ZONING AND SIGN ORDINANCE No. 265

OF THE

TOWN OF MAGGIE VALLEY, NORTH CAROLINA

CHAPTER 1

ZONING

REGULATING THE USES OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, INDUSTRY, COMMERCE, RESIDENCE, RECREATION, PUBLIC ACTIVITIES OR OTHER PURPOSES: THE SIZE OF YARDS, COURTS AND OTHER OPEN SPACES; THE LOCATION, HEIGHT, BULK, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES; THE DENSITY AND DISTRIBUTION OF POPULATION; CREATING DISTRICTS FOR SAID PURPOSES AND ESTABLISHING THE BOUNDARIES THEREOF; DEFINING CERTAIN TERMS USED HEREIN; PROVIDING FOR THE METHOD OF ADMINISTRATION, AMENDMENT AND ENFORCEMENT; PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING FOR A BOARD OF ADJUSTMENT AND DEFINING THE DUTIES AND POWERS OF SAID BOARD; REPEALING CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

ARTICLE I

AUTHORITY AND ENACTMENT CLAUSE

The Board of Aldermen of the Town of Maggie Valley in pursuance of the authority granted by the General Statutes of North Carolina, particularly Chapter 160A, Article 19, Part 3, and for the purpose of promoting the health, safety, morals, convenience, order, prosperity or the general welfare of the Town; securing safety from fire, panic and other dangers; preventing the overcrowding of land; avoiding undue concentration of population; facilitating the adequate provisions of transportation, water, sewerage, schools, and other public requirements; conserving the value of buildings and encouraging the most appropriate use of land and buildings throughout the Town, all in accordance with a comprehensive plan, the Board of Aldermen of the Town of Maggie Valley, North Carolina, does ordain and enact into law the following Articles and Sections.

ARTICLE II

SHORT TITLE

This ordinance shall be known and may be cited as the Zoning Ordinance of the Town of Maggie Valley, North Carolina.

ARTICLE III

JURISDICTION

Section 300. Jurisdiction.

The provisions of this Ordinance shall apply within the corporate limits of the Town of Maggie Valley as established on the official zoning map, Town of Maggie Valley, North Carolina. Said map and all other explanatory matter thereon accompanies and is hereby made a part of this ordinance; it shall be on file in the office of the Town Clerk.

ARTICLE IV

DEFINITIONS OF TERMS USED IN THIS ORDINANCE

For the purpose of interpreting this Ordinance, certain words or terms are herein defined. Except as defined herein, all other words used in this ordinance shall have their customary dictionary definition.

Section 400. Interpretation of Certain Terms and Words.

400.1 Words used in the present tense include the future tense.

400.2 Words used in the singular number include the plural, and words used in the plural number include the singular.

400.3 The word "person" includes a firm, association, organization, partnership, corporation, trust and company as well as an individual.

400.4 The word "lot" includes the word "plot" or "parcel.”

400.5 The word "building" includes the word "structure.”

400.6 The word "shall" is always mandatory and not directory.

400.7 The words "used" or "occupied" as applied to any land or buildings shall be construed to include the word "intended, arranged, or designed to be used or occupied."

400.8 The word "Map,” "Zoning Map" or "Maggie Valley Zoning Map" shall mean the "Official Zoning Map of Maggie Valley, North Carolina.”

Section 401. Definitions.

1. ACCESSORY USE. A use customarily incidental and subordinate to the principal use or building located on the same lot with such principal use or building.

2. BILLBOARD. See Sign, Outdoor Advertising.

3. BOARDING HOUSE. Buildings where, for compensation, lodging and/or meals are provided for not more than fourteen (14) persons and not less than four (4) persons.

4. BONA FIDE FARM. All land on which agricultural operations are conducted as the principal use, to include the cultivation of crops and the husbandry of livestock.

5. BUFFER. A densely planted strip of bushes, evergreens, existing buildings, or fencing made of natural materials that acts has a visual barrier between properties. Buffer strips shall be maintained as not to encroach on rights-of-way.

6. BUILDING. A structure which is completely enclosed by a roof and by solid exterior walls along whose outside faces can be traced an unbroken line for the complete circumference of the structure, which is permanently affixed to a lot or lots, and used or intended for the shelter, support or enclosure of persons, animals or property of any kind. The connection of two buildings by means of an open porch, breezeway, carport, passageway, or other such open structure, with or without a roof, shall not be deemed to make them one building.

7. BUILDING, ACCESSORY. A detached building subordinate to the main building on a lot and used for purposes customarily incidental to the main or principal building and located on the same lot therewith.

8. BUILDING, HEIGHT. The vertical distance from the average of the finished ground level to the highest finished roof surface of a flat roof, or to a point at the average height of the highest roof of a roof having a pitch.

9. BUILDING INSPECTOR. The Town of Maggie Valley Building Inspector.

10. BUILDING, PRINCIPAL. A building in which is conducted the principal use of the lot on which said building is located.

11. BUILDING SETBACK LINE. A line delineating the minimum distance between the property line and a building on a lot, within which no building or other structure shall be placed except as otherwise provided.

12. CAMPGROUNDS. Commercial facilities which provide temporary sites and hookups (electricity, water and sewer) for recreational vehicles and tent sites. These sites are not intended as manufactured home sites or as permanent locations for dwelling units.

13. CAMPING CABINS- A structure that is completely enclosed by a roof and by solid exterior walls and that is less than 12 feet in width and less than 12 feet in depth (not including open porches), which is permanently affixed to a lot or lots, and which meets all state and local building codes, and is intended for use as temporary sleeping quarters for human beings. Camping Cabins shall not have plumbing, kitchen or cooking facility and are limited to campgrounds.

14. CODE ENFORCEMENT OFFICER- The Town of Maggie Valley Code Enforcement Officer.

15. CONSTRUCTION OFFICE, TEMPORARY. A structure, housing the field office operations for the construction of a building or group of buildings being built simultaneously and highway construction. The temporary construction office shall be located on the actual construction site and must be removed immediately upon completion of construction.

16. CUSTOMARY HOME OCCUPATION. Any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof, and in connection with which there is no display, and no person, not a resident on the premises, is employed specifically in connection with the activity, except that not more than one (1) assistant may be employed. Provided further that no mechanical equipment is installed or used except such as is normally used for domestic or professional purposes, and that not over twenty-five (25) percent of the total floor space of any structure is used for home occupations.

17. DWELLING UNIT. A building, or portion thereof, providing complete and permanent living facilities for one family.

18. DWELLING, SINGLE-FAMILY. A building arranged or designed to be occupied by one (1) family.

19. DWELLING, TWO-FAMILY. A building arranged or designed to be occupied by two (2) families living independently of each other.

20. DWELLING, MULTI-FAMILY. A building or portion thereof used or designed as a residence for three (3) or more families living independently of each other and doing their cooking therein, including apartments, apartment hotels, and group houses.

21. EXPANSION- The act of expanding; this is to be considered adding sites. Expansion refers to sites only, not improvements, or amenities.

22. FAMILY. Two or more persons sharing residency whose income and resources are available to meet the family’s needs and who are related by blood, marriage, or the operation of law, or who give evidence of a stable relationship which has existed over time.

23. FLOOD. An overflow of lands not normally covered by water that results in significant

effects in the vicinity. For the purpose of this Ordinance, land subject to flood shall be considered to be land which is at an elevation lower than the elevation of the Regional Flood as determined by the plate, "High Water Profiles, Jonathan's Creek, Vicinity of Maggie Valley, North Carolina" (Tennessee Valley Authority, June 1964).

24. FLOODWAY. The channel of the stream and that portion of the adjoining flood plain designated by the Town Board to reasonably provide for the passage of flood flows.

25. FLOODWAY FRINGE AREAS. Areas lying outside the Floodway District but within the area which would be flooded by the Regional Flood.

26. FLOOD, REGIONAL. A hypothetical flood used in TVA flood studies comparable to the largest floods known to have occurred in the region, depicted on the

plate, "High Water Profiles, Jonathan's Creek, Vicinity of Maggie Valley, North Carolina" (Tennessee Valley Authority, June, 1964).

27. GROSS FLOOR AREA. The total floor area of all buildings in a project including basements, mezzanines and upper floors, exclusive of stairways and elevator shafts. It excludes separate service facilities outside the main building such as boiler rooms and maintenance shops.

28. INDIVIDUAL SEWER SYSTEM. Any septic tank or other facility serving a single source with a design capacity of 3,000 gallons or less per day.

29. INDIVIDUAL WATER SYSTEM. Any well, spring, stream or other source used to supply a single connection.

30. KAMPING KABIN- See Camping Cabins

31. LOT. A parcel of land occupied or capable of being occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same.

32. LOT DEPTH. The mean horizontal distance between front and rear lot lines.

33. LOT OF RECORD. A lot which is a part of a subdivision, a plat of which has been recorded in the Office of the Register of Deeds of Haywood County, or a lot described by metes and bounds, the description of which has been so recorded.

34. LOT WIDTH. The distance between side lot lines measured at the building line.

35. MANUFACTURED HOME. A factory assembled portable housing unit, or a portion thereof, built on a chassis and intended for use as a dwelling unit, and not constructed in accordance with the standards of the North Carolina Uniform Residential Building Code for one and two-family dwellings. A manufactured home is designed to be transported on its own chassis and has a measurement of 40 feet or more in length and eight feet or more in width. A manufactured home shall be construed to remain a manufactured home whether or not wheels, axles, hitch, or other appurtenances of mobility are removed, and regardless of the nature of the foundation provided. All vehicles that are designated manufactured homes by the Uniform Standards Code for Mobile Homes Act shall be considered manufactured homes. A manufactured home shall not be construed to be a travel trailer or other form of recreational vehicle.

* Manufactured Home, Class A. A manufactured home constructed after July 1, 1976 that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies the following additional criteria:

(a) The manufactured home has a length of not exceeding four times its width, with length measured along the longest axis and width measured at the narrowest part of the other axis;

(b) The pitch of the roof of the manufactured home has a minimum vertical rise of two and two tenths feet for each twelve feet of horizontal run (2.2 feet and 12 feet) and the roof is finished with a type of shingle that is commonly used in standard residential construction;

(d) The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding (whose reflectivity does not exceed that of gloss white paint), wood, or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction;

(e) The manufactured home is set up in accordance with the standards set by the N.C. Department of Insurance and a continuous, permanent, approved skirting material foundation or masonry curtain wall, unpierced except for required ventilation and access, is installed under the perimeter of the manufactured home;

(f) Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the standards set by the N.C. Department of Insurance, self supporting and anchored securely to the ground; with a minimum of 6’ x 6’ landing.

(g) The moving hitch, wheels, and axles, and transporting lights have been removed.

It is the intent of these criteria to insure that a Class A manufactured home, when installed, shall have substantially the appearance of an on-site, conventionally built, single-family dwelling.

* Manufactured Home, Class B. A manufactured home constructed after July 1, 1976 that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction, and that meet or exceed criteria (e), (f) and (g) for Class A homes above.

* Manufactured Home, Class C. Any manufactured home that does not meet the definitional criteria of a Class A or Class B manufactured home.

36. MANUFACTURED HOME PARKS. Any premises where three or more mobile homes are parked for living and sleeping purposes, or any premises used or set apart for the purpose of supplying to the public parking space for manufactured homes for living and sleeping purposes, and which include any buildings, structures, vehicles or enclosures used or intended for use as part of such a manufactured home park.

37. MANUFACTURED HOME SITE. A plot of ground within a manufactured Home Park designated for the accommodation and use of one manufactured home and containing all improvements and utility connections required under this Ordinance and other applicable town codes.

38. MODULAR HOUSING. A form of manufactured housing that meets the construction standards of the North Carolina Residential Building Codes for one and two-family dwellings regardless of how the unit or its components are transported to the site.

39. NONCONFORMING USE. A structure or land lawfully occupied by an existing use which does not conform with the permitted uses for the zoning district in which it is situated, either at the effective date of this Ordinance, or as the result of subsequent amendments to this Ordinance.

40. PARKING SPACE. An area of not less than nine (9) feet by eighteen (18) feet, plus the necessary access space. Parking space(s) shall be provided with vehicular access to a street or alley, shall not be provided in a required front yard area, and shall always be located outside the dedicated street right-of-way.

41. PARK MODEL. A “park model” recreational vehicle is basically a very small manufactured (mobile) home. They are typically built in accordance with the construction requirements of the HUD Manufactured Housing Code but because of their limited size (400 ft. sq. or less of living space) they are not required to be labeled by the HUD manufacturing housing program. Since these park model type units are not under the jurisdiction of the HUD program, these units have typically in the past been built, labeled and sold as recreational vehicles.

42. PLANNED UNIT DEVELOPMENT. Where more than one principal building or use is proposed to be constructed on a single lot, or any building with a gross floor area of 5,000 square feet or more, or any multi-family residential complex of five (5) or more units, shall be deemed a planned unit development (PUD). Residential units within a planned unit development may include single family detached or attached units, townhouse developments, garden apartments, patio homes, and other types of residential units including manufactured homes and manufactured home parks.

43. RECREATIONAL VEHICLE - See travel trailer

44. RETAIL BUSINESS. Establishments selling commodities in small quantities to the consumer.

45. RETAIL SERVICES. Establishments providing intangible needs for immediate uses.

46. SIGN. See Chapter 2 Signs

47. SPECIAL EXCEPTION. A use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in a zoning district as special exceptions, if specific provision for such special exceptions is made in this Zoning Ordinance.

48. STREET. A dedicated and accepted public or private right-of-way for vehicular traffic, which affords the principal means of access to abutting properties.

49. STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on the ground or which is attached to something having more or less permanent location on the ground.

50. TRAVEL TRAILER. Any vehicle used, or so constructed as to permit its being used as conveyance upon the public street or highways duly licensable as such, and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one (1) or more persons, and designed, for short-term occupancy, for frequent and/or extensive travel, and for recreational and vacation use, including camper trucks and self-propelled campers, etc. All travel trailers must remain in a mobile condition with no permanent or semi-permanent structure attached to the travel trailer or erected on the rented site.

51. TRAVEL TRAILER/ RV PARKS. Any site of land approved by the Zoning Board of Adjustment under section 604.3 (2) upon which two or more travel trailers are located and used as temporary living or sleeping quarters. Temporary use is defined as less than 180 days out of a 365 day year.

52. USE. Any activity, occupation, business or operation carried on, or intended to be carried on, in a building or structure or on a tract of land.

