(A) Word interpretation. 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:
(1) Words used in the present tense include the future tense. Words used in the singular include the plural, and words used in the plural include the singular.
(2) The word
COUNTY
mean Henderson County, North Carolina.
(3) The word
TOWN
mean the Town of Mills River, North Carolina.
(4) The words
TOWN COUNCIL
mean the Town Council of Mills River, North Carolina.
(5) The words
PLANNING BOARD
mean the Planning Board of the Town of Mills River.
(6) The word
MAY
is permissive.
(7) The word
SHALL
is mandatory.
(8) The word BUILDING includes the word STRUCTURE.
(9) The word STREET includes the words ROAD and HIGHWAY.
(10) The word PERSON or APPLICANT includes a firm, association, organization, partnership, corporation, company, trust and individual or governmental unit.
(11) The words ZONING MAP or MILLS RIVER ZONING MAP shall mean the Official Zoning Map of the Town of Mills River, North Carolina.
(B) Definitions. For the purpose of this chapter, the
words
have the meanings indicated:
ACCESSORY USE. A use customarily incidental and subordinate use to a or and located on the same lot with the or .
ACCOMMODATION. All or part of a consisting of a room or rooms intended, designed or used as a residence by an individual or .
ADMINISTRATIVE DECISION. A decision made in the implementation, administration, or enforcement of the Mills River Town Code that involves the determination of facts and the application of objective Code standards. Administrative decisions may include proceedings to gather facts needed to make an administrative decision.
ADULT DAY CARE CENTER. A non-residential facility certified by the State of North Carolina which provides an organized program of services for adults during the day in a community group setting for the purpose of supporting adults’ personal independence. Care is provided for more than 6 but less than 24 hours per day.
ADULT DAY CARE HOME. A non-residential facility certified by the State of North Carolina which provides an organized program of services for adults during the day in a community group setting for the purpose of supporting adults’ personal independence out of the provider’s home. There may be between 4 and 16 unrelated participants in an adult day care home. Care is provided for more than 6 but less than 24 hours per day.
ADULT DAY HEALTH CENTER. An ADULT DAY CARE CENTER also provides health care services.
ADULT DAY HEALTH HOME. An ADULT CARE HOME which also provides health care services.
ADULT ESTABLISHMENTS. Any establishment which would be considered an adult bookstore, adult motion-picture theater, adult mini-motion-picture theater or adult live entertainment business as each is defined in G.S. § 14-202.10. This definition does not include bona-fide massage parlors.
AGRICULTURE. The use of land for the tilling of soil; the growing of crops or plants, including truck farming, field crops, vegetables, fruit, nut, sod, seed or tree production; pasturage, including pasture for cattle, horse, sheep or goats and other farm animals; forestry (silviculture) and other forms of food and fiber production for human and/or animal consumption; greenhouses, nurseries and ornamental horticulture; the raising, breeding, working and use of farm animals; aquaculture; beekeeping; associated processing and packing of agricultural commodities produced exclusively on one's own ; and 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 and not intended for general traffic circulation.
ALTERNATIVE STRUCTURE. A which is not primarily constructed for the purpose of holding but on which 1 or more may be mounted. ALTERNATIVE STRUCTURES include, but are not limited to, , water tanks, pole signs, billboards, and electric power transmission .
AMUSEMENT PARKS. Establishments of the type known as AMUSEMENT PARKS, THEME PARKS and KIDDIE PARKS, which group together and operate in a whole or in part a number of attractions, such as mechanical rides, amusement devices, refreshment stands and picnic grounds and all associated activities. This definition specifically excludes , motion picture theaters, museums, art galleries, arboreta and botanical and zoological gardens. For purposes of the MR - Mixed Use District, amusement parks less than 200 acres in size, inclusive of all land used for purposes, not be regulated.
ANTENNA. Any exterior transmitting or receiving device which radiates or captures electromagnetic waves.
APARTMENT. The same as ACCOMMODATION.
APARTMENT, GARAGE. A part of a garage consisting of a room or rooms intended, designed or used as a self-contained residence by an individual or a single .
