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Weaverville City Zoning Code

ARTICLE II

- CONVENTIONAL DISTRICTS, OVERLAY DISTRICTS, CONDITIONAL DISTRICTS, TABLE OF USES, TABLE OF DIMENSIONAL REQUIREMENTS, ZONING MAP AND DISTRICT BOUNDARIES, AND MISCELLANEOUS

Sec. 20-3201. - Conventional districts.

The following conventional districts are hereby established:

(a)

R-1 district. The primary residential district is established in which the principal use of the land is for single family residential purposes and the regulations for the R-1 district are established in order to protect the existing residential development and promote a suitable environment for residential life in a low density community.

(b)

R-2 district. The transitional residential district is established in which the principal use of the land is for residential purposes and the regulations for the R-2 district are established in order to protect the existing residential development and protect and promote a suitable environment for residential life in a moderate density community.

(c)

R-3 district. The general residential district is established in in which the principal use of the land is for residential purposes and the regulations for the R-3 district are established in order to protect the existing residential development and protect and promote a suitable environment for residential life with a higher allowable density than the R-1 and R-2 districts.

(d)

R-12 district. The multi-unit residential district is established in which the principal use of the land is for residential purposes and the regulations for the R-12 district are established in order to provide a location for multi-unit residential development such as apartments and to provide regulations to minimize the effects of higher density residential uses.

(e)

C-1 district. The central business district is established in which the principal use of the land is for retail and food service businesses and the regulations for the C-1 district are established in order to protect the present retail businesses and service development within the district and promote future development within the district of businesses compatible with a vibrant, walkable main street.

(f)

C-2 district. The general business district is established in which the principal use of the land is for commercial development and the regulations for the C-2 district are established in order to promote current and future development of businesses which are required to serve the needs of residents of the town with convenience shopping, goods and services.

(g)

I-1 district. The light industrial district is established in which the principal use of the land is for light industrial development and the regulations for the I-1 district are established in order to promote industrial development but provide that the noise, dust, glare, and odor of each such industrial operation be kept to a minimum.

(Ord. of 5-24-2021(1), § 5)

Sec. 20-3202. - Overlay districts.

The following overlay districts are hereby established:

(a)

MHO District. The manufactured home overlay district is established and intended for application to those areas of the zoning jurisdiction where the use or development of manufactured homes on individual lots is consistent with the character of the area and compatible with surrounding developed properties.

(Ord. of 5-24-2021(1), § 5)

Sec. 20-3203. - Conditional districts.

(a)

Intent. It is expected that, in most cases, a conventional district will appropriately regulate site-specific impacts of permitted uses and structures on surrounding areas, however conditional districts provide for those situations where a particular use, properly planned, may be appropriate for a particular site, but where the underlying conventional district has insufficient standards to mitigate the site-specific impact on surrounding area.

(b)

Consideration for any use. Any use may be considered for a conditional district and shall be established on an individual basis, upon petition of the property owner.

(c)

Conditions. Specific conditions may be proposed by the petitioner or by the town, but only those conditions approved by the town and consented to by the petitioner in writing may be incorporated into the zoning regulations. Unless consented to by the petitioner in writing, in the exercise of the authority granted by G.S. 160D-703(b) and this section, the town may not require, enforce, or incorporate into the zoning regulations any condition or requirement not authorized by otherwise applicable law, including, without limitation, taxes, impact fees, building design elements within the scope of G.S. 160D-702(b), driveway-related improvements in excess of those allowed in G.S. 136-18(29) and G.S. 160A-307, or other unauthorized limitations on the development or use of land. Conditions and site-specific standards imposed in a conditional district must be limited to those that address the conformance of the development and use of the site to town ordinances, plans adopted pursuant to G.S. 160D-501, or the impacts reasonably expected to be generated by the development or use of the site.