53. VARIANCE. A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the Ordinance would result in unnecessary and undue hardship.

54. YARD. A space on the same lot with a principal building open, unoccupied

and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.

55. YARD, FRONT. A yard across the full width of the lot extending from the front line of the building to the front line of the lot.

56. YARD, REAR. An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot.

57. YARD, SIDE. An open, unoccupied space on the same lot with a principal building, situated between the building and the side lot line and extending from the rear line of the front yard to the front line of the rear yard.

ARTICLE V

ESTABLISHMENT OF DISTRICTS

Section 500. Use Districts.

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

R-1 Low density Residential District

R-2 Medium Density Residential District

R-3 High Density Residential District

N-B Neighborhood Business District (C2)

G-B General Business (C1)

Floodway

Section 501. District Boundaries.

The boundaries of these districts are hereby established as shown on a map entitled "Official Zoning Map, Town of Maggie Valley, North Carolina" adopted by the Board of Aldermen and certified by the Town Clerk. Floodway Fringe Area boundaries shall be determined by elevations from the High Water Profiles plate. Said Zoning Map with all explanatory matter thereon and the High Water Profiles plate accompany and are hereby made part of this Ordinance. Said map and plate shall be retained in the office of the Town Clerk.

Section 502. Rules Governing Boundaries.

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply:

502.1 Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines or railroad right-of-way lines or such lines extended, such centerlines, street lines or railroad right-of-way lines shall be construed to be such boundaries.

502.2 Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be said boundaries.

502.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines of streets, highways, rivers and streams, railroad, or rights-of-way of same, such districts boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by use of the scale shown on said Zoning Map.

502.4 Where a district boundary line divides a lot in single ownership, the district requirements for the least restricted portion of such lot shall be deemed to apply to the whole thereof, provided that such extensions shall not include any part of such a lot more than thirty-five (35) feet beyond the district boundary line.

502.5 Whenever a residential, planned unit or commercial development is proposed that is adjacent to a different district and where no buffer exists, the applicant shall provide a buffer along the development or subdivision boundary.

ARTICLE VI

USE REQUIREMENTS BY DISTRICT

Section 600. Intent.

It is the intent of this article that if any use or class of use is not specifically permitted in a district as set forth below, it shall be prohibited in that district. It is also the intent that all address numbering shall be approved by Haywood County E-911.

Section 601. R-1 Low Density Residential District.

601.1 Intent. The R-1 Low density Residential District is established as a district in which the principal use of land is for low density single family residential purposes. This district is further intended to protect existing single family neighborhoods from incompatible land uses. It is also the intent of this district to allow for certain types of nonresidential community facilities that would not be detrimental to the residential character of the district.

601.2 Permitted Uses.

1) Single-family dwellings.

2) Only Class A Manufactured Homes

3) Churches and their customary related uses.

4) Bona Fide Farms

5) Garage apartments.

6) Greenhouses and truck gardens which are incidental to the residential use and conducted on a non-commercial basis only, provided that no greenhouse heating plant shall be located within twenty-five (25) feet of any lot line.

7) Customary Home occupations conducted by no person(s) other than the members of

the family residing on the premises, for clearly incidental and subordinate use to its residential purposes. No change in the outside appearance of the premises, or other visible evidence of the conduct of such home occupation shall be made, except that one sign may be permitted ( see SIGNS The following uses shall be allowed and restricted to as home occupations:

1. Dressmaking

2. Drapery making

3. Laundering and ironing

4. Cooking and baking

5. Hairdressing

6. Music instruction limited to not more than four (4) persons at any one time.

7. The renting of not more than one room with the boarding of not more than two (2) boarders

8. Recognized professions of law, the writing of insurance, and accounting

A. No equipment or process shall be used in such home occupations which creates noise, vibration, fumes, odors or electrical interference detectable to the normal senses off the premises in use.

B. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.

8) Public elementary and secondary schools and private schools having curricula approximately the same as ordinarily given in public schools.

9) Accessory building or structures provided such shall be permitted only in a rear yard and shall be not less than ten (10) feet from any property line, and further provided that in the case of corner lots such buildings or structures shall be set back at least forty (40) feet from any side street right-of-way line.

Section 601.3 Special Exceptions.

1) Hospitals, sanitariums, rest and convalescent homes, homes for the aged, and similar institutions, and dental offices and clinics not used primarily for the treatment of contagious diseases, alcoholism or drug addicts.

2) Planned Unit Developments (must conform to Section 1005). The PUD shall be in keeping with the intent of this section. Residential uses shall be limited to single family detached units.

3) Public or private parks, playgrounds, community centers, libraries, tennis courts, golf courses, swimming pools, and similar recreation uses.

4) Public works and public utility facilities such as transformer stations, pumping stations, water towers, and telephone exchanges, provided that:

a) Such facilities are essential to the service of the immediate area.

b) No vehicles or materials shall be stored on the premises, and no offices shall be permitted.

c) All structures shall be set back at least thirty (30) feet from all property lines and enclosed by a woven wire fence at least eight (8) feet in height, and screened from public view. This requirement may be modified by the Board of Adjustment when it deems appropriate.

d) The entire lot shall be properly landscaped to blend with the surrounding area.

Section 602. R-2 Medium Density Residential District.

602.1 Intent. The R-2 Medium Density Residential District is established as a district in which the principal use of land is for medium density single family and multi- family residential purposes. This district is also intended to protect existing single family residential areas from incompatible land uses. It is also the intent of this district to allow for certain types of nonresidential community facilities that would not be detrimental to the residential character of the district.

602.2 Permitted Uses.

1) All uses permitted in the R-1 Low Density Residential District.

2) Two family dwelling.

3) Multi-family dwellings.

4) Manufactured Homes-class A and B only

5) Rooming or boarding houses.

6) Child care arrangement or facility licensed by the State as a Day Care Center.

602.3 Special Exceptions

1) All uses permitted in R-1 Low Density Residential District as Special Exceptions

Section 603. R-3 High Density Residential District.

603.1 Intent. The R-3 High Density Residential District is established as a district in which the principal use of land is for higher density single and multi-family residential purposes. This district thus allows for a variety of residential uses in areas where the traffic circulation pattern would accommodate higher density residential development. It is also the intent of this district to allow for certain types of nonresidential community facilities that would not be detrimental to the residential character of the district.

603.2 Permitted Uses.

1) All uses permitted in the R-2 Medium Density Residential District.

603.3 Special Exceptions.

All uses permitted in the R-2 Medium Density Residential District Special Exception.

1) Hospitals, sanitariums, nursing homes and dental offices and clinics not used primarily for the treatment of contagious diseases, alcoholism or drug addicts.

2) Planned unit Developments (must conform to Section 1005).

3) Manufactured home parks provided that:

a) There shall be no more than ten (10) mobile homes per acre.

b) No manufactured homes or other structures within a manufactured home park shall be closer to each other than twenty (25) feet, except that storage or other auxiliary structure for the exclusive use of the mobile home may be closer to that mobile home than twenty (25) feet.

c) There shall be at least two (2) off-street parking spaces for each manufactured home. These spaces shall be provided either on the same site as the manufactured home served or in a designated parking area serving several or all mobile homes within the manufactured home park.

d) No manufactured home or other structure shall be located closer than twenty (25) feet to the exterior boundary of the manufactured home park or a bounding street or highway right-of-way.

e) A densely planted buffer strip, consisting of evergreen trees or shrubs shall be located along all sides of the manufactured home park. Such buffer strip shall not be less than four (4) feet in width and shall be composed of trees or shrubs of a type which at maturity shall be not less than six (6) feet in height. This planting requirement may be modified by the Board of Adjustment where adequate buffering exists in the form of fencing, vegetation and/or terrain.

f) All manufactured home parks shall be served by a public water system. Any manufactured home park not served by a public sewerage system must be approved by the Haywood County Health Department.

g) All manufactured home parks served by a public sewage collection and treatment system shall meet the requirements of Article D-8 of Appendix D of the North Carolina Plumbing Code. Any manufactured home park not served by a public sewage system must be approved by the Haywood County Health Department.

h) Manufactured home park owner is responsible for containers, stands and the collection of all garbage and trash if municipal service is not available.

i) The manufactured home stand shall be improved to provide adequate support for the placement and tie-down of the manufactured home. The stand shall not heave, shift or settle unevenly under the weight of the manufactured home due to frost action, inadequate drainage, vibration, wind or other force activity on the structure.

j) All manufactured homes shall be underpinned.

k) All streets within a manufactured home park shall conform to town street standards and shall be maintained in such a manner as to be safe and passable at all times.

l) Accessory buildings or structures provided such shall be permitted only in a rear yard and shall be not less than ten (10) feet from any property line, and further provided that in the case of corner lots such buildings or structures shall be set back at least twenty (20) feet from any side street right-of-way line.

m) Minimum 100 feet lot depth measured perpendicular to street right-of-way.

Section 604. Commercial 1 District. General Business (GB)

604.1 Intent. The purpose of this district is to provide for general and commercial

activity at convenient points in the Town. Regulations are designed to preserve the traffic carrying capacity of the street and to provide for off-street parking. It is not the intent of this district to encourage extensive strip commercial development, but rather to provide concentrations of general commercial activities. It is also intended that all businesses shall be conducted in permanent buildings that meet State and local building codes. All uses must comply with the Town’s noise ordinance. Business may not be conducted in temporary or portable structures nor in manufactured homes or vehicles. All heating /air / ventilation units shall be screened from public view. Existing units may be painted to blend with the roof or screening constructed in such a manner as to block from public view. Existing units must conform within one year of the adoption of this ordinance.

The Zoning Code Enforcement Officer may issue a temporary permit for outdoor sales and exhibits for groups, clubs, and civic organizations. The permit shall define the purpose of the function and the duration of the permit.

604.2 Permitted Uses.

All uses permitted in the R3 residential district except mobile home parks, mini rental storage units, travel trailer storage.

Due to potential conflicts, such as noise, traffic, etc, residential uses in the C-1 district is discouraged, however, it may be allowed as a special exception if approved by the Zoning Board of Adjustment based on elements listed in 1306.2.

One dwelling unit either located within the commercial building or in a separate dwelling structure located on the same lot. Dwelling structures shall be a single family dwelling or Class A manufactured home. No singlewide mobile homes are permitted.

1) Appliance sales and services-no outside storage or display.

2) Auction companies (indoor)-no outside storage or display.

3) Automobile parking lots and structures.

4) Automobile and Recreational Vehicle Sales, Rental and Consignment lots provided that:

a) No vehicle shall be parked as to impede the pedestrian or vehicular traffic flow. Vehicles shall be setback at least five (5) feet from the property line or the street right-of-way line, whichever is greater.

b) All vehicles must display a valid North Carolina inspection sticker where required.

c) No major repair shall be conducted on the premises.

d) There shall be no outside storage of parts.

e) There shall be no less than 200 square feet of display area per vehicle parked on the lot for the purpose of sale.

f) There shall be no vehicles sold other than automobiles, motorcycles, light or heavy duty trucks, RV’s and Boats.

5) Automobile washing establishments.

6) Bakeries.

7) Banks and other financial institutions.

8) Barber and beauty shops.

9) Business colleges, beauty and barber colleges, art schools, music and dance studios, and similar uses including vocational and trade schools.

10) Bicycle sales and repairs.

11) Building supplies and equipment sales, excluding open storage.

12) Bus terminals.

13) Cabinet or woodworking shops.

14) Civic organizations.

15) Cold storage or freezer lockers.

16) Construction firms and building firms, provided that:

a) Adequate equipment storage area is provided (twice the land space per machine or vehicle). All equipment must be screened from public view.

17) Dairy bars.

18) Dry cleaning and laundry pick-up stations.

19) Electrical repair shops, excluding open storage.

20) Fire and police stations.

21) Fabricating shops (woodworking, upholstery, etc.), excluding open storage.

22) Florist shops and greenhouses.

23) Food stores.

24) Funeral homes.

25) Furriers and fur storage.

26) Farm machinery sales and repairs, provided that:

a) Only machinery for sale be parked outside.

b) No open storage of parts.

c) No outside repairs.

27) Feed and seed stores, excluding outside storage.

28) Gasoline service stations, provided that:

a) No major repair work is performed (complete engine rebuilding, removing bodies from cars, etc.)

b) All repairs are performed inside.

c) No junked vehicles, parts or tires stored on lot.

d) No open storage of new or used parts.

e) Gasoline pumps shall be located at least twelve feet behind the property line or street right-of-way line, whichever is greater.

f) All buildings shall be located at least forty (40) feet from any street right-of-way line. All canopy overhangs shall be not less than six (6) feet from the property line or the street right-of-way line, whichever is greater.

g) All storage or pumping tanks containing gasoline, diesel fuel, kerosene or similar combustible materials (except for screened propane tanks meeting N.F.P.A. standards), shall be underground except those tanks of 1,000 gallons or less; provided that they are screened from public view. Above ground use of gasoline tanks may continue for a period of one year from the date of installation of the tank. All such buried tanks shall be installed and maintained in compliance with all N.F.P.A. standards and safety codes.

29) Glass and mirror shops, venetian blind and awning shops, and similar specialty outlets.

30) Hotels, motels and inns.

31) Hospitals, medical and dental clinics.

32) Ice plants and storage.

33) Jewelers.

34) Libraries, museums and art galleries.

35) Launderettes.

36) Locksmiths and gunsmiths.

37) Newspaper offices.

38) Manufactured home sales and service (if indoors), excluding open storage of parts and accessories.

39) Office supplies, equipment sales and service.

40) Offices--business, professional and public.

41) Opticians.

42) Parks and playgrounds.

43) Pawn shops.

44) Photographic studios.

45) Physical culture and reducing salons.

46) Public buildings.

47) Radio and TV stations and offices.

48) Restaurants.

49) Retail establishments such as department, clothing, fabric, drug, notion, gift, craft, art, antique, magazine, pet, and hobby shops, but not excluding similar retail shops.

50) Repairing and servicing household equipment, excluding open repair or storage.

51) Shoe repair.

52) Sheet metal, plumbing, heating and refrigeration shops, but excluding open storage.

53) Sign painting and fabricating shops, excluding open storage.

54) Skating rinks.

55) Tailor, dressmaking and millinery shops.

56) Taxicab stands.

57) Telegraph or messenger services.

58) Theaters housed in a permanent indoor structure.

59) Wholesale and warehousing establishments except for open storage and the storage of dangerous and offensive materials.

60) Public utility and distribution lines, water tanks, telephone exchanges, excluding open storage.

