(a)

Zoning districts. For the purposes set forth in this Article, the Town of Woodfin is divided into zoning districts, taking into account the design, size, and/or location of one or more of the following:

(1)

Transportation facilities;

(2)

Schools, parks and other public or community facilities;

(3)

Emergency and solid waste collection services;

(4)

Sanitary sewer and stormwater infrastructure;

(5)

Water supply for community consumption and fire protection;

(6)

Access and location to other utility services;

(7)

Potential hazards from fire, flooding, and diseases;

(8)

Access to light and air from buildings;

(9)

Protection for occupants of buildings from noise, dust, fumes and other nuisances caused by traffic and other uses;

(10)

Topography, water bodies and other natural features;

(11)

Current use of land and buildings for residences, businesses, industries, places of worship, schools and for other uses and heights of buildings, the size and location of yards, and the density of population in each of the zoning districts hereinafter mentioned.

(b)

Uses allowed. Only the following permitted "P", limited "L" and special "S" uses may be allowed in any district as enumerated in the following table:

(1)

Special uses shall be permitted in specified districts after review and approval by the board of adjustment in accordance with procedures and standards established in section 54-77, section 54-144 and other standards identified elsewhere in this chapter.

(2)

Limited uses shall be permitted in specified districts after review and approval by the planning director in accordance with the standards established in section 54-144 and elsewhere in this chapter.

(3)

Any use not listed is not allowed unless the planning director determines that the use is similar to a listed use. When determining whether a proposed use is similar to a listed use, the planning director will consider the following:

a.

The actual or projected characteristics of the proposed use.

b.

The relative amount of site area or floor area and equipment devoted to the proposed use.

c.

Relative amounts of sales.

d.

The customer type.

e.

The relative number of employees.

f.

Hours of operation.

g.

Building and site arrangement.

h.

Types of vehicles used and their parking requirements.

i.

The number of vehicle trips generated.

j.

How the proposed use is advertised.

k.

The likely impact on surrounding properties.

l.

Whether the activity is likely to be found independent of the other activities on the site.

Where a use is determined not to be similar to any listed use, a text amendment is required prior to establishment of that use.

(c)

General regulations for all districts. The following requirements shall pertain to all zoning districts and any structure or building therein.

(1)

Building height. The heights of buildings shall not exceed 35 feet unless otherwise approved as part of the site plan review for a conditional zoning.

(2)

Off-street parking. Off-street parking shall be provided as required in section 54-176.

(3)

Lot coverage. The maximum permissible lot coverage by the principal building and all accessory buildings shall not exceed the following requirements:

a.

30 percent of the total lot area for one unit;

b.

35 percent of the total lot area for a duplex; or

c.

50 percent of the total lot area for three or more units.

(4)

Accessory uses and structures. Accessory structures, and use of accessory structures, are permitted in any district but shall be subordinate and incidental to a primary use and structure.

a.

An accessory structure may not be established or permitted until the principal structure is established or permitted.

b.

Accessory structure use is limited to those uses permitted in the zoning district in which the structure is located.

c.

Accessory structures may not be located in:

i.

Any portion of the property that is beyond the leading edge of the front façade of a building;

ii.

Any required front yard or side yard setback;

iii.

Within 20 feet of any street or highway line; or

iv.

Within ten feet of any property line that is not a street or highway line, regardless of setbacks.

(Ord. of 5-18-2021; Ord. of 12-21-2021; Ord. No. 2022-151101, § 1, 11-15-2022; Ord. No. 2023-026, § 1, 11-21-2023; Ord. No. 2024-06, § 1, 3-19-2024; Ord. No. 2024-017, § 1(Att.), 9-17-2024)

(a)

Limited uses. Limited uses are permitted by right, in the districts identified in the Table of Uses found in section 54-143 above, and provided that the specific standards set forth in this section are satisfied. The specified standards are intended to ensure these uses fit the intent of the districts within which they are permitted, and that these uses are compatible with other development permitted within the districts. Identified limited uses shall comply with the following specific standards.

(1)

Accessory dwelling units (ADUs). Limited use in R-7, R-10, R-21, R-43, MV, and TR:

a.

General provisions. The following standards apply to all ADUs located in all residential districts.

ADUs shall be:

1.

Co-located on a residential lot containing no more than one single-family detached structure. The residential lot may contain other accessory structures, as allowed in this ordinance.

2.

Located on lots that conform to the minimum dimensional standards for the district in which it is located.

3.

Subordinate to the principal structure in size, location, and height (except as otherwise allowed).

4.

Provided parking at a minimum rate of one space per ADU. Parking for the primary dwelling unit must also be maintained or replaced on site.

ADUs shall not be:

1.

Regarded as additional dwelling units for the purpose of determining minimum lot size, lot width, or maximum density.

2.

Used as a short-term rental.

b.

Additional standards. ADUs may be either attached or detached to the primary dwelling unit, subject to complying with the following standards.

1.

Detached ADUs:

a.

The gross square floor area of the detached ADU shall not exceed 70 percent of the gross floor area of the primary dwelling unit, or 800 square feet, whichever is greater.

b.

The height of a detached ADU may not exceed the height of the principal unit, up to a maximum height of 25 feet.

c.

Detached ADUs must comply with all required setbacks for the district in which it is located.

d.

Detached ADUs must be located to the side or rear of the primary unit and no closer to the street than the leading edge of the primary dwelling on lots that are less than two acres. For lots equal to or greater than two acres, a detached ADU may be placed in any location on the lot provided the structure can comply with all setback requirements.

2.

Attached ADUs that expand the footprint of the existing structure:

a.

The gross floor area of the attached accessory dwelling unit may not exceed 70 percent of the gross floor area of the primary dwelling unit, or 800 square feet, whichever is greater.

b.

The height of the accessory dwelling unit may exceed the height of the existing primary dwelling unit by up to four feet but may not exceed the height limit of underlying district.

c.

The expansion area must comply with all setback requirements for the district in which it is located.

3.

Attached ADUs that do not expand the existing structure and share a common foundation, exterior walls, and roof of the principal dwelling:

a.

May be included within a non-conforming residential structure.

b.

Will not be limited in gross floor area or height.

(2)

Cemetery. Limited use in R-7, R-10, R-21, R-43, C-S-3, and TR:

a.

All burial plots, columbarium, and mausoleum shall be setback 20 feet from all property boundaries and habitable structures of the property.

(3)

Day care home. Limited use in R-7, R-10, R-21, and R-43:

a.

Maximum enrollment: Five children.

b.

Any outdoor play space shall be fenced or otherwise enclosed on all sides, not including driveways, parking areas, or land otherwise unsuited for children's play space and must be setback ten feet from all property lines.

c.

Client drop-off and pick-up shall not obstruct traffic flow on adjacent public streets.

d.

Parking shall not be located in the front yard.

