Mills River City Zoning Code
AMENDMENTS
§ 154.195 AUTHORITY OF MILLS RIVER TOWN COUNCIL.
This chapter, the Official Zoning Map of the Town of Mills River, and the Town’s adopted comprehensive plan, including the future land use vision map,
be amended by the Mills River
upon a majority vote on first reading and in accordance with the provisions of this chapter.
(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 2021-06, passed 4-22-2021; Am. Ord. 2023-04, passed 9-14-2023)
§ 154.196 INITIATION.
(A) The text of this chapter, the Official Zoning Map of the Town of Mills River, the adopted comprehensive plan, and the future land use vision map
be amended in order to:
(1) Correct an error or clarify statements or boundaries;
(2) Change the regulations in the text;
(3) Apply zoning to previously unzoned areas of the town; or
(4) Change the zoning or future land use designation of an area.
(B) Zoning map amendment. Except as provided in § 154.067, proposed changes or amendments to the Official Zoning Map of the Town of Mills River be initiated by the Mills River , the Planning Board, the Zoning Board of Adjustment, the Town Manager, or 1 or more of within the area proposed to be changed or affected, as applicable.
(C) Zoning text amendment, comprehensive plan amendment, or future land use vision map amendment. Proposed changes or amendments to this chapter, to the comprehensive plan, or to the future land use vision map be initiated by the Mills River , the Planning Board, or the Town Manager. One or more of within town limits, including designated agents and legal counsel representing , petition for an amendment to this chapter, to the comprehensive plan, or to the future land use vision map, only after holding a pre-application conference with to determine the acceptability of the proposed amendment.
(l) Pre-application conference required. Prior to submission of an application for an amendment to the zoning ordinance, the comprehensive plan, or the future land use vision map by a Mills River (s), the applicant arrange a pre-application conference with , coordinated by the .
(2) The applicant
submit to the
a description of the proposed amendment. The description shall identify sections proposed for amendment and include draft language or proposed changes.
(3) The pre-application conference with
is designed to inform the applicant of the town regulations and policies concerning amendments and potential compatibility or incompatibility with the town's adopted comprehensive plan. The pre-application conference is also meant to inform the town of the applicant's intentions.
has the authority to allow or deny the
initiated amendment to continue through the amendment process. An amendment initiated by 1 or more
in Mills River
proceed with submitting a formal amendment application only upon a majority vote from
authorizing such during the pre-application conference.
(4) Upon positive direction from
to proceed with the amendment process, the applicant
submit to the
a written application for an amendment, with the applicable fee as identified in the most recent Town of Mills River fee schedule.
(D) When considering any zoning text or map amendment, or comprehensive plan, or future land use vision map amendment, all proposed changes
be reviewed by the Planning Board, but only after a pre-application conference with
for amendments initiated by 1 or more
of
in Mills River. All changes approved or denied by
include a statement describing whether its action is consistent or inconsistent with the town's adopted comprehensive plan, per G.S. 160D-605(a). If a zoning map amendment is adopted and the action was deemed inconsistent with the future land use vision map and comprehensive plan, the zoning amendment
have the effect of also amending the future land use map in the approved comprehensive plan, and no additional request or application for a comprehensive plan amendment
be required.
(E) When adopting or rejecting any petition for a zoning map amendment, a statement analyzing the reasonableness of the proposed rezoning
be approved by the
, per G.S. 160D-605(b). This statement of reasonableness
consider, among other factors: (i) the size, physical conditions, and other attributes of the area proposed to be rezoned; (ii) the benefits and detriments to the
, the neighbors, and the surrounding community; (iii) the relationship between the current actual and permissible
on the tract and adjoining areas and the development that would be permissible under the proposed amendment; (iv) why the action taken is in the public interest; and (v) any changed conditions warranting the amendment. If a zoning map amendment qualifies as a “large-scale rezoning” under G.S. § 160D-602(b), the governing board statement on reasonableness
address the overall rezoning.
(F) Down-zoning. No zoning text or map amendment that down-zones be initiated nor is it enforceable without the consent of all whose is the subject of the down-zoning amendment, unless the down-zoning amendment is initiated by the Town of Mills River. For the purposes of this section, "down-zoning” means a zoning ordinance that affects an area of land in 1 of the following ways: (i) by decreasing the of the land to be less dense than was allowed under its previous usage; or (ii) by reducing the permitted uses of the land that are specified in the town zoning to fewer uses than were allowed under its previous usage, per G.S. 160D-601(d).