(d)

Petition. Property may be placed in a conditional district only in response to a petition by all owners of the property to be included. The petition must be signed by all property owners, or agents of the owners, of all of the property to be included in the district and shall be accompanied by a statement analyzing the reasonableness of the proposed rezoning request by the petitioner, the established fee, and documentation as required by the following:

(1)

A preliminary plan or site plan that is substantially in compliance with the mapping standards set out in Code section 20-2504 and supporting information that specifies the actual use or uses intended for the property and any rules, regulations, and conditions that, in addition to all predetermined ordinance requirements, will govern the development and use of the property;

(2)

The number and general location of all proposed structures;

(3)

The proposed use of all land and structures, including the number of residential units or the total square footage of any nonresidential development;

(4)

All yards, buffers, screening, landscaping, and sidewalks required by ordinance, and notations of any deviation from requirements;

(5)

Proposed number and location of the signs;

(6)

Proposed phasing, if any, and the approximate completion time for the project;

(7)

Traffic, parking, and circulation plans, showing the proposed location and arrangement of parking spaces and ingress and egress to adjacent streets, existing and proposed;

(8)

Information on the height of all proposed structures;

(9)

Exterior features of all of the proposed development including but not limited to construction and finishing materials.

(e)

Approval procedure. Except as specifically modified by this section, the procedures to be followed by the planning board and town council in reviewing, granting, or denying any petition for a conditional district shall be the same as those established for zoning map amendments (see Code section 20-1504). The following additional procedures shall also apply for the approval of conditional districts:

(1)

Initial consideration by town council. Petitions for conditional districts shall be initially reviewed by town council. After its initial consideration of a petition for a conditional district, town council shall refer the request to the planning board for the full review process as required by G.S. Chapter 160D. Initial consideration of such petitions are intended to provide town council with the opportunity to express their preliminary thoughts related to the petition but shall not serve as a final determination on same.

(2)

Community meeting. Before a public hearing may be held by the town council on a petition for a conditional district the petitioner must file in the office of the town clerk a written report of at least one community meeting held by the petitioner. The report shall include, among other things, a listing of those persons and organizations contacted about the meeting and the manner and date of contact, the date, time, and location of the meeting, a roster of the persons in attendance at the meeting, a summary of issues discussed at the meeting, and a description of any changes to the rezoning petition made by the petitioner as a result of the meeting. In the event the petitioner has not held at least one meeting pursuant to this subsection, the petitioner shall file a report documenting efforts that were made to arrange such a meeting and stating the reasons such a meeting was not held. The adequacy of a meeting held or report filed pursuant to this subsection shall be considered by the town council but shall not be subject to judicial review. Notice of the community meeting shall be posted on the property and mailed to all the property owners within 200 feet of the property boundaries not more than 25 days nor less than ten days prior to the meeting.

(f)

Approval and ordinance. If a petition for a conditional district is approved, the development and use of the property shall be governed by the ordinance establishing the conditional district, the approved site plan for the district, and any additional approved rules, regulations, and conditions, all of which shall constitute the zoning regulations for the approved conditional district. Each conditional district will be given a special number, distinguishing such conditional district from another zoning district. Each ordinance adopted by town council which establishes a conditional district within the town is hereby incorporated into this chapter as a separate and unique zoning district and shall be reflected on the town's zoning map. Copies of such ordinances shall be kept on file with the town clerk and may be reviewed upon request.

(g)

Time limits. Time limits for the completion of the project's infrastructure and completion of construction may be established as conditions of the conditional district, subject to consent of the property owner. Extensions to established time frames shall be subject to the approval of town council.

(h)

Phasing of projects. Project phasing must be reviewed and approved with the conditional district. Phases must be shown on the site plan that is adopted in conjunction with the ordinance approving the conditional district and the time periods related to the phasing must also be addressed in said ordinance.

(i)

Performance guarantees. At the discretion of the town council, the property owner may be required to post performance guarantees to guarantee the successful completion of required improvements included in the approved conditional district. Such performance guarantees are subject to the provisions of G.S. 160D-804.1.

(j)

Judicial review. Conditional district decisions under this section are legislative decisions that are presumed valid if there is a reasonable basis for the decision.

(k)

Future variance request. Properties subject to a conditional district are not eligible for variances on the approved project.

(l)

Maintaining the conditional district. A conditional district is a rezoning which represents both a text and map amendment and as such is must be maintained after the sale of the property district.

