Compliance with the requirements of this chapter is mandatory, except that under the specific conditions enumerated in the following sections of this subchapter, the requirements may be waived or modified as so stated.

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. 10-13-2005; Am. Ord. 2021-06, passed 4-22-2021)

   (A)   Lots of insufficient land area. Where the owner of a lot at the time of the adoption of this chapter or any amendment thereto or his or her successor in title thereto does not own sufficient land to enable him or her to conform to the minimum lot area requirements of this chapter, the lot may nonetheless be used as a building site, provided that any principal structure on an existing lot with an area below the minimum set forth in this chapter shall meet the setbacks required in the district. Applicants that cannot meet the setback requirements may appeal to the Board of Adjustment as provided in § 154.105(F). If, however, the owner of two (2) or more adjoining lots either of which contains insufficient land area to comply with the applicable provisions of this chapter decides to build on or sell these lots as a building lot, he or she must first combine the lots to comply with the area and dimensional requirements of this chapter and meet the lot design standards of Chapter 153 Subdivisions . As used in the section, “the time of the adoption of this chapteror any amendment thereto” means the date on which this chapter or any amendment thereto is made applicable to the use district in which the lot islocated.

   (B)   Nonconforming occupied lots established prior to the date this chapter is adopted or any amendment thereto. Any lot on which a building is located or improvements thereon shall be considered a nonconforming occupied lot if the building or improvement located on the lot was lawfully constructed in compliance with the Henderson County Zoning Ordinance prior to the date this chapter or any amendment thereto is adopted. All conditions and provisions of Subsection A of this section and § 154.105 , "Nonconforming Uses " shall apply to the aforementioned lots and the development thereon.

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00055, passed 4-23-2009; Am. Ord. 2021-06, passed 4-22-2021)

   (A)   Front yard setback requirements. The front yard setback requirements of this chapter for buildingsshall not apply on any lot where the average setback of existing buildings located wholly or in part within 100 feet on each side of the lot within the same block and zoning district and fronting on the same side of the street is less than the minimum required setback. In such cases, the setback may be less than the required setback but not less than the average of the setbacks of the aforementioned existing buildings .

   (B)   Reduction of front yard setback for single-family dwellings on steep slopes.

      (1)   On undeveloped lots for single-family dwellings located in the MR-30 District, the minimum front yard setback requirements may be reduced as follows:

         (a)   Where the average slope at the proposed building site is greater than 18% but is less than 25%, the minimum front yard setback may be reduced by 10 feet.

         (b)   Where the average slope at the proposed building site is equal to or greater than 25% but is less than 35%, the minimum front yard setback may be reduced by 15 feet.

      (2)   The Zoning Administratorshall verify that lots qualify for the reduction in front yard setbacks and may therefore require that documentation indicating the average slope at proposed building sites be submitted at the time of application for zoning compliance permits . The average slope (percent) of a proposed building site shall equal the difference in elevation divided by the horizontal distance measured from a point 100 feet from the front property line (edge of right-of-way).

      (3)   The provisions of this section shall not apply to undeveloped lots for single-family dwellings which front on a major street as defined by this chapter.

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. passed 10-13-2005)

   Where a side yard abuts a street , the setback requirements for the side yardshall be the same as the front yard setback requirements for the district.

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. passed 10-13-2005)

   (A)   A shopping center , industrial park, cluster housing or school campus of 2 or more buildings to be located on a plot of land at least 1-1/2 acres not to be subdivided into customary streets and lots, and which will not be so subdivided, may be constructed, provided that:

      (1)   Uses are limited to those permitted within the district in which the project is located.

      (2)   The overall intensity of land use within the project is no higher and the standard of open space is no lower than that permitted in the district in which the project is located.

      (3)   The distance of every building from the nearest property line shall meet the front yard setback and the side and rear yard requirements of the district in which the project is located.

      (4)   There shall be a buffer strip along the rear or side lot lines abutting residential zoned properties .

      (5)   Other information, maps or plans that the Planning Board may request in order to properly review the project are provided.

   (B)   Before any group developmentshall be constructed, plans, maps, graphs and other information shall be submitted to the Planning Board for its approval. No group developmentshall be allowed to be constructed until the developer shows that the project will be landscaped with shrubs, grass, trees, flower beds, as required by the Landscaping subchapter of this chapter.

