No building or land shall hereafter be used and no building or part thereof shall be erected, moved or altered except in conformity with the regulations herein specified for the district in which it is located, except as provided in this chapter.

(1989 Code, Title V, Ch. 51, Art. XI, § 1100) (Ord. 2021-03, passed 6-8-2021)

   Any parcel of land, use of land, building or structure existing at the time of the adoption of this chapter, or any amendment thereto, that does not conform to the use or dimensional requirements of the district in which it is located, may be continued and maintained subject to the following provisions.

   (A)   Nonconforming vacant lots. This category of nonconformance consists of vacant lots for which plats or deeds have been recorded in the Register of Deeds office of Watauga or Avery County, which at the time of the adoption of this chapter fail to comply with the minimum area or width requirements of the districts in which they are located. Any such nonconforming lot may be used for any of the uses permitted in the district in which it is located provided that:

      (1)   Where the lot area is not more than 20% below the minimum specified in this chapter, and other dimensional requirements are otherwise complied with, the Zoning Administrator is authorized to issue a Certificate of Zoning Compliance; and

      (2)   Where the lot area is more than 20% below the minimum specified in this chapter or other dimensional requirements cannot be met, the Board of Adjustment is authorized to approve as a variance such dimensions as shall conform as closely as possible to the required dimensions.

   (B)   Nonconforming occupied lots. This category of nonconformance consists of lots, occupied by buildings or structures at the time of the adoption of this chapter, that fail to comply with the minimum requirements for area, width, yard and setbacks for the district in which they are located. These lots may continue to be used.

   (C)   Nonconforming open uses of land. This category of nonconformance consists of lots used for storage yards, used car lots, auto wrecking, junkyards, and similar open spaces where the only buildings on the lot are incidental and accessory to the open use of the lot and where such use of the land is not permitted to be established hereafter, under this chapter, in the district in which it is located. A legally established nonconforming open use of land may be continued except as follows.

      (1)   When a nonconforming open use of land has been changed to a conforming use, it shall not thereafter revert to any nonconforming use.

      (2)   Nonconforming open use of land shall be changed only to conforming uses.

      (3)   A nonconforming open use of land shall not be enlarged to cover more land than was occupied by that use when it became nonconforming.

      (4)   When any nonconforming open use of land is discontinued for a period in excess of 180 days, any future use of the land shall be limited to those uses permitted in the district in which the land is located. Vacancy and/or non-use of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.

   (D)   Nonconforming uses of structures. This category of nonconformance consists of buildings or structures used at the time of enactment of this chapter for purposes of use not permitted in the district in which they are located. Such uses may be continued as follows:

      (1)   An existing nonconforming use may be changed to another nonconforming use of a higher classification, provided that the other conditions in this section are complied with. For the purpose of this chapter, the rank order of uses from higher to lower shall be: 1) residential, 2) private-public service, and 3) commercial service.

      (2)   When a nonconforming use has been changed to a conforming use, it shall not thereafter revert to any nonconforming use.

      (3)   A nonconforming use may not be extended, enlarged, or altered except as follows:

         (a)   Structural alterations as required by law or ordinance to secure the safety of the use of a structure are permissible.

         (b)   Maintenance and repair necessary to keep a nonconforming use of a structure in sound condition are permissible.

         (c)   Expansion of a nonconforming use of a building or structure into portions of the structure which, at the time the use became nonconforming, were already erected and arranged or designed for such nonconforming use is permissible.

         (d)   Nonconforming parking facilities must be brought into compliance with § 154.132. 1

      (4)   When any nonconforming use of a building or structure is discontinued for a period in excess of 180 days, the building or structure shall not thereafter be used except in conformance with the regulations of the district in which it is located.

   (E)   Reconstruction of damaged buildings or structures. Any nonconforming use, which has been damaged by fire, wind, flood or other causes, may be repaired and used as before provided:

      (1)   Minimum parking requirements of § 154.132 are met. 2

      (2)   The total amount of space devoted to nonconforming use may not be increased.

      (3)   Reconstructed buildings may not be more nonconforming with respect to dimensional restrictions.

