1. Adult establishments and sexually oriented businesses may be permitted provided that the establishment meets all the requirements set forth in the Sexually Oriented Business Ordinance, Chapter 112 of the Town Code. Additionally, this special use may not be located or operated within .25 mile or 1,320 feet of:
   1. A church, synagogue, mosque, or regular place of worship;
   2. A public or private elementary or secondary school;
   3. A public library;
   4. A boundary of any residential district;
   5. A public park or playground;
   6. A licensed day-care center;
   7. An entertainment business that is oriented primarily towards children; and/or
   8. Another adult establishment or sexually oriented business.
2. For the purpose of this chapter, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of any use listed in division (a) above.

The applicant must demonstrate to the Zoning Board of Adjustment by written and oral presentations, including necessary drawings and plans, how he or she will comply with the following:

1. Compliance with all federal, state, and local environmental regulations;
2. Compliance with parking regulations set forth in the Appearance Standards and Design Review in Chapter 155 of this ordinance;
3. No more than 90% of the allowable parking spaces may be occupied by vehicles repaired or awaiting repair. In no case shall a vehicle remain on the premises for more than 30 days;
4. No open storage shall be allowed of new or used parts including tires, sheet metal, batteries, cans, boxes, and the like;
5. No junked vehicles stored on lot (per Code Regulating Abandoned and Junked Vehicles; and
6. All repairs must be performed inside.

