STAFF RECOMMENDATION TXT-21-02 ATTACHMENT C

Town of Mills River, NC Code of Ordinances

TITLE XV: LAND USAGE

CHAPTER 154: ZONING

General Provisions

154.007 Word usage and definitions

Establishment of Districts

154.025 Use districts

Use Districts

154.058 MR-Neighborhood Commercial

154.059 (Reserved)Site Standards for Certain Uses in MR-NC District

1 GENERAL PROVISIONS
2 § 154.007 WORD USAGE AND DEFINITIONS.
3 (A) Word interpretation. Except as specifically defined herein, all words

4 used in this chapter have their customary dictionary definitions. For the purpose of

5 this chapter, certain words or terms used herein are defined as follows:

6 (1) Words used in the present tense include the future tense. Words

7 used in the singular include the plural, and words used in the plural include the

8 singular.

9 (2) The word COUNTY shall mean Henderson County, North

10 Carolina.

11 (3) The word TOWN shall mean the Town of Mills River, North

12 Carolina.

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13 (4) The words TOWN COUNCIL shall mean the Town Council of

14 Mills River, North Carolina.

15 (5) The words PLANNING BOARD shall mean the Planning Board of

16 the Town of Mills River.

17 (6) The word MAY is permissive.

18 (7) The word SHALL is mandatory.

19 (8) The word BUILDING includes the word STRUCTURE.

20 (9) The word STREET includes the words ROAD and HIGHWAY.

21 (10) The word PERSON or APPLICANT includes a firm, association,

22 organization, partnership, corporation, company, trust and individual or

23 governmental unit.

24 (11) The words ZONING MAP or MILLS RIVER ZONING MAP shall

25 mean the Official Zoning Map of the Town of Mills River, North Carolina.

26 (12) Provisions contained within the MR - Mixed Use District, §

27 154.066, shall not be used to interpret the meaning of the remainder of the provisions

28 of this chapter unless the other provisions of this chapter specifically reference §

29 154.066.

30 (B) Definitions. For the purpose of this chapter, the following words

31 have the meanings indicated:

32 WAREHOUSING AND STORAGE. An establishment primarily engaged

33 in operating warehousing and storage facility (excluding warehousing of hazardous

34 substances).

35

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36 ESTABLISHMENT OF DISTRICTS
37 § 154.025 USE DISTRICTS.
38 For the purpose of this chapter, the zoning districts of the Town of Mills River,

39 as delineated on the Official Zoning Map of the Town of Mills River, North Carolina,

40 which shall include all maps designated and adopted by the Town Council, may be

41 divided into the following designated use districts:

42 (A) MR-30 Low-Density Residential District.

43 (B) MR-LI Light Industrial.

44 (D) MR-GB General Business.

45 (E) MR-NC Neighborhood Commercial.

46 (F) MR-MU Mixed Use.

47 (Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. passed 10-13-2005)

48 USE DISTRICTS
49 § 154.045 USE REQUIREMENTS.
50 Within the districts indicated on the Official Zoning Map of the Town of Mills

51 River, no building or land shall be used and no building shall be erected or altered

52 which is intended or designed to be used in whole or in part for any use other than

53 those listed as permitted for that district in this article. The Zoning Administrator or

54 his or her designee shall make a determination if a use not mentioned can be

55 reasonably interpreted to fit into a use category where similar uses are described.

56 (Ord. passed 3-1-2004; Am. Ord. 00013, passed 7-29-2004; Am. Ord. passed 10-13-

57 2005; Am. Ord. 00038, passed 11-21-2006; Am. Ord. 2015-07, passed 12-10-2015)

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58 § 154.058 MR NEIGHBORHOOD COMMERCIAL.

59 The purpose of this district is to provide for compatible residential, and

60 commercial, and small-scale light industrial uses, which protect and enhance the rural

61 characteristic of Mills River.

62 (A) Uses. Within the MR Neighborhood Commercial district, the

63 following uses are permitted:

64 (1) Retail business or service conducted within an enclosed

65 building.

66 (2) Retail business making products sold primarily at retail on the

67 premises.

68 (3) Other public utilities, public facilities and public buildings.

69 (4) Offices: business, professional, medical and public.

70 (5) Single-family dwellings.

71 (6) Family care homes.

72 (7) Adult Day Health Homes, Adult Day Health Centers, Adult Day

73 Care Homes and Adult Day Care Centers.

74 (8) Child Care Centers.

75 (9) Family Child Care Homes and Incidental Home Occupations per

76 § 154.105(G).

77 (10) Customary accessory buildings.

