Except as specifically defined herein, all words used in this chapter have their customary dictionary definitions. For the purpose of this chapter, certain words or terms used herein are defined as follows:
ACCESSORY BUILDING. See BUILDING, ACCESSORY.
ACCESSORY USE. A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
ADMINISTRATOR, ZONING. See ZONING ADMINISTRATOR.
AGRICULTURAL USE. The use of waters for stock watering, irrigation, and other farm purposes.*
ALLEY. A public way which affords only a secondary means of access to abutting property and not intended for general traffic circulation.
AMUSEMENT, COMMERCIAL INDOOR. A principal or accessory use where land or premises are designed to be offered to the general public, for a fee or other consideration, where the entire amusement activity takes place inside of an enclosed building, including, but not limited to arcades, billiard rooms, bowling alleys, ax-throwing, and other games or activities where the primary purpose is amusement and/or the activity requires minimal physical exertion or is generally not physically demanding. This definition does not include adult games, adult establishments, or sexually oriented businesses whether or not they are defined elsewhere in this chapter.
AMUSEMENT, COMMERCIAL MOTORIZED OR MECHANIZED. A principal or accessory use where land or premises are designed to be offered to the general public, for a fee or other consideration, where the amusement activity takes place inside or outside of an enclosed building, including, but not limited to carnival rides, go-cart tracks, radio-controlled cars/boats/drones, paintball, coaster rides, and other games or activities, where the primary purpose is amusement and the amusement activity involves motorized or mechanized equipment which may produce intrusive noise offsite. This definition does not include adult games, adult establishments, or sexually oriented businesses whether or not they are defined elsewhere in this chapter.
AMUSEMENT, COMMERCIAL OUTDOOR. A principal or accessory use where land or premises are designed to be offered to the general public, for a fee or other consideration, where any portion of the amusement activity takes place outside of an enclosed building, including, but not limited to miniature golf courses, par-3 golf courses, driving ranges not associated with a golf course, gem mining, batting cages, splash pads, and other games or activities where the primary purpose is amusement and/or the activity requires minimal physical exertion or is generally not physically demanding. This definition does not include adult games, adult establishments, or sexually oriented businesses whether or not they are defined elsewhere in this chapter.
ANIMAL UNIT. A unit of measurement developed by the U.S. Environmental Protection Agency that is used to compare different types of animal operations. *
AVERAGE LOT WIDTH. The arithmetic mean of the distance between the side lot lines measured at the front and rear setback lines.
BEST MANAGEMENT PRACTICES (BMP). A structural or nonstructural management-based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters to achieve water quality protection and goals. *
BUFFER (WATERSHED). An area of natural or planted vegetation through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The buffer is measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams or rivers. *
BUFFER AREA. A buffer area is an area of natural or planted vegetation consisting of evergreen trees or shrubs or an area of such vegetation in combination with fences, walls, berms, or other topographical or hardscape features intended to provide a visual and/or noise buffer between incompatible land uses. Such buffer area shall be located between the incompatible land uses and be not less than four feet in width and not less than six feet in height at planting, unless otherwise specified.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy. For the purposes of Chapter 154, the connection of two buildings by means of an open porch, breezeway, passageway, carport or other such open structure, with or without a roof, shall not be deemed to make them one building.
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.
BUILDING HEIGHT. The distance measured from the highest point of the original natural grade of the land on which the building sits to the highest point of the structure (see § 154.140).
BUILDING, PRINCIPAL. A building used for the same purpose as the principal use of the lot.
BUILDING, SETBACK LINE. A line delineating the minimum allowable 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.
BUILT-UPON AREA. Built-upon areas shall include that portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel roads, recreation facilities (e.g. tennis courts), etc. (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious.) *
CLUSTER DEVELOPMENT. The grouping of buildings to conserve land resources and provide for innovation in the design of the project. This term includes non-residential development as well as single-family residential subdivisions and multi-family developments that do not involve the subdivision of land. *
COMPOSTING FACILITY. A facility in which only stumps, limbs, leaves, grass and untreated wood collected from land clearing or landscaping operations is deposited. *
CONDITIONAL ZONING. A legislative zoning map amendment with site-specific conditions incorporated into the zoning map amendment.
CONDOMINIUM APARTMENT. A part of a building consisting of a room or rooms intended, designed or used as a residence by an individual or a single family.
