5.1.1 District Establishment

For the purpose of this Ordinance, the area within the jurisdiction of this Ordinance is divided into the following designated use districts:

(Amend. of 8-18-16(2))

5.1.2 District Boundaries

Boundaries of the use districts are as shown on the Zoning Map, as it may be amended from time to time.

5.1.3 Interpretation of District Boundaries

A.

Unless otherwise indicated upon the zoning map, district boundary lines shall follow:

1.

The municipal corporate limits or the limits of the jurisdiction of this Ordinance, whichever may encompass a larger area;

2.

The centerlines of streets, stream beds, ridge lines; or

3.

Lot lines as established on the map of the Town as recorded in Plat Book 1, on Page 104, and Plat Book 1, on Page 141 ("The Kelsey Map"), of the Macon County Registry, or with the lot lines of any parcel of land now defined among the Macon County Public Records.

B.

Where district boundaries are not clearly indicated on the Zoning Map, the same shall be located on the ground by use of a scale upon the Zoning Map or, alternately, by appeal to the Board of Adjustment.

C.

Where uncertainty exists as to the boundaries of any Watershed Overlay District, as shown on the Zoning Map, the foregoing rules shall apply.

5.1.4 General Regulations

The general use regulations for each district are set forth in Article 6. Other requirements and standards are found elsewhere in this Ordinance. In addition to the permissible uses authorized within designated districts, the construction, installation, or operation of facilities necessary to furnish public utility services or municipal services by the Town or by any public utility company serving or franchised to serve the community shall be permitted in every district.

5.2.1 R-1 Residential District

The R-1 Residential District is exclusively a low-density residential district for single-family dwellings with customary accessory outbuildings, together with such other related uses which are of a residential character or contribute to the residential character of the district.

5.2.2 R-2 Residential District

The R-2 Residential District is a medium-density residential district for single-family dwellings, with customary accessory outbuildings, including manufactured homes and home occupations, together with such other related uses which are of a residential character or contribute to the residential character of the district. Tourist homes and private schools are permitted as Special Uses.

5.2.3 R-3 Residential District

The R-3 Residential District is a high-density residential district for single-family dwellings, with customary accessory outbuildings, including home occupations, together with such other related uses which are of a residential character or contribute to the residential character of the district. Multi-family dwellings are permitted as a Special Use.

5.3.1 B-1 Business District

The B-1 Business District is the central business area and is primarily a "walking district" for specialized retail use, office, and incidental apartments. Places of assembly such as restaurants, auction houses, and theaters are permitted as Special Uses.

5.3.2 B-2 Business District

The B-2 Business District is the business area immediately adjacent to the B-1 Business District, accessible both by walking and by automobile, and primarily for retail, office, and incidental apartments. Restaurants, hotels, service stations, and similar uses are permitted as Special Uses.

5.3.3 B-3 Business District

The B-3 Business District is the outlying business area along the main highways, accessible primarily by automobile, for larger retail uses such as shopping centers, office, and incidental apartments. Motels, restaurants, service stations, and uses such as storage warehouses, auto sales, and heavy machinery storage are permitted as Special Uses.

5.3.4 B-4 Business District

The B-4 Business District is a light commercial business district, located close to the central business districts in Town, and serving as a "buffer zone" between the B-3 Business District and residential areas. It includes small, low-impact, light commercial uses such as professional offices and gift shops.

5.4.1 GI Governmental/Institutional District

The GI Governmental/Institutional District includes property owned by governmental entities, such as the Town of Highlands and Macon County or property owned by nonprofit art organizations as defined by IRS Code Section 501(c)(3). It includes the Town Warehouse site; the Community Building and Town Ball Park; the Recreation Park and Wastewater Treatment Plant; the block containing the Town Hall, Highlands Community Playhouse, Fire Department, Police Department/Macon County EMT buildings; the Highlands School property; the Bascom-Louise Gallery property; and any other such properties which may hereafter be designated for similar uses.

(Amend. of 2-16-17)

5.5.1 Purpose

A.

There are land uses of such nature that rezoning a property to a general use district designation that permits such a use(s) by right may not be appropriate for a particular property. The review process established by this section provides for the accommodation of such uses by permitting reclassification of a property into a "parallel" conditional zoning district in which site plans and individualized development conditions are imposed to ensure compatibility of the proposed use with the use and enjoyment of neighboring properties.

B.

A parallel conditional zoning district is a zoning district in which the permitted uses are of the same character or type, except as modified by the legislative decision creating the parallel district, as the uses permitted in the corresponding general use district having the same designation or name. Thus, a parallel conditional zoning district shall be identified by the same designation as the underlying general use district followed by the letters "CZ", example: "R-3 (CZ)". Following adoption of a conditional zoning district, the subject property shall be identified on the Zoning Map by the appropriate conditional zoning district designation.

