Banner Elk City Zoning Code

APPLICATION OF

REGULATIONS

§ 152.020 USE.

No building or land shall hereafter be used or occupied and no building or structure, or part thereof, shall be erected, moved or structurally altered, except in conformity with the regulations of this chapter or amendments thereto, for the district in which it is located.

(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 300)

§ 152.021 HEIGHT AND DENSITY.

No building shall hereafter be erected or altered so as to exceed the height limit, or to exceed the density regulations of this chapter for the district in which it is located.

(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 301)

§ 152.022 LOT SIZE.

No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in size so that the lot width or depth, front, side or rear yards, lot area per family or other requirements of this chapter are not maintained. Lot size, width, depth, front, side or rear yards, lot area per family or other requirements of this chapter may be reduced or increased in accordance with said regulations; provided that, any lots which are not served by public water or sewer must be approved for private water and/or sewer systems by the county’s Health Department.

(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 302)

§ 152.023 YARD USE LIMITATIONS.

No part of a yard or other space required about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.

(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 303)

§ 152.024 ONLY ONE PRINCIPAL BUILDING OR PRINCIPAL USE ON ANY LOT.

Only one principal building or principal use and its customary accessory buildings or accessory uses may hereafter be erected or conducted on any lot, except as provided in certain special uses as defined herein.

(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 304)

§ 152.025 REQUIRED ROAD ACCESS.

(A) Except as provided in division (B) below, no building or structure shall be constructed or placed on any lot which does not have contiguous frontage of at least 25 feet on an existing public or private road which has a recorded minimum right-of-way width of at least 25 feet. However, a zoning permit and a certificate of compliance may be issued for the construction or placement of one dwelling unit on an existing lot of record which does not meet the minimum requirements of this section; provided, the lot of record is located on a platted right-of-way which was recorded prior to 9-11-1978. No subdivisions of land are permitted for parcels or lots which do not meet the minimum road access requirements in the subdivision regulations. All driveway entrances and other openings onto streets within the town’s zoning jurisdiction shall be constructed so that:

(1) Vehicles can enter and exit from the property in question without posing any substantial danger to themselves, pedestrians or vehicles traveling on abutting streets;

(2) Interference with the free and convenient flow of traffic on abutting or surrounding streets is minimized;

(3) Streets shall be related appropriately to the topography. In particular streets shall be designed to facilitate drainage and storm water runoff, and street grades shall conform as closely as practicable to the original topography;

(4) Whenever connection is anticipated, a site plan shall be submitted to the Zoning Administrator illustrating all setbacks; proper drainage and storm water measures; and soil and erosion control plans. Proper drainage plans shall profile details of piping, drainage structures, swales and channels tying into a network of pre-existing man-made or natural channels. If natural channels are incorporated into the plan, filtering and cooling measures may be required if tour waters are involved as per § 152.033 of this chapter. Included in the site plan will be a landscaping plan if it is considered necessary by town staff.

(5) A permit approving driveway connections shall be issued by the Zoning Administrator before any construction activity can begin. A minimum of 15 days will be required to review plans and to visit the site. During construction, appropriate soil and erosion control measure will be maintained to prevent runoff from entering town waterways and storm drains.

(B) A zoning permit and a certificate of compliance may be issued for the construction or placement of one dwelling unit on an existing lot of record which does not meet the minimum requirements of this section; provided, the lot of record is located on a platted right-of-way which was recorded prior to 9-11-1978. No subdivisions of land are permitted for parcels or lots which do not meet the minimum road access requirements in Ch. 151 of this code of ordinances.

(C) Roads that do not meet the requirements of division (A) above, but were recorded prior to 9-11-1978, may be extended only to provide access to lots within a subdivision for heirs in accordance with § 151.23 of this code of ordinances.

(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 305)

§ 152.026 ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES.

(A) Districts. For the purpose of this chapter, the town and its extraterritorial jurisdiction is hereby divided into the following designated districts:

(1) R-1, Low-Density Residential District;

(2) R-1-U, Single-Family Residential District;

(3) R-2, General Residential District;

(4) C-1, Central Business District;

(5) C-1P, Central Business District with Parking;

(6) HDO, Heritage District Overlay;

(7) C-2, General Business District;

(8) RC, Resort Commercial District;

(9) G-O, Governmental-Office District;

(10) M-E, Medical Educational District;

(11) M-1, Industrial District;

(12) M-U, Mixed Use District;

(13) CUD, Conditional Use District; and

(14) CZD, Civic Zoning District.

(B) District boundaries. The boundaries of the district enumerated in § 152.026 of this chapter are hereby established as shown on the map entitled “Official Zoning Map, Town of Banner Elk, North Carolina, and the Area Comprising Its Extraterritorial Jurisdiction” adopted by the Town Council and certified by the Town Clerk. Said map and all explanatory matter thereon accompanies and is hereby, made a part of this chapter as if fully written herein. Said map shall be retained in the office of the Town Clerk and also shall be recorded in the office of the Register of Deeds of the county.

(C) Interpretation of district boundaries. Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the official zoning map, the following rules shall apply.

(1) Where district boundaries are indicated as approximately following the centerlines of streets, highways, streams or rivers, street right-of-way lines or such lines extended, such lines shall be construed to be such boundaries.

(2) Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be said boundaries.

(3) Where district boundaries are so indicated that they approximately parallel to the centerlines of streets or highways, or rights-of-ways of same, such district boundaries shall be construed as being parallel thereto and at such distance there from as indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of the scale shown on said zoning map.

(4) Where a district boundary line divides a lot of single ownership, the district requirements for the least restricted portion of such lot shall be deemed to apply to the whole thereof; provided that, such extensions shall not include any part of such a lot more than 35 feet beyond the district boundary line.

(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 306)

§ 152.027 INTENT.

(A) General. It is the intent of this subchapter that if any use or class of use is not specifically permitted in a district as set forth in the sections below, it shall be prohibited in that district unless similar uses are described in the ordinance. Should an applicant petition the town for approval of a use not covered specifically in this chapter, the application may be considered as a conditional use. Factors to be considered to determine if the use is in harmony with the keeping of the public health, safety and welfare of the citizens of the town are the impacts of anticipated amounts of traffic, noise, light, density, vibration, odor and the bearing these may have on adjoining neighbors and the community. The Town Council specifically finds that industrial uses of property, such as manufacturing and other heavy industry, are incompatible with the quiet and peaceful mountain resort and retirement community enjoyed by the citizens. The Town Council further finds that high impact uses of property, including, but not limited to, racetracks, shooting ranges and other noise emitting activities, are incompatible with the quiet and peaceful community expected and enjoyed by the citizens of the town.

(B) R-1, Low-Density Residential District. The R-1 Low-Density Residential District is established as a district in which the principal use of land is for single-family dwellings on large parcels of land. It is the intention of these regulations to provide for limited residential development in areas where police and fire protection, protection against flooding by storm water and dangers from excessive erosion are not possible without excessive costs to the community. It is also the intent to maintain and preserve a tranquil residential community with the flexibility to accommodate conditional uses compatible with residential use.

(C) R-1-U, Single-Family Residential District. The R-1-U District is established for developments where the existing pattern of development has been established by a subdivision intended and used principally for single-family dwellings on traditional lots. The more defined urban pattern offers limited use for optional non-residential development and provides justification for a more restrictive residential zone.

(D) R-2, General Residential District. The R-2 General Residential District is established as a district in which the principal use of land is for residential purposes.

(E) C-1, Central Business District. In order to protect and improve the main shopping area in the town and to discourage uses which do not require a central location which are not compatible with the function of the area as the primary shopping and office area, a Central Business District is hereby established.

(F) C-2, General Business District. The purpose of this district is to provide for general and commercial activity along major thoroughfares and at other convenient points in the area. Regulations are designed to preserve the traffic carrying capacity of the streets and to provide for off-street parking. It is not the intent of this district to encourage extensive strip commercial development, rather to provide concentrations of general commercial activities.

(G) M-E, Medical Educational District. The district is established to provide for the specific circumstances and needs of the medical and educational institutions within the town’s jurisdiction. The uses permitted within this district shall be limited to those of a medical and educational nature, and closely related uses supportive of medical and educational institutions.

(H) C-1P, Central Business District with Parking. The Central Business District with Parking is created to provide an expanded central commercial area that will maintain the character of the existing C-1 District, but will require that all uses in the district conform to the off-street parking requirements of this chapter.

(I) RC, Resort Commercial District. The Resort Commercial District is established to provide specific areas within the town jurisdiction where specific and limited resort activities can be developed in a more rural setting. The district will have conditions and standards for uses in the district that will provide protection for any adjacent residential areas while providing a more rural, rustic setting for resort commercial activities.

(J) M-1, Industrial District. This district is established to provide areas for manufacturing, warehousing and similar uses.

(K) G-O, Governmental-Office District. The Governmental-Office District includes property owned by governmental entities, such as, but not limited to, the town and county and their respective subdivisions. It includes the Town Maintenance Facility; the Tate-Evans Park; the Banner Elk Daycare Facility; the Wastewater Treatment Plant; Town Hall; the Police Department; the Banner Elk Volunteer Fire Department; professional offices; and any other such properties which may heretofore be designated for similar uses.

(L) Heritage District Overlay. (Boundary descriptions established on 2-7-2005.) The purpose of the Heritage District Overlay is to protect, preserve and encourage the architectural, cultural, village atmosphere and historical significance of the downtown core of the town. Its boundaries shall be defined as established on the official zoning map of the town. As an overlay district, the permitted and special uses, as well as dimensional requirements, shall conform to those of the underlying, except where additional requirements are noted herein.

(M) Mixed Use District. This district is designed to encourage integration of mixed land uses (residential and commercial) to promote high density, low impact development of communities with alternatives modes of transportation, such as walking and biking. The commercial and residential uses should compliment each other. The district is intended to promote nodal development as opposed to strip development and can be located away from main thoroughfares, if the Town Council agrees that the location is consistent with the vision for the town.

(N) CUD, Conditional Use District. This district is designed to allow a zoning district with no permitted uses at all; all development is subject to acquiring a special use permit. This can only be established at the property owner’s request. The legislative rezoning to apply the CUD is generally done concurrently with the quasi-judicial issuance of a SUP by the Board of Adjustment.

(O) Civic Zoning District. The Civic Zoning District is established to enable property owned by governmental entities, including the town, to operate in a way that is beneficial to the residents of the town and protects the historical integrity of the property while supporting the maintenance of the property. This district is to focus on permissible uses that are compatible with the community with some that are within the broad definition of “civic use”. This district encourages the consolidation of civic and other public and institutional uses into a single centralized area convenient to town employees, residents and visitors. Educational, cultural, museum and fine arts and low impact business uses are predominate.

(P) Wellhead Protection Overlay District. See § 152.034 of this chapter.

(Ord. passed 3-14-2005; Ord. passed 7-13-2009; Ord. passed 9-14-2015; Ord. passed 10-10-2016; Ord. passed 12-12-2016; Ord. passed 3-14-2019, § 307)

§ 152.028 USES BY DISTRICT.

(A) Permitted and special uses.