CRITICAL AREA. The area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed The critical area is defined as extending one-half mile from the normal pool elevation of the reservoir in which the intake is located or to the ridge line of the watershed (whichever comes first). Local governments may extend the critical area as needed. Major landmarks such as highways or property lines may be used to delineate the outer boundary of the critical area if these landmarks are immediately adjacent to the appropriate outer boundary of one-half mile. *
CUSTOMARY HOME OCCUPATIONS. 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. Provided further that no mechanical equipment is installed or used except as is normally used for domestic or professional purposes, and that not over 25% of the total floor space of any structure is used for the occupation. No home occupation shall be conducted in any accessory building, except for the storage and service of a vehicle that is driven off site, such as a service repair truck, delivery truck, etc. *
DENSITY. The number of dwelling units per acre of land developed or used for residential purposes. Unless otherwise clearly stated, density requirements are expressed in dwelling units per acre; that is, per acre of land devoted to residential use exclusive of land utilized for streets, alleys, parks, playgrounds, or other public uses. See also GROSS RESIDENTIAL DENSITY.
DEVELOPMENT. Any of the following:
(1) The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure;
(2) The excavation, grading, filling, clearing, or alteration of land;
(3) The subdivision of land as defined in G.S. § 160D-802;
(4) The initiation or substantial change in the use of land or the intensity of use of land; or
(5) Any land disturbing activity which adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil. *
DISCHARGING LANDFILL. A landfill which discharges treated leachate and which requires a National Pollution Discharge Elimination System (NPDES) permit. 2
DWELLING, MULTI-FAMILY. A building, or portion thereof, used or designed as a residence for two or more families living independently of each other.
DWELLING, SINGLE-FAMILY. A building arranged or designed to be occupied by one family.
DWELLING UNIT. A building, or portion thereof, providing complete and permanent living facilities for one family.
EASEMENT. A grant by a property owner of an area over, through, under, or across real property for a specified purpose and use by the public, a corporation or persons.
ENTERTAINMENT, COMMERCIAL INDOOR. A principal or accessory use where land or premises are designed to be offered to the general public, for a fee or other consideration, where the entire entertainment activity takes place inside of an enclosed building, including, but not limited to theaters, music venues, playhouses, and other forms of entertainment, where the primary purpose is entertainment and/or the patron is generally a spectator to a performance. This definition does not include adult establishments or sexually oriented businesses whether or not they are defined elsewhere in this chapter.
ENTERTAINMENT, COMMERCIAL LARGE-SCALE. A principal use where land or premises are designed to be offered to the general public, for a fee or other consideration, where the entertainment activity takes place inside or outside of an enclosed building and where the entertainment activity occupies one acre or more of land or has an intended capacity of more than 100 patrons, including, but not limited to theaters, music venues, playhouses, arenas and other forms of entertainment, where the primary purpose is entertainment and/or the patron is generally a spectator to a performance. This definition does not include adult establishments or sexually oriented businesses whether or not they are defined elsewhere in this chapter.
ENTERTAINMENT, COMMERCIAL OUTDOOR. A principal or accessory use where land or premises are designed to be offered to the general public, for a fee or other consideration, where any portion of the entertainment activity takes place outside of an enclosed building, including, but not limited to open-air or outdoor theaters, music venues, amphitheaters, and other forms of entertainment, where the primary purpose is entertainment and/or the patron is generally a spectator to a performance. This definition does not include adult establishments or sexually oriented businesses whether or not they are defined elsewhere in this chapter.
EXISTING DEVELOPMENT. Those projects that are built or those projects that at a minimum have established a vested right under North Carolina zoning law as of the date of adoption of these amendments based on at least one of the following criteria: *
(1) Substantial expenditures of resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the project, or *
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(2) Having an outstanding valid building permit as authorized by the General Statutes (G.S. § 160D-108), or
(3) Having an approved site specific or phased development plan as authorized by the General Statutes (G.S. § 160D-108).
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EXISTING LOT (LOT OF RECORD). A lot which is part of a subdivision, a plat of which has been recorded in the Office of the Register of Deeds prior to the adoption of these amendments, or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of these amendments. *
FAMILY. One or more persons occupying a single dwelling unit, provided that unless all members are related by blood or marriage, no such family shall contain over five persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a family or families.
FLOOR AREA, GROSS. The floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, closets, the thickness of interior walls, columns or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no openings or interior courts.
