator, or maintainer of a junkyard shall maintain the vegetation and fencing. Dead or diseased vegetation shall be replaced at the next appropriate planting time.

b.

The fence shall have at least one and not more than two gates for purposes of ingress and egress. The gates shall be closed and securely locked at all times, except during business hours.

c.

Junkyards shall also be subject to compliance with chapter 26, article III, of this Code, as may be amended.

(4)

Solid waste management facilities. All solid waste management facilities used for the disposal of solid waste shall meet the requirements and specifications of the N.C. Department of Environment and Natural Resources. A set of approved plans shall be submitted along with the application for the special use permit.

(5)

Travel trailer parks. Travel trailer park standards shall be as follows:

a.

Travel trailers. No travel trailer may be permanently affixed or utilized as a permanent single-family residence. No single trailer may be located within the park for more than 180 days out of any given calendar year.

b.

Spacing. Travel trailer spaces must be clearly identified on the site plan and delineated within the park through the provision of a physical boundary marker or designated pad. In no case shall a travel trailer be placed within 20 feet of another travel trailer.

c.

Buffering. A buffer consisting of evergreen trees or shrubs shall be provided against all adjacent properties, but shall not extend beyond the established setback line along any street. Such buffer strip shall be no less than four feet in width and shall be composed of trees or shrubs of a type, which at maturity shall be not less than six feet in height. This planting requirement may be modified by the zoning administrator or board of adjustment where adequate buffering exists in the form of vegetation and/or terrain.

d.

Waste management/dump station(s).

1.

The park owner/operator shall provide capacity for a weekly accumulation of solid waste and recycling on site through the provision of dumpsters or acceptable containers. These dumpsters or other acceptable containers must be serviced at least once a week, unless the park has been vacant for the entirety of the week. These dumpsters shall not be located within any required setbacks.

2.

The park owner/operator shall provide for adequate waste disposal through the provision of dump stations. Dump stations shall be inset at least 20 feet from all property lines and must be permitted by NCDENR prior to installation.

e.

Any lighting to be provided within the park must be indicated on the site plan and adhere to the lighting standards as set forth within section 78-668.

f.

At least one bathroom and shower shall be provided within a permanent structure. If the park does not provide full water and sewer hookups at each site, one additional bathroom and shower shall be provided for every ten travel trailer spaces in the park without water and sewer connections.

(6)

Planned unit developments, level I (PUDI). Planned unit development, level I standards shall be as follows:

a.

Purpose. The purpose of this section is to afford substantial advantages for greater flexibility and improved marketability through the benefits of efficiency which permit flexibility in building siting, mixtures of housing types, and land use. 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.

Land development standards. The following land development standards shall apply for all PUDIs. PUDIs may be located in the relevant districts as special uses, subject to a finding by the board of adjustment that the following conditions are met:

1.

Ownership control. The land in a PUDI shall be under single ownership or management by the applicant before final approval and/or construction, or proper assurances (legal title or execution of a binding sales agreement) shall be provided that the development can be successfully completed by the applicant.

2.

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. The proposed residential density of the PUDI (dwelling units per acre as shown in section 78-642) shall conform to that permitted in the district in which the development is located. If the PUDI lies in more than one district, the number of allowable dwelling units must be separately calculated for each portion of the PUDI that is in a separate district, and must then be combined to determine the number of dwelling units allowable in the entire PUDI. When the PUDI is a community oriented development, the allowed density shall be in accordance with section 78-650.

3.

Land uses. A mixture of land uses shall be allowed in any PUDI. However, within residential districts, nonresidential uses shall be carefully designed to complement the residential uses within the PUDI. All PUDIs must be compatible with and not violate the intent of the zoning district; however, said uses may include uses not permitted under section 78-641 within the zoning district(s) within which the project is located, provided that the board of adjustment finds that the nonresidential uses do not disrupt the character of the community.

4.

Minimum requirements. Minimum requirements for land development are as follows:

a.

The normal minimum lot size and requirements for interior setbacks are hereby waived for the PUDI, provided that the spirit and intent of this section are complied with in a total development plan, as determined by the board of adjustment. The board of adjustment shall exercise ultimate discretion as to whether the total development plan does comply with the spirit and intent of this section.

b.

Height limitations. The normal maximum structure height may be waived for the PUDI, provided that unique elements of the development impose requirements for additional height that are not universal throughout the zoning district. Additionally, PUDIs in excess of the normal maximum height require that the spirit and intent of this section are complied with in a total development plan, as determined by the board of adjustment. The board of adjustment shall exercise ultimate discretion as to whether the total development plan does comply with the spirit and intent of this section. PUDIs within the Blue Ridge Parkway Overlay District may not contain structures which exceed the maximum height allowed within the overlay district.

c.