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 2021-06, passed 4-22-2021)

   Nothing in this chapter shall require any change in the plans, construction or designated use of a building under construction at the date of the passage of this chapter or any amendment thereto, provided that construction of the building is diligently pursued and the entire building is completed within 18 months from the date of passage of this chapter or any amendment thereto and construction is consistent with the Henderson County Zoning Ordinance. A buildingshall be deemed to be under construction if, at the date of passage of this chapter or any amendment thereto, architect's plans have been prepared and preparation of the site has commenced. As used in this section, the "date of passage of this chapter or any amendment thereto" means the date on which this chapter or any amendment thereto is first made applicable to the use district in which the property is located.

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. passed 10-13-2005)

   A zoning compliance permitshall be required for the construction of an addition to a single-family dwelling, or for the construction of an accessory building on the same lot as a single-family dwelling, to ensure that the addition or outbuilding is constructed in such a manner as to comply with the other requirements of this chapter.

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. passed 10-13-2005)

   (A)   When a Minor Special Use Permit is required by the terms of this chapter, application for such a permit shall accompany the application for a zoning compliance permit. The Zoning Administratorshall review the application for completeness, and schedule an evidentiary hearing to consider the application at the next regular meeting of the Zoning Board of Adjustment. If there are scheduling difficulties, the Chair of the Zoning Board of Adjustment may call a special meeting to consider the minor special use permit in an evidentiary hearing.

   (B)   A notice of the evidentiary hearing shall be given once a week for 2 successive calendar weeks in a newspaper published in the county , as provided in § 154.182.

   (C)   The applicant shall identify all adjacent propertyowners , whom the Zoning Administrator will notify by USPS certified mail with no return receipt service of the minor special use application. The Zoning Administratorshall post the property with a hearing notice, per § 154.182. The Mills River Town Council may establish and maintain a fee schedule to recover costs of legal notices, posting the property and notifying the adjacent propertyowners . These fees shall be paid by the applicant before a special use permit is considered.

   (D)   If the Zoning Board of Adjustment shall find after the evidentiary hearing the use for which the special usepermit is sought will not adversely affect the health and safety of persons residing or working in the neighborhood of the proposed use, and will not be detrimental to the public welfare or injurious to property or public improvements in the neighborhood , it shall issue a special usepermit . All uses requiring a special usepermit must meet the general site standards listed in § 154.138(D). In granting such a permit , the Zoning Board of Adjustment shall designate the conditions in connection therewith as will, in its opinion, assure that the use will conform to the requirements of this chapter.

   (E)   If at any time after a special usepermit has been issued for any use the Zoning Board of Adjustment finds that the conditions imposed and agreements have not been or are not being fulfilled by the holder of a special usepermit , the permitshall be terminated immediately and the operation of the use discontinued.

   (F)   If a special usepermit is terminated for any reason, it may be reinstated upon application as in the case of a new matter.

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 2021-06, passed 4-22-2021; Am. Ord. 2024-02, passed 2-22-2024)

   (A)   When a Major Special Use Permit is required by the terms of this chapter, application for such a permit shall accompany the application for a zoning compliance permit. The Zoning Administratorshall review the application for completeness and request Town Council schedule an evidentiary hearing to consider the application.

   (B)   A notice of the evidentiary hearing shall be given once a week for 2 successive calendar weeks in a newspaper published in the county as provided in § 154.182.

   (C)   The applicant shall identify all adjacent propertyowners , whom the Zoning Administrator will notify by USPS certified mail with no return receipt service of the major special use application. The Zoning Administrator shall post the property with a hearing notice, per § 154.182. The Mills River Town Council may establish and maintain a fee schedule to recover costs of legal notices, posting the property and notifying the adjacent propertyowners . These fees shall be paid by the applicant before a special use permit is considered.

   (D)   General site standards. All uses requiring a special usepermit must meet the general site standards listed below. In evaluating whether the general site standards have been met, the Mills River Town Council may consider the type and size of the principal use , size of the property and other relevant factors. The applicant will not bear the burden of proving that all of the general site standards as listed below have been met. The applicant will, however, be required to produce evidence sufficient to rebut any evidence presented that the general site standards would not be met or that a condition is necessary.

      (1)   The following general site standards shall apply to all uses requiring a special usepermit :

         (a)   Establishments requiring a special usepermitshall not be located or developed in such a manner as to adversely affect the health or safety of the persons residing or working in the neighborhood of the proposed use and will not be detrimental to the public welfare or injurious to property or public improvements in the neighborhood .

