(A) Commercial establishments.
(1) Grocery store, limited to 20,000 square feet;
(2) Hotel, motel, lodge, rental cabins and short-term rentals;
(3) Pharmacy, limited to 20,000 square feet;
(4) Professional offices, such as accountant, architect, engineer, insurance, surveyor;
(5) Private clubs;
(6) Outdoor recreational uses;
(7) Child care and nurseries;
(8) Public and private schools;
(9) Hardware;
(10) Travel agency;
(11) Video rental;
(12) Laundromat;
(13) Dry cleaning, pickup only;
(14) Bank/financial institution; and
(15) Martial arts, dance studio, exercise studio.
(B) Accessory uses. Accessory uses and structures.
(C) TB Tourist Business District. Any use permitted in a TB Tourist Business District.
(D) RM Medium Residential District. Any use permitted in a RM Medium Residential District.
(E) LR Low Residential District. Any use permitted in a LR Low Residential District.
(F) Interpretation. Any question concerning the interpretation of uses permitted or prohibited shall be referred to the Zoning Administrator. Any dispute of the Zoning Administrator's decision may be referred to the Planning Board a minimum of 5 days prior to a regular scheduled meeting for interpretation. The decision of the Planning Board thereon shall be final.
(G) Conditional uses. The following uses are permitted as conditional uses subject to a finding by the Board of Adjustment that all applicable provisions of this section have been met:
(1) Any use permitted in a CF Community Facility District; and
(2) Agricultural products.
(H) Minimum yard requirements:
(1) Front: 35 feet;
(2) Side: 25 feet;
(3) Rear: 25 feet; and
(4) Corner: 25 feet.
(I) 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.
(J) 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.
(1) 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.
(2) The application must state the hardship and how current setbacks adversely affect the current zoning use of the property.
(3) 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.
(4) 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.
(K) 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.
(2002 Code, Art. IV, § 92.00.26) (Ord. passed 10-19-1999; Am. Ord. passed 10-15-2002; Am. Ord. passed 4-15-2003; Am. Ord. passed 5-20-2003; Am. Ord. passed 6-23-2003; Am. Ord. passed 11-16-2004; Am. Ord. passed 5-17-2022; Am. Ord. passed 8-15-2023)