1. In recognition of the Telecommunications Act of 1996, it is the intent of the Town of Maggie Valley to allow communication providers the opportunity to locate towers and related facilities within its jurisdiction in order to provide an adequate level of service to its customers while protecting the health, safety, and welfare of the citizens of Maggie Valley and its ETJ. Wireless towers may be considered undesirable with other types of uses, most notably residential, therefore special regulations are necessary to ensure that any adverse effects to existing and future development are mitigated.
2. The following conditions must be met in addition to any applicable requirements set forth for the underlying zoning district:
   1. All telecommunication towers must be of a monopole design and construction. Towers of the lattice variety may be used if documentation is provided by the applicant that demonstrates that a monopole tower cannot adequately serve the area.
   2. It is the intent of the town to encourage providers to co-locate facilities in an effort to reduce the number of towers in Maggie Valley’s jurisdiction. Providers shall exhaust all potential co-location possibilities and provide documentation to that effect before the town considers any application. The town encourages providers to construct telecommunication towers such that additional telecommunication providers may be afforded the opportunity to co-locate facilities on the tower. The owners of the towers with co-location space shall negotiate in good faith with other provider’s space at a reasonable lease cost, and publicize the fact that space is available on a lease basis. The town further reserves the right to make co-location a condition of any tower permitted as a special use under the guidelines listed above. No tower may be located within 1,500 linear feet of an existing tower unless the applicant can prove that co-location is not a viable option.
   3. The maximum height of any tower is 125 feet unless documentation is provided to show a taller tower is required to meet minimal service levels.
   4. Where a telecommunication tower is proposed to be located on a lot with an existing nonresidential principal use, the tower should be located in the rear yard. If the principal use is residential, the tower must be located in the rear yard only.
   5. The Town of Maggie Valley recognizes that a tower cannot be prohibited, nor can a special use permit be denied on the basis of environmental or health concerns relating to radio emissions if the tower complies with the Federal Radio Frequency Emission Standards. The town requires that the applicant provide documentation proving that the proposed tower does comply with the Federal Radio Frequency Emission Standards.
   6. A minimum lot size as listed in the underlying zoning district is required. In addition, all setbacks required herein shall be met.
   7. In all districts, on all sides of the property, the minimum setback requirement shall be 150 feet or 2 feet for every 1 foot of actual tower height (i.e., a 150-foot tower would require a 300-foot setback), whichever is greater. If the applicant can document a reduced collapse area, then the setback shall be the greater of that distance or 150 feet.
   8. Wherever feasible, all accessory structures on the ground which contain switching equipment or other related equipment must be designed to closely resemble the neighborhood’s basic architecture, or the architecture and style of the principal use on the property. Every effort should be made to conceal a tower within all zoning districts.
   9. If a road needs to be constructed to a tower site, then the road must be constructed in accordance with the town’s minimum construction standards for city streets.
   10. Vegetative screening is required along all sides of the perimeter of the tower site. It will be the responsibility of the provider and/or the property owner to keep all landscaping material properly maintained in order to fulfill the purpose for which it was established. The owners of the property, and any tenant on the property where screening is required, shall be jointly responsible for the maintenance of all screening materials. The maintenance shall include all actions necessary to keep the screened area free of litter and debris, to keep plantings healthy, and to keep planting areas neat in appearance. Any vegetation that constitutes part of the screening shall be replaced in the event it dies. In addition, a 12-foot-high fence must be placed around the structure (between the structure and the screening).
   11. Freestanding signs are prohibited. Wall signs, limited to identification, are allowed on equipment structures or fences surrounding the telecommunication tower, provided signage does not exceed 9 square feet in size. Any signage must be included in the application for a special use permit.
   12. All towers shall be illuminated only as required by the Federal Communication Commission (FCC) and Federal Aviation Administration (FAA) and such illuminations in any district shall be directed toward the tower and/or equipment shelters to reduce the effect of glare.
   13. Towers and related facilities must be removed if abandoned (no longer used for its original intent) for a period greater than 90 consecutive days.
   14. Any replacement or improvement to an existing telecommunication tower, including if the tower is blown over or considered inoperable, requires the provider to apply for a new review and approval process by the Zoning Board of Adjustment. Normal maintenance and repair of the structure can be completed without the issuance of a new special use permit but will require a Zoning Permit to be issued at the discretion of the Town Planner.
   15. The provider must show proof of adequate insurance coverage for any potential damage caused by or to the telecommunication tower prior to the issuance of a special use permit.
   16. Outdoor storage of equipment or other related items is prohibited on a telecommunication tower site.
   17. Provider must notify the town of sale or lease of structure.
   18. All applications for a special use permit for a telecommunication tower must include the following information:
       1. Identification of intended provider(s);
       2. Documentation by a registered engineer that the tower has sufficient structural integrity to accommodate more than 1 user;
       3. A statement from the owner indicating intent to allow shared use of the tower and how others will be accommodated;
       4. Documentation that the telecommunication tower complies with the Federal Radio Frequency Emission Standards;
       5. Documentation that towers over 125 feet are necessary for a minimal level of service;
       6. Screening must be shown on the site plan detailing the type, amount, and location of plantings; and
       7. Documentation of collapse zones.
   19. All property owners within 500 feet of the must be notified with proposed tower height and design.

1. Only machinery for sale may be parked outside;
   
2. No open storage of parts; and
3. No outside repairs.

1. Structures must be totally enclosed (a garage or sliding doors to “open” the area to the outside will be allowed);
2. All buildings will be permanent and meet all building related codes;
3. Public restrooms must be provided;
4. At least 2 off-street parking spaces (9 feet by 18 feet, plus necessary access space) shall be provided per individual display area or booth;
5. Prior to being granted a special use permit, the owner of the facility shall provide a plan showing the lot dimensions, the building dimensions, and the number of parking spaces. A sketch representing the building’s front appearance and adherence to the requirements of Chapter 155: Appearance Standards is also required; and
6. Any other information deemed appropriate by the Zoning Board of Adjustment.