61) Zoos and Aquariums subject to wildlife and health department regulations.

Uses not otherwise named herein upon the approval of the Zoning Board of Adjustment provided that no use shall be permitted in this section which is likely to be dangerous, offensive or detrimental to the health, safety, welfare or general character of this zoning district or the community be reason of dust, gas, smoke, noise, fumes, odors, vibration, glare or otherwise.

604.3 Special Exceptions.

1. Automobile service and repair provided that the applicant demonstrate to the Zoning Board of Adjustment by written and oral presentations including necessary drawings and plats how he/she will comply with following:

a. Must be in compliance with all Federal, State and Local environmental regulations.

b. Parking regulations must adhere to those set forth in section 901.

c. No more than 90 percent of the allowable parking spaces may be occupied by vehicles repaired or awaiting repair. In no case shall a vehicle remain on the premises for more than thirty days.

d. No open storage of new or used parts including tires, sheet metal, batteries, cans, boxes, etc. shall be allowed.

2. Travel Trailer Parks (RV Parks) and campgrounds, Camping Cabins, Recreational Vehicle Campgrounds including time-share arrangements. No sites shall be sold within the development unless it has been approved as a subdivision in accordance with the Town’s subdivision ordinance. No site may be constructed or rented until the Code Enforcement Officer and Planning / Zoning Board of Adjustment has approved a preliminary plat that satisfies the provisions of this ordinance as set forth in Section 604.3, number 2 (d).

(a). Site Requirements.

1) The premises shall be kept free of accumulations of refuse and debris. Permanent and semi-permanent structures in any Travel Trailer/RV Park shall be located 25 feet apart. No permanent or semi-permanent structures shall be constructed or attached on any rental site, except for Camping Cabins.

2) Each site shall be a minimum of 25 feet in width. Sites shall be clearly and uniformly marked and designated with the designation by the roadway. Whenever the Haywood County Watershed Protection Ordinance requires a larger site size the watershed requirements shall prevail. Doubling or allowing more than one tent, travel trailer, truck coach, camper, or pop-up camper per site at the same time shall be prohibited.

3) The ratio of toilet, lavatory, urinals and bathing facilities for occupants of organized travel camps for private tents, non-self-contained travel trailers, non-self-contained tent campers shall be as follows and shall be provided in a service building or buildings located on the property.

Number of

Sites

Toilets

Urinals

Lavatories

Bathing

Facilities

1-15

Men 2

Women 2

Men 2

Women 2

Men 2

Women 2

16-30

Men 2

Women 3

Men 2

Men 3

Women 3

Men 2

Women 2

31-45

Men 3

Women 3

Men 2

Men 4

Women 4

Men 2

Women 2

46-60

Men 3

Women 4

Men 3

Men 4

Women 4

Men 3

Women 3

61-80

Men 4

Women 5

Men 3

Men 5

Women 5

Men 3

Women 3

81-100

Men 4

Women 5

Men 3

Men 5

Women 5

Men 4

Women 4

More than 100 sites or spaces there shall be provided one (1) additional toilet and lavatory for each sex for each additional thirty (30) sites and one (1) additional facility for each bathing facility for each sex for each additional thirty (30) sites or spaces.

4) All toilets, lavatories and bathing facilities shall be maintained in a state of good repair and shall be kept clean at all times. Toilets, bathhouses and/ or service buildings should be located and distributed so that no habitable permanent and semi-permanent structure, tent, camper or truck coach, travel trailer and tent camper will be more than 300 feet from such facilities.

5) All garbage and refuse shall be stored in durable, water-tight, rust resistant, rodent proof, fly-proof containers with tight properly fitting covers. All containers and covers shall be maintained in a state of good repair and should be cleaned and sanitized each time they are emptied. An adequate number of containers shall be provided and each container should not be of more than thirty (30) gallon capacity. Concrete or pressure treated wood platforms, racks or holders shall be of such design as to prevent tipping, minimize spillage and container deterioration and facilitate cleaning around them.

6) All garbage and refuse shall be collected and disposed of as often as necessary to prevent overflow of available containers and the creation of a nuisance.

7) All electrical installation and wiring shall be maintained in good repair and shall comply with all local and state codes and/or National Electrical Code. All permanently connected extension cords of electrical wiring on the ground shall be prohibited.

8) No dogs, cats, or other domestic animals shall be permitted to run at large.

9) Each Travel Trailer/RV Park when in operation shall maintain at least one competent attendant or caretaker whose duty shall be to maintain the facilities and equipment in a clean, orderly and sanitary condition and in a state of good repair.

10) The driveways/roads shall be maintained in such a manner as to be safe and passable at all times. All vehicle parking must be in designated parking area or within the site. Parking in the road is prohibited.

11) Travel trailer/ RV parks must comply with setbacks for the district on all four sides. A stone or natural native vegetation buffer zone , or a combination thereof, (6) feet high shall be placed along any highway frontage and be maintained at a minimum of six (6) feet and a maximum of twelve (12) feet in height. Exits and Entrances (only one (1) each) through the buffering may each be twenty-five (25) feet in width for a total not to exceed fifty (50) feet.

(b). Pre-Application Procedure.

Every Travel Trailer/RV Park applicant is required to meet with the Code Enforcement Officer or his designee in a pre-application conference prior to the submittal of a Travel Trailer/RV Park plat. The purpose of this conference is to provide clarification and assistance in the preparation and submission of plats for approval.

(c). Sketch Plan.

(1) General. A sketch plan is requested but not required for staff review for all proposed Travel Trailer/RV Parks. The sketch plan may be presented to the Code Enforcement Officer at the pre-application conference. The Code Enforcement Officer shall discuss with the applicant any problems found from review of the sketch plan that would need to be addressed prior to submittal of a Travel Trailer/RV Park preliminary plat.

(d). Preliminary Plat.

1). General. For all Travel Trailer/RV Parks, the owner/developer shall submit four (4) copies of a preliminary plat containing all required information to the Code Enforcement Officer. At the time of submission of the prelim–inary plat, the owner/developer shall pay such fee as established by the Town.

2). Contents Required. The preliminary plat shall be clearly and legibly drawn at a scale of one hundred (100) feet to one (1) inch or at another scale acceptable to the Code Enforcement Officer. The prelimi–nary plat shall be prepared by a registered land surveyor currently licensed and registered in the State of North Carolina by the N.C. Board of Registration for Professional Engineers and Land Surveyors, and shall contain the following information:

(a) Boundaries of tract shown with bearings, distances, and closures.

(b) Proposed streets.

(d) Easements shall be provided for all utilities. Access to open or piped storm drainage channels shall be guaranteed to the Town by granting an easement no less than twenty (20) feet wide (to be shown on plat).

(e) Proposed site lines, site and block numbers, and dimensions.

(f) Proposed minimum building setback lines.

(g) Title, date, name and location of Travel Trailer/RV Park, North point, and graphic scale.

(h) Name of owner/developer, registered surveyor, and seal.

(i) No person shall initiate any land disturbing activity which uncovers more than one contig–uous acre within the proposed Travel Trailer/RV Park without having an erosion control plan approved by the Land Quality Section of the N.C. Department of Environment and Natural Resources. Written documentation of such approval shall accompany the prelimi–nary plat.

(j) Site data:

-1) acreage in total tract

-2) total number of sites

-3) smallest site size

(k) Plans for public water and sewer utilities shall be submitted with the preliminary plat. For water and sewer utilities, approval by the appropriate utility shall be indicated on the plans.

(l). Designation of any identified flood hazard area.

(m). There shall be a twenty five (25) foot buffer zone adjacent to Jonathan Creek and Campbell Creek, or any other Trout fed Stream, and a twenty (20) foot buffer zone adjacent to any tributary with year around flow as designated on USGS maps. The buffer zone shall be composed of grasses and similar vegetative materials and shall be measured from the top of the creek bank. No permanent improvements shall be located in the buffer zone.

(n). A description of proposed means for reseeding and soil stabilization of any disturbed area.

3). Town Staff Review Procedure. The Code Enforcement Officer shall review for compliance with this Ordinance and other Ordinances of the Town to assure that adequate public utilities and services are available and public safety is met. The Code Enforcement Officer shall meet with any agency or officials deemed necessary to adequately review the plat and shall complete such review within fourteen (14) days after submittal. If all applicable provisions of this and other Town ordinances and regulations are met, the Code Enforcement Officer shall submit the plat to the Planning Board. If all applicable provisions are not met the plat shall be returned to the applicant with deficiencies noted.

4). Planning Board Review Procedure. First consideration of the preliminary plat shall be at the next regularly scheduled meeting of the Planning Board that follows at least seven (7) days after the Chairman or his designee has received notifi–cation of submittal from the Code Enforcement Officer. The Planning Board shall take action within thirty-five (35) days of receiving the preliminary plat.

Before taking final action on the preliminary plat, the Planning Board may refer copies of the plat and any accompanying material to those public agencies concerned with new development, provided that the Planning Board may extend the thirty-five (35) day review period if within said time period it has not received information it deems necessary for a thorough review of the plat.

Approval of the preliminary plat shall be valid for one year unless a written extension is granted by the Planning Board on or before the one-year anniversary of said approval. If the final plat is not submitted for approval within said one-year period or any period of extension, then said approval of the preliminary plat shall be void.

(e). Begin Construction.

Upon approval of the preliminary plat by the Planning Board, the owner/developer may proceed with preparation of the final plat and the installation of or arrangements for roads, utilities, and other improvements as specified in the approved preliminary plat.

(f). Final Plat.

1). General. No final plat for a Travel Trailer/RV Park will be considered unless it has been preceded by a preliminary plat ap–proved by the Planning Board. No final plat will be considered unless and until the owner/developer shall have installed in that area represented on the final plat all improvements required by this Ordinance as specified in the approved preliminary plat. The owner/developer shall submit four (4) copies and one original of the final plat to the Code Enforcement Officer.

2). Contents Required. The original of the final plat shall be at a scale of one hundred (100) feet to one (1) inch, or at another scale acceptable to the Code Enforcement Officer, and shall conform substan–tially to the preliminary plat as approved. The plat shall conform to the provisions of the N.C. General Statutes, Section 47-30, as amended. The final plat shall be prepared by a registered land surveyor currently licensed and registered by the State of North Carolina by the N.C. Board of Registration for Professional Engineers and Land Surveyors, and shall show the following information:

(a) Travel Trailer/RV Park name, North arrow, scale denoted graphically and numerically, date of plat preparation, and township, county and state in which the Travel Trailer/RV Park is located; and the name(s) of the owner/developer(s) and the registered surveyor (including the seal(s) and registration number(s)).

(b) The exact boundary lines of the tract to be subdivided fully dimensioned by lengths and bearings, and the location of intersecting boundary lines of adjoining lands.

(d) All visible and apparent rights-of-way, watercourses, utilities, roadways, and other such improvements shall be accurately located where crossing or forming any boundary line of the property shown.

(e) Sufficient engineering data to determine readily and reproduce on the ground every straight or curved boundary line, street line, site line, right-of-way line, easement line, and setback line, including dimensions, bearings or deflection angles, radii, central angles, and tangent distances for the center–line of curved streets and curved property lines that are not the boundary of curved streets.

(f) The accurate locations and descriptions of all monument markers and control points.

(g) The blocks numbered consecutively throughout the entire Travel Trailer/RV Park and the sites numbered consecutively throughout each block.

(h) Minimum building setback lines.

(i) The location and width of all adjacent streets and easements.

(j) The location and dimensions of all rights-of-way, utility, or other easements.

Staff Review and Approval. Upon receipt of the final plat the Code Enforcement Officer shall review it for compliance with this Ordinance and other ordinances and regulations of the Town. The plat shall be accompanied by written approval from the appropriate agencies that all streets and water and sewer utilities have been installed in accordance with all required specifications, unless a guarantee of such instal–lations has been arranged in accordance with Section 606(1) of the Town of Maggie Valley Subdivision Ordinance. Upon receipt of said written approvals, the Code Enforcement Officer shall sign a "Certificate of Approval of the Installation and Construction of Streets, Utilities and Other Required Improvements". The Code Enforcement Officer shall meet with any person or agency deemed necessary for adequate review of the plat and shall complete such review within fourteen (14) days after submittal. If all applicable requirements of this Ordinance are met the Code Enforcement Officer shall approve the plat and submit it to the Planning Board. If all applicable requirements of this Ordinance are not met the Code Enforcement Officer shall disapprove the plat and return it to the applicant with deficiencies noted.

4). Planning Board Review . Upon approval by the Code Enforcement Officer, the final plat shall be submitted to the Planning Board. First consideration shall be at the next regularly scheduled meeting that follows at least seven (7) days after submission. The Planning Board shall make a determination of approval or disapproval of the final plat at its first consideration or at any regular or special meeting within thirty-five (35) days of the plat's first consider–ation. The Board may extend the review period if it deems necessary in order to obtain additional information necessary for a thorough review of the plat.

(g). Surface Water Run Off

Any property owner/developer, individual, business, or corporation grading lands or making improvements within the Town limits of Maggie Valley, North Carolina, will be required to submit information prepared by a registered engineer or a registered land surveyor sufficient for the Town to adequately review the existing and proposed drainage for the project.

This information must include a plat of the property showing a metes and bounds survey, existing and proposed sub-surface drainage facilities, estimated increased surface drainage following project completion and plans for transfer and disposal of the additional drainage resulting from the development. No building permit will be issued until this information has been submitted, analyzed and the Town is confident that the drainage will not result in damage to adjacent properties or violate NC General Statutes that prohibit illegal transfer of water from one drainage area onto another.

The purpose of this ordinance is to protect the property owner/developers within the Town limits from unplanned construction, inexperienced developers, and others that are not aware of the shallow water table throughout the Town and the increasing difficulties in protecting property rights and our existing drainage facilities.

This ordinance does not relieve the applicant of his responsibility to obtain additional permits as required under the Sedimentation Pollution Control Act of 1973 N.C. General Statute 113A, Article 4.

(h). Suitability of Land.

Where land to be platted is found by the Planning Board to be subject to the conditions of flooding, improper drainage, severe erosion, slides, or to have other characteristics which pose an ascertainable danger to health, safety or property, the sub-divider shall take measures necessary to correct said condi–tions and to eliminate said dangers.

(i). Water and Sewer Systems.