(4)

Home occupation. Limited use in R-7, R-10, R-21, R-43, and MV:

a.

The business activity shall be conducted entirely within the dwelling and carried on by the occupants thereof.

b.

A maximum of one employee who is not a resident of the property shall be allowed.

c.

No retail sales or display of goods, products, services, signage, or other forms of advertising shall be visible from outside of the dwelling.

d.

A maximum of 25 percent of the total floor space of the home may be used for the home occupations.

e.

No mechanical equipment is installed or used except such as normally used for domestic or professional purposes.

(5)

Multi-family dwelling. Limited use in C-S District:

a.

Multi-family dwelling units may only be located on the upper floors of buildings located within 200 feet of Weaverville Road. Distance is measured from the edge of pavement.

(6)

Outdoor storage. Limited use in C-S, C-S-2, C-S-3, and TR:

a.

Only permitted as part of a principal use.

b.

If located adjacent to residential use, must provide a screened buffer yard defined in section 54-10.

(7)

Place of worship. Limited use in R-7, R-10, R-21, R-43, and MV:

a.

For the purposes of these development standards, places of worship shall be placed in the following categories based upon the number of seats in the sanctuary(ies):

1.

Small place of worship—Less than 400 seats in the sanctuary(ies).

2.

Large place of worship—400 seats or more in the sanctuary(ies).

b.

Minimum lot size: The minimum lot size for places of worship shall be as follows:

1.

Small place of worship—Minimum lot size for the zoning district in which the place of worship is located.

2.

Large place of worship—Two acres.

c.

Lot location: Places of worship shall be located as follows:

1.

Small places of worship may be located on any street.

2.

Large places of worship shall be located on property which abuts a major thoroughfare. Places of worship wishing to expand, and which owned the property on which they wish to expand prior to September 1, 2024, shall not be required to meet the lot location standards.

d.

Setbacks: Setbacks for all places of worship shall be as follows:

1.

Front: Same as residential uses in the zoning district.

Side: 20 feet.

Rear: 30 feet.

2.

No parking or other activities shall be located in any of the required setbacks. In addition, parking shall not be located in front of the principal structure(s).

e.

Access points: Access onto place of worship property from local residential streets shall be limited to a total of two driveway access points onto all surrounding local residential streets.

f.

Parking: Off street parking shall be provided at a minimum of one space per eight seats in the sanctuary(ies).

g.

Parking and outdoor activity areas shall be buffered from adjacent residential uses with a buffer as defined in section 54-10.

h.

Impervious surface standards: Impervious surfaces shall not exceed 70 percent impervious.

i.

Offices associated with the activities or business of the place of worship shall not occupy more than 25 percent of the total floor area of the buildings on the lot.

j.

No commercial activities (selling of items to the general public on an on-going basis) shall be permitted.

k.

No warehouse structures shall be permitted.

l.

No facilities for vehicle maintenance shall be permitted.

m.

No grading shall be permitted within ten feet of side and rear property lines, other than for utilities, landscaping, and access.

n.

Outdoor speaker systems are prohibited.

(8)

Shooting range, indoor. Limited use in H-I:

a.

Noise shall be reduced to 40 dbl as measured at the closest residence property line.

b.

Conform to the minimum design standards as outlined in the latest revised edition of The NRA Range Source Book.

(9)

Short-term rental. Limited use in C-S, C-S-2, and C-S-3 districts:

a.

A permit to establish a short-term rental use is required prior the use occurring on the property.

b.

Only one short-term rental shall be permitted for any single-family dwelling or single-family property.

c.

Short-term rental permits shall be limited to one per person, immediate household, LLC, corporation, trust or other legal entity. A person's immediate household shall include a spouse, children, or any other relative residing in the same home. An ownership stake of five percent or more in an LLC, corporation, trust or other legal entity shall constitute ownership for the purposes of this limitation.

d.

No more than ten percent of units in a multi-family or multi-tenant building or development may be used as short-term rentals.

e.

No non-residential activities other than lodging shall be allowed.

f.

No special events may be hosted on a short-term rental property.

g.

The short-term rental owner shall maintain liability insurance on the property, which covers the lodging use and short-term rental guests.

h.

Emergency and contact information including a name, phone number and email address must be posted prominently inside the short-term rental.

i.

The short-term rental owner must pay any applicable taxes, including occupancy and sales taxes, to the appropriate governmental entity.

j.

The short-term rental shall comply with applicable building code.

k.

Violations of these standards, or failure to obtain a permit for a short-term rental shall be subject to enforcement action as set forth in section 54-41 and shall be subject to the following schedule of penalties:

First offense: $100.00.

Second offense: $300.00.

Third offense: $500.00 and revocation of permit for one year.

(10)

Wireless telecommunication, co-location. Limited use in all districts:

a.

Co-located wireless telecommunication facilities are permitted on buildings and other existing structures (other than off-premises signs) which do not require an increase in height to accommodate the facility.

b.

For purposes of this section, antennas mounted on an electric transmission tower shall qualify as a co-located wireless telecommunication facility provided antennas associated with such a facility do not extend more than ten feet above the top of the supporting structure nor more than two feet from the sides of the structure. Equipment enclosures associated with such a facility may be mounted on the structure or placed underground or on the ground. If placed on the ground, equipment enclosures shall be placed on a concrete pad and screened to make them unobtrusive.

c.

All antennas associated with co-located wireless telecommunication facilities mounted on a building or other existing structure (other than a utility pole) shall be flush mounted against the side of the building or structure and camouflaged to match or complement the color and architectural treatment of the surface on which they are mounted.

d.

Antennas associated with a co-located wireless telecommunication facility mounted on a utility pole must be mounted atop the pole or flush mounted against the sides of the pole and shall be colored to match or complement the color of the utility pole and shall be mounted in as unobtrusive a manner as possible.

e.

Antennas associated with a wireless telecommunication facility may not be co-located on a tower or other support structure used by an amateur radio operator.

f.

Equipment enclosures associated with wireless telecommunication facilities mounted on a building or other existing structure (other than a utility pole) shall be mounted inside the building or structure, attached to an exterior surface, or placed underground or on a concrete pad on the ground outside the building or structure. If mounted on an exterior surface, the enclosures shall be colored or camouflaged to match or complement the color and architectural treatment of the surface on which they are mounted. If placed on a concrete pad on the ground, the enclosures shall be screened to make them unobtrusive.

g.

Equipment enclosures associated with a co-located wireless telecommunication facility mounted on a utility pole, must be mounted on the utility pole; provided, however, if combiners are used to allow co-location by sharing of an antenna or antenna array and pole-mounting of equipment enclosures cannot be accommodated on the pole, the combiner and additional equipment enclosures may be placed underground or on a concrete pad on the ground. If placed on a concrete pad on the ground, such additional equipment enclosures shall be screened so as to make them unobtrusive.

h.