Required distance between buildings. The minimum distance between buildings shall be 20 feet or as otherwise specified by the board of adjustment to ensure adequate air, light, privacy, and space for emergency vehicles.

5.

Privacy. Each development shall provide reasonable visual and acoustical privacy for all dwelling units. Fences, insulation, walks, barriers, and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views or uses, and reduction of noise. Multilevel buildings shall be located within a PUDI in such a way as to dissipate any adverse impact on adjoining low-rise buildings and shall not invade the privacy of the occupants of such low-rise buildings.

6.

Perimeter requirements. Perimeter requirements are as follows:

a.

Structures located on the perimeter of the development must be set back from property lines and rights-of-way of abutting streets in accordance with the provisions of the zoning ordinance controlling the district within which the property is situated.

7.

Parking. Parking requirements may be waived for the PUDI, provided that the spirit and intent of this section are complied with in a total development plan, as determined by the board of adjustment. The board of adjustment shall exercise ultimate discretion as to whether the total development plan does comply with the spirit and intent of this section.

8.

Conveyance and maintenance mechanisms. Conveyance and maintenance of open space, recreational areas and communally owned facilities shall be in accordance with G.S. 47-1 et seq. the Unit Ownership Act and/or any other appropriate mechanisms acceptable to the board of adjustment.

9.

Building envelopes. Building envelopes shall be shown on the submitted site plan. Where flexibility in design of residential units is desired, the building envelope shall indicate the maximum expanse of the proposed footprint of the structure.

(7)

Planned unit developments, level II (PUDII). Planned unit development, level II standards shall be as follows:

a.

Land development standards. The following land development standards shall apply for all PUDIIs. PUDIIs may be located in the relevant districts as special uses, subject to a finding by the board of adjustment that the following conditions are met:

1.

Ownership control. The land in a PUDII shall be under single ownership or management by the applicant before final approval and/or construction, or proper assurances (legal title or execution of a binding sales agreement) shall be provided that the development can be successfully completed by the applicant.

2.

Land uses. PUDIIs must include only non-residential uses.

3.

Dimensional requirements. Dimensional requirements for land development are as follows:

a.

Height limitations. The normal maximum structure height may be waived for the PUDII, provided that unique elements of the development impose requirements for additional height that are not universal throughout the zoning district. Additionally, PUDIIs in excess of the normal maximum height require that the spirit and intent of this section are complied with in a total development plan, as determined by the board of adjustment. The board of adjustment shall exercise ultimate discretion as to whether the total development plan does comply with the spirit and intent of this section. PUDIIs within the Blue Ridge Parkway Overlay District may not contain structures which exceed the maximum height allowed within the overlay district.

b.

Required distance between buildings. The minimum distance between buildings shall be 20 feet or as otherwise specified by the board of adjustment to ensure adequate space for emergency vehicles.

4.

Parking. Parking requirements may be waived for the PUDII, provided that the spirit and intent of this section are complied with in a total development plan, as determined by the board of adjustment. The board of adjustment shall exercise ultimate discretion as to whether the total development plan does comply with the spirit and intent of this section.

(8)

Asphalt plants. Standards for asphalt plants shall be as follows:

a.

The parcel on which the facility is located shall be set back at least 2,640 feet from any parcel where a hospital; hospice facility; licensed nursing home; licensed adult care home; licensed family care home; drop-in or short term child care center providing care to at least ten preschool children; licensed child care center; private or public elementary, middle or high school; or municipal or county park or recreation facility is located.

b.

The facility must comply with the Buncombe County Flood Damage and Prevention Ordinance. But in no case shall production facilities or storage of hazardous materials be located in the special flood hazard area.

c.

The area of operations shall be set back from all perennial waters, as shown on the most recent version of the quadrangle topographic maps prepared by the United States Geological Service, and from all wetlands, as defined by G.S. 143-212(6) for a distance sufficient to protect surface and groundwater from spills and leaks. Said setback shall be a vegetative buffer no less than 100 feet in width, with no less than the first 50 feet from the stream or wetland being undisturbed and the remaining area consisting of managed vegetation.

d.

The facility shall be served by a public water system or situated a sufficient distance from any water supply well to ensure public health and safety. In all cases, the facility shall be located no closer to a water supply well than the minimum separation distance specified by N.C. Department of Environment and Natural Resources.

e.