1. No major repair work is allowed including complete engine rebuilding, removing bodies from cars, and the like;
2. All repairs must be performed inside;
3. No junked vehicles, parts, or tires are allowed to be stored on the lot;
4. No open storage of new or used parts is permitted;
5. Gasoline pumps shall be located at least 12 feet behind the property line or street right-of-way line, whichever is greater;
6. All buildings shall be located at least 40 feet from any street right-of-way line. All canopy overhangs shall be at least 6 feet from the property line or the street right-of-way line, whichever is greater; and
7. All storage or pumping tanks containing gasoline, diesel fuel, kerosene, or similar combustible materials (except for screened propane tanks meeting N.F.P.A. standards), shall be underground except those tanks of 1,000 gallons or less; provided that they are screened from public view. Above-ground use of gasoline tanks may continue for a period of one year from the date of installation of the tank. All buried tanks shall be installed and maintained in compliance with all N.F.P.A. standards and safety codes.

Customary home occupations, clearly incidental and subordinate in use to the residential purposes, shall be conducted by no person(s) other than the members of the family residing on the premises. No change in the outside appearance of the premises, or other visible evidence of the conduct of the home occupation shall be made, except that 1 sign may be permitted in accordance with the standards established for home occupations in Chapter 157: Signs.

1. No equipment or process shall be used in the home occupations which creates noise, vibration, fumes, odors, or electrical interference detectable to the normal senses off the premises in use.
2. No traffic shall be generated by the home occupation in greater volumes than would normally be expected in a residential neighborhood.

1. There shall be no more than 8 manufactured homes per acre;
2. No manufactured homes or other structures within a manufactured home park shall be closer to each other than 25 feet;
3. There shall be at least 2 off-street parking spaces for each manufactured home. These spaces shall be provided on the same site as the manufactured home served;
4. No manufactured home or other structure shall be located closer than 50 feet to the exterior boundary of the manufactured home park or a bounding street or highway right-of-way;
5. A densely planted buffer strip, consisting of evergreen trees or shrubs shall be located along all sides of the manufactured home park. The buffer strip shall not be less than 4 feet in width and shall be composed of trees or shrubs of a type which at maturity shall be not less than 6 feet in height. This planting requirement may be modified by the Zoning Board of Adjustment where adequate buffering exists in the form of fencing, vegetation, and/or terrain;
6. All manufactured home parks shall be served by a public sewage collection and treatment system and shall meet the requirements of the North Carolina Plumbing Code. Any manufactured home park not served by a public sewage system must be approved by the Haywood County Health Department;
7. Manufactured home park owner is responsible for containers, stands, and the collection of all garbage and trash if municipal service is not available;
8. The manufactured home stand shall be improved to provide adequate support for the placement and tie-down of the manufactured home. The stand shall not heave, shift, or settle unevenly under the weight of the manufactured home due to frost action, inadequate drainage, vibration, wind, or other force activity on the structure;
9. All manufactured homes shall be underpinned;
10. All streets within a manufactured home park shall conform to town street standards and shall be maintained in such a manner as to be safe and passable at all times;
11. Accessory buildings or structures, provided such shall be permitted only in a rear yard and shall be not less than 10 feet from any property line, and further provided that the buildings or structures shall be set back at least 20 feet from any side or rear street right-of-way line; and
12. Minimum 100 feet lot depth measured perpendicular to street right-of-way.

Travel trailer parks (RV parks), camping cabins, and recreational vehicle campgrounds shall include time-share arrangements. No site may be constructed or rented until the Planning Board has approved a preliminary plat that satisfies the provisions of this ordinance.

1. Site requirements.
   1. The premises shall be kept free of accumulations of refuse and debris. Permanent and semi-permanent structures in any travel trailer/RV park shall be located 25 feet apart. No permanent or semi-permanent structures shall be constructed or attached on any rental site, except for camping cabins.
   2. Each site shall be a minimum of 25 feet in width. Sites shall be clearly and uniformly marked and designated with the designation by the roadway. Whenever the Haywood County Watershed Protection Ordinance requires a larger site size the watershed requirements shall prevail. Doubling or allowing more than 1 tent, travel trailer, truck coach, camper, or pop-up camper per site at the same time shall be prohibited.
   3. The ratio of toilet, lavatory, urinals, and bathing facilities for occupants of organized travel camps for private tents, not self-contained travel trailers, not self-contained tent campers shall be as follows and shall be provided in a service building or buildings located on the property. Where more than 100 sites or spaces are proposed there shall be provided 1 additional toilet and lavatory for each sex for each additional 30 sites and 1 additional bathing facility for each sex for each additional 30 sites or spaces.
      