All cabling and wiring connecting antennas, equipment enclosures, and other components of a wireless telecommunication facility shall be colored or concealed in a manner as to render them unobtrusive.

i.

Wireless telecommunication facilities located in a local historic district or on a historic landmark shall require a certificate of appropriateness from the historic resources commission.

j.

Generators may not be used as a primary electrical power source. Backup generators shall only be operated during power outages or for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m.

k.

A copy of the applicant's FCC license must accompany its application. If the applicant is not an FCC licensee, the applicant must demonstrate that it has binding commitments from one or more FCC licensees to utilize the wireless telecommunication facility and must submit a copy of each such wireless service provider's FCC license. If FCC licenses have previously been filed with the town in conjunction with other wireless telecommunication facilities, the applicant may certify that such licenses remain in full force and effect.

l.

Abandoned or unused wireless telecommunication facilities shall be removed within 180 days of abandonment or cessation of operations. If not removed within that period, such facilities may be removed as provided in the permittee's maintenance/removal agreement and the costs of removal recovered from the permittee's bond or other security. Prior to removing a wireless telecommunication facility pursuant to this provision, the town shall give 30 days' written notice of its intention to do so to the permittee at its last known address.

(Ord. of 5-18-2021; Ord. No. 2022-151101, § 1, 11-15-2022; Ord. No. 2023-026, § 1, 11-21-2023; Ord. No. 2024-017, § 1(Att.), 9-17-2024)

(a)

Purpose. This district, characterized by steep slopes, is intended to be a quiet, low-density neighborhood consisting of single-family residences along with limited home occupations and limited private and public community uses. It is expected that public water and sewer facilities may not be available to each lot.

(b)

Allowable land uses. All permitted uses, limited uses, and special uses are identified in section 54-143, Table of uses. Standards for limited uses and special uses are found elsewhere in this chapter.

(c)

Dimensional requirements. Within the R-43 Residential District, as shown on the zoning map, the following dimensional requirements per dwelling unit shall be complied with:

(Ord. of 5-18-2021; Ord. No. 2022-0802, § 1, 8-16-2022; Ord. No. 2022-151101, § 1, 11-15-2022)

(a)

Purpose. This district is intended to be a quiet, low density neighborhood consisting of single-family residences and limited home occupations and limited private and public community uses. It is expected that public water and sewer facilities will be available to each lot, providing a healthful environment.

(b)

Allowable land uses. All permitted uses, limited uses, and special uses are identified in section 54-143, Table of uses. Standards for limited uses and special uses are found elsewhere in this chapter.

(c)

Dimensional requirements. Within the R-21 Residential District, as shown on the zoning map, the following dimensional requirements per dwelling unit shall be complied with:

(Ord. of 5-18-2021; Ord. of 12-21-2021; Ord. No. 2022-0802, § 1, 8-16-2022; Ord. No. 2022-151101, § 1, 11-15-2022)

(a)

Purpose. The R-10 Residential District is intended to be a quiet medium density residential district in which the principal use of the land is for residential purposes, with provisions for limited group residential areas and limited private and public community uses. It is expected that public water and sewer facilities will be available to each lot.

(b)

Allowable land uses. All permitted uses, limited uses, and special uses are identified in section 54-143, Table of uses. Standards for limited uses and special uses are found elsewhere in this chapter.

(c)

Dimensional requirements. Within the R-10 Residential District, as shown on the zoning map, the following dimensional requirements per dwelling unit shall be complied with:

(Ord. of 5-18-2021; Ord. of 12-21-2021; Ord. No. 2022-0802, § 1, 8-16-2022; Ord. No. 2022-151101, § 1, 11-15-2022)

(a)

Purpose. The R-7 Residential District is established as a district where two-family and multifamily dwellings will be permitted along with single-family dwellings. It is expected that public water and sewerage facilities will be available to each lot in such districts.

(b)

Allowable land uses. All permitted uses, limited uses, and special uses are identified in section 54-143, Table of uses. Standards for limited uses and special uses are found elsewhere in this chapter.

(c)

Dimensional requirements Within the R-7 Residential District, as shown on the zoning map, the following dimensional requirements per dwelling unit shall be complied with:

(Ord. of 5-18-2021; Ord. of 12-21-2021; Ord. No. 2022-0802, § 1, 8-16-2022; Ord. No. 2022-151101, § 1, 11-15-2022)

(a)

Purpose. The Transitional District serves as a transition between residential and commercial land uses. Within this district, dwellings and businesses have an equal priority and are encouraged to coexist. Commercial uses should primarily serve the neighborhood or local community rather than the region. Square footage limitations ensure that the scale of overall development is kept moderate. It is expected that properties within this district will have above average access to roads and that public water and sewer are available.

(b)

Allowable land uses. All permitted uses, limited uses, and special uses are identified in section 54-143, Table of uses. Standards for limited uses and special uses are found elsewhere in this chapter.

(c)

Access requirements. Adjacent residential land uses and adjacent residential zoning districts shall be protected from excessive traffic generated by uses within this district. All commercial developments permitted within this district must place their entrances and exits in the front yard of their lot. Entrances and exits from parking areas shall not be provided alongside and rear lot lines.

(d)

Buffer strip. All commercial developments in the Transitional District shall establish a buffer strip along property lines that abut adjacent residential land uses and adjacent residential zoning districts. A solid, opaque privacy fence eight feet in height may be used in place of vegetative buffers.

(e)

Dimensional requirements. Within the Transitional District, as shown on the zoning map, the following dimensional requirements per dwelling unit shall be complied with:

(f)

Parking. C-S parking requirements. 75 percent of the parking must be provided in the side or rear of the structure.

(g)

Drive thru facilities. Drive thru facilities are prohibited for all approved uses.

(h)

Hours of operation. Hours of operation for any business or service provided on the site are limited to 7:00 a.m. to 11:30 p.m. All illuminated signs shall be limited to these hours of operation.

(i)

Outside storage of materials or equipment. Outside storage of materials or equipment is prohibited. Materials and equipment may be stored in approved accessory buildings.

(Ord. of 5-18-2021; Ord. of 12-21-2021; Ord. No. 2022-0802, § 1, 8-16-2022; Ord. No. 2022-151101, § 1, 11-15-2022)

(a)

Established. The Mountain Village (MV) District is established as a district to permit a range of mixed high density single-family and multifamily housing types along with limited office, public, civic, and retail uses appropriate within higher density residential areas. It is intended that this district be located near employment centers, shopping facilities, roads and other urban infrastructure capable of handling the demand generated by higher density residential development and/or capable of being upgraded to handle the demands. The Mountain Village District may only be established in accordance with the procedure in section 54-156 Conditional Districts. For existing areas zoned Mountain Village, initial development is limited to uses found in section 54-143 and restrictions of section 54-144, as applicable, with larger projects subject to section 54-156, as defined therein.