      (4)   Within the WS-II and WS-II-C districts, the total amount of space devoted to built-upon area may not be increased unless storm water control that equals or exceeds the previous development is provided. 3

   (F)   Alteration of nonconforming structures. This category of nonconformance consists of buildings or structures existing at the time of the adoption of this chapter that fail to comply with the minimum requirements for building height or setbacks for the district in which they are located. These structures may continue to be used, but may not be extended, enlarged or altered except as follows:

      (1)   Enlargement or extension of a legal, nonconforming structure (i.e. house additions, deck additions, etc.) is permissible if such enlargement or extension occurs in portions of the lot or tract that meet all required setbacks, provided that the maximum depth of penetration of the setback violation shall be added to the setback on the opposite side. All applicable zoning requirements must be met by this new construction.

      (2)   Structural alterations as required by law or ordinance to secure the safety of the structure are permissible.

      (3)   Maintenance and repair necessary to keep a nonconforming structure in sound condition are permissible.

      (4)   Nonconforming parking facilities must be brought into compliance with § 154.132.1

(1989 Code, Title V, Ch. 51, Art. XI, § 1101) (Ord. passed 7-13-1993; Ord. passed 12-14-1999; Ord. passed 9-20-2011; Ord. 2021-03, passed 6-8-2021)

   Off-street automobile storage or parking space shall be provided on every lot on which any of the following uses are hereafter established. The number of parking spaces provided shall be at least as great as the number specified below for various uses. When application of said provision results in a fractional space requirement, the next larger requirement shall prevail. Each lot abutting a major thoroughfare, as determined by the Zoning Administrator, shall be provided with adequate space for turning so that no vehicle shall be required to back into the street. All parking spaces except parallel parking shall consist of an area not less than nine feet wide by 20 feet long, except that where parking spaces abut landscaped areas or parking bumpers, the area of the parking spaces shall be nine feet wide by 18 feet long measured to the wheel bumper or edge of parking surface at landscaped area. Parallel parking spaces shall be eight feet wide by 25 feet long. Residential parking spaces shall be sized as required in division (B) below. All paved parking lots must have their parking spaces lined.

   (A)   Aisle space. Aisle space for parking shall be provided as follows:

      (1)   The aisle width for 90-degree parking and angle parking of more than 60 degrees shall be a minimum of 20 feet wide.

      (2)   The aisle width for angle parking of 60 degrees and less shall be a minimum of 15 feet wide.

      (3)   The aisle width for parallel parking shall be a minimum of ten feet wide for single loaded parking and 20 feet for double loaded parking. 2

   (B)   Minimum parking requirements. The required number of off-street parking spaces specified below for each use shall be provided.

      (1)   Residential uses.  Two accessible off-street parking spaces shall be provided for each residence and condominium unit of three bedrooms (including lofts) or less constructed in the Town of Beech Mountain. In addition, for every unit having more than three bedrooms, an additional parking space will be required for each additional bedroom. The parking space shall be constructed prior to the beginning of construction of the structure and each parking space shall be a minimum of ten feet by 22 feet in size.3

   (C)   Location on other property. 4 If the required vehicle parking spaces cannot reasonably be provided on the same lot on which the principal use is conducted, such spaces may be provided on other off-street property, provided (a) such property lies adjacent to the property of the principal use, and (b) the owner of the principal use lot has an irrevocable exclusive parking easement recorded at the Public Registry allowing said owner to use the adjacent lot for parking that benefits the principal use lot. The parking easement shall be appurtenant to and shall run with the title of the property of the principal use.

   (D)   Landscaped areas. Where parking areas exceed 2,500 square feet in area, open landscaped area shall be provided as follows: 10% of the area must be left open and landscaped with shrubs, trees or flower beds. This required area shall be considered part of the area required in § 154.166. 5

   (E)   Voluntary annexation. 6 It is the policy of the town to require property owners petitioning for voluntary annexation who do not have the parking spaces required by §§ 154.130 through 154.149 of this chapter to submit a plan with their annexation petition to maximize the number of available parking spaces. The required plan must be a scaled sketch identifying the existing and future parking spaces. The property owner shall construct and have in place all of the future parking spaces identified on the plan which the town has accepted and approved within six months after the effective date of the annexation. The property owner shall also retain the same number of existing parking spaces shown on the plan.

