This part III contains the development regulations pertaining to zoning within the planning and development regulation jurisdiction of the Town of Weaverville and shall be known and cited as the zoning regulations of the Town of Weaverville, North Carolina, and may be referred to as the "zoning ordinance."

(Ord. of 5-24-2021(1), § 5)

The zoning regulations contained in this Part III are adopted under the authority and provisions of Chapter 160D of the North Carolina General Statutes, including specifically Article 7 and G.S. 160D-702.

(Ord. of 5-24-2021(1), § 5)

(a)

The zoning regulations contained in this part III shall be applicable to the use of all land or buildings and to the development of land within the town's planning and development regulation jurisdiction.

(b)

With these regulations the town divides its territorial jurisdiction into zoning districts best suited to carry out its planning and development purposes. These districts regulate and restrict the erection, construction, reconstruction, alteration, repair, and/or use of buildings, structures, and land.

(c)

No building or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, altered, repaired, or moved except in conformity with the regulations of this part III applicable to the district in which the building, structure or land is located, as the same may from time to time be amended.

(Ord. of 5-24-2021(1), § 5)

(a)

These zoning regulations are made in accordance with a comprehensive plan and are designed to promote the public health, safety, and general welfare. To that end, these regulations may address, among other things, the following public purposes: to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to lessen congestion in the streets; to secure safety from fire, panic, and dangers; to facilitate the efficient and adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and to promote the health, safety, morals, or general welfare of the community.

(b)

These regulations are made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land through the town's planning and development regulation jurisdiction.

(c)

The regulations contained herein do not permit, as a basis of denying a zoning or rezoning request from a school, the level of service of a road facility or facilities abutting the school or proximately located to the school.

(Ord. of 5-24-2021(1), § 5)

The definitions found in Code chapter 20, part I, article II shall apply.

In accordance with G.S. 160D-706(b), nothing contained herein shall be construed to define building, dwelling, dwelling unit, bedroom, or sleeping unit, inconsistently with any definition of those terms in another statute or in a rule adopted by a State agency, including the State Building Code Council.

(Ord. of 5-24-2021(1), § 5)

(a)

Types of zoning districts. Zoning districts within the town's planning and development regulation jurisdiction include the following:

(1)

Conventional districts, in which a variety of uses are allowed as permitted uses or uses by rights and uses permitted with standards;

(2)

Overlay districts, in which different requirements are imposed on certain properties within one or more underlying conventional or conditional districts;

(3)

Conditional districts, in which site plans or individualized development conditions are imposed.

(b)

Uniformity within districts. Except as authorized by the foregoing, all regulations shall be uniform to each class or kind of building throughout each district but the regulations in one district may differ from those in other districts.

(c)

Standards applicable regardless of district. These regulations and the land development ordinance may include development standards that apply uniformly jurisdiction-wide rather than being applicable only in particular zoning district.

(Ord. of 5-24-2021(1), § 5)

For the purpose of reducing the amount of energy consumed by new development, these regulations may grant density bonuses, make adjustments to otherwise applicable requirements, or provide other incentives within its planning and development regulation jurisdiction, if the person receiving the incentives agrees to construct new development or reconstruct existing development in a manner that the town determines, based on generally recognized standards established for such purposes, makes a significant contribution to the reduction of energy consumption and increased use of sustainable design principles.

(Ord. of 5-24-2021(1), § 5)

(a)

Quasi-judicial procedures. The board of adjustment shall follow quasi-judicial procedures as specified in G.S. 160D-406 and Code section 20-1309 when making any quasi-judicial decision.

(b)

Appeals of administrative decisions. Except as otherwise provided by G.S. Chapter 160D, the board of adjustment shall hear and decide appeals from administrative decisions regarding administration and enforcement of all development regulations and may hear appeals arising out of any other ordinance that regulates land use or development. A majority vote of the members shall be required to decide an appeal. The provisions of G.S. 160D-405 and Code section 20-1308 governing appeals of administrative decisions, and G.S. 160D-406 and Code section 20-1309 governing quasi-judicial procedure are applicable to these appeals.

(c)

Special use permits. The board of adjustment shall hear and decide special use permits in accordance with principles, conditions, safeguards, and procedures specified in Code section 20-3204. A majority vote of the members shall be required to issue a special use permit.

(d)

Variances. When unnecessary hardships would result from carrying out the strict letter of a zoning regulation, the board of adjustment shall vary any of the provisions of the zoning regulation when, based on competent, material, and substantial evidence, it finds all of the following:

(1)

Unnecessary hardship would result from the strict application of the regulation. It is not necessary to demonstrate that, in the absence of the variance, no reasonable use can be made on 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. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability;

(3)

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

(4)

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

(5)

The requested variance is not a request to permit a use of land, building, or structure which is not permitted in the zoning district in which the property is located; and

(6)

The requested variance is not a request to permit a prohibited sign or to eliminate a required sidewalk.

Appropriate conditions may be imposed on any variance, provided the conditions are reasonably related to the variance. Other development regulations that regulate land use or development, including the subdivision regulations, may provide for variances from the provisions of those ordinances consistent with the provision of this section. The concurring vote of four-fifths (4/5) of the board of adjustment shall be necessary to grant a variance. Approved variances are required to be recorded with the Buncombe County Register of Deeds upon approval.