ASPHALT PLANT. An establishment, whether portable or non-portable, engaged in petroleum refining, manufacturing asphalt-type roofing materials, asphalt and tar paving mixtures and paving block made of asphalt and various compositions of asphalt or tar with other materials; and the of old asphalt into asphalt-type material.
BED-AND-BREAKFAST INN. Any preexisting, -occupied, residential with historical significance or which is architecturally unique, used primarily as overnight guest quarters and providing meals only for the guests and allowing the sale of incidental gifts and notions, where the use of the residence is not incompatible with adjacent uses and the total number of guest rooms does not exceed 8, where the lot area provides a minimum of 10,000 square feet for each guest room, where 2 on-premises signs may be permitted but neither can exceed 4 square feet in area in accordance with an approval design and where buffering may be required.
BOATHOUSE, PRIVATE. A single-family residential accessory whose principal purpose is waterfront mooring or storage of small boats. The have no more than one (1) enclosed level above the boat storage area, and the enclosed level be no greater than the boat storage below, but open decks, docks and stairways not be counted for this purpose.
BOATHOUSE, PUBLIC. A or marina whose principal purpose is waterfront mooring or storage of boats for commercial purposes. A public boathouse may include boat slips, docks, boat-launching ramps, gas sales, boat repair and service and the sale of boating supplies.
BUFFER STRIP. Unless otherwise stated in this chapter, a buffer strip consists of a planted strip at least 10 feet in width, composed of evergreen trees, spaced not more than 20 feet apart and not less than one (1) row of dense shrubs, spaced not more than five (5) feet apart.
BUILDING. Any having a roof supported by columns or by walls and intended for shelter, housing or enclosure of persons, animals or chattels. Two buildings connected by a common roof be considered as one (1) building, provided that the width of the connecting roof be at least 20% of the width, but in no case less than six (6) feet in width. The connection of two (2) buildings by means of an open porch, breeze way or passageway without a roof, or with a roof less than six (6) feet in width, not be deemed to make them one (1) building.
BUILDING, ACCESSORY. A detached subordinate to a main on a lot and used for purposes customarily incidental to a main or and located on the same lot therewith.
BUILDING, CIVIC AND CULTURAL. That physical plant or facility that is erected or used exclusively for the general betterment of the citizenry of the community.
BUILDING HEIGHT. The distance measured from the highest ground level at the foundation to the highest point of the roof or facade, whichever is greater.
BUILDING, PRINCIPAL. A in which is conducted a of the lot on which the is located.
BUILDING SETBACK LINE. A line measured horizontally delineating the minimum allowable distance between the line and a on a lot, within which no or other be placed except as otherwise provided. If the line extends into a roadway or highway itself, then the setback line be measured from the outside edge of pavement of the traveled way when computing setback requirements on lots abutting highways. For purposes of measuring setback lines, lines extended vertically from overhanging roofs which do not extend beyond 30 inches from the foundation wall of a not be used for establishing location. This definition not be applicable in the MR - Mixed Use District.
CAMP. Include those organized camp establishments which provide food or lodging of tents or cabins for groups of children or adults engaged in organized recreational or educational programs. The term CAMP include, but not be limited to, camps with special program emphasis, such as horseback riding, conservation, music and sports. The term CAMP not include , migrant labor camps or .
CEMETERY, HUMAN PUBLIC. Land used or intended to be used for the burial of the human dead. This definition does not include cemeteries established or operated by churches, governmental agencies or .
CHILD CARE CENTERS. A child care provider licensed by the for care of six or more children in a residence or when three or more children are in care in a other than a residence. Religious sponsored programs that are not licensed by the such as parent morning out programs providing child care on a weekly basis are not to be included.
CHIP MILLS. Any non-portable wood-chipping facility that stands alone and apart from a sawmill or a pulpmill, and whose purpose is to provide wood chips to an off-site fabricating facility including but not limited to a papermill or oriented strand board (OSB) mill. For purposes of the MR Mixed-Use District, specifically excluded from this definition are those facilities that produce less than 50,000 tons of wood chips or other materials per .
CLINIC. A facility for provision of professional medical services to persons on an outpatient basis.
