The regulations set forth in this ordinance affect all land, every building, and every use of land and/or building and shall apply as follows:

No building or land shall hereafter be used or occupied, and no building or structure or part thereof shall be erected, moved or structurally altered except in conformity with the regulations of this ordinance for the district in which it is located.

No building shall hereafter be erected or altered so as to exceed the height limit or to exceed the density regulations of this ordinance for the district in which it is located. Residential units under 1,200 square feet in gross floor area shall count as one-half unit (0.5 units) for the purposes of calculating density allotments in all zoning districts which regulate density. Unit counts will remain as whole numbers for the purposes of applying other aspects of the zoning code such as determining level of review, applying minimum parking requirements, etc.

No lot, even though it may consist of one or more adjacent lots of record in single ownership, shall be reduced in size so that the lot width or depth, front, side or rear yard, lot area per dwelling unit, or other requirements of this ordinance are not maintained. This prohibition shall not be construed to prevent the purchase or condemnation of narrow strips of land for public utilities or street right-of-way purposes.

No part of a yard or other open space required about any building or use for the purpose of complying with the provisions of this ordinance shall be included as part of a yard or other open space similarly required for another building or use.

Every building hereafter erected, moved or structurally altered shall be located on a lot, and in no case shall there be more than one principal building and its customary accessory buildings on the lot, except in the case of specially designed complexes of institutional, residential, commercial or industrial buildings in an appropriate zoning district classification.

All lots shall front on a public street.

In any residential district, the side yard requirements for corner lots along the side street shall be increased 150% (1.5x) the required side yard setback for the zoning district in which the property is located. Accessory buildings shall observe all setback requirements. A property not at the intersection of two publicly-maintained rights-of-way shall not be considered a corner lot for the purposes of this section.

Accessory structures shall not be located in any required front yard or any required front or side yard of a corner lot. In all other cases, the accessory structure shall meet the setback requirements for the zoning district classification in which it is located.

No part of a road right-of-way lying within lot lines may be used in calculating minimum lot sizes requirements.

(Ord. No. O-25-26, 5-1-25)

The purpose of this section is to regulate and limit the continued existence of uses and structures lawfully established prior to the effective date of this ordinance, or any amendment thereto, that do not conform to such ordinance, as amended. Any nonconformity created by a change in the classification of property or the text of these regulations shall be regulated by the provisions of this section. As used in this section, the term, "effective date of this ordinance, or any amendment thereto," refers to the date of the ordinance which first rendered a use, structure or land nonconforming.

A nonconforming use is a use of land, buildings, or structures that was lawfully established prior to the effective date of this ordinance, or any amendment thereto, but which does not conform to the regulations for the zoning classification in which it is located. Nonconforming uses may be continued subject to the following limitations:

a)

No nonconforming use shall be extended, expanded, enlarged, or moved to occupy a different or greater area of land, buildings or structures than was occupied by such use at the time it became nonconforming; provided, however, a nonconforming use may be extended throughout any parts of a building which were specifically designed and arranged for such use at the time it became nonconforming.

b)

No building or structure devoted to a nonconforming use shall be enlarged, extended, reconstructed, moved, or structurally altered unless such building or structure is thereafter devoted to a conforming use; provided, however, such building or structure may be enlarged or extended upon prior authorization from the board of adjustment, which authorization shall not be granted unless the board of adjustment makes each of the following findings of fact:

1)

The proposed enlargement or extension shall be de minimis in relation to the existing building or structure.

2)

The proposed enlargement or extension shall not increase the intensity of the nonconforming use, which is to say, it will not result in an increase in dwelling units for a residential use nor in gross floor area for a nonresidential use.

3)

The proposed enlargement or extension is designed so that it will not render the use of the property any less compatible than it is in its existing circumstances.

4)

The authorization of such proposed enlargement or extension is not otherwise contrary to the public health, safety or welfare.

c)

A nonconforming use of a structure may not be changed to another nonconforming use unless such change is authorized by the board of adjustment. In order to authorize a change in nonconforming use, the board of adjustment shall consider the relative impacts of the existing nonconforming use and the proposed nonconforming use with regard to traffic, noise, pollution, visual appearance and compatibility with the neighborhood, and shall make the following findings:

1)

The proposed use is expected to result in impacts which are less than those associated with the existing use.

2)

The proposed use will be more compatible with the surrounding neighborhood than is the existing use.

3)

Approval of the change in nonconforming use serves the public health, safety and general welfare.

4)

Failure to approve the change in nonconforming use would result in a hardship to the owner of the property on which the nonconforming use is situated.

An existing nonconforming use shall be discontinued within 60 days of the date of approval of a change in nonconforming use. Subsequent to that time, such existing use shall become unlawful.

d)

Where a nonconforming use ceases for 180 consecutive days, then the use shall not be re-established or resumed, and any subsequent use of the land or structure shall conform to the requirements of this ordinance. Vacancy and non-use of the building or structure, regardless of the intent of the owner, shall constitute discontinuance under this provision.

e)

Where a building or structure devoted to a nonconforming use is damaged to the extent of 50 percent or more of its current value, such building or structure, if restored, shall thereafter be devoted to conforming uses. Provided, however, AM radio, FM radio, and television towers and associated facilities may, in conformance with this subsection, be repaired and used as before, so long as tower dimensions are not increased, regardless of the degree of damage. This section shall not apply to structures regulated by article XIII of this ordinance.