(b)

Uses. The Mountain Village District shall be structured to provide a mix of uses, like residential, retail, employment, civic, and recreational uses. In addition, a variety of housing options is required to allow a greater diversity of residents within the neighborhood.

A minimum of 15 percent of the land area within a Mountain Village District should be devoted to nonresidential uses. Residential uses are allowed on the upper floors of these uses, as appropriate.

(c)

Development standards.

(1)

Density standards. Mountain Village Districts shall maintain a maximum average density of eight units per acre.

(2)

Structure size standards. None required.

(3)

Lot size standards.

a.

There is no minimum lot size for the Mountain Village Residential District. It is expected that any property zoned Mountain Village will be five acres or more in size. Layout and configuration of the (buildings, structures, amenities, roads, etc.) actual dwelling units will be in the form of a master plan approval that will guide the placement and development of residences, commercial buildings, and amenity areas.

b.

Significant changes to an approved conditional zoning will need approval from the board of commissioners and will be subject to public hearing and review as outlined elsewhere in this Code for conditional zoning districts. The master plan shall provide all information indicated in the conditional zoning provisions. Shall be submitted to the town for approval.

(4)

Lot width standards. Lots in the MV District shall have no minimum width.

(5)

Setback standards. There are no setback requirements imposed by the Mountain Village zoning classification. Landscaping and buffering requirements between the Mountain Village and adjacent properties may result in setbacks from adjacent properties; if so, the landscaping and buffering requirements shall be met. Within the village center, buildings shall be located no further than five feet from the edge of the sidewalk, with the exception of buildings that provide a courtyard or green. Buildings providing a courtyard or green may be setback up to 25 feet from the edge of the sidewalk and the main facade of these buildings shall face the green. The minimum spacing between structures shall, in addition, be as per the county fire code.

(6)

Impervious surface standards. A maximum of 70 percent of the total land area in the Mountain Village may be impervious

(7)

Height standards. As described elsewhere in this Code.

(8)

Landscaping/buffering standards. Landscaping and/or buffering shall be provided as part of an approved master plan. Such plan will be designed by a licensed state landscape architect and must be approved as part of the master plan and shall include the following, as applicable:

a.

A-buffer with a minimum width of 15-feet between the Mountain Village and adjacent dissimilar zoning;

b.

Large maturing street trees on both sides of new and existing streets at a ratio of one tree per 40 linear feet of street frontage;

c.

Buffering of parking areas when located within 30 feet from streets with a minimum ten-foot wide buffer strip planted with trees and shrubs;

d.

Interior landscaping of parking lots at a ratio of one tree and two shrubs per five parking spaces with the landscaping evenly distributed throughout the parking area with no parking space located more than 60 feet from a tree;

e.

A minimum of 75 percent of the plant material used to meet the landscaping and buffering requirements shall be plants native to the mountains of Western North Carolina.

(9)

Parking/loading standards. Parking and loading facilities shall be provided as required by section 54-176. Parking areas with more than 100 parking spaces shall have a landscape aisle with a minimum width of 20 feet within the parking area that separates the parking area into subareas of approximately equal size. On-street parking provided within the Mountain Village may provide up to 50 percent of the required parking for the uses in the Mountain Village. Parking for bicycles, in the form of bike racks or other device, shall be provided by all nonresidential uses.

(10)

Recreational/open space standards. Open space shall be provided as a requirement of the master plan. Options for recreational/open space shall include parks, playgrounds, walking trails, swimming pools and sports fields and courts. The recreational/open space shall be accessible and useable by residents of, and visitors to, the Mountain Village. Recreational/open space shall be provided at a ratio of 500 square feet per residential dwelling unit and 100 square feet per 1,000 gross square feet of nonresidential uses. Recreational/open space and public spaces shall be provided in the Mountain Village to provide opportunities for recreation, public gathering, stormwater infiltration, and enhanced aesthetics. Recreational/open space areas may be developed for active and/or passive recreational purposes or left in their natural state. Public spaces may be landscaped, hardscaped, or a combination of these treatments.

(11)

Sidewalks/trails. Pedestrian connectivity is required throughout the Mountain Village. Sidewalks greenways, and/or trails shall be provided to connect all sections of the development and uses within the Mountain Village. Where provided, sidewalks shall be located adjacent to streets and roads and separated from the street by a planting strip with a minimum width of four feet. Sidewalks in residential areas shall have a minimum width of five feet and meet all standards of the town; sidewalks in mixed use and nonresidential areas shall have a minimum width of six feet and meet all standards of the town. Greenways may be constructed in lieu of and/or in addition to sidewalks. The minimum width for greenways shall be ten feet and they must meet all standards of the town. Greenways, trails, and sidewalks shall connect to existing greenways, trails, and sidewalks on adjacent property and/or shall provide for future connections to adjacent properties and public ways.

(12)

Building design.

a.

It is recommended the design of buildings in the Mountain Village reflect the character of Western North Carolina and be designed and constructed to achieve the goal of creating sustainable buildings that can serve multiple uses as the village grows and changes over time. Applications and master plans for Mountain Villages must be accompanied by urban and architectural design guidelines to be prepared by the applicant. Building materials within the Mountain Village are recommended to be quality, sustainable materials that contribute to the long-term economic viability of the Mountain Village. Vinyl and exterior insulation and finish systems (EIFS) and similar artificial materials are not permitted.

b.

Standards for nonresidential structures include:

1.

Buildings shall front on the street, with parking located beside or behind the building.

2.

Doors shall be located on the street side of buildings.

3.

A pedestrian connection shall be provided from the sidewalk to the front door of the building.

4.

Safe pedestrian connections shall be provided from and through parking areas to the entrances of all buildings and to sidewalks.

(Ord. of 5-18-2021; Ord. of 12-21-2021; Ord. No. 2023-024, § 1, 10-17-2023)

(a)

Purpose. The C-S Community Shopping District is established as the district in which retail trade and consumer services uses will expand as the community's and region's population increases.

(b)

Allowable land uses. All permitted uses, limited uses, and special uses are identified in section 54-143, Table of uses. Standards for limited uses and special uses are found elsewhere in this chapter.

(c)

Dimensional requirements. Within the C-S Community Shopping District the following dimensional requirements shall be complied with:

(Ord. of 5-18-2021; Ord. No. 2022-151101, § 1, 11-15-2022)

(a)

Purpose. The Community Shopping Type 2 Zone (C-S-2) is intended to accommodate a small number of commercial activities along with complementary public uses, residential and services concentrated in mixed-use developments along strategic points of the secondary transit system.