(m)

Modifications. Minor modifications and major amendments to approved conditional districts shall be in accordance with Code section 20-1303.

(n)

Final plat approval process. All water, sewer, stormwater infrastructure, and all street, sidewalk, and similar improvements must be installed and verified as complete by the appropriate authority prior to final plat review. Once the required infrastructure is complete, the final plat is to be reviewed by the zoning administrator and the technical review committee for compliance with the relevant portions of the ordinance approving the conditional district for the project. Upon finding that the required infrastructure is complete and the final plat is in compliance with the ordinance, the planning director, or their designee, shall approve the final plat and authorize the recordation of same. Final plats must contain all applicable information as set out in Code section 20-2504 and Code section 20-2505.

(Ord. of 5-24-2021(1), § 5; Ord. of 5-19-2025(1), § 2)

Sec. 20-3204. - Special use permits.

(a)

Applicability. This section is applicable to the issuance of any special use permit required by this chapter and for any amendment to an existing special use permit.

(b)

Intent. The purpose of this section is to ensure adequate review and control of various specific uses or development proposals which may have a direct influence or impact upon neighboring or contiguous land uses. The review is intended to aid in protecting the private and public values and interests in such land uses, whether residential or commercial in nature.

(c)

Standards. Special use permits may not be issued or amended unless the board of adjustment finds, based on competent, material and substantial evidence, all of the following:

(1)

The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;

(2)

The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property values within the neighborhood;

(3)

The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

(4)

The exterior architectural appeal and functional plan of any proposed structure will not be so at variance with the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or with the character of the applicable district as to cause a substantial depreciation in the property values within the neighborhood;

(5)

Adequate utilities, access roads, drainage, and/or other necessary facilities have been, are being, or will be provided;

(6)

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and

(7)

The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as to such regulations as may, in each instance, be modified by the board of adjustment.

(d)

Conditions. Reasonable and appropriate conditions and safeguards may be imposed upon these permits. Where appropriate, such conditions made include requirements that street and utility rights-of-way be dedicated to the public and that provision be made for recreational space and facilities. Conditions and safeguards imposed under this section shall not include requirements for which local government does not have authority under statute to regular nor requirements for which the courts have held to be unenforceable if imposed by the local government, including, without limitation, taxes, impact fees, building design elements within the scope of G.S. 160D-702(b), driveway-related improvements in excess of those allowed in G.S. 136-18(29) and G.S. 160A-307, or other unauthorized limitations on the development or use of land. The owner must indicate in writing their consent to the reasonable and appropriate conditions and safeguards made a part of the special use permit either prior to or with the issuance of the permit.

(e)

Petition. A special use permit may only be issued in response to a petition by all owners of the property to be included. The petition must be signed by all property owners, or agents of the owners, of all of the property to be included in the permit and shall be accompanied by the established fee, and documentation as required by the following:

(1)

A preliminary plan or site plan that is substantially in compliance with the mapping standards set out in Code section 20-2504 and supporting information that specifies the actual use or uses intended for the property and any rules, regulations, and conditions that, in addition to all predetermined ordinance requirements, will govern the development and use of the property;

(2)

The number and general location of all proposed structures;

(3)

The proposed use of all land and structures, including the number of residential units or the total square footage of any nonresidential development;

(4)

All yards, buffers, screening, landscaping, and sidewalks required by ordinance, and notations of any deviation from requirements;

(5)

Proposed number and location of the signs;

(6)

Proposed phasing, if any, and the approximate completion time for the project;

(7)

Traffic, parking, and circulation plans, showing the proposed location and arrangement of parking spaces and ingress and egress to adjacent streets, existing and proposed;

(8)

Information on the height of all proposed structures;

(9)

Exterior features of all of the proposed development including but not limited to construction and finishing materials.

(f)

Quasi-judicial approval procedure. All special use permit applications shall be submitted to the zoning administrator. The zoning administrator will forward the application to the board of adjustment in accordance with Code section 20-1309(c) and the board of adjustment shall review and decide the matter in strict conformity with quasi-judicial procedures set out in Code section 20-1309. Special use permits may not be issued or amended unless the board of adjustment finds, based on competent, material and substantial evidence, that all of the standards set out in subsection (f) above have been met. Special use permits are required to be recorded with the Buncombe County Register of Deeds upon issuance.

