This article sets forth standards for those uses that have been identified as "permitted with standards" in the Table of Uses set forth in Code section 20-3205. All generally applicable regulations (including but not limited to sidewalks, traffic analysis, street lighting, off-street parking and loading, etc.) shall apply to the uses set out in the sections of this article unless provided otherwise by the specific provisions within this article.

(Ord. of 5-24-2021(1), § 5)

(a)

Child care centers shall provide for 100 square feet of outdoor play area for each child.

(b)

The outdoor play area shall be surrounded by a sturdy fence of not less than four feet in height.

(c)

The child care center shall meet all state requirements for day care centers.

(d)

Child care centers shall provide locations for pick-up and drop-off for safe access to the center for children, parents and which do not impede traffic on public or private streets.

(Ord. of 5-24-2021(1), § 5)

(a)

All buildings shall be located at least 40 feet from any street right-of-way line.

(b)

Gasoline pumps and other appliances, where permitted, shall be located at least 15 feet from any street right-of-way.

(c)

All service, storage or similar activities shall be conducted entirely on the premises.

(d)

All repair work, if any, shall be conducted within a completely enclosed building.

(e)

Open storage of wrecked or inoperable cars, discarded tires, auto parts, or similar material shall not be permitted.

(Ord. of 5-24-2021(1), § 5)

(a)

There is a limit of two gaming terminals per business location.

(b)

No persons under the age of 18 shall be allowed to use the gaming terminals.

(c)

The gaming terminals must not be prohibited by state or federal law and must have all applicable state and local permits and business licenses and pay all applicable town fees and taxes before the gaming terminals may be placed at the business location and at all times the gaming terminals are operated.

(d)

During hours of operation, gaming terminals shall be open for direct, unobstructed access by all safety and enforcement personnel. All entrance doors shall remain unlocked while patrons are on the premises.

(Ord. of 5-24-2021(1), § 5)

(a)

This section does not limit regulation under this chapter with respect to the use of a farm property for non-farm purposes.

(b)

Livestock and fowl or poultry operations shall meet the following requirements:

(1)

Enclosures shall be maintained such that the animals are prohibited from exiting the property on which the animals are kept.

(2)

Composting or animal feeding areas shall be located at least 50 feet from any property line or stream or river as identified on the Buncombe County geographic information system.

(3)

A minimum setback of 50 feet shall be established for any structure used for agriculture - commercial purposes where abutting a residential zoning district. Fencing shall not be included as an agriculture - commercial structure for this requirement.

(4)

Any lot used to maintain livestock shall be a minimum of five acres of usable livestock area which excludes all impervious surfaces. Livestock does not include fowl for this requirement.

(5)

On lots greater than five acres in size use to maintain livestock, no more than two animals per acre shall be allowed.

(c)

The keeping of swine is expressly prohibited.

(d)

All uses must be maintained in a clean and sanitary manner in order to protect the public health. This includes, but is not limited to, the proper management of livestock and fowl waste runoff and pesticide runoff.

(Ord. of 5-24-2021(1), § 5)

(a)

The keeping of livestock shall meet the following requirements:

(1)

Enclosures shall be maintained such that the animals are prohibited from exiting the property on which the animals are kept.

(2)

Animal feeding areas shall be located at least 50 feet from any property line or stream or river as identified on the Buncombe County geographic information system.

(3)

A minimum setback of 50 feet shall be established for any structure used for agriculture - neighborhood purposes where abutting a residential zoning district. Fencing shall not be included as an agriculture - neighborhood structure for this requirement.

(4)

Any lot used to maintain livestock shall be a minimum of two acres of usable livestock area which excludes all impervious surfaces and on such lot no more than one animal per acre shall be allowed. Livestock does not include fowl for this requirement.

(b)

The keeping of fowl, including but not limited to chickens, shall meet the following requirements:

(1)

Enclosures and coops shall be maintained such that the animals are prohibited from exiting the property on which the animals are kept and may only be placed in the side or rear yard of a primary residence. Said enclosures and coops shall be kept in a clean condition.

(2)

The keeping of fowl shall not be permitted on any parcel of land which does not meet the minimum lot area required by the table of dimensional standards for the zoning district in which the property is located.

(3)

No more than two fowl may be kept per 1/8 acre should the minimum lot area be found in compliance.

(4)

The keeping of fowl shall not be permitted on any parcel of land on which there exists a dwelling - multifamily residential use as defined herein.

