(A) Permitted use.
(1) The LR Low Residential District permits the use of a plot of land for 2-family dwelling use only under the following conditions:
(a) An attached duplex dwelling; or
(b) A detached guest house or maids quarters, not to exceed 1,250 square feet in size and provided that the minimum lot size is increased 50%.
(2) All dwelling units shall be under 1 single ownership.
(3) No division of the property less than the minimum lot size is allowable.
(B) Residential. Residential single-and 2-family dwellings as specified in division (A)(1) above, including modular housing and Class A Manufactured Homes.
(C) Accessory. Accessory uses and structures.
(D) Agricultural. Agricultural uses including the sale of agricultural products.
(E) Conditional uses. The following uses are permitted as conditional uses subject to a review by the Planning Board and approval by the Village Council that all applicable provisions of this chapter have been met:
(1) Bed and breakfast/inn/tourist home;
(2) Boarding house, lodging house, or rooming house;
(3) Use of a dwelling unit for vacation rental purposes;
(4) Class B manufactured homes;
(5) Houses of worship; and
(6) Short-term rental property (see division (E)(2) and (E)(3) named above).
(a) Conditional use permits require review and recommendation to the Village Council by the Village Planning Board for consideration.
(b) A public hearing in accordance with all legal requirements for advertisement as apply is required by the Planning Board prior to making their recommendation to the Village Council, and a public hearing and in accordance with all legal requirements for advertisement as apply is also required by the Village Council prior to making their decision on the issuance of any conditional use permit.
(c) Any conditional use permit issued for a short-term rental property that has been approved and issued less than 36 months (3 years) since last approved, may be administratively reviewed and reissued to a new owner who may continue to operate provided that the follow items remain in effect:
1. There is no change in the building or structural footprint and no significant structural renovations to occur that would affect setbacks or any village ordinances;
2. a. Must provide a letter or documentation showing that water and sewer services (or septic and well) are still operating properly;
b. Septic system may be required to be pumped.
3. a. Adequate parking is provided based on the number of potential guests;
b. Typically this would be 1 parking space per each separately rented bedroom (one parking space per 4 potential guests).
4. There are no documented adverse issues involving the property as a rental, nor any significant issues affecting the structural integrity and safety of the property.
5. The Zoning Administrator, Planning Board or Village Council may ask for additional information from time to time as it may affect their ability to make their decisions regarding the issuance of any short-term rental permit.
(d) Any property being used as a short-term rental that changes ownership after 3 years (36 months) from the most recent issuance of a conditional use permit for short-term rentals by the Chimney Rock Village Council will be required to reapply for a conditional use permit at time of ownership transfer.
1. The new owner may continue to operate the short-term rental for up to 90 days after taking ownership of property to reapply and secure an approved and newly issued conditional use permit for short-term rental operations at that property.
2. Should the new owner(s) not secure a conditional use permit for short-term rental within this time period, all such operations must immediately cease and cannot be resumed until such application has been completed and reviewed by the Village Zoning Administrator and the Planning Board and approved by the Village Council.
(F) Minimum yard requirements.
(1) Lots and public records. All lots placed of record in the public records of Rutherford County prior to the effective date of this chapter shall have minimum setbacks as shown below:
(a) Lots less than 3/4 acre in size:
1. Front: 10 feet;
2. Side: 7-1/2 feet;
3. Rear: 10 feet; and
4. Corner: 15 feet.
(b) Lots 3/4 acre and larger in size:
1. Front: 15 feet;
2. Side: 10 feet;
3. Rear: 15 feet; and
4. Corner: 20 feet.
(2) Placed of record. Property shall be considered placed of record prior to the effective date of this chapter if:
1. The property is identified as a specific parcel shown on a plat placed in the Rutherford County public records prior to the effective date of this chapter; or
2. The property is identified as a specific parcel in a deed recorded in the public records of Rutherford County prior to the effective date of this chapter.
(3) Lots and records. All lots placed of record in the public records of Rutherford County after the effective date of this chapter shall have minimum setbacks as shown below:
(a) Front: 20 feet;
(b) Side: 15 feet;
(c) Rear: 20 feet; and
(d) Corner: 20 feet.
(4) Placed of record. Property shall be considered placed of record after the effective date of this chapter if:
(a) The property is identified as a specific parcel shown on a plat placed in the Rutherford County public records after the effective date of this chapter; or
(b) The property is identified as a specific parcel in a deed recorded in the public records of Rutherford County after the effective date of this chapter.