(g)

Time limits. Time limits for the completion of the project's infrastructure and completion of construction may be established as conditions of the special use permit, subject to consent of the property owner. Extensions to established time frames shall be subject to the approval of the board of adjustment.

(h)

Phasing of projects. Project phasing must be reviewed and approved with the special use permit. Phases must be shown on the site plan that is adopted in conjunction with the special use permit and the time periods related to the phasing must also be addressed in said ordinance.

(i)

Judicial review. The issuance or denial of a special use permit is a quasi-judicial decision that is subject to judicial review in the nature of certiorari as set out in G.S. 160D-1402 and Code section 20-1311.

(j)

Future variance request. Properties subject to a special use permit are not eligible for variances on the approved project.

(k)

Maintaining the special use permit. A special use permit must be maintained during and after the sale of the property.

(l)

Modifications. Minor modifications and major amendments to approved special use permits shall be in accordance with Code section 20-1303.

(m)

Final plat approval process. All water, sewer, stormwater infrastructure, and all street, sidewalk, and similar improvements must be installed and verified as complete by the appropriate authority prior to final plat review. Once the required infrastructure is complete, the final plat is to be reviewed by the zoning administrator and the technical review committee for compliance with the special use permit and all conditions therein. Upon finding that the required infrastructure is complete and the final plat is in compliance with the special use permit, the planning director, or their designee, shall approve the final plat and authorize the recordation of same. Final plats must contain all applicable information as set out in Code section 20-2504 and Code section 20-2505.

(n)

Issuance of zoning permits. The zoning administrator shall not issue a zoning permit until a final plat has been approved and recorded.

(Ord. of 5-24-2021(1), § 5)

Sec. 20-3205. - Table of uses.

The following notes shall be applicable to the Table of Uses established herein.

(1)

Additional standards for those uses identified on the Table of Uses as "permitted with standards" are found in article III of part III of this chapter.

(2)

If a proposed use can't be found on the table of uses herein established or is not specifically defined herein, then the zoning administrator shall make a determination on which use most closely resembles the proposed use and shall apply those regulations and restrictions. Such determination may be made as a formal interpretation, or as part of an issuance or denial of a zoning permit or a notice of violation. The zoning administrator's determination is subject to an appeal of an interpretation which shall be heard by the board of adjustment.

(3)

The abbreviations and symbols shown in the Table of Uses have the following meanings:

"C" = Conditional District required

"P" = Permitted

"PS" = Permitted with Standards

"-" = Not Permitted

USES R-1 R-2 R-3 R-12 C-1 C-2 I-1 MHO
RESIDENTIAL
Dwelling - Single Family P P P - - - - -
Dwelling - Duplex - P P P - - - -
Dwelling - Multifamily (4 or fewer units/building) - P P P - - - -
Dwelling - Multifamily (more than 4 units/building) - - PS PS - - - -
Dwelling - Secondary PS PS PS - - - - -
Family Care Home (6 or fewer residents) PS PS PS - - - - -
Child Care Home (6 or fewer children) PS PS PS - - - - -
Home Occupation PS PS PS PS PS PS PS -
Manufactured Home - - - - - - - PS
Manufactured Home Park - - - - - - - -
Recreational Vehicle - - - - - - - -
Recreational Vehicle Park, Campground - - - - - C C -
Bed & Breakfast P P P - - - - -
Hotel, Motel, Inn - - - - C C C -
OFFICE / SERVICE
Animal Services, Veterinary Clinic - - - - P P P -
Automated Teller Machines - - - P P P P -
Automobile Services, Gas Station - - - - P P P -
Automobile Services, Repair - - - - PS PS PS -
Banks, Credit Unions, Financial Services - - - - PS P P -
Child Care Center (more than 6) - - - - C PS PS -
Community Service Organization - - - - - P P -
Equipment Rental (Exterior Storage) - - - - - - P -
Equipment Rental (Interior Storage) - - - - - P P -
Funeral Home - - - - P P P -
Group Care Facility (more than 6 residents) - - - - C P P -
Government Services C C C C C P P -
Kennels - - - - - PS PS -
Medical Services - Clinic, Urgent Care Center, Hospital - - - - - P P -
Medical Services - Doctor Office - - - - P P P -
Personal Services - - - - P P P -
Post Office - - - - - P P -
Professional Services - - - - P P P -
Studio - Art, Dance Martial Arts, Music - - - - P P P -
RETAIL / RESTAURANTS
Accessory Retail - - - - P P P -
Alcoholic Beverage Sales Store - - - - P P P -
Auto / Mechanical Parts Store - - - - P P P -
Bar / Tavern / Night Club - - - - P P P -
Drive-Thru Retail / Restaurant - - - - - P P -
General Retail (Under 5,000 sq. ft.) - - - - P P P -
General Retail (5,000 - 9,999 sq. ft.) - - - - C P P -
General Retail (10,000 - 24,999 sq. ft.) - - - - C PS PS -
General Retail (25,000 sq. ft. or more) - - - - C C C -
Multi-tenant Development (Under 25,000 sq. ft.) - - - - C PS PS -
Multi-tenant Development (25,000 sq. ft. or more) - - - - C C C -
Pawn Shop - - - - - P P -
Restaurant - - - - P P P -
Vehicle / Heavy Equipment Sales - Indoor - - - - P P P -
Vehicle / Heavy Equipment Sales - Outdoor - - - - - P P -
ENTERTAINMENT / RECREATION
Amusements - Indoor - - - - P P P -
Amusements - Outdoor - - - - - P P -
Cultural or Community Facility C C C C C C C -
Recreation Facilities - Indoor PS PS PS PS P P P -
Recreation Facilities - Outdoor PS PS PS PS PS PS PS -
Theater - Motion Picture - - - - - P P -
MANUFACTURING / WHOLESALE / STORAGE
Manufacturing, Heavy - - - - - - C -
Manufacturing, Light - - - - - P P -
Manufacturing, Neighborhood - - - - P P P -
Metal Product Fabrication, Machine or Welding Shop, Auto Body Shop - - - - - - P -
Mini-Warehouses - - - - - - P -
Outdoor Storage Yard - - - - - - C -
Warehousing and Distribution - Exterior Storage - - - - - - P -
Warehousing and Distribution - Interior Storage - - - - - P P -
CIVIC / INSTITUTIONAL
Cemeteries - - - - - - C -
Public Safety Facilities C C C C C P P -
Religious Institutions C C C C C C C -
Schools C C C C C C C -
UTILITIES
Solar Collector System - Primary Use - - - - - - PS -
Wireless Telecommunication Facility - Stealth PS PS PS PS PS PS PS -
Wireless Telecommunication Facility - Tower - - - - - PS PS -
MISCELLANEOUS USES
Accessory Structures PS PS PS PS P P P -
Adult Establishment - - - - - C C -
Agriculture - Commercial - - - - PS PS PS -
Agriculture - Neighborhood PS PS PS PS PS PS PS -
Crematories - - - - - - C -
Event Center - - - - C C C -
Gaming Terminals - - - - - PS PS -
Mixed-Use Building or Structure - - - PS PS PS - -
Noxious Uses - - - - - - C -
Solar Collector System - Roof Mounted - Accessory Use P P P P P P P P
Solar Collector System - Ground Mounted - Accessory Use PS PS PS PS PS PS PS PS
Tattoo Parlors - - - - - P P -
TEMPORARY USES
Farmers Market PS PS PS PS PS PS PS -
Mobile Food Vendor - - - - PS PS PS -
Temporary Use PS PS PS PS PS PS PS -

 

(Ord. of 5-24-2021(1), § 5; Ord. of 10-24-2022(2), § 2; Ord. of 5-23-2022(2), § 3; Ord. of 1-22-2024(1), § 2)

Sec. 20-3206. - Table of dimensional requirements.