The preliminary Travel Trailer/RV Park plat must be accompanied by satisfactory evidence as to the proposed method and system of water supply and sanitary sewage collection and disposal. Where feasible connections shall be made to the water system owned by the Maggie Valley Sanitary District and the sewer system owned by the Town of Maggie Valley. The installation of all said systems except wells or septic tanks serving only one connection shall be required prior to final plat approval unless financially guaranteed according to subsection 606(1) of the Town of Maggie Valley Subdivision Ordinance. Said systems may be owned and operated by a public or private entity.

Any well or septic tank serving only one connec–tion shall be approved by the Haywood County Health Department. For all new systems or expansion of existing systems serving two or more connections, approval shall be according to state statutes. The preliminary plat shall be accompanied by written assurance from the developer that plans for said new or expansion of existing systems have been approved by the appro–priate state and/or local agencies. If the developer wishes to install said new or expanded systems prior to final plat approval, then submission of the final plat shall be accompanied by written approval of the installation of said systems by the appropriate state and/or local agencies. Prior to final plat approval, if the developer wishes to financially guarantee the installation of said systems, then submission of the final plat shall be accompa–nied by written approval of plans for said systems from the appropriate state and/or local agencies.

(j). Sedimentation Control.

In order to prevent soil erosion and sedimentation pollution of streams, springs, flat water bodies or other drainage net–works, and when there are plans for a land disturbing activity of one (1) acre or more, the owner/developer shall show proof with the preliminary plat of an erosion and sedimentation control plan which has been approved by the state agency having jurisdiction in accordance with the North Carolina Administrative Code, Title 15, as adopted by the North Carolina Sedimentation Commission, January 11, 1978, as amended.

(k). Building Setback Lines.

Any required building setback lines and building heights shall be in accordance with the Maggie Valley Zoning Ordinance.

(l). Penalties for Violation.

After the effective date of this Ordinance, any person who, being the owner/developer or agent of the owner/developer of any land located within the territorial jurisdiction of this Ordinance, thereafter subdivides his land in violation of this Ordinance or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a Travel Trailer/RV Park of the land before the plat has been properly approved under the terms of this Ordinance shall be guilty of a misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The Town may bring an action for injunction of any illegal Travel Trailer/RV Park, transfer, conveyance or sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with the Travel Trailer/RV Park Ordinance.

3. Existing TRAVEL TRAILER/RV PARKS that were in existence at the time of the ordinance, October ---, 1998, will be considered conforming uses and will be allowed to expand within their boundaries as their boundaries existed on that date.

Provided, however, that the expansion is limited to a maximum of 15% of the entire park as it existed on the date of the ordinance.

Provided, further, that all newly expanded sites shall comply with Section 604.3,number 2 (a). Site Requirements and be permitted by the Town of Maggie Valley's Planning / Zoning Board of Adjustment.

If any existing TRAVEL TRAILER/ RV PARK wishes to expand further than the "15%" rule, they may do so up to a maximum of 25% of the entire park with Planning / Zoning Board of Adjustment approval, and so by having the entire TRAVEL TRAILER/ RV PARK comply with Sections 604.3, number 2(a) through and including Section 604.3, number 2(l).

Existing travel trailer/RV parks shall expand only once unless given approval for further expansion by the Planning / Zoning Board of Adjustment.

4. Setback Special Exceptions.

Setbacks may be reduced on a case by case basis in accordance with the provisions of Section 1306.2. The Zoning Board of Adjustment shall act upon the written request and justification of the applicant. A request submitted at least 10 days prior to a regularly scheduled meeting shall be acted upon at that meeting.

5. Flea Markets, Produce stands, provided that:

a. They be totally enclosed structures (a garage or sliding doors to “open” the area to the outside will be allowed).

b. All buildings will be permanent and meet all building related codes.

c. Public restrooms will be provided.

d. At least two off-street parking spaces (9’x 18’ plus necessary access space) shall be provided per individual display area or booth.

e. Prior to being granted a special exception, the owner of the facility shall provide a plan(s) showing the lot and dimensions, the building and dimensions, and the number of parking spaces. Also a sketch representing the building’s front appearance is required.

f. Any other information deemed appropriate by the Board of Adjustment.

6. Package stores

7. convenience stores

8. animal hospitals and veterinarians

9. Adult establishments provided that the establishment meets the requirements set forth in Ordinance No. 187.

10. Planned Unit Developments

11. Special Events not withstanding the provisions of this ordinance, the Town of Maggie Valley by special permit may exempt special events for the provisions of this ordinance provided that:

a. The sponsoring agency must be a State or Nationally recognized civic, charitable, fraternal, governmental organization, or demonstrates to the Board of Aldermen the direct benefits to the community. Commercial, for profit or similar activities may not receive exemptions.

b. The sponsoring agency shall submit a written application to the Board of Aldermen at least 120 days prior to the event in a form as proscribed by the Town.

c. The Board of Aldermen shall upon granting an exception transmit the approval to the sponsoring organization stating any conditions, terms, requests, or dates.

Section 605. Commercial 2 District Neighborhood Business (NB)

605.1 Intent. The regulations of this district are intended to provide for the retailing of goods and services to the nearby residential neighborhoods in such a way as to protect abutting areas from blighting influences.

All heating /air / ventilation units shall be screened from public view. Existing units may be painted to blend with the roof or screening constructed in such a manner as to block from public view. Existing units must conform within one year of the adoption of this ordinance.

605.2 Permitted Uses.

1) All uses permitted in the R-3 Residential District

2) Appliance sales and services.

3) Automobile washing establishments.

4) Bakeries.

5) Banks and other financial institutions.

6) Barber and beauty shops.

7) Bicycle sales and repair.

8) Civic organizations.

9) Dairy bars.

10) Electrical repair shops, excluding open storage.

11) Fire and police stations.

12) Florist shops, excluding commercial greenhouses.

13) Funeral homes.

14) Furriers and fur storage.

15) Glass and mirror shops, venetian blind and awning shops, and similar specialty outlets.

16) Jewelers.

17) Libraries, museums and art galleries.

18) Office supplies, equipment sales and services.

19) Offices-business, professional and public.

20) Opticians.

21) Parks and playgrounds.

22) Photographic studios.

23) Physical fitness and weight reducing establishments.

24) Restaurants, excluding restaurants with drive-thru service.

25) Retail establishments such as department, clothing, fabric, drug, notion, gift, craft, art, antique, magazine, and hobby shops, but not excluding similar retail shops.

26) Repairing and servicing household equipment, excluding open repair or storage.

27) Shoe repair.

28) Tailor, dressmaking and millinery shops.

29) Travel Trailer Parks (RV Parks)- See section 604.3, number 2.

30. Travel Trailer Storage (RV Storage) provided that: Have a six (6) feet high buffer on all four sides to block the stored travel trailers/ RV from public view.

605.3 Special Exceptions

1) All uses in R-3 High Density Residential District Special Exceptions.

Section 606. Floodway District.

Intent. It is intended that all structures and uses of structures and land located in this district as defined in the Maggie Valley Flood Hazard Boundary Map shall be subject to all regulations contained in the Maggie Valley Flood Damage Prevention Ordinance (Ordinance #26), as from time to time may be amended.

ARTICLE VII

AREA, YARD, HEIGHT AND SEWER REQUIREMENTS

Section 700.

The following standards governing lot areas and building setbacks shall apply in the zoning districts established in this Ordinance.

Districts	Minimum Lot Area	Lot Area per Dwelling Unit	Minimum Lot Width	Setback front ,side, rear
Residential 1	14,000 sq. ft.		75 ft	25’ 10’ 10’
Residential 2	11,000 sq. ft.	11,000 sq. ft. 3,000 ‘ per each additional unit	60 ft	20’ 10’ 10’
Residential 3	7,000 sq. ft.	7,000 sq. ft. 3,000 sq. ft. per each additional unit	60 ft	15’ 10’ 10’
Neighborhood Business (C2)	7,000 sq. ft.	7,000 sq. ft. For Residential uses R3 provisions shall apply.	60 ft	15’ 10’ 10’
General Business (C1)		For Residential uses R3 provisions shall apply.	75’	10’ 10’ 10’

All setbacks are from road rights-of-way or property line which ever is greater.

Height requirements: No portion of any building shall exceed the height of forty-five (45) feet as measured from the ground to the highest point on the roof.

No building may exceed three stories.

No Structure or parking shall be allowed in the green space. Principal Use signs and city sidewalks are allowed Front yard setbacks in C1 shall remain a green space.

There shall be a twenty-five (25) feet buffer zone adjacent to Jonathan Creek, Campbell Creek, and any tributary with year around flow. The buffer strip shall be composed of grasses and similar vegetative materials and shall be measured from the top of the creek bank.

*The minimum lot area for lots not served by public water and/or sewer systems as defined in this ordinance shall be approved by the Haywood County Health Department. In no case, however, shall minimum lot areas be less than those specified in this Article.

Section 701.

Privies, outhouses and other similar sewage handling facilities are prohibited. Approved "porta johns" or similar facilities will be allowed by permit for Special Events and construction sites for as long as permit is valid.

All structures designed or used for habitation shall have approved individual or public water and sewer systems installed.

All commercial structures shall have rest room facilities.

Public rest rooms may be required in a P.U.D.

ARTICLE VIII

APPLICATION OF REGULATIONS

EXCEPT AS HEREINAFTER PROVIDED:

Section 800. Use.

No building or land shall hereafter be used or occupied and no building or structure or part thereof shall be erected, moved or structurally altered except in conformity with the regulations of this Ordinance, or amendments thereto, for the district in which it is located. Any nonconforming use which is destroyed to an extent of less than 75% of its appraised FMV may be rebuilt to its original condition immediately before the casualty.

Section 801. Height and Density.

No building shall hereafter be erected or altered so as to exceed the height of forty-five feet. No building shall exceed three stories. In addition, no buildings shall exceed the density regulations of this Ordinance for the district in which it is located.

Section 802. Lot Size.

No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in size so that the lot width or depth, front, side or rear yards, lot area per family or other requirements of this Ordinance are not maintained. This prohibition shall not be construed to prevent the condemnation of narrow strips of land for public utilities or street right-of-way purposes.

Section 803. Yard Use Limitations.

No part of a yard or other open space required about any building for the purpose of complying with the provisions of this Ordinance shall be included as a part of a yard or other open space similarly required for another building.

Section 804. Only One Principal Building on Any Lot.

Only one (1) principal building and its customary accessory buildings may hereafter be erected on any lot, except as authorized by Section 1005, nor shall any building be erected on any lot which does not abut at least twenty-five (25) feet on a publicly [or privately] dedicated or maintained street.

Section 805. Yard Sales.

Yard or garage sales, and outside vending will be allowed in any zoning district. Such sales shall be limited to the owner or lessee of the property on which such sales occur. However non-profit organizations may conduct such sales on any property with the consent of the owner. Sales shall be limited to one (1) per month per property. Sales shall be limited to no more than ten (10) hours per day and may not be held for more than two (2) consecutive days. Temporary signs of no more than four (4) square feet will be permitted on the property on which the sale is being conducted. Such signs must be removed when sales are over.

Section 806. Vehicle Sales

Two or more vehicles, boats, campers, etc. displayed for sale shall be considered a sales lot and therefore a dealer’s license and the appropriate business licenses with the State and the Town would be required. If a single vehicle is for sale, the vehicles must be titled to the owner of the property or the lessee. In no case shall more than four (4) vehicles be sold within a calendar year.

ARTICLE IX

GENERAL PROVISIONS

Section 900. Nonconforming Use.

It is the intent of this section to discourage the survival of nonconforming uses and to prohibit their enlargement, expansion or extension. Any building, structure or use of

land existing at the time of the enactment of this Ordinance or any amendment thereto may be continued subject to the following provisions. They shall not be:

900.1 Changed to another nonconforming use.

900.2 Enlarged or extended except in conformity with this Ordinance.

900.3 Re-established after discontinuance for ninety (90) days. Seasonal non-conforming uses shall not be considered discontinued when closed during off season.

900.4 Rebuilt, altered or repaired after damage exceeding seventy-five (75%) percent of its fair market value immediately prior to damage.

Section 901. Off-Street Automobile Parking and Storage.

Off-street automobile parking or storage space shall be provided on every lot on which any of the following uses are hereafter established in all districts, or provided that no

parking space can be reasonably provided on the same lot, such space shall be provided on any lot a substantial portion of which is within three hundred (300) feet of such uses. The required parking space for any number of separate uses may be combined in one lot but the required space assigned to one use may not be assigned to another use at the same time, except that one-half (1/2) of the parking space required for churches, theaters or assembly halls whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at nights or on Sundays. Each automobile parking space shall be not less than nine (9 ) feet by eighteen (18) feet one hundred and sixty-two (162) sq. ft. in area exclusive of adequate access drives and maneuvering space, so that no vehicle is required to back into the street, except from single-family dwellings. Such space shall be provided with vehicular access to a street or alley; such use shall be equal in number to at least the minimum requirements for the specific use set forth below:

Use Classification Parking Space Requirement

Automobile Sales and Repair:

One (1) space for each two (2) employees at maximum employment on a single shift, plus two (2) spaces for each 300 square feet of repair or maintenance space.

Bowling alleys:

Two (2) spaces for each alley, plus one (1) additional space for each two (2) employees

Churches:

One (1) space for each five seats

Elementary schools and junior high schools, both public and private:

One (1) space for each classroom and administrative office

Filling stations

Two (2) spaces for each gas pump plus three (3) spaces for each grease rack or similar facility and one (1) space per each employee.

Hospitals:

One (1) space for each four (4) patient beds, plus one (1) space for each staff or visiting doctor, plus one (1) space for each four (4) employees

Mortuary or funeral homes

One (1) space for each four (4) seats in the assembly room or chapel

Motel, hotels, tourist homes or tourist courts

One (1) space for each accommodation, plus two (2) additional spaces for employees.

Offices, professional, business or public, including banks.

One (1) space for each 200 square feet of gross floor space and one (1) space per each employee.

Medical offices and clinics

Four (4) spaces for each doctor practicing at the clinic, plus one (1) space for each employee

Places of public assembly, including private clubs and lodges, auditoriums, dance halls, pool rooms, theaters, stadiums, gymnasiums, amusement parks, community centers, and all similar places of public assembly.

One (1) space for each four (4) seats provided for patron use, plus one (1) space for each 100 square feet of floor or ground area used for amusement or assembly, but not containing fixed seats and one (1) space per each employee on the maximum shift.

Rooming and boarding houses

One (1) space for each three (3) guest rooms, plus one (1) additional space for the owners, if resident on the premises.