(1989 Code, Title V, Ch. 51, Art. XI, § 1102) (Ord. passed 5-20-1983; Ord. passed 7-27-1988; Ord. passed 9-10-1991; Ord. passed 10-8-1996; Ord. 2012-09, passed 10-9-2012; Ord. 2021-03, passed 6-8-2021)

   Every lot on which a business or trade use is hereafter established shall provide space as indicated herein for the loading and unloading of vehicles off the street. Such space shall have access to a street or alley. For the purpose of this section, an off-street loading space shall have minimum dimensions of 12 feet by 40 feet and an overhead clearance of 14 feet in height above the alley or street grade.

 

 

(1989 Code, Title V, Ch. 51, Art. XI, § 1103) (Ord. 2021-03, passed 6-8-2021)

   No part of a yard or open space, or off-street parking or loading space required above or required in connection with any building for the purpose of complying with this chapter, shall be included as a part of a yard, open space, or off-street parking or loading space similarly required for any other building.

(1989 Code, Title V, Ch. 51, Art XI, § 1104) (Ord. 2021-03, passed 6-8-2021)

   Sight distances at intersections must meet the standards for secondary roads established by the North Carolina Department of Transportation. On corner lots no planting, structure, sign, fence, wall or other obstruction shall be erected so as to interfere with said sight distance.

(1989 Code, Title V, Ch. 51, Art. XI, § 1105) (Ord. 2021-03, passed 6-8-2021)

   Every building hereafter erected, moved or structurally altered shall be located on a single lot and in no case shall there be more than one principal building and its customary accessory buildings on the lot, except in the case of a designed Planned Unit Development.

(1989 Code, Title V, Ch. 51, Art. XI, § 1106) (Ord. 2021-03, passed 6-8-2021)

   (A)   One accessory building may be placed on a lot, provided the building adheres to the following standards:

      (1)   The use of the building shall be of a nature that is customary and accessory to the primary use of the lot. For example, garages and/or servants’ quarters/guest suites are customary and accessory to principal residential dwellings.

      (2)   Accessory structures may not be constructed prior to the construction of the primary structure on a lot.

      (3)   Accessory structures shall conform substantially with the style, design, and materials of the main structure.

      (4)   Accessory structures shall meet all required setbacks.

      (5)   Accessory structures shall not have separate water or sewer services from the primary structure on a lot.

      (6)   The size (in square feet) of an accessory structure shall not exceed 75% of the square footage of the primary structure on a lot.

      (7)   The height of an accessory structure shall not exceed the height of the primary structure on a lot.

   (B)   In determining whether a structure is “customary and accessory” to a principal structure, the following shall be considered:

      (1)   Size. See division (A)(6) above.

      (2)   The presence (or absence) of similar accessory structures appurtenant to similar principal structures in the neighborhood or the community.

      (3)   Whether the accessory structure would be in harmony with the character of the neighborhood or community.

      (4)   The amount of usage the accessory structure has or is likely to have relative to the main structure.

(1989 Code, Title V, Ch. 51, Art. XI, § 1107) (Ord. passed 4-10-1983; Ord. 2013-05, passed 4-9-2013; Ord. 2015-02, passed 5-12-2015; Ord. 2021-03, passed 6-8-2021)

   (A)   Vacant lots and open spaces shall be maintained in their natural state, provided such state does not cause an endangerment to safety, health, or otherwise cause a nuisance. The accumulation of junk and unsightly debris is prohibited.

(Ord. passed 2-9-2010; Ord. 2021-03, passed 6-8-2021)

      (1)   Fencing not exceeding 24 inches in height;

      (2)   Retaining walls used to support earth and having only one side exposed (the other side being covered with backfill);

      (3)   Screening, as defined above;

      (4)   Temporary fencing, as defined above;

      (5)   Gardening fence, as defined above;

      (6)   Fencing not visible from beyond the boundaries of the property on which it is located; and

      (7)   Fencing erected by the Town of Beech Mountain.

