For the purpose of this appendix, the City of Hendersonville, NC, and the area comprising its extraterritorial zoning jurisdiction are divided into use districts. Following is a list of the use districts authorized by this ordinance per G.S. 160D-703.

The boundaries of these districts have been previously established as shown on a map "Official Zoning Map, City of Hendersonville." This map has been rendered digitally and this digitally rendered map replaces the above-mentioned "Official Zoning Map, City of Hendersonville." It shall be the duty of the planning director to maintain the digitally-rendered zoning map and to faithfully modify in accordance with map amendments which may be adopted by city council in the future. In maintaining the digitally-rendered zoning map, the planning director is authorized to make minor adjustments to the map where to do so would cause zoning boundaries to match property lines, streets, streams, or other zoning boundaries, or where circumstances otherwise make it clear that such adjustment fulfills the intent of previous zoning map amendments per G.S. 160D-105.

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

4-3-1 Boundaries indicated as approximately following the center lines of streets, highways, alleys, streams, rivers or other such bodies of water, shall be construed to follow such center lines.

4-3-2 Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

4-3-3 Boundaries indicated as approximately following city limit lines shall be construed as following such city limit lines.

4-3-4 Where district boundaries are so indicated that they are approximately parallel to the center lines of streets, highways, or railroads, or rights-of-way of same, such district boundaries shall be construed as being parallel there to and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of the scale shown on said zoning map.

4-3-5 Where physical features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections 4-3-1 through 4-3-4 above, the board of adjustment shall interpret the district boundaries.

It is recognized that certain types of zoning districts would be inappropriate at particular locations in the absence of special conditions. Some land uses are of such a nature or scale that they have significant impacts on both the immediately surrounding area and on the entire community which cannot be predetermined and controlled by general district standards. There are also circumstances in which a general district designation allowing such a use by right would not be appropriate for a particular property even though the use itself could, if properly planned, be appropriate for the property consistent with the objectives of this zoning ordinance and the comprehensive plan. Conditional zoning districts are created for the purpose of providing an optional rezoning choice where the owner of the property proposes to rezone property, and in order to, among other reasons, carry out the purposes of the comprehensive plan, proposes to impose special limitations and conditions on the use of the property proposed for rezoning per G.S. 160D-703(2). In light of this purpose, applicants for rezoning to conditional zoning districts are strongly encouraged to meet with neighboring residents and property owners and to attempt to address their concerns, if any, in their application.

The conditional zoning district approval process is established to address those situations when a particular use may be acceptable but the general zoning district which would allow that use would not be acceptable. It requires a legislative zoning map amendment with site-specific conditions incorporated into the zoning map amendment per G.S. 160D-102(7). It allows city council (legislative decision) to approve a proposal for a specific use with reasonable conditions to assure the compatibility of the use with surrounding properties. Any use permitted under this process must also conform to the development regulations for the corresponding general zoning district. A conditional zoning district classification will be considered only upon request of the owner(s) of all property to be included in the proposed district.

For the R-40, R-20, R-15, R-10, R-6, C-1, C-2, C-3, C-4, I-1, MIC, CMU, RCT, GHMU, HMU and CHMU zoning district classifications, there are hereby established parallel conditional zoning district classifications designated R-40CZD, R-20CZD, R-15CZD, R-6CZD, C-1CZD, C-2CZD, C-3CZD, C-4CZD, I-1CZD, MICCZD, CMUCZD, RCTCZD, GHMUCZD, HMUCZD and CHMUCZD pursuant to G.S. 160D-703.

Within a conditional zoning district only those uses authorized by article V as permitted in the parallel zoning district with which the conditional zoning district corresponds shall be permitted, and all other requirements of such parallel zoning district classifications shall be met. Specific conditions may be proposed by the petitioner or the city or its agencies but only those conditions mutually approved by the city and the petitioner may be incorporated into the zoning regulations or permit requirements.

All applications for rezoning to a conditional zoning district shall be submitted and processed under a rezoning to a conditional zoning district in accordance with the provisions of section 7-4, below.

The range of uses allowed in each district established in this ordinance is summarized in Table 4-5 Table of Permitted Uses, which is a part of this section. In the event of a conflict between Table 4-5 and the text of this appendix, the text shall control.

The Table of Uses orders uses into the following four classifications. All uses must comply with regulations of general application in the zoning ordinance, including, without limitation, those in articles VI, VII, and XV. In addition, uses must comply with specific development standards as noted below:

a)

Permitted by right (P). A use which is permitted by right must comply with the development standards for the relevant zoning district. This process requires administrative (i.e., professional city staff) review leading to an administrative decision.

b)

Permitted by right subject to supplementary standards (SS). Same as above except that the use must comply with one or more additional standards not required of other permitted uses in the district. These additional standards are either incorporated into the description of the use or, when they are too lengthy, a reference is given to their location in the ordinance. This process requires administrative (i.e., professional city staff) review leading to an administrative decision.

c)

Special Use (SU). A use which may be authorized only by means of a special use permit (SUP) issued by the board of adjustment pursuant to article X, below. This process requires initial administrative review (i.e., professional city staff) and a final quasi-judicial decision by the board of adjustment (quasi-judicial process).

d)

Limited (L).

e)

Uses permitted only pursuant to a rezoning to a conditional zoning district.

1)

Any building or structure that exceeds the maximum square footage as stated in a conventional zoning district shall require a rezoning to a conditional zoning district which allows the proposed square footage for the building or structure in order to be permitted.

2)

Any of the following development or redevelopment shall require a rezoning to a conditional zoning district which allows it:

(a)

Any nonresidential development or redevelopment that includes a cumulative total gross floor area for all buildings combined for all phases combined of the development or redevelopment of 50,000 square feet or more;

(b)

Any mixed-use development or redevelopment that includes a cumulative total gross floor area for all buildings combined (including both residential and nonresidential) for all phases combined of the development or redevelopment of 50,000 square feet or more;

(c)

Any amendment to an approved nonresidential or mixed-use development or redevelopment that, when added to the approved development or redevelopment for all phases of the development or redevelopment combined, brings the development or redevelopment (including the amendment) within the parameters of (a) or (b) above.

(d)

Any single, two or multi-family residential development or redevelopment that includes 51 or more residential dwelling units for all phases combined: or

(e)

Any amendment to an approved single, two or multi-family residential development or redevelopment that, when added to the approved number of dwelling units for all phases combined, brings the total number of dwelling units (including the amendment) for all phases of the development or redevelopment combined to 51 or more dwelling units.

3)

The provisions in this Section 4-5(e) for requiring a rezoning to a conditional zoning district are subject to any exemptions established in article V, zoning district classifications.

(Ord. No. 22-06, 1-6-22; Ord. No. 22-22, 5-5-22; Ord. No. O-25-26, 5-1-25; Ord. No. O-25-33, 6-5-25)