FLOOR AREA, NET. The actual occupied area not including unoccupied accessory areas such as corridors, stairways, toilet rooms, mechanical rooms and closets.
GROSS RESIDENTIAL DENSITY. The number of dwelling units proposed to be built divided by the area in acres of the tract being developed.
GROUP CARE FACILITY, TYPE I. An establishment qualified for a license by the State of North Carolina which provides resident services to not more than six individuals, of whom one or more are unrelated. The individuals are handicapped, aged or disabled, are undergoing extended care, and are provided services to meet their needs.
GROUP CARE FACILITY, TYPE II. An establishment that provides services to individuals who present a threat to the persons or property of others. Individuals are determined to present a threat to the persons or property of others if they have inflicted or attempted to inflict or threatened to inflict serious bodily harm on another, or have acted in such a way as to create a substantial risk of serious bodily harm on another, or have acted in such a way as to create a substantial risk of serious bodily harm to another, or have engaged in extreme destruction of property; and that there is a reasonable probability that this conduct will be repeated. Previous episodes of dangerousness may be considered when determining reasonable probability of future dangerous conduct. Clear, cogent, and convincing evidence that an individual has committed a homicide or a sex offense in the relevant past is considered prima facie evidence of dangerousness to others.
HAZARDOUS MATERIAL. Any substance listed as such in: § 302 of the Superfund Amendment and Reauthorization Act (SARA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), being §§ 9601 et seq.; or § 311 of the Clean Water Act (CWA) being 33 U.S.C. § 1321. *
INDIVIDUAL SEWER SYSTEM. Any septic tank, ground absorption system, privy or other facility serving a single source or connection and approved by the County Sanitarian.
INDIVIDUAL WATER SYSTEM. Any well, spring, stream or other source used to supply a single connection.
INDUSTRIAL DEVELOPMENT. Any non-residential development that requires an NPDES permit for an industrial discharge and/or requires the use or storage of any hazardous material for the purpose of manufacturing, assembling, finishing, cleaning or developing any product or commodity. *
JUNK. Old or scrapped copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, dismantled or wrecked vehicles (or parts thereof), iron, steel, and other old scrap ferrous or non-ferrous material.
JUNKYARD. An establishment which is maintained, operated or used for storing, keeping, buying or selling junk regardless of the length of time that junk is stored or kept, or for maintenance or operation of an automobile graveyard, but shall not include garbage dumps on county-operated sanitary landfills.
LANDFILL. A facility for the disposal of solid waste on land in a sanitary manner in accordance with G.S. Ch. 130A, Art. 9. For the purposes of this chapter, this term does not include composting facilities. *
LOT (TRACT). 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.
LOT DEPTH. The mean horizontal distance between front and rear lot lines.
LOT OF RECORD. Any lot within the Town of Beech Mountain for which a plat has been recorded in the Register of Deeds Office of Watauga or Avery County, or described by metes and bounds, the description of which has been so recorded.
LOT WIDTH. The distance between side lot lines measured at the front setback line.
MAJOR VARIANCE. See VARIANCE, MAJOR.
MANUFACTURING/PROCESSING, HEAVY. The manufacturing, processing, creating, repairing, renovating, painting, cleaning, or assembling of goods, merchandise or equipment at a facility at which the majority of dollar volume of business is not done through walk-in trade. In MANUFACTURING/PROCESSING, HEAVY establishments the objects created, repaired, cleaned, or assembled are often intended for transportation and sale or use at another facility.
MANUFACTURING/PROCESSING, LIGHT. The manufacturing, processing, creating, repairing, renovating, painting, cleaning, or assembling of goods, merchandise or equipment at a facility at which the majority of dollar volume of business is done through walk-in trade. Without limiting the generality of this definition, specifically included are woodworking shops, pottery shops, and the like in which the majority of the items created, repaired, cleaned, or assembled are sold on site. Woodworking, pottery, arts and crafts, and the like executed in private residences for other than commercial purposes are not included in this definition.
MINOR VARIANCE. See VARIANCE, MINOR.
MIXED USE RESIDENTIAL/ COMMERCIAL. A type of use in which a single structure is used for both residential and commercial purposes. To qualify as MIXED USE RESIDENTIAL/ COMMERCIAL for the purposes of this chapter, a building must be structured such that residential uses are clearly separated from commercial uses, and residential and commercial uses are located in different portions of a building. Furthermore, residential usages may not occupy more than 50% of a structure. The commercial usage must be of a type that would otherwise be permitted in the district concerned. The residential usage may be either individually owned condominiums, rental apartments, or owner-occupied suites.
