Asheville Zoning Codes - Complete

This page can be accessed by going to Asheville eGov Center and selecting City Ordinances from the General Information Secion ARTICLE VIII. GENERAL USE DISTRICTS

CHAPTER 7 - ARTICLE VIII. GENERAL USE DISTRICTS

Sec. 7-8-1. Enumeration and description of districts; designation of districts on official zoning maps.
(a) � Criteria for zoning districts. For the purposes set forth in Article I, the City of Asheville and its extraterritorial jurisdiction are divided into zoning districts taking into account the design, size, and/or location of one or more of the following:
(1) � Transportation facilities, including streets, sidewalks, and bridges;
(2) � Schools, parks, greenways, and other public facilities and requirements;
(3) � Police protection;
(4) � Fire protection;
(5) � Sanitary sewer and stormwater drainage structures;
(6) � Water supplies for purposes of fire protection and consumption;
(7) � Access and location to other utility services;
(8) � Potential hazards from fire, flooding, and diseases;
(9) � Access to light and air from buildings;
(10) � Access for fire and police protection and refuse collection;
(11) � Protection for occupants of dwellings from noise, dust, and gases caused by traffic and other uses;
(12) � Topography and other natural features; and/or
(13) � Current uses of land and buildings for residences, businesses, industries, churches, 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) � Enumeration and descriptions of zoning districts. There are two types of zoning districts:
(1) � General use districts are those in which a variety of uses are permitted. The general use districts established in this article are classified from "highest" to "lowest" in the following order:
"Highest"
RS-2 Residential Single-Family Low Density District
RS-4 Residential Single-Family Medium Density District
RS-8 Residential Single-Family High Density District
RM-6 Residential Multi-Family Low Density District
RM-8 Residential Multi-Family Medium Density District
RM-16 Residential Multi-Family High Density District
Neighborhood Business District
Office District
Office II Distirct
Office/Business District
Community Business I District
Community Business II District
Resort District
Institutional District
Highway Business District
Regional Business District
Central Business District
River District
Commercial Industrial District
Industrial District
Urban Village District
Neighborhood Corridor District
Urban Residential District
"Lowest"
For any district where an overlay district is found, the overlay district shall have the same order as the general use district for the purpose of determining its hierarchy under the table.
(2) � Overlay districts are zoning districts which overlap one or more general use districts. Overlay districts (Article IX) involve additional regulations on some or all property within underlying general use districts. The following overlay districts are established:
a. � Planned unit development overlay district. Planned unit development (PUD) Districts are established to encourage creativity in the design and construction of developments. Improved utilization of land, reduced development costs, and lower energy costs, can be achieved through the design flexibility permitted in the PUD district. Housing types can be mixed in a residential PUD, and a limited amount of commercial development is permitted to serve the residents. Within a PUD, sensitive areas (floodplains, steep slopes) can be preserved through the clustering of development. The goal of the PUD district standards is to encourage the wise use of land while providing for lower development costs.
b. � Historic preservation overlay district(s). Asheville's historic areas are important assets to the city. The protecting and conserving of the historic areas is encouraged through the establishment of historic preservation overlay districts. Designation of an area as an historic district and the development of design guidelines for the area help preserve the architectural integrity of the area and stabilize and enhance property values. Historic districts, protected by designation as preservation overlays, serve as valuable educational tools and as tourist attractions.
c. � Downtown design review overlay district. Urban design review assists in protecting the downtown local architectural heritage and in the preservation of the considerable economic investments that have occurred over the years. The downtown design review process seeks to encourage renovation and new development in a manner that will promote visual harmony, enhance the historical integrity, and develop creative design solutions. While the design guidelines will not dictate architectural styles, they will suggest a variety of design options for achieving compatibility within the designated boundaries.
d. � Manufactured housing and manufactured housing community overlay districts. The manufactured housing and manufactured housing community overlay districts are established to provide a procedure for identifying areas in which manufactured housing may be located and to establish standards for individual manufactured homes and for the development of communities. These overlay districts are intended to expand the range of housing opportunities available to residents of Asheville while assuring that manufactured housing is compatible with existing development.
e. � Blue Ridge Parkway Overlay District. Realizing the importance of the Blue Ridge Parkway to the economy of Asheville and western North Carolina, the Blue Ridge Parkway Overlay District is created to protect and preserve the unique features of this asset to the city. The standards established in this district will protect the scenic quality of the parkway and reduce encroachment on its rural setting.
f. � Transition overlay district. Several areas in the City of Asheville are experiencing development pressures which are pushing the areas toward change. The location of most of these area on the edge of residential neighborhoods means that changes in these areas could have a significant impact on the adjacent neighborhoods. Transition overlay districts are established to allow these areas to change while assuring that the change is compatible with adjacent areas. Standards are developed individually for each area and designed to meet each area's unique needs. Involvement of area property owners and residents in the preparation of development standards is encouraged.
(c) � Designation of districts on official zoning maps. Each district shall be shown on the official zoning maps of the City of Asheville, North Carolina, a copy of which is located in the city planning and development department. Said set of maps, and all district designations, boundaries, figures, letters, and symbols shown on such maps are hereby declared to be a part of this chapter.
(Ord. No. 2369, � 1, 5-27-97; Ord. No. 3156, � 1, 8-24-04)

