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Maggie Valley City Zoning Code

CHAPTER 151

ZONING DISTRICTS

151.01 LAND USE AND ZONING DISTRICTS

For the purpose of this Ordinance, the Town of Maggie Valley is hereby divided into the following land use and zoning districts:

  1. R-0 – Rural Residential;
  2. R-1 – Low Density Residential;
  3. R-2 – Medium Density Residential;
  4. R-3 – High Density Residential;
  5. R-4 – Seasonal and Short Term Residential;
  6. RC-1 Residential Conservation 1;
  7. RC-2 Residential Conservation 2;
  8. MHP – Manufactured Home Park;
  9. TC – Town Center;
  10. MU-1 – Soco Road Mixed Use;
  11. MU-2 – Moody Farm Road Mixed Use;
  12. MU-3 – General Mixed Use;
  13. MU-4 – Community Attraction Mixed Use;
  14. C-1 – Central Business;
  15. C-2 – Commercial Gateway;
  16. C-3 – Dellwood Road Commercial.
HISTORY
Amended by Ord. 1098 on 4/8/2024

151.02 OFFICIAL ZONING MAP

The boundaries of these districts are hereby established as shown on a map entitled “Official Zoning Map, Town of Maggie Valley, North Carolina,” adopted by the Board of Aldermen and certified by the Town Clerk. The Zoning Map with all explanatory matter thereon is hereby made part of this ordinance. An officially adopted copy of the map shall be retained in the office of the Town Clerk.

151.03 RULES GOVERNING BOUNDARIES

  1. Generally. Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply:
    1. Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines or railroad right-of-way lines or the lines extended, the centerlines, street lines or railroad right-of-way lines shall be construed to be the boundaries.
    2. Where district boundaries are so indicated that they approximately follow lot lines, the lot lines shall be construed to be the boundaries.
    3. Where district boundaries are so indicated that they are approximately parallel to the centerlines of streets, highways, rivers and streams, railroad, or rights-of-way of same, the district boundaries shall be construed as being parallel thereto and at the distance therefrom as indicated on the Zoning Map. If no distance is given, the dimension shall be determined by use of the scale shown on the Zoning Map.

151.04 RESIDENTIAL DISTRICTS

All residentially zoned districts have been designated as such to strictly promote residential development within said district for the purpose of encouraging neighborhood safety, character, and consistency while protecting property values.

  1. Rural Residential. The Rural Residential District (RO) is hereby established in order to protect the areas of steep slope, scenic view sheds, natural woodlands, and agricultural uses. Insomuch this district is formed in order to allow for responsible residential development while simultaneously protecting said district’s rural characteristics from the encroachment of incompatible uses.
  2. Low Density Residential. The Low Density Residential District (R1) is hereby established as a district in which the principal use of land is for low density single-family residential purposes. This district is further intended to protect existing single-family neighborhoods from incompatible land uses. It is also the intent of this district to allow for certain types of nonresidential community facilities that would not be detrimental to the residential character of the district.
  3. Medium Density Residential. The Medium Density Residential District (R2) is hereby established as a district in which the principal use of land is for medium density single-family and multi-family residential purposes. This district is further intended to protect existing single-family neighborhoods from incompatible land uses. It is also the intent of this district to allow for certain types of nonresidential community facilities that would not be detrimental to the residential character of the district.
  4. High Density Residential. The High Density Residential District (R3) is hereby established as a district in which the principal use of land is for high density single-family and multi-family residential purposes. It is also the intent of this district to allow for certain types of nonresidential community facilities that would not be detrimental to the residential character of the district.
  5. Seasonal and Short Term Residential. The Seasonal and Short Term Residential District (R4) is hereby established as a district in which the principal use of land is for seasonal and short term residential uses, such as RV parks and campgrounds as well as vacation communities which include cottages and cabins. This district also accommodates visitors who want to stay in Maggie Valley for longer than traditional vacationing durations.  
  6. Residential Conservation 1. The Residential Conservation 1 District is hereby established as a district in order to apply the same standards as R-2, the Medium Density Residential District, and provide additional environmental protection measures to regulate development in Steep Slope areas and promote environmentally sound design and planning that protects the landscapes in the Town of Maggie Valley. Section 152.15 Steep Slope Requirements shall apply to RC-1.
  7. Residential Conservation 2. The Residential Conservation 2 District is hereby established as a district in order to apply the same standards as R-3, the High Density Residential District, and provide additional environmental protection measures to regulate development in Steep Slope areas and promote environmentally sound design and planning that protects the landscapes in the Town of Maggie Valley. Section 152.15 Steep Slope Requirements shall apply to RC-2.
  8. Manufactured Home Park. The Manufactured Home Park District (MHP) is hereby established as a floating district in which the principal use of land is for manufactured home park establishment. It is the intent of this district to allow for manufactured home park development within the R-0 and R-4 districts.
HISTORY
Amended by Ord. 1098 on 4/8/2024