COLLOCATION. The placement of an additional on an existing , including required support equipment and at the base of the and any necessary modification to the of the existing .
COMMERCIAL WASTE CONTAINER. Any container for storing waste pending removal or .
COMMUNICATIONS TOWER (or TOWER). Any , pole or similar , 50 feet or more in height, used to support one (1) or more , including self-supporting lattice , guyed or monopole . The term includes radio and television transmission , personal communications service (PCS), microwave , common-carrier , cellular telephone and .
CONCRETE PLANT. An establishment, whether portable or non-portable, primarily engaged in manufacturing hydraulic cement, including portland, natural, and masonry cements delivered to a purchaser in a plastic and unhardened state. This industry includes production and sale of central-mixed concrete, shrink-mixed concrete and truck-mixed concrete. Also included are the manufacture of concrete products from a combination of cement and aggregate.
CONDITIONAL USE. Conditional uses are those approved under a specific procedure that was removed from the Mills River Town following the adoption of G.S. Ch. 160D updates in 2021. Approved conditional uses remain in effect. Updates, expansions or revocations of conditional uses shall be handled under the process as defined in this chapter.
CONFERENCE CENTER. One or more or whose primary purpose is to provide professional or religious training activities, typically with facilities that accommodate overnight guests. The centers may include but are not limited to recreational facilities, incidental retail sales, food service, indoor and outdoor recreation, group assembly and maintenance, the center and activities being set back no less than 100 feet from any residential use.
CONSTRUCTION RELATED WASTE CONTAINER. A waste container on site prior to issuance of the certificate of occupancy for the project for purposes of construction or remodel related waste collection.
DENSITY. The number of permitted per acre of land.
DEVELOPMENT. Development includes the construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure; the excavation, grading, filling, clearing, or alteration of land; the subdivision of land; and the initiation or substantial change in the use of land or the intensity of use of land.
DUPLEX. A building arranged or designed to be occupied by two (2) families living independently of each other.
DWELLING. Any building, structure, manufactured home, or mobile home, or part thereof, used and occupied for human habitation or intended to be so used. The term DWELLING does not include any , , or , if used solely for a seasonal vacation purpose.
DWELLING, MULTIFAMILY. A or portion thereof used or designed as a residence for three (3) or more living independently of each other and doing their cooking therein, including apartments, hotels and group houses.
DWELLING, SINGLE-FAMILY. A arranged or designed to be occupied by one (1) .
DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
EASEMENT. A grant by a of the use of a strip of land for specified purpose by the public, a corporation or persons.
ELECTRONIC GAMING OPERATIONS. Any business enterprise, whether as a principal or , where persons utilize electronic machines, including but not limited to computers and gaming terminals, to conduct games of chance, including sweepstakes, and where cash redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. ELECTRONIC GAMING OPERATIONS may include, but are not limited to, internet cafes, internet sweepstakes, electronic gaming machines/operations, or cybercafés. This does not include any lottery approved by the State of North Carolina or any nonprofit operation that is otherwise lawful under law (for example, church or civic organization fundraisers).
EXTENDED CARE FACILITY. A licensed medical care facility that provides domiciliary and continuing services to its residents.
(a) This term
include the
:
1. COMBINATION HOME. A nursing home offering one (1) or more levels of care, including any combination of skilled nursing, intermediate care and domiciliary home.
2. CONTINUING CARE FACILITY. A facility furnishing to an individual, other than an individual related by blood, marriage or adoption to the person furnishing the care, of lodging, together with nursing services, medical services or other health-related services, pursuant to an agreement effective for the life of the individual or for a period in excess of one (1) .
3. DOMICILIARY HOME FOR THE AGED AND DISABLED. A facility operated as a part of a nursing home and which provides residential care for aged or disabled persons whose principal need is a home with the sheltered or personal care their age or disability requires. Medical care in a domiciliary home is usually occasional or incidental, such as may be required in the home of any individual or , but the administration of medication is supervised. Continuing planned medical and nursing care to meet the residents' needs may be provided under the direct supervision of a physician, nurse or home health agency. DOMICILIARY HOMES are to be distinguished from nursing homes as defined in this chapter.