A nonconforming structure is a building or other structure which lawfully existed prior to the effective date of this ordinance, or an amendment thereto, and which no longer could be built under the terms of this ordinance, as amended, by reason of restrictions on area, footprint, open space, building height, setbacks, lot width, or other requirements concerning the structure.

a)

A nonconforming structure devoted to a use permitted in the zoning classification in which it is located may continue to be used only in accordance with the provisions of this section.

b)

Normal repair and maintenance may be performed to allow the continuation of nonconforming structures.

c)

Except as provided in subsections (d) and (e) below, a nonconforming structure shall not undergo a change of use, renovation or expansion.

d)

A nonconforming structure may undergo a change of use or renovation without having to bring the structure into conformity with the requirements of these regulations, provided that:

1)

The change in use or renovation does not increase the floor area of the structure.

2)

The change in use is to a permitted use within the district.

3)

The number of parking spaces provided for the use is in conformity with the requirements of these regulations.

e)

A nonconforming structure may be expanded, without bringing the nonconforming structure into conformity with these regulations, only if the part of the structure to be expanded and the area of the lot into which the expansion is taking place are both brought into conformity with the requirements of this ordinance.

f)

A nonconforming structure shall not be moved unless it thereafter conforms to the standards of the zoning classification in which it is located.

g)

Where a nonconforming residential structure is damaged by fire, flood, wind, or other act of God, it may be restored to its original dimensions and conditions as long as a building permit for the restoration is issued within 12 months of the date of the damage.

h)

Where a nonconforming commercial structure is damaged by fire, flood, wind, or other act of God, and such damage does not exceed 50 percent of the current assessed taxable value of the structure, it may be restored to its original dimensions and conditions as long as a building permit for the restoration is issued within 12 months of the date of the damage.

A nonconforming vacant lot is a lot that was lawfully created prior to the effective date of this ordinance, or any amendment thereto, but which does not conform to the minimum gross land area or minimum lot requirements for the zoning classification in which it is located.

a)

Except as provided herein, a nonconforming vacant lot may be used for any of the uses permitted by this ordinance in the zoning classification in which it is located, provided that the use meets all limitations and minimum requirements for setback and yards, height, open space, buffers, screening, parking, density and floor area required in this ordinance for the zoning classification in which the lot is located.

b)

If compliance of the structure(s) intended on the nonconforming lot with applicable setback requirements is not reasonably possible, the nonconforming lot may be used as a building site subject to the granting of a variance from such setback requirements by the board of adjustment in accordance with the provisions of article X.

c)

With regard to residential dwellings, variances authorized pursuant to subsection b), above, shall be limited to single-family dwellings. Two-family or multi-family residential dwellings shall not be entitled to such a variance.

d)

Where a nonconforming lot abuts another lot of record (whether conforming or nonconforming) held in the same ownership at or subsequent to enactment of this section, such lots shall be combined or recombined as necessary to form a conforming lot or lots and shall not thereafter be subdivided except in compliance with all of the requirements of the subdivision ordinance. Where a nonconforming lot was created by public taking action or as a result of a court order, the above combination or recombination of lots shall not be required.

Minor repairs to and routine maintenance of land, buildings, structures, or other development of land devoted to a nonconforming use or having nonconforming structures are permitted, provided the cost of such repairs and maintenance within any 12-month period does not exceed ten percent of the current assessed taxable value of the land, buildings, structure, or other development of land.

Any structure or other development of land devoted to a nonconforming use that is declared unsafe by the code enforcement officer or building inspector because of lack of repairs and maintenance shall not be restored, repaired, reconstructed, or used except in conformity with the provisions of this section.

Any structure or other development of land devoted to a nonconforming use that is declared unsafe by the zoning/code enforcement officer or building inspector but not because of lack of repairs and maintenance, may be repaired and restored subject to the requirements of this section.

The following applies to existing non-compliant lighting installed prior to February 8, 2023.

Full compliance with the lighting requirements in Section 6-19 shall be required under the following circumstances:

a)

When repairing or replacing 50% or more of total existing exterior lighting fixtures on a site within any 12-month period; provided however any replacement of a floodlight shall be required to meet the standards of section 6-19-2(b).

b)

When expanding or improving 50% or more of an existing parking or lighted area. Examples of activities that would trigger compliance under 6-2-5(b) include; paving an unpaved parking lot, adding 20 additional parking spaces to an existing 40 space lot or adding bio-retention facilities to 12 spaces in a 20 space lot. Examples of activities that would not trigger compliance include; repaving an existing paved lot, reorganizing spots within an existing lot or adding 10 spaces to an existing 25 space lot.

c)

When structures on a site with non-conforming lighting are renovated and the total cost of renovations exceeds 50% of the assessed value of the building according to Henderson County tax records.

(Ord. No. 23-05, 2-8-23; Ord. No. O-25-12, 2-12-25)

The regulations for the various zoning district classifications shall be enforced and interpreted according to the following rules:

Uses not designated as permitted or special use shall be prohibited. Permitted uses subject to supplementary standards, and special uses shall be permitted only according to the additional regulations imposed. Permits for a special use shall be approved or disapproved by the board of adjustment.

Regulations set forth by this article shall be general requirements applicable to all uses in all district classifications, unless other regulations are more restrictive or establish a higher standard.

Where property is subject to private restrictions or covenants, such restrictions shall not operate to lessen or invalidate the requirements of this ordinance, nor shall the provisions of the ordinance operate to lessen or invalidate the private restrictions or covenants. Where the private restrictions or covenants conflict with the terms of this ordinance, the more restrictive provision(s) shall govern development of the property. More restrictive provision shall mean that, as between the provision(s) in the private restrictions or covenants and this ordinance, the more restrictive provision(s) is the one that imposes greater restrictions or burdens, or more stringent controls.

On a corner lot nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of two and one-half feet and ten feet in a triangular area formed by a diagonal line between two points on the right-of-way lines, 20 feet from where they intersect. This regulation does not apply in the C-1 Central Business District.