151.05 MIXED-USE DISTRICTS

All zoning districts designated under “mixed-use” can be characterized as districts where both residential and commercial uses are permitted and encouraged. Said districts are designated to facilitate vibrant centers where both residential and commercial uses complement each other.

  1. Soco Road Mixed Use. The Soco Road Mixed Use District (MU1) is hereby established to serve as a support node for the Town Center District by allowing for a mixture of dense commercial and residential development.
  2. Moody Farm Road Mixed Use. The Moody Farm Road Mixed Use District (MU2) is hereby established to protect the existing neighborhood characteristics and uses of the district, while also promoting higher density construction on the larger more developable parcels throughout the corridor.
  3. General Mixed Use. The General Mixed Use District (MU3) is hereby established to promote higher density construction on larger more developable parcels throughout the corridor. This district also encourages nodal development of businesses that would serve both seasonal and permanent residents.
  4. Community Attraction Mixed Use. The Community Attraction Mixed Use District (MU4) is hereby established to promote economic development on and around traditionally large attraction areas within the Town. This district is established to incorporate various land uses that are directly compatible with one another internally, but which do not easily conform to other district characteristics.

151.06 COMMERCIAL DISTRICTS

All commercially zoned districts have been designated as such to promote development in vibrant centers facilitating commercial uses that complement each other.

  1. Town Center. The purpose of this land use category is to provide for a localized community gathering place in town. This category should include a mix of shops, restaurants, public and open space, and activities for families and tourists. It should include a project(s) done on a larger scale, with uniform design, signage, and façade requirements.
  2. Central Business. The Central Business District (C1) is hereby established to promote tourism and family oriented establishments and attractions, while preserving the traditional civic and cultural centers already established within the district.
  3. Commercial Gateway. The Commercial Gateway District (C2) is hereby established to form a zoning district that will serve as the gateway into the community by promoting dense commercial development that will serve not only town residents and visitors, but the needs of surrounding areas as well.
  4. Dellwood Road Commercial. The Dellwood Road Commercial District (C3) is hereby established to allow for uses that are of a more intense nature and those that operate out of doors. The purpose of the district is to promote business development to efficiently provide the services residents need on a daily basis.

