Beech Mountain City Zoning Code
ESTABLISHMENT OF
ZONING DISTRICTS AND MAP
§ 154.070 GENERAL USE DISTRICTS.
Each district described below constitutes a General Use Zoning District. Each General Use District category serves a different purpose and imposes its own set of requirements and restrictions on the use of land in addition to the general requirements and restrictions imposed on all land or uses within the planning jurisdiction. A General Use District may be layered with an Overlay District.
(A) Each district described below constitutes a General Use District.
(1) Low Density Single-Family Residential District (R-1). The Low Density Single-Family Residential District is primarily intended to provide locations for low density residential and related type development in areas where more intense development is not practical. These areas are not likely to have public water and sewer services available and are located away from the main developed area of Beech Mountain. The minimum required lot area will be 40,000 square feet unless additional land is required for adequate sewage disposal.
(2) Single-Family Residential District (R-2, R-2A).1 The Single-Family Residential District is primarily intended to provide locations for single-family residential and supporting uses in areas where public water and sewer services are available or will likely be provided in the future. This district is further intended to protect existing single-family subdivisions from encroachment of incompatible land uses and thus does not allow mobile homes or mobile home parks. This district will be applied within those areas designated on the Land Use Plan as Single-Family Residential and platted as single-family residential subdivisions.
(3) Multi-Family High Density Residential District (R-3A and R-3B). These districts are intended for a variety of residential uses, including single-family houses, duplexes and multi-family buildings and developments, depending upon the availability of public water and sewer services. Some areas within these districts may not have adequate water and sewer services available for the higher densities and will thus be suitable for single-family residential units. Other areas within these districts will have adequate public water and sewer service available and will thus be suitable for higher density uses such as multi-family residential units and Planned Unit Developments. These districts also provide for various recreational and community service uses that will complement the residential development. These districts will be applied within those areas designated on the Land Use Plan as Multi-Family Residential, R-3A and R-3B.2, 3
(4) Commercial Service Districts (CS-1 and CS-2). The Commercial Service Districts (CS-1) (CS-2) are primarily intended to provide suitable locations for clustered commercial development, to encourage the concentration of commercial activity in those specified areas with access to major traffic arteries, and to discourage strip commercial development. These districts will usually be applied to existing commercial developments on sites within areas designated on the Land Use Plan as Commercial Service Centers. These districts may also be applied to suitable areas adjacent to existing commercial concentrations to allow for their expansion. CS-2 shall be contiguous to other commercial zones.
(5) Private-Public Service District (PS and PS-C). The Private-Public Service District (PS) is primarily intended to be an area containing a concentration of private and public service activities such as schools, recreation parks and emergency services, amidst population centers. This district will apply to those areas designated on the Land Use Plan as Private-Public Service Centers.
(6) Beech Mountain Resort District (BMR). The Beech Mountain Resort District (BMR) is primarily intended to be an area used as a ski resort, theme park or similar recreational area. This district is further intended for activities related to such use.4
(7) MH Mobile Homes;5
(8) MP Memorial Park.
(1989 Code, Title V, Ch. 51, Art. VII, § 700) (Ord. passed 2-9-1999; Ord. passed 11-5-2002; Ord. passed 2-5-2007; Ord. passed 11-9-2010; Ord. 2021-03, passed 6-8-2021)
Editor’s note:
1 Added by amendment July 1, 1995.
2 R3-A and R3-B amended July 27, 1988.
3 District R3 Deleted September 11, 2006.
4 District created by February 9, 1999.
5 District added by amendment November 5, 2002.
6 District added by amendment November 5, 2007.
§ 154.071 OVERLAY DISTRICT.
(A) Overlay Districts will impose additional restrictions on top of the existing requirements of the underlying General Use District.
(B) Each district described below constitutes an Overlay District.