Residential dwellings

Two (2) spaces for each dwelling unit

Retail business

One (1) space for each 200 square feet of gross floor area and one (1) space per each employee on the maximum shift.

Sanitariums, rest and convalescent homes, homes for the aged, and similar institutions.

One (1) space for each six (6) patient beds, plus one (1) space for each staff or visiting doctor, plus one (1) space for each four (4) employees.

Senior high schools and colleges, both public and private

One (1) space for each ten (10) students for which the school was designed, plus one (1) space for each classroom and administrative office

Manufactured home parks

Two (2) spaces for each manufactured home

Wholesaling and industrial uses

One (1) space for each two (2) employees at maximum employment on a single shift, plus one (1) space for each company vehicle operating on the premises.

Restaurant

One (1) space for each four (4) seats and one (1) space for each employee at peak hours of business.

901.1 Curb Stops Parking spaces abutting property lines shall have curb stops between the parking lanes and the property line.

901.2 Off Street Parking Lot Design Requirements. To foster community

appearance, provide orderly, safe, and systematic circulation with parking areas, the following regulations are established.

901.2A Minimum parking aisle and width dimension shall be shown as follows:

Stall Depth to

Parking Angle	Wall	Curb	Interlock	Stall Width	Aisle Width
30 deg	15.5	14.5	12.5	9.0	12.0
45 deg	18.01	6.5	16.0	9.0	13.0
60 deg	19.0	17.5	18.0	9.0	18.0
70 deg	19.5	17.5	18.0	9.0	24.0
90 deg	18.0	16.0	18.5	9.0	24.0

1. Stall depths are measured perpendicular to the center line of the parking aisle.

2. All parking lots shall be finished with asphalt, concrete, or gravel, and the aisles shall be arranged so as to channel traffic and minimize vehicular/ pedestrian conflicts.

3. All fixed objects within parking lots (utility poles, signs, fire hydrants, etc.) shall be located within islands to which access by vehicles is physically limited. These islands shall be appropriately landscaped in accordance with Article XI.

4. Signs, signals, markings shall be in conformance with Standards for North Carolina Uniform Traffic Control Devices. Where needed size reduction on devices shall be approved, however, shape and color shall meet requirements of the manual

5. Parking aisles and interior dividers shall be terminated with terminal islands not less than five (5) feet in width constructed with raised curbs and they shall be landscaped with appropriate cover.

6. Landscaping shall be required as established in Section 1100.

Section 902. Off-Street Loading and Unloading Space.

Every building or structure used for business, trade or industry hereafter erected, shall provide space as indicated herein for the loading and unloading of vehicles off the

street or public alley. Such space shall have access to an alley or, if there is no alley, to a street. For the purpose of this section an off-street loading space shall have minimum dimensions of twelve (12) feet by forty (40) feet and an overhead clearance of fourteen (14) feet in height above the alley or street grade.

902.1 Wholesale and Industry: One (1) space for each 10,000 square feet of floor space.

Section 903 Storage

Where storage is permitted, businesses within the Commercial District 1 (General Business) and Commercial District 2 (Neighborhood Business) may store materials, supplies, and repair parts (both new and used), however, such storage shall be accomplished in such a manner as to screen the stored items from the public view.

Section 903.1 Junk

Disassembled, abandoned or junked vehicles and equipment may not be openly stored on a lot. However, those items may be stored if screened from public view.

ARTICLE X

EXCEPTIONS AND MODIFICATIONS

Section 1000. Lot of Record.

Where the owner of a lot of official record in any district at the time of the adoption of this Ordinance or amendment thereto or his successor in title thereto does not own sufficient contiguous land to enable him to conform to the minimum lot size requirements of this Ordinance, such lot may be used as a building site provided that said lot requirements are not reduced greater than the minimum specified in this Ordinance by more than twenty (20) percent. If, however, the owner of two or more adjoining lots, with insufficient land dimensions, decides to build on or sell off these lots, he must first combine said lots to comply with the dimensional requirements of the Ordinance. Any lot requiring dimensional waivers below the twenty percent (20%) minimum set forth in this section may be approved as a variance by the Zoning Board of Adjustment provided that further decreased dimensional requirements shall conform as closely as possible to the required dimensions.

Section 1001. Front Yard Setbacks for Dwellings.

The front yard setback requirements of this Ordinance for dwellings shall not apply to any lot where the average setback of existing buildings located wholly or partially within one hundred (100) feet on either side of the proposed dwelling, and on the same side of the same block and use district, and fronting on the same street as such lot, is less than the minimum required front yard depth. In such case the setback on such lots may be less than the required setback, but not less than the average of the existing setbacks on the aforementioned lots, or a distance of ten (10) feet from the street right-of-way line, whichever is greater.

Section 1002. Height Limitations.

The height limitations of this Ordinance shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy, water towers, chimneys, flag poles.

Section 1003. Visibility at Intersections.

On a corner lot in any residential district, no planting, structure, sign, fence, wall or obstruction to vision more than three (3) feet in height measured from the center line of the street shall be placed or maintained within the triangular area formed by the intersecting street right-of-way lines and a straight line connecting points on said street right-of-way lines each of which is thirty-five (35) feet distant from the point of

intersection.

Section 1004. Projections Into Required Open Space.

Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for:

1004.1 The ordinary projection of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall project into a minimum side yard more than twenty-four (24) inches.

1004.2 Open or enclosed fire escapes, fireproof outside stairways and balconies projecting into a minimum yard or court not more than fifty (50) percent of the required side yard and the ordinary projections of chimneys and flues may be permitted by the Building Inspector where same are so placed as not to obstruct the light and ventilation.

Section 1005. Planned Unit Developments.

1005.1 Purpose. The purpose of this section is to afford substantial advantages for greater flexibility and improved marketability through the benefits of efficiency which permit flexibility in building siting, mixtures of housing types and land use. Residential densities are calculated on a project basis, thus allowing the clustering of buildings in order to create useful open spaces and preserve natural site features.

1005.2 Planned Unit Development Defined. Where more than one principal building or use is proposed to be constructed on a single lot, or any building with a gross floor area of 5,000 square feet or more, or any multi-family residential complex of five (5) or more units, shall be deemed a planned unit development (PUD). Residential units within a planned unit development may include single family detached or attached units, townhouse developments, garden apartments, patio homes, and other type residential units including mobile homes and mobile home parks.

1005.3 Land Development Standards. The following land development standards shall apply for all planned unit developments. Planned unit developments may be located in the all districts as special exception, subject to a finding by the Board of Adjustment that certain conditions be met:

(1) Ownership Control. The land in a planned unit development shall be under single ownership or management by the applicant before final approval and/or construction, or property assurances (legal title or execution of a binding sales agreement) shall be provided that the development can be successfully completed by the applicant.

(2) Density Requirements. There are no density requirements for non-residential uses as long as the proposed project does not violate the intent of the district in which it is located. The proposed residential density of the planned unit development (land area per dwelling unit as shown in Article VII) shall conform to that permitted in the district in which the development is located. If the planned unit development lies in more than one district, the number of allowable dwelling units must be separately calculated for each portion of the planned (unit) development that is in a separate district, and must then be combined to determine the number of dwelling units allowable in the entire planned unit development.

(3) Frontage Requirements. Planned unit developments shall have access to a highway or road suitable for the scale and density of development being proposed.

(4) Land Uses. A mixture of land uses may be allowed in any planned unit development. However, within residential districts, non-residential uses shall be primarily for the use of the PUD residents and shall not constitute the primary use in the planned unit development, and non-residential uses shall be carefully designed to compliment the residential uses within the planned unit development. All planned unit developments must be compatible with and not violate the intent of the zoning district.

(5) Minimum Requirements.

(a) The normal minimum lot size, setbacks and frontage requirements are hereby waived for the planned unit development, provided that the spirit and intent of this section are complied with in the total development plan, as determined by the Board of Adjustment. The Board of Adjustment shall exercise ultimate discretion as to whether the total development plan does comply with the spirit and intent of this section.

(b) Height limitations: No building or structure shall exceed the height limitations of the district in which it is located.

(c) Required distance between buildings: The minimum distance between buildings shall be twenty (20) feet or as otherwise specified by the Board of Adjustment to ensure adequate air, light, privacy, and space for emergency vehicles.

(d) Every dwelling unit shall have access to a public or private street, walkway or other area dedicated to common use, and there shall be provision for adequate vehicular circulation to all development properties, in order to ensure acceptable levels of access for emergency vehicles.

(6) Privacy. Each development shall provide reasonable visual and acoustical privacy for all dwelling units. Fences, insulation, walks, barriers and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views or uses, and reduction of noise. Multi-level buildings shall be located within a planned unit development in such a way as to dissipate any adverse impact on adjoining low-rise buildings and shall not invade the privacy of the occupants of such low-rise buildings.

(7) Perimeter Requirements.

(a) Structures located on the perimeter of the development must be set back from property lines and rights-of-way of abutting streets in accordance with the provisions of the zoning ordinance controlling the district within which the property is situated.

(b) Structures other than single-family detached units, located on the perimeter of the development may require screening in a manner which is approved by the Board of Adjustment.

(8) Plans and accompanying documentation to ensure that the water and sewer systems proposed for the planned unit development have been approved by the appropriate local and State agencies and submitted as part of the application.

(9) At least one week prior to the date when the Board of Adjustment is scheduled to consider the development, the developer shall submit a copy of the development plan to the Code Enforcement Officer. The development plan shall contain, where applicable, the following information:

(a) Existing site conditions, including contours, water courses, identified flood hazard areas, any unique natural or man-made features.

(b) Boundary lines of the proposed development, proposed lot lines and plot designs.

(d) Location and size of all areas to be conveyed, dedicated or reserved as common open space, parks, recreational areas, school sites and similar public and semi-public uses.

(e) The existing and proposed street system, including location and number of off-street parking spaces, service areas, loading areas, and major points of access to public right-of-way. When more than one use is located in the planned unit development, the minimum required parking shall be the sum of the required parking for each use within the development. Notations of proposed ownership of the street system (public or private). Documentation from the Maggie Valley Volunteer Fire Department of the adequacy of the development's facilities for emergency medical and fire services.

(f) Documentation of an approved Sedimentation and Erosion Control Plan shall be submitted where required.

(g) Location and/or notation of existing and proposed easements and rights-of-way.

(h) The proposed treatment of the perimeter of the development, including materials and/or techniques such as screens, fences and walls.

(i) Information on adjacent land areas, including land use, zoning classifications, public facilities, and any unique natural features.

(j) Where applicable, the following written documentation shall be submitted:

1) A legal description of the total site proposed for development, including a statement of present and proposed ownership.

2) A development schedule indicating approximate beginning and completion dates of the development, including any proposed stages.

3) A statement of the applicant's intentions with regard to the future selling and/or leasing of all or portions of the development.

4) Quantitative data for the following: proposed total number and type of residential dwelling units; parcel size; gross residential densities; and total amount of open space.

5) Plan for maintenance of common areas, recreation areas, open spaces, streets and utilities.

6) Any additional information required by the Board of Adjustment in order to evaluate the impact of the proposed development. The Code Enforcement Officer or the Board of Adjustment may waive a particular requirement if in its opinion the inclusion is not essential to a proper decision of the project.

(10) Any pedestrian and bicycle path circulation system and its related walkways shall be designed to minimize conflicts between vehicle and pedestrian traffic.

(11) Layout of parking areas, service areas, entrances, exits, yards, courts and landscaping, and control of signs, lighting, noise or other potentially adverse influences shall be such as to protect the residential character within the PUD district and desirable character in any adjoining district.

(12) Conveyance and maintenance of open space, recreational areas and communally owned facilities shall be in accordance with the Unit Ownership Act (Chapter 47-A of the North Carolina General Statutes) and/or any other appropriate mechanisms acceptable to the Board of Adjustment.

Section 1006. Floodway Fringe Areas.

Areas lying outside the Floodway district, but within the area covered by the Regional Flood, shall be subject to the regulations contained in the Maggie Valley flood Damage

Prevention Ordinance (Ordinance #26).

Section 1007 Surface Water Run Off

All Commercial lots are subject to the surface water run off requirements. All other lots may be required by special permit where deemed necessary by the Code Enforcement Officer.

Any property owner, individual, business, or corporation grading lands or making improvements within the Town limits of Maggie Valley, North Carolina, will be required to submit information prepared by a registered engineer (P.E.) or a registered land surveyor (RLS) sufficient for the Town to adequately review the existing and proposed drainage for the project.

The purpose of this ordinance is to protect the property owners within the Town limits from unplanned construction, inexperienced developers, and other that are not aware of the shallow water table throughout the Town and the increasing difficulties in protecting property rights and our existing drainage facilities.

Developers and property owners shall control surface water run off to prevent water from flowing across sidewalks or into traffic thoroughfares.

Section 1008. Recreational Vehicles.

Recreational vehicles may be stored or used on business or residential lots provided that: (1) no more than two recreational vehicles are stored or used on any one lot other than at a campground; (2) recreational vehicles may be used on a temporary basis but not to exceed one month unless in a RV park; (3) recreational vehicles shall not be used as a single family residence.

Section 1009. Street Right-of-Way.

Street and highway rights-of-way shall not be determined as a part of a lot or any required yard or open space or set backs.

Section 1010. Side Yard Setback for Dwellings.

Where a side yard abuts a street, the setback requirements for said side yard shall be the same as the front yard setback requirements for abutting property on the side streets.

ARTICLE XI

LANDSCAPING REQUIREMENTS

Section 1100. Intent and Purposes.

The Town of Maggie Valley finds that Maggie Valley is blessed with a diverse and abundant cover of trees and vegetation, which is of general aesthetic value to the Town; that the ecological diversity and richness of the town make it a desirable place for residents, owners and visitors alike; that the appearance of Maggie Valley from the public ways contributes to the growth and economic prosperity of the town; and that the growth and development attracted to the Town of Maggie Valley because of its natural beauty often require the removal of trees and other plant material, thereby contributing to the depletion of a valuable natural resource. The Town of Maggie Valley is designated as a bird sanctuary. Therefore, it is necessary to protect, preserve and restore this valuable asset. The town council declares the purposes and intent of this article to be as follows:

(1) to promote ecological balance by contributing to air purification, oxygen regeneration, ground water recharge, stormwater runoff retardation, and noise, glare and heat abatement;

(2) to encourage the preservation of existing trees and vegetation;

(3) to provide adequate light and air and prevent overcrowding of land;

(4) to provide visual buffering and enhance the beautification of the town;

(5) to safeguard and enhance property values and to protect public and private investment;

(6) to preserve, protect and restore the unique identity and environment of the Town of Maggie Valley and preserve the economic base attracted to the Town of Maggie Valley by such factors;

(7) to conserve energy; and to protect the public health, safety and general welfare;

(8) to provide habitat for living things that might not otherwise be found in urban and suburban environs.