(5)

The keeping of roosters is expressly prohibited.

(c)

This section shall not apply to domesticated animals, including but not limited to, dogs and cats.

(d)

Neighborhood agricultural uses shall be clearly incidental to an existing primary structure used for residential purposes.

(e)

The keeping of swine is expressly prohibited.

(f)

All uses must be maintained in a clean and sanitary manner in order to protect the public health. This includes, but is not limited to, the proper management of livestock and fowl waste runoff and pesticide runoff.

(Ord. of 5-24-2021(1), § 5)

(a)

Drive-through stacking lanes, windows, and associated equipment shall not be permitted within 50 feet of a residential district or residential use.

(b)

Drive-through windows and services shall be located and accessed only at the rear or side of the building and shall not be located between the principal structure and a public or private street. Service lanes shall not be located between the building and the street.

(c)

Drive-through service lanes shall provide a minimum of six stacking spaces per lane on site for banking with drive-through facilities. Each stacking space shall be a minimum of nine feet by 18 feet.

(d)

The drive-through shall be limited to a maximum of two service lanes and one additional lane for an automated teller machine (ATM).

(e)

Speaker box sounds from the drive-through lane shall not unreasonably disturb the peace and quiet of abutting residential property.

(Ord. of 5-24-2021(1), § 5)

(a)

Off-street parking shall be provided at one space for each two hundred square feet within the principal assembly space.

(b)

Where the lot abuts a residential district, a ten-foot buffer shall be provided as defined in Code section 20-1202 of this chapter and said buffer may be placed within the setbacks established by the zoning district applicable to the property.

(c)

Signage shall be limited to one wall mounted or attached sign and shall not exceed ten percent of the total surface area on which the sign is located. Said signage may be illuminated but must be shielded in a fashion to prevent light trespass and to brighten only the surface of the sign.

(Ord. of 5-24-2021(1), § 5)

(a)

Secondary dwelling units shall be accessory and subordinate to the primary living quarters.

(b)

No more than one secondary dwelling unit is permitted on any lot.

(c)

A secondary dwelling unit may only be located within a side or rear yard and within the setback established by the applicable zoning district.

(d)

No secondary structure shall exceed two stories in height.

(e)

Secondary dwelling units may be created as an independent structure, an addition to an existing primary structure, or a second story within detached garages.

(f)

The gross floor space of a secondary dwelling unit shall not exceed 800 square feet. The ground floor area of an attached garage shall not be calculated as part of the total square footage of any secondary dwelling that is built as the second story of a detached garage; provided, such ground floor garage area shall not be converted into a dwelling space.

(g)

At least one off-street parking space shall be provided.

(h)

Properties with multifamily dwellings as defined herein shall not be permitted a secondary dwelling.

(Ord. of 5-24-2021(1), § 5)

(a)

Vendors may offer seasonal horticultural, agricultural, aquacultural or forest products, including but not limited to raw fruits, vegetable, perennials, annuals bulbs, dried flowers, Christmas trees, and similar products.

(b)

Vendors may offer value-added horticultural, agricultural, aquacultural or forest products which were produced by the vendor, including but not limited to baked goods, meat, dairy, honey, cider, preserves, relishes, jams, jellies and similar products.

(c)

Vendors may offer hand-made crafts and works of art which were produced by the vendor; provided, however, that such products shall not exceed 25 percent of all products sold within the venue on any given day of operation.

(d)

Vendors may offer food items prepared by the vendor; provided, however, that such products shall not exceed 25 percent of all products sold within the venue on any given day of operation, and provided that the vendor shall comply with all applicable requirements of the director of public health and the North Carolina Department of Agriculture.

(e)

The sale of live animals is prohibited.

(f)

Off-street parking shall be provided in order to maintain the safe flow of traffic in the immediate vicinity.

(g)

Farmers markets operating within the R-1, R-2, R-3, or R-12 districts shall only be conducted on property owned by the town. Additionally, these farmers markets may not operate more than one day per week and for no longer than eight hours on such day.

(Ord. of 5-24-2021(1), § 5)

(a)

Such a development shall abut an existing major thoroughfare maintained by the North Carolina Department of Transportation or the town and shall have direct access thereto.

(b)

Points of ingress and egress shall be located a sufficient distance from road intersections to minimize traffic hazard, inconvenience and congestion. Additionally, each development shall have a minimum of two such points of ingress and egress to facilitate the safe flow of traffic.