C.

Due consideration shall be given to the allocation of suitable areas for parks, playgrounds, schools, or other facilities to be dedicated for public use.

5.5.2 Procedure

Property may be placed in a conditional district only in response to a petition by all owners of the property to be included. Specific conditions may be proposed by the petitioner(s) or the Town or its agencies, but only those conditions approved by the Town and consented to by the petitioner(s) in writing may be incorporated into the zoning regulations. Unless consented to by the petitioner(s) in writing, in the exercise of the authority granted by this section, the Town may not require, enforce, or incorporate into the zoning regulations any condition or requirement not authorized by otherwise applicable law, including, without limitation, taxes, impact fees, building design elements within the scope of G.S. 160D-702(b), driveway-related improvements in excess of those allowed in G.S. 136-18(29) and G.S. 160A-307, or other unauthorized limitations on the development or use of land. Conditions and site-specific standards imposed in a conditional district shall be limited to those that address the conformance of the development and use of the site to the Town's ordinances, plans adopted pursuant to G.S. 160D-501, or the impacts reasonably expected to be generated by the development or use of the site. The zoning regulation may provide that defined minor modifications in conditional district standards that do not involve a change in uses permitted or the density of overall development permitted may be reviewed and approved administratively. Any other modification of the conditions and standards in a conditional district shall follow the same process for approval as are applicable to zoning map amendments. If multiple parcels of land are subject to a conditional zoning, the owners of individual parcels may apply for modification of the conditions so long as the modification would not result in other properties failing to meet the terms of the conditions. Any modifications approved apply only to those properties whose owners petition for the modification.

(Amend. of 5-27-21(15))

5.6.1 Purpose

No activity, situation, structure, or land use shall be allowed within the watershed which poses a threat to water quality and the public health, safety, and welfare. Such conditions may arise from inadequate on-site sewage systems which utilize ground absorption; inadequate sedimentation and erosion control measures; the improper storage or disposal of junk, trash or other refuse within a buffer area; the absence or improper implementation of a spill containment plan for toxic and hazardous materials; the improper management of stormwater runoff; or any other situation found to pose a threat to water quality.

5.6.2 Rules

A.

The provisions of this Ordinance relating to Watershed Protection Rules shall apply within the areas designated as a Public Water Supply Watershed by the N.C. Environmental Management Commission within the corporate limits of the Town of Highlands, as defined and established on the Zoning Map as Watershed Overlay Districts. When provisions of the Watershed Overlay District conflict with or are inconsistent with the provisions of the underlying zoning district, the more restrictive of the two (2) conflicting provisions shall apply.

B.

Any land which is subdivided in accordance with these subdivision regulations, and which is also located, in whole or in part, within any watershed classified as a surface water supply, shall conform to the standards of the North Carolina Water Supply Watershed Protection Act (G.S. 142-214.5 et seq.).

C.

In addition to the use regulations set forth in Article 6 of this Ordinance, the dimensional and density standards set forth in Sec. 8.4, Watershed Overlay District, and the Town Code Book Sec. 6.5-40, Boat Docks and Boat Houses, shall apply in the Watershed Overlay Districts.

5.6.3 Establishment

The following four (4) Watershed Overlay Districts shall be established for lands within the public water supply watersheds:

A.

WS-II-CA Watershed Overlay District. The WS-II-CA Watershed Overlay District is an overlay district located within the Critical Area of a Public Water Supply Watershed designated WS-II by the N.C. Environmental Management Commission in order to maintain a predominately undeveloped land use intensity pattern.

B.

WS-II-BW Watershed Overlay District. The WS-II-BW Watershed Overlay District is an overlay district located within the Balance of the Watershed II and includes that portion of the watershed outside the Critical Area of a Public Water Supply Watershed designated WS-II by the N.C. Environmental Management Commission to maintain a low to moderate land use intensity pattern.

C.

WS-III-CA Watershed Overlay District. The WS-III-CA Watershed Overlay District is an overlay district located within the Critical Area of a Public Water Supply Watershed designated WS-III by the N.C. Environmental Management Commission in order to maintain a low to moderate land use intensity pattern.

D.

WS-III-BW Watershed Overlay District. The WS-III-BW Watershed Overlay District is an overlay district located within the Balance of the Watershed III and includes that portion of the watershed outside the Critical Area of a Public Water Supply Watershed designated WS-III by the N.C. Environmental Management Commission in order to maintain a low to moderate land use intensity pattern.