      

      Number of Sites	Toilets	Urinals	Lavatories	Bathing
      1-15	Men 2	Men 2	Men 2	Men 2
      	Women 2		Women 2	Women 2
      16-30	Men 2	Men 2	Men 3	Men 2
      	Women 3		Women 3	Women 2
      31-45	Men 3	Men 2	Men 4	Men 2
      	Women 3		Women 4	Women 2
      46-60	Men 3	Men 3	Men 4	Men 3
      	Women 4		Women 4	Women 3
      61-80	Men 4	Men 3	Men 5	Men 3
      	Women 5		Women 5	Women 3
      81-100	Men 4	Men 3	Men 5	Men 4
      	Women 5		Women 5	Women 4

   4. All toilets, lavatories, and bathing facilities shall be maintained in a state of good repair and shall be kept clean at all times. Toilets, bathhouses, and/or service buildings should be located and distributed so that no habitable permanent and semi-permanent structure, tent, camper or truck coach, travel trailer and tent camper will be more than 300 feet from the facilities.
   5. All garbage and refuse shall be stored in durable, water-tight, rust-resistant, rodent proof, fly-proof containers with tight properly fitting covers. All containers and covers shall be maintained in a state of good repair and should be cleaned and sanitized each time they are emptied. Each container should not be of more than 30 gallon capacity with an adequate number of containers to be provided. Concrete or pressure treated wood platforms, racks, or holders shall be of such design as to prevent tipping, minimize spillage and container deterioration, and facilitate cleaning.
   6. All garbage and refuse shall be collected and disposed of at least once per week, and as often as necessary, to prevent overflow of available containers and the creation of a nuisance.
   7. All electrical installation and wiring shall be maintained in good repair and shall comply with all local and state codes and/or National Electrical Code. All permanently connected extension cords of electrical wiring on the ground shall be prohibited.
   8. No dogs, cats, or other domestic animals shall be permitted to run at large.
   9. Each travel trailer/RV park when in operation shall maintain at least one competent attendant or caretaker whose duty shall be to maintain the facilities and equipment in a clean, orderly, and sanitary condition and in a state of good repair.
   10. The driveways/roads shall be maintained in such a manner as to be safe and passable at all times. All vehicle parking must be in designated parking areas or within the site. Parking in the road is prohibited.
   11. Travel trailer/RV parks must comply with setbacks for the district on all 4 sides. A stone or natural native vegetation buffer zone, or a combination thereof, 6 feet high shall be placed along any highway frontage and be maintained at a minimum of 6 feet and a maximum of 12 feet in height. Exits and entrances (only 1 each) through the buffering may each be 25 feet in width for a total not to exceed 50 feet.
2. Sketch plan. A sketch plan for proposed travel trailer/RV parks is requested for the Town Planner’s review prior to the pre-application conference.
3. Pre-application procedure. Every Travel Trailer/RV Park applicant is required to meet with the Town Planner in a pre-application conference prior to the submittal of an application and completed site plans. The purpose of this conference is to provide clarification and assistance in the preparation and submission of required plans for approval. The Town Planner shall discuss with the applicant any problems found from review of the sketch plan that would need to be addressed prior to submittal of a travel trailer/RV park application and site plan.
4. Preliminary plat.
   1. Generally. For all travel trailer/RV parks, the owner/developer shall submit 4 copies of a preliminary plat containing all required information to the Town Planner. At the time of submission of the preliminary plat, the owner/developer shall pay the fee as established by the town.
   2. Contents required. The preliminary plat shall be clearly and legibly drawn at a scale of 100 feet to 1 inch or at another scale acceptable to the Town Planner. The preliminary plat shall be prepared by a registered land surveyor currently licensed and registered in the State of North Carolina by the North Carolina Board of Registration for Professional Engineers and Land Surveyors, and shall contain the following information:
      1. Boundaries of tract shown with bearings, distances, and closures;
      2. Proposed streets;
      3. Location of storm drainage channels;
      4. Easements shall be provided for all utilities. Access to open or piped storm drainage channels shall be guaranteed to the town by granting an easement no less than 20 feet wide (to be shown on plat);
