The Town of Black Mountain finds that there are certain uses that require specific additional standards to ensure compatibility with other uses and conformance to the town's comprehensive plan or other adopted plans. This chapter specifies requirements that must be met by each use listed as a "use permitted with additional requirements" in chapter 4 of this land use code.

A.

The regulations of the land use code may affect property for agricultural purposes only as provided for in this section. This section does not limit regulation under this part with respect to the use of a farm property for non-farm purposes.

B.

Agricultural purposes include the production and activities as defined in these regulations and by North Carolina State Statutes as "bona fide farms" and related or incidental to the production of crops, fruits, honey, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agricultural products having a domestic or foreign market, excluding hog products, whether or not the use is conducted on owned or leased property, and irregardless if agricultural products are used for personal consumption or sale.

C.

Animal livestock and poultry operations, including horses, sheep, cows, goats, or llamas, must comply with the Buncombe County Animal Control Ordinance and meet the following requirements:

1.

Maintain enclosures (corrals, fencing, paddocks) in good condition so that animals stay on property;

2.

Protect perennial and intermittent streams from erosion and animal waste with stream exclusion systems, water delivery devices or other grazing management practices; and

3.

Locate compost and feed storage areas at least 30 feet from property boundaries abutting residential uses and from perennial streams.

4.

Maintain a 30-foot setback from the property line of an abutting residential use, for any structure, such as barns or stables but not including fencing.

5.

Any lot used to maintain livestock shall be two acres or more. Livestock does not include fowl, such as chickens.

6.

Not more than one animal unit shall be kept, maintained or stabled per 5,445 square feet (⅛ acre). For the purposes, of this section, one animal unit shall mean a goat, sheep, horse, cow, llama, alpaca, ostrich, or similar animal. Six chickens or similar poultry shall count as one animal unit.

7.

The keeping of hogs is not permitted.

8.

All livestock introduced onto a property where there is no pre-existing containment area (such as a fence, paddock, or enclosed pasture), except for chickens, shall be fenced so that they are no closer than 150 feet from an adjacent living unit. This shall not apply to residences constructed after the establishment of such livestock containment area. However, the containment area may not encroach further towards the newly established residence.

9.

In residential and mixed-use districts, chickens are allowed but must be in an enclosed area in the side or rear yard, and any structures associated with the housing of chickens shall meet the accessory building requirements of this chapter. Roosters are only permitted in the industrial districts (HI-0 and LI-8) and CR-1 district.

10.

This section shall not apply to cats, dogs, rabbits, or similar household pets.

D.

In the CB, NMU-8, and UR-8 districts agricultural uses related to livestock and animal husbandry of any type, with the exemption of household pets or chickens, are prohibited. Properties with allowable agricultural uses not related to animals, must comply to setbacks, driveway standards, and other guidelines that are applicable within those districts.

E.

Structures for storage of farm or maintenance equipment and supplies, and similar items associated with agricultural uses are permitted subject to the accessory structure setbacks for their respective zoning districts and shall not cover more than 30 percent of the total lot area.

F.

Any greenhouse in any district other than the industrial (HI-0. LI-8) or highway-business (HB-8) districts shall be treated as an accessory building and shall meet the towns' zoning guidelines, setback and building requirements of the district in which it is located. Within the central business district a greenhouse may serve as an accessory structure and must be constructed of rigid materials. A greenhouse is only allowed as a primary structure in the HI-0, LI-8, or HB-8 districts and must comply with all other district requirements. All commercial greenhouses must receive a certificate of compliance and occupancy.

G.

In all districts, regulations regarding flood hazard prevention, stormwater management, signage and lighting of the town shall apply to all agricultural uses.

A.

There shall be only one kitchen, a common dining room or study area, and no dining facilities or kitchens in the lodger's rooms where meals may be prepared and served.

B.

Boarding or rooming houses exclude hotels, motels, group homes, bed and breakfast homes and bed and breakfast inns.

These requirements apply only to child and adult day care services providing care for more than six clients at a time.

A.

Each day care shall be licensed or certified by the North Carolina Department of Health and Human Services required by state law.

B.

Child day care centers shall provide a fenced outdoor play area. The fence shall not be less than four feet in height.

C.