4. HOSPITAL. Any facility which has an organized medical staff and which is designed, used and operated to provide health care, diagnostic and therapeutic services and continuous nursing care primarily to inpatients where the care and services are rendered under the supervision and direction of physicians licensed under G.S. Chapter 90, Article 1, to 2 or more persons over a period in excess of 24 hours. The term includes facilities for the diagnosis and treatment of disorders within the scope of specific health specialties. The term does not include private mental facilities licensed under G.S. Chapter 122C, Article 2, nursing homes licensed under G.S. § 131E-102 and domiciliary homes licensed under law.
5. NURSING HOME. A facility, however named, which is advertised, announced or maintained for the express or implied purpose of providing nursing or convalescent care for 3 or more persons unrelated to the licensee or operator. A NURSING HOME is a home for chronic or convalescent patients who, on admission, are not as a rule acutely ill and who do not usually require special facilities, such as an operating room, X-ray facilities, laboratory facilities and obstetrical facilities.
A NURSING HOME provides care for persons who have remedial ailments or other ailments for which medical and nursing care are indicated, who, however, are not sick enough to require general hospital care. Nursing care is their primary need, but they will require continuing medical supervision.
(b) These terms
not include ambulatory surgical facilities,
, chemical dependency treatment facilities or other facilities unless they are an integral part of the licensed facility identified above, both of which are located within an approved medical, institutional care development.
EVIDENTIARY HEARING. A hearing to gather competent, material, and substantial evidence in order to make findings for a quasi-judicial decision relative to the Mills River
Town .
FAMILY. One or more persons living as a single housekeeping unit and using cooking facilities and certain rooms in common. A FAMILY not include a group occupying a boardinghouse, lodging house, club or fraternity house or similar dwelling.
FAMILY CARE HOME. An adult care home with support and supervisory personnel that provides room and board, personal care and habilitation services in a environment for not more than 6 resident and licensedby the state of North Carolina as a care home. For zoning purposes, a FAMILY CARE HOME be deemed a residential use of and be a permitted use in all residential districts.
FAMILY CHILD CARE HOME. A child care provider licensed by the to provide child care for five or fewer preschool aged children, and an additional three
school
age children. Care is provided at the licensed care provider’s residence.
FARM, BONA FIDE. All land on which agricultural operations are conducted.
FENCING. The use of a translucent, opaque or perforated barrier extending from the surface of the ground to a uniform height at all points around the portions of the containing the regulated , including but not limited to storage or use of inventory, materials or equipment associated with the , if the use(s) is unenclosed. The fencing must be constructed of wood, wire, steel or of any substance of a similar nature and strength, but which perforations or openings are not larger than 16 square inches.
FIRE PROTECTION. The design, construction and installation of and facilities, equipment, appliances and infrastructure or the protection of the facilities and , and the thereof, from the effects or potential effects of fire. All uses requiring fire protection in this chapter be required to comply with the standards of the National Fire Protection Association.
GARBAGE. All , including animal and carcasses, and recognizable industrial by-products, but excluding sewage and human waste.
GOLF COURSE. A tract of land laid out, landscaped and used primarily for the playing of golf but may additionally include swimming pools, tennis courts and other facilities for outdoor recreation normally associated with tournament-type 18 hole golf courses. The term include and located on a golf course tract which are incidental to outdoor recreation, such as rain shelters, maintenance and storage sheds, swimming pool shower and dressing rooms and also clubhouses and/or other having facilities for the sale, rental and storage of sports equipment, serving of food and beverages and (including lodging) for members of private golf clubs and their guests, which and are normally associated with tournament-type 18 hole golf courses, provided that no single 18 hole course have more than 20 units of lodging; and provided, further, that any commercial activity permitted by this sentence terminate if the golf course served by it cease to operate as a golf course as defined in the sentence. Public commercial hotels, motels, restaurants, stores, snack bars and beverage service bars and lounges are not permitted. This definition does not include illuminated golf facilities.
GRAVEYARD. Any or ; this definition specifically excludes all cemeteries, including public human cemeteries, church cemeteries, cemeteries and pet cemeteries.