RESIDENTIAL

Uses

R-1

R-1-U

R-2

M-U

C-1

C-1P

C-2

M-E

G-O

CUD

CZD

Accessory buildings or structures

Accessory dwelling/apartment

Bed and breakfast inns

Bed and breakfast homes

Bed and breakfast village

Cluster subdivisions

Family care home

Farms and related agricultural uses

Greenhouses, non-commercial

Halfway house2

Home occupations

Manufactured home parks

Manufactured homes on individual lots - doublewide

Modular home

Multi-family dwellings (apartments, condominiums, townhouses, duplexes and the like), not exceeding four dwelling units per building

Planned residential and craft developments

Planned residential developments

Single-family dwellings - detached

NOTES TO TABLE:

(-) Not permitted

(P) Permitted by right

(S) Special; see §§ 152.185 through 152.190 and 152.205 through 152.229 of this chapter for additional requirements

1 Developed in accordance with the dimensional standards of the R-2 District

2 Pursuant to G.S. § 160D-907 shall not be located within 1/2 mile of another facility of like manner

OFFICE, INSTITUTIONAL AND GOVERNMENT FACILITIES

Use

R-1

R-1-U

R-2

M-U

C-1

C-1P

C-2

M-E

G-O

CUD

M-l

CZD

Accessory uses to medical and educational facilities: pharmacies, snack bars, rental/sale of medical supplies, florist and gift shops, not to exceed 25% of total floor area

Airports

Animal hospital or veterinary clinic, excluding open kennels on the premises

Assembly halls, gymnasiums and similar structures as the principle use

Assisted living residences; residential care facilities

Assisted living facilities; residential care facilities

Banks and financial institutions

Cemeteries

Civic organizations, lodges and fraternal organizations

Colleges, vocational and trade schools

Community centers

Dormitories; student staff housing under direct supervision of college/residential child care institutions

EMS

Fire and police stations

Funeral homes

Golf course, with or without associated country club

Golf or baseball driving ranges, miniature golf

Government buildings and land (excluding correction centers and jails), including public utility buildings and facilities

Hospitals, medical clinics and offices (not to include drug or alcohol treatment facilities)

Incubator

Libraries, museums and art galleries

Memorial gardens

Music and dance studios

Newspaper offices and printing plants incidental to such offices

Offices - business, professional and public (including doctors, dentists and the like)

Private kindergartens or day care

Public parks with associated facilities such as playgrounds, swimming pools

Religious institutions

Schools - public elementary, junior high and high schools, including private schools having a similar curriculum

NOTES TO TABLE:

(-) Not permitted

(P) Permitted by right

(S) Special; see §§ 152.185 through 152.190 and 152.205 through 152.229 of this chapter for additional requirements

RETAIL AND SERVICE

Use

R-1

R-1-U

R-2

M-U

C-1

C-1P

C-2

M-E

G-O

CUD

M-l

CZD

Accessory uses and structures located on the same lot as main structure

Accessory solar energy collection system, small scale

Accessory solar energy collection system, utility scale

Antique and consignment shops

Appliance sales and service, electrical repair no outside storage

Auto sales

Auto repair and paint shops, excluding open storage of wrecked cars, discarded tires, auto parts, or similar materials, with exception of temporary storage of a wrecked car for a period not to exceed 30 days

Bakery (sold on premise)

Bicycle sales and repair

Billiard and pool halls

Bowling alleys

Brewery, brew pub, craft brewery, microbrewery

Building supply stores, building specialty shops, and equipment sales; not to exceed 50,000 sq. ft.

Bus terminals

Car wash

Coffee shops and dairy bars

Commercial campgrounds

Convenience store, without gas sales

Convenience store with gas sales

Distillery

Dry cleaning, laundry services, tailor (pick-up only)

Farm machinery assembly, sales and repairs

Feed and seed stores

Fitness centers

Food trucks

Florist

Gift/novelty shop

General merchandise stores - less than 10,000 sq. ft.

General merchandise retail stores 10,000 - 50,000 sq. ft.

General merchandise retail stores - 50,000 sq. ft. or more

Greenhouse, commercial

Grocery stores (no wholesale)

Gunsmith

Hotels, condominium hotel, retail stores and ancillary uses to a hotel, conference facility, health club and day spa

Hydroelectric power

Locksmith

Manufactured home/ building sales

Medical supply stores

Miniature golf course

Mobile sales and rentals

Monument sales

Motels

Office supply and equipment - sales and service

Parking lot (as principle use)

Pawn shops

Personal care services - hair, nails, tanning, weight loss

Pharmacy

Photographic studios and camera supply store

Planned commercial developments

Pre-form metal structures

Radio and television stations, studios, offices

Recreational vehicle park

Restaurants - carry-out, delivery (drive thru excluded)

Restaurants - drive thru

Restaurants - sit down (drive thru excluded)

Skating rinks

Sexually oriented businesses

Shoe repair

Sign painting and fabricating shops

Small wireless facilities (concealed)

Spa

Tattoo parlor

Taxi service

Telecommunications Structures

Theaters, indoor

Wind energy system

Winery

- .

MANUFACTURING AND INDUSTRIAL

Use

R-1

R-1-U

R-2

M-U

C-1

C-1P

C-2

M-E

G-O

CUD

M-l

CZD

Automobile wrecking, junk and salvage yards

Bottling plants

Brewery, brew pub, craft brewery, microbrewery

Cold storage and freezer lockers

Contractors offices, including sheet metal, machine, roofing, plumbing, heating and air conditioning, but excluding open storage

Dairy bars and ice cream manufacturing

Distillery

Equipment machinery repair and service

Fabricating shops less than 10,000 sq. ft., such as woodworking, cabinet and upholstery shops

Food manufacturing

Lumber yards, building materials storage

Manufacturing establishments whose manufacturing operations are wholly and permanently conducted within an enclosed building and are of a non-polluting nature

Material recovery site

Municipal maintenance facilities

Printing, publishing and reproducing establishments

Propane filling station for retail purposes

Public utility lines and transformer stations, transmission towers, water tanks and towers with storage in cabinets or buildings

Radio and television towers

Recycling center/refuse collection facilities

Tire recapping

Trucking terminals

Water treatment laboratories

Wholesale storage for oil, fuel and gasoline

Wholesale and warehousing establishments, except for the storage of dangerous or offensive items such as uncured hides, explosives, oil, gasoline and the like

Winery

NOTES TO TABLE:

(-) Not permitted

(P) Permitted by right

(S) Special; see §§ 152.185 through 152.190 and 152.205 through 152.229 of this chapter for additional requirements

(B) Dimensional requirements by district.

District	Minimum Lot Size (sq. ft.)	Minimum Setback Requirements			Impervious Surface* (% of usable area under 29% slope)	Max. Height (feet)
District	Minimum Lot Size (sq. ft.)	Front (feet)	Side (feet)	Rear (feet)	Impervious Surface* (% of usable area under 29% slope)	Max. Height (feet)
G-O	-	20	10	10	60 to 90h	35
CZD	-	20	10	10	60 to 90h	35
HDO	g	g	g	g	NA	35
R-1	20,000a 15,000b 10,000c	20	10	10	40e	35
R-1-U	20,000a 15,000b 10,000c	20	10	10	45e	35
**R-2	20,000a 15,000b 10,000c	20	10	10	45e	35
M-U	NA	30	15	20	70e	35
C-1	-	d	d	d	80 to 90e	35
C-1P	-	d	d	d	80 to 90e	35
C-2	10,000	30	15	20	60e	35
M-E	40,000	35	20	25	60	35
RC	20,000a 15,000b 10,000c	f	f	f	50	35
M-I	40,000	35	20	25	60	35
NOTES TO TABLE: * For maximum percentage of impervious surfaces, see division (C) below ** Multi-family units are limited to 4 units per building (quadraplex) (1) All corner lots shall have an additional width of 10 feet (2) Where a side yard abuts a street, the setback requirements for said side yard shall be the same as the front yard setback requirements for abutting property on the side street (3) 30% of pervious surface calculation may be other materials that are pervious, remaining 70% must be natural green plantings.
(a) Refer to division (A) above for multi-family as a special use
(b) Lots which are served by a public or community water system, but no public or community sewer system: Each single-family unit shall require the minimum lot size. The first multi-family unit permitted shall require the minimum lot area for the district in which it is located, plus an additional 5,500 square feet for each additional multi-family unit
(c) Lots which are served by a public or community water and sewer system: Each single-family unit shall require the minimum lot size. The first multi-family unit permitted shall require the minimum lot area for the district in which it is located, plus an additional 4,000 square feet for each additional multi-family unit
(d) No front, side or rear yard shall be required, except as follows: (i) Where the lot abuts a street, a 10-foot setback shall be provided from the edge of the adjacent street (ii) Where a side or rear yard is provided, the width of such yard shall be not less than 4 feet (iii) Where the lot abuts upon property zoned for residential use a densely planted buffer strip shall be provided and maintained along the side and/or rear lot line of such abutting residential property. Such buffer shall not be less than 8 feet in depth along the full length of the abutting lot line and shall be composed of evergreen trees or shrubs, which at maturity will not be less than 8 feet in height
(e) The total impervious surface on any parcel shall not exceed 90% of the total square footage of the lot in the C-1, C-1P and G-O Districts and shall not exceed 45% of the total square footage of the lot in R-1, R-1-U and R-2 Districts. In the event that on site engineered storm water facilities, which capture the first inch of rain are presented as a function of the development project, the amount of impervious surface can be 90% of the lot in the C-1P, C-1 and 70% in the M-U Districts only, and then only upon a recommendation from the Planning Board and approval of a special use permit by the Board of Adjustments
(f) The minimum lot size for an RC development shall be 8 acres; provided that, within such development all uses allowed as permitted uses and special uses shall conform to the area and dimensional requirements in the R-2 District. All special uses shall conform to the 8-acre minimum and shall conform to the R-2 dimensional setbacks along the exterior boundary of the property
(g) Buildings constructed within the Heritage District Overlay shall have a maximum front building setback of 35 feet; other dimensional requirements of the underlying district apply
(h) 60% to 90% for properties dedicated to providing emergency or civil services in a governmental capacity may waive this requirement if deemed essential for their operation

Zoning District	Average Natural Slope of Parcel by Acre
	Under 20%	21% to 30%	31% to 40%	41% to 50%	Over 51%
	Maximum Allowable Percent of Impervious Surfaces/Dwelling Units Per Acre of Land Including the Removal of Active Recreation Area, Section 312
R-1	40%	35%	30%	25%	Geotechnical engineer required
R-2 R-1-U	45%	40%	35%	30%	Geotechnical engineer required
C-1 C-1P	80% to *90%	75%	70%	65%	Geotechnical engineer required
C-2	60%	55%	50%	45%	Geotechnical engineer required
G-O	60% to *90%	55%	50%	45%	Geotechnical engineer required
M-E	60%	55%	50%	45%	Geotechnical engineer required
CZD	60% to *90%	55%	50%	45%	Geotechnical engineer required
M-U	70%	65%	60%	55%	Geotechnical engineer required
RC	50%	45%	40%	35%	Geotechnical engineer required
NOTES TO TABLE: -The percentage of the slope is to be determined for the whole acreage of a parcel. -A bond must be posted as a guarantee for any improvements proposed to be dedicated to the town; contact the Zoning Administrator for more details * Up to 90% for properties dedicated to providing emergency or civil services in a governmental capacity may waive this requirement if deemed essential for their operation -30% of pervious surfaces may be pervious materials such as permeable pavers, turf block, artificial turf. The remaining 70% must be natural green planting, i.e. grass, flower beds.

(Ord. passed 3-14-2005; Ord. passed 5-9-2005; Ord. passed 2-12-2007; Ord. passed 4-13-2007; Ord. 6-11-2007; Ord. passed 10-16-2007; Ord. passed 5-13-2013; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 308; Res. passed - -2022)

§ 152.029 SETBACK PROVISIONS.

The setbacks shown in § 152.028(B) of this chapter are intended to provide flexibility for locating structures on a building site while ensuring a reasonable amount of open space for light, fire safety, privacy and aesthetics. The front setbacks, or any setback adjacent to a street or road right-of-way, must provide for sight visibility. (See illustration in § 152.072 of this chapter.) When natural features, including topography and existing trees of significant value to the lot, create a problem for setting a structure, the Board of Adjustment shall have the authority, upon request, to grant relief to vary the setbacks in order to reduce land disturbance or preserve valuable natural resources.