(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 2021-06, passed 4-22-2021; Am. Ord. 2021-18, passed 11-18-2021; Am. Ord. 2022-18, passed 12-8-2022; Am. Ord. 2023-04, passed 9-14-2023)
§ 154.197 APPLICATION.
(A) Text amendment, comprehensive plan amendment, or future land use vision map amendment. In order for a person authorized by § 154.196 to initiate an amendment, a pre-application conference must be held with
, as described in § 154.196(C), coordinated by the
. If the petitioner receives approval from
during the pre-application conference to proceed with the amendment process, an application accompanied by the application fee
be submitted to the Mills River Town Hall at least 30 days prior to the date of the Planning Board meeting at which the application is to be considered for a recommendation. The application
contain the name(s) and address(es) of the applicant(s), a copy of the proposed change and a statement from the applicant(s) which explains the purpose for the amendment.
(B) Zoning map amendments.
(1) Conventional rezoning. In order for a person authorized by § 154.196 to initiate a change to the Official Zoning Map, from 1 base district to another, an application accompanied by the application fee be submitted to the Mills River Town Hall at least 30 days prior to the date of the Planning Board meeting at which the application is to be considered for a recommendation. The application contain the name(s) and address(es) of the (s) of the in question, the location of the proposed to be rezoned, a list of the name(s) and address(es) of the (s) of abutting the in question as shown on the Henderson County tax listing, a description of the present and proposed zoning district, and a statement describing the consistency of the request with the adopted town comprehensive plan and land use vision map. All applications requesting a change in the Official Zoning Map shall include a description of the in question sufficient to unequivocally describe and identify the . The description take the form of a survey, a legal description or a legible copy of a Henderson County cadastral or composite Tax Map clearly annotated with district lines which follow political boundaries, geographical features or lines.
(2) Conditional rezoning. In order for a to initiate a change to the Official Zoning Map to create a conditional zoning district, an application accompanied by the application fee, and a preliminary master plan or final master plan be submitted to the Mills River Town Hall at least 60 days prior to the date of the Planning Board meeting at which the application is to be considered for a recommendation.
(a) Required supplemental materials for preliminary or final master plans.
1. Site Masterplan (Preliminary or Final).
2. Name of
.
3. Timetable including all phases.
4. List of proposed
conditions.
5. Location of flood hazard areas, buffer zones, watershed districts, jurisdictional wetlands or similar.
(b) Requirements for preliminary masterplans.
1. The location of proposed
, parking and loading areas,
, alleys,
,
,
or other open spaces,
lines and
with
dimensions, and tentative
dimensions.
2. The traffic and circulation system demonstrating a safe and adequate on-site transportation system that addresses vehicular, bicycle, and pedestrian circulation.
3. The proposed limits of construction for all proposed
activity, including all required protected areas and open space.
4. A statement from the appropriate utility providers regarding the availability of adequate water and sewer capacity for the proposed
.
5. Landscape plan.
6. Architectural plans.
7. Traffic impact analysis (if required).
8. Stormwater management plan.
9. Watershed compliance plan.
10. Conceptual utilities plan including water, wastewater, and other utilities.
(c) Requirements for final masterplan.
1. Items 1-10 in § 154.197(B)(2)(b).
2. The boundary, as determined by survey, of the area to be subdivided with all bearings and distances shown and the location within the area, or contiguous to it, of any existing
, railroad lines, water courses,
, bridges, floodplains, or other significant features of the tract.
3. Scale in feet denoted both graphically and numerically with north arrow and declination.
4. A sketch vicinity map at a scale no smaller than 1 inch equals 1,200 feet showing the relationship between the proposed subdivision and surrounding area.
5. Existing topography and finish grading with contours drawn at 2-foot intervals. This requirement
be waived for
where insufficient topographic changes warrant such information.
6. The proposed names of the
and
, the
name and address,
of the
or
duly authorized agent, the surveyor's name, the names of existing and proposed adjoining subdivisions or
, the names of the city,
, and
in which the
is located, the date of preparation, and the zoning classification of the tract to be developed and of adjoining properties.
7. Proposed
lines,
and block numbers, and exact dimensions.
8. The future ownership (dedication or reservation for public use to a governmental body; for
to duly constituted home
' association, for tenant's remaining in subdivider's ownership of recreation and open space lands).
9. The plans for utility layouts, including sanitary sewers, storm sewers, and water lines, illustrating connections to existing systems, and approval from the utility provider for the system including new connections.
10. The location and size of all utility lines,
, and rights-of-way.