(c)

Parking and loading spaces shall be provided as established by article V of this part III.

(d)

Such facilities with a drive-thru window are subject to additional regulations as defined by drive-thru retail/restaurant.

(Ord. of 5-24-2021(1), § 5)

(a)

Home occupations shall be clearly incidental to the residential use of a dwelling and shall not change the residential character of the dwelling or the neighborhood.

(b)

Home occupations shall be contained entirely within the interior of the dwelling or accessory structure. Home occupations within a dwelling shall not occupy more than 25 percent of the gross floor area of the dwelling. Should a home occupation occur within an accessory structure, said use shall not exceed 25 percent of the aggregate square footage of both the dwelling unit and accessory structure.

(c)

Only noncommercial vehicles are permitted in conjunction with a home occupation.

(d)

Business or product identification signs shall not be permitted.

(e)

Commercial sale of merchandise is limited to catalog and internet sales only. On-site customers are expressly prohibited. Products may be received and shipped from the premises to fulfill orders provided that goods, products or commodities are stored within the home, within an accessory structure, or off-site.

(f)

The installation or use of mechanical or electrical equipment not normally used for domestic purposes shall not be permitted.

(g)

Home occupations may include child care homes as defined herein.

(Ord. of 5-24-2021(1), § 5; Ord. of 1-22-2024(1), § 4)

(a)

Outside runs, holding pens, exercise areas or other open-air type enclosures or shelters, which are maintained in order to prevent the escape of animals, shall be located at least 200 feet from any dwelling, other than the property of the owner on which the structure is located, and at least 50 feet from adjoining property lines.

(b)

Kennels shall be located in the side or rear yard area of any principal structure and must be on the same parcel of land.

(Ord. of 5-24-2021(1), § 5)

(a)

No new manufactured home shall be permitted within floodways and non-encroachment areas as determined by the Floodplain Administrator of Buncombe County.

(b)

Each new manufactured home shall be placed on an individual lot.

(c)

A manufactured home must be built to or exceed the manufactured home construction safety standards as developed by the Housing and Urban Development Code of June 15, 1976.

(d)

Manufactured homes must not be more than a single story measured from front ground level and may not be stacked.

(e)

Manufactured homes must either be properly tied down and underpinning/skirting installed and maintained or must be placed on a permanent foundation. If piers are used they must be engineered and skirting must be installed.

(f)

The age of the manufactured home shall not be a basis for exclusion from the district.

(Ord. of 5-24-2021(1), § 5)

(a)

No waste, wastewater or grease shall be distributed into the sanitary sewer system, stormwater system, or other public spaces.

(b)

Mobile food vendors:

(1)

Shall be situated at least ten feet from all property lines, excepting those separating contiguous parcels under common ownership, and

(2)

Shall not encroach onto any street or sidewalk, and

(3)

Shall not obstruct any loading zone or parking space required by this chapter, and

(4)

Shall not create a sight line obstruction.

(c)

Mobile food vendors shall be located at least 150 feet from any primary residential structure located within the R-1, R-2, or R-3 district.

(d)

Mobile food vendors shall not be located within ten feet of any fire hydrant.

(e)

Hours on site shall be consistent with the hours of operation of the principal building or use of the property on which the mobile food vendor is located but in no instance shall such hours exceed 7:00 a.m. to 11:00 p.m.

(f)

Each mobile food vendor shall supply at least one receptacle for waste which must be emptied regularly and removed upon conclusion of hours of operation. Town waste receptacles shall not be used.

(g)

In addition to signage displayed directly on the vehicle, one sign attached to the ground, or menu board sign, which shall not exceed four feet in height or eight square feet of surface area, is permitted. Such a sign shall be placed within ten feet of the mobile food unit or vehicle and shall only be displayed during hours of operation.

(h)

The sale of alcoholic beverages shall not be permitted by any mobile food vender absent the issuance of the requisite special event permit.

(i)

Mobile food vendors are only permitted on public property, including but not limited to any real property, parking spot or lot, or road or right-of-way under municipal or state control and ownership, in conjunction with the issuance of a special event permit. Mobile food vendors operating in conjunction with a special event permit issued by the town are not subject to these regulations but are governed by the conditions placed upon the permit for approval.

(j)

Mobile food vendors are also subject to standards of the Buncombe County Health Department as it relates to the permitting, inspection and grading of all regulated food service establishments.

