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Mills River City Zoning Code

USE DISTRICTS

§ 154.045 USE REQUIREMENTS.

   Within the districts indicated on the Official of the Town of Mills River, no or land be used and no be erected or altered which is intended or designed to be used in whole or in part for any use other than those listed as permitted for that district in this article. The or his or her designee make a determination if a use not mentioned can be reasonably interpreted to fit into a use category where similar uses are described.
(Ord. passed 3-1-2004; Am. Ord. 00013, passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00038, passed 11-21-2006; Am. Ord. 2015-07, passed 12-10-2015; Am. Ord. 2021-06, passed 4-22-2021)

§ 154.046 CORRIDOR OVERLAY DISTRICT.

Publisher's Note: This Section has been AMENDED by new legislation (Ord. 2021-20, adopted 11-18-2021). The text of the amendment will be incorporated below when the ordinance is codified.
   (A)   Purpose. The purpose of the Town of Mills River Corridor Overlay District is to preserve the aesthetic rural character of the community. Prior to incorporation, the Mills River community was predominately and rural in nature. These guidelines attempt to incorporate design elements that preserve that heritage even as the continues to grow and develop.
   (B)   Development standards and uses. Dimensional requirements and all other  standards be the same as for underlying zoning district(s) except as modified herein.
      (1)   Pre-existing . Any already permitted at the time of this section adoption not be required to comply; however, any additions made to those buildings must meet the design criteria listed herein.
      (2)   Permitted uses. The following are the permitted uses within the Corridor Overlay District.
         (a)   Permitted uses. Same as for underlying zoning district(s).
         (b)   Uses allowed by . Same as for underlying zoning district(s).
         (c)   Prohibited uses. Same as for underlying zoning district(s).
      (3)   Applicability. All non-residential and multifamily structures located within the 500 feet of the following roads shall be required to comply with these design requirements:
         (a)   NC-191;
         (b)   NC-280;
         (c)   Ray Hill Rd.;
         (d)   School House Rd.;
         (e)   Banner Farm Rd.;
         (f)   Butler Bridge Rd.;
         (g)   Old Fanning Bridge Rd.;
         (h)   North Mills River Rd.;
         (i)   Jeffress Rd.;
         (j)   South Mills River Rd.;
         (k)   Old Turnpike Rd.; and
         (l)   Turnpike Rd.
   (C)   Design requirements. Each applicable structure meet the following design criteria and show compliance on elevation drawings submitted to scale:
      (1)   Materials. 
         (a)   Walls visible from the right-of-way of any of the roads listed in division (B)(3) above use at least 75% acceptable materials. Walls not visible from the right-of-way of any of the roads listed in division (B)(3) use at least 40% acceptable materials. The calculation of acceptable materials includes functional windows as well as doors designed for human passage. Loading dock doors, bay doors, cargo doors, loading ramps, freight doors, garage doors, or similar are not considered acceptable materials as defined below.
 
   *These drawings are examples only; dimensions may vary depending upon final designs.
         (b)   Acceptable materials, rock, artificial natural looking rock, timber, artificial wood grain look, brick, natural stone, artificial natural stone look, wood shingle or artificial shingle look, or other material as approved by the that has the appearance of a natural material. Unfaced concrete block, vinyl siding, corrugated metal siding, or similar are not acceptable as natural materials.
      (2)   Elements to be included. Every 20 feet of the building include one of the following design elements: windows, porches, awnings, cupolas, material changes, façade depth changes of six inches or more, or doors.
   (D)   Parking requirements. All development within this district be required to comply with §§ 154.106 and 154.107 of the Zoning Ordinance.
   (E)   Landscaping requirements. All development within this district be required to comply with the applicable landscaping requirements beginning at § 154.230 of the Zoning Ordinance.
   (F)   Exemptions. Accessory s 20% or less of the total floor area of principal structure.
      Example: Principal structure is 5,000 square feet. An accessory structure of 1,000 square feet may be constructed without complying with the acceptable materials standard of this section.
   (G)   Expansion of use. If an accessory is transferred to different ownership, converted to a principal use, subdivided from the original lot, or is expanded beyond the allowable 20% exemption, the entire shall be brought into compliance with the standards of this section.
(Ord. 2020-07, passed 3-13-2020; Am. Ord. 2021-06, passed 4-22-2021; Am. Ord. 2021-07, passed 4-22-2021; Am. Ord. 2021-20, passed 11-18-2021)

§ 154.047 MR-30 RESIDENTIAL DISTRICT.

   This district is intended to be a quiet consisting of single-family residences.
   (A)   MR-30 Residential District. Within the MR-30 Residential District, the uses are permitted:
      (1)   Single-family dwellings.
      (2)   Churches, provided that:
         (a)   The are placed not less than 50 feet from any line.
         (b)   They are located with access to a , as be determined by the .
         (c)   There is a planted along the side and rear lines, except where the lines run parallel and contiguous with , streambeds, lakes and railroad tracks.
      (3)   Church cemeteries on contiguous to or adjacent to the principal church assembly , provided that all plots be set back at least 20 feet from any line.
      (4)   Church bulletin boards not exceeding 12 square feet in area.
      (5)   Signs not more than 4 feet square in area advertising the sale or rental of on which they are located.
      (6)   Customary , including private garages, noncommercial greenhouses and workshops.
      (7)    .
      (8)    .
      (9)   Child Care unregulated by the State of North Carolina.
      (10)    .
      (11)    be allowed as a secondary use as defined in this chapter. They not be allowed in except by Minor as approved by the Board of Adjustment. Application for a include justification for why the panels must be placed in the and show that there is no practical alternative. be subject to the setback requirements for in each district. Stand-alone be limited to 10 feet in height. attached to be extend more than 5 feet above the . Stand-alone that are secondary uses to residential uses not be required to buffer. Stand-alone that are secondary uses to commercial uses be required to plant a along side and rear lines as defined in the zoning definitions. Residential panels not produce more than 150% of the power required for the site.
      (12)   Wind turbines be allowed in all districts under a Major under § 154.138. Wind turbines be required to have a setback from all lines of 2 times the fall radius of the wind turbine.
   (B)   Uses allowed under a Major . The uses be permitted, subject to a finding by the Mills River Town Council that both the conditions in the definition of SPECIAL USE in § 154.007(B) and those conditions listed below will be met:
      (1)    , subject to the conditions listed under § 154.080 of this chapter.
      (2)   Residential duplexes, subject to meeting the lot size and dimensional requirements for lot area and dwelling unit area:
         (a)   A , as defined in § 154.007, is a structure consisting of two families living independently (emphasis added) of each other.
         (b)   A , as defined in § 154.007, is a single unit providing complete, independent (emphasis added), living facilities for one or more , including permanent provisions for living, sleeping, eating, cooking, and sanitation.
         Example: A is planned for construction in a district requiring a 30,000 square foot minimum lot size and 30,000 square feet for each . Since a consists of two s the minimum lot area applies to each unit. Therefore, a consisting of two s requires a total of 60,000 square feet of lot size.
      (3)   Medical, institutional care , subject to conditions listed under § 154.084 of this chapter.
      (4)   Group 1 and activities as defined in and subject to the requirements in §§ 154.090 through 154.101 of Mills River Zoning Ordinance.
      (5)   Group 2 and activities as defined in and subject to the requirements in §§ 154.090 through 154.101 of Mills River Zoning Ordinance.
      (6)   Group 6 and activities as defined in and subject to the requirements in §§ 154.090 through 154.101 of Mills River Zoning Ordinance.
      (7)   Transformer and public stations, provided that:
         (a)   Transformer stations:
            1.   The are placed not less than 75 feet from any line.
            2.   The are enclosed by a woven-wire fence at least 8 feet high.
            3.   No vehicle or equipment is stored on the premises.
            4.   There is an evergreen planted along the side and rear lines of residential zoned .
         (b)   Public utility stations:
            1.   The are located on sufficient land to meet all setback requirements of this chapter.
            2.   The stations are completely enclosed, either by a or a wire fence at least 8 feet high.
            3.   There is an evergreen planted along the side and rear lines of residential zoned .
      (8)   Structured Home Environments, subject to the conditions listed under § 154.085.
   (C)   Uses allowed under a Minor . The uses be permitted, subject to a finding by the Board of Adjustment that both the conditions in the definition of in § 154.007(B) and those conditions listed below will be met:
      (1)   Parks, , tennis and racquet clubs and . (Miniature and practice driving tees and illuminated operated for commercial purposes are not allowed.)
      (2)   Libraries.
      (3)    .
      (4)    , including auditoriums, theaters for the performing arts, museums, art galleries, symphony and concert halls and historical societies, provided that:
         (a)   The are placed not less than 50 feet from any line.
         (b)   They are located with access to a , as be determined by the .
         (c)   There is a planted along the side and rear lines, except where the lines run parallel and contiguous with , streambeds, lakes and railroad tracks.
         (d)   The facility is operated not for profit and satisfactory proof of the tax-exempt status of the organization is exhibited to the .
         (e)   One parking space is provided for each 2 seats in auditoriums, theaters and symphony and concert halls.
         (f)   One parking space for each 100 feet of gross floor space directed to patron use be provided for museums, art galleries and historical societies.
      (5)    , having multiple curricula and private schools having curricula approximately the same as ordinarily given in provided that:
         (a)   The are placed not less than 50 feet from any line.
         (b)   Play areas be placed not less than 20 feet from any line.
         (c)   There is a planted along the side and rear lines, except where the lines run parallel and contiguous with , streambeds, lakes and railroad tracks.
         (d)   The has at least 45 feet of frontage on a publicly owned and maintained road.
      (6)    and provided that:
         (a)   The are placed not less than 50 feet from any line.
         (b)   There is a planted along the side and rear lines, except where the lines run parallel and contiguous with , streambeds, lakes and railroad tracks.
         (c)   The has at least 45 feet of frontage on a publicly owned and maintained road.
      (7)    and provided that:
         (a)   There is a limit of 10 clients per day.
   (D)   Dimensional requirements. Within the MR-30 Residential District, as shown on the Zoning Map of the Town of Mills River, the dimensional requirements be met:
      (1)   Minimum lot area: 30,000 square feet1.
      (2)   Minimum lot area per dwelling: 30,000 square feet1.
      (3)   Maximum size: N/A.
      (4)   Maximum : 50 feet.
      (5)   Minimum setback from : 75 feet2.
      (6)   Minimum setback from all other : 60 feet
      (7)   Minimum setback: 30 feet.
      (8)   Minimum setback for every : 30 feet.
NOTE:
   1This minimum lot size not apply to existing residential lots nor lots which have been platted and recorded as residential lots with the Henderson County Register of Deeds as of 31 July 2004. In cases where the Watershed Protection Ordinance requires a larger lot size, the Henderson County Water Supply Watershed Ordinance prevail.
   2Where the is more than 2 lanes, including parking lanes, setback requirements be measured and begin at a point on the pavement 12 feet from the edge of the paved abutting the subject .
   (E)   Buffer/ Requirements.
      (1)   Whenever any MR30 - Residential District non-residential rear and/or side line abuts upon a residential use with no intervening or highway or natural buffer, any or parking area used for non-residential purposes be screened with a along the line(s) as defined in § 154.007(B).
      (2)   In all other cases, uses in the MR-30 Residential District comply with applicable landscaping and requirements in the Town of Mills River Landscape Ordinance.
(Ord. passed 3-1-2004; Am. Ord. 00013, passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00038, passed 11-21-2006; Am. Ord. 00055, passed 4-23-2009; Am. Ord. 00066, passed 4-28-2011; Am. Ord. 00080, passed 5-23-2013; Am. Ord. 2021-06, passed 4-22-2021; Am. Ord. 2024-02, passed 2-22-2024)