151.07 TABLE OF PERMITTED USES

  1. Use Categories. All uses permitted in this Code have been divided into general categories as detailed below and are generally defined as follows:
    1. RESIDENTIAL: Premises available for long-term human habitation by means of ownership or rental.
    2. LODGING: Premises available for short-term human habitation for a fee, including daily and weekly rental.
    3. COMMERICAL: Premises available for the commercial sale of merchandise, prepared food and beverages including on site consumption.
    4. OFFICE/SERVICE: Premises available for the transaction of general business and the provision of services, but excluding retail sales and manufacturing, except as a minority component.
    5. CIVIC/INSTITUTIONAL: Premises available for organizations dedicated to religion, education, government, social service, health care, and other similar functions.
    6. ENTERTAINMENT/RECREATION: Premises for the gathering of people for purposes such as arts, culture, amusement, and recreation.
    7. MANUFACTURING/WHOLESALE/OUTDOOR STORAGE: Premises available for the creation, assemblage, storage, and repair of items including their wholesale or retail sale.
    8. INFRASTRUCTURE: Uses and structures dedicated to transportation, communication, information, and utilities.
    9. MISCELLANEOUS/OTHER USES: Land uses that do not necessarily fit into the other established use categories as defined herein.
    10. TEMPORARY USES: Land uses established for a fixed period of time, with the intent to discontinue such use upon the expiration of such time, which does not involve the construction or alteration of any permanent structure.
  2. Interpretation.
    1. Uses not listed as a permitted (P), permitted with additional standards (*) or requiring a special use permit (S) are presumed to be prohibited from the applicable zoning district, except that prohibited uses may be permitted within the applicable zoning district through the application of a conditional zoning district in accordance with the provisions set forth in Chapter 153.
    2. In the event that a particular use is not listed in the use table, and such use is not listed as a prohibited use and is not otherwise prohibited by law, the administrator shall determine whether a materially similar use exists in this chapter. Should the administrator determine that a materially similar use does exist, the regulations governing that use shall apply to the particular use not listed and the administrator's decision shall be recorded in writing. Should the administrator determine that a materially similar use does not exist, this chapter may be amended to establish a specific listing for the use in question in accordance with the provisions set forth for text amendments in Chapter 158.
    3. The administrator may determine that a use is materially similar if the use is listed as within the same structure or function classification as the use specifically enumerated in the use matrix, as determined by the Land-Based Classification Standards ("LBCS") of the American Planning Association. In order to assist in interpretation of the use table, the LBCS numbers where applicable are enumerated. In interpreting the use table, the following rules of construction shall apply:
      1. If a use is listed for a specific classification, while a more general classification within the same industry classification is also listed for another use, the specific classification governs. The specific use is not permitted in all districts where the uses coded to the general classification are permitted simply because they share a similar LBCS code number. The numbers increase as the classifications get more specific.
      2. Some uses are listed separately but fall within the same LBCS classification. The uses within one such classification are not permitted in all of the zoning districts as the others simply because they fall within the same LBCS classification.
  3. Use Table Symbology. The following notations within the table of permitted use sets forth the manner by which certain uses may be permitted within the various districts set forth above.

    "P" denotes those uses that are permitted "by right."

    "—" denotes those uses that are not permitted within the given district.

    "S" denotes those uses that are permitted upon issuance of a special use permit in accordance with the provisions set forth in Chapter 158. Additional standards for certain uses requiring a special use permit are set forth in Chapters 154, 158, and 160.

    "*" denotes those uses that are permitted with additional standards, which are set forth in Chapter 154.

    P = Permitted

    S = Special Use

    PS = Permitted with Standards

    Dash (-) = Not Allowed

    Zoning Districts and Use Types

    Residential

    Mixed Use

    Commercial

    Rural R-0

    Low Density R-1

    Medium Density R-2 & Residential Conservation RC-1

    High Density R-3 & Residential Conservation RC-2

    Seasonal & Short Term R-4

    Soco MU1

    Moody Farm MU2

    General MU3

    Community Attraction MU4

    Central Business C1

    Gateway     
    C-2

    Dellwood
    C-3

    Residential

    Single Family Dwelling Unit: Stick Built/Modular

    P

    P

    P

    P

    -

    PS

    P

    PS

    P

    PS

    PS

    PS

    Two Family Dwelling: 2 Units or Duplex

    -

    -

    P

    P

    -

    PS

    P

    PS

    P

    PS

    PS

    P

    Multi-Family Town Homes

    -

    -

    P

    P

    -

    P

    P

    P

    P

    P

    P

    P

    Multi-Family Apartments

    -

    -

    -

    P

    -

    P

    P

    P

    P

    P

    P

    P

    Manufactured Home Class A Double/Triplewide

    P

    S

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    Manufactured Home Class B Singlewide

