Compliance with the requirements of this article is mandatory; however, under specific conditions enumerated in the following sections, the requirements may be waived or modified as so stated.

(Ord. No. 09-12-01, § 1, 12-1-09)

The front yard setback requirements of this article for dwellings shall not apply on any lot where the average setback of existing buildings located wholly or in part within 100 feet on each side of such lot within the same block and zoning district and fronting on the same side of the street is less than the minimum required setback. In such cases, the setback may be less than the required setback, but not less than the average of the setback of the aforementioned existing buildings.

(Ord. No. 09-12-01, § 1, 12-1-09)

Nothing in this article shall require any change in the plans, construction or designated use of a building under construction at the date of the passage of the ordinance from which this article is derived. A building shall be deemed to be under construction upon the effective date of the ordinance from which this article is derived if a building permit has been issued or if the zoning administrator determines that significant construction was completed prior to the effective date of the ordinance from which this article is derived.

(Ord. No. 09-12-01, § 1, 12-1-09)

The height limitations of this article shall not apply to church spires except as otherwise provided in the vicinity of airports. Maximum height limitations as defined in section 78-642 shall be reduced in those areas affected by the Asheville Regional Airport in compliance with the Federal Aviation Administration regulations.

(Ord. No. 09-12-01, § 1, 12-1-09)

Temporary uses such as real estate sales field offices or shelter for materials and equipment being used in the construction of a permanent structure, may be permitted by the zoning administrator, provided they do not create health, safety or nuisance hazards.

(Ord. No. 09-12-01, § 1, 12-1-09)