MOBILE HOME. A manufactured building designed to be used as a single-family dwelling unit which has been constructed and labeled indicating compliance with the HUD administered National Manufactured Housing Construction and Safety Standards Act of 1974.
MOBILE HOME PARK. Any premises where two 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 two or more mobile homes for living and sleeping purposes, and which include any buildings, structures, vehicles or enclosures used or intended for use as part of such mobile home park.
MOBILE PUBLIC SAFETY FACILITY. A principal or accessory use, which may be housed in a modular, mobile, or other structure, that allows for the rapid deployment and relocation of personnel and resources, as demand for service needs change. The mobile public safety facility may provide offices, equipment, and/or sleeping and living quarters for Emergency Medical Service (EMS), Fire, or Police personnel overnight and on a continual basis.
MODULAR BUILDING. A manufactured building constructed in accordance with the North Carolina State Building Code.
NONCONFORMING USE. Any parcel of land, use of land, building or structure existing at the time of adoption of this chapter, or any amendment thereto, that does not conform to the use or dimensional requirements of the district in which it is located.
NON-RESIDENTIAL DEVELOPMENT. All development other than residential development, agriculture and silviculture. *
PARKING SPACE. An area for parking a vehicle plus the necessary access space. Parking space(s) shall be provided with vehicular access to a street or alley, and shall always be located outside the dedicated street right-of-way.
PARKS. The term PARK shall include those areas developed either for passive or active recreational activities. The development may include, but shall not be limited to, walkways, benches, open fields, multi-use courts, swimming and wading pools, amphitheaters, etc. The term PARK shall not include zoos; travel-trailer parks; amusement parks; or vehicle, equestrian or dog racing facilities.
PLANNED UNIT DEVELOPMENT. Any development where more than one principal building or use is proposed to be constructed on a single tract, or any building with a gross floor area of 25,000 square feet or more, 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, condominiums, and other type residential units excluding mobile homes and mobile home parks.
PLAT. A map or plan of a parcel of land which is to be, or has been, subdivided. *
PORTABLE STORAGE CONTAINERS. Any structure that is not permanently affixed to the ground and is intended to be used for the storage of furniture, equipment, or other items. This definition is intended to include commercially available containers such as “PODS,” railroad-style metal shipping containers or tractor trailers.
PRINCIPAL USE. The principal use on a lot.
PUBLIC SEWER SYSTEM. Shall mean any sewer system owned and operated by the Town of Beech Mountain.
PUBLIC WATER SYSTEM. Shall mean any water system owned and operated by the Town of Beech Mountain.
RECREATION, COMMERCIAL INDOOR ACTIVE. A principal or accessory use where land or premises are designed to be offered to the general public, for a fee or other consideration, where the entire recreational activity takes place inside of an enclosed building, including, but not limited to gymnasiums, indoor courts, skating rinks, swimming pools, fitness centers, and similar activities, where the primary purpose is active recreation, exercise, or fitness and/or the activity requires moderate to substantial physical exertion.
RECREATION, COMMERCIAL OUTDOOR ACTIVE. A principal or accessory use where land or premises are designed to be offered to the general public, for a fee or other consideration, where any portion of the recreational activity takes place outside of an enclosed building, including, but not limited
to golf courses, tennis/pickleball courts, basketball courts, skateboard parks, driving ranges associated with a golf course, ropes courses, climbing walls and similar activities, where the primary purpose is active recreation, exercise, or fitness and/or the activity requires moderate to substantial physical exertion.
RECREATION USE, NON-PROFIT. An indoor or outdoor recreation facility operated on a non-profit basis, according to the laws of North Carolina.
RESIDENTIAL DEVELOPMENT. Buildings for residence such as attached and detached single-family dwellings, apartment complexes, condominiums, townhouses, cottages, etc., and their associated outbuildings such as garages, storage buildings, gazebos, etc, and customary home occupations. *
RESIDENTIAL VACATION RENTALS. The rental of any single-family dwelling, duplex, or unit in a multi-family dwelling, or any portion thereof, for occupancy, dwelling, lodging or sleeping purposes for any period of time less than 90 days. The term does not include other transient lodging such as hotels and motels, lodges, and bed and breakfast establishments, which are otherwise authorized under these regulations and which have been duly permitted or which are legal nonconforming uses.