There shall be sufficient access to a major highway so as to minimize truck travel through residential neighborhoods.

f.

A buffer strip along all property lines shall be required that is sufficient in height, density, and foliage at all times of the year to minimize the visual impact to persons and motorists not on the property and to maximize the buffering of noise and particulate matter. Said buffer strip shall not extend into the established setback along any street. The required buffer shall be placed according to one or a combination of the following methods, as approved by the board of adjustment as fitting for the use and surrounding areas:

1.

A continuous, natural and undisturbed 100-foot buffer strip of trees, shrubbery, and other natural vegetation.

2.

A 100-foot planted buffer strip consisting of at least three rows of evergreen trees, whose species shall be approved by the board of adjustment, which at the time of planting shall be at least six feet in height, and which at maturity, shall be at least 15 feet in height. In each row the trees shall be spaced no more than ten feet apart (from base of tree to base of tree) at time of planting, with trees in adjacent rows offset (staggered) five feet. The rows shall be no more than 30 feet apart and centered within the buffer strip. The buffer strip shall also contain at least two evergreen shrubs for every one tree and the shrubs shall be intermixed between the trees.

3.

An earthen berm landscaped with evergreen shrubs and topped with a row of evergreen trees. The berm shall be a minimum of eight feet in height and shall have slopes that do not exceed one foot in height to three feet horizontal. The row of evergreen trees shall be at least five feet in height at the time of planting and which at maturity shall be at least ten feet in height. The trees shall be spaced no more than eight feet apart (from base of tree to base of tree) at the time of planting. No less than two evergreen shrubs for every tree shall be planted in two rows; the first row shall be planted at the base of the berm. The second row shall be planted at the midpoint of the berm and shall be offset (staggered) from the first row.

The owner of the property on which the buffer is located shall be responsible for the maintenance of said buffering. Unhealthy or dead plants shall be promptly removed and replaced within one planting season.

g.

A security fence shall surround the entire production area, shall be a minimum of six feet in height, and shall be located between the production area and the required buffer strip. Driveways or entranceways shall be gated during the hours when the plant is not open and operating.

h.

The facility shall employ the most current, state-of-the-art methods, systems, techniques, and production processes available in order to achieve the greatest feasible air and odor emissions reductions, including fugitive emissions and fugitive dust.

(9)

Vacation rental complex or rooming house. Vacation rental complex and rooming house standards shall be as follows:

a.

Minimum distance between buildings. The minimum distance between buildings shall be 20 feet or as otherwise specified by the board of adjustment to ensure adequate air, light, privacy, and space for emergency vehicle access.

b.

Parking. Preliminary plans shall include parking provisions adequate for the maximum number of guests proposed. Parking requirements shall be at least one space for each two proposed guest rooms. Such parking areas shall be visually screened with a vegetative buffer or fencing adjacent to any single family residential development.

c.

Signage. Freestanding signage shall be shown on the submitted plan and shall not exceed ten square feet in surface area. Only one freestanding sign is allowed.

d.

Bathrooms. One bathroom must be provided for every four guest rooms.

(10)

Bed and breakfast inns. Standards for bed and breakfast inns shall be as follows:

a.

Signage. Signage is limited to a single sign, not to exceed eight square feet, with a maximum height of four feet.

b.

Parking. Parking shall only be located in side and rear yards and is subject to the off-street parking requirements located in table 3 of section 78-658.

c.

Buffering. Property line buffering must meet the requirements described in section 78-667 and parking areas must be screened from adjacent properties through the use of vegetation or solid fencing.

d.

Occupancy. Bed and breakfast inns are limited to no more than 20 guests.

(11)

Day nursery and private kindergarten. Standards for day nursery and private kindergarten shall be as follows:

a.

Signage. Signage is limited to a single non-lighted sign, not to exceed eight square feet, with a maximum height of four feet.

b.

Drop-off areas. Drop-off and pick-up areas shall not obstruct traffic flow on adjacent streets.

c.

Parking. Parking shall only be located in side and rear yards and is subject to the off-street parking requirements located in table 3 of section 78-658.

d.

Buffering. Property line buffering must meet the requirements described in section 78-667 and parking areas and outdoor play areas must be screened from adjacent properties through the use of vegetation or solid fencing.

(Ord. No. 09-12-01, § 1, 12-1-09; 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. 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. 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)

Editor's note— Ord. No. 16-04-13, § 2(Exh. A), adopted April 5, 2016, changed the title of § 78-678 from "Conditional use standards" to read as herein set out.