Day care centers shall provide locations for pick-up/drop off areas which do not impede traffic on town or state roads.

In accordance with G.S. chs. 122C, 131D, and 160D, family care homes are deemed residential uses for zoning purposes subject to the following additional requirements:

A.

Each family care home shall be licensed by the North Carolina Department of Health and Human Services as required by State law.

B.

No family care home may be located within a one-half-mile radius of any other residential care home.

C.

No exterior signage is permitted.

A.

Home occupations are permitted in all districts except in HI-0 where residential uses are considered a nonconforming use. However, within the HI-0 district, a home occupation may be integrated into a pre-existing residential structure in compliance with this chapter.

B.

The home occupation must be clearly incidental to the residential use of the dwelling and must not change the essential residential character of the dwelling or the immediate neighborhood.

C.

The intent of these regulations is to allow for home occupations throughout Black Mountain while minimizing the impact on neighbors and maintaining the same levels of noise, traffic, parking and other characteristics of the surrounding residential properties.

D.

In no case shall any nonresidential use or home occupation consist of operations or conditions resulting in noise, odors, smoke, glare, dust, gases, excessive traffic, electrical or other radiation, or other characteristics of a type or to an extent which create a nuisance or hazard to adjacent or neighboring residential properties.

E.

A home occupation conducted in an accessory structure shall be housed only in a garage or other accessory structure that meets the requirements of the building inspector.

F.

No display of stock in trade which is sold on the premises shall be visible from outside the building. Catalog and internet products may be received and shipped from the premises to fulfill orders as long as goods, products or commodities are stored within the home or an accessory structure customarily found in a residential district.

G.

There shall be no outdoor storage or visible evidence of equipment or materials used in the home occupation, unless the equipment or materials are of a type and quantity that could reasonably be associated with the principal residential use.

H.

In residential districts, business identification or advertising signs are only permitted if they are attached to the primary or secondary structure and shall not exceed four square feet. All other signage must conform to the town sign and district regulations.

I.

Off-street parking needed to accommodate the home occupation shall be provided onsite but shall not exceed four spaces.

J.

In residential districts, delivery vehicles serving the home occupation shall be restricted to the hours of 9:00 a.m. and 5:00 p.m.

K.

Adult day care homes and child care homes shall provide care to no more than five unrelated persons and shall require an annual certificate of occupancy or safety inspection to ensure adequate structure and fire safety as well as documentation certifying compliance with all state and federal standards.

L.

No one who resides outside of the residence may work in the home.

M.

Only vehicles used primarily as passenger vehicles will be permitted in connection with the conduct of the home occupation.

N.

A home occupation housed within the dwelling shall occupy no more than 25 percent of the total floor area of the dwelling, not to exceed 500 square feet.

O.

Home occupations shall complete a home occupation application that includes zoning verification.

Because manufactured homes are built in the controlled environment of a manufacturing plant, are transported in one or more sections on a permanent chassis, and are built to the "HUD Code" which is a different standard than a modular or stick-built home, these guidelines are established locally to ensure that manufactured homes will meet certain specifications that protect the health safety and welfare of residents and to protect land values of adjacent properties.

A.

The zoning administrator shall permit the temporary use of manufactured homes, park model homes or recreational vehicles on individual lots under the following circumstances:

1.

When fire, flood, or other natural catastrophe makes an existing single-family dwelling uninhabitable, as an alternative and temporary residence used on the same lot for a period not to exceed six months.

2.

During the active construction period of any single-family dwelling, as a temporary residence on the same lot by the owner of the lot for a period not to exceed 24 months or the active construction period, whichever is less.

3.

During the active period of construction/installation of a manufactured home, as a temporary residence on the same lot for a period not to exceed six months or the active construction period, whichever is less..

4.

During the active promotion of any residential subdivision or planned unit development, the zoning administrator may permit a manufactured home within the development to be used solely for the purpose of a temporary sales office for a period of up to 12 months. The manufactured home may not serve as a residence.

5.

As part of a manufactured housing or "park home" sales or manufacturing business.

B.

Manufactured homes used as residences on individual lots shall be considered principal uses for the purposes of the land use code and shall conform to the requirements of the district in which it is located.

C.

