OF THE
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;
(c) All
roof structures shall provide an eave projection of no less than six inches,
which may include a gutter;
(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