(A) Setbacks from roads. All setbacks from adjacent roads or right-of-way shall be measured from the edge of the traveled way if no right-of-way exists. However, in no case shall any structure be located closer than 20 feet from the edge of any traveled way, except as otherwise provided in § 152.028(B) of this chapter.

(B) Setbacks from natural features. In order to protect and preserve the valuable natural features of the town’s community, the Board of Adjustment, upon request, may authorize a property owner a variance to reduce a required setback. A property owner may make such a request if supporting evidence is provided that a reduced setback can and will preserve a natural feature which may include natural vegetation, a watercourse or a topographic feature. Evidence shall include a site plan which depicts the existing natural features of the site, the location and an elevation of the proposed structures, the setback variance requested and a plan which provides protection and safeguards for the natural features of the site. In considering and granting a variance, the Board of Adjustment must find that the impact of the reduced setback will enhance and not adversely affect the safety, health and aesthetics of the adjacent properties and the community.

(1) The following conservation setback requirements shall apply as set forth by the Division of Water Quality and the county:

(a) Twenty-five feet from the top of bank of streams;

(b) Thirty feet from the top of bank of any classified trout stream; and

(2) Note: storm water and drainage facilities can encroach into these easements for up to 25% of the easement.

(D) Transitional Setbacks from M-I Zoning District. In the event any part of a parcel zoned as M-I abuts any parcel zoned as R-1, R-1U, or R-2, the minimum setbacks for the side setback of the M-I parcel shall be not less than 35 feet, and the rear setback of the M-I parcel shall be not less than 35 feet.

(Ord. passed 3-14-2005; Ord. passed 5-14-2007; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 306; Res. passed - -2022)

§ 152.030 LAND DISTURBING ACTIVITIES INVOLVING STEEP SLOPES.

The intent of these regulations is to provide special measures for land development activities in areas requiring land disturbance of steep and very steep slopes, to facilitate the identification of land areas subject to possible slope failure and to require investigation and remediation of such conditions, if necessary, when such land is proposed to be developed.

(A) (1) The following categories of steep slope are hereby established:

(a) Very steep slopes are slopes steeper than 50%; and

(b) Steep slopes are slopes between 20% and 50%.

(2) Percentage of average slope is determined by the following method:

S = 0.0023 x I x LA

I = Contour intervals of the map in feet, with said intervals being 5 feet or less

L = Total length of the contour lines within the parcel in feet

A = Area of the parcel in acres

0.0023 = The constant that converts square feet into acres

(3) The above formula for calculating the percentage of average slope is used for § 152.028(C) of this chapter; which determines the amount of impervious surface allowed for percentage of slope. Once the placement of the footprint of a structure has been identified, the height of the building can be determined by the midpoint of each wall of the smallest rectangle that can be made with the entire footprint, to determine a midpoint in the center of that rectangle to be used for a measuring point to determine the height of the building.

(B) Development requirements for both steep and very steep slopes shall be as follows:

(1) All stream crossings, culverts and disturbance of riparian zones are to comply with appropriate state and federal regulations;

(2) Should the Zoning Administrator believe that geological hazard indicators are present, at the direction of the Town Manager, he or she may employ and/or contract with an independent geotechnical engineer to evaluate plans for development, as necessary, with the cost for this technical review to be borne by the person(s) requesting development of the property. Once the analysis is performed, the Zoning Administrator shall cause it to become a part of the public record.

(3) Developers of property, where the development plan requires land disturbing activity on very steep slopes, shall make reasonable effort to preserve and protect features of the slope, such as trees and other plant material, which may help to stabilize the slope.

(4) The owner of any property whose development plan will include the disturbance of a steep or very steep slope, as determined by the Zoning Administrator, may challenge this determination by appeal to the Board of Adjustment as provided in § 152.270 of this chapter.

(1) Plans for the development of any property must be accompanied by a site-specific geologic analysis of the very steep slope portion of the site to be disturbed by the proposed development plan, paid for the by the applicant, and conducted by a geotechnical engineer, to determine whether the proposed development plan can be implemented without jeopardizing the slope stability on the site itself or/and on properties surrounding the site.

(2) If the property is determined to be safe for development and requires remedial measures to ensure slope stability, a North Carolina registered geotechnical engineer must develop and present a plan to the Zoning Administrator that will preserve slope stability on the site during and after completion of grading and construction for the site, as well as for surrounding properties to the extent that the contemplated development activities on the site affect surrounding properties.

(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 310)

§ 152.031 PROCEDURES FOR REVIEW OF PLANS AND APPLICATIONS.

(A) The intent of this section is to allow the town staff reasonable time for review of submitted plans and applications. These requirements will also allow the Board members to carefully consider plans, applications and staff review comments.

(B) Certain fees apply to the reviewing of plans and are outlined in the Banner Elk Fee Schedule and must be paid before the review begins.

(C) All applications and site plans for minor and major subdivisions, and special uses that involve site plan approvals shall be submitted to the Zoning Administrator for review at least 30 days before the Board meeting where these applications will be reviewed. Three paper copies and one digital copy of plans shall be presented for staff review, and then after the review, upon request from the staff, additional copies shall be provided for the Board members no later than 15 days before the meeting. For all subdivisions and special uses that require site plan approvals, if extension of public water and/or sewer is proposed, three paper copies and one digital copy of utility plans shall be submitted to the Public Works Director for review at least 45 days prior to consideration of the plans by the appropriate board. Estimated number of units, bedrooms, lots shall be provided and uses specified. Extensions of the Town of Banner Elk water distribution and wastewater collection systems and the allocation of capacity related to these extensions will be evaluated in the context of consistency with the most current Water and Sewer Master Plan by the Town Council at a regular meeting.

(D) For special uses, any public hearing with the Board of Adjustment will be scheduled in the month following the Planning Board meeting to allow sufficient time to meet the requirements of advertising the public hearing in the local newspaper.

(E) If the applications and the required plans are not complete, the applicant shall be notified by staff in writing. Additional information required shall be listed and the applicant shall be made aware of the fact that the Boards will not review incomplete applications or plans. Changes or additions to applications as a result of Staff recommendations must be submitted to the Town Manager for consideration no later than 15 days prior to any respective Board Meeting.

(F) If an application for a special use permit that requires site plan approval is denied, the same application cannot be considered again for three months.

(G) The provisions of this section shall not apply to any subdivision plats or special use permit applications that were submitted for review prior to the adoption of this section.

(Ord. passed 3-14-2005; Ord. passed 5-14-2007; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 311)

§ 152.032 ACTIVE RECREATION AREA REQUIREMENTS.

(A) Intent. Residential development engenders the need to ensure that areas are provided, either within the development itself or in conjunction with the town, where active recreational activities can take place. Active recreation area requirements (ARA) are established to ensure that town’s citizens have adequate open space areas and walking trails to promote good health and a positive sense of community.

(B) Exemptions. The requirements shall apply to all planned residential developments and major subdivisions, except:

(1) When a planned development or a subdivision had been approved or had a complete application filed prior to enactment of these regulations; and

(2) Subdivisions with lots greater than three acres.

(1) Every person or organization that subdivides or develops land for residential use shall provide for a recreational facility in accordance with this section by one of the following methodologies: establish within the development areas suitable for active recreation; provide cash-in-lieu-of payment; or to provide a combination of cash and facility development acceptable to the Town Council. Should payment in lieu of the provision of onsite ARA be determined to be the preferred method of compliance with this chapter, the amount will be determined in accord with division (D) below.

(2) The amount of land required for ARA shall be based on the acreage of total area in a subdivision or planned residential development. The requirement shall be 15% of the gross square footage of the site.

(3) Criteria for evaluating suitability of proposed recreation areas within the residential development shall include, but not be limited to the following as determined by the town’s Planning Board.

(a) Unity. The dedicated land shall be a single parcel, except where it is determined that two or more parcels would be in the public interest. The Planning Board may require that the parcels be connected and may also require a path of least 20 feet in width in addition to the land requirement. Trails cannot account for more than 25% of the required active recreation area.

(b) Location. The dedicated land shall be located so as to serve the recreation needs of the residents which are a part of the proposed development.

(c) Physical characteristics. The shape, topography and soils types of the land shall be such as to be usable for active recreation. Ponds and other water features may not be included in computing dedicated land area unless acceptable to the Planning Board. Average slope of ARA shall be under 15%.

(d) Accessibility. Community access to the Active recreation area shall be provided either by an abutting street or community greenway easement. Such community easement shall be at least 20 feet in width or should connection to town greenway system be possible the easement shall be 30 feet.

(D) Fees in lieu of providing land as required in division (B)(2) above. A developer may provide funds in the amount of 125% (to account for the cost of recreational equipment) of assessed value, as determined by the county’s Tax Assessor, of the land area prescribed in division (C)(2) above. The Town Council upon a recommendation from the Planning Board shall determine whether fees in lieu of providing ARA is an acceptable solution, or if it can be a combination of fees and land.

(E) Use of fees. The funds collected from the cash-in-lieu-of-land payments shall be spent only on capital improvements to town-owned recreational facilities or acquisition of new land and facilities, including greenway construction. The expenditure of recreation funds paid by the developer to the town in lieu of providing active recreation area shall be determined by the Town Council.

(Ord. passed 3-14-2005; Ord. passed 5-14-2007; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 310)

§ 152.033 STORM WATER MANAGEMENT.

(A) Purpose. The storm water management regulations of this section shall protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of storm water runoff associated with new development. Proper management of storm water runoff will protect property, control stream channel erosion, prevent increased flooding associated with new development, protect floodplains, wetlands, water resources, riparian and aquatic ecosystems and otherwise provide for environmentally sound use of the town’s natural resources. These regulations create standards for post development levels of run off in addition to construction run off regulation that are governed by the Department of Environment and Natural Resources as part of the soil erosion control permit. All storm water best management practices planned, designed and implemented under the authority of this chapter shall conform to the standards adopted by NCDENR in the latest Storm Water Best Management Practices Manual. Access to this manual can be found at http://portal.ncdenr.org/web/lr/bmp-manual. Where contradiction exists between the manual and this chapter, the stricter of the two shall prevail.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

APPLICANT. An owner or developer of a site who executes the storm water permit application.

BIO-RETENTION BASIN. The use of plants and soils for removal of pollutants from storm water runoff via adsorption, filtration, sedimentation, volatilization, ion exchange and biological decomposition. In addition, BIO-RETENTION provides landscaping and habitat enhancement benefits.

CONNECTION. Any ditch, pipe or other device for the diversion or transmission of storm drainage, which will in any way affect the operation or maintenance of the drainage ways.

CONVEYANCE. Any feature of the landscape or earth, human-made or natural, which carries water in a concentrated flow.

DETAIN. To store and slowly release storm water runoff following precipitation by means of a surface depression or tank and an outlet structure.

DEVELOPMENT. Any land disturbing activity which adds to or changes the amount of impervious or partially pervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil, other than a rebuilding activity that does not qualify as redevelopment.

DRAINAGE STRUCTURES. Shall include swales, channels, storm sewers, curb inlets, yard inlets, culverts and other structures designed or used to convey storm water.

DRY EXTEND DETENTION BASIN. A dry extended detention basin temporarily stores incoming storm water, trapping suspended pollutants and reducing the peak discharge from the site.

GRASSED SWALE. A water quality grassed swale is a shallow open-channel drainage way stabilized with grass or other herbaceous vegetation that is designed to filter pollution.

LAND DISTURBING ACTIVITY. Any use of, or operations on, the land by any person in residential, industrial, educational, institutional or commercial development, including road construction and maintenance, that results in a change in the natural cover or topography.

TEN-YEAR, 24-HOUR STORM. The surface runoff resulting from a 24-hour rainfall of an intensity expected to be equaled or exceeded, on average, once in ten years and with a duration of 24 hours.

RAIN GARDEN. A rain garden is a planted depression allows rain water runoff from impervious urban areas, like roofs, driveways, walkways, parking lots and compacted lawn areas, the opportunity to be absorbed.