         (a)   A recent survey of the property on which the proposed fence is to be located. Property corners as illustrated on the survey shall be clearly marked and identifiable on site.

         (b)   A sketch or plan of the location of the proposed fence in relation to the boundaries of the property on which it is to be located. It is preferable that such information be provided on the survey.

         (c)   A sketch or design of the type of fencing to be used. This design must show the materials used, the dimensions (height and spacing of individual members), and the general appearance of the fence once erected.

         (d)   A completed building permit application form.

         (e)   An appropriate fee as provided in the Town of Beech Mountain Permit Fee Schedule available in the Department of Planning and Inspections.

         (a)   With the exception of division (E)(2)(c) below, fences shall be faced with natural or manufactured wood, stone, brick, or wrought iron.

         (b)   If painted, fencing must be painted in such a manner that it substantially conforms to the color(s) used on the primary structure on the lot.

         (c)   Chain link fencing may be erected in the following locations only:

            1.   To protect tennis courts, swimming pools, athletic fields, and playgrounds;

            2.   To protect water supply, pumping stations, water storage tanks, and similar utilities or infrastructure; and

            3.   In the CS-1/ CS-2 districts where protection of the property from trespassers is essential to the health and safety of the community.

         (d)   Above-ground electric fencing is expressly prohibited, provided that dumpster screening is not considered to be fencing for the purposes of this section.

         (a)   For containment purposes, any permitted fence, landscape wall, or hedge may be backed by welded wire. The wire shall be firmly affixed to property owner’s side of the fence, wall or adjacent to the hedge, and shall not exceed the height of the fence, wall, or hedge.

         (b)   Any hedge containing wire backing shall be planted in such a manner that the wire backing is completely obscured from the adjacent property or the street, as determined by the building inspector.

         (a)   Shall not be changed or replaced with another non-conforming fence or copy;

         (b)   Shall not be expanded or relocated;

         (c)   Shall not be re-established after damage or destruction in excess of 60% of the value at the time of damage or destruction; and

         (d)   Shall not be modified in any way which increases their degree of non-conformity.

         (a)   All fences not conforming to all sections of this subchapter on the date of the enactment of this subchapter shall be removed, changed, or altered to conform to this subchapter within two years of the original enactment of this subchapter.

         (b)   All fences which are conforming at the time this subchapter is enacted, and which are made non-conforming as a result of an amendment to this subchapter, shall be removed, changed, or altered to conform to this subchapter within two years of the date the amendment was enacted.

(1989 Code, Title V, Ch. 51, Art. XI, § 1109) (Ord. passed 11-13-1990; Ord. passed 6-21-2011; Ord. 2015-03, passed 5-12-2015; Ord. 2021-03, passed 6-8-2021)

   (A)   No structure shall have a vertical height in excess of 35 feet as measured from the highest point of the original natural grade of the land on which the building sits (i.e. the land directly beneath the footprint of the building) to the highest point of the structure. The highest point of the structure shall be the highest point:

      (1)   Of the peak of the highest roof; or

      (2)   Of the finished roof surface in the case of flat roofs; or

      (3)   Of railings, decking, or other such attachments which may be affixed to whichever of the above-described points is highest.

   (B)   Chimneys, vents and TV antennas shall not be included in the measurement of the highest point of the structure.

(1989 Code, Title V, Ch. 51, Art. XI, § 1110) (Ord. 4-20-1983; Ord. passed 4-1-1984; Ord. passed 9-14-2010; Ord. 2021-03, passed 6-8-2021)

(1989 Code, Title V, Ch. 51, Art. XI, § 1111) (Ord. passed 4-10-1983; Ord. 2013-05, passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

   (A)   (1)   The Zoning Ordinance has been designed with consideration as to the character of the town, and with a view toward conserving its natural beauty and property values.

      (2)   The following provision is to achieve that purpose: fuel tanks, LP gas tanks and similar storage receptacles may be buried underground.