RETAIL BUSINESS. Establishments selling commodities and/or providing services directly to the consumer.
SINGLE-FAMILY RESIDENTIAL. Any development where: (a) no building contains more than one dwelling unit, (b) every dwelling unit is on a separate lot, and (c) where no lot contains more than one dwelling unit. *
SPECIAL USE. A use which is permitted in specified zoning districts only after review by the Board of Adjustment and found to meet specific conditions and procedures as set forth in this chapter so that the safety and general welfare of the community is maintained.
SPECIAL USE PERMIT. A permit issued to authorize development or land uses in a particular zoning district upon presentation of competent, material, and substantial evidence establishing compliance with one or more general standards requiring that judgement and discretion be exercised as well as compliance with specific standards. The term includes permits previously referred to as conditional use permits or special exceptions.
STREET (ROAD). A right-of-way for vehicular traffic which affords the principal means of access to abutting properties.
STRUCTURE. Anything constructed or erected, including but not limited to buildings, which requires location on the land or attachment to something having permanent location on the land.
SUBDIVIDER. Any person, firm or corporation who subdivides or develops any land deemed to be a subdivision as herein defined. *
SUBDIVISION. All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) and shall include all division of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations authorized by this chapter: *
(1) The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of this chapter; *
(2) The division of land into parcels greater than ten acres where no street right-of-way dedication is involved; *
(3) The public acquisition by purchase of strips of land for the widening or opening of streets;*
(4) The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to, or exceed, the standards of this chapter; *
(5) The division of a tract into plots or lots used as a cemetery. *
TRACT. See LOT.
VARIANCE. A quasi-judicial decision documented pursuant to G.S. § 160D-705, by the Board of Adjustment authorizing a modification of one or more requirements of the regulations set forth in this chapter.
VARIANCE, MAJOR. A variance involving property located in a water supply watershed that results in any one or more of the following: *
(1) The complete waiver of a water supply watershed management requirement; *
(2) The relaxation, by a factor of more than 10%, of any water supply watershed management requirement that takes the form of a numerical standard. *
VARIANCE, MINOR. A variance from the minimum a relaxation, by a factor of statewide watershed protection rules that results in up to 10%, of any management requirement under the low-density option.5
WATER DEPENDENT STRUCTURE. Any structure for which the use requires access to, or proximity to, or sitting within, surface waters to fulfill its basic purpose such as boat ramps, boat houses, docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not water dependent structures. *
WATERSHED. The entire land area contributing surface drainage to a specific point (e.g., the water supply intake). *
WIND ENERGY SYSTEM - ACCESSORY. A system that converts wind energy into electrical or mechanical power. Such systems may include tower(s) and associated control or conversion electronics. These systems are located on the same tract of land as a permitted residential dwelling or commercial building and produce the majority of their power for use on-site.
WIND ENERGY SYSTEM - COMMERCIAL. A system that converts wind energy into electrical or mechanical power. Such systems may include tower(s) and associated control or conversion electronics. These systems may exist as a stand-alone use on a tract of land and produce the majority of their power for redistribution and use at locations other than the tract of land on which the system resides.
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.
YARD, FRONT. An open, unoccupied space on the same lot with a principal building, extending the full width of the lot, and situated between the street or property line and the front line of the building, projected to the side lines of the lot.
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.
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.
ZONING ADMINISTRATOR. An official of the Town of Beech Mountain charged with enforcing and administering the Zoning Ordinance.
ZONING, CONDITIONAL. See CONDITIONAL ZONING.
ZONING DISTRICT. An area in the Town of Beech Mountain in which zoning regulations are uniform.
(1989 Code, Title V, Ch. 51, Art. IV, § 401) (Ord. passed 9-8-1993; Ord. passed 12-14-1999; Ord. passed 2-9-2010; Ord. passed 5-11-2010; Ord. passed 2-8-2011; Ord. passed 8-9-2011; Ord. passed 11-15-2011; Ord. 2012-07, passed 10-9-2012; Ord. 2013-02, passed 1-8-2013; Ord. 2021-03, passed 6-8-2021; Ord. 2021-05, passed 10-12-21; Ord. 2022-06, passed 10-11-2022)
Editor's note:
1 Asterisked definitions added by amendment September 8, 1993.
2 Definition amended December 14, 1999.
3 Definition amended December 14, 1999.
4 Definition amended December 14, 1999.
5 Rewritten by amendment December 14, 1999.