(k)

In no instance shall a mobile food vendor be permitted to be the primary or principal use of a parcel of land.

(l)

A zoning permit is required for each parcel which proposes to establish a mobile food vendor. The fee for said permit may be found within the schedule of fees.

(Ord. of 5-24-2021(1), § 5)

(a)

Such a development shall abut an existing major thoroughfare maintained by the North Carolina Department of Transportation or the Town of Weaverville and shall have direct access thereto.

(b)

Points of ingress and egress shall be located a sufficient distance from road intersections to minimize traffic hazard, inconvenience and congestion. Additionally, each development shall have a minimum of two such points of ingress and egress to facilitate the safe flow of traffic.

(c)

Parking and loading spaces shall be provided as established by article V of this part III.

(d)

Such facilities with a drive-thru window are subject to additional regulations as defined by drive-thru retail/restaurant.

(Ord. of 5-24-2021(1), § 5)

(a)

Such facilities operating in conjunction with a single family dwelling which use is clearly incidental and secondary to the use of the dwelling for residential purposes and which use does not change the residential character of the dwelling shall be permitted as an accessory use or structure of the dwelling unit.

(b)

Such facilities operating in conjunction with a school or religious institution as defined herein shall be permitted as an accessory use operating in conjunction with same.

(c)

Such facilities operating in conjunction with a conditional zoning district, special use permit, major subdivision or any other residential development within a residentially zoned district shall be allowed if presently in use or approved with the adoption process for each of the aforementioned forms of development.

(Ord. of 5-24-2021(1), § 5)

(a)

Lighting fixtures for outdoor recreational facilities shall be mounted and aimed so that the illumination falls within the primary playing area and immediate surroundings so that no direct light illumination is directed off site. Lights shall be turned off at the conclusion of any activity.

(b)

Such facilities operating in conjunction with a single family dwelling which use is clearly incidental and secondary to the use of the dwelling for residential purposes and which use does not change the residential character of the dwelling shall be permitted as an accessory use or structure of the dwelling unit.

(c)

Such facilities operating in conjunction with a school or religious institution as defined herein shall be permitted as an accessory use operating in conjunction with same.

(d)

Such facilities operating in conjunction with a conditional district, special use permit, major subdivision or any other residential development within a residentially zoned district shall be allowed if presently in use at the adoption of this chapter or approved with the adoption process for each of the aforementioned forms of development.

(Ord. of 5-24-2021(1), § 5)

(a)

Temporary uses or structures may be permitted summarily in conjunction with a special event permit issued by the town manager pursuant to Code section 16-6 governing special events.

(b)

When utilized in conjunction with any construction or renovation on the same parcel of land, storage containers shall only remain on the property for the duration of construction.

(c)

Temporary vendors may be permitted only one structure which may not exceed 1,500 square feet. Temporary vendors operating in the parking lot associated with a primary use must not cause nonconformity with the parking requirements of this chapter. Temporary vendors may only operate in zoning districts in which general retail is also permitted. Those conducting yard sales on a property where they currently reside shall not be considered temporary vendors.

(d)

Portable and on-demand storage containers located within residential zoning districts are permissible for a period of up to 14 consecutive days not to exceed two occurrences per calendar year. Said containers are exempt from zoning permit requirement.

(e)

Portable and on-demand storage containers located within commercial or industrial zoning districts are permissible for a period of up to 60 consecutive days not to exceed two occurrences per calendar year. Said containers are exempt from zoning permit requirement.

(Ord. of 5-24-2021(1), § 5)

(a)

Stealth wireless communication facilities shall be designed and installed in a manner to make them unobtrusive. All facilities shall be mounted so that the wireless service facilities do not extend beyond the top of the building or structure on which they are mounted.

(b)

Facilities shall be designed to blend in with the existing structure or buildings with similar colors or other techniques as appropriate.

(c)

Wireless communication towers as defined herein are subject to the requirements of article II of part IV of this chapter governing wireless telecommunication facilities.

(Ord. of 5-24-2021(1), § 5)

(a)

Wireless communication towers as defined herein are subject to the requirements of article II of part IV of this chapter governing wireless telecommunication facilities.

(Ord. of 5-24-2021(1), § 5)

(a)

Child care homes shall provide location for pickup/drop-off area for safe access to the home for children and parents and which do not impede traffic on public or private roads.

(b)

Child care homes shall be clearly incidental to the residential use of the dwelling and shall not change the residential character of the dwelling or neighborhood.