§ 154.048 WATER SUPPLY WATERSHED PROTECTION OVERLAY DISTRICT.

   (A)   Purpose. The purpose of the Water Supply Watershed Protection Overlay District (the "Watershed Protection District") is to define the Water Supply Watershed Protection Areas within the Town of Mills River and regulate the use of land, average size and   and intensity in order to maintain a high quality of surface water and limit the impact from existing or potential sources of contamination in the Public Water Supply Watershed as designated by the N.C. Environmental Management Commission.
   (B)   Establishment of areas. Water Supply Watershed Protection Areas ("Watershed Protection Areas") be defined and established on the map entitled, "Watershed Protection Map of the Town of Mills River, North Carolina" (the "Watershed Map"). The Watershed Map and all explanatory matter contained thereon accompanies and is hereby adopted as part of the Mills River Town Code. For purposes of this section, areas of the town be divided into the following areas as depicted on the Watershed Map and amendments thereto:
      WS-I
      WS-II-CA   (Critical Area)
      WS-II-BW   (Balance of Watershed)
      WS-III-CA   (Critical Area)
      WS-III-BW   (Balance of Watershed)
      WS-IV-CA   (Critical Area)
      WS-IV-PA   (Protected Area)
   (C)   Application of regulations. No or land hereafter be used and no   take place in the Watershed Protection District except in conformity with this section for the Watershed Protection Area in which it is located. The following exceptions be made in the application of the Watershed Protection District regulations.
      (1)   Expansions to classified as existing must meet the requirements of this section. However, the built-upon area of the existing is not required to be included in calculations.
      (2)   It is not intended that these regulations interfere with any easement, covenants or other agreements between parties. However, if the provisions of these regulations impose greater restrictions or higher standards for the use of a or land, then the provisions of these regulations control.
      (3)   If a nonconforming lot of record is not contiguous to any other owned by the same party, then that lot of record shall not be subject to the restrictions of this section if it is developed for single-family residential purposes.
      (4)   Any lot or parcel created as part of a family subdivision after the effective date of this section be exempt from this section if it is developed for 1 single-family detached residence. Any lot or parcel created as part of any other type of subdivision that is exempt from the Subdivision Ordinance be subject to the requirements of this section.
      (5)   Any lot created for a cemetery plot shall be exempt from this section.
   (D)   Watershed Protection Areas requirements.
      (1)   WS-I Watershed Protection Areas. The intent is to provide maximum protection for water supplies within natural and undeveloped watersheds in public ownership by allowing only low intensity uses. No residential or non-residential uses are allowed except those listed below. Impacts from non-point source pollution shall be minimized.
         (a)   Allowed uses.
            1.    subject to the provisions of the Food Security Act of 1985 and the Food, Agriculture, Conservation and Trade Act of 1990 and all rules and regulations of the Soil and Water Conservation Commission.
            2.   Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 1l.6101-.0209).
            3.   Water withdrawal, treatment and distribution facilities.
            4.   Restricted road access.
            5.   Power transmission lines.
         (b)    and built-upon area limits do not apply.
      (2)   WS-II Watershed Protection Areas - Critical Area (WS-II-CA). In order to maintain a predominately undeveloped land use intensity pattern, single-family residential uses be allowed at a maximum of 1 per 80,000 square foot lot. All other residential and non-residential   be allowed at a maximum 6% built-upon area. New residuals application sites and are specifically prohibited.
         (a)   Allowed uses.
            1.    subject to the provisions of the Food Security Act of 1985 and the Food, , Conservation and Trade Act of 1990 and the rules and regulations of the Soil and Water Conservation Commission.
            2.   Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 1l.6101-.0209).
            3.   Residential .
            4.    Non-residential , excluding and sites for land application of residuals or petroleum contaminated soils.
         (b)    and built-upon limits.
            1.   No single-family residential lot be less than 80,000 square feet excluding roadway right-of-way, except within an approved cluster .
            2.   All other residential and non-residential not exceed 6% built-upon area on a project by project basis. For the purpose of calculating built-upon area, total project area include total acreage in the tract on which the project is to be developed.
      (3)   WS-II Watershed Areas - Balance of Watershed (WS-II-BW). In order to maintain predominantly undeveloped land use intensity, single family residential uses be allowed at a maximum of 1 per 40,000 square foot lot. All other residential and non-residential   be allowed a maximum of 12% built-upon area. Non-discharging and residuals application sites are allowed.
         (a)   Allowed uses.
            1.    , subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990.
            2.   Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 1l.0101-.0209).
            3.   Residential .
            4.    Non-residential excluding discharging .
         (b)    and built-upon limits.
            1.   No single-family residential lot be less than 40,000 square feet excluding roadway right-of-way, except within an approved cluster .
            2.   All other residential and non-residential not exceed 12% built-upon area on a project by project basis. For the purpose calculating built-upon area, total project area include total acreage in the tract on which the project is to be developed.
      (4)   WS-III Watershed Areas - Critical Area (WS-III-CA). In order to maintain low to moderate land use intensity, single family residential uses are allowed at a maximum of 1 per 40,000 square foot lot. All other residential and non-residential   be allowed to at a maximum of 12% built-upon area. New residuals application sites and s are specifically prohibited.
         (a)   Allowed uses.
            1.    , subject to the provisions of the Food Security Act of 1985 and the Food, , Conservation and Trade Act of 1990 and the rules and regulations of the Soil and Water Conservation Commission.
            2.   Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 1l.0101-.0209).
            3.   Residential.
            4.    Non-residential , excluding and sites for land application of residuals or petroleum contaminated soils.
         (b)    and built-upon limits.
            1.   No single family residential lot be less than 40,000 square feet excluding roadway right-of-way, except within an approved cluster .
            2.   All other residential and non-residential not exceed 12% built-upon area on a project by project basis. For the purpose of calculating built-upon area, the total project area include total acreage in the tract on which the project is to be developed.
      (5)   WS-III Watershed Areas - Balance of Watershed (WS-III-BW). In order to maintain a low to moderate land use intensity, single-family detached uses develop at a maximum of 1 per 20,000 square foot lot. All other residential and non-residential be allowed at a maximum of 24% built-upon area. Non-discharging and residuals application sites are allowed.
         (a)   Allowed uses.
            1.    , subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990.
            2.   Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 1l.0101-.0209).
            3.   Residential .
            4.    Non-residential excluding discharging .
         (b)    and built-upon limits.
            1.   No single-family residential lot be less than 20,000 square feet excluding roadway right-of-way, except within an approved cluster .
            2.   All other residential and non-residential not exceed 24% built-upon area on a project by project basis. For the purpose of calculating built-upon area, total project area include total acreage in the tract on which the project is to be developed.
      (6)   WS-IV Watershed Areas - Critical Area (WS-IV-CA). Only new activities that require an erosion/sedimentation control plan under state law or approved local program are required to meet the provisions of this section when located in a WS-IV watershed. In order to address a moderate to high land use intensity pattern, single-family residential uses are allowed at a maximum of 1 per 20,000 square foot lot. All other residential and non-residential be allowed at a maximum of 24% built-upon area. New residuals application sites and are specifically prohibited.
         (a)   Allowed uses.
            1.    subject to the provisions of the Food Security Act of 1985 and the Food, , Conservation and Trade Act of 1990 and the rules and regulations of the Soil and Water Conservation Commission.
            2.   Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 1l.0101-.0209).
            3.   Residential.
            4.    Non-residential , excluding and sites for land application of residuals or petroleum contaminated soils.
         (b)    and built-upon limits.
            1.   No single-family residential lot be less than 20,000 square feet excluding roadway right-of-way, except within an approved cluster .
            2.   All other residential and non-residential not exceed 24% built-upon area on a project by project basis. For the purpose of calculating the built-upon area, total project area include total acreage in the tract on which the project is to be developed.
      (7)   WS-IV Watershed Areas - Protected Area (WS-IV-PA). Only new activities that require an erosion/sedimentation control plan under state law or approved local government program are required to meet the provisions of this section when located in a WS-IV watershed. In order to accommodate moderate to high land use intensity, single-family residential uses develop at a maximum of 1 per 20,000 square foot lot. All other residential and non-residential be allowed at a maximum of 24% built-upon area. A maximum of 3 per acre (3 du/ac) or 36% built-upon area is allowed for projects without a curb and gutter system.
         (a)   Uses allowed.
            1.    , subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990.
            2.   Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 1l.0101-.0209).
            3.   Residential .
            4.    Non-residential .
         (b)    and built-upon limits.
            1.   No single-family residential lot be less than 20,000 square feet excluding roadway right-of-way, except within an approved cluster .
            2.   All other residential and non-residential not exceed 24% built-upon area on a project by project basis. For residential projects without a curb and gutter system and with natural drainage and filtering design elements, not exceed 36% built-upon area on a project by project basis. For the purpose of calculating built-upon area, total project area include acreage in the tract on which the project is to be developed.
   (E)   The Watershed Administrator approve high proposals consistent with the following standards. High meet the requirements of the Mills River Town Code.
      (1)   WS-II Watershed Areas - Critical Area (WS-II-CA). Where new exceeds either 1 per 2 acres or 6% built-upon area, engineered stormwater controls be used to control runoff from the first inch of rainfall and   not exceed 24% built-upon area.
      (2)   WS-II Watershed Areas - Balance of Watershed (WS-II-BW). Where new exceeds either 1 per acre or 12% built-upon area, engineered stormwater controls be used to control runoff from the first inch of rainfall and   not exceed 30% built-upon area.
      (3)   WS-III Watershed Areas - Critical Area (WS-III-CA). Where new exceeds either 1 per acre or 12% built-upon area, engineered stormwater controls be used to control runoff from the first inch of rainfall and development not exceed 30% built-upon area.
      (4)   WS-III Watershed Areas - Balance of Watershed (WS-III-BW). Where new exceeds either 2 per acre or 24% built-upon area, engineered stormwater controls be used to control runoff from the first inch of rainfall and   not exceed 50% built-upon area.
      (5)   WS-IV Watershed Areas - Critical Area (WS-IV-CA). Where new exceeds either 2 per acre or 24% built-upon area, engineered stormwater controls be used to control runoff from the first inch of rainfall and   not exceed 50% built-upon area.
      (6)   WS-IV Watershed Areas - Protected Area (WS-IV-PA). Where new requires a sedimentation/erosion control plan and exceeds either 2 per acre or 24% built-upon area or 3 per area or 36% built-upon area for projects without curb and gutter systems, engineered stormwater controls be used to control runoff from the first inch of rainfall and   not exceed 70% built-upon area.
   (F)   Mixed-use . In cases where both residential and non-residential uses are proposed for 1 lot in single ownership, such mixed-use   be permitted without further subdivision of the lot. However, each use must adhere to its respective /built-upon area requirements. For purposes of this section, home occupations shall, be considered as residential uses.
   (G)   Existing development. Existing as defined in this chapter, be continued and maintained subject to the provisions provided herein. Expansions to classified as existing must meet the requirements of this section. However, the built-upon area of the existing is not required to be included in the built-upon area calculations.
      (1)   Uses of land. This category consists of uses existing as of the effective date of this section where such use of the land is not permitted to be established hereafter in the watershed area in which it is located. Such uses be continued except as follows:
         (a)   When such use of land has been changed to an allowed use, it shall not thereafter revert to any prohibited use.