      5. Proposed site lines, site and block numbers, and dimensions;
      6. Proposed minimum building setback lines;
      7. Title, date, name, and location of travel trailer/RV park, north point, and graphic scale;
      8. Name of owner/developer, registered surveyor, and seal;
      9. No person shall initiate any land disturbing activity which uncovers more than one contiguous acre within the proposed travel trailer/RV park without having an erosion control plan approved by the Land Quality Section of the North Carolina Department of Environment and Natural Resources. Written documentation of the approval shall accompany the preliminary plat;
      10. Site data: acreage in total tract, total number of sites, and smallest site size;
      11. Plans for public water and sewer utilities shall be submitted with the preliminary plat. For water and sewer utilities, approval by the appropriate utility shall be indicated on the plans.
      12. Designation of any identified flood hazard area;
      13. There shall be a 25-foot buffer zone adjacent to Jonathan Creek and Campbell Creek, or any other Trout-fed stream, and a 20-foot buffer zone adjacent to any tributary with year around flow as designated on U.S.G.S. maps. The buffer zone shall be composed of grasses and similar vegetative materials and shall be measured from the top of the creek bank. No permanent improvements shall be located in the buffer zone; and
      14. A description of proposed means for reseeding and soil stabilization of any disturbed area.
   3. Town staff review procedure. The Town Planner shall review for compliance with this chapter and other ordinances of the town to assure that adequate public utilities and services are available and public safety is met. The Town Planner shall meet with any agency or officials deemed necessary to adequately review the plat and shall complete the review within 14 days after submittal. If all applicable provisions of this and other town ordinances and regulations are met, the Town Planner shall submit the plat to the Planning Board. If all applicable provisions are not met, the plat shall be returned to the applicant with deficiencies noted.
   4. Planning Board review procedure. First consideration of the preliminary plat shall be at the next regularly scheduled meeting of the Planning Board that follows at least 7 days after the Chairman or his or her designee has received notification of submittal from the Town Planner. The Planning Board shall take action within 35 days of receiving the preliminary plat. Before taking final action on the preliminary plat, the Planning Board may refer copies of the plat and any accompanying material to those public agencies concerned with new development, provided that the Planning Board may extend the 35-day review period if within the time period it has not received information it deems necessary for a thorough review of the plat. Approval of the preliminary plat shall be valid for 1 year unless a written extension is granted by the Planning Board on or before the 1-year anniversary of the approval. If the final plat is not submitted for approval within the 1-year period or any period of extension, then the approval of the preliminary plat shall be void.
5. Begin construction. Upon approval of the preliminary plat by the Planning Board, the owner/developer may proceed with preparation of the final plat and the installation of or arrangements for roads, utilities, and other improvements as specified in the approved preliminary plat.
6. Final plat.
   1. Generally. No final plat for a travel trailer/RV park will be considered unless it has been preceded by a preliminary plat approved by the Planning Board. No final plat will be considered unless and until the owner/developer shall have installed in that area represented on the final plat all improvements required by this chapter as specified in the approved preliminary plat. The owner/developer shall submit 4 copies and 1 original of the final plat to the Town Planner.
   2. Contents required. The original of the final plat shall be at a scale of 100 feet to 1 inch, or at another scale acceptable to the Town Planner, and shall conform substantially to the preliminary plat as approved. The plat shall conform to the provisions of G.S. § 47-30, as amended. The final plat shall be prepared by a registered land surveyor currently licensed and registered by the State of North Carolina by the North Carolina Board of Registration for Professional Engineers and Land Surveyors, and shall show the following information:
      1. Travel trailer/RV park name, north arrow, scale denoted graphically and numerically, date of plat preparation, and township, county and state in which the travel trailer/RV park is located; and the name(s) of the owner/developer(s) and the registered surveyor (including the seal(s) and registration number(s));
      2. The exact boundary lines of the tract to be subdivided fully dimensioned by lengths and bearings, and the location of intersecting boundary lines of adjoining lands;
      3. The names and deed references (when possible) of owners of adjoining properties;
      4. All visible and apparent rights-of-way, watercourses, utilities, roadways, and other such improvements shall be accurately located where crossing or forming any boundary line of the property shown;
      5. Sufficient engineering data to determine readily and reproduce on the ground every straight or curved boundary line, street line, site line, right-of-way line, easement line, and setback line, including dimensions, bearings, or deflection angles, radii, central angles, and tangent distances for the centerline of curved streets and curved property lines that are not the boundary of curved streets;
      6. The accurate locations and descriptions of all monument markers and control points;
      7. The blocks numbered consecutively throughout the entire travel trailer/RV park and the sites numbered consecutively throughout each block;
      8. Minimum building setback lines; and
      9. The location and width of all adjacent streets and easements. The location and dimensions of all rights-of-way, utility, or other easements.
   3. Staff review and approval. Upon receipt of the final plat the Town Planner shall review it for compliance with this chapter and other ordinances and regulations of the town. The plat shall be accompanied by written approval from the appropriate agencies that all streets and water and sewer utilities have been installed in accordance with all required specifications, unless a guarantee of such installations has been arranged in accordance with § 156.10. Upon receipt of the written approvals, the Town Planner shall sign a “Certificate of Approval of the Installation and Construction of Streets, Utilities, and Other Required Improvements.” The Town Planner shall meet with any person or agency deemed necessary for adequate review of the plat and shall complete the review within 14 days after submittal. If all applicable requirements of this chapter are met the Town Planner shall approve the plat and submit it to the Planning Board. If all applicable requirements of this chapter are not met, the Town Planner shall disapprove the plat and return it to the applicant with deficiencies noted.
   4. Planning Board Review. Upon approval by the Town Planner, the final plat shall be submitted to the Planning Board. First consideration shall be at the next regularly scheduled meeting that follows at least 7 days after submission. The Planning Board shall make a determination of approval or disapproval of the final plat at its first consideration or at any regular or special meeting within 35 days of the plat’s first consideration. The Board may extend the review period if it deems necessary in order to obtain additional information necessary for a thorough review of the plat.
7. Surface water runoff.
   1. Any property owner/developer, individual, business, or corporation grading lands or making improvements within the town limits of Maggie Valley, North Carolina, will be required to submit information prepared by a registered engineer or a registered land surveyor sufficient for the town to adequately review the existing and proposed drainage for the project.
   2. This information must include a plat of the property showing a metes and bounds survey, existing and proposed sub-surface drainage facilities, estimated increased surface drainage following project completion and plans for transfer and disposal of the additional drainage resulting from the development. No building permit will be issued until this information has been submitted, analyzed and the town is confident that the drainage will not result in damage to adjacent properties or violate North Carolina General Statutes that prohibit illegal transfer of water from 1 drainage area onto another.
   3. The purpose of this chapter is to protect the property owner/developers within the town limits from unplanned construction, inexperienced developers, and others that are not aware of the shallow water table throughout the town and the increasing difficulties in protecting property rights and our existing drainage facilities.
   4. This chapter does not relieve the applicant of his or her responsibility to obtain additional permits as required under the Sedimentation Pollution Control Act of 1973, G.S. Chapter 113A, Article 4.