GROSS FLOOR AREA. The total floor area of all in a project, including basements, mezzanines and upper floors, exclusive of stairways and elevator shafts. It excludes separate service facilities outside the main , such as boiler rooms and maintenance shops.
GROUP DEVELOPMENT. A group of 2 or more principal built on a single lot, tract or parcel of land not subdivided into the customary and lots and which may not be subdivided, and designed for occupancy by separate , businesses or other enterprises. Examples would be campuses and hospitals, and industrial parks.
HANDICAPPED PERSON. A person with a temporary or permanent physical, emotional, or mental disability including, but not limited to, mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances and orthopedic impairments, but not including mentally ill persons who are dangerous to others as defined in G.S. § 122C-3(11)b.
HAZARDOUS WASTE DISPOSAL FACILITY. Any hazardous waste disposal facility whose operations or facility must be permitted by or is regulated by the federal Solid Waste Disposal Act, 42 U.S.C. §§ 6901 et seq., or the North Carolina Solid Waste Management Act (G.S. §§ 130A-290 et seq.), as they may be amended or replaced.
HEALTHCARE FACILITY. Any residential or in-patient medical facility, whether public or private, including but not limited to the : general hospitals; chronic disease, maternity, mental, tuberculosis and other specialized hospitals; facilities for intensive care and self-care; nursing homes, including skilled nursing facilities and intermediate care facilities; and facilities for continuing care of the elderly and infirm.
HOURS OF OPERATION. The times of day during which an establishment may conduct its principal operations.
INCIDENTAL HOME OCCUPATION. Any use conducted entirely within a dwelling and carried on by the 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 such as is normally used for domestic or professional purposes and that not over 25% of the total floor space of any is used for a home occupation. No home occupation be conducted in any . Incidental home occupations permitted as in a residence include, but are not limited to, dressmaking, cooking, baking, music instruction, woodworking, arts and crafts,
personal care services,
, internet retail sales and the practice of the professions as insurance, medicine, artistry, architecture and accounting. This definition
not be used to regulate
in any way. There
be no change in the outside appearance of the
or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, non-illuminated, and mounted flat against the wall of the principal
.
INCINERATOR.
(a) Any enclosed device that burns more than 250 pounds of any material per hour other than the classic boiler fossil fuels, such as natural gas, coal or fuel oil, is a
on any lot or parcel, and:
1. Uses controlled flame combustion and neither meets the criteria for classification as a boiler, sludge dryer, or carbon regeneration unit, nor is listed as an industrial furnace; or
2. Meets the definition of INFRARED INCINERATOR or PLASMA ARC INCINERATOR.
(b) This definition does not apply to afterburners, flares, fume incinerators and other similar devices used to reduce process emissions of air pollutants. Specifically excluded from this definition and any regulation under this chapter are those incinerators that are constructed and/or operated by or on behalf of any federal,
or local governmental entity; provided, however, that this exclusion from regulation only applies to those incinerators not operating as a
or
(which are prohibited in all zoning districts).
INDUSTRIAL USE. Entails manufacturing, assembling, processing, fabricating, machining and/or warehousing. INDUSTRIAL USE includes establishments engaged in the mechanical or chemical transformation of materials or substances into new products. These establishments are usually described as plants, factories or mills and characteristically use power-driven machines and materials handling equipment. Establishments engaged in assembling component parts of manufactured products are also considered industrial if the new product is neither a nor other fixed improvement. Also included is the blending of materials, such as lubricating oils, plastics, resins or liquors. The materials processed by industrial establishments include products of , forestry, fishing, mining and quarrying as well as products of other industrial establishments. [This definition is based upon excerpts from the Standard Industrial Classification Manual (SIC), 1987. Specific examples of industrial uses as listed in the SIC are not considered to be a limitation on this definition.]
JUNK. Any discarded or scrapped copper, brass, metal, rope, rags, batteries, appliances, paper or rubber; discarded, dismantled or wrecked automobiles or other vehicles or parts thereof; dismantled or abandoned mobile/ or RV's or or parts thereof; discarded, dismantled or wrecked motorized or non-motorized equipment or parts thereof; discarded or scrapped iron, steel or other scrapped ferrous material; or any other materials, items or equipment similar to those listed herein. This definition specifically excludes .