         (b)   Such use of land shall be changed only to an allowed use.
         (c)   When such use ceases for a period of at least 1 year, it shall not be reestablished.
      (2)   Reconstruction of or built-upon areas. Any existing or built-upon area not in conformance with the requirements of this section that has been damaged or removed be repaired and/or reconstructed, except that there are no restrictions on single family residential development, provided:
         (a)   Repair or reconstruction is initiated within 12 months and completed within 2 years of such damage.
         (b)   The total amount of space devoted to built-upon area not be increased unless stormwater control measures that equal or exceed the previous are provided.
      (3)   Existing vacant . Existing vacant are for which plats or deeds have been recorded as of May 23, 1994 in the office of the Register of Deeds of Henderson County. An existing   be used for any of the uses allowed in the Watershed Protection Area in which it is located provided that where the size is less than the minimum specified in this section, the project requires the issuance of a permit or permits as required by the Mills River Town Code.
   (H)    requirements. All uses within Watershed Protection Areas be required to maintain a minimum 30 foot vegetated from perennial stream banks; provided, however, that where is approved as a high- , the setback from perennial streams be 100 feet. Perennial streams be identified as indicated on the most recent version of the USGS 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies. Where USGS topographical maps do not distinguish between perennial and intermittent streams, an on-site stream determination be performed by an individual qualified to perform such stream determinations. Water-dependent and public projects, such as road crossings and greenways, be allowed where no practical alternative exists. The activities minimize built-upon surface area and maximize the use of stormwater best management practices.
   (I)   Cluster development. Cluster is allowed in designated Watershed Protection Areas in accordance with § 154.080 of this chapter, and under the following conditions.
      (1)   Minimum sizes are not applicable to single family cluster projects; however, the total number of not exceed the number of allowed for single family detached in § 303. or built-upon area for the project not exceed that allowed for the critical area, balance of watershed or protected area, whichever applies.
      (2)   All built-upon area shall be designed and located to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, and maximize the flow length through vegetated areas.
      (3)   Areas of concentrated be located in upland area and away, to the maximum extent practicable, from surface waters and drainageways.
      (4)   The remainder of the tract remain in a vegetated or natural state. The title to the open space area be conveyed to an incorporated homeowners association for management; to a local government for preservation as a park or open space; or to a conservation organization for preservation in a permanent easement. Where a property association is not incorporated, a maintenance agreement be filed with the property deeds.
      (5)   Cluster that meet the applicable low requirements shall transport stormwater runoff by vegetated conveyances to the maximum extent practicable.
   (J)    averaging. An applicant average   on up to 2 noncontiguous for purposes of achieving compliance with the water supply watershed standards if all of the following circumstances exist:
      (1)   The are within the same water supply watershed. If 1 of the is located in the critical area of the watershed, the critical area shall not be developed beyond the applicable requirements for its classification.
      (2)   Overall project meets applicable or stormwater control requirements under 15A NCAC 2B.0200.
      (3)   Vegetated setbacks on both meet the minimum statewide water supply watershed protection requirements.
      (4)   Built-upon areas are designed and located to minimize stormwater runoff impact to the receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, and maximize the flow length through vegetated areas.
      (5)   Areas of concentrated are located in upland areas and, to the maximum extent practicable, away from surface waters and drainageways.
      (6)   The or portions of the that are not being developed will remain in a vegetated or natural state and will be managed by a homeowners' association as common area, conveyed to a local government as a park or greenway, or placed under a permanent conservation or farmland preservation easement unless it can be demonstrated that the local government can ensure long-term compliance through deed restrictions and an electronic permitting mechanism. A metes and bounds description of the areas to remain vegetated and limits on use be recorded on the subdivision plat, in homeowners' covenants, and on individual deed and be irrevocable.
      (7)    permitted under averaging and meeting applicable low requirements shall transport stormwater runoff by vegetated conveyances to the maximum extent practicable.
      (8)   A special use permit or other such permit or certificate be obtained from the local Watershed Review Board or Board of Adjustment to ensure that both considered together meet the standards of the Watershed Ordinance and that potential owners have record of how the watershed regulations were applied to the .
   (K)   Calculation of project . The following requirements shall apply to the calculation of project :
      (1)   Project shall be calculated as the total built-upon area divided by the total project area;
      (2)   A project with "existing development," as that term is defined in 15A NCAC 02B.0621, use the calculation method in division (K)(1) or calculate project as the difference of total built-upon area minus existing built-upon area divided by the difference of total project area minus existing built-upon area.
      (3)   Expansions to existing be subject to 15A NCAC 02B.0624 except as excluded in Rule 15A NCAC 02B.0622(1)(d).
      (4)   Where there is a net increase of built-upon area, only the area of net increase be subject to 15A NCAC 02B.0624.
      (5)   Where existing is being replaced with new built-upon area, and there is a net increase of built-upon area, only the area of net increase shall be subject to 15A NCAC 02B.0624;
      (6)   Total project area l exclude the following:
         (a)   Areas below the Normal High Water Line (NHWL); and
         (b)   Areas defined as "coastal wetlands" pursuant to 15A NCAC 07H.0205.
      (7)   Projects under a common plan of development be considered as a single project for purposes of calculation except that on a case-by-case basis, local governments allow projects to be considered to have both high and low areas based on one or more of the following criteria:
         (a)   Natural drainage area boundaries;
         (b)   Variations in land use throughout the project; or
         (c)   Construction phasing.
   (L)   Low density projects. In addition to complying with the project density requirements of the Mills River Watershed Protection Ordinance, low density projects comply with the following:
      (1)   Vegetated conveyances. Stormwater runoff from the project be released to vegetated areas as dispersed flow or transported by vegetated conveyances to the maximum extent practicable. In determining whether this criteria has been met, the local government take into account site-specific factors such as topography and site layout as well as protection of water quality. Vegetated conveyances be maintained in perpetuity to ensure that they function as designed. Vegetated conveyances that meet the following criteria be deemed to satisfy the requirements of this division:
         (a)   Side slopes be no steeper than 3:1 (horizontal to vertical) unless it is demonstrated to the local government that the soils and vegetation will remain stable in perpetuity based on engineering calculations and on-site soil investigation; and
         (b)   The conveyance shall be designed so that it does not erode during the peak flow from the 10-year storm event as demonstrated by engineering calculations.
      (2)   Curb outlet systems. In lieu of vegetated conveyances, low density projects have the option to use curb and gutter with outlets to convey stormwater to grassed swales or vegetated areas. Requirements for these curb outlet systems be as follows:
         (a)   The curb outlets shall be located such that the swale or vegetated area can carry the peak flow from the 10-year storm and at a non-erosive velocity;
         (b)   The longitudinal slope of the swale or vegetated area not exceed 5% except where not practical due to physical constraints. In these cases, devices to slow the rate of runoff and encourage infiltration to reduce pollutant delivery be provided;
         (c)   The swale's cross section shall be trapezoidal with a minimum bottom width of 2 feet;
         (d)   The side slopes of the swale or vegetated area shall be no steeper than 3:1 (horizontal to vertical);
         (e)   The minimum length of the swale or vegetated area shall be 100 feet; and
         (f)   Low projects use treatment swales designed in accordance with 15A NCAC 02H.1061 in lieu of the requirements specified in divisions (a) through (e) of this division (L)(2).
   (M)   High projects. In addition to complying with the project requirements of the Mills River Watershed Protection Ordinance, high projects comply with the following:
      (1)   Stormwater Control Measures (SCMs) be designed, constructed, and maintained so that the project achieves either "runoff treatment" or "runoff volume match" as those terms are defined in 15A NCAC 02B.0621;
      (2)   For high projects designed to achieve runoff treatment, the required storm depth be 1 inch. Applicants have the option to design projects to achieve runoff volume match in lieu of runoff treatment;
      (3)   Stormwater runoff from off-site areas and "existing ," as that term is defined in 15A NCAC 02B.0621, not be required to be treated in the SCM. Runoff from off-site areas or existing that is not bypassed be included in sizing of on-site SCMs;
      (4)   SCMs shall meet the relevant MDC set forth in 15A NCAC 02H.1050 through .1062; and
      (5)   Stormwater outlets shall be designed so that they do not cause erosion downslope of the discharge point during the peak flow from the 10-year storm event as shown by engineering calculations.
   (N)   Options for implementing project . The Town of Mills River has the following options in addition to those enumerated in divisions (D) and (E) above, as appropriate.
      (1)   The Town of Mills River allow only low development in its water supply watershed areas in accordance with this section.
      (2)   The Town of Mills River regulate low single-family detached residential development using the minimum size requirements, per acre requirements, built-upon area percentages, or some combination of these.
      (3)   10/70 option. Outside of WS-I watersheds and the critical areas of WS-II, WS-III, and WS-IV watersheds, the Town of Mills River regulate new development under the "10/70 option" in accordance with the following requirements:
         (a)   A maximum of 10% of the land area of a water supply watershed outside of the critical area and within the Town of Mills River's planning jurisdiction be developed with new projects and expansions of existing of up to 70% built-upon area.
         (b)   In water supply watersheds classified on or before August 3, 1992, the beginning amount of acreage available under this option be based on the Town of Mills River's jurisdiction as delineated on July 1, 1993. In water supply watersheds classified after August 3, 1992, the beginning amount of acreage available under this option be based on the Town of Mills River's jurisdiction as delineated on the date the water supply watershed classification became effective. The acreage within the critical area not be counted towards the allowable 10/70 option acreage;
         (c)   Projects that are covered under the 10/70 option shall comply with the low requirements set forth in division (C) above unless the Town of Mills River allows high development, in which case the town require these projects to comply with high requirements;
         (d)   The maximum built-upon area allowed on any given new development project shall be 70%;
         (e)   The Town of Mills River transfer, in whole or in part, its right to the 10/70 land area to another local government within the same water supply watershed upon submittal of a joint resolution and approval by the Commission; and
         (f)   When the water supply watershed is composed of public lands, such as National Forest land, the Town of Mills River count the public land acreage within the watershed outside of the critical area in calculating the acreage allowed under this provision.
      (4)   New meet the requirements on a project-by-project basis except the Town of Mills River submit ordinances that use or built-upon area criteria averaged throughout the Mills River watershed jurisdiction instead of on a project-by-project basis within the watershed. Prior to approval of the ordinance, the Town of Mills River demonstrate to the Commission that the provisions as averaged meet or exceed the statewide minimum requirements and that a mechanism exists to ensure the planned distribution of potential throughout the local government's jurisdiction within the watershed.
      (5)   The Town of Mills River administer oversight of future activities in single-family detached residential that exceed the applicable low requirements by tracking rather than percentage built-upon area, as long as the SCM is sized to capture and treat runoff from 1) all pervious and built-upon surfaces shown on the plan and 2) any off-site drainage from pervious and built-upon surfaces, and when an additional safety factor of 15% of built-upon area of the project site is figured in.
(Ord. passed 3-1-2004; Am. Ord. 00013, passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00038, passed 11-21-2006; Am. Ord. 2022-18, passed 12-8-2022)