8. Suitability of land. Where land to be platted is found by the Planning Board to be subject to the conditions of flooding, improper drainage, severe erosion, slides, or to have other characteristics which pose an ascertainable danger to health, safety, or property, the subdivider shall take measures necessary to correct the conditions and to eliminate the dangers.
9. Water and sewer systems.
   1. The preliminary travel trailer/RV park plat must be accompanied by satisfactory evidence as to the proposed method and system of water supply and sanitary sewage collection and disposal. Where feasible, connections shall be made to the water system owned by the Maggie Valley Sanitary District and the sewer system owned by the Town of Maggie Valley. The installation of all the systems except wells or septic tanks serving only 1 connection shall be required prior to final plat approval unless financially guaranteed according to § 156.10. The systems may be owned and operated by a public or private entity.
   2. Any well or septic tank serving only 1 connection shall be approved by the Haywood County Health Department. For all new systems or expansion of existing systems serving 2 or more connections, approval shall be according to state statutes. The preliminary plat shall be accompanied by written assurance from the developer that plans for the new or expansion of existing systems have been approved by the appropriate state and/or local agencies. If the developer wishes to install the new or expanded systems prior to final plat approval, then submission of the final plat shall be accompanied by written approval of the installation of the systems by the appropriate state and/or local agencies. Prior to final plat approval, if the developer wishes to financially guarantee the installation of the systems, then submission of the final plat shall be accompanied by written approval of plans for the systems from the appropriate state and/or local agencies.
10. Sedimentation control. In order to prevent soil erosion and sedimentation pollution of streams, springs, flat water bodies, or other drainage networks, and when there are plans for a land disturbing activity of 1 acre or more, the owner/developer shall show proof with the preliminary plat of an erosion and sedimentation control plan which has been approved by the state agency having jurisdiction in accordance with the North Carolina Administrative Code, Title 15, as adopted by the North Carolina Sedimentation Commission, 1-11-1978, as amended.
11. Building setback lines. Any required building setback lines and building heights shall be in accordance with this chapter.
12. Violations. After the effective date of this chapter, any person who, being the owner/developer or agent of the owner/developer of any land located within the territorial jurisdiction of this chapter, thereafter subdivides his or her land in violation of this chapter or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a travel trailer/RV park of the land before the plat has been properly approved under the terms of this chapter shall be guilty of a misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The town may bring an action for injunction of any illegal travel trailer/RV park, transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with the travel trailer/RV park ordinance.
    1. Existing travel trailer/RV parks that were in existence at the time of the ordinance, 10- -1998, will be considered conforming uses and will be allowed to expand within their boundaries as their boundaries existed on that date.
    2. Provided, however, that the expansion is limited to a maximum of 15% of the entire park as it existed on the date of the ordinance.
    3. Provided, further, that all newly expanded sites shall comply with division (A) above and be permitted by the Town of Maggie Valley’s Zoning Board of Adjustment.
    4. If any existing travel trailer/RV park wishes to expand further than the “15%” rule, they may do so up to a maximum of 25% of the entire park with Zoning Board of Adjustment approval, and so by having the entire travel trailer/ RV park comply with all requirements of this chapter.
    5. Existing travel trailer/RV parks shall expand only once unless given approval for further expansion by the Zoning Board of Adjustment.
    6. Setbacks may be reduced on a case by case basis in accordance with the provisions of § 158.09 (C). The Zoning Board of Adjustment shall act upon the written request and justification of the applicant. A request submitted at least 10 days prior to a regularly scheduled meeting shall be acted upon at that meeting.

