Zoning

A zoning inspection generally checks that the property is being used in the manner described in the Certificate of Zoning Compliance and that the structure meets the required setbacks from property lines and right-of-ways as well as height limitations. If the use is not single family residential, additional items such as parking provided, required buffering, or conditions of approval may also be checked during the inspection.

A zoning inspection can be requested after the framing of the structure is complete and any decks, porches, stairs, or other attachments to the structure have been added. If you are unsure of the conformity of the placement of your structure prior to completion of framing, please contact the Planning Department, and someone will be happy to help clarify any questions you might have.

Setbacks are measured from the structure to the property line or road right-of-way. Property lines are determined either by markers in place on site or with the aid of Buncombe County's aerial photography. The orientation of the setbacks is determined by the structure itself (i.e. the wall surface containing the main entrance will be used to determine the front setback). Setbacks are measured from the furthest extending portion of the structure (this includes all attachments such as patio walls, decks, and roof overhangs. Corner lots and lots which front on multiple roads must maintain the required setback from each road right-of-way regardless of structure placement.

Failure to meet the setbacks or failure to call for an inspection will prevent you from obtaining final approvals from Buncombe County Permits and Inspections (this will be required before you can have permanent electrical power run to your structure per building code). Additionally, failure to comply with the Zoning Inspection process will cause your project to be non-compliant and can result in fines or additional legal repercussions. If at anytime during the course of your project you find that you will not meet the setbacks or are unsure about how setbacks are determined, cease work and call the Planning and Development Department immediately to determine the appropriate course of action.

Yes, you are required to meet whichever setback is more stringent. Buncombe County does not enforce the rules of individual subdivisions or homeowners' associations, nor do we enforce any restrictions set forth by deed restrictions or covenants. All projects must adhere to the Buncombe County Zoning Ordinance.

No, you must meet setbacks and any other geometrical requirements placed on your structure by other governmental offices. If you know that you will be unable to meet the setbacks before beginning your project, speak with the Planning Department Staff about ways in which you may achieve compliance prior to beginning construction.

If the structure was constructed before May 2007, then there may have not been setback requirements in place depending on which zoning district it was built in. Also, different areas of Buncombe County have different zoning setback requirements. You can check with staff about specific cases. If you believe the structure to be over the property line (and it was built prior to the institution of zoning setbacks), then the matter is a civil case between you and your neighbor; in that case it is best to consult a surveyor and/or an attorney. Non-structural property line encroachment (such as the installation of driveways) is not handled by our department and is considered to be a civil case.

Variances are granted only in rare cases where the property owner is able to justify an undue burden associated with their project that is not a result of their own actions. The property owner must further justify that the zoning requirements prohibit them from realizing a reasonable economic return from their property. Requests for variances are heard before the Buncombe County Board of Adjustment. There is an application fee associated with applying for a variance. All adjacent property owners will be notified and can attend the public hearing for a variance request.

December 1, 2009

In order to request a rezoning of your property, an application must be submitted to the Planning Department at least thirty (30) days prior to the Planning Board meeting at which you wish to be heard. Once the Planning Board has reviewed your request and voted to make a recommendation to the Board of Commissioners, the Board of Commissioners will hear your request at a regularly scheduled meeting, and vote to approve or deny the request. Prior to each meeting, notices will be sent to adjoining property owners, a legal ad will be run in the paper, and a sign will be placed on the property. Changes to a zoning designation constitute an amendment to the zoning maps.

Property designated NS, CS, PS, R-1, R-2, or BDM does not allow the placement of additional manufactured homes for residential use; however, existing manufactured homes are allowed to remain and may be replaced with certain limitations.

In the Open Use District, Conditional Use Permits must be obtained from the Board of Adjustment for the following:

• 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.

The Buncombe County Comprehensive Land Use Plan update made recommendations for the placement of zoning districts throughout the County. Maps were created based upon these recommendations, in coordination with the Planning Board, Commissioners, and County residents.

An existing use on the property that was in place prior to the adoption of zoning would be grandfathered unless removed from the property for more than 180 days.

Deed restrictions and covenants will not be made less restrictive by the proposed zoning ordinance. The County enforces zoning regulations, but cannot enforce deed restrictions or subdivision covenants.

County zoning cannot prevent annexation.

Home occupations are allowed in a person's residence or in an accessory building in any zoning district, as long as they meet the ordinance's conditions. The regulations regarding home occupations can be found under the "definitions" section of the ordinance.

Yes, farming is exempt from any county zoning ordinance in North Carolina.

View the information flyer for a summary of the requirements for Vacation Rentals, minimum building code requirements for habitable structures, and regulations for permitting of RV's, Travel Trailers, Park Models, and other types of tiny homes as dwelling units.