§ 154.049 [RESERVED].

(Ord. passed 3-1-2004; Am. Ord. 00013, passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00038, passed 11-21-2006)

§ 154.050 [RESERVED].

(Ord. passed 3-1-2004; Am. Ord. 00013, passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00038, passed 11-21-2006)

§ 154.051 [RESERVED].

(Ord. passed 3-1-2004; Am. Ord. 00013, passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00038, passed 11-21-2006)

§ 154.052 [RESERVED].

(Ord. passed 3-1-2004; Am. Ord. 00013, passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00038, passed 11-21-2006)

§ 154.053 [RESERVED].

(Ord. passed 3-1-2004; Am. Ord. 00013, passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00038, passed 11-21-2006)

§ 154.054 [RESERVED].

(Ord. passed 3-1-2004; Am. Ord. 00013, passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00038, passed 11-21-2006)

§ 154.055 MR-LIGHT INDUSTRIAL DISTRICT.

   The MR - Light Industrial District provides a place for the location of industrial and other uses that would be incompatible with general business areas. It is intended to , in this district, any use that is not inherently obnoxious to urban and rural areas because of noise, odor, smoke, light, vibration, dust or the use or storage of dangerous chemicals and/or materials.
   (A)   MR-LI Light Industrial District. Within the MR - Light Industrial District, the uses are permitted:
      (1)   Farm machinery assembly.
      (2)   Automotive components and parts manufacturing.
      (3)   Industrial equipment, sales and repairs.
      (4)   Machine and welding shops.
      (5)   Milk distribution facilities.
      (6)   Pharmaceutical manufacturing.
      (7)   Printing, publishing, reproducing establishments.
      (8)   Warehouses.
      (9)   Trucking terminals.
      (10)    .
      (11)    and per § 154.105(G).
      (12)   Manufacture, processing, distribution or fabrication of the products:
         (a)   Animal feeds;
         (b)   Bedding, carpets and pillows;
         (c)   Clothing, including hosiery;
         (d)   Electrical and electronic products;
         (e)   Fiber-optic cable;
         (f)   Foods, food products, beverages and beverage products, including bottling of beverages and beverage products;
         (g)   Furniture industries;
         (h)   Glass;
         (i)   Household appliances;
         (j)   Ice;
         (k)   Leather goods, not to include processing or storage of raw hides;
         (l)   Machine tools;
         (m)   Metals and metal products;
         (n)   Paints;
         (o)   Paper products, not including the manufacturing or processing of paper;
         (p)   Plastics;
         (q)   Pottery, porcelain and vitreous china;
         (r)   Rubber products, not to include the processing or manufacture of rubber;
         (s)   Soap, detergent and washing compounds;
         (t)   Textiles.
      (13)   Group 1 and activities (as defined in and subject to the requirements in §§ 154.090 through 154.101).
      (14)   Group 2 and activities (as defined in and subject to the requirements in §§ 154.090 through 154.101).
      (15)   Group 3 and activities (as defined in and subject to the requirements in §§ 154.090 through 154.101).
      (16)    subject to the list of uses permitted with standards to § 154.066(E)(1) including subject to § 154.089.
   (B)   Secondary uses. For purposes of this § 154.055, a SECONDARY USE is defined as a use which is incidental, supplemental or accessory to the of the and may include a or at any location upon the , which is utilized for a secondary use. Within the MR-Light Industrial District, the secondary uses are permitted:
      (1)   Cafeterias, restaurants and pubs, including catering activities.
      (2)   The promotion, sale and tasting of products manufactured or processed on site.
      (3)   Recreation facilities (indoor and outdoor).
      (4)   Assembly, including venues for entertainment and other special events and conferences.
      (5)   Facilities for alternative energy sources, including but not limited to , wind turbines, and converters or processors to recycle materials into usable energy to be used on site.
      (6)   Retail facilities (gift shop, sundry shop).
      (7)   Sales training and meeting facilities related to the , including overnight lodging.
      (8)    for production of goods to be used in connection with any permitted principal or secondary use.
      (9)    and , provided that the comply with the District's setbacks.
      (10)    be allowed as a secondary use as defined in this chapter. They not be allowed in except by Minor as approved by the Board of Adjustment. Application for a include justification for why the panels must be placed in the and show that there is no practical alternative. be subject to the setback requirements for in each district. Stand-alone be limited to 10 feet in height. attached to be extend more than 5 feet above the . Stand-alone that are secondary uses to residential uses not be required to buffer. Stand-alone that are secondary uses to commercial uses be required to plant a along side and rear lines as defined in the zoning definitions. Residential panels not produce more than 150% of the power required for the site.
      (11)   Wind turbines be allowed in all districts under a Major under § 154.138. Wind turbines be required to have a setback from all lines of 2 times the fall radius of the wind turbine.
   (C)   Uses requiring a Minor .
      (1)   Gasoline, oil or fuel products. Wholesale storage (including bottled gas and oxygen) above ground, provided is obtained from the fire marshal as required by the fire prevention code and all activity complies will applicable federal, and local laws, rules and regulations.
      (2)   Uses not otherwise named herein which come within the spirit and intent of this district; subject to a finding by the Board of Adjustment that both the conditions and the definition of in § 154.007(B) and those listed below are met.
         (a)   The proposed use would not involve the manufacture, use in manufacture, storage on, in, or above ground on the premises; any type of chemical, in any form, which due to its nature, is known to be hazardous to human health due to radiation or toxicity or known to be a carcinogen.
         (b)   The proposed use must meet all dimensional signage, buffer and parking requirements of this chapter.
   (D)   Dimensional requirements. Within the MR-Light Industrial District, as shown on the Zoning Map of the Town of Mills River, the dimensional requirements be met:
      (1)   Minimum lot size is 1 acre, and (s) footprint cover no more than 50% of the total lot area.
      (2)   Minimum mean lot width: 200 feet.
      (3)   Minimum setback from : 75 feet1.
      (4)   Minimum setback from all other : 60 feet.
      (5)   Minimum setback: 20 feet.
      (6)   Minimum setback for every : 15 feet.
      (7)   Maximum height of : 80 feet.
NOTE:
   1   Where the is more than 2 lanes, including parking lanes, setback requirements be measured and begin at a point on the pavement 12 feet from the edge of the paved abutting the subject .
   (E)   Accessory .
      (1)   Location of a guard house or security (s) may be in any front or , but must be at least 20 feet from any or highway line, and not within 10 feet of any lot line not a or highway line. An or use be located in the provided it is located not less than 10 feet from the line. In the case of a corner lot with reversed frontage, no extend beyond the line of the lots in the rear.
      (2)   Whenever the location of an abuts upon a residential use with no intervening or highway or natural buffer, any or parking areas used for non-residential purposes be screened with a along the line(s) as defined in § 154.007(B).
   (F)   Off- parking and loading requirement. Off- parking as required by this chapter may be permitted in required and within the required setback, but not be closer than 10 feet from the front line or any dedicated right-of-way.
   (G)   Buffer/ requirements.
      (1)   Whenever any non-residential MR - Light Industrial District rear and/or side line abuts upon a residential use with no intervening or highway or natural buffer, any or parking area used for non-residential purposes be screened with a along the line(s) as defined in § 154.007(B).
      (2)   In all other cases, uses in the MR-Light Industrial District comply with applicable landscaping and requirements in the Town of Mills River Landscape Ordinance.
(Ord. passed 3-1-2004; Am. Ord. 00013, passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00038, passed 11-21-2006; Am. Ord. 00055, passed 4-23-2009; Am. Ord. 00066, passed 4-28-2011; Am. Ord. 00071, passed 3-22-2012; Am. Ord. 00080, passed 5-23-2013; Am. Ord. 2021-06, passed 4-22-2021)

