Compliance with the requirements of this subchapter is mandatory; however, under the specific conditions enumerated in the following sections, the requirements may be waived or modified as so stated.

(1989 Code, Title V, Ch. 51, Art. XII; Ord. 2021-03, passed 6-8-2021)

   The front yard setback requirements of this subchapter for dwellings shall not apply on any lot where the average setback of existing buildings located wholly or in part within 100 feet on each side of such lot within the same block and zoning district and fronting on the same side of the street is less than the minimum required setback. In such cases, the setback may be less than the required setback, but not less than the average of the setback of the aforementioned existing buildings.

(1989 Code, Title V, Ch. 51, Art. XII, § 1200; Ord. 2021-03, passed 6-8-2021)

   Nothing in this chapter shall require any change in the plans, construction or designated use of a building under construction at the date of the passage of this subchapter, provided that construction of such building is diligently pursued and the entire building is completed within 18 months from the date of passage of this subchapter. A building shall be deemed to be under construction upon the effective date of this subchapter if a building permit has been issued.

(1989 Code, Title V, Ch. 51, Art. XII, § 1201; Ord. 2021-03, passed 6-8-2021)

(1989 Code, Title V, Ch. 51, Art. XII, § 1202) (Ord. passed 4-8-1984; Ord. 2021-03, passed 6-8-2021)

   Temporary uses, such as real estate sales field offices or shelter for materials and equipment being used in the construction of a permanent structure, may be permitted by the Zoning Administrator, provided they do not create health, safety or nuisance hazards.

(1989 Code, Title V, Ch. 51, Art. XII, § 1203; Ord. 2021-03, passed 6-8-2021)

   (A)   Visual buffer. Where a commercial use is adjacent to a residential zone, the setback requirement for the commercial use shall be a minimum of 20 feet from the property line adjacent to the residential use of which ten feet shall be a buffer strip planted with evergreen shrubs or trees which shall not be less than six feet in height and no more than four feet apart at the time of planting. This planting requirement may be modified where natural buffering exists.

      (1)   A minimum 30-foot vegetative buffer is required for all new development activities along all perennial waters indicated on the most recent versions of USGS 1:24,000 (7.5 minute) scale topographic maps or as determined by Town of Beech Mountain studies. Desirable artificial streambank or shoreline stabilization along all perennial waters may be permitted through the NC Department of Environmental Quality (NCDEQ) and the US Army Corp of Engineers (USACE), as appropriate.

      (2)   For high-density developments permitted as part of a Special Intensity Allocation (SIA), a minimum 100-foot vegetative buffer is required for all new development activities along all perennial waters.

      (3)   No new development is allowed in the buffer except for water dependent structures, other structures such as flag poles, signs, and security lights, which result in only diminutive increases in impervious area, and public projects such as road crossings and greenways where no practical alternative exists. These activities should minimize built-upon surface area, direct runoff away from the surface waters and maximize the utilization of Stormwater Control Measures (SCM).

      (4)   A minimum 50-foot vegetative buffer is required from the normal pool elevation of the surface water for all new development activities adjacent to a public water supply reservoir in conformance with 15A NCAC 18C.0403(e).

      (5)   Where a stream or other surface water course exists that cannot be identified using USGS topographic maps or Town of Beech Mountain studies, then an on-site stream determination may be performed by an individual qualified to perform such stream determinations, in accordance with 15A NCAC 02B.0624.

(1989 Code, Title V, Ch. 51, Art. XII, § 1204) (Ord. passed 9-8-1993; Ord. 2021-03, passed 6-8-2021; Ord. 2025-07, passed 9-9-2025)

   Where a commercial use is located in the CS-1 or CS-2 zone, 10% of the lot area must be landscaped with shrubs, trees or flower beds. A buffer landscaped with a mix of evergreen shrubs, trees and flower beds at least five feet wide is required to be planted and maintained along the road right-of-way. 2

(1989 Code, Title V, Ch. 51, Art. XII, § 1205) (Ord. passed 4-11-1989; Ord. passed 9-10-1991; Ord. passed 6-10-1997; Ord. 2021-03, passed 6-8-2021)

   Type II group care facilities as defined in § 154.006 shall not be permitted in the Town of Beech Mountain.

(Ord. passed 5-11-2010; Ord. 2021-03, passed 6-8-2021)