         (b)   Establishments requiring a special usepermitshall be located or developed in such a manner as to minimize the effects of noise, glare, dust, solar access and odor on those persons residing or working in the neighborhood of the proposed use and the property and public improvements in the neighborhood .

         (c)   Establishments requiring a special usepermitshall not be located or developed in such a manner as to seriously worsen the traffic congestion so as to endanger the public safety.

         (d)   Establishments requiring a special usepermitshall be located or developed in such a manner as to comply with all applicable federal, state and local laws, rules and regulations.

         (e)   Establishments requiring a special use permit shall be located and developed in such a manner as to be consistent with any approved Town Transportation Plans, Official Thoroughfare Plans, and Town Bicycle and Pedestrian Plans.

         (f)   Establishments requiring a special usepermitshall be located and developed in such a manner as to minimize the environmental impacts on the neighborhood including the following : groundwater, surface water, wetlands, endangered and threatened species, archeological sites, historical preservation sites and unique natural areas .

      (2)   In the event that the Mills River Town Council determines that a proposed use is contrary to one (1) or more of the general site standards, then the Town Councilmay impose a condition on the issuance of the special usepermit when the condition will avoid a violation of the general site standards. The condition imposed may be an increase in any minimum specific site standards stated for the regulated use. The imposition of a condition may only be based on evidence presented at the hearing that the general site standards would not be met without the imposition of the condition. The Town Council must make specific findings of fact based upon the evidence presented prior to the imposition of the condition.

   (E)   If at any time after a special usepermit has been issued for any special use , the Mills River Town Council finds that the conditions imposed and agreements made have not been or are not being fulfilled by the holder of a special usepermit , the permitshall be terminated immediately and the operation of the use discontinued.

   (F)   If a special usepermit is terminated for any reason, it may be reinstated upon application as in the case of a new matter.

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00052, passed 6-26-2008; Am. Ord. 2021-06, passed 4-22-2021; Am. Ord. 2024-02, passed 2-22-2024)

   (A)   An application for a temporary use permitshall accompany the application for a zoning compliance permit . The application shall be transmitted immediately to the Zoning Board of Adjustment, which shall hold a public hearing at its next regularly scheduled meeting.

   (B)   A notice of the public hearing shall be given in a newspaper of general circulation published in the county .

   (C)   No temporary use permit may be granted in any district for the following uses:

      (1)   Adult establishments .

      (2)   Hazardous waste disposal facility .

      (3)   Radioactive waste disposal facility .

   (D)   Except as provided in § 154.139(E), no temporary use permit may be granted in the MR-MU District for any regulated use except for the following uses: asphalt plants ; concrete plants ; and chip mills . In such instances, the Zoning Board of Adjustment may impose as a condition of the temporary use permit any specific site standards listed for the regulated use necessary to make the temporary use comply with the general site standards listed for special usepermits .

   (E)    Isolated racing events , not otherwise allowed under a valid zoning permit , may be conducted only upon the issuance of a temporary use permit in accordance with this subsection and subject to the restrictions and limitations contained within this subsection:

      (1)   Temporary use permits may not be issued for more than two (2) racing events per calendar year for any one (1) location or individual or entity.

      (2)   Temporary use permits for racing eventsshall be limited in duration to a 24 hour period.

      (3)   Temporary use permits for racing eventsshall not be issued for locations that would violate the separation requirements for motor sports facilities contained within the applicable zoning district, if any.

      (4)   The Zoning Board of Adjustment should consider the following factors in evaluating the application:

         (a)   Type and size of the proposed event.

         (b)   Size of the parcel on which the event will be conducted.

         (c)   Time and duration of the event.

         (d)   Other activities in the specified geographic area at the same time as the proposed event that might be disturbed by the proposed event.

         (e)   Residential density in the proposed location.

         (f)   Effect of the racing event on the residential areas.

         (g)   Economic benefit to the community; any economic hardship on the applicant if the permit is denied or on others if it is allowed.

         (h)   Previous violations of this chapter by the applicant.

         (i)   Any other relevant factor.

      (5)   The Zoning Board of Adjustment may impose as a condition of the temporary use permit any specific site standards listed for motor sports facilities necessary to make the temporary use comply with the general site standards listed for special usepermits .

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 2021-06, passed 4-22-2021)

   (A)   Nothing in this chapter shall prohibit duly authorized agencies of the Town of Mills River from acquiring and using land whenever necessary to protect the public health and provide necessary public services and public works; however, the Mills River Town Council shall hold a public hearing before the action is taken.

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. passed 10-13-2005)