(c)

Business or product identification signs shall not be permitted.

(Ord. of 5-24-2021(1), § 5)

(a)

The footprint of accessory structures within any residential zoning district shall not exceed the following maximum footprint(s).

(1)

The footprint of any structure defined as "dwelling - secondary" shall not be included in the calculation of footprint for accessory structures but such structures shall meet the additional standards established by Code section 20-3309.

(2)

The footprint of any structure defined as "solar collector system - ground mounted" shall not be included in the calculation of footprint for accessory structures but such structures shall meet the additional standards established by Code section 20-3327.

(3)

The footprint of any accessory structure implemented with any use defined as "agriculture - commercial" or "agriculture - neighborhood" shall not be included in the calculation of foot print for accessory structures but such structures shall meet the additional standards established by Code section 20-3305 and Code section 20-3306.

(b)

Accessory structures shall not exceed the height of the primary structure and in no event exceed 25 feet.

(c)

Accessory structures shall only be located within the side or rear yard of the primary structure and shall only be permitted within the setbacks established by the applicable zoning district.

(d)

Accessory structures providing common facilities for residential developments, including but not limited to a clubhouse, mail receptacle facilities, pool house, rental or property management office, shall not be subject to the footprint limits or location requirements established in this section.

(Ord. of 5-24-2021(1), § 5; Ord. of 5-23-2022(2), § 4)

(a)

Street lighting requirements made necessary by article VI of this part III are fully applicable to the use of Dwelling - Multifamily (more than four units/building) as defined in Code section 20-1202 except that such requirements are hereby modified to provide the following:

(1)

All lighting on the property shall be mounted on posts no more than 16 feet tall.

(2)

Blocking, shielding and aiming of all exterior lighting shall be used to minimize light trespass on to adjoining residential properties.

(3)

The exterior lighting plan shall be subject to review and approval by the town's zoning administrator prior to installation.

(b)

All containment devices for trash and recyclables (including but not limited to compactors, dumpsters, roll-out bins, and areas for storing cardboard) shall be placed in the side or rear yards only and located and designed so as not to be visible from the view of adjacent streets and properties. All containment areas shall meet the following standards:

(1)

All containment areas shall be enclosed to contain windblown litter.

(2)

Enclosures shall be at least as high as the highest point of the compactor or dumpster.

(3)

Enclosures shall be made of materials that are opaque at the time of installation (such as a fence, wall, or mature opaque vegetation) and compatible with and/or similar to the design and materials of the principal building.

(4)

Compactors and dumpsters shall be placed on a concrete pad that is large enough to provide adequate support and allow for positive drainage, and conform to the Buncombe County Health Department regulations governing compactor pads. A concrete apron shall also extend from the pad for support and access.

(5)

Enclosures shall contain gates to allow for access and security.

(6)

Dumpsters and compactors shall be located within the side or rear yard behind buildings and away from sidewalks or pedestrian circulation. Such locations should be accessible to service vehicles.

(7)

Enclosures shall be landscaped in accordance with article IV of this part III.

(c)

Maximum number of units per building - No more than 24 units per building are permitted.

(d)

For "multifamily dwelling" or "dwelling, multifamily" projects which (1) are designed to offer individual dwelling units or lots for sale rather than rent, and (2) are exempted from certain dimensional requirements pursuant to Note 12 of Code section 20-3206, the additional standards contained in this subparagraph apply.

(1)

Minimum lot area for each individual dwelling unit or lot may be reduced to zero provided the overall density of the project does not eclipse the density as allowed by the underlying zoning district in which the property is located and the aggregate acreage or square footage of the parent parcel and each parcel created.

(2)

Minimum lot width may be reduced to accommodate the project provided the overall density of the project does not exceed the density as allowed by the underlying zoning district in which the property is located.

(3)

Front, side and rear yard setbacks for each individual dwelling unit or lot may be reduced to zero provided the generally applicable setbacks required by the underlying zoning district are made applicable to the exterior property lines of the parent/project parcel(s).

(4)

Other dimensional requirements not specifically enumerated in this section, but generally applicable and found within section 20-3206 "Table of dimensional requirements", including but not limited to building height and vegetative buffers, shall remain in effect for the parent/project parcel(s) and the individual units or lots.

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

(a)

Additional standards applicable only within the R-12 district for uses defined mixed use building or structure.