RETAIN. To capture and hold storm water runoff following precipitation by means of surface depression allowing the water to infiltrate into the soil, thus reducing the hydrologic and pollution impacts downstream.

STORM WATER. Any surface flow, runoff and drainage consisting entirely of water from rainfall events.

STREAM. A watercourse that collects surface runoff, minor waterway leading to a river.

VELOCITY. The average velocity of flow through the cross-section of the main channel at the peak flow of the storm of interest.

WET DETENTION BASIN. A storm water management facility that includes a permanent pool of water for removing pollutants and additional capacity above the permanent pool for detaining storm water runoff.

(1) The storm water management regulations of this section apply to the following activities:

(a) All new commercial development or expansions of commercial/industrial development that create an additional 2,000 square feet of impervious surface.

(b) All major subdivisions and planned residential developments with land disturbance over one acre, that will require a soil and erosion control plan.

(2) The following activities will be exempt:

(a) Any development in which the owner has accrued a vested right prior to adoption of these regulations;

(b) Redevelopment or expansions on existing residential lots, if the increase in the additional impervious surface created is less than 3,000 square feet;

(d) Single-family residential development when total land disturbance of less than one acre takes place;

(e) Agricultural and forestry activities as defined by general statutes; and

(f) Activities for which a permit is required under the Mining Act, being G.S. Ch. 74, Art. 7.

(D) Design standards.

(1) Design standards are established for the purpose of promoting sound development practices which respect, preserve and enhance the town’s watercourses and are not intended to prohibit the use of innovative and alternative techniques which can be demonstrated to have the potential for successfully achieving the objectives stated in division (A) above. All storm water best management practices planned, designed and implemented under the authority of this chapter shall conform to the standards adopted by NCDENR in the latest Storm Water Best Management Practices Manual. To access this manual: http://portal.ncdent.org/web/lr/bmp-manual. Where contradictions exist between the manual and this chapter, the town ordinance shall supersede the NCDENR document.

(2) The measures shall control and treat the difference in storm water runoff volume leaving the project site between the pre- and post-development conditions for, at a minimum, the ten-year, 24-hour storm.

(3) The design of drainage facilities in flood hazard areas shall be consistent with the requirements of Ch. 150 of this code of ordinances. No storm water controls shall be allowed within the floodway unless a no rise certification from a licensed engineer or a CLOMR and LOMR are obtained from FEMA.

(4) Runoff calculations shall be based on full potential development of the project to the extent allowed by the current zoning and subdivision regulations. A full set of design calculations, plans, hydrographs and other supporting documents shall be submitted to the town to demonstrate compliance with this chapter. The aforementioned plans must be sealed by a licensed North Carolina professional engineer.

(5) Storm water controls that drain in whole or part to designated trout waters as defined by the state’s Environmental Management Commission shall be designed and shall implement the best storm water management practices that do not result in a sustained increase in the receiving water temperature, while still meeting the other requirements of this chapter. It is the applicant and the engineer’s responsibility to demonstrate that this requirement can be met based on the proposed BMP and design.

(E) Design standards for water detention.

(1) This shall be accomplished under the guidelines as follows.

(a) Wet detention basins shall maintain a permanent pool of water, sufficiently deep to function as open waterbody.

(b) Ponds should be engineered to maximize the theoretical detention time and avoid flow short-circuiting. Basic considerations for the installation of detention basins are location, hydraulic inflow rate, hydraulic residence time, permanent pool size and maintenance.

1. Promote settling of suspended particulates;

2. Biological uptake of pollutants; and

3. Decomposition of pollutants and plant nutrients.

(d) Pond shape, depth and surrounding fringe areas must be considered to maximize effectiveness of basin.

(e) Marsh plants shall be included around this fringe area to help remove pollutants, provide habitat, hide debris and improve the look of an otherwise unsightly area.

(f) Dry extended detention basins provide fewer hazards to the public due to the absence of a permanent pools.

(g) Rain Gardens and grassy swales reduce run-off by allowing storm water to soak back into the ground with the use of natural plants that also absorb the water and hold it until it can be released slowly back into the ground.

(2) Maintenance of wet retention ponds should be minimal if designed correctly. However, non-organic debris shall be removed on a regular basis.

(3) Maintenance of any storm water measures will be overseen by a property owners association (or equivalent) if required as a part of a planned residential development approval. Failure to maintain storm water development systems may result in a violation of this chapter and will be subject to penalties as outlined in § 152.999 of this chapter.

(F) Notice of violation and penalty. Failure to design storm water development systems or maintain these systems may result in a violation of this chapter and will be subject to penalties as outlined in § 152.999 of this chapter.

(Ord. passed 3-14-2005; Ord. passed 5-14-2007; Ord. passed 7-14-2008; Ord. passed 4-12-2010; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 313)

§ 152.034 WELLHEAD PROTECTION OVERLAY DISTRICT/WELLHEAD PROTECTION PLAN.

(A) Background.

(1) In 1986, Safe Water Drinking Act (SWDA) amendments added Section 1428, “State Programs to Establish Wellhead Protection Areas”, which requires each state to develop a program to “protect wellhead areas within their jurisdiction from contaminants which may have any adverse affects on the health of persons.” The term wellhead protection area is defined in the law as “the surface and subsurface area surrounding a water well or well field, supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water well or well field.” North Carolina’s Environmental Protection Agency (EPA) approved Wellhead Protection Program (WHPP) provides technical support to local governments and public water supply systems in their endeavors to develop and implement their own wellhead protection plans.

(2) The state’s objective in developing a protection plan is to provide a process for public water system operators to learn more about their groundwater systems and how to protect them. Wellhead protection plans allow communities to take charge of protecting the quality of their drinking water by identifying and carefully managing areas that supply groundwater to their public wells.

(3) Regulations of the Division of Water Resources (DWR), under the Department of Environmental Quality require wellhead protection measures for any public water supply wells to be used as a community or non-transient, non-community water system to meet the following requirements:

(a) The well shall be located on a lot so that the area within 100 feet of the well shall be owned or controlled by the person supplying the water. The supplier of water shall be able to protect the well lot from potential sources of pollution and to construct landscape features for drainage and diversion of pollution.

(b) The minimum horizontal separation between the well and known potential sources of pollution shall be as follows:

1. One hundred feet from any sanitary sewage disposal system, sewer, or a sewer pipe unless the sewer is constructed of water main materials and joints, in which case the sewer pipe shall be at least 50 feet from the well;

2. Two hundred feet from a subsurface sanitary sewage treatment and disposal system designed for 3,000 or more gallons of wastewater a day flows, unless it is determined that the well water source utilizes a confined aquifer;

3. Five hundred feet from a septage disposal site;

4. One hundred feet from buildings, mobile homes, permanent structures, animal houses or lots, or cultivated areas to which chemicals are applied;

5. One hundred feet from surface water;

6. One hundred feet from a chemical or petroleum fuel underground storage tank with secondary containment;

7. Five hundred feet from a chemical or petroleum fuel underground storage tank without secondary containment;

8. Five hundred feet from the boundary of a ground water contamination area;

9. Five hundred feet from a sanitary landfill or non-permitted non-hazardous solid waste disposal site;

10. One thousand feet from a hazardous waste disposal site or in any location which conflicts with the North Carolina Hazardous Waste Management Rules cited as 15A NCAC 13A;

11. Three hundred feet from a cemetery or burial ground; and

12. One hundred feet from any other potential source of pollution.

(c) The Department may require greater separation distances or impose other protective measures then necessary to protect the well from pollution; the Department shall consider as follows:

1. The hazard or health risk associated with the source of pollution;

2. The proximity of the potential source to the well;

3. The type of material, facility or circumstance that poses the source or potential source of pollution;

4. The volume or size of the source or potential source of pollution;

5. Hydrogeological features of the site which could affect the movement of contaminants to the source water;

6. The effect which well operation might have on the movement of contamination; and

7. The feasibility of providing additional separation distances or protective measures.

(d) The lot shall be graded or sloped so that surface water is diverted away from the wellhead. The lot shall not be subject to flooding.

(e) When the supplier of water is unable to locate water from any other approved source and when an existing well can no longer provide water that meets the requirement of this section, a representative of the division may approve a smaller well lot and reduced separation distances for temporary use.

(4) In addition, communities are encouraged to establish wellhead protection plans, which include the following:

(a) The formation of a wellhead protection committee to establish and implement the wellhead protection program whose role it is to conduct a potential contaminant source inventory, provide options for the management of the WHP area, seek public input into the creation of the WHP plan, seek approval of the WHP program and to implement the WHP program;

(b) Delineation of the contributing areas of the water sources;

(d) Develop and implement wellhead protection area management actions to protect the water sources;

(e) Develop an emergency contingency plan for alternative water supply sources in the event the groundwater supply becomes contaminated and emergency response planning for incidents that may impact water quality;

(f) Development of a public education program; and

(g) Conduct new water source planning to insure the protection of new water source locations and to augment current supplies.

(5) Wellhead protection for public water supply wells is a voluntary program, but water systems across the state are encouraged to take the above steps in protecting all groundwater sources. The Public Water Supply Section (PWSS) provides the final approval for WHP programs. The North Carolina Wellhead Protection Program Coordinator is:

M. Gale Johnson, P.G.

Public Water Supply Section

1634 Mail Service Center

Raleigh, North Carolina 27699-1634

Phone 919-707-9083

Fax 919-715-4374

(B) Introduction. The town is located in the northwest quadrant of Avery County in the Appalachian Highlands 3,739 feet above sea level (Banner Elk Development Plan, 1967). High peaks and rugged ridges surround the town. The town is known for its proximity to major ski resort areas and is home to Lees-McRae College. The town has 1,146 customers via 621 connections with an average daily usage of 233,000 gallons per day. The town currently gets its water from four wells and one ground storage tank with a total storage capacity of 500,000 gallons. Water treatment consists of Sodium Hypochlorite for microbial disinfection, Polyphosphate for iron sequestration and Sodium Hydroxide for pH adjustment. The town currently contracts an independent company for well system operations.

(C) Planning team. The following people have been designated or volunteered to serve as the Wellhead Protection Committee (WPC):

Name	Position
Rick Owen	Town Manager
Earl Turbyfill	Public Works Director
Harold Shell	ORC, Water Quality Labs
Justin Hodges	Water Resources
Brian Grogan	NC Rural Water Association

(D) Responsibilities for the WHP plan.

(1) The positions responsible for implementing the program are the Town Council. They have accepted the recommendations made in the program by the WPC and the Council has granted the Town Manager, the authority to implement the plan and to approve any revisions that may be necessary to obtain approval from the Public Water Supply Section (PWSS).

(2) The Town Council will begin implementation of the plan immediately following its approval by the PWSS of the North Carolina Department of Environmental Quality (NCDEQ) and will complete implementation within 90 days.

(E) Needs and goals.

(1) Long-term goals and visions.

(a) Provide safe drinking water for all town water customers;

(b) Approval of the town’s wellhead protection program by the Public Water Supply Section of the North Carolina Department of Environmental Quality; and

(2) Problems and needs identified.

(a) To provide protection of the town water resources at present and into the future;

(b) Educate town water customers on groundwater and how to protect it; and

(c) Develop an overlay zoning district to add protection and control growth and development within the wellhead protection area.

(F) Delineation of the wellhead protection area.

(1) Delineation of the wellhead protection areas involves making an inventory of all public water supply (PWS) wells included under the plan and gathering basic information about each well. The most important part of this step is to identify the area that must be managed to reduce the likelihood of contamination of your well, the wellhead protection area (WHPA).