JUNKYARD. Any land parcel having a consisting of the storing, keeping, buying or selling of . This definition excludes any or any .
LANDFILL. A disposal facility or part of a disposal facility where is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility.
LANDOWNER, or OWNER. The holder of the title of a property in fee simple. Absent evidence to the contrary, the county tax records are used to determine who is a landowner. A landowner may authorize a person holding a valid option, lease, or contract to purchase to act as his or her agent or representative for the purpose of making applications for development approvals.
LARGE WIND ENERGY SYSTEM. A wind energy conversion system consisting of one or more wind turbine(s), a (s), and associated control or conversion electronics, which has a rated capacity of more than 20 kW.
LEGISLATIVE HEARING. A hearing to solicit public comment on a proposed legislative decision.
LIGHT INDUSTRY. Any use which is listed as permitted by right in the MR - Light Industrial District, § 154.055 of this chapter.
LIGHTING. Outdoor lighting fixtures installed and operated in such a manner as to provide for the safety of those persons residing or working on the and which protect the and neighboring from direct glare or hazardous interference of any kind.
LOT. A parcel of land occupied or capable of being occupied by a or group of as regulated by the Town of Mills River , together with the customary accessories and open spaces belonging to same.
LOT DEPTH. The mean horizontal distance between front and rear lot lines.
LOT OF RECORD. A lot which is part of a subdivision, a plat of which has been recorded in the Register of Deeds office of Henderson County, or a lot described by metes and bounds, the description of which has been so recorded.
LOT WIDTH. The distance between side lot lines measured at the .
MAJOR PARK. Any consisting of 11 or more and/or spaces.
MAJOR STREET. The are classified major in the Town of Mills River for purposes of this chapter: Boylston Highway (NC 280), Haywood Road (NC 191).
MANUFACTURED HOME. A single-family residential dwelling built in accordance with the Federal Manufactured Housing Construction and Safety Standards Act 1974 (which became effective June 15, 1976). For purposes of this chapter, however, the term includes MOBILE HOMES.
MANUFACTURED HOME PARK (PARK). A tract of land designed to accommodate 3 or more manufactured or spaces, 3 or more manufactured or or any combination of such for rent or lease. This definition not apply to approved seasonal agricultural worker developments in the MR - Mixed Use District. Notwithstanding the foregoing, which consist of no more than 10 manufactured or and in which all of the units provide or are intended to provide migrant housing subject to and in accordance with the Migrant Housing Act of North Carolina (G.S. § 95-222) are specifically exempted from all provisions of § 154.080 of this chapter.
MANUFACTURED HOME PARK, MAJOR. Any park consisting of 11 or more and/or spaces; may be referred to as MAJOR PARK in this and other ordinances duly adopted by the Mills River Town Council.
MANUFACTURED HOME PARK, MINOR. Any park consisting of 10 or fewer and/or spaces; may be referred to as MINOR PARK in this and other ordinances duly adopted by the Mills River Town Council.
MATERIALS RECOVERY FACILITY. An establishment primarily engaged in:
(a) Operating facilities for separating and sorting recyclable materials from nonhazardous waste streams (i.e.
); and/or
(b) Operating facilities where commingled recyclable materials such as paper, plastics, used beverage cans and metals are sorted into distinct categories.
MINING AND EXTRACTION OPERATION. Any establishment or business primarily engaged in dressing and beneficiating of ores; the breaking, washing and grading of coal; the crushing and breaking of stone; and the crushing, grinding or otherwise preparing of sand, gravel and nonmetallic chemical and fertilizer minerals. Specifically excluded from this definition are:
(a) Those establishments or businesses with a
of the extraction of sand if that operation is not required to obtain a mining
from the North Carolina Department of Environment and Natural Resources; and
(b) Those establishments or businesses with a principal or
of the grading or extraction of soils.
MINOR PARK. Any consisting of 10 or fewer and/or spaces.
MOBILE HOME. A transportable, factory-built home designed to be used as a single-family residential dwelling and manufactured prior to the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (which became effective June 15, 1976).