Section 1101. Application.

The requirements of this section shall apply to all area within the Town of Maggie Valley zoning jurisdiction which is not excluded below, and shall specifically apply to all street yards, vehicular parking areas, display areas, and trash dumpster areas situated within such jurisdiction.

The requirements of this section shall not apply to:

(1) lots containing only detached single-family or two-family dwellings;

(2) the sites of repairs, alterations or improvements to the interiors or exteriors of existing buildings which do not expand or enlarge such buildings;

(3) the sites of additions or expansions to existing buildings where the gross building area of the additions or expansions does not exceed 25% of the gross building area of the existing building(s);

(4) the sites of additions or expansions to existing vehicular parking areas, display areas, and trash dumpster areas where the gross area of such additions or expansions does not exceed 25% of the existing areas.

Section 1102. Landscaping Plan Approval.

Whenever an application is filed with the Town of Maggie Valley for a building and/or zoning permit for any use of land to which these landscaping requirements may apply, such application shall be accompanied by a landscape development plan. Such plan shall be in sufficient detail to enable the Code Enforcement Officer to determine whether or not such plan, when fully implemented, will comply with these landscaping requirements; and, in addition to information required by other provisions of this ordinance, shall include at a minimum the following specific information:

(1) the locations, dimensions and descriptions of all areas to be landscaped, including buffers, screens and fences;

(2) the locations, species, spacing and size (height and caliper) of proposed trees that are required;

(3) the locations, species (as appropriate), spacing and sizes of planting materials and fences that are proposed to serve as required screens and buffers;

(4) the locations, dimensions and descriptions of any barriers to be installed at any time to protect trees and plants;

(5) a description of proposed means for watering and soil stabilization for planted areas.

Section 1103. General Requirements and Conditions

(1) Certificate of Occupancy. A Conditional Certificate of Occupancy shall be issued by the Code Enforcement Officer for the temporary use and occupancy of the building, structure or land for a maximum period of 90 days from the date of the issuance of such certificate whenever the landscaping requirements of this ordinance are not complied with on time for the intended use and occupancy of a building structure or land due to weather conditions. Should these landscaping requirements not be complied with in full upon the expiration of such Conditional Certificate of Occupancy, the use of the property for which such certificate was issued shall be discontinued and further use of said property beyond the expiration date of such certificate shall constitute an illegal use and occupancy of such property.

(2) Alternate Methods of Compliance. It is not the intent of this section to prevent the use of a material or method of construction not specifically prescribed by this section, especially whenever a stream, natural rock formation or other physiographic obstacles make conventional compliance extraordinarily difficult or impossible. Alternate materials and methods may, therefore, be utilized to satisfy these requirements, provided that any proposed alternate is suitable for the purpose intended, and is at least the equivalent of that specifically prescribed by this section in quality, effectiveness, durability, hardiness and performance. The Board of Adjustment shall approve any alternate methods of compliance and may require that sufficient evidence and data be submitted to substantiate any claim that may be made in this regard.

Existing trees which meet or exceed the quantity, spacing and size standards herein may be used to satisfy planting requirements, provided each is uniformly encircled by a protected ground area during any construction conducted upon the premises. The protected ground area shall completely encircle the existing tree and shall be extended at least seven feet from the base of the tree trunk in all directions, or at least one foot per each inch of caliper of the tree trunk measured at grade, whichever is greater. Any protected ground area must be clearly marked in the field during construction. No credit will be allowed for any tree proposed to be retained if there is any encroachment of construction, construction activity or construction materials within the protected ground area.

(3) Landscaping shall not obstruct the view of motorists using any street, private drive, parking aisle or other approaches to street intersections so as to constitute a condition endangering the public safety upon any such street, driveway, parking aisle or street intersection.

(4) All required planting and landscaped area shall be maintained at all times in good, stable and healthy condition as not to interfere with traffic on any public or private streets or rights-of-way. Buffer strips shall be maintained as not to encroach on rights-of-way.

(5) These landscaping requirements are intended to be performance oriented and the failure of trees and plantings to achieve adequate growth and development shall constitute noncompliance.

(6) All landscape planting areas shall be stabilized from dust and soil erosions

immediately upon planting and shall be maintained for the duration of the premises.

Section 1104. Specific Landscaping Requirements

(1) Street Yards. It is the intent of this section to establish a landscaped planting area, hereinafter called a street yard. This area shall contain plantings of trees and other live vegetation (e.g., lawns, shrubbery, ground covers, etc.). Such landscaping areas should allow for the identification of buildings and land uses.

(a) All land uses to which these landscaping requirements apply shall provide a street yard along and adjacent to any street right-of-way, and on the property being developed.

(b) Each street yard shall have a minimum width of ten feet, a maximum width of 25 feet.

(c) In the case where a lot abuts more than one street, an average street yard width of eight feet shall be maintained along all other street rights-of-way. No street yard shall be required along an alley.

(d) Impervious surfaces, such as driveways, within a street yard shall not exceed 25% of the required street yard, except that not more than two 25 foot drives may be permitted for any lot having a street frontage of less than 200 feet in length.

(e) Shade trees (a minimum of two small trees) shall be planted not more than 20 feet apart within the street yard. No such planting shall be installed more than 10 feet from the property line at either end of the street yard. Each small tree shall have a caliper of at least one inch and a height of at least six feet at planting. Silver Maple, White Pine and Lombardy Poplar trees shall not be permitted as required trees in complying with these requirements.

(f) Large shade trees shall not be planted under overhead electrical power lines. In this situation, two small trees shall be substituted for each required large shade tree, unless prohibited by the owner of such power lines or right-of-way for such lines.

(g) Adequate wheel stops or curbs shall be installed for the protection of required trees and plantings that are within five feet of a vehicular parking/display area or driveway. Wheel stops or curbs shall be a minimum of six inches in height and shall be anchored to the ground, and may be concrete, rot resistant heavy timbers or other effective materials.

(2) Vehicular Parking Area and Display Areas. The intent of this section is to provide for trees adjacent to and/or within vehicular parking areas and display areas in order to modify and reduce the deleterious, visual, environmental and aesthetic effects of these areas.

(a) All vehicular surfaces and display areas, whether temporary or permanent, to which these landscaping requirements apply shall be provided with a minimum of one large shade tree per each 2,000 square feet, or fraction thereof, of surface area, including drives, etc. Such trees shall be located and arranged that each tree trunk is no more than 50 feet from a designated vehicular parking space and shall be located within planting areas (i.e., islands) having a minimum of 300 square feet of contiguous and landscaped growing area and having a minimum dimension of seven feet; such landscaped area shall be planted or mulched with no bare ground.

(b) Large shade trees shall not be located under overhead power lines. In this situation, two small trees shall be substituted for each required large shade tree unless prohibited by the owner of said lines or right-of-way within which such lines exist.

(c) Adequate wheel stops or curbs shall be provided for the protection of trees that are within five feet of a vehicular parking/display area or driveway. Wheel stops or curbs shall be a minimum of six inches in height, shall be anchored to the ground, and may be concrete, rot resistant heavy timbers or other effective materials.

(d) Existing trees may be used to satisfy the requirements of this section under the conditions set forth in Section 1103.

(3) Trash Container and Dumpster Screen/Buffers. The large metal boxes commonly known as dumpsters are a type of trash container as such term is used herein. Such dumpsters are, however, referred to in this section by specific name for purposes of emphasis and clarity.

(a) It is the intent of this section to provide for visual screens and or buffers between trash container and dumpster locations and all street rights-of-way and adjoining properties.

(b) Trash containers and dumpsters shall not be located in the front yard of any property where practical and shall be screened from view on all sides, except for one opening not greater than 12 feet in width to allow for service access.

(c) Screens and/or buffers intended to satisfy this requirement shall be in accordance with the criteria for screens/buffers as defined in Section 1101of this ordinance.

ARTICLE XII

ADMINISTRATION, ENFORCEMENT AND PENALTIES

Section 1200. Intent.

It is the intent of this Ordinance that all questions arising in connection with the enforcement or the interpretation of this Ordinance shall be first presented to the Code Enforcement Officer and that such questions shall be presented to the Board of Adjustment only on appeal from the Code Enforcement Officer and that from the decisions of the Board of Adjustment, recourse shall be taken to the courts as provided by law. It is further the intent of this Ordinance that the duties of the Board of Aldermen in connection with this Ordinance shall not include hearing and passing on disputed questions which might arise in connection with the enforcement or interpretations of this Ordinance, but the procedures for determining such questions shall be stated in this Ordinance, and the duties of the Board of Aldermen in connection with this Ordinance shall be only the duty of holding a public hearing and voting upon any proposed amendment or repeal of this Ordinance as provided by law.

Section 1201. Zoning Code Enforcement Officer.

The Code Enforcement Officer is hereby authorized, and it shall be his duty to enforce and administer the provisions of this Ordinance.

1201.1 Review of Plans. It shall be the duty of the Code Enforcement Officer to review all plans and specifications of a proposed building or structure and to review all plans for a change in use of any building or structure on any lot to insure conformity with the Ordinance and to issue a certificate of zoning compliance.

No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building permit be issued nor shall any change in use of any building or land be made until a certificate of zoning compliance shall have been issued by the Zoning Code Enforcement Officer. No certificate of zoning compliance shall be issued except in conformity with the provisions of this ordinance. Upon approval of a special exception or variance by the Board of Adjustment, the Code Enforcement Officer shall issue a certificate of zoning compliance. All applications for certificates of zoning compliance shall be accompanied by plans in duplicate and drawn to scale showing the actual dimensions of the lot to be built upon, accurate dimensions and use of the proposed building(s), the location on the lot of building(s) or structure(s) proposed to be erected or altered, and such other information as may be necessary to provide for the enforcement of the provisions of this ordinance. Prior to the issuance of a certificate of zoning compliance, the Code Enforcement Officer may consult with qualified personnel for assistance to determine if the application meets the requirements of this ordinance.

Section 1202. Building Permit Required.

No building or other structure shall be erected, moved, extended or enlarged, or structurally altered, nor shall any excavation or filling of any lot for the construction of any building be commenced until the Building Inspector has issued a building permit for such work. No building permit shall be issued except in conformance with the Ordinance except after written order from the Board of Adjustment. Building permits shall be issued only to those who have obtained a certificate of compliance from the Code Enforcement Officer.

Section 1203. Application for Building Permit.

Each application to the Building Inspector for a building permit shall be accompanied by plot plans in duplicate showing:

Section 1203.1 The actual dimensions of the lot to be built upon.

1203.2 The size of the building to be erected.

1203.3 The location of the building on the lot.

1203.4 The location of existing structures on the lot, if any.

1203.5 The number of dwelling units the building is designed to accommodate.

1203.6 The approximate setback lines of buildings on adjoining lots.

1203.7 Such other information as may be essential for determining whether the provisions of this Ordinance are being observed.

1203.8 The proposed use of land.

1203.9 Site soil stabilization and reseeding plan or landscaping

Within 90 days of being granted any approval by the Zoning Board of Adjustment, a property owner or developer must obtain a building permit. Any building permit issued shall become invalid unless the work authorized by it shall have been commenced within six (6) months of its date of issue or if the work authorized by it is materially suspended or abandoned for a period of ninety (90) days. A record of building permits shall be kept on file in the office.

Section 1204. Certificate of Occupancy Required

A certificate of occupancy issued by the Code Enforcement Officer is required in advance of the occupancy or use of any building hereafter erected, altered or moved, or the change in use of any building or land. In conjunction with the final building inspection, the Code Enforcement Officer shall certify that all requirements of this ordinance have been met. The applicant shall call for such certification coincident with the final building inspection or within 10 days following completion. A certificate of occupancy, either for the whole or part of a building, shall be applied for coincident with the application for a certificate of zoning compliance and shall be issued within 10 days after the erection or structural alterations or change in use of the building, or part, shall have been completed in conformity with the provisions of this ordinance. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this ordinance. If the certificate of occupancy is denied, the Code Enforcement Officer shall state in writing the reasons for refusal and the applicant shall be notified in writing of the refusal. A record of all certificates shall be kept on file in the office of the Code Enforcement Officer, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land involved.

Section 1205. Remedies.

In case any building is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building or land is used in violation of this Ordinance, the Code Enforcement Officer, or any other appropriate Town authority, or any person who would be damaged by such violation, in addition to other remedies, may institute an action for injunction, or mandamus, or other appropriate action or proceeding to prevent such violation.

Section 1206. Appeal from the Code Enforcement Officer.

All questions arising in conjunction with this ordinance shall be presented first to the Code Enforcement Officer, and such questions shall be presented to the Board of Adjustment only on appeal from a ruling of the Code Enforcement Officer. Any order, requirement, decision or determination made by the Code Enforcement Officer may be appealed to the Board of Adjustment pursuant to the procedures found in this ordinance.

ARTICE XIII

ZONING BOARD OF ADJUSTMENT

Section 1300. Establishment of Zoning Board of Adjustment.

A. Zoning Board of Adjustment is hereby established. Said Board shall consist of five (5) members. Initial appointment of the members shall be as follows: one (1) member for a term of three (3) years, two (2) members for a term of two (2) years, and two (2) members for a term of one (1) year. Subsequent appointments shall be made for three (3) year terms. Any vacancy in the membership shall be filled for the un-expired term in the same manner as the initial appointment. Members shall serve without pay, but may be reimbursed for any expenses incurred while representing the Board.

Section 1301. Selection of Alternate Members.

The Board of Aldermen shall also appoint two alternate members to serve on the board of adjustment in the absence, for any cause, of any regular member. Such alternate members shall be appointed for three year terms. Such alternate members, while attending any regular or special meeting of the board of adjustment and serving in the absence of any regular member, shall have and exercise all the powers and duties of such regular member so absent.

Section 1302. Jurisdiction and Decisions of the Zoning Board of Adjustment.

The concurring vote of four (4) members of the Zoning Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of the Code Enforcement Officer; or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance; or to effect any variation of this Ordinance.

On all appeals, applications and other matters brought before the Zoning Board of Adjustment, said Board shall inform, in writing, all the parties involved of its decisions and the reasons therefor.

Section 1303. Proceedings of the Zoning Board of Adjustment.