(1)

Dwelling units are only permissible on the second or higher floor of any structure where the ground floor or street level floor is occupied by a use or uses otherwise permitted by right or with additional standards or by a conditional district in the C-1 or C-2 district.

(2)

The dimensional requirements for the R-12 district and additional standards for the use defined as dwelling-multifamily (more than four units/per building are also fully applicable to the use defined mixed-use building or structure.

(3)

In no case shall the number of dwelling units exceed 12 units per acre.

(4)

Street lighting requirements made necessary by article VI of this part III are fully applicable to the use of mixed use building or structure except that such requirements are hereby modified to provide the following:

a.

All lighting on the property shall be mounted on posts no more than 16 feet tall.

b.

Blocking, shielding and aiming of all exterior lighting shall be used to minimize light trespass on to adjoining residential properties.

c.

The exterior lighting plan shall be subject to review and approval by the town's zoning administrator prior to installation.

(5)

The collection and disposal of garbage and household trash accumulated at mixed use buildings or structures shall be the responsibility of the owner of the land on which the building is located. Likewise, yard trash, tree and shrubbery trimmings and household appliances shall be collected and disposed of by the owner of the land.

(6)

All containment devices for trash and recyclables, including compactors, dumpsters, commercial roll-out bins, and areas for storing cardboard shall be placed in the side or rear yards only and located and designed so as not to be visible from the view of adjacent streets and properties. All containment areas shall meet the following standards:

a.

All containment areas shall be enclosed to contain windblown litter.

b.

Enclosures shall be at least as high as the highest point of the compactor or dumpster.

c.

Enclosures shall be made of materials that are opaque at the time of installation (such as a fence, wall or mature opaque vegetation) and compatible with and/or similar to the design and materials of the principal building.

d.

Compactors and dumpsters shall be placed on a concrete pad that is large enough to provide adequate support and allow for positive drainage, and conform to the Buncombe County Health Department regulations governing compactor pads. A concrete apron shall also extend from the pad for support and access.

e.

Enclosures shall contain gates to allow for access and security.

f.

Dumpsters and compactors shall be located within the side or rear yard behind buildings and away from sidewalks or pedestrian circulation. Such locations should be accessible to service vehicles.

g.

Enclosures shall be landscaped in accordance with article IV of this part III.

(b)

Additional standards applicable only within the C-1 district for uses defined as mixed use building or structure.

(1)

Dwelling units are only permissible on the second or higher floor of any structure where the ground floor or street level floor is occupied by a use or uses otherwise permitted by right or with additional standards or by a conditional district in the C-1 district.

(2)

In no case shall the number of dwelling units exceed four units per building notwithstanding the latter permissible density bonus for additional off street parking places provided.

(3)

Street lighting requirements made necessary by article VI of this part III are fully applicable to the use of mixed use building or structure except that such requirements are hereby modified to provide the following:

a.

All lighting on the property shall be mounted on posts no more than 16 feet tall.

b.

Blocking, shielding and aiming of all exterior lighting shall be used to minimize light trespass on to adjoining residential properties.

c.

The exterior lighting plan shall be subject to review and approval by the town's zoning administrator prior to installation.

(4)

The collection and disposal of garbage and household trash accumulated at mixed use buildings or structures shall be the responsibility of the owner of the land on which the building is located. Likewise, yard trash, tree and shrubbery trimmings and household appliances shall be collected and disposed of by the owner of the land.

a.

A waiver of the foregoing requirement may be achieved in writing from the town manager or their designee upon showing of good cause. Factors for consideration include but are not limited to available space on the subject property, or any variable related to the public health or safety.

(5)

All containment devices for trash and recyclables, including compactors, dumpsters, commercial roll-out bins, and areas for storing cardboard shall be placed in the side or rear yards only and located and designed so as not to be visible from the view of adjacent streets and properties. All containment areas shall meet the following standards:

a.

All containment areas shall be enclosed to contain windblown litter.

b.

Enclosures shall be at least as high as the highest point of the compactor or dumpster.

c.

Enclosures shall be made of materials that are opaque at the time of installation (such as a fence, wall or mature opaque vegetation) and compatible with and/or similar to the design and materials of the principal building.

d.

Compactors and dumpsters shall be placed on a concrete pad that is large enough to provide adequate support and allow for positive drainage, and conform to the Buncombe County Health Department regulations governing compactor pads. A concrete apron shall also extend from the pad for support and access. Enclosures shall contain gates to allow for access and security.

e.