Zoning District R-1 R-2 R-3 R-12 C-1 C-2 I-1 MHO 11
Minimum Lot Area (sq. Ft.) 10,000 2,7 7,500 1,2,3,4,7,12 5,445 1,2,3,4,7,12 7,500 4,7, 8,12 0 0 0 5,445 1,2,3,4,7
Minimum Lot Width(ft.) 100 75 12 75 12 75 12 0 50 0 75
Minimum Front Yard (ft.) 30 30 12 30 12 30 12 0 0 0 30
Major Thoroughfare 30 30 30 30 5 0 60 35 5 30
Minor Thoroughfare 30 30 30 30 5 0 25 5 35 5 30
With Parking in Front - - - - - 60 - -
Without Parking in Front - - - - - 40 - -
Minimum Side Yard (ft.)
Abutting Residential District
10 10 6,12 10 6,12 10 6,12 0 30 40 10 6
Minimum Side Yard (ft.)
Abutting Commercial or Industrial District
10 10 6 10 6 10 6 0 0 40 10 6
Minimum Rear Yard (ft.)
Abutting Residential District
10 10 6,12 10 6,12 10 6,12 0 30 40 10 6
Minimum Rear Yard (ft.)
Abutting Commercial or Industrial District
10 10 6 10 6 10 6 0 0 40 10 6
Height Limit (ft.) 35 35 35 45 and no more than 3 stories Note 10 75 75 18
Buffer if Abutting a Residential District (ft.) 0 0 0 20 Note 9 20 20 0

 

The following notes apply to the Table of Dimensional Requirements set out above:

See sections on dwelling setbacks (Code section 20-3208(h) and (i)), nonconforming lots (Code section 20-1602); and right-of-way (Code section 20-3208(b)).

Additional Notes corresponding to the table:

1.

10,000 square feet if no public sewerage is available.

2.

20,000 square feet if neither public water or sewerage is available.

3.

5,000 additional square feet for each additional dwelling unit when public water and/or sewer is available, but in no event may density exceed 8 units per acre.

4.

10,000 additional square feet for each additional dwelling unit when public water and/or sewer is not available.

5.

40 feet if property directly across the right-of-way is zoned residential.

6.

15 feet for duplexes; 25 feet for all other multi-family dwelling units.

7.

Additional square footage may be required by the authority having jurisdiction over private water and/or sewerage systems located on individual lots.

8.

3,280 additional square feet for each additional dwelling unit when public water and/or sewer is available, but in no event may density exceed 12 units per acre.

9.

Where a lot in the C-1 district abuts a residential district, either directly or across a street (on the side of the C-1 lot), and any use is hereafter established on the C-1 lot by the construction of a new building thereon or by the enlargement of an existing building on the C-1 lot which enlargement exceeds by 25 percent the floor area of the existing building, such building and such lot shall be screened from the lot in the residential district by a vegetative screen on the side of the building or lot facing the residential lot shall require screening. Exceptions to this buffering requirement in C-1 are as follows:

(a)

These provisions shall not apply to any lot which is used for a use which would be permitted in the adjacent residentially zoned district.

(b)

The vegetative screen required shall be omitted along the street where the C-1 lot fronts.

(c)

The board of adjustment shall have the authority to alter or eliminate the required vegetative screen 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 section, between the owner of the lot requiring the vegetative screen and the owner of the adjacent lot zoned residential. Any such agreements shall be attached to the application for zoning permit and retained by the town.

10.

In the C-1 district, every building or structure hereafter erected or structurally altered to exceed 35 feet in height, shall, above such 35-foot height, be set back from the front line of the property on which the building or structure is located on the ratio of one set back foot for each two-foot rise above such 35-foot height. In no case shall the height be greater than 57 feet (which would require a setback of 11 feet).

Where more than one-half of the street frontage in a particular street block is zoned residential and the remaining frontage on the same side of that street block is zoned C-1, the height regulations for the residential district shall apply to the lots zoned for commercial uses on that side of the street block.

11.

The dimensional standards for the MHO district only apply to manufactured homes. To the extent that a dimensional requirement for a manufactured home in the MHO district is inconsistent with the corresponding dimensional requirement of the underlying use district, the more restrictive dimensional requirement shall apply to that manufacture home.

12.

