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Council strikes UDO waiting‑period provision to comply with new state law
Summary
City council voted to remove section 7‑7‑7 of the Unified Development Ordinance — a 12‑month waiting period for refiling rezoning applications — to align the UDO with recently enacted state legislation (referred to in hearing as chapter 160D).
Assistant City Attorney Carly Gillingham recommended a text amendment to chapter 7 of the Asheville Code of Ordinances to strike section 7‑7‑7 (the 12‑month waiting period for refiling rezoning applications) so the city’s Unified Development Ordinance complies with new state law that prohibits waiting periods for withdrawn or denied development applications.
Gillingham explained Planning & Zoning Commission had considered a minimal change but concluded striking the section in its entirety would reduce confusion and align local code with statutory requirements. She told council the legislation specifically prevents a UDO from including waiting periods that bar a landowner, developer or applicant from refiling a denied or withdrawn development application.
A council member moved to propose the text amendment to strike section 7‑7‑7 in its entirety; the motion was seconded and approved by voice vote. Planning staff had recommended the same approach earlier in December. Council accepted the recommendation and directed staff to move forward with the text amendment process to bring the UDO into compliance with state law.