§ 154.056 [RESERVED].

(Ord. passed 3-1-2004; Am. Ord. 00013, passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00038, passed 11-21-2006; Am. Ord. 00066, passed 4-28-2011)

§ 154.057 MR-GENERAL BUSINESS DISTRICT.

   The MR - General Business District provides a place for offices, personal services, and the retailing of durable and convenience goods for the community. Districts are located on major thoroughfares and collector . Because these commercial uses are subject to public view and are important to the economy of the community, they have ample parking, controlled traffic movement and suitable landscaping.
   (A)   Uses. Within the MR - General Business District, the uses are permitted:
      (1)    and .
      (2)   Animal hospitals or kennels.
      (3)   Automobile parts and suppliers, repair garages, excluding open storage of wrecked or inoperable vehicles.
      (4)   Automobile sales, new and used.
      (5)   Automobile washing establishments.
      (6)   Bakeries and retail.
      (7)   Banks, loan offices and agencies.
      (8)   Barbershops and beauty shops.
      (9)    supply and equipment sales.
      (10)   Business, professional, government, religious, charitable offices or agencies.
      (11)    .
      (12)   Churches.
      (13)   Computer, sales and services.
      (14)   Convenience stores with gas pumps, provided the pumps are located at least 15 feet from all lines.
      (15)   Customary and when located on the same zoning lot as the principal , excluding open storage.
      (16)   Dairy bars and ice cream manufacturing for retail sales on the premises only.
      (17)   Dry cleaning or laundry pickup stations.
      (18)   Drug stores.
      (19)   Electrical and electronic products, retail.
      (20)   Electric repair shops.
      (21)    and per § 154.105(G).
      (22)   Florists.
      (23)   Funeral homes or mortuaries.
      (24)   Furniture and household appliance stores.
      (25)   Gift shops.
      (26)   Greenhouses or horticultural nurseries.
      (27)   Grocery, food, fruit and meat stores.
      (28)   Hardware stores.
      (29)   Jewelry shops.
      (30)   Kindergartens and day nurseries, provided that outdoor play area is enclosed by a sturdy fence at least 5 feet in height.
      (31)   Laundromats and similar automatic laundries.
      (32)   Libraries, art galleries, museums, music or dancing institutions or schools.
      (33)   Locksmiths and gunsmiths.
      (34)   Newspaper offices.
      (35)    .
      (36)   Office supplies and equipment, sales and services.
      (37)   Opticians.
      (38)   Photographic studios and camera supply stores.
      (39)   Physical fitness centers.
      (40)   Plumbing supply, retail.
      (41)   Printing, publishing and reproducing establishments.
      (42)   Public or privately owned medical and dental , and offices where medical or dental services are rendered.
      (43)   Radio and television repair shops.
      (44)   Restaurants.
      (45)   Retail establishments such as a department, clothing, fabric, variety, floor covering, paint, antique, art goods, gift, music, toy, sporting goods, book and stationery, magazine, candy, tobacco, pet, hobby and craft stores, but not excluding similar retail outlets.
      (46)   Service stations, provided that all gasoline pumps and other stationary equipment be located at least 15 feet behind the line. Furthermore, all sides where the stations abut residential districts, a fence 6 feet in height and suitable landscaping be provided.
      (47)   Shoe repair shops.
      (48)   Sign making and painting shops.
      (49)   Tailor and dressmaking shops.
      (50)   Wholesale and warehouse establishments except for the storage of uncured hides, explosives, oil products, gasoline, harmful or dangerous chemicals or materials, and the like.
      (51)   Group 1 and activities (as defined in and subject to the requirements in §§ 154.090 through 154.101).
      (52)   Group 2 and activities (as defined in and subject to the requirements in §§ 154.090 through 154.101).
      (53)   Group 3 and activities (as defined in and subject to the requirements in §§ 154.090 through 154.101).
      (54)    as a secondary use by right to the primary use of indoor in the Mills River General Business (MR-GB) District. A maximum of 2 machines be allowed per establishment.
      (55)     be allowed as a secondary use as defined in this chapter. They not be allowed in except by a Minor  as approved by the Board of Adjustment. Application for a    include justification for why the panels must be placed in the and show that there is no practical alternative.   be subject to the setback requirements for in each district. Stand-alone   be limited to 10 feet in height. attached to   be extend more than 5 feet above the . Stand-alone that are secondary uses to residential uses not be required to buffer. Stand-alone that are secondary uses to commercial uses be required to plant a along side and rear lines as defined in the zoning definitions. Residential panels not produce more than 150% of the power required for the site.
      (56)   Wind turbines be allowed in all districts under a   under § 154.138. Wind turbines be required to have a setback from all lines of 2 times the fall radius of the wind turbine.
   (B)   Uses requiring a Minor  .
      (1)   Commercial uses not otherwise named herein which come within the spirit and intent of this district; subject to a finding by the Board of Adjustment that both the conditions and the definition of in § 154.007(B) are met.
      (2)    .
      (3)   Hotels, inns, and motels.
      (4)   Bowling alleys, skating rinks, miniature , gymnasiums and other private or publicly owned and operated recreational facilities.
      (5)   Drive-in restaurants.
      (6)   Assembly halls, auditoriums and similar .
      (7)   Mixed uses, where are erected for both dwelling and business purposes, provided the be furnished with on each side of the measuring not less than 8 feet in width. This regulation not apply to the side of a corner lot.
      (8)   Retail and wholesale sales and storage of propane, provided is obtained from appropriate fire marshal and the conditions and the definition of in § 154.007(B) are met.
      (9)   Structured Home Environments, subject to the conditions listed under § 154.085.
   (C)     Dimensional requirements. Within the MR- General Business District, as shown on the Zoning Map of the Town of Mills River, the dimensional requirements be met:
      (1)   There is no minimum lot size, however the (s) footprint cover no more than 50% of the total lot area.
      (2)   Minimum mean lot width: 75 feet.
      (3)   Minimum setback from : 50 feet1.
      (4)   Minimum setback from all other : 40 feet.
      (5)   Minimum setback: 30 feet.
      (6)   Minimum setback for every : 15 feet.
      (7)   Maximum height of : 50 feet.
   NOTE:
   1   Where the is more than 2 lanes, including parking lanes, setback requirements be measured and begin at a point on the pavement 12 feet from the edge of the paved abutting the subject .
   (D)   Accessory .
      (1)   An or use be located in the provided it is located not less than 10 feet from the line. In the case of a corner lot with reversed frontage, no extend beyond the line of the lots in the rear.
      (2)   Whenever the location of an abuts upon a residential use with no intervening or highway or natural buffer, any or parking area used for non-residential purposes be screened with a along the line(s) as defined in § 154.007(B).
   (E)   Off- parking and loading requirement. Off- parking as required by this section may be permitted in required , but not be closer than 10 feet from the front line or any dedicated right-of-way.
   (F)   Buffer/ requirements.
      (1)   Whenever any non-residential MR-General Business rear and/or side line abuts upon a residential use with no intervening or highway or natural buffer, any or parking area used for non-residential purposes be screened with a along the line(s) as defined in § 154.007(B).
      (2)    In all other cases, uses in the MR-General Business District comply with applicable Landscaping and requirements in the Town of Mills River Landscape Ordinances.
(Ord. passed 3-1-2004; Am. Ord. 00013, passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00038, passed 11-21-2006; Am. Ord. 00055, passed 4-23-2009; Am. Ord. 00067, passed 7-22-2010; Am. Ord. 00066, passed 4-28-2011; Am. Ord. 00080, passed 5-23-2013; Am. Ord. 2021-06, passed 4-22-2021)

§ 154.058 MR-NEIGHBORHOOD COMMERCIAL.