78 (11) Group 1 communications towers and tower activities as defined

79 in and subject to the requirements in §§ 154.090 through 154.101 of Mills River

80 Zoning Ordinance.

81 (12) Group 2 communications towers and tower activities as defined

82 in and subject to the requirements in §§ 154.090 through 154.101 of Mills River

83 Zoning Ordinance.

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84 (13) Solar panels shall be allowed as a secondary use as defined in

85 this chapter. They shall not be allowed in front yards except by a Minor

86 Special Use Permit as approved by the Board of Adjustment. Application for a special

87 use shall include justification for why the panels must be placed in the front yard and

88 show that there is no practical alternative. Solar panels shall be subject to the

89 setback requirements for structures in each district. Stand-alone solar panels shall

90 be limited to 10 feet in height. Solar panels attached to buildings shall be extend

91 more than 5 feet above the building. Stand-alone solar panels that are secondary uses

92 to residential uses shall not be required to buffer. Stand-alone solar panels that are

93 secondary uses to commercial uses shall be required to plant a buffer strip along side

94 and rear property lines as defined in the zoning definitions. Residential panels shall

95 not produce more than 150% of the power required for the site.

96 (14) Wind turbines shall be allowed in all districts under a Major

97 Special Use Permit under § 154.138. Wind turbines shall be required to have a

98 setback from all property lines of 2 times the fall radius of the wind turbine.

99 (B) Uses permitted with standards. Within the MR Neighborhood

100 Commercial district, the following uses shall be permitted with standards:

101 (1) Warehousing and Storage (See § 154.059).

102 (2) Manufacturing, processing, distribution and fabrication of foods, food

103 products, beverages and beverage products, including bottling of

104 beverages and beverage products. (See § 154.059).

105 (C) Secondary uses. For purpose of this § 154.058, a SECONDARY USE is

106 defined as a use which is incidental, supplemental or accessory to the principal use of

107 the property and may include a structure or structures at any location upon the

108 property, which structure is utilized for a secondary use. Within the MR-

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109 Neighborhood Commercial District, the following secondary uses are permitted,

110 subject to the same conditions as the principal use of the property:

111 (1) Cafeterias, restaurants and pubs, including catering activities.

112 (2) The promotion, sale and tasting of products manufactured or

113 processed on site.

114 (3) Assembly, including venues for entertainment or other special

115 events and conferences.

116 (3)(4) Sales training and meeting facilities related to the principal use,

117 including overnight lodging.

118 (B) Uses allowed under a Minor Special Use Permit. The following uses shall

119 be permitted, subject to a finding by the Board of Adjustment that both the conditions

120 in the definition of SPECIAL USES in § 154.007(B) and those conditions listed below

121 will be met:

122 (1) Hospitals, clinics, veterinary clinics, libraries, schools and

123 churches, excluding cemeteries.

124 (2) Restaurants, bed-and-breakfast establishments.

125 (3) Home occupations.

126 (4) Civic and cultural buildings, including auditoriums, theaters for

127 the performing arts, museums, art galleries, symphony and concert halls and

128 historical societies. The uses must meet the same site requirements stated in §

129 154.047(A)(9).

130 (5) Structured Home Environments, subject to the conditions listed

131 under § 154.085.

132 (6) Warehousing and Storage, including secondary uses (See

133 §154.059.B.3).

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134 (7) Manufacturing, processing, distribution and fabrication of

135 foods, food products, beverages and beverage products, including bottling of

136 beverages and beverage products. (See § 154.059).

137 (C) Dimensional

138 Neighborhood Commercial District, as shown on the Zoning Map of the Town of Mills

139 River, the following dimensional requirements shall be met:

140 (1) Minimum lot area: 30,000 square feet.1

141 (2) Minimum lot area per dwelling: 30,000 square feet1.

142 (3) Maximum building size: N/A.

143 (4) Maximum building height: 50 feet.

144 (5) Minimum front yard setback from major street: 75 feet2.

145 (6) Minimum front yard setback from all other streets: 60 feet.

146 (7) Minimum rear yard setback: 30 feet.

147 (8) Minimum side yard setback for every principal building: 30

148 feet.

149 (D) Dimensional residential.

150 Neighborhood Commercial District, as shown on the Zoning Map of the Town of Mills

151 River, the following dimensional requirements shall be met:

152 (1) Minimum lot area: 30,000 square feet.1

153 (2) Maximum building footprint size: 120,000 square feet2.

154 (3) Maximum building height: 30 feet.

1 This minimum lot size shall not apply to existing residential lots nor lots which have been platted
and recorded with the Henderson County Register of Deeds as of 31 July 2004. In cases where the
Watershed Protection Ordinance requires a larger lot size, the Henderson County Water Supply
Watershed Ordinance shall prevail.
2 When the building footprint is 15,000 square feet or greater, the minimum rear and side yard

setback, as set forth herein, shall be doubled.

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155 (4) Minimum front yard setback from major street: 75 feet32.

156 (5) Minimum front yard setback from all other streets: 60 feet.

157 (6) Minimum rear yard setback: 30 feet.

158 (7) Minimum side yard setback for every principal building: 30

159 feet.

160 (E) Maximum permissible lot coverage. The total ground area covered by

161 the building and other impermeable surfaces in this district shall not exceed 50% of

162 the total lot area, or water supply watershed regulations, whichever is more

163 stringent..