11. The location of proposed
, parking and loading areas,
, alleys,
,
or other open spaces, reservations (e.g.,
sites),
lines and
with
dimensions, tentative
dimensions, and the location of any
restriction areas (e.g., flood hazard areas, watershed protection districts, and/or jurisdictional wetlands).
setbacks are measured from the
line to the closest point of the
, including gutters and roof overhangs.
shown for the purpose of measuring setbacks must reflect these elements when applicable.
12. Site calculations
include total acreage of tract, acreage in
and other nonresidential uses, total number and acreage of parcels, the total number of housing units, area of all mixed-use and nonresidential
, gross project
per acre, linear feet of
, and the accurate locations and descriptions of all monuments, markers, and control points.
13. The location and dimensions of all off-
parking and loading spaces, and walkways indicating the type of surfacing, size, angle of stalls, width of aisles, and a specific parking plan showing parking provided for the proposed uses and
with parking ratios.
14. Typical cross sections of proposed
showing rights-of-way, pavement widths, grades, and design engineering data for all corners and curves.
15. The location of any existing or proposed demolition
in the site. Such sites
not be used for
.
16. A copy of the full soil erosion and sedimentation
application and any US Army Corps of Engineers
applications, including forms, plans, and calculations to be submitted to the North Carolina Department of Environmental Quality-Erosion and Sediment Control Office. A copy of the approval letter
be provided prior to zoning
approval and construction.
17. Final proposed elevations of all non-single-
and
proposed for construction as part of the
approval. Subsequent buildings within the
be handled as separate
. Such elevations
include all facades.
(d) Conditions. Per G.S. 160D-703(b), specific conditions be proposed by the applicant and/or the Town of Mills River, but only those conditions approved by the Town of Mills River and consented to by the applicant in writing be incorporated into the conditional zoning district ordinance. Conditions and site-specific standards imposed in a conditional district be limited to those that address conformance of the and use of the site to Town of Mills River ordinances, existing standards, the Making Mills River 2040 Comprehensive Plan or any amendments thereto, or the impacts reasonably expected to be generated by the proposed or use of the subject .
(e) Modification of final approval. Minor modifications of conditional district site plans approved by the Mills River , be considered and approved by the Town Manager or , as long as the requested modification does not involve a change in permitted uses, change in of the , change in roadway layout or transportation access points, or significant changes in locations, or other major site characteristics, and does not increase the impacts generated by the on traffic, stormwater runoff, or similar impacts beyond what was projected for the original approval.
1. Minor modifications
be granted for the reduction or adjustment of up to 10% of the required parking, landscaping,
set-backs, or change in
dimensions or
. Any minor modification must meet all other Town ordinance requirements. Minor modifications
only be granted for just cause and are only intended to provide relief based upon a unique physical attribute of the
or some other factor unique to the
which was not known at the time of approval and which has subsequently rendered the
difficult or impossible to develop or use due to the conditions imposed.
2. The
holder
bear the burden of proof to secure the modification. Any other modification of the conditions and standards in the conditional district
be considered a major modification and
follow the same process for the original approval of the conditional district. If multiple parcels of land are subject to a conditional zoning, the
of individual parcels must consent in writing to the requested modification.
(C) Application modification. Application forms be modified by the , Planning Board, Town Manager, or , as necessary.
(D) (1) Conditional district review process and approvals. Preliminary masterplans be considered and approved prior to the final masterplan approval. This allows the applicant an opportunity to present a request for conditional rezoning without fully engineered construction details and plans. Preliminary and final masterplan approvals are valid for 2 , and the approval be annotated on the plan itself and certified by the , or designee. The Mills River , for just cause, grant a single extension of the masterplan approval for a maximum of 1 additional .
(2) If the applicant includes a preliminary master plan in the initial conditional zoning application which receives Council approval, this preliminary master plan is valid for 2
. The applicant is then required to submit a fully engineered final master plan to the
within 2
of initial approval, which will be reviewed by the Town Planning Board for conformance with the preliminary plan approval. An applicant
only receive a zoning
to begin project construction after securing Planning Board approval for the final master plan. If the final master plan deviates from the preliminary master plan approval, the applicant
secure a minor modification approval, or the change
be considered a major modification, which requires a conditional zoning re-submittal, recommendation from the Planning Board, and review of
in a public hearing, following the same process applicable for the original approval. Final master plans
also be submitted as part of the initial conditional zoning application, and if approved by
, no additional Planning Board or Council review for zoning
issuance is needed.
(E) Consideration. The Planning Board and the Mills River will not consider an application for an amendment denied within the 12 by the . This 12 waiting period be calculated beginning from the date of Town Council's decision to deny.
(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 2021-18, passed 11-18-2021; Am. Ord. 2023-04, passed 9-14-2023)
§ 154.198 PLANNING BOARD ACTION.