   The purpose of this district is to provide for compatible residential and commercial uses, which protect and enhance the rural characteristic of Mills River.
   (A)   Uses. Within the MR Commercial district, the uses are permitted:
      (1)    or conducted within an enclosed .
      (2)    making products sold primarily at retail on the premises.
      (3)   Other public utilities, public facilities and public .
      (4)   Offices: business, professional, medical and public.
      (5)   Single-family dwellings.
      (6)    .
      (7)    , , and .
      (8)    .
      (9)    and per § 154.105(G).
      (10)   Customary .
      (11)   Group 1 and activities as defined in and subject to the requirements in §§ 154.090 through 154.101 of Mills River Zoning Ordinance.
      (12)   Group 2 and activities as defined in and subject to the requirements in §§ 154.090 through 154.101 of Mills River Zoning Ordinance.
      (13)    be allowed as a secondary use as defined in this chapter. They not be allowed in except by a Minor as approved by the Board of Adjustment. Application for a include justification for why the panels must be placed in the and show that there is no practical alternative. be subject to the setback requirements for in each district. Stand-alone be limited to 10 feet in height. attached to be extend more than 5 feet above the . Stand-alone that are secondary uses to residential uses not be required to buffer. Stand-alone that are secondary uses to commercial uses be required to plant a along side and rear lines as defined in the zoning definitions. Residential panels not produce more than 150% of the power required for the site.
      (14)   Wind turbines be allowed in all districts under a Major under § 154.138. Wind turbines be required to have a setback from all lines of 2 times the fall radius of the wind turbine.
   (B)   Uses allowed under a Minor . The uses be permitted, subject to a finding by the Board of Adjustment that both the conditions in the definition of SPECIAL USES in § 154.007(B) and those conditions listed below will be met:
      (1)   Hospitals, , veterinary , libraries, schools and churches, excluding cemeteries.
      (2)   Restaurants, establishments.
      (3)   Home occupations.
      (4)    , including auditoriums, theaters for the performing arts, museums, art galleries, symphony and concert halls and historical societies. The uses must meet the same site requirements stated in § 154.047(A)(9).
      (5)   Structured Home Environments, subject to the conditions listed under § 154.085.
   (C)   Dimensional requirements–Residential. Within the MR– Commercial District, as shown on the Zoning Map of the Town of Mills River, the dimensional requirements be met:
      (1)   Minimum lot area: 30,000 square feet.1
      (2)   Minimum lot area per dwelling: 30,000 square feet1.
      (3)   Maximum size: N/A.
      (4)   Maximum : 50 feet.
      (5)   Minimum setback from : 75 feet2.
      (6)   Minimum setback from all other : 60 feet.
      (7)   Minimum setback: 30 feet.
      (8)   Minimum setback for every : 30 feet.
   (D)   Dimensional requirements–non-residential. Within the MR– Commercial District, as shown on the Zoning Map of the Town of Mills River, the dimensional requirements be met:
      (1)   Minimum lot area: 30,000 square feet.1
      (2)   Maximum size: 10,000 square feet.
      (3)   Maximum : 30 feet.
      (4)   Minimum setback from : 75 feet2.
      (5)   Minimum setback from all other : 60 feet.
      (6)   Minimum setback: 30 feet.
      (7)   Minimum setback for every : 30 feet.
   NOTE:
   1   This minimum lot size not apply to existing residential lots nor lots which have been platted and recorded with the Henderson County Register of Deeds as of 31 July 2004. In cases where the Watershed Protection Ordinance requires a larger lot size, the Henderson County Water Supply Watershed Ordinance prevail.
   2   Where the is more than 2 lanes, including parking lanes, setback requirements be measured and begin at a point on the pavement 12 feet from the edge of the paved abutting the subject .
   (E)   Maximum permissible lot coverage. The total ground area covered by the in this district not exceed 50% of the total lot area.
   (F)   Buffer/ Requirements.
      (1)   Whenever any non-residential MR- Commercial District rear and/or side line abuts upon a residential use with no intervening or highway or natural buffer, any or parking area used for non-residential purposes be screened with a along the line(s) as defined in § 154.007(B).
      (2)   In all other cases, uses in the MR- Commercial District comply with applicable landscaping and requirements in the Town of Mills River Landscape Ordinance.
(Ord. passed 3-1-2004; Am. Ord. 00013, passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00038, passed 11-21-2006; Am. Ord. 00055, passed 4-23-2009; Am. Ord. 00066, passed 4-28-2011; Am. Ord. 00080, passed 5-23-2013; Am. Ord. 2021-06, passed 4-22-2021)

§ 154.059 [RESERVED].

(Ord. passed 3-1-2004; Am. Ord. 00013, passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00038, passed 11-21-2006)

§ 154.060 [RESERVED].

(Ord. passed 3-1-2004; Am. Ord. 00013, passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00038, passed 11-21-2006)

§ 154.061 [RESERVED].

(Ord. passed 3-1-2004; Am. Ord. 00013, passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00038, passed 11-21-2006)

§ 154.062 [RESERVED].

(Ord. passed 3-1-2004; Am. Ord. 00013, passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00038, passed 11-21-2006)

§ 154.063 [RESERVED].

(Ord. passed 3-1-2004; Am. Ord. 00013, passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00038, passed 11-21-2006)

§ 154.064 [RESERVED].

(Ord. passed 3-1-2004; Am. Ord. 00013, passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00038, passed 11-21-2006)

§ 154.065 MR-RR, RURAL RESIDENTIAL DISTRICT.

   The purpose of this district is to facilitate orderly development in rural areas not well served by public utilities where the primary uses of land are single-family residential on large lots, agricultural, and rural light commercial uses. This district is meant to allow uses compatible with the 's rural areas while also maintaining the rural and small town character of the community.
   (A)   MR-RR, Rural Residential District. Within the MR-RR Rural Residential District, the following uses are permitted:
      (1)   Single-family dwellings.
      (2)   Accessory dwelling units conforming to the standards of § 154.065(F).
      (3)   Duplexes. An attached, two-family dwelling.
      (4)   Religious institutions and churches.
      (5)   Cemeteries on property contiguous to or adjacent to the principal church or religious assembly building, provided that all plots shall be set back at least 20 feet from any property line.
      (6)   Signs not more than 4 feet square in area advertising the sale or rental of property on which they are located.
      (7)   Customary accessory buildings, including private garages, noncommercial greenhouses and workshops.
      (8)   Farm and produce stands.
      (9)   Family care homes.
      (10)   Family child care homes.
      (11)   Childcare facilities.
      (12)   Club or lodge.
      (13)   Community building.
      (14)   Adult day care facilities.
      (15)   Public facilities and public buildings associated with a governmental or public entity providing a public service.
      (16)   Indoor commercial shooting range with or without onsite weapons sales.
      (17)   Riding stables.
      (18)   Parks and public recreational facilities.
      (19)   Golf course and/or country club.
      (20)   Camp.
      (21)   Bed and breakfast.
      (22)   Incidental home occupations.
      (23)   Group 1 and 2 communications towers and tower activities as defined in and subject to the requirements in §§ 154.090 through 154.101 of Mills River Zoning Ordinance.
      (24)   Solar panels shall be allowed as an accessory use as defined in this chapter. They shall not be allowed in front yards except by minor special use permit as approved by the Board of Adjustment. Application for a special use permit shall include justification for why the panels must be placed in the front yard and show that there is no practical alternative. Solar panels shall be subject to the setback requirements for structures in each district. Stand-alone solar panels shall be limited to 10 feet in height. Solar panels attached to buildings shall be extend more than 5 feet above the building. Stand-alone solar panels that are secondary uses to residential uses shall not be required to buffer. Stand-alone solar panels that are secondary uses to commercial uses shall be required to plant a buffer strip along side and rear property lines as defined in the zoning definitions.
   (B)   Uses allowed under a major special use permit. The following uses shall be permitted, subject to the procedures, standards, and conditions listed under § 154.138 and § 154.180.
      (1)   Planned residential developments, subject to the conditions and procedures listed under § 154.081.
      (2)   Single-family residential cluster developments, subject to the conditions and procedures listed under § 154.080.
      (3)   Medical, institutional care development, subject to the conditions and procedures listed under § 154.084.
      (4)   Group 6 communications towers and tower activities as defined in and subject to the requirements in §§ 154.090 through 154.101 of Mills River Zoning Ordinance.
      (5)   Structured home environments, subject to the conditions and procedures listed under § 154.085.
      (6)   Manufactured home parks, subject to the conditions and procedures listed under Chapter 151.
   (C)   Uses allowed under a minor special use permit. The following uses shall be permitted, subject to the procedures, standards, and conditions listed under § 154.137 and § 154.179(C).
      (1)   Landscaping materials sales and storage.
      (2)   Machining, assembly, and service operations in an enclosed building of 7,500 sf or less of gross floor area.
      (3)   Offices: business, professional, and public.
      (4)   Kennel and animal boarding facilities.
      (5)   Transformer and public utility stations, provided that:
         (a)   Transformer stations.
            1.   The structures are placed not less than 75 feet from any property line.
            2.   The structures are enclosed by a woven-wire fence at least 8 feet high.
            3.   No vehicle or equipment is stored on the premises.
            4.   There is an evergreen planted buffer strip along the side and rear property lines.
         (b)   Public utility stations.
            1.   The structures are located on sufficient land to meet all setback requirements of this chapter.
            2.   The stations are completely enclosed, either by a building or a wire fence at least 8 feet high.
            3.   There is an evergreen planted buffer strip along the side and rear property lines.
   (D)   Dimensional requirements - nonresidential. Within the MR-RR Rural Residential District, as shown on the Zoning Map of the Town of Mills River, the following dimensional requirements shall be met for nonresidential uses:
      (1)   Minimum lot area: 1.5 acres. 1
      (2)   Maximum building size: 7,500 square feet.
      (3)   Maximum building height: 30 feet.
      (4)   Minimum front yard setback from major street: 100 feet 2 .
      (5)   Minimum front yard setback from all other streets: 60 feet.
      (6)   Minimum rear yard setback: 30 feet.
      (7)   Minimum side yard setback for every principal building: 30 feet.
   (E)   Dimensional requirements - residential. Within the MR-RR Rural Residential District, as shown on the Zoning Map of the Town of Mills River, the following dimensional requirements shall be met for residential uses:
      (1)   Minimum lot area: 1.5 acres 1
      (2)   Maximum density: 1.5 acres per principal dwelling unit.
      (3)   Maximum building size: N/A.
      (4)   Maximum building height: 40 feet.
      (5)   Minimum front yard setback from major street: 40 feet.
      (6)   Minimum front yard setback from all other streets: 30 feet.
      (7)   Minimum rear yard setback: 15 feet.
      (8)   Minimum side yard setback for every principal or accessory building: 15 feet.
   (F)   Accessory Dwelling Unit (ADU) standards.
      (1)   Only 1 accessory dwelling unit shall be permitted and only on a lot containing a principal single-family dwelling unit in the MR-RR Zoning District.
      (2)   The accessory dwelling unit shall not be considered a separate dwelling unit for the purpose of determining maximum residential density or minimum lot size requirements.
      (3)   The maximum size of an accessory dwelling unit shall be 1,000 sf or 60% of the gross floor area of the principal dwelling on the lot, whichever is less.
      (4)   The accessory dwelling unit shall adhere to the building setback requirements for principal buildings in the MR-RR Zoning District.
      (5)   The accessory dwelling unit may be located within the same structure as the principal dwelling unit, or it may be a separate structure. If within the same structure as the principal dwelling, the accessory dwelling unit shall have a separate and distinct entrance. If an accessory dwelling unit is located in a separate structure, the following standards shall apply:
         (a)   The accessory structure housing the accessory dwelling unit shall be located behind the principal dwelling.
         (b)   Vehicular access to the accessory dwelling unit shall be via the same private driveway that provides access to the principal dwelling unit.
      (6)   One parking space shall be provided for the accessory dwelling unit.
      (7)   The use of manufactured homes, mobile homes, travel trailers, campers, tiny homes, park models, recreational vehicles, or similar units as an accessory dwelling is prohibited.
      (8)   The accessory shall not be subdivided or separated from the lot that contains the principal dwelling unit for the property.
      (9)   The accessory shall not be deeded and/or conveyed to separate and/or distinct ownership different from the principal .
   (G)   Buffer and screening requirements.
      (1)   Whenever any MR-RR Rural Residential District non-residential rear and/or side property line abuts upon a residential use with no intervening street or highway or natural buffer, any buildings or parking area used for non-residential purposes shall be screened with a buffer strip along the property line(s) as defined in § 154.007(B).
      (2)   In all other cases, uses in the MR-RR Rural Residential District shall comply with applicable landscaping and screening requirements in the Town of Mills River Landscape Ordinance.
(Ord. passed 3-1-2004; Am. Ord. 00013, passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00038, passed 11-21-2006; Am. Ord. 2024-10, passed 6-13-2024)