The purpose of this section is to specify off-street parking requirements that provide adequate parking facilities to meet the needs generated by the proposed use. These requirements are intended to establish standards that ensure off-street parking areas are designed and located to protect the public health, safety and welfare, expedite traffic movements, minimize congestion and protect surrounding neighborhoods and uses.

6-5-2.1 Off-street parking. All new development, additions to buildings or structures, or conversions of use for which a zoning compliance permit is required shall provide permanently maintained off-street parking in accordance with the regulations of this section.

6-5-2.2 Change of use. When the existing use of any building, structure or property is changed to a new use, off-street parking based on the new use shall be provided as required by this section.

6-5-2.3 Expansion of building, structure or use. When a building, structure or use is enlarged or increased in square footage of floor area, seating capacity, number of employees, or otherwise, off-street parking shall be provided as required by this section.

6-5-2.4 Multiple uses. Where multiple uses within a building or structure are identified or multiple buildings or structures are located on a single lot, the minimum off-street parking requirements for the various uses shall be computed separately. The required parking spaces for the number of separate uses may be combined in one lot, provided the required space assigned to one use may not be assigned to another use at the same time except as otherwise provided herein.

6-5-2.5 Exemption to off-street parking. Off-street parking is not required in the Seventh Avenue Municipal Service District.

6-5-2.6 Minimum number of parking spaces. The minimum number of parking spaces shall be provided for each use as set forth in Table 6-5-2, except as otherwise provided by ordinance. [See article V, section 5-6-3.1 for the C-1 Central Business Zoning District Classification parking and loading requirements.] For the purposes of parking calculations, the gross floor area of any parking garage shall not be included within the gross floor area of the building. For any use not specified in Table 6-5-2 or otherwise provided by ordinance, specific requirements shall be determined by the community development director and shall be based upon requirements for similar uses, expected traffic generated by the proposed use, and other information from appropriate traffic engineering and planning criteria.

6-5-2.7 Use of off-site parking. Individual parking spaces shall be limited to the parking of motor vehicles. However, off-street parking in excess of the minimum requirements may be used for other purposes such as storage, as provided by ordinance.

6-5-2.8 Accessible parking spaces. Off-street parking areas shall be in accordance with the Americans with Disabilities Act (ADA) standards and the North Carolina Accessibility Code.

6-5-2.9 Landscaping requirements for off-street parking and vehicular use areas. Landscaping for off-street parking and vehicular use areas shall be in accordance with the provisions of article XV, below.

6-5-2.10 Lighting. Lighting for off-street parking and vehicular use areas shall be in accordance with the provisions of article VI, section 6-13-4, below.

6-5-2.11 Off-street loading and unloading. Off-street loading and unloading shall be in accordance with the provisions of article VI, section 6-6, below.

6-5-2.12 Rounding of quantities. When calculating the number of required parking spaces results in a fraction, the fractional requirement shall be rounded up to the next highest whole number.

6-5-2.13 Certificate of zoning compliance. All off-street parking and loading requirements shall be in place and ready for use prior to issuance of a certificate of zoning compliance.

Table 6-5-2

(Ord. No. 22-57, 10-6-22)

Parking requirements for two or more uses may be satisfied with shared parking. Shared parking may be approved only when the subject uses have inherent differences in parking activity patterns and the right of joint use of a parking facility is evidenced by a contract establishing joint use. Shared parking shall be subject to review and approval by the community development director or a designee.

6-5-3.1 Shared parking location. Parking shall be provided on the same lot or, in the case of a planned development with multiple buildings, within the planned development.

6-5-3.2 Off-site parking location. Off-site parking, whether shared or not, shall be on a lot located within 200 feet of the use lot as measured from the exterior property boundary of the use lot to the exterior property boundary of the off-site parking lot.

6-5-3.3 Shared parking report. Calculation of shared parking requirements shall be based on a professional parking analysis and management plan provided by the applicant. The report shall include a basis for predicting the parking required for a particular mix of uses on a lot, or on a lot and the off-site lot.

6-5-3.4 Implementation. The owner or manager of a project approved under the shared and off-site parking alternative, once built, shall maintain an accurate, up-to-date record of the usage of the gross floor area for the project, both occupied and vacant, according to type of use. Community development director or a designee may require this record be provided when the owner applies for a new use or development approval for the subject lot.

6-5-3.5 Parking affidavit. When shared or off-site parking is permitted, the owner of the site(s) on which the parking is located shall file a parking affidavit with the community development director or a designee. The parking affidavit shall transfer the rights of a specific number of parking spaces from one property (which can no longer take credit for them) to another for the specific hours of use supported by the parking analysis.

Where it can be demonstrated through a professional parking analysis and management plan that the demand for parking is less than that required in Table 6-5-2, or as otherwise provided by ordinance, a special exception to the requirements may be granted by the community development director or a designee to satisfy the minimum parking requirements.

6-5-4.1 Parking report. Calculation of parking requirements shall be based on a professional parking analysis and management plan provided by the applicant and reviewed by the community development director or a designee. The community development director or a designee may require a parking demand study conducted by a licensed traffic engineer or other traffic professional accept-able to the community development director or a designee.

6-5-4.2 Maximum reduction. The maximum reduction in required parking shall not exceed 40 percent. This waiver of required parking may not be combined with other allowed parking reductions.

6-5-4.3 Reservation of parking area. The site plan shall show all required parking spaces, including those for which a reduction is requested. No structures or other improvements except parking, driveways, and underground utilities may be constructed within the unimproved parking area and said area shall be landscaped. Landscaping materials shall be subject to review and approval by the community development director or a designee.

6-5-5.1 Motor vehicle parking spaces shall measure nine feet by 18 feet.