    P

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    Manufactured Home Parks

    S

    -

    -

    -

    S

    -

    -

    -

    -

    -

    -

    -

    Accessory Dwelling Units

    PS

    PS

    PS

    PS

    -

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    Home Occupations

    PS

    PS

    PS

    PS

    PS

    P

    P

    P

    P

    P

    P

    P

    Live-Work Units

    -

    -

    -

    -

    -

    P

    P

    P

    P

    P

    P

    P

    Family Care/Group Homes

    S

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    S

    Lodging

    Bed and Breakfast Inns

    -

    -

    -

    -

    -

    P

    P

    P

    P

    P

    P

    P

    Hotels, Motels, and Inns

    -

    -

    -

    -

    -

    P

    S

    P

    P

    P

    P

    P

    RV Parks and Campgrounds

    -

    -

    -

    -

    S

    -

    -

    -

    S

    -

    -

    -

    Commercial

    Appliance Sales and Services

    -

    -

    -

    -

    -

    P

    -

    P

    -

    P

    P

    P

    Auction companies

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    P

    Bakeries

    -

    -

    -

    -

    -

    P

    P

    P

    P

    P

    P

    P

    Bars and Night Clubs

    -

    -

    -

    -

    -

    P

    -

    P

    P

    P

    P

    P

    Breweries, Distilleries and Wineries 

    -

    -

    -

    -

    -

    P

    -

    P

    P

    P

    P

    P

    Convenience Store/Gas Station Minimart

    -

    -

    -

    -

    -

    S

    -

    S

    -

    S

    S

    S

    General Retail

    -

    -

    -

    -

    -

    P

    P

    P

    P

    P

    P

    P

    Grocery Stores

    -

    -

    -

    -

    -

    P

    P

    P

    P

    P

    P

    P

    Home Improvement/Materials Sales

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    PS

    Office supplies/equipment sales/services

    -

    -

    -

    -

    -

    P

    P

    P

    P

    P

    P

    P

    Pawn shops

    -

    -

    -

    -

    -

    P

    -

    P

    -

    P

    P

    P

    Restaurants

    -

    -

    -

    -

    -

    P

    P

    P

    P

    P

    P

    P

    Vehicle Related

    Automobile and RV Storage

    -

    -

    -

    -

    -

    -

    -

    S

    -

    -

    -

    S

    Automobile parking lots

    -

    -

    -

    -

    -

    S

    -

    S

    S

    S

    -

    -

    Bicycle Sales, Rentals, Repairs

    -

    -

    -

    -

    -

    P

    P

    P

    P

    P

    P

    P

    Car wash

    -

    -

    -

    -

    -

    P

    -

    P

    -

    P

    P

    P

    Vehicle/RV Sales/Rental

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    S

    PS

    Vehicle Service/Repair

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    PS

    Office/Service

    Animal Hospitals/Veterinarians

    -

    -

    -

    -

    -

    P

    P

    P

    -

    P

    P

    P

    Art and Photography studios

    -

    -

    -

    -

    -

    P

    P

    P

    P

    P

    P

    P

    Banks/Financial Centers

    -

    -

    -

    -

    -

    P

    -

    P

    -

    P

    P

    P

    Barber and Beauty shops

    -

    -

    -

    -

    -

    P

    P

    P

    -

    P

    P

    P

    Day Care Centers

    -

    -

    -

    -

    -

    P

    P

    P

    P

    P

    P

    P

    Dry cleaner

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    P

    Funeral Homes

    -

    -

    -

    -

    -

    P

    P

    P

    -

    P

    P

    P

    Government Services

    -

    -

    -

    -

    -

    P

    P

    P

    P

    P

    P

    P

    Gyms and Fitness Centers

    -

    -

    -

    -

    -

    P

    P

    P

    P

    P

    P

    P

    Kennels

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    S

    Laundromat

    -

    -

    -

    -

    -

    P

    P

    P

    -

    P

    P

    P

    Massage and Spas

    -

    -

    -

    -

    -

    P

    P

    P

    P

    P

    P

    P

    Opticians, Medical and Dental Offices

    -

    -

    -

    -

    -

    P

    P

    P

    -

    P

    P

    P

    Professional Services

    -

    -

    -

    -

    -

    P

    P

    P

    -

    P

    P

    P

    Sign painting/fabricating shops

    -

    -

    -

    -

    -

    P

    -

    P

    -

    P

    P

    P

    Manufacturing, Wholesale, Outdoor Storage

    Fabrication, woodworking, upholstery, etc.