The purpose of the Community Shopping Type 2 Zone will be to minimize the distance individuals will need to travel between home, work, and necessary services. The mixture of acceptable uses will include a core group of non-invasive commercial, medical and educational uses distinctly different from normally accepted commercial applications and in deference to existing and proposed residential uses. In addition, to reducing dependence upon our increasingly stressed transportation system, the Community Shopping Type 2 Zone will allow maximum developmental value to be achieved along designated strategic corridors. It is the intention of the Community Shopping Type 2 Zone to enhance and diversify development of the town's strategic corridors and to prevent commercial, residential and industrial uses that are incompatible with the long-range development goals of the town.

The proposed definition will read as follows: Community Shopping Type 2 Zone (C-S-2). The following mixed-use district is established:

The purpose of the Community Shopping Type 2 Zone is to provide for a significant and steady increase in the economic development of the town in key areas while protecting and safeguarding existing and future residential development from encroachment by incompatible uses. This zone will allow a degree of latitude for potential development along designated strategic corridors in close proximity to major transportation corridors that is unavailable in transitional zoning districts. The C-S-2 Zone will allow for controlled development with a mixture of uses that are designed for their compatibility with residential development. It is also expected that the C-S-2 Zone will reduce demands on local transportation infrastructure, thereby preserving quality of life within the town.

(1)

The Community Shopping Type 2 Zone is intended to provide for commercial and limited high-density residential uses in specific areas that are in close proximity to major transportation corridors and residential development.

(2)

Suitable development of a residential nature will be allowed as a special use within the Community Shopping Type 2 Zone within the confines developed by the board of adjustment.

(3)

This article will allow for the specific prohibition of certain residential and commercial applications within the Community Shopping Type 2 Zone.

(b)

Allowable land uses. All permitted uses, limited uses, and special uses are identified in section 54-143, Table of uses. Standards for limited uses and special uses are found elsewhere in this chapter.

(c)

Dimensional Requirements. Within the C-S Community Shopping Type 2 District the following dimensional requirements shall be complied with:

(Ord. of 5-18-2021; Ord. of 12-21-2021; Ord. No. 2022-151101, § 1, 11-15-2022)

(a)

Purpose. The Community Shopping Type 3 Zone (C-S-3) is intended to accommodate high density commercial activities along with complementary public uses, and or high-density residential developments concentrated along strategic points of the primary transit system that meet the town's specifications for extraordinary commercial signage.

The purpose of the Community Shopping Type 3 Zone will be to identify and maximize the utility of certain parcels of land that are determined by the town to meet certain criteria that prevent the application of chapter 34 as applied in similarly situated properties within other zoning districts from being effective. Inclusion within the Community Shopping Type 3 Zone is based upon a non-binding determination by staff on the need for such application, a recommendation by the planning after a duly called public hearing and an independent and binding finding by a majority of the board of commissioners meeting at a duly called public hearing on such a matter. In the event of a successful protest petition then a super majority of the board of commissioners would be required to enact such a zoning as outlined within the town land use ordinance.

Parcels contained within C-S Type 3 Zone will necessarily be adjacent to major transportation corridors alternately known as primary arterial roads as defined by and adopted by the board of commissioners of the town as they should see fit. Further such parcels will lend themselves to large scale and/or high-density commercial enterprise due to: location, access to major transportation, visibility, lot size, or topography. Application for inclusion within C-S Type 3 Zone may be made by any property holder owning title to property which he believes meets any one of the criteria for inclusion, however, a property owner application is not required in order for staff to recommend a site for inclusion within the C-S Type 3 Zone.

The mixture of acceptable uses within the C-S Type 3 Zone may include everything from normally accepted commercial applications to light industry to high-density residential. In addition, to reducing stress upon our local transportation system, the revised C-S Type 3 Zone is designed to allow large scale commercial investment within the town to be achieved along designated strategic corridors. It is the intention of the board of commissioners that the C-S Type 3 Zone enhances opportunities for desirable commercial, light industrial and high-density residential development along the town's strategic corridors and to permit commercial, residential and industrial uses that are compatible with the long-range development goals of the town. Further it is the intention of this article to limit the potential negative impacts of such development by regulating their location within the municipality to a higher degree than the traditional Community Shopping Type 3 Zoning designation currently allows.

The proposed definition will read as follows: Community Shopping Zoning (C-S Type 3). The following mixed-use district is established:

The purpose of the Community Shopping Type 3 (C-S Type 3) Zone is to provide for the economic development of the town with a focus on areas of intense commercial value located adjacent to primary arterial roads as designated by the board of commissioners of the town. This zone will allow maximum latitude for potential development along strategic corridors in close proximity to major transportation corridors. In addition to opening designated sections of the town for high value controlled development, the mixture of uses contained within the C-S Type 3 Zone is expected to enhance opportunities for large scale commercial investment within the corporate limits of the town. Further, it is the intent of this article to encourage development of commercial, light industrial and or high density residential development in a manner that will best serve the citizens of the town by enhancing tax base, limiting stress on municipal services and infrastructure, and creating opportunities for employment and investment that are deemed in the best interest of and to meet the needs of the citizens of the town as may change from time to time and are best interpreted in zoning matters by their elected officials.

(1)

The C-S Type 3 Zone is intended to provide for commercial, light industrial, and limited high-density residential uses in specific areas that are adjacent to primary arterial corridors.

(2)

Properties located within the C-S Type 3 Zone will be subject to the chapter 34 regulations laid out within chapter 34 for this standalone district. Within said district, should a conflict arise between chapter 34's general requirements and the C-S Type 3 Zone requirements, then the C-S Type 3 Zone requirements shall be deemed the defining regulations.

(3)

Suitable development of a residential nature will be allowed only as a special use within the C-S Type 3 Zone, within the confines as approved by the board of commissioners. Typically, residential developments allowed within this district will be apartment and/or condominium complexes of a high density nature.

(4)

Suitable development of certain light industrial applications will be allowed as a special use within the confines approved by the board of commissioners. Property owners seeking inclusion within the C-S Type 3 Zone will need to specifically identify why their proposed use should be included within the C-S Type 3 Zone classification unless recommendation for inclusion within said district comes from staff or independent action by the board of commissioners. This article will allow for the specific prohibition of certain residential and light industrial applications within the Community Shopping Type 3 Zone.

(5)

Significant change in use without obtaining prior approval from the board of commissioners or discontinuation of use of any commercial, light industrial or residential use operating under a special use permit within the C-S Type 3 Zone shall be deemed grounds for the board of adjustment to begin review of the property in question for a change in zoning status to traditional C-S.

(b)

Allowable land uses. All permitted uses, limited uses, and special uses are identified in section 54-143, Table of uses. Standards for limited uses and special uses are found elsewhere in this chapter.

(c)

Dimensional requirements. Within the C-S Community Shopping Type 3 District the following dimensional requirements shall be complied with:

(Ord. of 5-18-2021; Ord. of 12-21-2021; Ord. No. 2022-151101, § 1, 11-15-2022)

(a)

Purpose. The L-I Light Industrial District is established as a district in which the principal use of land is for light industrial and warehousing uses which normally seek locations on large tracts of land where the operations involved do not detract from the development potential of nearby undeveloped properties.