6-5-5.2 All parallel motor vehicle parking spaces shall measure nine feet six inches by 22 feet.

6-5-5.3 Parking spaces shall be designed to prevent a vehicle from protruding or overhanging a sidewalk.

6-5-5.4 Uncovered off-street parking may be located in required yards.

6-5-5.5 Back-out parking into the street right-of-way is prohibited except for single-, two-, three- and four-family dwellings.

6-5-5.6 Aisle width shall be based on parking angle and direction of flow according to Table 6-5-5.

Table 6-5-5

(Ord. No. 22-11, 2-10-22)

Development and redevelopment projects in all districts except the C-1 Central Business District shall provide space as indicated herein for the loading and unloading of vehicles off the street or public alley. Such space shall have access to an alley or, if there is no alley, to a street. For the purposes of this section, an off-street loading space shall have a minimum dimension adequate to accommodate the largest vehicles expected to be served and, in any event, no less than 12 feet by 40 feet and an overhead clearance of 14 feet in height above the alley or street grade.

Retail operations: One loading space for each 20,000 square feet of gross floor area or fraction thereof.

Wholesale and Industrial Operations:

See Section 6-1-7.

See Section 6-1-8.

The purpose of this section is to provide for the appropriate location and design of outdoor retail sales, outdoor retail display and outdoor retail storage of inventory in conjunction with legally operating businesses. The intent is to protect the flow of vehicular and pedestrian traffic, maintain emergency access and minimize the visual impacts to surrounding properties and private and public rights-of-way.

6-9-2.1 Permitted districts. Outdoor retail sales, outdoor retail display and outdoor retail storage shall be permitted as an accessory use and seasonal outdoor retail sales not exceeding 90 consecutive days in a 12-month period shall be permitted as a principal or accessory use in the following zoning district classifications provided they meet all requirements of this section and all other requirements established in this ordinance:

C-1 Central Business

C-2 Secondary Business

C-3 Highway Business

PMDCZD Planned Manufacturing Development Conditional Zoning District

I-1 Industrial

PCDZD Planned Commercial Development Conditional Zoning District

CMU Central Mixed Use

GHMU Greenville Highway Mixed Use

HMU Highway Mixed Use

UVCZD Urban Village Conditional Zoning District

6-9-2.2 Location. The following standards shall apply to the location of outdoor retail sales, outdoor retail display and outdoor retail storage areas:

a)

Outdoor retail sales, outdoor retail display and outdoor retail storage areas shall not be located within any required front, side or rear yard areas or required building setbacks.

b)

Outdoor retail sales, outdoor retail display and outdoor retail storage areas shall not disrupt the normal function of the site or its pedestrian or vehicular circulation.

c)

Outdoor retail sales, outdoor retail display and outdoor retail storage areas shall be located so as not to interfere or conflict with sidewalks or pedestrian ways. A minimum of five feet of continuous unobstructed sidewalk width shall be maintained for pedestrian flow along all sidewalk and pedestrian areas provided on a lot in order to prevent pedestrians and others from having to enter the parking lot or drive aisle to maneuver around the display or storage area.

d)

Outdoor retail sales, outdoor retail display and outdoor retail storage areas shall not be located within any required vehicular parking spaces, loading areas, landscape areas, interior access drives, open space, common open space, fire lane, emergency access or egress areas. Sidewalks counted towards meeting common open space requirements may be used for outdoor display areas. Vehicular parking spaces in excess of the minimum required may be used for outdoor retail display and outdoor retail storage areas.

e)

Outdoor retail sales and display areas shall be allowed along the front, side and rear of a building.

f)

Outdoor retail storage areas shall be limited to the side and rear of a building.

6-9-2.3 Size. Outdoor retail sales, outdoor retail display and outdoor retail storage areas shall not exceed a combined area equal to ten percent of the gross floor area of the principal structure. When a business or tenant occupies a portion of a principal structure, the maximum area allowed for each business or tenant shall not exceed ten percent of the gross floor area occupied by that business or tenant. Seasonal outdoor retail sales permitted as a principal use are exempt from this size provision.

6-9-2.4 Height. The height of an outdoor retail display shall not exceed eight feet as measured from finished grade. This height limitation shall not apply to individual items which by their nature exceed eight feet in height.

6-9-2.5 Screening. The following standards shall apply to the screening of outdoor retail storage areas:

a)

All stored inventory shall be fully screened from adjacent properties, parking areas, pedestrian areas, public streets and private streets. Screening materials shall be opaque. Examples of opaque screening materials include chain link fences with winged privacy slats, solid board, solid vinyl and stockade fences, masonry walls and densely planted vegetation.

b)

The height above grade of screening shall be at least six feet and shall not exceed the lesser of 20 feet or the height of the roofline.

6-9-2.6 Site plan required. Outdoor retail storage areas shall be shown on a site plan and are subject to site plan approval by the community development director.

6-9-2.7 Exemptions. The temporary storage of materials and equipment used during construction of a building or structure for a period not to exceed one year and for which a valid building permit is issued are exempt from these provisions.

For purposes of administering this section, the term "storage containers" shall include "storage trailers". Storage containers shall require permits from the community development director or a designee; they shall be removed from the premises upon which they are located upon the expiration of the time period designed in the permit. Two storage containers per lot shall be permitted for a period not exceeding 180 consecutive days in a 12-month period. Storage containers shall meet all setback requirements for the zoning district in which they are located and shall be placed in the rear yard wherever possible. No storage container shall be permitted on a vacant lot. No storage container shall contain facilities for utility service. No storage container shall display any signs, lettering or advertising device, with the exception of a required owner identification sign with letters not to exceed three inches in height. This sign shall contain the name, address and phone number of the owner and may also contain a storage container identification number. These regulations shall not apply to the following:

a)

Construction service trailers used for offices or for storage of tools or materials on job sites for the duration of construction;

b)

Storage trailers used as construction service facilities which are a portion of the inventory of the equipment used by the business to transport materials from one job to another, and not used for purposes of storage;

c)

Storage trailers, on the lot of a storage trailer sales or rental business, that constitute part of the inventory of such business and that are not currently used for purposes of storage.