1. Limited to three (3) consecutive days of operation.
2. Must be operated on the premises of the long-term renter or owner with that individual present at all times, or with written consent of the property owner.
   
3. No fixtures or devices on which outdoor merchandise is displayed shall be attached to the sidewalk, public utilities, or other public areas without the permission of the Town of Maggie Valley. Outdoor merchandise areas shall not be permitted within 5 feet of the sidewalk or within 3 feet of a roadway entrance or exit of the subject parcel.
4. All merchandise located within an outdoor merchandise area shall be placed so that the outdoor merchandise and the fixtures or devices on which the merchandise is displayed are stable and not easily tipped and shall not be hazardous to the public.
5. Outdoor merchandise areas shall not contain dangerous or exotic animals: i.e., snakes, pit bulls, rottweilers, or Doberman pincher dogs, or any other animal considered by the Code Enforcement Officer to be a danger/nuisance to the public, and the like.
6. Nonprofit organizations may conduct outdoor sales on any property with written consent of the property owner.
7. This section does not apply to events held on the Festival Grounds, also all promotional events refer to the special events ordinance.

Public utilities and distribution facilities such as transformer stations, pumping stations, water towers, and telephone exchanges, provided the following conditions are met:

1. The facilities are essential to the service of the immediate area;
2. No vehicles or materials shall be stored on the premises, and no offices shall be permitted;
3. All structures shall be set back at least 30 feet from all property lines or rights-of-way and enclosed by a woven wire fence at least 8 feet in height, and screened from public view (this requirement may only be modified by the Zoning Board of Adjustment);
4. The entire lot shall be properly landscaped to blend with the surrounding area.

1. No vehicle shall be parked as to impede the pedestrian or vehicular traffic flow. Vehicles shall be setback at least 5 feet from the property line or the street right-of-way line, whichever is greater;
2. All vehicles must display a valid North Carolina registration;
3. No repair shall be conducted on the premises;
4. There shall be no outside storage of parts;
5. There shall be no less than 200 square feet of display area per vehicle parked on the lot for the purpose of sale; and
6. There shall be no vehicles sold other than automobiles, motorcycles, light or heavy duty trucks, RVs, and boats.

Recreational vehicles may be used on developed commercial or residential lots with a principal structure, provided that:

1. Only 1 recreational vehicle on a residential lot and no more than 2 recreational vehicles on a commercial lot shall be used other than at RV Parks and Campgrounds meeting the standards of 154.09;
2. Recreational vehicles may only be used (a recreational vehicle is considered used when a person sleeps overnight or utilizes the bathroom and kitchen facilities) on a temporary basis not to exceed 1 month unless in a RV Park or Campground meeting the standards of 154.09; and
3. Recreational vehicles shall not be used as a permanent dwelling (a permanent dwelling is considered a person’s usual place of residence or if they have no usual place of residence elsewhere) or single-family residence as they are designed as temporary living quarters for recreational, camping, travel, or seasonal use; and
4. Recreational vehicles must be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no permanently attached additions); and
   
5. In accordance with the North Carolina Department of Insurance Office of State Fire Marshal, Recreational Park Trailers constructed in accordance with ANSI A119.5, Recreational Park Trailer only labeled as a Recreational Park Trailer under the Recreational Park Trailer construction program of the Recreational Vehicle Industry Association (RVIA), cannot be accepted as a permanent dwelling structure in North Carolina. However, sometimes manufacturers will dually label their Recreational Park Trailers by constructing them through the RVIA program and also through the NC Modular Construction Program or the HUD Manufactured Housing program, dual labeling the unit for each respective program. Labeled Recreational Park Trailers that are also constructed and dual labeled in accordance with the NC Modular Construction Program may be permanently installed as a single-family modular dwelling in accordance with the NC Residential Code provided the installation meets the current NC Code’s foundation/anchoring requirements and meets the local zoning ordinances. This is acceptable because the unit is dual labeled with a North Carolina Modular Construction Validating Stamp as a modular dwelling unit. Labeled Recreational Park Trailers that are also constructed and dual labeled in accordance with the Federal Manufactured Housing Construction and Safety Standards as a single family (HUD) manufactured home may be permanently installed as a single-family manufactured home dwelling in accordance with the State of North Carolina Regulations for Manufactured Homes provided the installation meets the foundation/anchoring requirements of these regulations and the local zoning ordinances. This is acceptable because the unit is dual labeled with a HUD manufactured housing label.
   

(Ord. 265, Ch. 1, passed 9-18-2001)