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    PS

    Farm Machinery Sales/Service

    -

    -

    -

    -

    -

    -

    -

    S

    -

    -

    -

    PS

    Feed and Seed Stores

    -

    -

    -

    -

    -

    P

    P

    P

    -

    P

    P

    P

    Firewood Sales

    -

    -

    -

    -

    -

    -

    -

    PS

    -

    -

    -

    PS

    Flea Markets

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    S

    Heavy industry

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    S

    Landscaping/Construction Firms

    -

    -

    -

    -

    -

    -

    -

    PS

    -

    -

    -

    PS

    Light Industry, High-Tech manufacturing

    -

    -

    -

    -

    -

    S

    -

    S

    S

    S

    S

    S

    Manufactured Home Sales/Services

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    PS

    Mini-storage Units

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    PS

    Nurseries/Greenhouses

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    PS

    Rock/Mulch sales/supplies

    -

    -

    -

    -

    -

    -

    -

    PS

    -

    -

    -

    PS

    Salvage/Junk Yards

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    S

    Warehouse, Wholesale/Distribution

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    S

    Civic and Institutional

     

     

     

     

     

     

     

     

     

     

     

     

    Colleges, Vocational/Trade Schools

    -

    -

    -

    -

    -

    P

    P

    P

    P

    P

    P

    P

    Churches/Places of Worship

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    Civic Organizations

    -

    -

    -

    -

    -

    P

    P

    P

    P

    P

    P

    P

    Community Center

    -

    -

    -

    -

    -

    P

    P

    P

    P

    P

    P

    P

    Elementary/Secondary Schools

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    EMS, Fire, Police Stations

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    Emergency shelter/relief services

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    S

    Housing first, rapid/transitional housing

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    S

    Hospitals

    -

    -

    -

    -

    -

    P

    P

    P

    P

    P

    P

    P

    Libraries

    -

    -

    -

    -

    -

    P

    P

    P

    P

    P

    P

    P

    Museums and Art Galleries

    -

    -

    -

    -

    -

    P

    P

    P

    P

    P

    P

    P

    Retirement/Nursing Homes

    -

    -

    -

    -

    -

    P

    P

    P

    P

    P

    P

    P

    Entertainment and Recreation

     

     

     

     

     

     

     

     

     

     

     

     

    Amusement park

    -

    -

    -

    -

    -

    -

    -

    -

    P

    -

    -

    -

    Equestrian Centers/Stables

    -

    -

    -

    -

    -

    -

    S

    -

    P

    -

    -

    -

    Go Cart Track

    -

    -

    -

    -

    -

    S

    -

    S

    P

    S

    -

    -

    Golf Courses

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    Parks and playgrounds

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    Skating Rinks

    -

    -

    -

    -

    -

    P

    -

    P

    P

    P

    P

    P

    Ski/tubing resort

    -

    -

    -

    -

    -

    -

    -

    -

    P

    -

    -

    -

    Swimming Pools

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    Tennis Courts

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    Theaters

    -

    -

    -

    -

    -

    P

    -

    P

    P

    P

    P

    P

    Zoos and Aquariums

    -

    -

    -

    -

    -

    S

    -

    S

    P

    S

    -

    -

    Infrastructure

     

     

     

     

     

     

     

     

     

     

     

     

    Public Utilities/Distribution Facilities

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    Communication Facilities

    S

    S

    S

    S

    S

    S

    S

    S

    S

    S

    S

    S

    Misc. / Other Uses

     

     

     

     

     

     

     

     

     

     

     

     

    Adult Establishments

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    S

    Accessory Buildings/Uses

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    Temporary Uses

     

     

     

     

     

     

     

     

     

     

     

     

    Mobile Food Vendors

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    Real Estate Sales/ Contractor's Office

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    Yard Sales and Tailgate Market

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    PS

    PS

HISTORY
Amended by Ord. 1098 on 4/8/2024

1098