The Board of Adjustment shall consist of five (5) members, none of whom shall be a member of the Board of Aldermen of the Town of Maggie Valley, but all of whom shall reside within the corporate limits of Maggie Valley. The Board of Aldermen shall appoint a Chairman to serve a three year term, two members to serve two year terms and two members to serve one year term. All subsequent appointments shall be three (3) year terms. The Board shall appoint a secretary, who may be a municipal officer, an employee of the Town, a member of the Planning Board, or a member of the Board of Adjustment. The Board shall adopt rules and bylaws in accordance with the provisions of this Ordinance and of Article 19, Chapter 160-A of the General Statutes of North Carolina. Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his absence the vice-chairman, may administer oaths and request the attendance of witnesses. All meetings of the Board shall be open to the public. Four of the five members shall constitute a quorum.

Section 1304. Appeals, Hearings and Notice.

An appeal from the decision of the Code Enforcement Officer may be taken to the Board of adjustment by any person aggrieved or affected by such decision. Such appeal shall be taken within 10 days by filing with the Code Enforcement Officer, on a form provided, a notice of appeal specifying the grounds thereof. The Code Enforcement Officer shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. The Board of Adjustment shall, at the next regularly scheduled meeting that follows at least seven (7) days of the filing of the appeal, hear and review said appeal.

Section 1305. Stay of Proceedings.

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the Code Enforcement Officer certifies to the Zoning Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the Code Enforcement Officer, and on due cause shown.

Section 1306. Powers and Duties of the Zoning Board of Adjustment.

The Zoning Board of Adjustment shall have the following powers and duties:

1306.1 Administrative Review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Code Enforcement Officer in the enforcement of this Ordinance.

1306.2 Special Exceptions. To hear and decide special exceptions to the terms of this Ordinance upon which the Board of Adjustment is required to pass under this Ordinance. To decide such questions as are involved in determining whether a special exception should be granted. To grant special exceptions with such conditions and safeguards as are appropriate under this Ordinance, or to deny special exceptions when not in harmony with the intent of this Ordinance and would adversely affect the public interest. A special exception may be granted by the Board of Adjustment only after making the following findings.

1306.2-1 Within 90 days of being granted a special exception or a variance, a building permit must be obtained if a building permit is required.

(1) That the Board of Adjustment is empowered under a specific section of this Ordinance to grant the special exception and that the granting of the special exception will not adversely affect the public interest.

(2) Before any special exception shall be issued, the Board shall make written findings certifying compliance with all specific rules governing the individual special exception and that satisfactory provision and arrangement has been made concerning the following wherever applicable:

(a) Ingress and egress to property and proposed structure with particular reference to automotive and pedestrian safety, convenience, traffic flow and control, and access in case of fire or catastrophe.

(b) Refuse and service areas, with particular reference to the items in (a) above.

(c) Off-street parking and loading areas where required with particular attention to the items in (a) above and to the economic, noise, glare or odor effects of the special exception on adjoining properties and generally in the district.

(d) Utilities, with reference to location, availability and compatibility.

(e) Screening and buffering, with reference to type, dimensions and character.

(f) Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district.

(g) Required yards and other open spaces.

(h) General compatibility with adjacent property and other property in the district.

(2.1) Within ninety (90) days of being granted any approval by the Zoning Board of Adjustment, a property owner or developer must obtain a building permit or variance will expire.

(3) The Board of Adjustment shall request the Maggie Valley Planning Board to review and make recommendations concerning the special exceptions relative to the following considerations:

(a) Relation of the special exception to applicable elements of the planning program.

(b) Appearance of the special exception relative to location, structure and design.

1306.3 Variances. To authorize upon appeal in specific cases such variances from the terms of the Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance will, in an individual case, result in practical difficulty or unnecessary hardship; so that the spirit of the Ordinance shall be observed, public safety and welfare secured, and substantial justice done. The existence of a nonconforming use of neighboring land, building or structures in the same district or of permitted or nonconforming uses in other districts shall not constitute a reason for the requested variance. The fact that property may be utilized more profitably will not be considered adequate to justify the Board in granting a variance. Such variance may be granted in such individual case of unnecessary hardship upon a finding by the Board of Adjustment that all of the following conditions exist:

1306.1 There are extraordinary and exceptional conditions pertaining to the particular place or property in question because of its size, shape or topography that are not applicable to other lands or structures in the same district.

1306.2 Granting the variance requested will not confer upon the applicant any special privileges that are denied to other residents of the district in which the property is located.

1306.3 A literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located.

1306.4 The requested variance will be in harmony with the purpose and intent of this Ordinance and will not be injurious to the neighborhood or to the general welfare.

1306.5 The special circumstances are not the result of the actions of the applicant.

1306.6 The variance requested is the minimum variance that will make possible the legal use of the land, building or structure.

1306.7 The variance is not a request to permit a use of land, building or structure which is not permitted by right or by special exception in the district involved.

Section 1307 Appeals from the Zoning Board of Adjustment.

Any person or persons, jointly or severally, aggrieved by any decision of the Board, may, within thirty (30) days after the filing of the decision in the office of the Board, but not thereafter, present to a court of competent jurisdiction a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying that ground of illegality, whereupon such decision of said Board shall be subject to review by certiorari as provided by law.

Section 1308. Fees for Variances, Appeals and Special Exceptions.

A fee shall be paid to the Town of Maggie Valley, North Carolina, for an application for a variance, exception or appeal to cover the necessary administrative costs and advertising. The fee for a request for a variance, or special exception, or for an appeal to the board of adjustment shall be determined by the Board of Aldermen, payable to the Town of Maggie Valley.

ARTICLE XIV

AMENDMENTS

Section 1400. Amendments.

The Ordinance, including the Zoning Map and the High Water Profiles plat, may be amended from time to time, but no amendment shall become effective unless it shall have been proposed by, or shall have been submitted to, the Town of Maggie Valley Planning Board for review and recommendation. The Planning Board shall have thirty (30) days within which to submit its report. If the Planning Board fails to submit a report within the thirty day period, it shall be deemed to have approved the proposed amendment. A public hearing shall be held by the Board of Aldermen before adoption of any proposed amendment to this Ordinance. A notice of such public hearing shall be given in accordance with N.C. General Statute 160A-364 and 160A-384.

In case of a protest against an amendment, supplement, change, modification or repeal signed by the owners of twenty (20) percent or more of the area of the lots included in such proposed change, or of those immediately adjacent thereto either in the rear thereof or on either side thereof, extending one hundred (100) feet from the street frontage of such opposite lots, such amendment shall not become effective except by favorable vote of three fourths (3/4) of all members of the Board of Aldermen.

Section 1401. Fees for Amendments.

A fee as determined by the Board of Aldermen shall be paid to the Town of Maggie Valley, North Carolina, for each application for an amendment to cover the cost of advertising and other administrative expenses involved.

ARTICLE XV

LEGAL STATUS PROVISIONS

Section 1500. Conflict With Other Regulations.

Whenever the regulations of this Ordinance require a greater width or size of yards, courts, or other open space; or require a lower height of buildings or lesser number of stories; or require a greater percentage of lot to be left unoccupied; or impose other more restrictive standards that are required in or under any other statutes or agreements, the regulations and requirements of this Ordinance shall govern.

Whenever the provisions of any other statute or agreement require more restrictive standards than are required by this Ordinance, the provisions of such statute or agreement shall govern.

Section 1501. Validity.

Should any section or provisions of this Ordinance be declared by the courts to be unconstitutional or invalid, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be

unconstitutional or invalid.

ARTICLE XVI

PENALTY

Section 1600. Penalty.

Any person violating any provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished for each offense by a fine not exceeding fifty dollars ($50.00) or by imprisonment not to exceed thirty (30) days. Each day such violation continues shall be deemed a separate offense.

In addition to the above statement and in accordance with G.S. 160A-175, the Town of Maggie Valley shall have the power to impose penalties for the violation of the provisions of this ordinance as provided in this section. The Town may enforce this ordinance by any one, all, or a combination of the remedies authorized and prescribed by G.S. 160A-175,with the exception of subsection (b). When a violation subjects an offender to a civil penalty, said penalty shall be $50.00 per day. Unless the violation is corrected or appeal is made to the Town of Maggie Valley Board of Adjustment, the civil penalty shall begin ten days after the notice of the violation has been given by means of a certified letter by the Town of Maggie Valley official. Further, this ordinance shall provide that each calendar day’s continuing violation shall constitute a separate and distinct offense, and the total penalty thus resulting shall be recorded as a lien against the property.

CHAPTER 2.

SIGNS

THE REGULATION OF OUTDOOR ADVERTISING IDENTIFICATION, BUSINESS AND PRINCIPAL USE SIGNS AND THE PROHIBITION OF OFF-PREMISES SIGNS IN THE TOWN OF MAGGIE VALLEY, NORTH CAROLINA.

ARTICLE I. INTENT. These regulations shall apply to the regulation of all outdoor advertising and to identification, business and principal use signs as defined by this Ordinance.

ARTICLE II. DEFINITIONS.

A. Sign. A name, identification, description, display or illumination which is affixed to, or painted, or represented directly or indirectly upon a building structure or lot and which directs attention to an object, product, place, activity, person, institution, organization or business.

B. Temporary Sign. An informational sign or other advertising devise intended for a limited period of display.

C. Off-Premises Signs. A sign which is designed to advertise or intended to advertise a business, activity, product or function which is not carried on or conducted on the property on which the sign is located.

D. Lot. A tract or parcel of land occupied or capable of being occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open space belonging to the same.

E. Principal Use Identification Signs. A sign which advertises a product, business or services or which conveys general information or data relating to the primary use of or primary products produced by the principal user of the lot or premises.

F. Attached Sign. A sign which is itself directly affixed to the principal building on a lot.

G. Free-Standing Sign. A sign supported by a structure placed in the ground and which is wholly independent of any building or object other than the sign structure for support.

H. Sign Structure. A supporting structure erected or intended for the purpose of displaying a sign. This definition does not include a building, fence, or any other structure that is designed for any purpose other than the display of a sign.

I. Pennants and Balloons. Any animated, rotating, fluttering or nonstationary device made of flexible materials designed to attract attention.

J. Roofline. The horizontal line which passes through the highest point of any roof.

K. Unified Business Development. Where more than one principal building or business exists on a single lot or where any building contains a gross floor area of 5,000 square feet or more, such building or business shall be deemed to be a unified business development. Bona fide motels and rental cottages shall not be deemed to be unified business developments unless operated in conjunction with other businesses.

L. Commemorative Sign. Any sign erected in remembrance of a person or event or which is commemorative in nature. Any commemorative sign shall be approved by the Board of Aldermen.

M. Construction Sign. A temporary sign whose message is limited to identification of architects, engineers, contractors, and other individuals or firms involved with construction on a specific site, the name of the building, the intended purpose of the building, and the expected completion date.

N. Governmental Sign. Any sign erected by or on the order of an authorized public official in the performance of his office or duty including, but not limited to, traffic control signs, street name signs, warning and directional signs, public notice, or signs of a similar nature.

O. Incidental Sign. A single face, non-illuminated professional or announcement sign attached wholly to a building, window or door containing information relative to emergencies, store hours, credit cards honored, and other similar accessory information.

P. Noncommercial message. Any message protected by the First Amendment that does not direct attention to a business operated for profit, or to a commodity or service for sale.

Q. Political Sign. A sign erected for the purpose of advertising a candidate or stating a position regarding an issue upon which the voters of the town may vote.

R. Portable Sign. A sign generally constructed to be easily movable without a permanent attachment to the ground and which may or may not be equipped with wheels. Such signs may be designed for changeable messages. Signs painted on or attached to operational vehicles and signs defined as temporary signs are not included in this definition.

S. Reader Board: A sign on which message copy is changed manually through the utilization of attachable letters, numbers, symbols and other similar character or changeable pictorial panes.

T. Flashing Sign: A sign that incorporates flashing or blinking lights, or a sign with moving parts or parts which simulate movement, including signs or lights on signs reflecting or emitting a glaring light that could impair driver vision.

U. Banners: A sign with message or advertisement that is applied to flexible substrate of cloth or vinyl. The sign is held in place by grommets, ropes, and ties and is intended for temporary use only.

V. Changeable Copy Sign that includes Scrolling marquees, time and temperature and like signs on which message copy is changed electronically.

ARTICLE III. ENFORCEMENT AND ADMINISTRATION.

A. The Code Enforcement Officer is hereby given the authority to administer and enforce the provisions of this ordinance. He shall be responsible for issuing permits for the erection of all outdoor signs and advertising, identification, business and principal use signs. (He shall be responsible for issuing permits in accordance with the provisions of this ordinance). The Code Enforcement Officer shall refuse a permit for the erection of any sign which does not meet the requirements of this Ordinance. In addition to this requirement, a permit shall be refused if the owner has or possess any outstanding sign violation until said violation is corrected. In the absence of the Code Enforcement Officer, the Manager or an appointee designated by the Manager shall have the authority to act in that capacity.

B. Any person, firm or corporation aggrieved by any decision of the Code Enforcement Officer regarding any provision of this ordinance may appeal such decision to the Board of Adjustment. Such appeal may be taken within ten (10) days of the Code Enforcement Officer's decision by filing with the Code Enforcement Officer a Notice of Appeal setting forth either the reasons that the appellant believes that the Code Enforcement Officer's decision is in error or the reasons that the appellant should be granted a variance from the provisions of this ordinance. Upon receipt of an appeal, the Code Enforcement Officer shall transmit the appeal together with any necessary records to the Board of Adjustment for hearing.

C. The Board of Adjustment shall consist of five (5) members, none of whom shall be a member of the Board of Aldermen of the Town of Maggie Valley, but all of whom shall reside within the corporate limits of Maggie Valley. The Board of Aldermen shall appoint a Chairman to serve a three year term, two members to serve two year terms and two members to serve one year term. All subsequent appointments shall be three (3) year terms.

D. The Board of Adjustment shall hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Code Enforcement Officer in the enforcement of this Ordinance.

E. The Board of Adjustment shall hear and decide appeals for variances from the provisions of this Ordinance. Variances may be granted by the Board of Adjustment only when special conditions exist whereby a literal enforcement of the provisions of this Ordinance would result in practical difficulty or unnecessary hardship.

F. The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse a decision or determination of the Code Enforcement Officer or to grant a variance from the provisions of this Ordinance.

G. All decisions and findings of the Board of Adjustment shall be final administrative decisions. Appeals from decisions of the Board of Adjustments shall be taken to the Superior Court by proceedings in the nature of certiorari.