Storage containers shall be permitted only in the C-3, PCD and I-1 zoning district classifications. Enforcement of these provisions shall be accomplished through article IX, below.

It shall be unlawful for any person to place or maintain any manufactured/mobile home used for human habitation or to use any manufactured/mobile home for living, sleeping or business purposes on any premises within the city's planning jurisdiction except upon premises located within a manufactured/mobile home park, a permit for which has been granted pursuant to the requirements of this chapter; provided; however, one manufactured/mobile home may be parked or temporarily stored on any premises outside of manufactured/mobile home park for a period not exceeding 72 hours, and provided further no living quarters are maintained nor any business conducted therein while such manufactured/mobile home is so parked or temporarily stored. These regulations shall not apply to the following:

a)

Manufactured/mobile homes used for office on job sites for the duration of construction;

b)

Manufactured/mobile homes which have been issued temporary use permits in accordance with section 8-3 of this ordinance;

c)

One manufactured/mobile home used as an office on a manufactured/mobile home sales lot. Only one such home may be used as an office.

It is the intent of this section that sidewalks shall be provided in residential zoning districts on one side of every street and in nonresidential districts along both sides of the street.

Where sidewalks are required by this Section 6-12, sidewalks shall be constructed from property line to property line within the street right-of-way, or, in the alternative, within areas set aside by dedication, or otherwise, in accordance with the city's sidewalks and driveway entrance standards.

For purposes of this section, distance is measured between closest points of the properties' boundaries, as the crow flies.

(Ord. No. 22-44, 7-7-22)

Sidewalks shall be required for new construction in areas zoned PRDCZD, PMH, R-40, R-40 CZD, R-20, R-20CZD, R-15, R-15CZD, R-10, R-10CZD, R-6, R-6CZD, when one of the following conditions is present:

a)

When the property adjoins property with an existing sidewalk;

b)

When the property adjoins property for which a development approval, or other governmental approval (e.g. conditional zoning) has been issued requiring the construction of sidewalks;

c)

When an existing segment of sidewalk is within 400 feet of the property on the same side of the street;

d)

When the required sidewalk for a property described in Section 6-12-1(b) is within 400 feet of the property on the same side of the street;

e)

The development contains multi-family uses.

f)

When the property is within one half mile of a public or private school, public or private hospital, public library, public safety station (e.g. police, fire, rescue), public transit stop or station, courthouse, government administrative office building, public park, public greenway, or any of the foregoing contained within a local government capital improvement plan (CIP).

In the case of corner lots, sidewalk requirements shall be met along both streets.

(Ord. No. 22-44, 7-7-22)

Notwithstanding subsections 6-12-1(a)-(f) above, within the city's area of extraterritorial jurisdiction sidewalks shall not be required in the following circumstances:

a)

The construction of a single-family or two-family dwelling on previously platted property.

(Ord. No. 22-44, 7-7-22)

The city manager may require that a sidewalk be built across the street from the site of new construction when the following conditions exist:

a)

No sidewalk adjoins the site;

b)

A sidewalk exists on the other side of the street within 400 feet of the site; and

c)

There is no legal impediment to constructing the sidewalk on the other side of the street.

In cases where a sidewalk already exists on the opposite side of the street for the entire length of the city block where the subject property is located, and no sidewalk exists along the properties adjacent to the subject property, then a sidewalk is not required to be built along the frontage of the subject property.

(Ord. No. 22-44, 7-7-22)

No sidewalks shall be required in the following locations:

a)

Along freeways and interstate highways maintained by NCDOT. As used herein the terms "freeway" shall mean streets designated as a freeway on the Comprehensive Transportation Plan for French Broad River MPO, as amended.

b)

Along alleys and accessways to individual lots not served by a street; and

c)

Along gravel streets.

(Ord. No. 22-44, 7-7-22)

In all other zoning district classifications sidewalks shall be required for new construction from property line to property line. In the case of corner lots, sidewalks shall be provided along both streets.

Furthermore, if the new construction is intended for a commercial, industrial, or institutional use, sidewalks shall be required to connect street sidewalks with any building entrances intended for public use.

(Ord. No. 22-44, 7-7-22)

In lieu of requiring construction of the sidewalks, the city manager may allow the applicant to pay a fee of $75.00* per linear foot of sidewalk not constructed, which is hereby determined to be the cost of constructing sidewalks, into the city sidewalk fund when one or more of the following conditions exist.

a)

An administrative decision is made determining that construction of sidewalks will not result in useful pedestrian walkways due to one or more of the following:

1)

Topographical features will result in impractical design.

2)

The lack of adjacent right-of-way for the construction of future sidewalk on adjacent properties.

b)

The sidewalk location is not identified as a short-term recommendation, long-term recommendation or included as part of the comprehensive recommended pedestrian network in the most recently adopted City of Hendersonville Pedestrian Plan.

* In the event that the City of Hendersonville includes the fee for this Section 6-12-3 in the city's fee schedule, the fee as stated in the fee schedule shall be deemed to control.

As an alternative to a payment in lieu of the installation and construction of sidewalks or a portion thereof, the city manager may approve the applicant constructing an equivalent linear footage of sidewalk off site. The specific location for the sidewalk construction shall be at the city manager's discretion. The off-site sidewalk construction shall be completed, inspected and approved prior to a certificate of occupancy being issued.