(2) The modified calculated fixed radius method was used to establish the wellhead protection area for the town. Circular wellhead zones were delineated around each of the pumping wells using the following equations:

Acmax	=	Qmpw W
Acmax	=	The maximum contributing area, in square miles
Qmpw	=	The maximum permitted daily withdrawal in gallons per minute (based on a 720-minute per day pumping cycle, although the cycle is typically less than 320 minutes/day)
W	=	Estimated average recharge rate to the surficial aquifer. In the town area, the value is estimated to be 600,000 gallons per day per square mile, (Heath and Johnson, 2001).

(3) The radii of circular protection areas (r, in feet) are found by the formula:

(4) Because transmissivity may be directional due to cracks or foliations in the bedrock, the area was doubled for all wells except well 3. It is assumed that well 3 will have infinite recharge due to the close proximity to the river. The resulting circular wellhead protection areas were then modified to account for the terrain and drainage patterns exhibited on a topographical map of the area, thus resulting in larger and extended shape of the protection area. The final wellhead protection area consists of two separate areas on each side of the river. Maps of the wellhead protection areas are located in this section.

Table 1. Well and Delineation Information
Well	Yield (Qmpw)		Acmax (mi2)	Acmax (mi2)	Radius
Well	Gallons/ Minimum	Gallons/Day	Acmax (mi2)	Acmax (mi2)	Miles	Feet
1	110	79,200	.13	.26	.29	1,531
2	60	43,200	.07	.14	.21	1,130
3	200	144,000	.24	na1	.28	1,459
5	165	118,800	.20	.40	.36	1,875
1 The radius for well 3 was not doubled due to assumed infinite recharge from the river 2 There are no available copies of well records or pump tests for town wells. Information on pump rates, depth and date drilled was taken from SDWIS database

(G) Potential contaminant source inventory. A potential contaminant source (PCS) is any substance or activity that could adversely affect the quality of your drinking water supply. The PCS inventory is a complete listing, including mapped locations, of past and present land use activities within the wellhead protection area (WHPA) that threaten ground-water quality.

(1) NC SWAP reports (source water assessment and protection). The source water assessment program (SWAP) information is compiled by the Public Water Supply (PWS) Section from available electronics PCS databases with state-wide coverage obtained from various state agencies. The SWAP information is an extremely valuable starting point for conducting a PCS inventory. However, it is not a comprehensive database of all PCSs. Because it includes only those databases with state-wide coverage that are available to the PWS Section in an electronic format, PCS information specific to the area of interest may not be included. Databases (both hard copy and electronic) maintained by local, county, state, and federal agencies may contain information about known PCSs occurring within the WHPAs (such as, areas of pesticide or fertilizer application, pesticide storage areas, landfills or dumps, inactive hazardous waste sites, underground storage tanks, above ground storage tanks, areas with septic systems, improperly constructed/abandoned wells, and the like). The NC SWAP report was reviewed by the WPC and the susceptibility for all four wells was ranked by the NC PWS Section as moderate. It is important to understand that a susceptibility rating of moderate does not imply poor water quality. Susceptibility is an indication of a water supply’s potential to become contaminated by the identified PCSs within the assessment area. The town’s SWAP report can be located at the following website: http://www.ncwater.org/files/swap/SWAP_Reports/0106015_7_2_2015_85_11.pdf.

(2) Pre-sanitary landfills. The landfills that appeared on the waste management pre-sanitary landfill data base were surveyed and it was determined by the WPC that no such facilities were within the WHPAs.

(3) State solid waste facilities. According to the solid waste database, there were no solid waste facilities located in the town’s WHPAs.

(4) Underground injection control (UIC). According to the UIC database, there were no UIC facilities located in the town’s WHPAs.

(5) Animal operations (swine). It was determined by the WPC that the animal operations which appeared on the database were not within the WHPAs.

(6) State NPDES permit database. It was determined by the WPC that the state NPDES permits which appeared on the database were not within the WHPAs.

(7) Local database search. The County Emergency Management Director, David Charles Vance (828) 733-8213 was contacted concerning SARA Title III Tier II facilities that might occur within the WHPA. SARA stands for Superfund Amendments and Reauthorization Act of 1986 and is regulated by the Environmental Protection Agency, EPA. The purpose of this tier II reporting is to provide state and local officials and the public with specific information on hazardous chemicals present at a given facility during a specific time period.

(8) PIRF incidents. The PIRF database contains information regarding the release of pollutants into the environment that have or are likely to have, impact on the groundwater resources of the state. The initial information regarding these releases is usually obtained from concerned citizens or responsible parties, who report the release to the Department of Environmental Quality. After an incident is reported, regional office staff investigates the reported incident and enter the results of their investigation into a state-wide database. This database contains an inventory of reported incidents from a variety of sources, such as leaking storage tanks, tanker spills, animal feedlots, stockpiles, and the like. Substances released into the environment include gasoline and other related compounds, chemicals, nitrates, pesticides, and other organic and inorganic contaminants. There are two main sources for this data. The Division of Waste Management, underground storage tank section, provided information on the pollution incidents that resulted from a leaking underground storage tank. The Division of Water Resources, aquifer protection section provided information on all other pollution incidents. Two PIRF incidents were identified within the WHPA. A summary of these events is located in this section.

(9) Septic tanks. The County Health Department is responsible for inspection of all septic tanks in the county. The town operates a sanitary sewer system with most homes and businesses located in the WHPA on this system. Any homes and businesses that are determined to be connected to septic tanks will be given a brochures covering proper maintenance of their septic system and any other educational materials that the town may find to be beneficial.

(10) Abandoned wells. The town has taken well 4 out of service due to surface water infiltration and properly abandoned in accordance with standard #15A NCAC 2C.0110. The town is also looking at ways to encourage property owners to abandon any well no longer being used.

(11) Windshield survey. Based upon the information found through the database searches, the WPC conducted a windshield survey of the entire WHPA to identify each potential contamination source (PCS) found and also any other facilities or activities that exist within the WHPA. On-site visits were made and additional information was obtained regarding quantity and types of contaminants kept onsite. Table 2 shows the potential contaminant sources identified along with quantities and types of contaminants found at the site. Each potential contaminant site was assigned a code that was used to locate it on the inventory map. The inventory map shows the location of each of the potential contaminant sources within the WHPA. The code given each site is based on the following list:

Category	Code
Highways	A
Underground storage tank (UST)	B
Storm water discharge vault	C
Surface water	D

(H) Potential contaminant sources.

Table 2. Potential Contaminant Sources
Map Code	PCS Site	Owner Contact	Contaminants	Volume
A-1 A-2	NC State Highway 194 & HWY 184	Avery County DOT Jerry Combs, Co. Engineer 828-733-2776 Emergency: 911	Spills	N/A
B-1	UST #27591 Banner Elk Elementary School 185 Azalea Circle	Avery County Board of Education P.O. Box 1360 Newland, NC 28657 828-733-6006	UST	10,000 gallons fuel oil
C-1	Storm Water Discharge Azalea Circle	Town of Banner Elk P.O. Box 2049 Banner Elk, NC 28604 828-898-5398	Spills	150,000 gallons collection of storm water runoff
D-1	Shawneehaw Creek		Leaks/spills	N/A

(1) For each WHPA, the PCSs were ranked according to the threat each presented to the water supply well or wells. The following method was used to rank each PCS in each WHPA:

(a) Each PCS was assigned to a risk category of higher, moderate, or lower based on information adapted from the EPA (1993), and from the Oregon wellhead protection program. Each PCS was assigned a numerical “category” score to correspond with the risk category (such as, higher-3, moderate-2, lower-1). For sites with more than one source of potential contamination, the sum of the category scores for each potential contaminant was used. Each site of potential contamination was then assigned a “proximity” score calculated with the following equation:

Proximity score =1-(distance from the well/radius of the WHPA)

(b) The final PCS ranking was obtained by multiplying the category score by the proximity score for each potential contaminant site. This resulted in a relative ranking of each PCS within a given WHPA based on the threat posed to the water supply well or wells. This risk analysis provided information that was used to determine which water supply wells are at greater risk of contamination and which PCSs should be considered first in regards to wellhead protection. Table 3 lists the risk potential score, proximity score and overall risk score for each PCS associated with each well.

(c) Because the wells are located in an unconfined aquifer, groundwater is readily susceptible to surface spills and leaks. Although the wells draw water from the fractured rock aquifer that lies under the soil and regolith, contamination can still enter the through downward percolation. The wells are at greatest risk from:

1. Underground storage tanks (USTs); and

2. Stormwater discharge.

Table 3. PCS Risk Evaluation
Map Symbol	Site	Distance from Well	WHAA Radius	Proximity Score	Category Score	Overall Score
Well 1
A-1	NC Hwy 194	440	1531	0.71	2	1.43
D-1	Shawneehaw Creek	430	1531	0.72	1	0.72
Total Well 1:						2.14
Well 2
A-1	NC Hwy 194	165	1130	0.85	2	1.71
D-1	Shawneehaw Creek	325	1130	0.71	1	0.71
Total Well 2:						2.42
Well 3
A-1	NC Hwy 194	580	1459	0.60	2	1.20
D-1	Shawneehaw Creek	70	1459	0.95	1	0.95
B-1	Elementary School UST	469	1459	0.68	3	2.04
A-2	NC Hwy 184	890	1459	0.39	2	0.78
C-1	Stormwater discharge	810	1459	0.44	3	1.33
Total Well 3:						6.31
Well 5
A-2	NC Hwy 184	1200	1875	0.36	2	0.72
B-1	Elementary School UST	1573	1875	0.16	3	0.48
D-1	Shawneehaw Creek	1100	1875	0.41	1	0.41
C-1	Stormwater discharge	1280	1875	0.32	3	0.95
Total Well 5:						2.57

(2) With a total risk assessment score of 6.31, well #3 is most at risk. Because it has more potential sources of contamination, some of which are close to the well. The higher-risk sites were found to be the UST and the stormwater discharge. Moderate and lower-risk sites identified were major roads through town and surface water (Shawneehaw Creek). The other risk assessment scores were: well #2 at 2.42, well #1 at 2.14 and well #5 at 2.57.

(I) Management of the wellhead protection area.

(1) There are two methods of managing wellhead protection areas (WHPA). They are regulatory and non-regulatory. The town has chosen regulatory as their main line of defense and non-regulatory management methods for PCS’s in the WHPA already.

(2) The town has adopted a zoning overlay district for their WHPA to keep this area from being developed with businesses or activities that could potentially harm the water resources of the town. A copy of the document is included in the appendix at the end of this section.

(3) A total of three wellhead protection brochures (tri-fold) will be delivered to each resident, business, and agricultural operation within the wellhead protection area. Copies of these brochures will be made available at the Town Hall and other locations deemed necessary for public education on wellhead protection. In general, the brochures will convey to each citizen/business the following information:

(a) An explanation of what groundwater is and the number of wells in their particular system;

(b) An explanation of what a wellhead protection program is;

(d) Phone numbers to contact for more information; and

(e) Tips on protecting their water supply such as:

1. Proper disposal of household hazardous wastes and oils (for example, not disposed of through septic systems, pouring on ground, or through regular garbage collection);

2. Proper use and storage of fertilizers and pesticides; and

3. Proper maintenance of home heating oil tanks and septic systems.

(4) The town will provide information to each business located within the WHPA on waste handling practices, best management practices, standard operating procedures, and waste oil disposal methods which could be employed to reduce the potential for ground water contamination. The town will also provide information regarding the North Carolina Division of Environmental Assistance and Customer Service (DEACS) to each business, industry, and farm located within the WHPA. Owners/operators of potential contamination sources will be encouraged to contact the DEACS. DEACS provides free technical and other non-regulatory assistance to reduce the amount of waste released into the air and water and on the land. The DEACS serves as a central repository for waste reduction and pollution prevention information. The DEACS emphasizes waste reduction through pollution prevention, encourages companies and government agencies to go beyond compliance, and provides information about the environmental permitting process. This information is provided at no charge to state businesses, industries, government agencies, and the general public upon request. For additional information, the DEACS may be contacted at (877) 623-6748.