Sec. 7-8-2. RS-2 Residential Single-Family Low Density District.
(a) � Purpose. It is the intent of the RS-2 Residential Single-Family Low Density District to establish a low density for single-family dwellings and other compatible uses in recognition of environmental constraints such as, but not limited to, steep slopes, impervious soils, high water tables, and flooding. It is also the intent of this district to preserve the general welfare by protecting important resources such as, but not limited to, watersheds and view sheds. In addition to recognizing environmental constraints and preserving important resources, this district is also intended to stabilize and protect the district's residential character while promoting a suitable environment for single-family living.
(b) � Permitted uses.
Residential.
Dwellings, single-family detached
Recreational.
Arboretums
Golf courses
Passive parks
Recreational uses, governmental
Recreational uses, related to residential development
Public/semi-public.
Community centers
Fire/police stations
Libraries
Other.
Cemeteries, columbariums
(c) � Prohibited uses. Any use not specifically listed as a permitted use or a use by right, subject to special requirements or a conditional use in the RS-2 Residential Single-Family Low Density District shall be prohibited.
(d) � Uses by right, subject to special requirements. See article XVI for specific requirements.
Accessory apartments
Accessory structures
Adult day care homes
Antenna
Child day care homes
Duplexes
Family care homes
Home occupations
Places of worship
Public utilities and related facilities
Recreational uses, restricted to membership, non-profit
Schools
Vacation rentals
Wireless telecommunication facilities, microcell
Wireless telecommunication facilities, co-located
(e) � Conditional uses.
Ancillary non-residential uses in residential districts
Development standard bonuses for residential zoning districts
Duplexes
Level III projects
Quadraplexes
Triplexes
(f) � Development standards.
(1) � Density standards. The maximum density per acre in the RS-2 District shall be two dwelling units.
(2) � Structure size standards. None.
(3) � Lot size standards. The minimum lot size in the RS-2 District shall be 20,000 square feet.
(4) � Lot width standards. Lots in the RS-2 District shall have a minimum width of 100 feet.
(5) � Setback standards. The following minimum setbacks shall be required for uses in the RS-2 District.
Front: 35 ft.
Side: 10 ft.
Rear: 25 ft.
The landscape and buffering standards (section 7-11-2) may require additional setback; if so, the most restrictive requirement shall apply.
The minimum spacing between structures shall, in addition, be as per the Asheville Fire Prevention Code.
(6) � Impervious surface standards. None.
(7) � Height standards. The maximum height of structures in the RS-2 District shall be 40 feet. An increase in height is allowed provided that for every one feet increase in height, all required minimum yards shall be increased by two feet.
(8) � Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-2 of this chapter.
(9) � Parking/loading standards. Parking and loading facilities shall be provided as required by section 7-11-1 of this chapter. No parking lots shall be permitted within any required setback.
(10) � Sidewalk standards. Sidewalks shall be provided as required by and pursuant to the requirements for sidewalks as set forth in subsection 7-11-7 of this chapter.
(11) � Access standards. None.
(12) � Recreational/open space standards. Open space shall be provided for new developments and expansions of existing developments as required by section 7-11-3.
(13) � Design and operation standards. None.
(Ord. No. 2369, � 1, 5-27-97; Ord. No. 2506, � 1, 8-11-98; Ord. No. 2527, � 1, 11-10-98; Ord. No. 2584, � 1(a), 6-22-99; Ord. No. 2663, � 1(a), 2-8-00; Ord. No. 2664, � 1(b), 2-8-00; Ord. No. 2735, � 1d., 8-22-00; Ord. No. 2871, � 1(a), 11-27-01; Ord. No. 2904, � 1(b), 3-12-02; Ord. No. 3031, � 1(a), 6-10-03; Ord. No. 3064, � 1(c), 10-14-03; Ord. No. 3083, � 1(a), 1-13-04; Ord. No. 3156, � 1, 8-24-04)