(Ord. No. 22-44, 7-7-22)

It shall be a violation of this ordinance to operate any use in such a fashion as to constitute a nuisance as specified in this section.

Other than ordinary construction activities, no use shall be operated so as to generate recurring noises that are unreasonably loud, cause injury, or create a nuisance to any person of ordinary sensitivities. No nonresidential use shall be operated so as to generate any noise in an adjacent district, as detected in that district without instruments, that is louder than the noise which could be generally expected from uses permitted in that district. Noise occurring activities shall also be in conformance with chapter 20 of the City Code.

No use shall emit fumes, gases, or odors in concentrations or amounts that cause injury or create a nuisance to any person of ordinary sensitivities on another property.

Other than ordinary construction activities, no use shall be operated so as to generate inherent or recurring ground vibrations detectable at the property line which create a nuisance to any person of ordinary sensitivities on another property.

Lighting facilities, if provided, shall be aimed, directed, shielded or arranged to mitigate off-site lighting trespass to surrounding properties.

(Ord. No. 23-05, 2-8-2023)

The burden of proof shall rest with the applicant in all proceedings required or authorized by this ordinance.

6-15-1.1 Setbacks for existing roadways. Applicants for development authorization for parcels adjoining existing roadways identified in the comprehensive transportation plan shall propose locations for structures and other improvements which do not encroach upon the proposed rights-of-way listed in such plan.

6-15-1.2 Variances. A variance from the provisions of this section may be granted by the board of adjustment or by city council, as appropriate, upon demonstration:

(1)

Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.

(2)

The hardship results from conditions that are peculiar to the property, such as location, size or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance.

(3)

The hardship did not result from actions taken by the applicant or property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.

(4)

The requested variance is consistent with the spirit, purpose and intent of the ordinance, such that public safety is secured, and substantial justice is achieved.

a)

Whenever a tract of land located within the planning jurisdiction of the city is proposed for a use requiring development authorization under article VII below, and a portion of it is embraced within a corridor for a street or highway on a plan established and adopted pursuant to G.S. 136-66.2, the city may require the applicant to dedicate for street or highway purposes the right-of-way within such corridor. If the city elects to require such dedication it shall allow the applicant to transfer density credits attributable to the dedicated right-of-way to contiguous land owned by the applicant. No dedication of right-of-way shall be required pursuant to the subsection unless the entity granting development authorization shall find, prior to the grant, that the dedication does not result in the deprivation of a reasonable use of the original tract and that the dedication is either reasonably related to the traffic generated by the proposed subdivision or use of the remaining land or the impact of the dedication is mitigated by measures provided elsewhere in the zoning ordinance.

b)

If the city does not require the dedication of right-of-way within the corridor pursuant to subsection a), above, but an applicant for development authorization elects to dedicate the right-of-way, the city may allow the applicant to transfer density credits attributable to the dedicated right-of-way to contiguous land that is part of a common development plan.

These common open space standards are established in order to provide for the reservation of open spaces in both residential and non-residential developments located in Hendersonville and its area of jurisdiction. Preservation of open space in developing areas serves a variety of purposes, including meeting the recreational needs of residents, reducing stormwater runoff, and enhancing air quality. The standards set forth below provide for the protection of common open space in both residential and non-residential developments. The term common open space, as used herein, means that the land is available for the enjoyment of residents of a residential development and invitees of a nonresidential development rather than the public at large.

These requirements shall apply to all planned residential development conditional zoning districts and major subdivisions (consisting of nine or more lots):

a)

There shall be reserved for the use of all residents of the development either ten percent of the project area or 500 square feet per dwelling unit, whichever is more.

b)

Land reserved to meet the requirements of this section shall meet the following standards:

1)

Open water, wetlands, and floodplains may be used for up to 50 percent of the reservation requirement;

2)

Land that is burdened with easements may be used provided that the easements do not interfere with the use of the land for open space and recreation purposes and do not permit future development; and

3)

Perimeter setbacks may provide up to 50 percent of the required common open space, exclusive of perimeter landscaping and buffering.

c)

The following types of land are unacceptable for common open space reservation:

1)

Land occupied by streets, drives, parking areas, or structures other than recreational structures;

2)

Land containing or contaminated by hazardous materials or other materials considered objectionable by the Community Development Director or a designee;

3)

Land which exceeds a 33 percent slope for more than 50 percent of the property area;

4)

Land with a minimum width of less than 24 feet unless specifically approved by the community development director or a designee; and

5)

Areas designated as open space for individual units

d)

All common open space shall be set aside and improved no later than the following applicable date:

1)

For subdivisions: prior to the sale of any lot;

2)

For planned residential development conditional zoning districts: No later than the date on which certificates of occupancy are issued for the first 75 percent of the total number of dwelling units to be constructed in the project area.

e)

Any structures located in any common open space shall be accessory to recreational use of the space.

f)

The required common open space shall be planned and improved so that it is accessible and usable by persons living in the development. Common open space containing natural features worthy of preservation may be left unimproved.

g)

Arrangements for the perpetual maintenance of common open space must be approved in writing by the community development director or a designee. Any conveyance to a homeowners association shall be subject to restrictive covenants and easements reviewed by the community development director or a designee and recorded and filed in accordance with the times specified in paragraph d), above. The covenants and easements shall prohibit future development of any common open space for other than open space or recreation purposes and shall provide for continued maintenance of any common open space and recreational facilities.

These requirements shall apply to all non-residential developments which are subject to site plan review pursuant to section 7-3 or a conditional zoning district pursuant to section 7-4.

a)

At least ten percent of the project area shall be devoted to common open space.

b)

Common open space for non-residential developments shall be used for landscaping, lawns, screening or buffering. It may not contain any streets, parking or loading areas, outdoor storage, trash handling, utility or service areas, or areas with impervious surfaces other than sidewalks, recreational facilities and meeting areas.

c)

Planting, installation, and maintenance of common open space shall be done in accordance with the standards contained in article XV, below.

