Zoning Information
The Buncombe County Zoning Ordinance was enacted by the Commissioners May 1, 2007. Zoning is a Land Use Planning tool that designates certain uses for properties by incorporating them into Zoning Districts.
The goal of the Buncombe County Zoning Ordinance is to create more sustainable development throughout the County by guiding development within the Metropolitan Sewerage District (MSD) service area in order to create commercial hubs buffered by multi family development, allowing single family residential communities to maintain their residential neighborhood qualities. In areas outside the MSD boundaries, properties have been designated Open Use (OU) which restricts only high impact land uses such as chip mills, asphalt plants, amusement parks, and hazardous waste facilities.
County Commissioners Adopt Countywide Zoning
The Buncombe County Commissioners adopted the County Zoning Ordinance on May 1, 2007.
County Zoning Ordinance (PDF)
- 10.16.07 Amendments to County Wide Zoning Ordinance (PDF):
These amendments both clear up some typographical errors and contradictory sentences within the Zoning Ordinance, as well as set up standards for manufactured housing to be allowed in the R-1 and R-2 Districts excepting Limestone Township.
- 9.4.07 Amendment to County Zoning Ordinance (PDF): This amendment addresses the use of travel trailers and travel trailer parks, in addition to extending the deadlines for Map Amendments, Text Amendments, Variances, and Conditional Uses to thirty days prior to the meeting date at which such requests would be heard.
When you access the County's GIS system, you can search for your property. Simply:
- Click on the blue search button on the top of the screen
- Type in your PIN (property identification number) without any spaces or periods.
Make sure you have checked the "County Zoning" box on the right of your screen. Your property and surrounding properties should appear.
Certificate of Zoning Compliance (Sample)
The Certificate of Zoning Compliance form will be available at the Planning Department in a carbonless format. This form will be required in order to obtain a Building Permit for any parcel with a zoning designation other than the Open Use District or for any parcel in a zoning overlay district. The form must be signed by the Zoning Administrator or an authorized staff person and a copy will be issued to the owner as well as to Buncombe County Permits and Inspections. There is no charge to obtain a Certificate of Zoning Compliance.
Please note that any more than 2 principal buildings or uses on a lot or any single building 35,000 square feet or larger is considered a Planned Unit Development (PUD) and will also require a Conditional Use Permit from the Board of Adjustment.
Application for a Variance or Conditional Use Permit
Applications for Variances or Conditional Use Permits generate a public hearing process with the Board of Adjustment. Examples of a Variance would include encroachment on minimum yard setback requirements. A Conditional Use Permit would need to be obtained for conditional uses as outlined by the Permitted Use Table (78.641 (a) of the Zoning Ordinance).
The cost to apply for a Variance or Conditional Use Permit is $200.00 per application. Applications must be submitted in full thirty (30) days prior to the Board of Adjustment meeting at which the applicant wishes to be heard. If applying for a Conditional Use Permit, please be sure to provide the items required in Section 78-677 (d) Development Plan; Submission; Contents. The deadline for these items has been changed to thirty (30) days prior to the Board of Adjustment meeting. A separate application will be required for each parcel and applicant to be considered.
Application to Amend the Buncombe County Zoning Ordinance Text or Maps
Property owners wishing to have their property designated as a different zoning district or wishing to amend the text of the Zoning Ordinance itself (i.e. the Permitted Use Table) would need to apply using this form. Such a request will generate a public hearing before the Planning Board, at which point the Board would make a recommendation to the Buncombe County Commissioners.
The cost to apply for an Amendment to the Buncombe County Zoning Ordinance text or maps is $200.00. Applications must be submitted in full thirty (30) days prior to the Planning Board meeting. A separate application will be required for each parcel to be considered in a map amendmen
- When was the ordinance adopted?
May 1st, 2007
- How will Zoning Affect My Taxes?
Your tax bill is based on the value of your home plus the tax rate set by the Board of Commissioners in June of every year. Your home value is reviewed every four years--the next reappraisal will be 2010. Zoning would only affect your tax bill if it caused the value of your home to increase or decrease. Appraisers say that zoning can increase the value of property as the demand from buyers seeking property designated in a certain way increases. However, this is completely market based and very hard to predict. Most citizens will see no direct impact in their tax bill as a result of the passage of the zoning ordinance.
- Can I keep my mobile home?
Yes. If you have a mobile home on your property and are in any of the zoning districts, you can keep your mobile home and can replace it as long as you own the property. Property designated NC, CS, PS, or BDM does not allow the location of new mobile homes for residential use; however, existing mobile homes are allowed to remain. Property designated R-1 or R-2 has certain restrictions regulating the types of manufactured housing that can be placed in the district; however existing homes that do not meet these standards are allowed to remain.
- Can I put a mobile home on my property for a relative?
A mobile home for a relative may be placed on your property if it is in a zoning district which allows mobile homes, and its placement does not exceed the number of homes allowed per parcel. In the R-1 and R-2 districts, excepting in Limestone Township, manufactured housing is only allowed if it meets certain criteria.
- What is the “OU” district?
A property owner with this designation would be required to seek a Conditional Use Permit from the Buncombe County Board of Adjustment for any of the following uses:
Six or more multi-family units on a single lot; adult entertainment establishments; amusement parks; asphalt plants; chip mills; concrete plants; hazardous waste facilities; incinerators; junkyards; landing strips; mining and extraction operations; motor sport facilities; outdoor commercial shooting ranges; slaughtering plants; and solid waste facilities. All other uses are permitted.
- Who decided these designations?
The Buncombe County Planning Department in cooperation with the County Planning Board with considerable input from property owners.
Since 1999 the County, as an incredibly wonderful place to live, has been “found out”. The increase in permitted residential building has tripled and the development of mountain side property is building out at an incredible rate. For the safety, beauty and future of the County, now is the time to begin a zoning plan. With a zoning ordinance in place, the ordinances previously adopted by the County have better legal basis putting the County in a more positive position for future growth.
- How will zoning affect my deed restrictions or subdivision covenants?
All deed restrictions and covenants remain in place. Whichever is stricter, zoning rules or restrictive covenants, takes precedence.
- Can you stop the cutting of trees on ridge tops?
The County is investigating possible methods of addressing development and tree cutting on ridge tops and hopes to arrive at a legally defensible solution very soon.
- Will zoning stop annexation?
No. County zoning cannot prevent annexation, but it will prevent further extension of an extraterritorial jurisdiction by any muncipality.
- Will the zoning get more restrictive?
Zoning could become more restrictive, or less, at the discretion of the Board of Commissioners. In general, a zoning ordinance that is nevery amended is not working because land use regulation must evolve as the changing development environment evolves.
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Can I have a home business?
Homes are allowed to build in any zoning district and home occupations are allowed in a person’s residence, or in an accessory out building as long as they meet the ordinance's restrictions.
- Can I continue to farm my land?
Yes. Farming is exempt from any zoning ordinance.
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