Singlewide manufactured homes are permitted only if located within a manufactured home park as part of an approved special use permit or pre-existing park, or as a primary residence on a single-family lot, provided that the guidelines provided in subparagraph G [D] of this section are met

D.

Manufactured homes shall adhere to the following guidelines:

1.

Replacement units of existing manufactured housing must be of a newer model than the manufactured home it is replacing and must comply with the HUD Home Construction and Safety Standards.

2.

The home must be a doublewide manufactured home or, if a singlewide, must be at least 16 feet in width and not exceed a length to width ratio of three to one (3:1).

3.

The home shall have wheels, axles, transporting lights and towing apparatus removed within 15 days of placement.

4.

The home must be placed on a permanent foundation or utilize skirting and underpinning that is constructed of materials that meet all existing requirements for manufactured homes as set forth in the state building code. All materials must be approved by the building inspector prior to installation.

5.

The unit must have a shingled roof with a minimum pitch of one to three (1:3) and an overhang.

6.

The exterior materials shall be of a color, material, and scale comparable with those existing in residential construction and in no case shall the degree of reflectivity of exterior finishes exceed that of gloss white paint. Siding, trim, and features should be compatible with adjoining properties.

7.

The front door of the unit must face the street on which it is located if the shape of the lot allows.

8.

The unit must have a wooden, brick or concrete stoop or decking of at least nine square feet in addition to steps as needed on any exterior door.

9.

The unit must be replaced in such a way as to conform to district setbacks and yard requirements to the greatest extent possible.

10.

The unit must connect to water and sewer services or have an approved septic system in place.

A.

Farm stands associated with garden markets shall be allowed as an accessory use in all districts.

B.

Tailgate sales are permitted as long as they do inhibit traffic flow or safety, and with the permission of the property owner.

C.

Off-premises produce stands shall be allowed as long as the use is for less than four continuous months.

D.

All farm stands shall not be located closer than ten feet to any side lot line unless a greater setback is required for the zoning district in which it is located or as directed by the zoning administrator for the purpose of traffic safety.

E.

Signs for a farm stand or tailgate sales shall not be illuminated, nor have flashing lights, nor shall they exceed four square feet in area. Off-premises signs are not permitted.

Neighborhood fueling facilities are provided to provide fueling services be it gas, electric, or other fuel, within mixed-use districts. These types of business operations must be compatible with a residential area in terms of design, lighting and hours of operation, and regulations of the district in which it is located and shall also comply with the following requirements:

A.

Must cease operations between the hours of 11:00 p.m. and 7:00 a.m.

B.

Must provide adequate two points of ingress/egress for vehicles, and adequate space for fueling.

C.

Must be of a design and building material that is in character with the surrounding neighborhood.

D.

Signage must be of a monument style and be less than ten feet tall.

The regulations of this section apply only to newspaper and periodical distribution boxes in the central business (CB) district.

A.

Distribution boxes shall be identified by a sign indicating: material to be deposited, the name of the owner, and the contact information of the person responsible for the box.

B.

Boxes shall be located away from the curb or roadway as much as possible and shall allow at least a 48-inch clearance area from the back of the curb to the box itself.

C.

Boxes shall be constructed of weatherproof, or exterior grade, materials and shall be kept clean and in good repair and appearance and shall be kept free of rubbish.

D.

Newspaper box or periodical distribution owners will furnish a schedule of delivery services for the box to the zoning administrator. Boxes empty for periods exceeding 30 days will be removed after the box owner is notified and lack of use confirmed with distributor.

E.

No more than six boxes may be clustered together on a first come first placement basis.

F.

Owners of distribution boxes not in compliance with these regulations shall be issued a notice of violation which shall allow 30 days for the owner or interested party responsible to comply. If 30 days elapse after the notice of violation and no action is taken, the zoning administrator shall remove the box and notify the owner.

G.

Boxes removed by the zoning administrator for lack of compliance may be claimed within 45 days through the planning and development department. After 45 days, the department may dispose of unclaimed newspaper or magazine boxes.

Secondary dwellings may be located in a building separate from the principal dwelling subject to the following requirements:

A.

Secondary dwellings shall meet the setbacks of the principal structure as set forth for the zoning district in which it is located.

B.

Secondary dwellings shall be built to North Carolina Residential Building Code Standards.

C.