(5) Personnel with the town will be educated on wellhead protection and steps they can take to reduce the potential for contamination (such as, information about best management practices, standard operating procedures, waste handling practices, and the like). The town will also contact the State Division of Environmental Assistance and Customer Service (DEACS) to investigate steps that the town can take to reduce the amount of waste released into the air and water and on the land at town owned and/or managed facilities.

(6) Owners of improperly constructed/abandoned wells identified within the WHPA will be provided information regarding the threat posed to the water supply by these wells. Owners of improperly constructed/abandoned wells will be encouraged to have these wells properly abandoned in accordance with the state’s well construction standards found at 15A NCAC 2C.0100. If information exists that a well is improperly constructed or is contributing to the contamination of groundwater, the town will notify the aquifer protection section, Division of Water Resources.

(7) If an abandoned UST site is found, the town will contact the North Carolina Division of Waste Management, UST Section, to determine if a closure report was submitted demonstrating that no soil or groundwater contamination was identified during the removal of UST’s. If a closure report was not submitted, the town will notify the UST section of the location of the facility within the WHPA and its proximity to a public water supply well.

(8) The County Solid Waste has a one-time per year hazardous household waste (HHW) program at this time and accepts all forms of HHW. Each year the county notifies the residents about the upcoming date for this event and the tow will work to get this information into all residents and business owners in the WHPA. The County Solid Waste Department phone number is (828) 737-5420.

(9) All residents and businesses in the WHPA of each well with septic tanks and home heating oil tanks will be distributed a copy of the wellhead protection brochure and any other information the town can obtain from county and/or state agencies on proper septic tank and heating oil tank maintenance.

(10) Automotive repair businesses in the wellhead protection areas that produce auto wastes (oils, acids, anti-freeze, and the like) will be provided information on waste handling practices, best management practices, standard operating procedures, and waste oil disposal methods which could be employed to reduce the potential for ground water contamination. They will also be provided with information regarding the North Carolina Division of Environmental Assistance and Customer Service (DEACS). Owners/operators of these facilities will be encouraged to contact the DEACS.

(11) The town owns and maintains a storm water catch basin that will hold 150,000 gallons. The parking lots, roads and streets within the downtown area of the town are tied to this basin.

(12) For any soil or ground-water contamination incidents discovered within the WHPA, the town will contact the state agencies with oversight responsibilities for remediation to determine if remediation efforts are proceeding in a timely fashion and in accordance with any schedules established by these agencies. Through this process, the town will bring to the attention of the state agencies with oversight responsibilities for remediation any failures by the responsible parties to comply with required monitoring and corrective action. The town will also notify the state agencies with oversight responsibilities for remediation of the location of any such facilities within the WHPA and their proximity to public water supply well. The town will also contact the state agencies with oversight responsibilities for contamination incidents and notify them of the locations of any sites issued notices of “no-further action” occurring within the WHPA and will request a review of this assessment.

(13) (a) The town will notify any individual, industry, business, or government agency installing or planning to install a regulated underground storage tank within the town’s wellhead protection area of the following regulation: North Carolina underground storage tank (UST) regulation 15A NCAC 2N.0301 stipulates specific siting and secondary containment requirements for UST systems installed after January 1,1991. The rule is summarized as follows:

1. No UST system may be installed within 100 feet of a public water supply well or within 50 feet of any other well used for human consumption.

2. Secondary containment is required for UST systems within 500 feet of a well serving a public water supply or within 100 feet of any other well used for human consumption.

(b) Violations of this regulation will be reported to the Division of Waste Management, underground storage tank section. The UST Section will also be notified of the location of the facility within the WHPA and its proximity to a public water supply well or any other well used for human consumption.

(c) A regulated UST system is any underground storage tank and associated piping that contains petroleum (including gasoline, diesel and used oil) or a hazardous substance as defined by the state rules (15A NCAC 2N). Tanks containing heating oil for use on the premises where stored are not regulated.

(14) Facilities with an underground buried storage capacity of more than 42,000 gallons of oil, or an aggregate above ground storage capacity greater than 1,320 gallons of oil, or an above ground storage capacity of a single container in excess of 660 gallons are subject to the oil pollution prevention regulations contained in federal regulations found at 40 C.F.R. § 112. These facilities must prepare and implement a spill prevention control and countermeasures (SPCC) plan. The town should verify the status of the SPCC plan for each subject facility located within the WHPA. The state statutes require registration of any facilities storing more than 21,000 gallons of petroleum product. Subject facilities not in compliance with these regulations should be notified of their regulatory responsibility under this regulation. The team should also notify the Division of Water Quality, groundwater section if such facilities do not promptly come into compliance.

(J) Contingency plan.

(1) The primary person responsible for implementing the emergency contingency plan is the Town Manager. The secondary (back-up) person responsible for implementation is the Public Works Director.

(2) Should a major oil or chemical spill occur within the wellhead protection area, appropriate emergency agencies will be notified. The first of these would include the Fire Department and the County Emergency Coordinator.

Fire Department 911

Avery County Emergency Services

(828) 733-8213

(3) Short term; less than 48 hours:

(a) The town operates one primary water storage tank with a total storage capacity of 500,000 gallons. Its average daily usage is approximately 233,000 gallons, so it has the capacity to store enough water for two day’s use. If power is lost to the wells, there is one stationary generator for emergency operation of well #3 and one portable generator for well #5. All water customers would be contacted and asked to conserve water until the emergency is over.

(b) If evidence exists which indicates that a well is contaminated, it will be immediately taken offline by turning off valves. An assessment will be made to determine if contamination was the results of an act of vandalism or terrorist and the appropriate authorities would be contacted. Also the well would not be returned to service until it is determined that water quality from the impacted well is in compliance with standards governing public water supplies.

(4) Long term; greater than 48 hours: if one or more of the town wells were to become contaminated, they would be taken off-line by shutting off valves. If it were determined that contaminants had entered the distribution system, residents would be notified by radio, TV, newspaper, door-hangers, and the like not to drink the water until further notice.

(5) Appropriate officials like emergency management the National Guard and any other pertinent personnel would be contacted to aid in supplying water.

(6) The regional office of the public water supply section would be notified immediately of the situation and asked for assistance. Sampling (for example, bacteriological, VOC’s, SOC’s, and the like) would begin to determine the contaminant involved and the extent of contamination. A systematic flushing of the distribution system would begin with follow-up sampling conducted as needed until the system was determined to be free of contamination and in compliance with standards governing public water supplies. After consultation with the Public Water Supply Section, residents would be notified that the town water was once again safe for consumption.

Emergency Contact Numbers and Additional Resources
Name	Resource
Primary person responsible for implementing emergency contingency plan Rick Owen Work: 828-898-5398 Home: 828-387-2466 Cell: 828-387-2466	Primary person Town Manager
Secondary person and other pertinent personnel	Secondary person
Earl Turbyfill Work: 828-898-5398 Home: 828-733-0235 Cell: 828-387-1550	Public Works Director
Justin Hodges Work: 828-898-5398 Home: 828-733-5680 Cell: 828-387-1052	Water Resource Office
Braswell Well Drillers 828-733-2602	Well driller
David Bissit 704-577-7884	Chemical Supplier
Gopher Utilities 704-963-9064	Control System
Quality Electric 828-898-6251	Electrical Contractor
Local Resources	Emergency Response
Avery County Health Department 828-733-1550
Cannon Hospital 828-737-7000
Avery County Sheriff 911 or 828-733-5855
Avery County Emergency Management 828-733-8210
Avery County Government Offices 828-733-8201
Local newspaper and television	Public notification
Avery Journal-Times 828-733-2448	Newspaper
Mountain Television Network 828-262-0990	Television station
Public Water Supply Section 1634 Mail Service Center Raleigh, NC 27699-1634 919-715-2853	Technical assistance regulatory guidance
NC Department of Environmental Quality, Asheville Regional Office 2090 US Hwy 70 Swannahoa, NC 28778 828-296-4900	Regional Water Quality Section, Public Water Supply Section, UST Section, Aquifer Protection Section, Hazardous Waste Section Spills, Regulatory information and technical assistance
Department of Transportation District Traffic Engineer Mr. Michael Poe 1561 Mail Service Center Raleigh, North Carolina 27699-1561 Local Office: 828-265-5380	Emergency spill notification
NC Army National Guard Boone, NC 28560-2817	Emergencies, as available: Generators, 400-gallon water trailers, bottled water, transportation
NC Rural Water Association Post Office Box 590 Welcome, NC 27374 336-731-6963	Technical assistance education
North Carolina Cooperative Extension Service Campus Box 7602 North Carolina State University Raleigh, NC 27695-7602 919-515-2811 www.bae.ncsu.edu Local number: 828-264-3061	Educational brochures, publications
US EPA Regional Office AST/SPCC Program Region IV 61 Forsyth Street Atlanta, GA 30365-3415 404-562-8761 www.epa.gov/oilspill	Above ground storage tank information
US EPA Regional Office GW & UIC Section Region IV Atlanta Federal Center 61 Forsythe St. Atlanta, GA 30303-8960 www.epa.gov	Educational brochures, publications
Division of Environmental Assistance and Customer Service Ron Pridgeon 1639 Mail Service Center Raleigh, NC 27699-1639 877-623-6748 http://deq.nc.gov/about/divisions/environmental-assistance-customer-service	Technical and non-regulatory assistance to reduce waste
National Small Flows Clearinghouse West Virginia University Post Office Box 6064 Morganton, WV 26506-6064 800-624-8301 www.nesc.wvu.edu/nsfc/nsfc_index.htm	Pamphlets, brochures, training aids

(K) Public participation. The town will run a “public notification ad” in Avery Journal-Times published in Newland, North Carolina. Once the ad has been published, a copy of the ad and/or affidavit will be forwarded to the PWSS to be added to the supporting documents. The ad will read as follows:

Public Notice to All Banner Elk Water Customers

The town is pleased to announce that a draft copy of our wellhead protection plan (WHPP) will be available from March 20 through April 10 for your review and comment at the Town Hall, Banner Elk, Phone: (828) 898-5398. The plan is designed to assist in safeguarding groundwater quality within Banner Elk wellhead protection areas. All comments deemed substantive will be considered for inclusion in the WHPP.

Rick Owen, Town Manager

Town of Banner Elk

(L) New public water supply wells. The town will amend its wellhead protection plan to include any new well(s) added to its water system. The following steps will be taken to address any new wells added to the water system.

(1) Develop a preliminary WHPA for the proposed well to determine the area of vulnerability;

(2) Develop a contaminant source inventory for the preliminary WHPA;

(3) Information obtained in subsections (1) and (2) above will be submitted to the Wellhead Protection Committee (WPC). Any information required by the Public Water Supply Section (PWSS) relating to the development and construction of new public water supply (PWS) wells must also be submitted;

(4) If the WPC grants provisional approval of the proposed wellhead protection plan, and the PWSS grants approval to construct or expand the PWS well or well system, then work may proceed with well construction;

(5) Finalize the WHPA delineation for the new well;

(6) Finalize the contaminant source inventory for the WHPA;

(7) Submit finalized WHPA and contaminant source inventory to the WPC;

(8) Once approval is received, implement any necessary regulatory and or non-regulatory potential source management practices; and

(9) Submit the amended WHP Plan and all necessary supporting information to the public water supply section for review and approval.