Should any section or provision of this zoning ordinance be declared invalid by any court, such declaration shall not affect the validity of the zoning ordinance as a whole or any part thereof which is not specifically declared to be invalid.

The purpose of a transportation impact analysis (TIA) is to assess the impact of a proposed development on the existing transportation system. A TIA will (1) ensure that the transportation network has adequate capacity to handle projected transportation demand associated with the project, (2) identify problems with the transportation system, (3) delineate solutions to identified problems, and (4) identify improvements to be incorporated into the proposed development.

Applicants for development authorization in which the proposed development, redevelopment, or change of use is expected to generate 100 or more peak-hour trips (a.m. or p.m.) or 1,000 or more trips daily shall have prepared by a qualified professional a TIA meeting the guidelines established in this section. In addition to the foregoing, the community development director shall have the discretion to require a TIA when a development's traffic will substantially affect an intersection or a roadway segment already identified as operating at a failing level of service, when a development may create a hazard to public safety, or when a development will substantially change the off-site transportation system or connections to it.

An applicant for development authorization for any project expected to meet or exceed one or both of the TIA thresholds specified in section 6-19-1, above, shall schedule a pre-submittal conference with the city. The engineering firm selected to prepare the TIA shall attend this meeting the purpose of which is to establish the study area, the trip distribution, the traffic counts to be utilized, approved developments in the area, pass-by and internal capture percentages, additional hours of analysis, if required (other than a.m. or p.m. peak), and resolve any other questions specific to the site.

Three copies of the TIA, if required, shall accompany the application for development authorization. The TIA shall be submitted at least 24 days prior to the Planning Board meeting in order to allow adequate time for review. The TIA shall be prepared by a licensed engineer registered to practice in the State of North Carolina who shall have traffic assessment and transportation management experience. At a minimum, the TIA shall include the following:

a)

Study purpose and objectives;

b)

Description of the site and study area boundaries including appropriate mapping and rationale for selection of the study area boundaries;

c)

A summary of existing conditions including, but not limited to, surrounding street and key intersection traffic volumes (daily and peak-hour), turning movements, capacities, safety deficiencies, and funded transportation improvements;

d)

Anticipated or approved development in the area;

e)

Trip generation, trip distribution, and discussion of the following:

1)

Trip generation rates shall be based on trip generation rates contained in the latest edition of Trip Generation published by the Institute of Transportation Engineers (ITE). The applicant shall also provide the ITE code used to identify the development trip generation rate and assumptions used or data collected for any variations from generally accepted ITE rates or equations.

2)

Pass-by trip factors and assumptions.

3)

Internal trip assumptions for mixed use developments.

4)

Trip distribution assumptions.

f)

Projection of future traffic volumes and assessment of future roadway and intersection operating conditions for the year of the ultimate completion of the project. All projections should specifically document projected background traffic as well as the traffic generated by the proposed development. If the project is to be phased; projections for each phase of the development is required. If the un-phased build-out period of the project is greater than nine years, then a minimum of one intermediate and one full build-out projection is required. All projections and assessments should include the following three scenarios:

1)

No build;

2)

The development as proposed;

3)

The development as built with any necessary improvements.

g)

Analysis of the key elements of the development and evaluation of the impacts of the development on the following:

1)

Generalized peak hour and/or daily link level of service (LOS) analysis. Using the peak hour directional volumes and daily traffic volumes forecast and service thresholds, a general evaluation shall be made of the street system for the short term and long-term horizon years. If the project is to be phased; then an assessment of conditions after the completion of each phase of the development is required. Incremental differences attributable to the land use action shall be identified. A map showing generalized levels of service shall be presented for each design year.

2)

Access analysis. The design, number, and location of access points to collector and arterial roadways must be fully analyzed. The number of access points shall be kept to a minimum and be designed to be consistent with the type of roadway facility. All access points, regardless of the classification of the roadway facility the access points connect to, shall follow the North Carolina Department of Transportation's most current Policy on Street and Driveway Access to NC Highways. In areas where current evidence suggest there is a higher than average crash rate, an access analysis may be required to include a safety evaluation of the corridor. This may include the collection and analysis of crash history in an effort to determine causational factors. This information may influence the exact location and design of proposed access points.

3)

Intersection analysis (signal warrant analysis, phasing analysis, intersection crash analysis and progression analysis). The appropriateness of the development's access locations and type must be established. For full-access locations, a signal warrant analysis based on the Manual on Uniform Traffic Control Devices must be conducted for each design year. Traffic signals specifically warranted by the land use action shall be identified.

4)

Peak hour intersection level of service. An a.m. and p.m. peak hour intersection level of service analysis shall be conducted for each intersection, based on procedures specified in the most recent release of the Highway Capacity Manual. Levels of service for signalized intersections shall be based on the signal timings developed for the signal progression analysis.

5)

Turn lane requirements and storage. Turn lane storage needs shall be identified for the "warranted" situation, based on projected turning volumes and NCDOT guidelines. Appropriate documentation of the calculations must be provided.

6)

Sight distance. The identification of sight distances at all development entrances shall be conducted.

7)

Appropriateness of acceleration or deceleration lanes. All proposed development access points on arterials shall be evaluated to determine the need for acceleration lanes or deceleration lanes, with justification and basis provided for recommendations.