164 (F) Buffer/Screening Requirements.

165 (1) Whenever any non-residential MR-Neighborhood Commercial

166 District rear and/or side property line abuts upon a residential use with no

167 intervening street or highway or natural buffer, any buildings or parking area used

168 for non-residential purposes shall be screened with a buffer strip along the property

169 line(s) as defined in § 154.007(B).

170 (2) In all other cases, uses in the MR-Neighborhood Commercial

171 District shall comply with applicable landscaping and screening requirements in the

172 Town of Mills River Landscape Ordinance.

173 (Ord. passed 3-1-2004; Am. Ord. 00013, passed 7-29-2004; Am. Ord. passed 10-13-

174 2005; Am. Ord. 00038, passed 11-21-2006; Am. Ord. 00055, passed 4-23-2009; Am.

175 Ord. 00067, passed 7-22-2010; Am. Ord. 00066, passed 4-28-2011; Am. Ord. 00080,

176 passed 5-23-2013)

3 Where the major street is more than 2 lanes, including parking lanes, setback requirements shall be
measured and begin at a point on the pavement 12 feet from the edge of the paved street abutting the
subject property.

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177 § 154.059 [RESERVED]. SITE STANDARDS FOR CERTAIN USES IN

178 MR-NC DISTRICT: WAREHOUSING AND STORAGE, AND
179 MANUFATURING, PROCESSING, DISTRIBUTION OR FABRICATION
180 FACILITIES.
181 (A) Introduction and purpose. The purpose of this section is to specify

182 the minimum specific site standards and the general site standards

183 for the particular uses governed in this section which will provide

184 the flexibility to impose more stringent site standards to mitigate

185 the neighborhood impact of these uses.

186 (B) General site standards. The following site standards shall apply to

187 all uses governed under this section.

188 (1) Adequate lighting shall be placed in areas used for

189 pedestrian access including, but not limited to stairs,

190 sidewalks, or changes in grade. Exterior lighting shall

191 consist of full cutoff features and not exceed ten (10) feet in

192 height and shall minimize any effect glare may have on

193 adjoining property.

194 (2) Any structure utilized for any use governed under this

195 section shall not be constructed within 500 feet of any

196 adjacent existing Residential Dwelling Unit which is located

197 in a residential zoning district and not located on the same

198 property as the use. Measurements taken under this

199 subsection shall be from structure to structure.

200 (3) Secondary uses. For purpose of §154.059, a SECONDARY

201 USE is defined as a use which is incidental, supplemental or

202 accessory to the principal use of the property and may

203 include a structure or at any location upon the

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204 propertystructures located within the side or rear yard,

205 which structure is utilized for a secondary use. Within the

206 MR-Neighborhood Commercial District, the following

207 secondary uses are permitted, subject to the same

208 conditions as the principal use of the property:

209 a. Cafeterias, restaurants and pubs, including catering

210 activities.

211 b. The promotion, sale and tasting of products

212 manufactured or processed on site.

213 c. Assembly, including venues for entertainment or

214 other special events and conferences.

215 a. Sales training and meeting facilities related to the

216 principal use, including overnight lodging.

217 (4) Any loading spaces for the uses governed under this section

218 shall, to the best extent possible, be located within the side

219 or rear yard. if such property is immediately adjacent to any

220 road.

221 (5) There shall be no outside storage of equipment, materials or

222 supplies.

223 (6) When a use governed under this section adjoins property on

224 which there is any existing Residential Dwelling Unit within

225 two hundred (200) feet of the common property line, a

226 thirty (30) foot vegetative Buffer Strip, as opposed to the

227 buffer required in §154.058(H), shall be established and

228 maintained while such property is being utilized as a use

229 governed under this section. The vegetative Buffer Strip

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230 shall be established in similar fashion as defined in

231 §154.007(B).

232 (C) Specific site standards. The following specific site standards apply

233 for the following use:

234 (1) Warehousing and Storage.

235 (a) The operations of property for this particular use

236 shall be totally enclosed by a security fence at least

237 eight (8) feet in height which is capable of being

238 locked or otherwise secured at all entrances and

239 exits.

240 (b) Garage or storage bay doors shall be oriented

241 away from the public right of way, where possible,

242 and remain closed except when necessary to access

243 the equipment, material or supplies within the

244 warehouse. In no event shall noise be allowed to

245 emanate from the structure at any time.

246 (2) Manufacturing, processing, distribution, or fabrication

247 facility.

248 (a) The hours of operation for this particular use

249 shall be from 7 a.m. to 11 p.m.

250 (a)(b) Any assembly being hosted on the

251 property shall cease at 10 p.m. and in no event shall

252 there be amplified sound of any kind after 10 p.m.

253 (Ord. passed 3-1-2004; Am. Ord. 00013, passed 7-29-2004; Am. Ord. passed 10-13-

254 2005; Am. Ord. 00038, passed 11-21-2006)

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