(b)

Allowable land uses. All permitted uses, limited uses, and special uses are identified in section 54-143, Table of uses. Standards for limited uses and special uses are found elsewhere in this chapter.

(c)

Dimensional Requirements. Within the L-I Industrial District, as shown on the zoning map, the following dimensional requirements per dwelling unit shall be complied with:

(Ord. of 5-18-2021; Ord. No. 2022-0802, § 1, 8-16-2022; Ord. No. 2022-151101, § 1, 11-15-2022)

(a)

Purpose. The H-I Heavy Industrial District is designed to accommodate all but the most obnoxious industries. However, it is expected that industries permitted here by right, as well as those special uses, will minimize their emission of smoke, dust, fumes, glare, noise and vibrations.

(b)

Allowable land uses. All permitted uses, limited uses, and special uses are identified in section 54-143, Table of uses. Standards for limited uses and special uses are found elsewhere in this chapter.

(c)

Dimensional requirements. Within the H-I Industrial District, as shown on the zoning map, the following dimensional requirements per dwelling unit shall be complied with:

(Ord. of 5-18-2021; Ord. No. 2022-0802, § 1, 8-16-2022; Ord. No. 2022-151101, § 1, 11-15-2022)

(a)

Purpose. The purpose of this section is to provide standards for the safe and compatible location of manufactured home communities (MHC) within the Town of Woodfin. This section establishes standards for the development and location of manufactured home communities as defined in section 54-10.

(b)

Allowable land uses. Manufactured home communities are allowed within the MHC district. The uses permitted in the development, alteration, or expansion of any manufactured home community will be in accordance with section 54-143, designation of districts and uses allowed.

(c)

Access requirements. All entrances/exits of the manufactured home shall have steps and/or ADA compliant ramps. Streets shall be graded and surfaced with gravel (5" minimum) or pavement and be a minimum width of 18 feet.

(d)

Buffer strip. When an MHC abuts a nonresidential use, a minimum six-foot-high screening device such as a sight-obscuring fence and a minimum five-foot-wide planting area must be installed along the abutting property line of the new MHC.

(e)

Dimensional requirements. Within the MHC district, as shown on the zoning map, the minimum lot size to establish a manufactured home community is two acres with the following dimensional requirements:

(f)

General information. No manufactured home community within the jurisdiction of the town shall be established, altered, or expanded until a development plan has been approved and all necessary permits are obtained.

(g)

Pre-application meeting. A meeting with the planning director or other planning staff is required to review the conceptual plans. Plans shall be drawn by a land surveyor or professional engineer licensed to practice in North Carolina at a scale of not less than one quarter inch equals 100 feet.

(h)

Plan requirements. In addition to the other requirements of this chapter, an applicant seeking a zoning permit to establish, alter, or expand a manufactured home community, must submit a detailed plan prepared by a licensed design professional which identifies the items included on the site plan checklist on file with the planning department.

(i)

Building coverage. For each lot/space located within the MHC, the maximum lot coverage may not exceed 60 percent.

(j)

Building height. No building or structure within the MHC may exceed 35 feet in height.

(k)

Separation distance. A manufactured home, manufactured home accessory structure, and other structures on a lot/space within the MHC may not be located within 25 feet of another manufactured home/structure.

(l)

Access and streets.

(1)

Entrance and exits. All entrances/exits of the manufactured home shall have steps and/or ADA compliant ramp.

(2)

Community street construction. Streets shall be graded and surfaced with gravel (5" minimum) or pavement and be a minimum width of 18 feet.

(3)

Community signage. Each MHC shall have a community identification sign located at the entrance in accordance with chapter 34, signs.

(4)

Access to public streets. Each manufactured home lot/space shall have direct vehicular access to an internal private street, however; no manufactured home lot/space shall have direct vehicular access to a public or private street outside of the development.

(m)

Parking requirements.

(1)

Off-street parking. Two off-street parking spaces shall be provided within each manufactured home lot/space and cannot be located between the front of the home and the public street. Parking spaces must be at least four feet away from the home.

(2)

On-street parking. On-street parking areas may be utilized if the street within the manufactured home communities is designed and constructed to accommodate on-street parking.

(3)

Combination. To meet the two-parking space requirement, a combination of off-street and on-street parking is allowed.

(n)

Pedestrian circulation. Manufactured home communities must have pedestrian walkways, a minimum of five feet wide, located on at least one side of the access road serving manufactured homes, communities centers, and open space/recreational facilities. Where practical, the pedestrian walkways must be located adjacent to streets serving the homes, communities centers, and open space/recreational facilities.

(1)

Water, sewer, sanitation. There shall be a general demonstration that water, sewer, and other needed utilities can be made available to accommodate the proposed development. A certification letter from the Buncombe County Health Department shall be submitted prior to zoning approval.

(2)

Water. An accessible, adequate, safe, and potable supply of water shall be provided in each manufactured home community. Where an approved public water supply is available, connection shall be made there, and its supply used. When a public water supply is not available, adequate water supply shall be developed in accordance with the Buncombe County Health Department standards.

(3)

Sewer. Adequate and safe sewage disposal facilities shall be provided in all manufactured home communities. Collection systems and sewage treatment plants shall follow the requirements of the North Carolina Department of Environmental and Natural Resources. Individual septic tank systems can be considered if soil, topography, and ground water conditions are favorable, and approval is granted by the Buncombe County Environmental Health Department.

(4)

Sanitation. Communities must provide a sanitation service that consists of either each home having its own container, or a dumpster provided for the entire development. Dumpsters must be screened from public view and shall be maintained to avoid accumulation of rubbish outside of the container.

(o)

Stormwater runoff. Storm drainage discharge must be designed and engineered to the towns stormwater standards found in chapter 41, stormwater.

(p)

Common open space. At least ten percent of the total area must be set aside as open space. A common open space may be designed for active or passive recreation. Driveways, parking lots, and required yard areas are not open space. Steep slopes and other unsuitable areas shall not be counted towards the ten percent minimum. Open space areas shall be maintained by the property owner in a safe and sanitary manner and available to all residents of the communities.

(q)

Outdoor lighting. Manufactured home communities must provide and maintain downward facing or shielded illumination for the night use of community streets, parking, storage areas, pedestrian walkways, and communities and recreational facilities as specified in chapter 26, outdoor lighting.

(r)

Landscaping. Landscaping requirements are provided as follows:

(1)

All landscaping must include native vegetation.

(2)

All areas of the required open space must be landscaped except for those portions of the area covered by sidewalks and/or recreational facilities.