The secondary dwelling size shall not exceed 50 percent of the square footage of the livable area of the primary structure or 1,100 square feet, whichever is less.

D.

No secondary dwelling will be sited between the principal building and an adjacent public roadway, not including a private alleyway or driveway.

E.

Only one secondary dwelling unit shall be permitted per zoning lot.

F.

The exterior of the secondary dwelling will be of same style as the principal residence in terms of exterior material, siding, roof pitch, window detailing, roofing materials, and foundation or skirting appearance.

G.

If a manufactured home, the secondary dwelling shall not be pulled up to or attached to the primary residence, and must meet the requirements for manufactured housing in section 5.16 of this chapter.

H.

Adequate off-street parking shall be provided at a ratio of two cars per dwelling unit on the same lot.

I.

If there will be no public sanitary sewer service to the secondary dwelling, the county health department shall approve a septic system prior to construction.

J.

Lots with duplexes shall not be allowed a secondary dwelling.

A.

Wireless antennas and satellite dishes are permitted in all districts as long as:

1.

They are not associated with a free-standing tower;

2.

Are less than 3.28 feet (39.37" or one meter) in diameter; and

3.

Are securely mounted.

B.

This section does not apply to amateur radio antennas affected and controlled by FCC regulations codified in Chapter 47, Section 97, of the Code of Federal Regulations.

C.

In residential districts, wireless antennas and satellite dishes greater than one meter in diameter must be located in the rear or side yard of the primary structure so as to be as unobtrusive from the right-of-way adjacent to the front yard as possible.

D.

Wireless facilities associated with a tower are considered communications towers for purposes of these regulations and are allowed in certain zoning districts only upon issuance of a special use permit.

A.

Freestanding, communication towers or attached wireless communication facilities shall only be permitted by approval of a conditional use permit.

B.

All new wireless communication facilities shall be engineered, designed and constructed to be capable of sharing the facility with other providers, to collocate with other existing wireless communication facilities and to accommodate the future collocation of other wireless communication facilities. A permit shall not be issued until the applicant proposing a new wireless communications facility shall demonstrate that it has made a reasonable good faith attempt to locate its wireless communication facility onto an existing structure. Competitive conflict and financial burden alone are not deemed to be adequate reasons against collocation.

C.

This section does not apply to amateur radio antennas affected and controlled by FCC regulations codified in Chapter 47, Section 97, of the Code of Federal Regulations.

D.

In addition to general CUP requirements, the following shall apply:

1.

No person, firm or corporation shall install or construct any wireless communication facility unless and until a tower antenna use application (TAA) has been issued pursuant to the communication tower requirements of this ordinance.

2.

Applicant shall provide the town with adequate information to establish that a new facility is needed rather than co-locating on an existing tower or structure.

3.

All applicants for wireless communications facilities are required to submit a statement with the application agreeing to allow and reasonably market collocation opportunities to other wireless communications facility users and to design facilities to allow for additional attachments. The statement shall include the applicant's policy regarding collocation of other providers and the methodology to be used by the applicant in determining reasonable rates to be charged other providers. The collocation agreement shall be considered a condition of issuance.

4.

Construction of all wireless communication facilities shall comply with the requirements of the Town of Black Mountain Building Codes and permitting process in addition to the requirements of this ordinance.

5.

Attached wireless communication facilities shall not add more than 20 feet to the height of the existing building or structure to which it is attached. Antenna attachments to existing communication towers shall not increase the height of tower above the maximum permitted height of that tower. In no instance shall a new tower exceeding 20 feet in height be allowed on a building.

6.

Height for wireless communication facilities with support structures shall be reviewed on a case by case basis as part of the conditional use permit process. The height of the proposed facility should consider ground elevations, topographical conditions and other site development criteria within this ordinance.

7.

Attached wireless communications facilities shall meet the setback provisions of the underlying zoning district in which they are located. An attached wireless communication facility antenna array may extend up to 30 inches horizontally beyond the edge of the attachment structure so long as the antenna array does not encroach upon an adjoining parcel. Wireless communications facilities and towers with support structures shall fall within the setback requirements in their entirety.

8.