(e)

Vegetative screening and/or buffer waivers. The board of adjustment shall have the authority to alter or eliminate the required vegetative screening or buffering requirement where the lot requiring the vegetative screen and the adjacent lot zoned residential are in single ownership or upon receipt of a notarized statement waiving or modifying the screening provisions of this chapter, between the owner of the lot requiring the vegetative screen and the owner of the adjacent lot zoned residential. These waivers may be granted by the board upon a majority vote of the members based on competent, material, and substantial evidence and any such agreements shall be attached to the approved waiver.

(Ord. of 5-24-2021(1), § 5; Ord. of 11-22-2021(1), § 5; Ord. of 5-23-2022(2), § 6; Ord. of 1-22-2024(1), § 6)

(a)

When regulations made under authority of Article 7 of G.S. Chapter 160D require a greater width or size of yards or courts, or require a lower height of a building of fewer number of stories, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required in any other statute or local ordinance or regulation, the regulations made under authority of Article 7 of G.S. Chapter 160D shall govern. When the provisions of any other statute or local ordinance or regulation require a greater width or size of yards or courts, or require a lower height of a building or a fewer number of stores, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required by the regulations made under authority of Article 7 of G.S. Chapter 160D, the provisions of that statute or local ordinance or regulation shall govern. If there are conflicting provisions within this article then the more restrictive provisions apply.

(b)

When adopting regulations under Article 7 of G.S. Chapter 160D, a local government may not use a definition of building, dwelling, dwelling unit, bedroom, or sleeping unit that is inconsistent with any definition of those terms in another statute or in a rule adopted by a State agency, including the State Building Code Council.

(Ord. of 5-24-2021(1), § 5)

A zoning permit shall be obtained from the zoning administrator before beginning any construction on any lot within the town's zoning jurisdiction. No lot shall be graded so as to alter its contour and no building or other structure shall be erected, moved, added to, or structurally altered prior to the issuance of said zoning permit. In no event will the zoning administrator approve any permit for the grading of any lot or the construction or alteration of any building if such building, or its intended use would be in violation of any of the provisions of this chapter, or if the contour of any lot would be altered or graded in violation of the screening and buffering requirements of this chapter.

(a)

Application for permit. All applications for zoning permits shall be accompanied by such information as the zoning administrator determines as needed for a full review of the request. The zoning administrator shall ensure that all applications are compliant with the applicable sections of this chapter prior to issuance of permit or transmittal to the decision-making board.

(b)

Issuance of zoning permit. Prior to issuing a zoning permit the zoning administrator shall first review the application and supporting documentation to determine compliance with all of the applicable requirements of this chapter. If the plans show that the proposed construction meets all of the requirements of this chapter the zoning administrator shall, prior to the issuance of the zoning permit, make an inspection of the site to determine that the actual location of all existing or proposed buildings or structures, parking areas, buffer strips etc. are located as shown on the plans. If the services of the town engineer or of a registered land surveyor are required to assure that the actual locations, on the ground, are as shown on the plans, the cost of this service shall be paid by the applicant prior to issuance of the zoning permit. Any such charges shall be in addition to the normal charges for such zoning permit. After the zoning administrator finds that the plans and on-site locations meet the requirements of this chapter, the administrator shall issue a zoning permit stating that the proposed construction, if built as located, meets the provisions of this chapter and that the applicant can apply for building and other permits. When reviewing proposed uses of land related to new commercial, industrial or multi-family residential development, or uses which require the issuance of or an amendment to a special use permit or the adoption of a conditional zoning district, the planning director shall coordinate an evaluation of the proposed development with a technical review committee consisting of members of individual municipal departments, including but not limited to the fire marshal and public works director or their designees, who may offer expertise on the proposed development. The technical review committee shall offer an opinion on the proposed development to the planning board and town council based upon the committee's findings or compliance with various sections of municipal ordinance and relevant federal and state laws, rules and regulations.

While it may be obvious that a proposed building or structure to be located on a large tract of land meets the setback requirements by simple observation, actual field measurements would be required to determine compliance on a typical residential lot. All such measurements must be made from actual property or right-of-way lines using property corner or right-of-way markers. It may be assumed that the paved portion of any street or alley is in the center of the right-of-way for this purpose only if the right-of-way of record cannot be otherwise established by actual surveys.

(c)

County permits required. After the zoning permit is approved and issued, the applicant shall apply to the Buncombe County Permits and Inspections Department, or any successor thereto, for building, plumbing, electrical or other required permits. If such permits are not issued within 60 days after issuance of the zoning permit, the zoning permit shall become invalid.

(d)

Construction progress. If no substantial construction progress has been made within 180 calendar days of the date of the issuance of the zoning permit, or if work is suspended for 365 calendar days, the zoning permit shall become invalid; provided, however, the zoning administrator may extend the time for substantial construction progress to be made by up to 180 calendar days, for good cause shown. This provision shall not be applicable, however, for time periods for projects in conditional districts, which shall be governed by Code section 3203 or special use permits, which shall be governed by Code section 20-3204.

(Ord. of 5-24-2021(1), § 5; Ord. of 5-23-2022(2), § 7)