(3)

Parking and storage areas for manufactured home communities shall consist of a planted strip at least ten feet in width, composed of deciduous or evergreen trees or a mixture of each, spaced not more than 20 feet apart and not less than one row of dense shrubs, spaced no more than five feet apart. The parking and storage landscaped area must be contained by a bumper rail or curb, which is at least four inches high.

(4)

When an MHC abuts a nonresidential use, a minimum six-foot-high screening device such as a sight-obscuring fence and a minimum five-foot-wide planting area must be installed along the abutting property line of the new MHC.

(s)

Replacement manufactured homes. Replacement manufactured homes in a manufactured home communities shall be Class A or Class B as defined in section 54-10. All other classes of manufactured homes are prohibited.

(t)

Pre-existing nonconforming uses. Manufactured and manufactured home communities established prior to the effective date of the ordinance codified in this chapter, and inconsistent with the standards developed in chapter 54, here within, shall be considered pre-existing, nonconforming uses consistent with the requirements found in article XII, nonconformities, excepting that section 54-346(a) and section 54-346(b) shall not apply when the pre-existing, nonconforming home is moved to and/or within a manufactured home community established prior to the effective date of the ordinance codified in this chapter. Expansions to nonconforming manufactured home communities will be required to standards set forth in section 54-342, nonconforming sites.

(Ord. No. 2024-06, § 1, 3-19-2024)

(a)

Purpose. The Manufactured Home Overlay District—MHO, is intended to:

•

Accommodate manufactured homes in all residential districts;

•

Provide affordable housing opportunities consistent with surrounding land uses;

•

Increase the supply of affordable housing units;

•

Discourage displacement of existing residents and housing units.

(b)

Permitted uses. All permitted uses, limited uses, and special uses are identified in section 54-143(b), Table of uses. Manufactured homes are permitted in the MHO district subject to the required conditions of the underlying zoning district.

(c)

Designation of a Manufactured Home Overlay District.

(1)

A Manufactured Home Overlay District may be established as provided in article IV.

(2)

The Manufactured Home Overlay District can be applied over the following residential districts: R-7, R-10, R-21, R-43 and MV.

(Ord. No. 2024-06, § 1, 3-19-2024)

(a)

Purpose. For each general use zoning district, this ordinance authorizes the creation of parallel conditional zoning districts that have the same requirements as the general use district, as modified by one or more site-specific conditions. The conditional zoning district classification allows the board of commissioners to consider proposed uses and tailor the zoning to accommodate those uses while addressing anticipated problems that may arise from the establishment of the proposed uses. This section sets forth the types of conditional zoning districts and explains their relationship to the general use districts.

(b)

District. Each general use district shall have a corresponding conditional zoning district and shall be indicated on the Official Zoning Map by the initials "CZ" in front of the associated base zoning district designation.

Due to their size and level of activity, major developments are expected to have a significant impact upon public services and infrastructure and need to be managed for the benefit of the neighborhood or town as a whole. Approval for any major development within the Town of Woodfin requires a rezoning to one of the conditional districts specified in section 54-156 of the Town Code. For the purposes of this section, a "major development" is defined as a residential development, or common plan of development, containing 20 or more dwelling units, or a commercial or industrial development, or common plan of development, containing more than 30,000 square feet of interior floor space. Notwithstanding any other provision of the town's zoning ordinances, this requirement that major developments must be reviewed under the town's conditional zoning process shall apply to all zoning districts within the Town of Woodfin.

The Mountain Village district may only be established through the conditional zoning process in accordance with the provisions of this section.

(c)

Conditions and requirements. The approval for each conditional zoning district shall specify all conditions of development and use of land that differ from the requirements of the corresponding general use district. Specific conditions may be proposed by the petitioner, by staff, or by the board of commissioners, but only those conditions approved the board of commissioners and consented to by the petitioner in writing may be incorporated into the zoning regulations. Such conditions must be designed to help the project conform to the town's adopted ordinances and plans, and/or mitigate the impacts reasonably expected to be generated by the developer or use of the site. Reclassification of land to a conditional zoning district allows a landowner to propose, and the board of commissioners to consider, additional conditions or restrictions on the range of allowable uses, use standards, development intensities, development standards, and other regulations applicable in the parallel general zoning district.

Notwithstanding the foregoing, upon request of the applicant, the board of commissioners may waive or vary a specific development standard or requirement if the board of commissioners find that such waiver or variance is not contrary to the public interest and not inconsistent with the intent and purposes of this chapter.

(d)

Applicant and property information. Conditional zoning districts are intended for voluntary proposals submitted in the names of the owners of all property included in the petition/application. A conditional zoning district shall consist of land under unified control which may be planned and developed as a single development or as an approved programmed series of development phases by multiple developers. The applicant shall be legally capable of providing commitment to the town that the conditional zoning district development will comply with all documents, plans, standards, and conditions ultimately approved by the town.

(e)

Approval process. The approval process for a conditional zoning district rezoning is as follows:

(1)

Initial information meeting with staff. The applicant may submit a sketch plan to Woodfin Planning Staff and discuss any questions or concerns with the proposed development project in order to ensure the applicant fully understands the review and approval process, submittal requirements, appliable deadlines, fees and overall expectations for the project and application submittal process. The sketch plan, at a minimum, shall address the following:

a.

The underlying zoning districts and a full list of proposed uses consistent in character in those zoning districts. Such use classifications may be selected from any of the uses, whether permitted by right or with supplemental standards, allowed in the general zoning district upon which the conditional zoning district is based. Uses not otherwise permitted in the general zoning district, shall not be permitted in the conditional zoning district.

b.

General traffic routes to and from the development with major access points identified.

c.

Tabular data, including the range and scope of proposed land uses, proposed densities, floor area ratios and impervious surface ratios as applicable to development type; and land areas devoted to each type of general land use and phase of development.

d.

A proposed development schedule if the project is to be phased.

(2)

Public information meeting. In connection with all requests for any conditional zoning district rezoning application for a nonresidential proposed use abutting a residentially zoned district and any proposed development project that meets the traffic thresholds requiring a traffic impact analysis, the applicant shall hold a public information meeting. The purpose is to provide a framework for creating a shared vision with community involvement and is designed to facilitate communication between an applicant and adjacent and surrounding property owners and to alert town planning staff and the town planning board and board of commissioners to additional potential issues and concerns with the proposed development project. The applicant shall develop and provide to town planning staff an agenda, schedule, location and list of participants to answer questions from citizens. The town may post the public information meeting to its website. town planning staff may attend the public information meeting but is not required to do so.

(3)

Traffic impact analysis. A traffic impact analysis prepared by a licensed engineer is required only when it is estimated that either peak hour trips from the proposed development project are estimated to exceed 200 or the total daily trip volume from the proposed development project is estimated to exceed 2,000. If the project meets N.C.D.O.T. Traffic Impact Analysis guidelines, a single analysis meeting both N.C.D.O.T.'s requirements and the requirements of this ordinance may be submitted. The traffic impact analysis shall include at a minimum:

a.