For "multifamily dwelling" or "dwelling, multifamily" projects which are designed to offer individual dwelling units or lots for sale rather than rent, the dimensional requirements shall be as set forth in subsection (d) of Code section 20-3324.

(Ord. of 5-24-2021(1), § 5; Ord. of 4-24-2023(1), § 3; Ord. of 3-24-2025(1), §§ 5, 6)

Sec. 20-3207. - Zoning map and district boundaries.

(a)

Zoning map. Zoning district boundaries adopted pursuant to this chapter and G.S. Chapter 160D shall be drawn on the map entitled "Official Zoning Map of the Town of Weaverville, North Carolina." Said map, and all explanatory matter thereon, is hereby incorporated into and made part of this chapter as if fully written herein. Said map shall be in paper or digital format and shall be maintained for public inspection in the office of the town clerk and zoning administrator. Copies of the zoning map may be reproduced by any method of reproduction that gives legible and permanent copies and, when certified by the town clerk in accordance with G.S. 160A-79 shall be admissible into evidence and shall have the same force and effect as would the original map.

(b)

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

(1)

Where district boundaries are so indicated as approximately following the center lines of streets, highways, streams or rivers, street right-of-way lines or such lines, extended, such center lines shall be construed to be such district boundaries.

(2)

Where district boundaries are so indicated as approximately following lot lines, such lot lines shall be construed to be such district boundaries.

(3)

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

(4)

Where a district boundary line divides a lot with single ownership, the zoning district requirements for the least restricted portion of such lot shall be deemed to apply to the whole of such lot.

(Ord. of 5-24-2021(1), § 5)

Sec. 20-3208. - Miscellaneous provisions.

(a)

Height, buffering, and density. No building or structure shall hereafter be erected or altered so as to exceed the height limits, or to exceed the density regulations (minimum lot area) of this chapter for the district in which it is located. Height limits and densities are shown on the Table of Dimensional Requirements found at Code section 20-3206. For lots abutting a residential district, buffering requirements are set forth on the Table of Dimensional Requirements found at Code section 20-3206.

(b)

Effect of street and highway rights-of-way on calculations. Street and highway rights-of-way shall not be included in determining the size of a lot.

(c)

Setback calculations. All setbacks shall be calculated from the property line. If the property line extends into a roadway, the setback shall be measured from the edge of the road or back of curb.

(d)

Lot reduction prohibited. No building lot, even though it may consist of one or more adjacent lots of record, shall be reduced in size so that the lot width or depth, front, side or rear yards, lot area per dwelling, or other requirements of this chapter are not maintained. Building lots created after the effective date of the ordinance from which this chapter derives shall meet the minimum dimensional requirements established for the district in which they are located.

(e)

Yard use limitations. No part of a yard or other open space required to surround any building for the purpose of complying with the provisions of this chapter shall be included as part of a yard or other open space similarly required for another building.

(f)

Limit of one principal building. Only one principal building and its customary accessory building(s) may hereafter be erected on any lot, except as authorized by a special use permit or a conditional district, except for multi-unit residential development.

(g)

Street access. No building shall be erected, structurally altered, moved to, or relocated on any lot which does not abut at least 35 feet on a publicly dedicated or maintained street or on a private street which meets the standards of the North Carolina Department of Transportation as to maintenance, disclosure and construction. The right-of-way of any dedicated public or private street shall not be considered in computing any required square footage of a lot necessary to meet the other requirements of this chapter. Any lot in the C-2 district used for commercial purposes shall have its primary access upon the street on which it fronts.

(h)

Alternate setbacks for some dwellings. The front yard setback requirements of this chapter for dwellings shall not apply to any lot where the average front yard setback of the existing buildings, located either wholly or in part within 100 feet on each side of such lot and on the same side of the street and within the same zoning district, is less than the minimum required front yard setback. In such case, the setback on the lot in question may be less than the required setback, but no less than the average of the setbacks of the aforementioned adjacent buildings.

(i)

Front yard setbacks for corner lots and double fronted lots. For properties having frontage on two streets, the minimum front yard setbacks shall be provided for each street.