(M) Future wellhead protection. The town is aware that an effective local wellhead protection (WHP) program is an ongoing process requiring monitoring of the wellhead protection areas (WHPA) and periodic review and updating of an approved WHP plan. Therefore, the town’s WPC will monitor the wellhead protection area (WHPA) for any new or previously unidentified potential contaminant sources (PCS’s) and activities occurring within the approved WHPA. The town will amend the PCS inventory and other plan components (such as, the management strategies, emergency contingency plan, and the like) as necessary to incorporate any new threats to the systems groundwater source of drinking water. Additionally, the PCS inventory will be updated annually using the same procedures used to develop the original PCS inventory. The town will also fully update the WHP plan every five years or at any time a new well is constructed for use with the water supply system or a major land use change occur within a WHPA. The individual responsible for implementation of the WHP plan will submit notification to the public water supply section annually upon completion of the PCS inventory update or immediately following the completion of a major revision. Any amended or revised sections of the approved WHP plan resulting from an update or revision will also be submitted upon completion.

Appendix

References

North Carolina Department of Environmental Quality, Division of Water Quality, UST Section, Groundwater Section, Asheville Regional Office Files

Heath, Ralph C, Johnson, M. Gale. (2003). The North Carolina Wellhead Protection Program Guide. North Carolina Public Water Supply Section

Glossary of acronyms and abbreviations

SWAP:	Source Water Assessment and Protection
EPA:	Environmental Protection Agency
DWQ:	Division of Water Quality
UST:	Underground Storage Tank
AST:	Aboveground Storage Tank
VOC:	Volatile Organic Compound
SOC:	Semi-Volatile Organic Compound
NCDEH:	North Carolina Department of Environmental Health
PWS:	Public Water Supply
PWSS:	Public Water Supply Section
NCDEQ:	North Carolina Department of Environmental Quality
WPC:	Wellhead Protection Committee
WHPP:	Wellhead Protection Program
WHPA:	Wellhead Protection Area
Gpm:	gallons per minute
GPD:	gallons per day
Ppm:	parts per million
Ppb:	parts per billion
CAP:	Corrective Action Plan
NOV:	Notice of Violation
PCS:	Potential Contamination Source
DWM:	Division of Waste Management
NPDES:	National Pollutant Discharge Elimination System
SPCC:	Spill Prevention Control and Countermeasures
UIC:	Underground Injection Control
DEACS:	Division of Environmental Assistance and Customer Service

Pollution Incident Summary

Incident:	#28220 and #28912
Address:	379 Shawneehaw Avenue Banner Elk, NC 28604
Owner and Operator:	The Pantry, Inc. PO Box 8019 Gary, NC 27512 Phone: (919) 774-6700
Property Owner:	Charles Von Canon PO Box 66 Banner Elk, NC 28604

In April 2004, a release from piping dispensers was detected from the UST system (three, 10,000 gallon tanks) at The Pantry 250. A limited site assessment was completed for this site and it was given a risk classification of high by DENR UST Section. Monitoring wells sampled at the site indicated levels of benzene and lead above the 2L standard. Toluene was detected in one monitoring well but was not above the 2L standard.

In December of 2010, an unknown quantity of release from spill buckets was discovered at The Pantry 250. A limited site check report was received by the UST Section in the Asheville regional office on 1/26/2011. According to a letter from the UST Section, the site was reclassified as intermediate on 5/25/2011. Information provided indicates it is unlikely that the contamination will affect the water supply wells due to the influence of the Shawneehaw Creek.

Potential Contamination Sources by Risk Category

Higher Risk Potential Contamination Sources for Ground Water PWS Systems

COMMERCIAL/INDUSTRIAL

Automobile body shops

Gas stations

Repair shops

Chemical /petroleum processing/storage

*Sewer lines

Utility right-of-way/pesticide use

Chemical/petroleum pipelines

Wood/pulp/paper processing and mills

Dry cleaners

Electrical/electronic manufacturing

Fleet/trucking/bus terminals

Furniture repair/manufacturing

Home manufacturing

Junk/scrap/salvage yards

Machine shops

Metal plating/finishing/fabricating

Mines/sand or gravel excavations

Parking lots/malls (>50 spaces)

Photo processing/printing

Plastics/synthetics producers

Research laboratories

OTHER

Road salt storage areas

Military installations (for classified risks not otherwise listed)

AGRICULTURAL/RURAL

Farm machinery repair

Rural machine shops

*Intensive livestock operations; lagoons, spray fields

Fertilizer, pesticide, and petroleum storage, distribution, handling, mixing, and cleaning areas

*Sewage sludge (biosolids) storage, handling, mixing and cleaning areas

*Sewage sludge (biosolids) land application

Unauthorized/illegal disposal of wastes/chemicals

RESIDENTIAL/MUNICIPAL

Airports - maintenance/fueling areas

Railroad yards/maintenance/fueling areas

Landfills/dumps

Utility stations - maintenance areas

Septic systems - high density (>1/acre)

Sewer lines

Stormwater drains/discharges

Fertilizer, pesticide, sewage sludge

Notes:

1. This is a list of potential sources of contamination not a list of town databases of contaminants.

2. Higher risk potential contaminant sources are considered to have a higher potential for drinking water contamination than those designated moderate risk or lower risk facility-specific management practices are not taken into account in estimating risks and assigning these categories.

3. An asterisk [*] indicates activities that may be associated with microbiological contamination.

Moderate Risk PCSs

COMMERCIAL/INDUSTRIAL

Car washes

Cement/concrete plants

Food processing

Hardware/lumber/parts stores

AGRICULTURAL/RURAL

Auction lots

Boarding stables

Crops, irrigated (berries, Christmas trees, hops, mint, orchards, vineyards, nurseries, greenhouses, vegetables, sod) condominiums

NOTE: Drip-irrigated crops are considered lower risks.

Drinking water treatment plant residuals/sludge application

RESIDENTIAL/MUNICIPAL

Drinking water treatment plants

Golf courses

Housing - high density (>1 house/. 5 acres)

Motor pools

Parks

Waste transfer/recycling stations

Wastewater treatment plants collection stations

OTHER

Above ground storage tanks

Construction/demolition areas

Hospitals

Transportation corridors

Freeways/state highways

Railroads

Right-of-way maintenance

Lower Risk PCSs

COMMERCIAL/INDUSTRIAL

Office buildings/complexes

RV/mini storage

AGRICULTURAL/RURAL

Crops, non-irrigated (grains, grass seeds, hay)

*Rangeland

Managed forests/silviculture

RESIDENTIAL/MUNICIPAL

Apartments

Campgrounds/RV parks

Fire stations

Schools

Housing - low density (< 1 house/. 5 acres)

OTHER

Medical/dental offices/clinics

Veterinary offices/clinics (herbicide use areas)

Irrigation, water supply, or monitoring wells

SOURCE: Adapted from EPA (1993), and from the Oregon Wellhead Protection Program

Banner Elk WHPA

(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 314)

§ 152.035 MOBILE FOOD TRUCKS.

(A) Intent. It is the town’s intent to remain proactive in new and innovative ways of serving the public while providing for proper places for these innovations to occur within zoning districts so as to protect the peace, well-being, harmony and atmosphere of the town. The use of food trucks is an appropriate use in some areas of the town and its extra-territorial jurisdiction in certain districts and upon the compliance with certain conditions as set forth herein. The town would like to allow for their use in certain zoning districts in the corporate limits, as well as its ETJ, along with certain conditions.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CO-OP ADVERTISING. Advertisement attached to or part of a vehicle that advertises any thing other than the principal use and business of the vehicle.

FOOD TRUCK. A licensed, motorized vehicle or mobile food unit that is placed upon any premises within the town for the purpose of selling food items to the general public.

IMPROVED INDIVIDUAL PARCEL/MOBILE FOOD SITE. Any improved individual parcel where mobile food vending is permitted to occur.

MOBILE FOOD VENDING. Commercial food service sales conducted through use of a food truck.

(1) Food trucks may operate as a permitted use within the C-2, C-1P, C-1, M-E and G-O Zoning Districts only upon compliance with all requirements of this section.

(2) All persons wishing to operate a food truck must provide to the town written permission of the property owner to park and operate upon those premises.

(3) Operation of a food truck shall only occur upon a paved parking area. The location of a food truck must be at least ten feet from the edge of any property lines or right-of-way in relation to the property, unless the adjoining property owner agrees to a lesser limit.

(4) All food trucks shall be connected to a permanent power source. The use of electric generators in relation to mobile food vending is prohibited, unless operating on town owned property during special events.

(5) Food trucks shall locate trash receptacles and any other amenities being offered within ten feet of the truck. Vendors shall remove any items placed by them upon leaving each night. No outdoor storage shall be allowed. Trash shall be removed each night and town trash receptacles shall not be used by a mobile food vendor for purposes of waste disposal.

(6) Food trucks shall not be allowed to use amplified speakers, microphones or bullhorns as part of their mobile food vending.

(7) All mobile food vendors shall obtain and maintain a permit from the county’s Health Department and keep such posted in a conspicuous place during hours of operation.

(8) Free-standing, temporary, sandwich board signage. Co-op advertising is prohibited unless coop advertising is related to the nature of the items the food truck is using and selling.

(9) The hours of operation for a food truck shall be limited to the hours between 6:00 a.m. and 11:00 p.m. Food trucks may not remain after hours upon the premises unless registered to participate in a special event recognized by the town, or owned and operated on the premises of an existing restaurant.

(10) Food trucks are not allowed within 50 feet of the main entrance of a restaurant during business hours unless they are operating as an extended part of that same restaurant, or with written permission from the restaurant owner.

(11) Food trucks are not allowed within ten feet of a fire hydrant or fire escape. Food trucks shall not be allowed to block driveways, sidewalks, utility boxes, handicap ramps, access to loading/service areas, emergency access or fire lanes, building entrances or exits, tree trunks or parking spaces. Food trucks may park in shared parking spaces if said spaces are not required to meet the minimum requirements of the zoning ordinance. Written permission from property owner allowing parking spaces to be used in this manner shall be provided to the town before the arrival of a food truck.

(12) Operators must be present at all times during hours of operation.

(13) A food truck shall not operate as a drive-through window.

(14) No mobile food vending shall cause parking problems, traffic congestion, litter problems, or be used in a manner which creates a danger to public health or safety.

(D) Violations. The penalty for violation of this section shall be as set forth in § 152.999 of this chapter.

(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 316; Ord. passed 8-8-2022)

Banner Elk City Zoning Code

APPLICATION OF

REGULATIONS

§ 152.020 USE.

(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 300)

§ 152.021 HEIGHT AND DENSITY.

No building shall hereafter be erected or altered so as to exceed the height limit, or to exceed the density regulations of this chapter for the district in which it is located.

(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 301)

§ 152.022 LOT SIZE.

(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 302)

§ 152.023 YARD USE LIMITATIONS.

(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 303)

§ 152.024 ONLY ONE PRINCIPAL BUILDING OR PRINCIPAL USE ON ANY LOT.

(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 304)

§ 152.025 REQUIRED ROAD ACCESS.

(1) Vehicles can enter and exit from the property in question without posing any substantial danger to themselves, pedestrians or vehicles traveling on abutting streets;

(2) Interference with the free and convenient flow of traffic on abutting or surrounding streets is minimized;

(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 305)

§ 152.026 ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES.

(A) Districts. For the purpose of this chapter, the town and its extraterritorial jurisdiction is hereby divided into the following designated districts:

(1) R-1, Low-Density Residential District;

(2) R-1-U, Single-Family Residential District;

(3) R-2, General Residential District;

(4) C-1, Central Business District;

(5) C-1P, Central Business District with Parking;

(6) HDO, Heritage District Overlay;

(7) C-2, General Business District;

(8) RC, Resort Commercial District;

(9) G-O, Governmental-Office District;

(10) M-E, Medical Educational District;

(11) M-1, Industrial District;

(12) M-U, Mixed Use District;

(13) CUD, Conditional Use District; and

(14) CZD, Civic Zoning District.

(2) Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be said boundaries.

(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 306)

§ 152.027 INTENT.

(D) R-2, General Residential District. The R-2 General Residential District is established as a district in which the principal use of land is for residential purposes.

(J) M-1, Industrial District. This district is established to provide areas for manufacturing, warehousing and similar uses.

