AMENDED NOTICE OF ZONING VIOLATION

August 17, 2018

PERSONAL DELIVERY

Case No: 18-06111S

Owner Name: WNC VISTA LLC

Owner Address: 37 BRADDOCK WAY

ASHEVILLE, NC 28803

Tenant/Business Name: THE STEADY COLLECTIVE

Tenant/Business Address: 610 HAYWOOD RD

297 HAYWOOD ST

Violation Location: 610 HAYWOOD RD

PIN: 963834371500000

Zoning: HR-3:CRDR

You were previously issued a Notice of Zoning Violation (NOV) on August 8, 2018, which notified
you of violations of the City of Asheville Unified Development Ordinance (UDO) at the
above-referenced property. After review, the City is revoking the August 8, 2018 Notice of Zoning
Violation and is reissuing you this Amended Notice of Zoning Violation, in order to provide greater
clarity concerning the nature of the violation. This amended NOV supersedes and replaces the
previously issued NOV.

A recent inspection by Code Enforcement staff noted that the property/business noted above is in
violation of the zoning requirements of the City of Asheville Unified Development Ordinance (UDO),
Sections 7-8-28(3.1) & (3.2). ​The nature of the violation is the establishment of a needle exchange
program in the HR-3 zoning district without first obtaining zoning approval. Operating a needle
exchange program is most similar to the operation of a “Shelter” as that term is defined in UDO Section

Planning & Urban   City of Asheville  828.259.5817 

Design Department  P.O. Box 7148  www.ashevillenc.gov  
Asheville, NC 28802 
 
 
 7-2-5. A Shelter, however, is not listed as a permitted use in the HR-3 zoning district and the continued
operation of a needle exchange program in the HR-3 zoning district constitutes a violation of the UDO.
A text amendment to the UDO, or a rezoning of the property to a designation that would allow the use,
will be required before a Shelter, including a need exchange program, can be operated in the HR-3
zoning district.
You have thirty (30) days to correct this violation(s). Please contact this office to discuss what options
may be considered to remedy the violation. You also have the right to pursue an appeal of this
determination before the Asheville Board of Adjustment and may contact this office for more details
regarding this process. All appeals to the Asheville Board of Adjustment must be filed to the City Clerk
within thirty (30) days of receiving this amended NOV.

Should you fail to comply with this Notice within thirty (30) days or file an appeal to the Board of
Adjustment within thirty (30) days, you may be assessed a civil penalty of one hundred dollars ($100)
per day for the number of days the violation(s) continues under the provisions of Section 7-18-2 of the
Unified Development Ordinance. The City may also seek relief in a court of law. Also, any further
violations regarding this offence will be subject to a civil penalty without additional notice.

If you believe that you have corrected the cause of the violation, it can be considered corrected only
when you have notified the Code Enforcement Official at 259-5817, or email stuch@ashevillenc.gov and
the site is inspected and determined to be in compliance by the Code Enforcement staff.

Sincerely,

Shannon Tuch
Principal Planner/Zoning Administrator
stuch@ashevillenc.gov
828.259.5817

Cc: Robin Currin, City Attorney

Cathy Ball, Interim City Manager
Todd Okolichany, Planning & Urban Design Director

Enc: August 8, 2018 Notice of Violation

City of Asheville Planning & Urban Design Department    2