(A) General. It is the intent of this subchapter that if any use or class of use is not specifically permitted in a district as set forth in the sections below, it shall be prohibited in that district unless similar uses are described in the ordinance. Should an applicant petition the town for approval of a use not covered specifically in this chapter, the application may be considered as a conditional use. Factors to be considered to determine if the use is in harmony with the keeping of the public health, safety and welfare of the citizens of the town are the impacts of anticipated amounts of traffic, noise, light, density, vibration, odor and the bearing these may have on adjoining neighbors and the community. The Town Council specifically finds that industrial uses of property, such as manufacturing and other heavy industry, are incompatible with the quiet and peaceful mountain resort and retirement community enjoyed by the citizens. The Town Council further finds that high impact uses of property, including, but not limited to, racetracks, shooting ranges and other noise emitting activities, are incompatible with the quiet and peaceful community expected and enjoyed by the citizens of the town.
(B) R-1, Low-Density Residential District. The R-1 Low-Density Residential District is established as a district in which the principal use of land is for single-family dwellings on large parcels of land. It is the intention of these regulations to provide for limited residential development in areas where police and fire protection, protection against flooding by storm water and dangers from excessive erosion are not possible without excessive costs to the community. It is also the intent to maintain and preserve a tranquil residential community with the flexibility to accommodate conditional uses compatible with residential use.
(C) R-1-U, Single-Family Residential District. The R-1-U District is established for developments where the existing pattern of development has been established by a subdivision intended and used principally for single-family dwellings on traditional lots. The more defined urban pattern offers limited use for optional non-residential development and provides justification for a more restrictive residential zone.
(D) R-2, General Residential District. The R-2 General Residential District is established as a district in which the principal use of land is for residential purposes.
(E) C-1, Central Business District. In order to protect and improve the main shopping area in the town and to discourage uses which do not require a central location which are not compatible with the function of the area as the primary shopping and office area, a Central Business District is hereby established.
(F) C-2, General Business District. The purpose of this district is to provide for general and commercial activity along major thoroughfares and at other convenient points in the area. Regulations are designed to preserve the traffic carrying capacity of the streets and to provide for off-street parking. It is not the intent of this district to encourage extensive strip commercial development, rather to provide concentrations of general commercial activities.
(G) M-E, Medical Educational District. The district is established to provide for the specific circumstances and needs of the medical and educational institutions within the town’s jurisdiction. The uses permitted within this district shall be limited to those of a medical and educational nature, and closely related uses supportive of medical and educational institutions.
(H) C-1P, Central Business District with Parking. The Central Business District with Parking is created to provide an expanded central commercial area that will maintain the character of the existing C-1 District, but will require that all uses in the district conform to the off-street parking requirements of this chapter.
(I) RC, Resort Commercial District. The Resort Commercial District is established to provide specific areas within the town jurisdiction where specific and limited resort activities can be developed in a more rural setting. The district will have conditions and standards for uses in the district that will provide protection for any adjacent residential areas while providing a more rural, rustic setting for resort commercial activities.
(J) M-1, Industrial District. This district is established to provide areas for manufacturing, warehousing and similar uses.
(K) G-O, Governmental-Office District. The Governmental-Office District includes property owned by governmental entities, such as, but not limited to, the town and county and their respective subdivisions. It includes the Town Maintenance Facility; the Tate-Evans Park; the Banner Elk Daycare Facility; the Wastewater Treatment Plant; Town Hall; the Police Department; the Banner Elk Volunteer Fire Department; professional offices; and any other such properties which may heretofore be designated for similar uses.
(L) Heritage District Overlay. (Boundary descriptions established on 2-7-2005.) The purpose of the Heritage District Overlay is to protect, preserve and encourage the architectural, cultural, village atmosphere and historical significance of the downtown core of the town. Its boundaries shall be defined as established on the official zoning map of the town. As an overlay district, the permitted and special uses, as well as dimensional requirements, shall conform to those of the underlying, except where additional requirements are noted herein.
(M) Mixed Use District. This district is designed to encourage integration of mixed land uses (residential and commercial) to promote high density, low impact development of communities with alternatives modes of transportation, such as walking and biking. The commercial and residential uses should compliment each other. The district is intended to promote nodal development as opposed to strip development and can be located away from main thoroughfares, if the Town Council agrees that the location is consistent with the vision for the town.
(N) CUD, Conditional Use District. This district is designed to allow a zoning district with no permitted uses at all; all development is subject to acquiring a special use permit. This can only be established at the property owner’s request. The legislative rezoning to apply the CUD is generally done concurrently with the quasi-judicial issuance of a SUP by the Board of Adjustment.
(O) Civic Zoning District. The Civic Zoning District is established to enable property owned by governmental entities, including the town, to operate in a way that is beneficial to the residents of the town and protects the historical integrity of the property while supporting the maintenance of the property. This district is to focus on permissible uses that are compatible with the community with some that are within the broad definition of “civic use”. This district encourages the consolidation of civic and other public and institutional uses into a single centralized area convenient to town employees, residents and visitors. Educational, cultural, museum and fine arts and low impact business uses are predominate.
(Ord. passed 3-14-2005; Ord. passed 7-13-2009; Ord. passed 9-14-2015; Ord. passed 10-10-2016; Ord. passed 12-12-2016; Ord. passed 3-14-2019, § 307)