8)

Pedestrian and bicycle analysis. Continuity and adequacy of pedestrian and bike facilities shall be provided to the nearest attraction (exiting or planned) within one-fourth mile of the development site. Destinations of significance include bus stops, elementary schools, parks, activity centers and major bicycle facilities. Adherence to the Americans with Disabilities Act (ADA) shall be required.

9)

Public transportation analysis. Existing and proposed (if any) public transportation facilities analysis shall be provided.

10)

Special analysis/issues. The city may require specific focused traffic analyses relative to the proposed development.

h)

Recommendations for site access and transportation improvements or mitigation measures needed to maintain traffic flow to, from, within and adjacent to the proposed development at an acceptable and safe level of service (generally assumed at LOS D or better). Any recommendations for roadway improvements should identify funding sources for these improvements.

i)

Data collected for the study shall be made available to the city for evaluation of the study conclusions. The format for date submission as well as format for data to be provided to the city will be determined at a pre-consultation meeting between the applicant and the city.

The TIA shall be submitted for review and shall be of sufficient scope and detail to allow the evaluation of the impact of the development and the need for roadway capacity, operation and safety improvements resulting from the development. City comments regarding the review of the TIA shall be relayed by the city to the engineering firm who prepared the TIA. Any additional operational deficiencies, mitigation measures and/or safety concerns identified during the review of the TIA shall be addressed by the engineering firm who prepared the TIA. A letter of approval shall be issued by the city once the TIA is determined to be complete.

In those cases where the city or the North Carolina Department of Transportation requires improvements to be constructed in order to accommodate additional traffic generated by the proposed development, the improvements shall be funded and/or constructed by the project developer in accordance with the standards and direction provided by the city or by the North Carolina Department of Transportation. The improvements shall be in place or under construction prior to issuance of any certificate of occupancy or certificate of completion required for any phase or portion of the project.

(Ord. No. 19-1075, § 1, 10-3-19)

Intent. The purpose of these standards is as follows:

a)

Minimize adverse offsite impacts of lighting such as light trespass and obtrusive light.

b)

Curtail light pollution, reduce skyglow and improve the nighttime environment.

c)

Help protect the natural environment from the adverse effects of artificial lighting at night.

d)

Conserve energy and resources to the greatest extent possible.

The lighting standards of this section shall be applicable as follows:

a)

Non-residential uses shall be subject to these standards. For the purposes of these standards non-residential shall include, but not be limited to, commercial, institutional, educational, industrial, etc.

b)

Multi-family residential uses shall be subject to these standards. For the purposes of these standards multi-family residential shall include all residential uses with three or more attached dwelling units.

c)

Residential uses shall be exempted from these standards. For the purposes of these standards, residential uses shall include all single family & two-family residences.

d)

Street and roadway lighting shall be exempt from these standards. Street and roadway lighting are subject to the standards of the City of Hendersonville Code of Ordinances (chapter 46, article VI).

e)

For the purposes of these standards the term "stream buffer" shall refer to the term as defined in section 17-3 of this appendix.

f)

All new exterior lighting fixtures and site lighting installed, after the effective date of this section and within the zoning jurisdiction of the City of Hendersonville, shall comply with the standards established in sections 6-19.2., 6-19.3. and 6-19.4. unless exempted.

a)

Lighting fixtures shall be designed with an uplight rating of U0 per IES TM-15 and designed to limit backlight trespass.

b)

New floodlights shall be prohibited. Replacement area lighting shall be shielded to prevent uplight and to prevent front, side, and/or back light depending on the implications on surrounding properties.

c)

All wall pack lights shall be full cutoff and shielded.

d)

The following applications are exempted from 6-19-2 (a), (b) & (c); all other standards of section 6-19 shall apply:

i.

flagpoles.

ii.

sports facilities.

iii.

temporary construction sites.

iv.

correctional facilities.

v.

lighting used solely for signage (see sign regulations).

vi.

temporary lighting as needed under emergency conditions.

vii.

low voltage landscape lighting.

viii.

temporary holiday lighting.

ix.

ornamental and architectural lighting of/for;

1.

bridges,

2.

public monuments,

3.

statuary,

4.

church; spires, belfries, cupolas and domes not intended for human occupancy,

5.

structures individually listed on the National Register of Historic Buildings or considered contributing within a National Register Historic District,

6.

publicly owned buildings,

e)

The nominal CCT of lighting fixtures shall be ≤ 4,000K

f)

The CRI of lighting fixtures shall be ≥ 70.

a)

Lighting levels and placement shall be designed in accordance with applicable 2020 Illuminating Engineers Society (IES) Lighting Library Standards Collection recommended practices.

b)

The maximum light level using maintained lumens shall be no more than 1.0 foot candles for a non-residential to residential/multi-family residential use interface at the ground level of the property line.

c)

The maximum light level using maintained lumens shall be no more than 1.0 foot candles for a multi-family residential-to-residential use interface at the ground level of the property line.

d)

The maximum light level using maintained lumens shall be no more than 0.0 foot candles for a non-residential/multifamily residential to stream buffer interface at the ground level of the edge of the stream buffer.

e)

No lights shall be installed within a stream buffer except as described below. Lighting may be permitted within a stream buffer only where facilities exempted under section 17-3-5 are located and shall be oriented to minimize light intrusion within the stream buffer.

f)

For the purposes of this section maintained lumens shall mean L80 or 80 percent of initial lumens.

g)

Sites with compliant lighting plans shall be deemed compliant with these standards when the fixtures are installed as shown on an approved lighting plan as to type, orientation, location, height, shielding and rating of fixtures.

h)

A lighting plan is not required to take into account lighting sources external to the site.

Non-compliant lighting installed prior to the effective date of this section shall be considered non-conforming and may continue to be used in accordance with the non-conforming standards found in section 6-2-5.

(Ord. No. 23-05, 2-8-23)