(P) Wellhead Protection Overlay District. See § 152.034 of this chapter.

(Ord. passed 3-14-2005; Ord. passed 7-13-2009; Ord. passed 9-14-2015; Ord. passed 10-10-2016; Ord. passed 12-12-2016; Ord. passed 3-14-2019, § 307)

§ 152.028 USES BY DISTRICT.

(A) Permitted and special uses.

RESIDENTIAL

Uses

R-1

R-1-U

R-2

M-U

C-1

C-1P

C-2

M-E

G-O

CUD

CZD

Accessory buildings or structures

Accessory dwelling/apartment

Bed and breakfast inns

Bed and breakfast homes

Bed and breakfast village

Cluster subdivisions

Family care home

Farms and related agricultural uses

Greenhouses, non-commercial

Halfway house2

Home occupations

Manufactured home parks

Manufactured homes on individual lots - doublewide

Modular home

Multi-family dwellings (apartments, condominiums, townhouses, duplexes and the like), not exceeding four dwelling units per building

Planned residential and craft developments

Planned residential developments

Single-family dwellings - detached

NOTES TO TABLE:

(-) Not permitted

(P) Permitted by right

(S) Special; see §§ 152.185 through 152.190 and 152.205 through 152.229 of this chapter for additional requirements

1 Developed in accordance with the dimensional standards of the R-2 District

2 Pursuant to G.S. § 160D-907 shall not be located within 1/2 mile of another facility of like manner

OFFICE, INSTITUTIONAL AND GOVERNMENT FACILITIES

Use

R-1

R-1-U

R-2

M-U

C-1

C-1P

C-2

M-E

G-O

CUD

M-l

CZD

Accessory uses to medical and educational facilities: pharmacies, snack bars, rental/sale of medical supplies, florist and gift shops, not to exceed 25% of total floor area

Airports

Animal hospital or veterinary clinic, excluding open kennels on the premises

Assembly halls, gymnasiums and similar structures as the principle use

Assisted living residences; residential care facilities

Assisted living facilities; residential care facilities

Banks and financial institutions

Cemeteries

Civic organizations, lodges and fraternal organizations

Colleges, vocational and trade schools

Community centers

Dormitories; student staff housing under direct supervision of college/residential child care institutions

EMS

Fire and police stations

Funeral homes

Golf course, with or without associated country club

Golf or baseball driving ranges, miniature golf

Government buildings and land (excluding correction centers and jails), including public utility buildings and facilities

Hospitals, medical clinics and offices (not to include drug or alcohol treatment facilities)

Incubator

Libraries, museums and art galleries

Memorial gardens

Music and dance studios

Newspaper offices and printing plants incidental to such offices

Offices - business, professional and public (including doctors, dentists and the like)

Private kindergartens or day care

Public parks with associated facilities such as playgrounds, swimming pools

Religious institutions

Schools - public elementary, junior high and high schools, including private schools having a similar curriculum

NOTES TO TABLE:

(-) Not permitted

(P) Permitted by right

(S) Special; see §§ 152.185 through 152.190 and 152.205 through 152.229 of this chapter for additional requirements

RETAIL AND SERVICE

Use

R-1

R-1-U

R-2

M-U

C-1

C-1P

C-2

M-E

G-O

CUD

M-l

CZD

Accessory uses and structures located on the same lot as main structure

Accessory solar energy collection system, small scale

Accessory solar energy collection system, utility scale

Antique and consignment shops

Appliance sales and service, electrical repair no outside storage

Auto sales

Bakery (sold on premise)

Bicycle sales and repair

Billiard and pool halls

Bowling alleys

Brewery, brew pub, craft brewery, microbrewery

Building supply stores, building specialty shops, and equipment sales; not to exceed 50,000 sq. ft.

Bus terminals

Car wash

Coffee shops and dairy bars

Commercial campgrounds

Convenience store, without gas sales

Convenience store with gas sales

Distillery

Dry cleaning, laundry services, tailor (pick-up only)

Farm machinery assembly, sales and repairs

Feed and seed stores

Fitness centers

Food trucks

Florist

Gift/novelty shop

General merchandise stores - less than 10,000 sq. ft.

General merchandise retail stores 10,000 - 50,000 sq. ft.

General merchandise retail stores - 50,000 sq. ft. or more

Greenhouse, commercial

Grocery stores (no wholesale)

Gunsmith

Hotels, condominium hotel, retail stores and ancillary uses to a hotel, conference facility, health club and day spa

Hydroelectric power

Locksmith

Manufactured home/ building sales

Medical supply stores

Miniature golf course

Mobile sales and rentals

Monument sales

Motels

Office supply and equipment - sales and service

Parking lot (as principle use)

Pawn shops

Personal care services - hair, nails, tanning, weight loss

Pharmacy

Photographic studios and camera supply store

Planned commercial developments

Pre-form metal structures

Radio and television stations, studios, offices

Recreational vehicle park

Restaurants - carry-out, delivery (drive thru excluded)

Restaurants - drive thru

Restaurants - sit down (drive thru excluded)

Skating rinks

Sexually oriented businesses

Shoe repair

Sign painting and fabricating shops

Small wireless facilities (concealed)

Spa

Tattoo parlor

Taxi service

Telecommunications Structures

Theaters, indoor

Wind energy system

Winery

- .

MANUFACTURING AND INDUSTRIAL

Use

R-1

R-1-U

R-2

M-U

C-1

C-1P

C-2

M-E

G-O

CUD

M-l

CZD

Automobile wrecking, junk and salvage yards

Bottling plants

Brewery, brew pub, craft brewery, microbrewery

Cold storage and freezer lockers

Contractors offices, including sheet metal, machine, roofing, plumbing, heating and air conditioning, but excluding open storage

Dairy bars and ice cream manufacturing

Distillery

Equipment machinery repair and service

Fabricating shops less than 10,000 sq. ft., such as woodworking, cabinet and upholstery shops

Food manufacturing

Lumber yards, building materials storage

Manufacturing establishments whose manufacturing operations are wholly and permanently conducted within an enclosed building and are of a non-polluting nature

Material recovery site

Municipal maintenance facilities

Printing, publishing and reproducing establishments

Propane filling station for retail purposes

Public utility lines and transformer stations, transmission towers, water tanks and towers with storage in cabinets or buildings

Radio and television towers

Recycling center/refuse collection facilities

Tire recapping

Trucking terminals

Water treatment laboratories

Wholesale storage for oil, fuel and gasoline

Wholesale and warehousing establishments, except for the storage of dangerous or offensive items such as uncured hides, explosives, oil, gasoline and the like

Winery

NOTES TO TABLE:

(-) Not permitted

(P) Permitted by right

(S) Special; see §§ 152.185 through 152.190 and 152.205 through 152.229 of this chapter for additional requirements

(B) Dimensional requirements by district.

District	Minimum Lot Size (sq. ft.)	Minimum Setback Requirements			Impervious Surface* (% of usable area under 29% slope)	Max. Height (feet)
District	Minimum Lot Size (sq. ft.)	Front (feet)	Side (feet)	Rear (feet)	Impervious Surface* (% of usable area under 29% slope)	Max. Height (feet)
G-O	-	20	10	10	60 to 90h	35
CZD	-	20	10	10	60 to 90h	35
HDO	g	g	g	g	NA	35
R-1	20,000a 15,000b 10,000c	20	10	10	40e	35
R-1-U	20,000a 15,000b 10,000c	20	10	10	45e	35
**R-2	20,000a 15,000b 10,000c	20	10	10	45e	35
M-U	NA	30	15	20	70e	35
C-1	-	d	d	d	80 to 90e	35
C-1P	-	d	d	d	80 to 90e	35
C-2	10,000	30	15	20	60e	35
M-E	40,000	35	20	25	60	35
RC	20,000a 15,000b 10,000c	f	f	f	50	35
M-I	40,000	35	20	25	60	35
NOTES TO TABLE: * For maximum percentage of impervious surfaces, see division (C) below ** Multi-family units are limited to 4 units per building (quadraplex) (1) All corner lots shall have an additional width of 10 feet (2) Where a side yard abuts a street, the setback requirements for said side yard shall be the same as the front yard setback requirements for abutting property on the side street (3) 30% of pervious surface calculation may be other materials that are pervious, remaining 70% must be natural green plantings.
(a) Refer to division (A) above for multi-family as a special use
(b) Lots which are served by a public or community water system, but no public or community sewer system: Each single-family unit shall require the minimum lot size. The first multi-family unit permitted shall require the minimum lot area for the district in which it is located, plus an additional 5,500 square feet for each additional multi-family unit
(c) Lots which are served by a public or community water and sewer system: Each single-family unit shall require the minimum lot size. The first multi-family unit permitted shall require the minimum lot area for the district in which it is located, plus an additional 4,000 square feet for each additional multi-family unit
(d) No front, side or rear yard shall be required, except as follows: (i) Where the lot abuts a street, a 10-foot setback shall be provided from the edge of the adjacent street (ii) Where a side or rear yard is provided, the width of such yard shall be not less than 4 feet (iii) Where the lot abuts upon property zoned for residential use a densely planted buffer strip shall be provided and maintained along the side and/or rear lot line of such abutting residential property. Such buffer shall not be less than 8 feet in depth along the full length of the abutting lot line and shall be composed of evergreen trees or shrubs, which at maturity will not be less than 8 feet in height
(e) The total impervious surface on any parcel shall not exceed 90% of the total square footage of the lot in the C-1, C-1P and G-O Districts and shall not exceed 45% of the total square footage of the lot in R-1, R-1-U and R-2 Districts. In the event that on site engineered storm water facilities, which capture the first inch of rain are presented as a function of the development project, the amount of impervious surface can be 90% of the lot in the C-1P, C-1 and 70% in the M-U Districts only, and then only upon a recommendation from the Planning Board and approval of a special use permit by the Board of Adjustments
(f) The minimum lot size for an RC development shall be 8 acres; provided that, within such development all uses allowed as permitted uses and special uses shall conform to the area and dimensional requirements in the R-2 District. All special uses shall conform to the 8-acre minimum and shall conform to the R-2 dimensional setbacks along the exterior boundary of the property
(g) Buildings constructed within the Heritage District Overlay shall have a maximum front building setback of 35 feet; other dimensional requirements of the underlying district apply
(h) 60% to 90% for properties dedicated to providing emergency or civil services in a governmental capacity may waive this requirement if deemed essential for their operation

Zoning District	Average Natural Slope of Parcel by Acre
	Under 20%	21% to 30%	31% to 40%	41% to 50%	Over 51%
	Maximum Allowable Percent of Impervious Surfaces/Dwelling Units Per Acre of Land Including the Removal of Active Recreation Area, Section 312
R-1	40%	35%	30%	25%	Geotechnical engineer required
R-2 R-1-U	45%	40%	35%	30%	Geotechnical engineer required
C-1 C-1P	80% to *90%	75%	70%	65%	Geotechnical engineer required
C-2	60%	55%	50%	45%	Geotechnical engineer required
G-O	60% to *90%	55%	50%	45%	Geotechnical engineer required
M-E	60%	55%	50%	45%	Geotechnical engineer required
CZD	60% to *90%	55%	50%	45%	Geotechnical engineer required
M-U	70%	65%	60%	55%	Geotechnical engineer required
RC	50%	45%	40%	35%	Geotechnical engineer required
NOTES TO TABLE: -The percentage of the slope is to be determined for the whole acreage of a parcel. -A bond must be posted as a guarantee for any improvements proposed to be dedicated to the town; contact the Zoning Administrator for more details * Up to 90% for properties dedicated to providing emergency or civil services in a governmental capacity may waive this requirement if deemed essential for their operation -30% of pervious surfaces may be pervious materials such as permeable pavers, turf block, artificial turf. The remaining 70% must be natural green planting, i.e. grass, flower beds.