Existing traffic conditions within the study area boundary

b.

Traffic volumes generated by the existing and proposed development on the parcel, including the morning peak, afternoon or evening peak and average annual daily traffic levels

c.

The distribution of existing and proposed trips through the street network

d.

Analyses of the capacities of intersections located within the study area boundary

e.

Recommendations of improvements designed to mitigate traffic impacts; and

f.

Other information reasonably requested by the administrator that is reasonably related to the traffic impact of a proposed development.

(4)

Application submittal and acceptance. All applications for conditional zoning shall be accompanied site plan(s) prepared by a licensed professional, drawn to scale, and that includes all applicable information as identified on the site plan checklist supplied by the planning department, in addition to any other plans, drawings, renderings, elevations, maps and documents specifically included as development documents for approval.

a.

Formal staff review. Town staff shall review the application materials to identify issues or concerns with the proposed development and determine compliance with the requirements of this chapter and other applicable development standards. Town staff will provide detailed comments to the reviewing board regarding issues identified and recommend any necessary changes or conditions to the application materials to bring it into compliance with all applicable development requirements and the town's comprehensive plan.

b.

Public hearing required. The conditional zoning district rezoning approval decision is a legislative process subject to judicial review using the same procedures and standard of review as apply to general use district zoning decisions. The conditional zoning application shall be considered and treated as a zoning map amendment. In considering any petition for a conditional zoning district rezoning, the town shall follow all the procedures set forth in section 54-69 and North Carolina General Statutes.

c.

Planning board recommendation. After holding the public hearing, the planning board of adjustment may recommend approval of the application, including recommending conditions for the zoning; recommend denial of the application; or continue the consideration of the application to receive further information. If recommending approval or denial of the application, the planning board of adjustment must provide a written recommendation addressing the consistency of the proposal with the comprehensive plan and other adopted plans.

d.

Review by town council. Upon receipt of the recommendations from the planning board of adjustment, the town council shall hold a public hearing on the application for conditional zoning.

e.

Conditional zoning document recordation. All approved conditional zoning ordinances, in addition to any site and building plans that are referenced in the associated project conditions shall be recorded with Buncombe County Register of Deeds. A copy of the recorded documents must be supplied to the planning department within 30 days of approval.

(Ord. of 5-18-2021; Ord. of 12-21-2021; Ord. of 2-15-2022(3); Ord. No. 2025-010, § 1, 6-17-2025)

(a)

Site plan required. All applications for zoning permits shall be accompanied by a site plan(s) identifying all applicable information listed in the site plan checklist(s) kept on file with the Town of Woodfin Planning Department.

(Ord. of 5-18-2021; Ord. No. 2025-010, § 1, 6-17-2025)

(a)

Purpose. The purpose of this section is to establish standards and procedures for the town entering into development agreements for long-term, large-scale developments. The intent of development agreements is to allow the town board of commissioners flexibility in managing large projects which may have a variety of uses and purposes included in a master plan, or which would otherwise not be appropriate for a traditional neighborhood development or other zoning district designation available at the time of the development plan approval.

(b)

Authority. The town may enter into a development agreement with a developer, subject to the procedures and standards of this section. In entering into such a development agreement, the town may not exercise any authority or make any commitment not authorized by general or local act and may not impose any tax or fee not authorized by otherwise applicable law.

(c)

Vested rights. Development agreements are intended to provide assurances of vested rights for a period of up to five years, unless a timeframe is otherwise provided in the development agreement itself, in cases where a project may be constructed over tine or in phases.

(d)

Relationship to zoning, subdivision, and other ordinances. In conjunction with this ordinance all development proposals shall meet any and all local, state, and federal requirements which include but are not limited to the North Carolina Building Code, North Carolina Fire Code, and local stormwater and flood hazard prevention ordinances. To the extent that the development plan does not fall specifically within existing town zoning, the development agreement ordinance will create a new zoning district specifically for the development agreement's planning area. The development agreement may also state that land use intensities, heights, setbacks, floor area, lot sizes and widths, recreation space, parking requirements, impervious surface limitations and other dimensional standards be specified in the agreement.

(e)

Application. The application shall include a master plan that depicts the general configuration and relationship of the principal elements of the proposed development, including major uses, building types, pedestrian and vehicular circulation, open space, public utilities, and phasing. An application for a development agreement shall included a proposed development agreement that shall, at a minimum, including all of the following:

(1)

A legal description of the property subject to the agreement and the names of its legal and equitable property owners.

(2)

The duration of the agreement.

(3)

A development schedule, including commencement dates and interim completion dates at no greater than five-year intervals.

(4)

The development uses permitted on the property, including population densities and building types, placement on the site, and design.

(5)

A description of public facilities that will service the development, including who provides the facilities, the date any new public facilities, if needed, will be constructed, and a schedule to assure public facilities are available concurrent with the impacts of the development.

(6)

A description, where appropriate, of any reservation or dedication of land for public purposes and any provisions to protect environmentally sensitive property.

(7)

A description of all local development permits approved or needed to be approved for the development of the property together with a statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction does not relieve the developer of the necessity of complying with the law governing their permitting requirements, conditions, terms, or restrictions.

(8)

A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the local government for the public health, safety, or welfare of its citizens.

(9)

A description, where appropriate, of any provisions for the preservation and restoration of historic structures.

(10)

An indemnification and "hold harmless" clause whereby the developer/property owner holds the town and its agents harmless from liability for damages, injury or death that may arise from the direct or indirect operations of the owner, developers, contractors, and subcontractors that relate to the project.

(f)

Procedure.

(1)

As part of staff review of the application, the town administrator may negotiate revisions to the proposed development agreement consistent with the provisions of this section.

(2)

Following staff review and preparation of a staff report, the development agreement shall be forwarded to the planning board for public input and planning board comment. Before a development agreement is presented to the planning board, staff shall prominently post a notice of the public hearing on the site of the proposed development agreement not less than ten days no more than 25 days prior to the hearing. Within the same time frame, staff shall provide first class mail to all property owners within 150 feet of the property boundary. For the purpose of this section, properties are abutting even if separated by a street, railroad, or other transportation corridor.

(3)

The board of commissioners shall consider the recommendation of the planning board in a legislative hearing. In addition to the notice requirements in section (f)(2), staff shall place notification in a newspaper of general circulation once a week for two successive calendar weeks. The board of commissioners may decide to:

i.

Enter into the development agreement as submitted.

ii.

Enter into the development agreement application subject to modifications agreed to by the application in writing,

iii.

Not enter into the development agreement, or

iv.

Remand the application back to the planning board for further consideration.

(g)

Recordation. Within 14 days after entering into a development agreement, the city shall record the agreement with the Buncombe County Register of Deeds.

(Ord. of 5-18-2021)