Sec. 7-8-3. RS-4 Residential Single-Family Medium Density District.
(a) � Purpose. It is the intent of the RS-4 Residential Single-Family Medium Density District to establish a medium density for single-family dwellings and to stabilize and protect the residential character of the district while promoting a suitable environment for single-family living. Non-single-family development normally required to provide the basic elements of a balanced and attractive residential area is also permitted.
(b) � Permitted uses.
Residential.
Dwellings, single-family detached
Recreational.
Arboretums
Golf courses
Passive parks
Recreational uses, governmental
Recreational uses, related to residential development
Public-semi-public.
Community centers
Fire/police stations
Libraries
Other.
Cemeteries, columbariums
(c) � Prohibited uses. Any use not specifically listed as a permitted use or a use by right, subject to special requirements or a conditional use in the RS-4 Residential Single-Family Medium Density District shall be prohibited.
(d) � Uses by right, subject to special requirements. See article XVI for specific requirements.
Accessory apartments
Accessory structures
Adult day care homes
Antenna
Child day care homes
Duplexes
Family care homes
Home occupations
Places of worship
Public utilities and related facilities
Recreational uses, restricted to membership, non-profit
Schools
Vacation rentals
Wireless telecommunication facilities, microcell
Wireless telecommunication facilities, co-located
(e) � Conditional uses.
Ancillary non-residential uses in residential districts
Development standard bonuses for residential zoning districts
Duplexes
Level III projects
Quadraplexes
Triplexes
(f) � Development standards.
(1) � Density standards. The maximum density per acre in the RS-4 District shall be four dwelling units.
(2) � Structure size standards. None.
(3) � Lot size standards. The minimum lot size in the RS-4 District shall be 10,000 square feet.
(4) � Lot width standards. Lots in the RS-4 District shall have a minimum width of 80 feet.
(5) � Yard standards. The following minimum setbacks shall be required for uses in the RS-4 District.
Front: 25 ft.
Side: 10 ft.
Rear: 25 ft.
The landscape and buffering standards (section 7-11-2) may require additional setback; if so, the most restrictive requirement shall apply.
The minimum spacing between structures shall, in addition, be as per the Asheville Fire Prevention Code.
(6) � Impervious surface standards. None.
(7) � Height standards. The maximum height of structures in the RS-4 District shall be 40 feet.
(8) � Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-2 of this chapter.
(9) � Parking/loading standards. Parking and loading facilities shall be provided as required by section 7-11-1 of this chapter. No parking lots shall be permitted within any required setback.
(10) � Sidewalk standards. Sidewalks shall be provided as required by and pursuant to the requirements for sidewalks as set forth in subsection 7-11-7 of this chapter.
(11) � Access standards. None.
(12) � Recreational/open space standards. Open space shall be provided for new developments and expansion of existing developments as required by section 7-11-3.
(13) � Design and operation standards. None.
(Ord. No. 2369, � 1, 5-27-97; Ord. No. 2506, � 1, 8-11-98; Ord. No. 2527, � 1, 11-10-98; Ord. No. 2584, � 1(b), 6-22-99; Ord. No. 2663, � 1(b), 2-8-00; Ord. No. 2664, � 1(c), 2-8-00; Ord. No. 2735, � 1d., 8-22-00; Ord. No. 2871, � 1(b), 11-27-01; Ord. No. 2904, � 1(c); 3-12-02; Ord. No. 3031, � 1(b), 6-10-03; Ord. No. 3064, � 1(c), 10-14-03; Ord. No. 3083, � 1(a), 1-13-04; Ord. No. 3156, � 1, 8-24-04)