(5) Administrative Variance. The Zoning Administrator may authorize minor variances to the required setbacks as set forth in this chapter, where in the Zoning Administrator's opinion, the variance is not contrary to the spirit and intent of this chapter and would prevent hardships that may occur because of unique and unusual shaped plots or because of special conditions that may not pertain to other similar plots. However, in any case, the Zoning Administrator may not grant an administrative variance greater than 20% of the required setback and may not grant an administrative variance less than 28 feet from U.S. Highway 64/74-A.
(6) Council Approved Variance. The Village Council may grant a variance greater than the administrative variance of 20% but shall not to exceed 50% of the allowable setback as is designated for this zoning district.
(a) Any setback variance request, greater than 20% shall be submitted in writing, including survey showing the proposed variance, to the Zoning Administrator. The Zoning Administrator, Planning Board and/or Village Council may request any additional documentation necessary for consideration of the application. The variance request shall be completed within 90 days of the completion of the application, including all required documentation.
(b) The application must state the hardship and how current setbacks adversely affect the current zoning use of the property.
(c) The Zoning Administrator will receive the initial application and shall make a recommendation to the Planning Board for their review and their recommendation to the Village Council. A public hearing is required prior to the Planning Board's consideration and reporting their recommendation to the Village Council.
(d) The Village Council shall consider the recommendations of the Zoning Administrator and Planning Board and will conduct a public hearing prior to their consideration of the variance request. The Village Council shall have the final approval authority for granting any variance to zoning setbacks that exceed 20% but shall not be a variance greater than 50% of this zoning district's applicable setbacks.
(7) Setback measurements. Setback measurements from property lines that extend into the Rocky Broad River, or into Lake Lure, or other body of water, shall be measured from the waters normal edge. In any case, the minimum setback shall be no less than 20 feet.
(G) Property located in the LR Low Residential District that has been placed of record prior to October 15, 2002 shall have a minimum lot area as determined by the Rutherford County Health Department. Property placed of record after the effective date of this section may not be further re-subdivided in parcels less than minimum lot area required in division (H) below.
(H) Property located in the LR Low Residential District placed of record after May 16, 2006 shall have a minimum lot area as per the following table, unless additional land area is required as determined by the Rutherford County Health Department.
(1) Slope not exceeding 9.9%. Property located adjacent to an existing or designed roadway with a slope not exceeding 9.9%: 43,560 square feet-1 acre.
(2) Slope of 10% to 18%. Property located adjacent to an existing or designed roadway with a slope of 10% to 18%: 87,120 feet-2 acres.
(3) Property affected. This section shall affect all property that has not received preliminary plat approval from the Chimney Rock Village Planning Board as of May 16, 2006.
(I) (1) Lots located in the LR Low Residential District placed of record after November 16, 2004 that are adjacent to the Rocky Broad River, shall have a minimum lot width of 100 feet along the river's edge. All lots shall have a minimum lot width of 50 feet abutting a street, except lots abutting cul-de-sacs or turnarounds may have a lesser width as may be necessary.
(2) Lots located in the LR Low Residential District placed of record after May 16, 2006 that are adjacent to the Rocky Broad River shall have a minimum lot width of 125 feet along the river's edge. All lots shall have a minimum lot width of 75 feet abutting a street, except lots abutting cul-de-sacs or turnarounds may have a lesser width as may be necessary.
(J) Property located in the LR Low Residential District placed of record after November 16, 2004 shall have maximum lot coverage for all primary and accessory structures of 25%.
(K) (1) Lot area. For the purpose of this section, any roadway dedications, roadway easements, driveway easements, or water areas are not considered when calculating minimum lot area.
(2) Placed of record. Property shall be considered placed of record prior to the date shown in this section or the effective date of this section as noted if:
(a) The property is identified as a specific parcel shown on a plat placed in the Rutherford County Public Records prior to the date shown in this section or the effective date of this section, as noted; or
(b) The property is identified as a specific parcel in a deed recorded in the public records of Rutherford County prior to the date shown in this section or the effective date of this section, as noted.
(2002 Code, Art. IV, § 92.00.17) (Ord. passed 10-19-1999; Am. Ord. passed 10-15-2002; Am. Ord. passed 9-21-2004; Am. Ord. passed 11-16-2004; Am. Ord. passed 5-16-2006; Am. Ord. passed 7-18-2006; Am. Ord. passed 5-17-2022; Am. Ord. passed 8-15-2023)