§ 154.066 MR-MIXED USE DISTRICT.

   The MR-Mixed Use District is established to allow all uses (excluding and and ) but to regulate certain uses so as to ensure that impact is mitigated. The impact from the uses listed below will be mitigated through the use of minimum specific site standards combined with general standards which provide the flexibility to impose a higher level of specific site standards dependent upon the degree of impact.
   (A)   Minimum residential lot size. In keeping with the intent to enhance and protect the rural character of Mills River, residential lot sizes be no less than 30,000 square feet per single-family dwelling. This minimum lot size not apply to existing residential lots nor residential lots which have been platted and recorded with the Henderson County Register of Deeds as of 31 July 2004. In cases where the Watershed Protection Ordinance requires a larger lot size, the Henderson County Water Supply Watershed Ordinance prevail.
   (B)   Maximum residential density. In keeping with the intent to enhance and protect the rural character of Mills River, residential density shall not exceed 1 dwelling unit per 30,000 square feet of land for detached single-family dwellings. This density requirement shall not apply to multi-family developments, tiny home parks, park model parks, RV parks, and manufactured home parks, which may not exceed 4 dwelling units per acre, per §§ 154.082, 154.086 and 154.067.
   (C)   Definitions. The definitions are applicable in this § 154.066 and in other sections of this chapter only as specifically stated in the other sections:
      ACCESS ROAD CORRIDOR. A private passageway containing a road, , driveway, and the like, that provides the principal means of direct vehicular entry and/or exit between a regulated use and a paved, public road, or highway. An access road corridor be located entirely on the subject or on an appurtenant. An access road corridor contain a clear and unobstructed , except for any necessary security gates, and have a minimum vertical clearance of a least 13 feet, 6 inches.
      BUFFER. A continuous strip of land, measured from the lines or from any bordering or traversing the (whichever is closer to the or ), in which no development or may occur, but which may contain , , interior service roads not intended for patron use, , and gate or security houses. may cross the buffer at entrance and exit points only.
      EXTREMELY HAZARDOUS FACILITY. Any industrial facility that stores, handles, processes or manufactures any material, substance or product that is considered to be a Class 1 explosive; a Class 2, Division 2.3 gas (gases toxic by inhalation); a Class 6 toxic material or infectious substance; or a Class 7 radioactive substance or material, all as classified by the United States Department of Transportation Hazard Classification System.
      EXTREMELY HAZARDOUS SUBSTANCE. Any material, substance or product that is considered to be a Class 1 explosive; a Class 2, Division 2.3 gas (gases toxic by inhalation); a Class 6 toxic material or infectious substance; or a Class 7 radioactive substance or material, all as classified by the United States Department of Transportation Hazard Classification System.
      HEAVY INDUSTRY. Any establishment that is an as defined in § 154.066(A) of this chapter, or is a large quantity generator of hazardous waste as that term is defined by the North Carolina Department of Environment and Natural Resources. Specifically excluded from this definition are those establishments that are not that operate in an enclosed (s) or (s) having a total of less than 30,000 square feet; and those uses listed in § 154.066(G)(1)(a) through (k).
      SETBACK. A continuous strip of land, measured from the lines or from any bordering or traversing the (whichever is closer to the or ) in which no principal structure is permitted. Limited development, including and related development, parking lots and accessory and , , and interior service roads, may occur within the setback.
   (D)   Uses allowed by right. All uses are allowed by right in the MR-Mixed Use District unless otherwise regulated by this section or other parts of the Mills River Town Code. All uses must secure a zoning compliance permit from the Town of Mills River before beginning land disturbance or construction, to ensure that all Town permitting requirements are met.
      (1)   Accessory and of all uses allowed by right in the MR-Mixed Use District are exempted from those regulations contained in § 154.112.
   (E)   Uses governed by other ordinances. Within the MR-Mixed Use District the uses will be allowed but will be entirely governed by the specified ordinances adopted by the Mills River Town Council:
      (1)    : subject to compliance with Chapter 151 of the Mills River Town , as may be amended.
      (2)   Communication : subject to compliance with Chapter 152 of the Mills River Town , as may be amended.
   (F)   Uses permitted with standards.
      (1)   The uses be permitted with standards:
         (a)    (See § 154.087).
         (b)    (See § 154.087).
      (2)   Uses permitted with standards require a zoning from the .
      (3)    be allowed as a secondary use as defined in this chapter. They not be allowed in except by Minor as approved by the Board of Adjustment. Application for a include justification for why the panels must be placed in the and show that there is no practical alternative. be subject to the requirements for in each district. Stand-alone be limited to 10 feet in height. attached to be extend more than 5 feet above the . Stand-alone that are secondary uses to residential uses not be required to . Stand-alone that are secondary uses to commercial uses be required to plant a along side and rear lines as defined in the zoning definitions. Residential panels not produce more than 150% of the power required for the site.
      (4)   Wind turbines be allowed in all districts under a Major under § 154.138. Wind turbines be required to have a from all lines of 2 times the fall radius of the wind turbine.
   (G)   (Reserved)
   (H)   .
      (1)   The be permitted in the MR-Mixed Use District under a Major , subject to the Mills River Town Council finding that both the general site standards stated in § 154.138 and those specific site standards listed in § 154.087, if any, will be met:
         (a)    .
         (b)    .
         (c)    .
         (d)    .
         (e)    .
         (f)    .
         (g)    .
         (h)    .
         (i)    .
         (j)    .
         (k)    .
         (l)    .
      (2)   It is expressly acknowledged that the above-referenced uses will not adversely affect the health or safety of persons residing or working in the of the proposed use and will not be detrimental to the public welfare or injurious to or public improvements in the as long as the site standards as specified in § 154.087 and the general site standards as specified in § 154.138(D) are met.
   (I)   Prohibited uses. The uses be prohibited in the MR-Mixed Use District:
      (1)    , unless preempted pursuant to G.S. § 130A-293.
      (2)    , unless preempted pursuant to G.S. § 104E-6.2.
      (3)    .
   (J)   Expansion and alteration of certain uses in the MR-Mixed Use District.
      (1)   Uses having a  . The requirements apply to those uses listed in § 154.066(G) which receive a after the effective date of a Zoning Map of the Town of Mills River amendment applying the MR-Mixed Use District in the applicable area:
         (a)   Alteration of a use (without physical expansion). Alterations of the operations of a use be allowed as long as the alterations do not violate any specific standards of this chapter (see § 154.087), general standards of this chapter (see § 154.138) or conditions of the . If an alteration would result in the violation of any specific standards of this chapter (see § 154.087), general standards of this chapter (see § 154.138) or conditions of the , an amendment to the be required, otherwise the alteration will be deemed a violation of this chapter. This subsection not be deemed to allow a use to change to another use listed in § 154.066(G) without applying for a new . Alterations of operations include, but not be limited to, increases in productivity arising from the addition of equipment, the addition of employee shifts or the change of means and methods.
         (b)   Physical expansion of a use. A use may expand its facilities without any additional restrictions and without securing an amendment to the if the specific standards of this chapter (see § 154.087), general standards of this chapter (see § 154.138), or the conditions of the , if any, will not be violated and if the total size of the or areas devoted to the after the proposed expansion would not be increased by more than 10%. Notwithstanding the foregoing, no use may expand in accordance with the terms of this exception on more than 2 occasions without securing an amendment to the . All other expansions will require an amendment to the . If any condition of the will be violated by a proposed expansion to facilities, or the proposed expansion will result in more than 2 expansions to facilities pursuant to the exception contained herein above, or the expansion results in the total size of the or areas devoted to the being expanded by more than 10%, then the expansion will be deemed a violation of this chapter.
      (2)   Uses for which a   was not required when established. For those uses of the same type as those listed in § 154.066(G) constructed or established after the effective date of a Zoning Map of the Town of Mills River amendment applying the MR-Mixed Use District in the applicable area, which did not require a when the use was constructed or established, any expansion or alteration to the operations, or any expansion or alteration to the or areas devoted to the , which bring the use within the definition for those uses listed in § 154.066(G) require a . The entire use, including but not limited to the expansion or alteration, be required to comply with all applicable standards in the MR-Mixed Use District.
      (3)   Preexisting uses. For those uses of the same type as those listed in § 154.066(G) constructed or established before the effective date of a Zoning Map of the Town of Mills River amendment applying the MR-Mixed Use District in the applicable area the requirements apply:
         (a)   Alteration of a use (without physical expansion). Alterations of the operations of a use of the type listed in § 154.066(G) be allowed without a if the use did not meet the definition of 1 of the uses listed in § 154.066(G) when constructed or established, and the alteration does not bring the use within the definition for 1 of the uses listed in § 154.066(G). If, however, the alteration will bring the use within the definition of 1 of the uses listed in § 154.066(G), then a be required. Once a is obtained for a preexisting use, however, further alterations be governed by § 154.066(I)(1)(a) above.
         (b)   Physical expansion of a use. Expansions of the facilities for uses of the type listed in § 154.066(G) be allowed without a if the use would not have met the definition of one of the uses listed in § 154.066(G) when constructed or established, and the expansion does not bring the use within the definition for one of the uses listed in § 154.066(G). If, however, the expansion will bring the use within the definition of one of the uses listed in § 154.066(G) or the use would have met the definition of one of the uses listed in § 154.066(G) when constructed or established, then a be required. Once a is obtained for a preexisting use, however, further expansions be governed by § 154.066(I)(1)(b) above.
         (c)   Applicable standards. Notwithstanding any provisions of this chapter, alterations or expansions to uses required to obtain a pursuant to this § 154.066(I)(3) [whether or not they are later governed by § 154.066(I)(1)(a) or § 154.066(I)(1)(b) above] be required to meet the specific site standards listed in § 154.087 to the extent possible for the expanded or altered portion of the facility or operation only. Any the alteration or expansion be required to meet the general standards listed in § 154.138 with or without conditions imposed by the Mills River Town Council as allowed by this chapter. The conditions may include, but not be limited to, imposition of specific site standards of the types listed in § 154.087. Notwithstanding anything herein to the contrary, development occurring around a preexisting use will not affect the ability of the use to alter or expand its facilities or operations.
   (K)   Subsequent events. Events occurring subsequent to the date of an application for a for those uses in the MR-Mixed Use District requiring the , including but not limited to the location of a health-care facility or within the stated or a change in the , not operate to invalidate the or affect the ability of the use to alter or expand its facilities or operations. In addition, development occurring around a preexisting use or a use for which a was not required when established will not affect the ability of the use to alter or expand its facilities or operations.
   (L)   Dimensional requirements - nonresidential. Within the MR-Mixed Use District, as shown on the Zoning Map of the Town of Mills River, the dimensional requirements be met:
      (1)   Maximum size: 15,000 square feet. as defined in § 154.007(B) are exempt from this provision for size maximum.
      (2)   Maximum : 40 feet.
      (3)   Minimum from : 75 feet. 2
      (4)   Minimum from all other : 60 feet.
      (5)   Minimum rear and : 30 feet.
   (M)   / requirements.
      (1)   Whenever any non-residential MR-Mixed Use rear and/or side line abuts upon a residential use with no intervening or highway or natural , any or parking area used for non-residential be screened with a along the line(s) as defined in § 154.007(B).
       (2)   In all other cases, uses in the MR-Mixed Use District comply with applicable landscaping and requirements in the Town of Mills River Landscape Ordinance.
(Ord. passed 3-1-2004; Am. Ord. 00013, passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00038, passed 11-21-2006; Am. Ord. 00066, passed 4-28-2011; Am. Ord. 00080, passed 5-23- 2013; Am. Ord. 2018-03, passed 3-8-2018; Am. Ord. 2018-10, passed 11-8-2017; Am. Ord. 2021-06, passed 4-22-2021; Am. Ord. 2024-03, passed 4-11-2024)