Sec. 7-8-4. RS-8 Residential Single-Family High Density District.
(a) � Purpose. It is the intent of the RS-8 Residential Single-Family High Density District to establish a high density per acre for single-family dwellings where public infrastructure is sufficient to support such development and to stabilize and protect the district's residential character in areas of existing high density single-family development while promoting a suitable environment for single-family living. Non-single-family development normally required to provide the basic elements of a balanced and attractive residential area is also permitted.
(b) � Permitted uses.
Residential.
Dwellings, single-family detached
Dwellings, single-family zero lot line
Recreational.
Arboretums
Golf courses
Passive parks
Recreational uses, governmental
Recreational uses, related to residential development
Public/semi-public.
Community centers
Fire/police stations
Libraries
Other.
Cemeteries, columbariums
(c) � Prohibited uses. Any use not specifically listed as a permitted use or a use by right, subject to special requirements or a conditional use in the RS-8 Residential Single-Family High Density District shall be prohibited.
(d) � Uses by right, subject to special requirements. See article XVI for specific requirements.
Accessory apartments
Accessory structures
Adult day care homes
Antenna
Child day care homes
Duplexes
Family care homes
Home occupations
Places of worship
Public utilities and related facilities
Recreational uses, restricted to membership, non-profit
Schools
Vacation rentals
Wireless telecommunication facilities, microcell
Wireless telecommunication facilities, co-located
(e) � Conditional uses.
Ancillary non-residential uses in residential districts
Development standard bonuses for residential zoning districts
Duplexes
Group homes
Level III projects
Quadraplexes
Triplexes
(f) � Development standards.
(1) � Density standards. The maximum density per acre in the RS-8 District shall be eight dwelling units.
(2) � Structure size standards. None.
(3) � Lot size standards. The minimum lot size in the RS-8 District shall be 5,000 square feet.
(4) � Lot width standards. Lots in the RS-8 District shall have a minimum width of 50 feet.
(5) � Setback standards. The following minimum setbacks shall be required for uses in the RS-8 District.
Front: 15 ft.
Side: 6 ft.
Rear: 15 ft.
The landscape and buffering standards (section 7-11-2) may require additional setback; if so, the most restrictive requirement shall apply.
The minimum spacing between structures shall, in addition, be as per the Asheville Fire Prevention Code.
(6) � Impervious surface standards. None.
(7) � Height standards. The maximum height of structures in the RS-8 District shall be 40 feet.
(8) � Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-2 of this chapter.
(9) � Parking/loading standards. Parking and loading facilities shall be provided as required by section 7-11-1 of this chapter. No parking lots shall be permitted in any required setback.
(10) � Sidewalk standards. Sidewalks shall be provided as required by and pursuant to the requirements for sidewalks as set forth in subsection 7-11-7 of this chapter.
(11) � Access standards. None.
(12) � Recreational/open space standards. Open space shall be provided for new developments and expansions of existing developments as required by section 7-11-3.
(13) � Design and operation standards. None.
(Ord. No. 2369, � 1, 5-27-97; Ord. No. 2506, � 1, 8-11-98; Ord. No. 2527, � 1, 11-10-98; Ord. No. 2584, � 1(c), 6-22-99; Ord. No. 2663, � 1(c), 2-8-00; Ord. No. 2664, � 1(d), 2-8-00; Ord. No. 2735, � 1d., 8-22-00; Ord. No. 2871, � 1(e), 11-27-01; Ord. No. 2904, � 1(d), 3-12-02; Ord. No. 3031, � 1(c), 6-10-03; Ord. No. 3052, � 1(a), 8-26-03; Ord. No. 3064, � 1(c), 10-14-03; Ord. No. 3083, � 1(a), 1-13-04; Ord. No. 3156, � 1, 8-24-04)