H. If any sign is erected, constructed, repaired, converted or maintained in violation of this Ordinance, the Board of Aldermen or any adjacent or other property owner who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action in proceeding to stop the violation.

1) Penalty. Any person, firm or corporation who violates any provision of this Ordinance shall, upon conviction, be guilty of a misdemeanor and shall be fined not exceeding Fifty ($50.00) Dollars. Each day that a violation continues to exist shall be considered a separate offense, provided the violation is not corrected within seven (7) days, or forty-eight (48) hours for a temporary sign, after notice of the violation has been given.

In addition to the above statement and in accordance with G.S. 160A-175, the Town of Maggie Valley shall have the power to impose penalties for the violation of the provisions of this ordinance as provided in this section. The Town may enforce this ordinance by any one, all, or a combination of the remedies authorized and prescribed by G.S. 160A-175, with the exception of subsection (b). When a violation subjects an offender to a civil penalty, said penalty shall be $50.00 per day. Unless the violation is corrected or appeal is made to the Town of Maggie Valley Board of Adjustment, the civil penalty shall begin ten days after the notice of the violation has been given by means of a certified letter by the Town of Maggie Valley official. Further, this ordinance shall provide that each calendar day’s continuing violation shall constitute a separate and distinct offense, and the total penalty thus resulting shall be recorded as a lien against the property.

SIGNS EXEMPT FROM REGULATIONS. The following signs are exempt from the regulations of this ordinance, except where prohibited under Section VI.

A. Signs not legible from beyond the boundaries of the property on which they are located.

B. Governmental signs, including traffic warning or regulatory signs and devices.

C. Trade names and graphics which are located on gas pumps, newspaper, soft drink and similar vending devices.

D. Flags, or insignia of any governmental, non-profit, or business organization.

E. Seasonal/holiday signs and decorations associated with a national or religious holiday.

F. Warning of danger signs posted by utility or construction companies.

G. Signs on vehicles indicating the name of a business, unless the primary use of the vehicle is for advertising or the display of signs. Vehicles may not park on state or private property for displaying purposes. All vehicles must be registered, licensed and have a valid inspection.

H. Non-advertising decorative flags or devices.

I. Signs required by law, statute or ordinance.

J. No trespassing, no loitering and similar private warning signs.

K. Incidental signs.

L. Commemorative signs that have been approved by the Town Council.

M. Signs painted on or displayed in windows.

ARTICLE IV. SIGNS NOT REQUIRING A PERMIT The following types of signs are permitted without requiring a permit:

A. Regulatory or warning signs not used for advertising purposes. Such signs shall not exceed sixteen (16) square feet in area per side.

B. Professional signs in residentially zoned area announcing professions, businesses or home occupations not exceeding four (4) square feet per side in area and shall be non-illuminated.

C. "For Sale" or "For Rent" signs pertaining to realty, on the premises offered for sale or rent which do not exceed eight (8) square feet and which are not illuminated. There shall be a limit of one such sign for each lot and the sign must state what is for sale or rent such as house, lot, etc. Any tract of land with three (3) or more acres or five hundred (500) feet or more of road frontage will be allowed one sign not to exceed sixteen (16) square feet. All such signs shall be removed within five (5) days from the rental or sale closing.

D. Church bulletin boards and identification signs whether lighted or unlighted. There shall be a limit of one such sign for each lot.

E. Signs advertising agricultural products produced on the premises, not exceeding sixteen (16) square feet in area per side. There shall be a limit of one such sign for each lot.

F. Directional or informational signs of public, civic and non-profit organizations.

G. Historical markers erected by a bona fide historical association. All signs shall be limited to sixteen (16) square feet in area per side.

H. Construction signs pertaining to and during the construction or repair of property

on which they are located. Such signs shall be removed prior to completion of such project and may not be erected prior to issuance of a building permit. Such signs shall be limited to sixteen (16) square feet in area per side.

I. Political signs. Such signs shall not be attached to utility poles, shall not be displayed more than thirty (30) days prior to the election, and shall be removed within five (5) days after the issue to which the signs refer has occurred, and shall have the written permission of the property owner on which the sign is placed. Political signs shall not exceed sixteen (16) square feet in area.

ARTICLE V. SIGNS REQUIRING A PERMIT

1) Principal Use Identification Signs. The total sign area which is allotted to principal use identification shall not exceed two hundred fifty (250) square feet. Only one sign may be an unattached (free-standing detached) sign. No (free-standing detached) principal use identification sign shall have more than one hundred twenty-five (125)square feet per surface side. No more than 125 square feet shall be allotted to attached signs. No attached sign shall be less than sixteen (16) square feet in area. No banners, pennants or balloons may cover, or be attached, to a principal use identification sign. Banners, pennants or balloons may not be used as a permanent sign.

Reader Board Signs provided the sign on which message copy is changed manually through the utilization of attachable letters, numbers, symbols and other similar characters or changeable pictorial panels provided that the message or information is presented in such a manner as not to flash. Such signs shall be included in the allotted 125 square feet.

Changeable Copy Signs, Scrolling marquees, time and temperature and like signs are allowed as a special exception provided that the message or information is presented in such a manner as to deliver the message and not to “get attention”. The words or symbols may scroll or alternate but not in such a manner as to flash. Such signs shall be included in the allotted 125 square feet.

2) Entrance, Exit and Parking Signs. "Entrance", "Exit", or "Parking" signs with a maximum size of six (6) square feet per side per sign, shall be permitted under this Ordinance. All such signs shall be limited to the wording "entrance", "exit", or "parking". Only one sign shall be allowed for each exit or entrance. Entrance, Exit and Parking signs may include the business name but may not exceed a maximum size of six (6) square feet.

3) Residential developments (subdivisions, planned unit developments, mobile home

parks) and all permitted non residential uses located in residential districts shall be allowed one attached sign not to exceed 12 square feet in area and one free-standing sign per street frontage not to exceed 32 square feet in area and eight feet in height. A freestanding sign shall have a setback of no less than 10 feet from the street right-of-way or 15 feet from the traveled portion of a street where the right-of-way does not exist or cannot be determined. Such signs may be illuminated.

4)Unified Business Development Signs. In addition to the other regulations of this Ordinance, the following regulations shall apply on property which is developed as a unified or group business development.

a) Individual stores or business establishments within a Unified Business Development are limited to signs having a maximum square footage of 36 square feet and a minimum of sixteen (16) square feet attached to some structural portion of the unified business development in addition to the surface area of its principal use identification signs.

b) In addition to signs permitted for individual stores or business establishments within a Unified Business Development, there shall be no more than one general unattached sign [free-standing detached] not to exceed 150 sq. ft. "General Requirements", shall apply.

5) Portable Signs: Permit not to exceed 30 days for new operating businesses while awaiting the installation of a permanent free standing principal use identification sign or if the principal use identification sign has been destroyed by storm, accident, or other causes. Documentation of a new sign order is required.

6) Banners and temporary signs are allowed only by city permit, and are not to exceed twenty-four (24) square feet. No more than six (6) permits with a duration of seven (7) days each shall be issued for the same location for any 12 month period. Only one banner may be displayed per business, per permit issued.

7) Non-Advertising special Event Banners and Signs: Non –advertising banners and signs may be used for special events provided that the event is recognized, and the use of banners and signs is authorized by the Maggie Valley Board of Aldermen. Special Event Banners and signs shall be used no more than five days (5) prior to the event nor more than two (2) days after the event. Other event banners and signs may be allowed by permit only.

ARTICLE VI. PROHIBITED SIGNS. The following signs shall not be permitted, erected or maintained in the Town of Maggie Valley:

A. Outdoor advertising devices such as inflatable signs

B. Signs which incorporate or emit any sounds which are intended to attract attention.

C. No flashing lights or flashing signs or portable signs shall be erected after the effective date of this ordinance. All flashing lights or flashing signs or portable signs in existence before the effective date shall be considered non-conforming uses and shall be brought into compliance within six months after the effective date of this ordinance.

D. Any sign or sign structure which:

1) Was not erected in conformity of the building codes of the Town of Maggie Valley; or

2) Creates in any way an unsafe distraction for motor vehicle operators; or

3) Obstructs the view of motor vehicle operators entering a public roadway from the parking area, serving drive, private driveway, alley or other thoroughfare.

4) Any sign which obstructs free ingress to or egress from a required door, window, fire escape, or other required exit way.

5) "A-Frame" or sandwich board signs which are placed on or near sidewalks or roadside curbs. This category shall be interpreted to include A-Frame signs which indicate prices of commodities or services, or specific products or services offered on the site.

6) Any non-governmental sign, whether temporary or permanent, within any public street or highway right-of-way.

ARTICLE VII. NON-CONFORMING SIGNS

1) All signs described in section VI. of this Ordinance shall be removed in six (6) months.

2) Any time that ownership of a non-conforming sign is changed, such non-conforming sign shall be brought into compliance.

3) No changes shall be allowed as to the shape or size of the total sign structure of any non-conforming sign. Changes in coloring, lettering, or information conveyed shall be permitted.

4). Non conforming signs other than those described in Section VI of this Ordinance shall be considered non-conforming uses. Non-conforming uses shall be brought into compliance within a period of five (5) years from the date the sign becomes non-conforming. Nothing herein shall prohibit the removal and replacement of seasonal signs exactly in the same condition on a seasonal basis provided that the required sign permit has been issued and in all other ways is in conformance with the ordinance.

ARTICLE VIII. OFF-PREMISE SIGNS. Off-premise signs are prohibited in the jurisdiction of the Town of Maggie Valley; however, any business within the corporate limits of the Town of Maggie Valley, that does not front US-19, shall be permitted one free standing principal use identification sign that may be located off premise along with one free-standing on-premise principal use sign that combined do not to exceed 125 square feet and in all other ways shall comply with the North Carolina Department of Transportation off-premises sign requirements. All new signs must be permitted through the Department of Transportation, if applicable, Town of Maggie Valley, and the property owner on which the sign is placed.

ARTICLE IX. GENERAL REQUIREMENTS. The following signs are regulated and require a permit.

A. Maximum Sign Area and Number of Signs:

1) Calculation of Sign Area. The surface area of a sign shall be computed as including the entire area within that of the smallest rectangle, triangle, or circle (smallest rectilinear figure of not more than eight straight lines.) which encompasses all of the display area of the sign and including all of the elements of the matter displayed such as lettering, design, symbols and background. Frames and structure members not bearing advertising matter shall not be included in computation of surface area.

Any such measurements shall be taken on only one (1) face of the sign; however, informational advertising matter may be displayed on both sides of any permitted sign. All double face sign surface areas shall be parallel and may be separated by not more than twelve inches (12”). When a sign consists of letters placed directly on a wall, building surface, awning or marquee, or against open air (as when raised above a marquee), there being no background to the letters save the wall or surface itself, the area of the sign shall be that of the smallest rectangle, triangle or circle (rectilinear figure of not more than eight straight lines) within which all of the lettering can be included.

B. Sign Location. No sign shall be erected, constructed or maintained so as to interfere with vision clearance along any public street or public road, or at any intersection or junction or two or more traffic arteries.

1) Setbacks. Except as specifically authorized herein, all pole (free-standing detached) signs or signs detached from a building shall be placed no less than eight (8) feet from the street curbline. No signs of any nature shall be permitted on any public right-of-way except those erected for orderly traffic control, and other municipal and governmental purposes, or directional signs of six (6) square feet or less and referring only to organizations which are non-profit in character, or to construction projects in progress.

2) Unattached (free-standing detached) Signs. No unattached (free-standing detached)signs shall exceed a height of twenty (20) feet as measured from the curbline on the nearest roadway. All unattached signs having a setback of less than 12 feet from the curbline shall have a minimum ground clearance of six (6) feet (except entrance and exit signs); however, a solid base shall be allowed to a height of 2 feet above the curbline.

3) Entrance Signs. Entrance signs shall not exceed a maximum height of three (3) feet as measured from the curb grade at the nearest roadway.

4) Signs Attached to Buildings. No sign shall be allowed to extend over any public walkway or sidewalk. No sign shall be allowed to extend above the roofline of the building.

5). Any sign (together with its supporting structure) now or hereafter existing which, thirty (30) days or more after the premises have been vacated, advertises an activity, business, product or service no longer produced or conducted upon the premises upon which such sign is located. Said sign shall have the lettering removed, painted over or covered by an non-lettered wrap whose sole purpose is to cover and obscure any sign or sign message or content. The sign owner is responsible for maintenance of any wrap. This provision shall not apply to permanent signs accessory to businesses which are open only on a seasonal basis.

6) Construction: All signs, permanent, temporary and portable shall be designed and constructed with a professional appearance using substrates, lettering and graphics standard and commonly used in the sign industry.

ARTICLE X. MAINTENANCE. All signs, together with any supports, braces, guys and anchors shall be kept in repair and in a safe place of preservation. Deteriorating or dilapidated signs shall be removed by owner or by the Town at a cost of the sign owner

after ninety (90) days notice. A sign shall be in a state of disrepair when more than twenty percent (20%) of its total surface area is covered with disfigured, cracked, ripped or peeling paint or poster paper, or any combination of these conditions. Any sign in a state of disrepair shall be considered in violation of this ordinance. No sign shall be allowed to stand with bent or broken sign facing, broken supports, loose appendages or struts which cause the sign to stand more than 15 degrees from the perpendicular. No sign or sign structure shall be allowed to have weeds, vines or other vegetation growing on it and obscuring it from the street or highway from which it is intended to be viewed.

ARTICLE XI. FEE FOR SIGN PERMIT. All persons, firms or corporations applying for a new sign permit shall pay a minimum fee as determined by the Board of Aldermen to the Town of Maggie Valley. A sketch drawn to scale with the dimensions of the sign shall be submitted with the fee, along with written permission of the property owner as to the proposed sign.

ARTICLE XII. SEVERABILITY. Should any section or provision of this Ordinance be declared by the Courts to be unconstitutional or invalid, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so

declared unconstitutional or invalid.

ARTICLE XIII. NON-COMMERCIAL MESSAGES

Notwithstanding any other provisions of this ordinance, any sign, display or device allowed under this ordinance may contain, in lieu of any other copy, any otherwise lawful non-commercial message that does not direct attention to a business operated for profit, or to a commodity or service for sale, and that complies with size, lighting, height and other requirements of the district in which it is located.

ARTICLE XIV. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after September 18, 2001

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Ralph Wallace, Mayor

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Vickie Best, Town Clerk