Wireless communications facilities with support structures shall be enclosed by an opaque fence (excluding slatted chain link) not less than six feet in height. Security features may be incorporated into the buffer and landscaping requirements for the site. Nothing herein shall prevent fencing that is necessary to meet requirements of state or federal agencies.

9.

Existing mature tree growth and natural land form on the site shall be preserved to the extent feasible; provided however, that vegetation that causes interference with the antennas or inhibits access to the equipment facility may be trimmed or removed.

10.

Grading for the new wireless communication facility shall be minimized and limited only to the area necessary for the new facility.

11.

Wireless communications facilities shall be designed so as to be compatible with the existing structures and surroundings to the extent feasible, including placement in a location which is consistent with proper functioning of the wireless communications facility and the use of compatible or neutral colors, or camouflage technology.

12.

Wireless communications facilities shall not be artificially illuminated, directly or indirectly, except for:

• Security and safety lighting of equipment buildings if such lighting is appropriately down shielded to keep light within the boundaries of the site; and

• Such illumination of the wireless communications facility as may be required by the FAA or other applicable authority installed in a manner to minimize impacts on adjacent residences.

• Unless otherwise required by the FAA or other applicable authority, the required light shall be red and a type of lens used to reduce ground lighting when the site is within 100 feet of a residential dwelling.

13.

Wireless communications facilities shall not display any signage, logos, decals, symbols or any messages of a commercial or noncommercial nature, except for a small message containing provider identification and emergency telephone numbers and such other information as may be required by local, state or federal regulations governing wireless communications facilities.

14.

Wireless facilities must provide documentation that proposed facility will meet all current, applicable FCC and Electronics Industries Association and Telecommunications Industries Association (EIA/TIA) standards.

15.

Sound prohibited. No unusual sound emissions such as alarms, bells, buzzers or the like are permitted.

16.

All utility lines for wireless communications facilities shall be installed underground to the wireless communications facility.

17.

Access to the tower site must be graded and stoned in a manner that will allow access by police and fire/rescue units.

A.

No tattoo parlor or body piercing studio shall be located within 500 feet, as measured in a straight line from property line to property line, of:

1.

Any other tattoo parlor or body piercing studio,

2.

A church,

3.

A public or private elementary or secondary school, child day care or nursery school,

4.

A public park,

5.

Residentially zoned or residentially used property, or

6.

Any establishment with an on-premises ABC license.

B.

Ear piercing, as a principal or accessory use, shall not be subject to this classification and these provisions.

C.

Tattoo and/or body piercing operations shall not be considered as customary home occupations.

A.

Service areas will be separated by an opaque screen from the view of any street and from abutting properties.

B.

Chain link and similar fencing materials, if used, shall be painted on exterior side with evergreen shrubs a minimum of three feet in height at maturity and six feet on center at installation.

C.

Outdoor lighting associated with outdoor recreational facilities shall comply with the current lighting ordinance.

A.

Temporary use permit required.

1.

Any mobile food vendor operating in the Town of Black Mountain must obtain a permit issued by the zoning administrator.

2.

The vendor shall submit an application to planning department, which shall include a site plan showing the location or locations where the mobile food vendor will operate and demonstrate that all requirements of this ordinance can be met while operating at each location.

3.

The vendor shall only operate at those locations specified in the permit.

4.

A permit shall be valid for a period of one year from the date of issuance.

B.

A valid health department inspection grade card from the Buncombe County Health Department shall be visually displayed on the mobile food truck or cart in clear view of all patrons.

C.

Mobile food vendors shall operate only on private property with permission of the owner. No mobile food vendor shall operate on a public street, sidewalk or right-of-way.

D.

Mobile food vendors shall comply with the setback requirements for the zoning district in which the truck or cart is operating and, for purposes of setback regulations, shall be treated as a building or structure. No mobile food vendor shall be parked closer than ten feet from a structure or other mobile food vendor.

E.

Each mobile food vendor shall have sufficient space to maneuver onto the lot and to allow for safe access by pedestrians and emergency response vehicles.

F.

At least one onsite parking space per mobile food vendor is required, except that no onsite parking shall be required for a mobile food vendor operating in the central business district. Allocation of parking spaces to the mobile food vendor must not reduce available parking for other uses such that those uses would no longer meet minimum parking requirements.

G.