Sec. 7-8-5. RM-6 Residential Multi-Family Low Density District.
(a) � Purpose. It is the intent of the RM-6 Residential Multi-Family Low Density District to permit a limited range of low density multi-family housing types along with single-family detached and attached residences. This district is intended to provide a transitional area between single and multi-family areas, and to provide a compatible mixture of these housing types by limiting the size and density of multi-family development. This district is also intended for areas where low density multi-family development is appropriate but where environmental constraints and infrastructure limit development potential. Non-residential development normally required to provide the basic elements of a balanced and attractive residential area is also permitted.
(b) � Permitted uses.
Residential.
Dwellings, multi-family
Dwellings, single-family detached
Dwellings, single-family zero lot line
Recreational.
Arboretums
Golf courses
Passive parks
Recreational uses, governmental
Recreational uses, related to residential development
Public/semi-public.
Community centers
Fire/police stations
Libraries
Other.
Cemeteries, columbariums
(c) � Prohibited uses. Any use not specifically listed as a permitted use or a use by right, subject to special requirements, or a conditional use in the RM-6 Residential Multi-Family Low Density District shall be prohibited.
(d) � Uses by right, subject to special requirements. See article XVI for specific requirements.
Accessory apartments
Accessory structures
Adult day care homes
Antenna
Bed and breakfast homestays
Bed and breakfast inns
Child day care homes
Family care homes
Group homes
Home occupations
Places of worship
Public utilities and related facilities
Recreational uses, restricted to membership, non-profit
Schools
Townhouses
Vacation rentals
Wireless telecommunication facilities, concealed
Wireless telecommunication facilities, co-located
Wireless telecommunication facilities, microcell
(e) � Conditional uses.
Ancillary non-residential uses in residential districts
Development standard bonuses for residential zoning districts
Group homes
Level III projects
(f) � Development standards.
(1) � Density standards. The maximum residential density in the RM-6 district shall be one dwelling unit per 7,000 square feet of lot area. The maximum number of residential units per multi-family building shall be four.
(2) � Structure size standards. None.
(3) � Lot size standards. The minimum lot size in the RM-6 District shall be 7,000 square feet.
(4) � Lot width standards. Lots in the RM-6 District shall have a minimum width of 70 feet.
(5) � Setback standards. The following minimum setbacks shall be required for uses in the RM-6 District.
TABLE INSET:

Front:


15 ft.

Side:

Single family detached and multi-family less than 4 units/building:

6 ft.

Rear:

Single family detached and multi-family less than 4 units per building:

15 ft.
The landscape and buffering standards (section 7-11-2) may require additional setback; if so, the most restrictive requirement shall apply.
The minimum spacing between structures shall, in addition, be as per the Asheville Fire Prevention Code.
(6) � Impervious surface standards. None.
(7) � Height standards. The maximum height of structures in the RM-6 District shall be 40 feet.
(8) � Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-2 of this chapter.
(9) � Parking/loading standards. Parking and loading facilities shall be provided as required by section 7-11-1 of this chapter. No parking lots shall be permitted in any required setback.
(10) � Sidewalk standards. Sidewalks shall be provided as required by and pursuant to the requirements for sidewalks as set forth in subsection 7-11-7 of this chapter.
(11) � Access standards. None.
(12) � Recreational/open space standards. Open space shall be provided as required by section 7-11-3 of this chapter.
(13) � Design and operation standards. None.
(Ord. No. 2369, � 1, 5-27-97; Ord. No. 2506, � 1, 8-11-98; Ord. No. 2527, � 1, 11-10-98; Ord. No. 2584, � 1(d), 6-22-99; Ord. No. 2663, � 1(d), 2-8-00; Ord. No. 2664, � 1(e), 2-8-00; Ord. No. 2735, � 1d., 8-22-00; Ord. No. 2772, � 1(1), 11-28-00; Ord. No. 2871, � 1(d), 11-27-01; Ord. No. 2904, � 1(e), 3-12-02; Ord. No. 3031, � 1(d), 6-10-03; Ord. No. 3052, � 1(a), (b), 8-26-03; Ord. No. 3064, � 1(d), 10-14-03; Ord. No. 3156, � 1, 8-24-04)

Sec. 7-8-6. RM-8 Residential Multi-Family Medium Density District.
(a) � Purpose. It is the intent of the RM-8 Residential Multi-Family Medium Density District to permit a full range of medium density multi-family housing types along with single-family detached and attached residences. This district is intended to provide a transitional area between high density single-family and multi-family areas, and to permit medium density multi-family development in areas where existing conditions make higher density development inappropriate. Non-residential development normally required to provide the basic elements of a balanced and attractive residential area is also permitted.
(b) � Permitted uses.
Residential.
Dwellings, multi-family
Dwellings, single-family detached
Dwellings, single-family zero lot line
Recreational.
Arboretums
Golf courses
Passive parks
Recreational uses, governmental
Recreational uses, related to residential development
Public/semi-public.
Community centers
Fire/police stations
Libraries
Other.
Cemeteries, columbariums
(c) � Prohibited uses. Any use not specifically listed as a permitted use or a use by right, subject to special requirements, or a conditional use in the RM-8 Residential Multi-Family Medium Density District shall be prohibited.
(d) � Uses by right, subject to special requirements. See article XVI for specific requirements.
Accessory apartments
Accessory structures
Adult day care homes
Antenna
Bed and breakfast homestays
Bed and breakfast inns
Child day care homes
Family care homes
Group homes
Home occupations
Places of worship
Public utilities and related facilities
Recreational uses, restricted to membership, non-profit
Residential related commercial services
Schools
Townhouses
Vacation rentals
Wireless telecommunication facilities, concealed
Wireless telecommunication facilities, co-located
Wireless telecommunication facilities, microcell
(e) � Conditional uses.
Ancillary non-residential uses in residential districts
Development standard bonuses for residential zoning districts
Group homes
Level III projects
(f) � Development standards.
(1) � Density standards. The maximum residential density in the RM-8 district shall be one dwelling unit per 5,000 square feet of lot area.
(2) � Structure size standards. None.
(3) � Lot size standards. The minimum lot size in the RM-8 District shall be 5,000 square feet.
(4) � Lot width standards. Lots in the RM-8 District shall have a minimum width of 50 feet.
(5) � Setback standards. The following minimum setbacks shall be required for uses in the RM-8 District.
TABLE INSET:

Front:


15 ft.

Side:

Single family detached and multi-family 4 or fewer units per building:

6 ft.


More than 4 units per building:

6 ft. when adjacent to multi-family and non-residential uses; when adjacent to single family uses, 6 ft. for first unit in the building, 2 ft. additional for each additional unit in the building up to a maximum required setback of 40 ft.

Rear:

Single-family detached and multi-family with 4 or fewer units per building

15 ft.


