Banner Elk City Zoning Code
EXCEPTIONS AND
MODIFICATIONS
§ 152.185 COMPLIANCE REQUIRED.
Compliance with the requirements of this chapter is mandatory; except that, under the specific conditions enumerated in the following sections, the requirements may be waived or modified as so stated.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 800)
§ 152.186 GASOLINE SERVICE OR FILLING STATIONS.
The following regulations shall apply to all gasoline service or filling stations.
(A) All buildings shall be located at least 40 feet from any street right-of-way line.
(B) Gasoline pumps and other service facilities shall be located at least 15 feet from any street right-of-way line or 20 feet from the edge of the road, whichever is greater.
(C) Accessory canopy structures may be permitted in the front or side yard area; provided, the structure shall be located at least ten feet from any street right-of-way line or 15 feet from the edge of the road, whichever is greater. The eaves of said structure shall not extend more than three feet into the required setback. Any signs attached to any accessory canopy structure shall conform to §§ 152.105 through 152.118 of this chapter.
(D) All service, storage or similar activities shall be conducted entirely on the premises.
(E) All major repair work, if any, shall be conducted within a completely enclosed building.
(F) Open storage of wrecked or inoperable vehicles, discarded tires, auto parts or similar material shall not be permitted.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 804)
§ 152.187 MANUFACTURED/MOBILE BUILDINGS AND MANUFACTURED HOMES.
It shall be unlawful for any person to park or locate, place, maintain or use any manufactured/mobile building, manufactured home, or double-wide manufactured home within the corporate limits of the town and its extraterritorial jurisdiction, except as follows:
(A) Manufactured/mobile buildings.
(1) Mobile buildings may be permitted as a temporary use structure as defined in § 152.010 of this chapter.
(2) A double-wide mobile/modular unit as defined in § 152.010 of this chapter is permitted as a non-residential structure.
(4) The structure while at the site shall be placed on a permanent, enclosed, masonry foundation, with the wheels and pulling tongue removed.
(B) Manufactured homes.
(2) A double-wide manufactured home may be permitted as a conditional use in accordance with § 152.028 of this chapter when used exclusively for a single-family dwelling unit and when placed on a building site which conforms with the area and setback requirements of the zoning districts in which it is proposed to be located. The double-wide manufactured home shall also conform to the standards and conditions specified in §§ 152.218 and 152.269 of this chapter.
(3) The structure shall be placed on a permanent, enclosed, masonry foundation, with the wheels and pulling tongue removed.
(Ord. passed 3-14-2005; Ord. passed 7-14-2008; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 805)
§ 152.188 SUBDIVISIONS IN PLANNED DEVELOPMENTS.
Subdivisions of land within a Planned Residential Development (PRD) and a Planned Residential-Craft Development (PRCD) may be permitted; provided, the following standards and requirements are met.
(A) The provisions of Ch. 151 of this code of ordinances for minimum lot area and dimensional requirements may be waived; provided, the applicant for the planned development shall submit a preliminary plat for approval with the planned development plans and supporting documentation.
(B) The preliminary subdivision plat, submitted with the plans and documentation for the planned development shall be reviewed in accordance with the procedures and requirements in §§ 151.24 and 151.25 of this code of ordinances. Except as otherwise provided, the improvements and minimum requirements of the ordinance shall substantially conform to §§ 151.31 and 151.45 through 151.47 of this code of ordinances. The Planning Board and Town Council may require that other provisions of Ch. 151 of this code of ordinances apply to the proposed subdivision, including §§ 151.06, 151.07 and 151.99 of this code of ordinances.
(C) No subdivision of land within a planned development shall be permitted until said development is completed, or until an approved scheduled phase of the development is completed. A final plat approval of the lots or tracts to be subdivided is required prior to the sale of any parcels from the completed development or a completed scheduled phase.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 807)
§ 152.189 CLUSTER SUBDIVISIONS.
Cluster subdivisions may be permitted in the R-1 and R-2 Zoning Districts in accordance with the provisions of this section and the requirements of Ch. 151 of this code of ordinances.
(A) Location and permitted uses. Cluster subdivisions are permitted in the R-1 and R-2 Districts. Within a cluster subdivision, permitted uses are limited to the specific permitted uses allowed in the district where the subdivision is located.
(B) Minimum size of cluster subdivision. The minimum size of a cluster subdivision shall be five acres, exclusive of any street rights-of-way.
(C) Minimum lot size and dimensional requirements. Within an approved cluster subdivision, the minimum lot size and dimensional requirements of Ch. 151 of this code of ordinances and this chapter are waived, provided all provisions for open space dedication and the required approvals of water and sewer systems conform with the requirements of all applicable codes, ordinances and policies. A minimum setback of 15 feet shall be established along the exterior perimeter of the cluster subdivision.
(D) Open space requirements.