Before taking any action on a proposed amendment to this chapter, to the Official Zoning Map, to the comprehensive plan, or to the future land use vision map, the Mills River
consider the Planning Board’s recommendation on each proposed amendment. The Planning Board
have 30 days after the first consideration of an application for an amendment at a regular meeting to submit its recommendations to the Mills River
, per G.S. 160D-604(b). Failure of the Planning Board to submit recommendations within the 30 day period
constitute a favorable recommendation, except that, if by agreement of the Planning Board,
, and the applicant 30 days is insufficient due to the size of the area, the complexity of the request or similar circumstances, the Planning Board
have 60 days to submit the recommendation. If no
recommendation or report is received from the Planning Board within the initial 30 day period,
act on the amendment without the Planning Board report.
is not bound by the recommendations, if any, of the Planning Board, per G.S. 160D-604(b). Time limitations
not apply to applications for areas not previously zoned, or to text amendments, zoning map amendments, comprehensive plan amendments, or future land use vision map amendments initiated by the Planning Board, the Town Manager, or the
.
(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 2021-18, passed 11-18-2021; Am. Ord. 2022-18, passed 12-18-2022; Am. Ord. 2023-04, passed 9-14-2023)
§ 154.199 LEGISLATIVE HEARING.
Before enacting any amendment to this chapter, to the Official Zoning Map, to the comprehensive plan, or to the future land use vision map, the Mills River
hold a
. Public notification of the hearing
comply with the provisions of G.S. 160D-601, as amended.
(A) Newspaper notice. In accordance with G.S. 160D-601, a notice of the be published in a newspaper of general circulation in the Town of Mills River once a week for 2 successive calendar weeks, the first publication of which not appear less than 10 days nor more than 25 days prior to the date fixed for the hearing. In computing the public notice period, the day of publication is not to be included but the day of the hearing be included. The notice include the time, place and date of the hearing and include a description of the or the nature of the change or amendment to the ordinance and/or Official Zoning Map.
(B) Mailed notice. In accordance with G.S. 160D-602, whenever there is a proposed amendment to the Official Zoning Map or the future land use vision map, the of that parcel of land as shown on the Henderson County tax listing and the of all parcels of land abutting that parcel of land as well as all properties separated from the subject by , reserved right-of-way, railroad, or other transportation corridor as shown on the Henderson County tax listing be mailed by first class mail a notice of a on the proposed amendment by first class mail at the last addresses listed for the on the Henderson County tax abstracts. This notice must be deposited in the mail at least 10 but not more than 25 days prior to the date of the . The person(s) mailing the notices certify to the that fact, and the certificate be deemed conclusive in the absence of fraud. However, with specific approval of the Mills River at the time the sets a on a particular application, the elect to use the expanded notice procedure, per G.S. 160D-602(b), which follows in lieu of or in addition to the first class mailed notice required by this division if:
(1) The proposed amendment would initially zone
added to the territorial coverage of the Official Zoning Map; or
(2) The proposed amendment directly affects more than 50 properties owned by a total of at least 50 different
.
(C) Expanded published notice procedure. If the elects to utilize the expanded notice procedure, the town publish once a week for 4 successive calendar weeks in a newspaper having general circulation in the area an advertisement of the that shows the boundaries of the area affected by the proposed Zoning Map amendment and explains the nature of the proposed change. The final 2 advertisements comply with and be deemed to satisfy the provisions of G.S. 160D-602. The advertisement not be less than ½ of a newspaper page in size. The advertisement only be effective for who reside in the area of general circulation of the newspaper which publishes the notice. who reside outside of the newspaper circulation area, according to the address listed on the most recent tax listing for the affected , be notified by first class mail pursuant to this section. The person(s) mailing the notices certify to the that fact, and the certificates be deemed conclusive in the absence of fraud. In addition to the published notice, the Town of Mills River post 1 or more prominent on or immediately adjacent to the subject area reasonably calculated to give public notice of the proposed re-zoning.
(D) Posted notice. For any proposed amendment to the Official Zoning Map or to the future land use vision map, the Town of Mills River post a in a prominent location on or near the subject which indicates that a zoning map change or future land use map change has been proposed for the subject . In the event that more than 1 parcel is involved in a particular amendment, at least 1 be posted in a central location; however, the Town of Mills River post multiple . The
(s)
be posted during the period between 25 days prior and 10 days prior to the
date.
(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. 10-13-2005; Am. Ord. 2021-06, passed 4-22-2021; Am. Ord. 2021-18, passed 11-18-2021; Am. Ord. 2023-04, passed 9-14-2023)