§ 154.067 MR-CONDITIONAL ZONING DISTRICT.

   (A)   It is recognized that certain types of zoning districts would be inappropriate at particular locations in the absence of special conditions. Some land uses are of such a nature or scale that they have significant impacts on both the immediately surrounding area and on the entire community which cannot be predetermined and controlled by general district standards. There are also circumstances in which a general district designation allowing such a use by-right would not be appropriate for a particular , even though the use itself could, if properly planned, be appropriate for the consistent with the objectives of this chapter and the Making Mills River 2040 Comprehensive Plan.
   (B)   Establishment of a Conditional Zoning District only be considered upon the request of all the and/or their representatives of the to be included. A Conditional Zoning not be initiated by the , the Planning Board, the Board of Adjustment, the Town Manager, the , or other Town staff.
   (C)   As authorized under G.S. 160D-703, the following conditional districts are established which require the submission of an application and a master plan as a prerequisite to any .
      (1)   A Residential Conditional Zoning District (MR-R-CD).
      (2)   Commercial Conditional Zoning District (MR-C-CD).
      (3)   Industrial Conditional Zoning District (MR-I-CD).
      (4)   Mixed Use Conditional Zoning District (MR-M-CD).
   (D)   Each district is subject to applicable standards and conditions imposed by the in the ordinance creating the district. If the ordinance creating a conditional zoning district fails to provide specific standards, any in the district comply with the applicable standards for the corresponding base district contained in this chapter. These conditional districts are not intended to relieve hardships that should be resolved by means of a variance.
   (E)   The conditional zoning district classification allows projects of innovative design and layout that would not otherwise be permitted under this chapter because of the strict application of conventional zoning district standards or other general standards. Conditional zoning encourages innovative land planning and design concepts by:
      (1)   Reducing or eliminating the inflexibility that sometimes results from strict application of zoning and standards that were designed primarily for individual ;
      (2)   Allowing greater freedom in selecting the means to provide access, light, open space, and design amenities;
      (3)   Allowing greater freedom in providing a mix of land uses in the same , including a mix of housing types and non-residential uses in a conditional zoning district;
      (4)   Promoting quality urban design and environmentally sensitive by allowing to take advantage of special site characteristics, locations, and land uses.
   (F)   In return for greater flexibility in site design requirements, conditional zoning districts are expected to deliver exceptional quality community designs that preserve critical environmental resources, provide high quality open space amenities, incorporate creative design in the layout of , open space and circulation; assure compatibility with surrounding land uses and character; and provide greater efficiency in the layout and provision of roads, utilities, and other infrastructure.
      (1)   (a)   In order to apply for a rezoning to a conditional zoning district, proposed projects and subject must meet both of the following minimum requirements:
         (b)   Subject must have Making Mills River Comprehensive Plan, Future Land Use Map designation of Community Center, Industrial and Employment, or Community Crossroads districts. Subject total contiguous acreage: 2 acres.
      (2)   (a)   Uses.
         (b)   Each conditional zoning district ordinance specify allowable uses and associated approval processes as one of the following:
            1.   Permitted by Right (P). A use which is permitted by right must comply with the standards mutually agreed to for the conditional district.
            2.   Permitted with Standards (PS). Same as above except that the use must comply with 1 or more additional standards not required of other permitted uses in the district.
            3.    (SUP). Requires issuance of a Major or Minor from or the Board of Adjustment, respectively.
      (3)    standards.
         (a)   Certain standards not be altered by means of a conditional zoning district, these include: water supply watershed regulations, stormwater regulations, water supply permitting, wastewater permitting, NCDOT driveway permitting, and any other or federal requirements, such as sedimentation and erosion control permitting, and stream and wetland disturbance permitting.
            1.   Residential in a conditional district must adhere to the Town requirement of a maximum of 1 per 30,000 SF for detached single- , and 4 dwelling units per acre for multifamily , , , and .
            2.   Residential minimum size in a conditional district must adhere to the Town requirement of no less than 30,000 SF for detached single- , and 20,000 SF for single residential cluster s and planned residential . size requirements are waived for multifamily .
         (b)   Unless specifically stated in the approving ordinance all must comply with existing standards for parking, landscaping, corridor overlay district architectural requirements, road construction standards, , and setbacks, as identified in the most closely related conventional zoning district.
         (c)   Conditional zoning districts allow for modifications to any or all of the following:
            1.   Uses.
            2.    .
            3.    size.
            4.    architectural design.
            5.   Parking.
            6.   Landscaping.
            7.   Setbacks.
            8.   Open space.
            9.   Signage.
            10.   Number of Principle Uses or .
(Ord. 2023-04, passed 9-14-2023)