Enclosures shall contain gates to allow for access and security.

f.

Dumpsters and compactors shall be located within the side or rear yard behind buildings and away from sidewalks or pedestrian circulation. Such locations should be accessible to service vehicles.

g.

Enclosures shall be landscaped in accordance with article IV of this part III.

(6)

Within the C-1 district additional dwelling units may be permitted up to a maximum of eight dwelling units per building provided the property owner provide off street parking in addition to those spaces required by article V of this part III at a ratio of two spaces per additional dwelling unit.

(c)

Additional standards applicable only within the C-2 district for uses defined as mixed use building or structure.

(1)

Dwelling units are only permissible on the second or higher floor of any structure where the ground floor or street level floor is occupied by a use or uses otherwise permitted by right or with additional standards or by a conditional district in the C-1 or C-2 district.

(2)

The dimensional requirements for the C-2 district and additional standards for the use defined as dwelling-multifamily (more than four units/per building are also fully applicable to the use defined mixed-use building or structure.

(3)

In no case shall the number of dwelling units exceed eight units per acre.

(4)

Street lighting requirements made necessary by article VI of this part III are fully applicable to the use of mixed use building or structure except that such requirements are hereby modified to provide the following:

a.

All lighting on the property shall be mounted on posts no more than 16 feet tall.

b.

Blocking, shielding and aiming of all exterior lighting shall be used to minimize light trespass on to adjoining residential properties.

c.

The exterior lighting plan shall be subject to review and approval by the town's zoning administrator prior to installation.

(5)

The collection and disposal of garbage and household trash accumulated at mixed use buildings or structures shall be the responsibility of the owner of the land on which the building is located. Likewise, yard trash, tree and shrubbery trimmings and household appliances shall be collected and disposed of by the owner of the land.

(6)

All containment devices for trash and recyclables, including compactors, dumpsters, commercial roll-out bins, and areas for storing cardboard shall be placed in the side or rear yards only and located and designed so as not to be visible from the view of adjacent streets and properties. All containment areas shall meet the following standards:

a.

All containment areas shall be enclosed to contain windblown litter.

b.

Enclosures shall be at least as high as the highest point of the compactor or dumpster.

c.

Enclosures shall be made of materials that are opaque at the time of installation (such as a fence, wall or mature opaque vegetation) and compatible with and/or similar to the design and materials of the principal building.

d.

Compactors and dumpsters shall be placed on a concrete pad that is large enough to provide adequate support and allow for positive drainage, and conform to the Buncombe County Health Department regulations governing compactor pads. A concrete apron shall also extend from the pad for support and access. Enclosures shall contain gates to allow for access and security.

e.

Enclosures shall contain gates to allow for access and security.

f.

Dumpsters and compactors shall be located within the side or rear yard behind buildings and away from sidewalks or pedestrian circulation. Such locations should be accessible to service vehicles.

g.

Enclosures shall be landscaped in accordance with article IV of this part III.

(Ord. of 5-24-2021(1), § 5)

(a)

Solar collector systems of any kind, regardless of whether they are primary or accessory uses, shall not be placed within the setbacks established by the underlying zoning district.

(b)

Ground mounted solar collector systems that are accessory uses shall only be located within the side or rear yard of the primary structure, except as provided by subsection (c) below.

(c)

In order to provide for reasonable availability of solar collector systems on double fronted and corner lots, ground mounted solar collector systems are allowed in one of the "front" yards for double-fronted or corner lots. All setbacks are still applicable and attempts should be made to place it in the "front" yard that has the least public view.

(d)

Ground mounted solar systems that are accessory uses shall not exceed 25 percent of the footprint of the primary structure.

(e)

Ground mounted solar collector systems that are accessory uses shall not exceed the height of the primary structure on the property and in no case be taller than 15 feet as measured from finished grade to the highest point of the structure.

(f)

Ground mounted solar collector systems, whether a primary use or an accessory use, that are abandoned or are no longer operational must be timely removed and failure to do so may result in the revocation of the zoning permit and/or other enforcement action. For purposes of this section abandonment of a solar collector system means that the system has not been in use for 180 consecutive days or more, regardless of any intent or efforts to resume the use.

(Ord. of 5-23-2022(2), § 5)

Family care homes may not be located within a one-half mile radius of an existing family care home.

(Ord. of 5-24-2021(1), § 5)