      (3)   In the event that the fuel tank is raised above the ground, the Building Inspector shall approve plans for an above-ground tank that has been screened by a wood fence at least four feet in height. There shall be a three-foot opening in the fence (which may be gated) on the side facing the road, directly opposite the filling and control valves to facilitate servicing.

      (4)   In the event that the tank is perpendicular to the road, the opening shall be on the side nearest the residence. Under no conditions may an above-ground tank be located in the street side of the residence. Additional screening in the form of native evergreen shrubs at least six feet in height and planted no more than three feet apart is required, terrain permitting.

   (B)   All fuel tanks, LP gas tanks and similar storage receptacles must meet these requirements no later than July 1, 1998. 2

      (1)   Portable storage containers, as defined in § 154.006, having greater than 343 cubic feet capacity (i.e. 7' x 7' x 7') shall not remain on properties in the town in the R1, R2, R2A, R3A, or CS1 districts in locations where they are visible from beyond the boundaries of the property upon which they are situated for periods of greater than 30 days.

      (2)   Containers used in the construction process during the duration of a valid building permit shall be exempt from the above regulation, provided they comply with all other applicable regulations.

      (3)   Wheeled storage containers such as vehicle trailers that would not require a commercial driver’s license to operate under the standards of the North Carolina Division of Motor Vehicles shall be exempt from the above regulation.

(1989 Code, Title V, Ch. 51, Art. XI, § 1112) (Ord. passed 2-14-1991; Ord. passed 10-9-1991; Ord. passed 6-10-1997; Ord. 2012-07, passed 10-9-2012; Ord. 2021-03, passed 6-8-2021)

(1989 Code, Title V, Ch. 51, Art. XI, § 1113) (Ord. passed 4-10-1983; Ord. 2012-11, passed 11-13-2012; Ord. 2021-03, passed 6-8-2021; Ord. 2024-0113, passed 5-14-2024)

   No person shall dig and haul away any substantial amount of soil, dirt, and/or rock, or substantially disturb in some other manner the natural layout of the land (i.e., any digging or hauling that involves the use of any type of machine or motorized vehicle), without:

   (A)   Obtaining prior approval of the Town Manager; or

(1989 Code, Title V, Ch. 51, Art. XI, § 1115) (Ord. passed 4-10-1983; Ord. 2021-03, passed 6-8-2021)

   All utility and cablevision lines to any construction shall be buried underground. 1

(1989 Code, Title V, Ch. 51, Art. XI, § 1116) (Ord. passed 4-10-1983; Ord. 2021-03, passed 6-8-2021)

   Outside storage or parking of construction vehicles and/or equipment greater than three-quarter-ton capacity shall be prohibited in any residential zoning district unless located on property where a construction project is underway with a valid permit issued by the Town of Beech Mountain.

(1989 Code, Title V, Ch. 51, Art. XI, § 1117) (Ord. passed 1-9-1990; Ord. 2021-03, passed 6-8-2021)

   There shall not be maintained on any lot any poultry or farm animals nor any animals other than those commonly considered household pets.

(1989 Code, Title V, Ch. 51, Art. XI, § 1118) (Ord. passed 1-9-1990; Ord. 2021-03, passed 6-8-2021)

   For all new construction, the primary foundations must be completely constructed prior to the remainder of the building being constructed or placed on the lot.

(1989 Code, Title V, Ch. 51, Art. XI, § 1119) (Ord. passed 10-16-2001; Ord. 2021-03, passed 6-8-2021)

   (A)   For new construction and remodeling that enlarges the perimeter of a building or structure, a recent survey (within six months), with appropriate setbacks shown on the survey, signed and sealed by a surveyor licensed in North Carolina must be provided.

   (B)   The property owner must also provide the Town with a foundation survey after the footers have been poured and an as-built survey prior to issuance of a Certificate of Occupancy.

(1989 Code, Title V, Ch. 51, Art. XI, § 1120) (Ord. passed 4-3-2007; Ord. 2021-03, passed 6-8-2021)