(1) A minimum amount of permanent open space shall be provided in any cluster subdivision in an amount equal to or greater than the total square foot reduction in all lots, but in no case less than one contiguous acre. The open space shall be dedicated for open space use, owned and maintained by a property owners association. An instrument providing for the dedication, ownership and maintenance of the open space shall be submitted with the preliminary plat. In calculating open space requirements, a cluster subdivision may use a maximum of 50% of the following areas or uses:
(a) Required setbacks;
(b) Lakes or ponds;
(c) Rock outcrops; and
(d) Slopes exceeding 40%.
(2) The required open space area shall be located on land contiguous to and geographically situated within the subdivision. The required open space is in addition to the active recreation area described in § 152.032 of this chapter.
(E) Utilities. Cluster subdivisions are required to have access and utilize water and sewer service from the town; provided, however, where town water and/or sewer service is not available, individual or community systems may be approved by the Planning Board and Town Council provided the systems are designed and approved by the appropriate agency prior to the submission of a preliminary plat.
(Ord. passed 3-14-2005; Ord. passed 4-9-2007; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 808)
§ 152.190 HOME OCCUPATIONS.
(A) Intent. It is the intent of this chapter to recognize and permit home occupations as limited non- residential business activities in the R-1, R-1-U, R-2 and M-U Zoning Districts and to regulate such activities. In this regard, home occupations shall be regulated in order to ensure compatibility with other uses permitted in residential zoning districts and to protect residential neighborhoods from potential adverse (e.g., excessive noise, traffic, nuisances, smoke, odors and the like) associated with home occupations.
(B) Permitted uses. Examples of permitted home occupations, but are not necessarily limited to, the following: accountant; appraisers; architect; artist; attorney; beauty salon (limited to one chair); barber shop (limited to one chair); bookkeeping; clock/watch repair; computer repair; consultant; seamstress; engineer; gun repair; music instruction and tutoring of voice or instrument; mailings; photography; piano teacher; professional planner; repair services; tax preparation; telephone answering service; and internet-related occupations. Uses specifically prohibited include, but are not limited to: auto and truck repair; auto sales; vehicle painting; storage of construction materials or equipment; retail or wholesale sales; eating or drinking establishments.
(C) Standards. Home occupations shall be permitted as an accessory use to a residential use in any R-1, R-2 Zoning Districts and conditional in the R-1-U and M-U Zoning Districts subject to the following requirements.
(1) A home occupation permit is required by the town. The applicant(s) shall complete and submit an application, as provided by the town, for a home occupation permit with the Zoning Administrator.
(2) Home occupation permit shall be issued only to the individual occupying the dwelling as his or her residence and conducted only by persons residing within the residence. Home occupation permits shall not be transferrable and shall terminate upon the sale of transfer of the property to a new owner.
(3) A home occupation shall be conducted wither within a dwelling (residence) and/or in the garage associated with the dwelling and shall be clearly incidental and subordinate to the principal use as a residential dwelling.
(4) Home occupations shall not occupy more than 20% of the total floor area of the dwelling and/or garage used for the home occupation.
(5) Home occupations shall comply with all local, county, state or federal regulations pertaining to the activity pursued.
(6) No alteration of the exterior of the dwelling in which the home occupation is being conducted shall be made which changes the character thereof as a dwelling.
(7) There shall be no visible evidence of the home occupation except for the provision of one home occupation sign as set forth herein. No other advertising or business signs are permitted in conjunction with the home occupation.
(8) No outdoor storage, display or sale of materials, commodities, stock in trade or equipment used in the home occupation shall be permitted.
(9) No wholesale sales of items are allowed on the premises. Retail sales are only permitted as “peer to peer” sales, such as Mary Kay, Avon, Tupperware and similar home occupations.
(10) No equipment or process shall be used in a home occupation which creates excessive noise, odor, smoke, vibration or glare or electrical disturbances detrimental to the health, safety, peace, comfort and welfare of the persons residing in the neighborhood.
(11) The home occupation shall not result in any on-street parking or trespass upon neighboring properties by clients or customers.
(12) Traffic generation associated with home occupations shall not exceed that normally generated by a residential dwelling without a home occupation.
(13) (a) No sign, other than a nameplate not more than one square foot in area, or other display that will indicate from the exterior that the building is being utilized for any purpose other than that of a dwelling and which does not alter the exterior of the property or affect the residential character of the neighborhood.
(b) Said sign shall be located next to the front entrance of the building and placed on the building.
(14) No person may be employed in the home occupation other than a member of the immediate family residing on the premises.
(15) No mechanical equipment may be used which causes a nuisance or safety hazard.
(16) No use requiring a special land use permit in any district may be utilized as a home occupation. Group homes operated on a for-profit basis and the provision for placement and care of four or fewer children who are not related within the third degree by blood, marriage or adoption to the person providing such care in a home are not considered to be home occupations.
(17) Hours of operation for the receiving of customers shall be limited to between the hours of 8:00 a.m. and 6:00 p.m., Monday through Saturday.
(18) The Zoning Administrator shall have the authority to allow a customary home occupation that is not listed above; provided, the Administrator determines that the proposed use will be in harmony with all existing and potential nearby residential uses and meets all criteria associated with the customary home occupation listed herein.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 809)