(j)

Projections into open space and required yards. Every part of a required yard, established by setbacks or otherwise, shall be open and unobstructed from its lowest point to the sky, except for the ordinary projection of sills, cornices, buttresses, ornamental features, eaves, chimneys and flues into such area; provided, however, that none of the above shall project into a minimum required yard (front or side) more than 24 inches.

(k)

Visibility at intersections. In all use districts except the C-1 district, no fence, wall, shrubbery or other landscaping, gutter or other obstruction to vision over the height of 2½ feet shall be permitted to exist within 20 feet of the intersection of the right-of-way lines of streets.

(l)

Fences. No fence shall be located within the right-of-way of any street or highway. Fences located within any minimum required "yard" as provided for in this chapter shall not exceed seven feet in height. Where a fence is located at the top of a slope or retaining wall, the fence height shall be measured from the top of the slope or retaining wall. Fencing shall not be erected in such a fashion as to obstruct visibility at intersections.

(m)

Conflict with other laws. Whenever the regulations of this article require a greater width or size of yard, or require a lower height of buildings or smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose other more restrictive standards than are required in or under any other statute, code chapter, or article, the requirements of this article shall govern. Whenever the provisions of any other statute require more restrictive standards than are required by this chapter, the provisions of such statute shall govern. If there are conflicting provisions within this chapter then the more restrictive provisions apply.

(n)

Traffic impact study:

(1)

Purpose. The purpose of this section is to ensure that applicants for new development and redevelopment consider and mitigate the impact of the development on the existing and/or proposed roadway systems. While the town acknowledges responsibility to build and maintain a public transportation system, the project applicants may need to assist in improving transportation facilities in order to maintain an acceptable level of service by accommodating additional traffic generated by the development. These transportation facilities involve pedestrian, non-motorized vehicular traffic and motorized vehicular traffic.

(2)

Applicability. A traffic impact analysis (also known as a traffic impact study) is required for all proposals for new construction, additions and/or expansions to existing structures, and/or changes of use located on town streets or NCDOT maintained roadways, which will result in trips equal to or greater than 750 daily trips, using the trip generation rates from the most recent edition of the Trip Generation Manual published by the Institute of Transportation Engineers. The following table provides average daily trips for various types of developments and is provided for guidance purposes only:

Type of Development Average Daily Trips
Single Family Residential Subdivision with 70 lots 750
Multi-Family Residential Apartment with 105 units 750

 

(3)

Format, review and recommendation. Any traffic impact analysis required by this section shall follow the guidelines of NCDOT's "Policy on Street and Driveway Access to North Carolina Highways" for traffic impact studies. All traffic impact analyses shall be submitted to the planning director, who shall forward it to the town's technical review committee, and NCDOT for review and comment. All recommendations prepared or received, including a staff recommendation reflecting comments from the town's technical review committee, which involve town public streets shall be submitted to town council.

(4)

Improvements required.

(i)

NCDOT will determine what improvements are required to NCDOT maintained roads to accommodate the additional traffic generated by the proposed development.

(ii)

Town council will determine what improvements are required to the town public street system to accommodate the additional traffic generated by the proposed development.

(iii)

Required improvements must be funded and/or constructed by the project developer in accordance with the standards and direction provided by NCDOT and/or the town.

(o)

Design standards for flag lots and related driveways and street access.

(1)

The minimum street frontage for a flag lot shall be 35 feet in accordance with [section] 20-3208(g).

(2)

The minimum width of the entire flagpole portion of a lot shall be 35 feet.

(3)

The flagpole portion of a lot shall not be included in the calculation of minimum lot area.

(4)

The maximum length of a flagpole portion of a lot shall be 200 feet.

(5)

No more than two lots or ten percent of the total lots in a subdivision, whichever is greater, shall be permitted as flag lots.

(6)

The number and location of curb cuts shall be designed to minimize traffic and pedestrian hazards.

(7)

Use of a shared driveway to serve flag lots and/or an adjoining lot is permitted and encouraged.

(Ord. of 5-24-2021(1), § 5; Ord. of 11-22-2021(1), § 4; Ord. of 3-24-2025(1), § 4)