(1) Buckeye Creek Water Supply Watershed WS II. WS II is an overlay district as shown on the official Zoning Map primarily intended to maintain a predominantly undeveloped land use intensity pattern. Single-family uses, where permitted, shall be allowed at a maximum of one dwelling unit per acre on a project by project basis. All other residential and non-residential development shall be allowed a maximum of 12% built-upon area, where permitted. In addition, commercial uses may occupy 5% of the balance of the watershed with a 70% built-upon area when approved as a special, non-residential intensity allocation (SNIA). The Zoning Administrator is authorized to approve SNIA’s consistent with the provisions of this chapter. Projects must minimize built-upon surface area, direct storm water away from surface waters and incorporate Best Management Practices to minimize water quality impacts. 1 Landfills and sites for the land application of residuals or petroleum-contaminated soils are prohibited in the district. No activity, situation, structure or land use shall be allowed within the WS-II and WS-II-C water supply watersheds which poses a threat to water quality or the public health, safety and welfare. Such conditions may arise from (for example) inadequate on-site sewage systems, inadequate sedimentation and erosion control measures, the improper storage or disposal of junk, trash or other refuse within a buffer area, the improper management of storm water runoff or any other situation found to pose a threat to water quality. 2
(2) Buckeye Creek Water Supply Watershed Critical Area WS II C. WS II C is an overlay district as shown on the official Zoning Map intended to maintain a predominantly undeveloped land use pattern. Because of the district’s proximity to a water supply intake, single-family uses, where permitted, shall be allowed at a maximum of one dwelling unit per two acres on a project by project basis. All other residential and non-residential development shall be allowed a maximum of 6% built-upon area where permitted. 3 Landfills and sites for the land application of residuals or petroleum-contaminated soils are prohibited in the district. No activity, situation, structure or land use shall be allowed within the WS-II and WS-II-C water supply watersheds which poses a threat to water quality or the public health, safety and welfare. Such conditions may arise from (for example) inadequate on-site sewage systems, inadequate sedimentation and erosion control measures, the improper storage or disposal of junk, trash or other refuse within a buffer area, the improper management of storm water runoff or any other situation found to pose a threat to water quality. 4
(3) Pond Creek Water Supply Watershed Critical Area WS-II-C. WS-II-C-is an overlay district as shown on the official Zoning Map primarily intended to maintain a predominantly undeveloped land use intensity pattern. Because of the district's proximity to a water supply intake, single-family uses, where permitted, shall be allowed at a maximum of one dwelling unit per two acres on a project by project basis. All other residential and non-residential development shall be allowed a maximum of 6% built-upon area where permitted. Landfills and sites for the land application of residuals or petroleum contaminated soils are prohibited in the district. No activity, situation, structure or land use shall be allowed within the WS-II and WS-II-C water supply watersheds which pose a threat to water quality or the public health, safety, or welfare. Such conditions may arise from (for example) inadequate on-site sewage systems, inadequate sedimentation and erosion control measures, the improper management of stormwater runoff or any other situation found to pose a threat to water quality.
(4) Pond Creek WS-II. WS-II is an overlay district as shown on the official Zoning Map primarily intended to maintain a predominantly undeveloped land use intensity pattern. Single-family uses, where permitted, shall be allowed at a maximum of one dwelling unit per acre on a project by project basis. All other residential and non-residential development shall be allowed a maximum of 12% built-upon area, where permitted. In addition, commercial uses may occupy 5% of the balance of the watershed with a 70% built-upon area when approved as a special, non-residential intensity allocation (SNIA). The Zoning Administrator is authorized to approve SNIA's consistent with the provisions of this chapter. Projects must minimize built-upon surface area, direct storm water away from surface waters and incorporate best management practices to minimize water quality impacts. Landfills and sites for the land application of residuals or petroleum-contaminated soils are prohibited in the district. No activity, situation, structure or land use shall be allowed within the WS-II and WS-II-C water supply watersheds which pose a threat to water quality or the public health, safety and welfare. Such conditions may arise from (for example) inadequate on-site sewage systems, inadequate sedimentation and erosion control measures, the improper storage or disposal of junk, trash or other refuse within a buffer area, the improper management of storm water runoff or any other situation found to pose a threat to water quality.
(5) Pond Creek WS-III. In order to maintain a low to moderate land use intensity, single family detached uses shall develop at a maximum of two dwelling units per acre (2 du/ac). All other residential and non-residential development shall be allowed at a maximum of 24% built-upon area. In addition, new development and expansions to existing development may occupy 10% of the balance of the watershed area with up to 70% built-upon area when approved as a special intensity allocation (SIA). The Zoning Administrator is authorized to approve SIAs consistent with the provisions of this division (B)(5). Projects must, to the maximum extent practicable, minimize built-upon surface area, direct storm water away from surface waters and incorporate best management practices to minimize water quality impacts.