Mobile food vendors shall remove trash and litter from the site each day and as needed. Mobile food vendors must maintain cleanliness of the site.

H.

No temporary toilet facilities are allowed.

I.

No seating may be provided.

J.

No permanent water or sewer connections.

K.

Propane tanks shall be inspected by the NC Department of Agriculture.

L.

These regulations do not apply to mobile food vendors operating solely as part of a special event for which a permit has been issued by the Town of Black Mountain, or as part of a non-commercial, private event on private property when that event is non-recurring and of a temporary duration.

(Ord. No. O-21-20, 1-10-2022; Ord. No. O-22-02, 4-11-2022)

A.

Site requirements.

a.

Before obtaining a zoning permit, the owner shall submit a site plan showing the location of spaces to be used by mobile food vendors, kitchen or restroom facilities, seating for patrons, site maneuvering, and parking.

b.

There shall be at least one trash can per vendor or one dumpster for the entire court (see screening requirements).

c.

Outdoor seating is allowed.

d.

Permanent restroom facilities are allowed.

e.

A permanent, on-site commissary kitchen is allowed.

f.

Permanent power is recommended.

(Ord. No. O-21-20, 1-10-2022; Ord. No. O-22-02, 4-11-2022)

A.

Temporary use permit required.

1.

Any mobile retail vendor operating in the Town of Black Mountain must obtain a permit issued by the zoning administrator.

2.

The vendor will submit an application to the planning and development department, which shall include a site plan showing the location or locations where the mobile retail vendor will operate and demonstrate that all requirements of this ordinance can be met while operating at each location.

3.

The vendor will only operate at those locations specified in the permit.

4.

A permit will be valid for a period of one year from the date of issuance.

B.

Operating location and requirements.

1.

Mobile retail vendors will operate only on private non-residential property with permission of the owner. No mobile retail vendors will operate on a public street, sidewalk, or right-of-way.

2.

Mobile retail vendors will be allowed as a primary use or secondary use.

3.

Mobile retail vendors will comply with the setback requirements for the zoning district in which the vendor is operating and, for purposes of setback regulations, will be treated as a building or structure. No mobile retail vendor will be parked closer than ten feet from a structure or other mobile retail vendor.

4.

Each mobile retail vendor will have sufficient space to maneuver onto the lot and to allow for safe access by pedestrians and emergency response vehicles.

5.

Sight triangles must be maintained to ensure visibility (see Section 4.4.6).

6.

At least one onsite parking space per mobile retail vendor is required, except that no onsite parking will be required for a mobile retail vendor operating in the central business district. Allocation of parking spaces to the mobile retail vendor must not reduce available parking for other uses such that those uses would no longer meet minimum parking requirements.

7.

Signage.

a.

Cantilevered ground sign that has a pole with a maximum height of six feet, and with a sign that has a maximum square footage of five square feet will be allowed.

8.

Number of mobile retail vendors.

a.

In the central business, highway business, and neighborhood mixed use districts, mobile retail vendors will be limited to one per parcel.

b.

In the light industrial, heavy industrial, and traditional neighborhood districts, mobile retail vendors will be limited to six per parcel.

c.

In the central business, neighborhood mixed use, light industrial, and light industrial districts, there will be a maximum of five mobile retail vendors per district.

d.

In the highway business and traditional neighborhood district, there will be a maximum of ten mobile retail vendors per district.

9.

Use of generators by mobile retail vendors is prohibited.

10.

Hours of operation.

a.

Mobile retail vendors may operate between the hours of 6:00 a.m. and 10:00 p.m. daily.

C.

Site maintenance.

1.

Mobile retail vendors will remove trash and litter from the site each day and as needed. Mobile retail vendors must maintain the cleanliness of the site.

2.

No temporary toilet facilities will be allowed.

3.

No permanent water or sewer connections will be allowed.

4.

All temporary signs, seating, and merchandise must be removed and/or brought into the mobile unit during non-operating hours.

D.

Special events.

1.

These regulations do not apply to mobile retail vendors operating solely as part of a special event for which a permit has been issued by the Town of Black Mountain, or as part of a non-commercial, private event on private property when the event is non-recurring and of a temporary duration.

(Ord. No. O-24-14, 9-9-2024; Ord. No. O-24-16, 12-9-2024)