More than 4 units per building

15 ft. for first units, 2 ft. additional for each additional unit up to a maximum required setback of 40 ft.
The landscape and buffering standards (section 7-11-2) may require additional setback; if so, the most restrictive requirement shall apply.
The minimum spacing between structures shall, in addition, be as per the Asheville Fire Prevention Code.
(6) � Impervious surface standards. None.
(7) � Height standards. The maximum height of structures in the RM-8 District shall be 40 feet.
(8) � Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-2 of this chapter.
(9) � Parking/loading standards. Parking and loading facilities shall be provided as required by section 7-11-1 of this chapter. No parking shall be permitted in any required setback.
(10) � Sidewalk standards. Sidewalks shall be provided as required by and pursuant to the requirements for sidewalks as set forth in subsection 7-11-7 of this chapter.
(11) � Access standards. None.
(12) � Recreational/open space standards. Open space shall be provided as required by section 7-11-3 of this chapter.
(13) � Design and operation standards. None.
(Ord. No. 2369, � 1, 5-27-97; Ord. No. 2506, � 1, 8-11-98; Ord. No. 2527, � 1, 11-10-98; Ord. No. 2584, � 1(e), 6-22-99; Ord. No. 2663, � 1(e), 2-8-00; Ord. No. 2664, � 1(f), 2-8-00; Ord. No. 2735, � 1d., 8-22-00; Ord. No. 2772, � 1(b), 11-28-00; Ord. No. 2871, � 1(e), 11-27-01; Ord. No. 2904, � 1(f), 3-12-02; Ord. No. 3031, � 1(e), 6-10-03; Ord. No. 3052, � 1(a), (b), 8-26-03; Ord. No. 3064, � 1(d), 10-14-03; Ord. No. 3156, � 1, 8-24-04)

Sec. 7-8-7. RM-16 Residential Multi-Family High Density District.
(a) � Purpose. It is the intent of the RM-16 Residential Multi-Family High Density District to permit a full range of high density multi-family housing types along with limited institutional, public and commercial uses appropriate within high 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 high density residential development.
(b) � Permitted uses.
Residential.
Dwellings, multi-family
Dwellings, single-family detached
Dwellings, single-family zero lot line
Recreational.
Arboretums
Golf courses
Passive parks
Recreational uses, governmental
Recreational uses, related to residential development
Institutional.
Orphanages
Public/semi-public.
Community centers
Fire/police stations
Libraries
Other.
Cemeteries, columbariums
(c) � Prohibited uses. Any use not specifically listed as a permitted use or a use by right, subject to special requirements, or a conditional use in the RM-16 Residential Multi-Family High Density District is prohibited.
(d) � Uses by right, subject to special requirements. See article XVI for specific requirements.
Accessory apartments
Accessory structures
Adult day care centers
Adult day care homes
Antenna
Assisted living facilities
Bed and breakfast homestays
Bed and breakfast inns
Boardinghouses
Child day care centers
Child day care homes
Family care homes
Fraternity and sorority houses
Group homes
Home occupations
Places of worship
Public utilities and related facilities
Recreational uses, restricted to membership, non-profit
Residential related community services
Schools
Townhouses
Vacation rentals
Wireless telecommunication facilities, concealed
Wireless telecommunication facilities, co-located
Wireless telecommunication facilities, microcell
(e) � Conditional uses.
Ancillary non-residential uses in residential districts
Development standard bonuses for residential zoning districts
Level III projects
(f) � Development standards.
(1) � Density standards. The maximum residential density in the RM-16 district shall be one dwelling unit per 2,500 square feet of lot area.
(2) � Structure size standards. None required.
(3) � Lot size standards. The minimum lot size in the RM-16 district shall be 5,000 square feet for multi-family development; 2,500 square feet for attached single family development and 3,500 square feet for detached single family development.
(4) � Lot width standards. Lots in the RM-16 District shall have a minimum width of 50 feet.
(5) � Setback standards. The following minimum setbacks shall be required for uses in the RM-16 District.
TABLE INSET:

Front:


15 ft.

Side:

Single family detached and multi-family 4 or fewer units per building:

6 ft.


More than 4 units per building:

6 ft. when adjacent to multi-family and non-residential uses; when adjacent to single family uses, 6 ft. for first unit in the building, 2 ft. additional for each additional unit in the building up to a maximum required setback of 40 ft.