(6) Commercial Thoroughfare Overlay District. The commercial corridor for the town is an area predominantly used for retail, restaurants, inns and other commercial establishments in which the public is typically invited and welcomed to use and enjoy the space. This area is also the face the town puts on to the public, being the area that visitors and guests are exposed to first, and the area from which their impressions about the town are generated. Good design in this area will increase the value of the town’s properties as a whole, and promote the town’s goal as a resort destination. Therefore, this area has a need to ensure design characteristics that are harmonious with the town’s vision for the community and that enhance the quaint, mountain-town character. Accordingly, an overlay district has been established in which design regulations are applicable in addition to regulations of the underlying base district. Where provisions of this Overlay District are found to be in conflict with the underlying base zoning district, the more stringent regulations shall apply. Architectural standards for development in the Commercial Thoroughfare Overlay District are found in §§ 154.120 et seq.
(C) Other. Landfills and sites for the land application of residuals or petroleum-contaminated soils are prohibited in all the watershed districts.
(D) Conditions that pose a threat to waterways. No activity, situation, structure or land use shall be allowed within the WS-II and WS-II-C water supply watersheds which poses a threat to water quality or the public health, safety and welfare. Such conditions may arise from (for example) inadequate on-site sewage systems, inadequate sedimentation and erosion control measures, the improper storage or disposal of junk, trash or other refuse within a buffer area, the improper management of storm water runoff or any other situation found to pose a threat to water quality.
(1989 Code, Title V, Ch. 51, Art. VII, §§ 700 and 704) (Ord. passed 7-27-1988; Ord. passed 9-8-1993; Ord. passed 7-11-1995; Ord. passed 2-9-1999; Ord. passed 12-14-1999; Ord. passed 11-5-2002; Ord. passed 9-11-2006; Ord. passed 1-9-2007; Ord. passed 2-5-2007; Ord. passed 11-9-2010; Ord. 2014-05, passed 12-9-2014; Ord. 2018-07, passed 5-14-2018; Ord. 2019-01, passed 2-11-2019; Ord. 2021-03, passed 6-8-2021)
Editor’s note:
1 Subdivision added September 8, 1993.
2 Amended December 14, 1999.
3 Subjection added by amendment September 8, 1993.
4 Amended December 14, 1999.
§ 154.072 CONDITIONAL DISTRICT (C).
Conditional Districts are zoning districts in which the use and development of a property pursuant to a site-specific development plan is approved through the legislative process pursuant to § 154.180 of this chapter and G.S. Ch. 160D, Art. 7. Conditional Districts may be associated with any General Use District and shall be intended to accomplish the intended purposes of the General Use District and shall be designated by the suffix “C”.
(Ord. 2021-03, passed 6-8-2021)
§ 154.073 ESTABLISHMENT OF DISTRICT BOUNDARIES.
The boundaries of these districts are hereby established as shown on the Official Zoning Map of the Town of Beech Mountain.
(1989 Code, Title V, Ch. 51, Art. VII, §701) (Ord. 2021-03, passed 6-8-2021)
§ 154.074 ESTABLISHMENT OF ZONING MAP.
A zoning map entitled the “Official Zoning Map of the Town of Beech Mountain, North Carolina” clearly setting forth all approved use districts and their respective boundaries is hereby made a part of this chapter and shall be maintained in the office of the Zoning Administrator. This map may be either paper or digital and shall be available for inspection by interested persons during the normal business hours of the Zoning Administrator. It shall be the duty of the Zoning Administrator to maintain the said map and post any changes thereto as they may be made. Prior zoning maps shall be retained in a manner and for the prescribed periods required by the General Statutes.
(1989 Code, Title V, Ch. 51, Art. VII, § 702) (Ord. 2021-03, passed 6-8-2021)
§ 154.075 RULES GOVERNING DISTRICT BOUNDARIES.
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following shall apply:
(A) Boundaries indicated as approximately following the center lines of streets, highways, alleys, streams, rivers or other bodies of water, shall be construed to follow such lines.
(B) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(C) Where district boundaries are so indicated that they are approximately parallel to the center lines of streets, highways, or railroads, or rights-of-way of same, such district boundaries shall be construed as being parallel thereto and at such distance therefrom 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.
(D) 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 lot more than 35 feet beyond the district boundary line.
(E) Where physical features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by divisions (A) through (D) above, the Board of Adjustment shall interpret the district boundaries.
(1989 Code, Title V, Ch. 51, Art. VII, §703) (Ord. 2021-03, passed 6-8-2021)