(A) Uses permitted.
(1) Parks and open space, including active and passive recreation facilities;
(2) Privately owned commercial recreation facilities;
(3) Privately owned scenic natural attractions. Any development of use which would be detrimental to the natural and ecological beauty of the district is prohibited:
(a) Permitted uses. Within the privately owned scenic natural attraction, structures and land may be used only for the following purposes:
1. Commercial recreational facilities which may include hiking trails, nature and wildlife exhibits, picnic facilities, and the like. Support activities such as ticket sales, information services, gift and craft shops, food service, pavilions, parking areas, garages, non-commercial workshops, and the like, are also permitted where accessory to the primary use. All structures shall be in keeping with the character of any adjacent residential area. Any adjacent residential area and/or public and private rights-of-way shall be buffered from all the commercial recreational facilities by existing or planted natural vegetated areas to the extent that the facilities are screened from view;
2. Accessory uses and structures where accessory to the primary use; and
3. Agricultural uses, including the sale of agricultural products.
(b) Conditional uses. The following are uses permitted as conditional uses, subject to a finding by the Board of Adjustment that all applicable provisions of this chapter have been met:
1. Residential single and 2-family dwellings, including modular housing and Class A Manufactured Homes;
2. Bed and breakfast/inn/tourist home;
3. Planned unit developments; and
4. Hotels and motels.
(4) Educational institutions;
(5) Houses of worship;
(6) Libraries;
(7) Government administration, services and facilities;
(8) Police and fire protection facilities;
(9) Public and private utilities; and
(10) Accessory uses and structures.
(B) Minimum yard requirements.
(1) Front: 35 feet;
(2) Side: 25 feet;
(3) Rear: 25 feet; and
(4) Corner: 25 feet.
(C) Setback variances.
(1) 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.
(2) 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.
(3) 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.
(D) 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, § 92.00.30) (Ord. passed 10-19-1999; Am. Ord. passed - -; Am. Ord. passed 10-15-2002; Am. Ord. passed 11-16-2004; Am. Ord. passed 8-15-2023)