Rear:

Single-family detached and multi-family with 4 or fewer units per building

15 ft.


More than 4 units per building

15 ft. for first units, 2 ft. additional for each additional unit up to a maximum required setback of 40 ft.
The landscape and buffering standards (section 7-11-2) may require additional setback; if so, the most restrictive requirement shall apply.
The minimum spacing between structures shall, in addition, be as per the Asheville Fire Prevention Code.
(6) � Impervious surface standards. None.
(7) � Height standards. The maximum height of structures in the RM-16 District shall be 40 feet.
(8) � Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-2 of this chapter.
(9) � Parking/loading standards. Parking and loading facilities shall be provided as required by section 7-11-1 of this chapter. No parking shall be permitted in any required setback.
(10) � Sidewalk standards. Sidewalks shall be provided as required by and pursuant to the requirements for sidewalks as set forth in subsection 7-11-7 of this chapter.
(11) � Access standards. None.
(12) � Recreational/open space standards. Open space shall be provided as required by section 7-11-3 of this chapter.
(13) � Design and operation standards. None required.
(Ord. No. 2369, � 1, 5-27-97; Ord. No. 2506, � 1, 8-11-98; Ord. No. 2527, � 1, 11-10-98; Ord. No. 2584, � 1(f), 6-22-99; Ord. No. 2663, � 1(f), 2-8-00; Ord. No. 2664, � 1(g), 2-8-00; Ord. No. 2735, � 1d., 8-22-00; Ord. No. 2772, � 1(c), 11-28-00; Ord. No. 2871, � 1(f), 11-27-01; Ord. No. 2901, � 1(g), 3-12-02; Ord. No. 3031, � 1(f), 6-10-03; Ord. No. 3064, � 1(d), 10-14-03; Ord. No. 3156, � 1, 8-24-04)

Sec. 7-8-8. Neighborhood Business District.
(a) � General description. The Neighborhood Business District is established to reserve areas for low-intensity business centers which are accessible to pedestrians from the surrounding residential neighborhood. The intent of the district is to provide for the daily convenience and personal service needs of the surrounding residential neighborhood while minimizing conflicts with surrounding residential uses. This district is designed to be located within or adjacent to residential neighborhoods where large commercial operations are inappropriate, but where small neighborhood oriented businesses are useful and desirable.
(b) � Permitted uses.
Recreational.
Arboretums
Passive parks
Public/semi-public.
Community centers
Fire/police stations
Libraries
Public utilities and related facilities
Office/business.
Bakeries
Barber shops and salons
Bicycle shops
Bookstores
Candy, pastry, ice cream and snack shops
Delicatessens
Florists
Fruit and vegetable markets
Gift shops
Grocery stores
Hardware/garden supply stores
Health and fitness facilities
Home occupations
Laundry and dry cleaning establishments
Offices
Pharmacies
Repair and service businesses
Restaurants
Tailors/dressmaker shops
Video rental stores
(c) � Prohibited uses.
Outdoor storage
Uses with drive-through facilities
Uses with outdoor loud speaker systems
Any use not specifically listed as a permitted use or a use by right, subject to special requirements, or a conditional use in the Neighborhood Business District is prohibited.
(d) � Uses by right, subject to special requirements. See article XVI for specific requirements.
Antenna
Convenience stores
Residential uses
Wireless telecommunication facilities, concealed
Wireless telecommunication facilities, co-located
Wireless telecommunication facilities, microcell
(e) � Conditional uses. None.
(f) � Development standards.
(1) � Density standards. The maximum residential density per acre within the Neighborhood Business District shall be 12 dwelling units.
(2) � Structure size standards. New structures in the Neighborhood Business District shall not exceed a total of 3,000 square feet in gross floor area for one story structures. Multiple story structures may have a gross floor area of up to 6,000 square feet if residential uses are provided on the upper floor(s).
(3) �