MOBILE HOME PARK. See MANUFACTURED HOME PARK.
MOBILE/MANUFACTURED HOME GRAVEYARD. Any parcel of land having an consisting of the storage or keeping of 3 or more wrecked, dismantled, scrapped, ruined or dilapidated mobile/, RV's or , which are not occupied by humans.
MODULAR HOME. A constructed in accordance with the standards set forth in the North Carolina State Building Code (NCSBC) and composed of components substantially assembled in a manufacturing plant and transported to the site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of 2 or more sections transported to the site in a manner similar to a (except that the modular home meets the NCSBC) or may consist of a series of panels or room sections transported on a truck and erected or joined together on the site.
MOTOR SPORTS FACILITY. Any facility, track or course upon which are conducted.
MOTOR SPORTS FACILITY, MAJOR. A having a seating or standing capacity of 1,000 or more persons. For purposes of this definition, standing capacity be computed based on 3 persons for each 200 square feet of space directed to patron use.
MOTOR SPORTS FACILITY, MINOR. A having a seating or standing capacity of less than 1,000 persons. For purposes of this definition standing capacity be computed based on 3 persons for each 200 square feet of space directed to patron use.
MOTOR VEHICLE. Any vehicle which is, or is designed to be, self-propelled or is designed or used for transporting persons or . This definition includes watercraft, but excludes airplanes or aircraft.
NEIGHBORHOOD. Any area impacted by a .
NOISE MITIGATION. A good-faith effort to reduce the noise effects, if any, that the may have on the .
NONCONFORMING USE. Any , use of land, , or lawfully existing at the time of adoption of this chapter, or any amendment thereto, that does not conform to the use requirements, dimensional or other requirements of the district in which it is located.
OCCUPIED BUILDING. Any residential dwelling or other which is inhabited on a regular basis by one (1) or more persons. The include, but are not limited to, residences, schools, churches, other for public assembly, hospitals and , commercial and industrial entities, and the like. The must have been in existence, or otherwise be under a validly issued , at least 30 days prior to the date of a application in order to be considered an occupied as defined in this chapter.
OFFAL. The waste or by-product of a process, especially the viscera and trimmings of a butchered animal removed in dressing.
OPEN SPACE, ACTIVE. Any and recreational area that is not dependent upon a specific environmental or natural resource, which is developed with recreation and support facilities that can be provided anywhere for the convenience of the user. Areas include, but are not limited to, playgrounds, , baseball or softball fields, football or soccer fields, basketball courts, swimming pools, clubhouses, equestrian facilities, and tennis courts.
OPEN SPACE, PASSIVE. Area in and located due to the presence of a particular natural or environmental setting. Area include, but are not limited to, boating, fishing, camping, nature trails, and nature study. Farms and land designated for agricultural use may be considered as passive open space.
PARK. Those areas developed for both passive and active recreational activities. The development may include, but not be limited to, walkways, benches, open fields, multiuse courts, swimming and wading pools, amphitheaters, and the like. The term PARK not include zoos, , , or vehicle, equestrian or dog racing facilities.
PARK MODEL HOME. A consisting of one (1) or more sections, typically built in accordance with the construction requirements of the HUD Housing Code but not in accordance with the standards set forth in the NCSBC; the vehicles have 480 square feet or less of living space and are used as temporary designed to be easily transported.
PERENNIAL STREAM. A constantly flowing, drought-resistant stream that is typically depicted by a thin continuous blue line on the most recent version of the USGS 1:24,000 (7.5 minute) scale topographic maps (or as determined by local government studies), unless other provisions have been made.
PERMIT. The permit issued by the as designated by this chapter, to an individual, corporation, partnership or other entity to construct a , to collocate an on an existing , to locate an on an or to replace an existing as required by this chapter.
PLANNED UNIT DEVELOPMENT. A land use designed to provide for incorporating a single type or a variety of residential and which are planned and developed as a unit. The may consist of individual lots and common sites. Common land and facilities may be an element of the plan related to affecting the long-term value of the entire . A planned unit must conform to the requirements of §§ 154.080 and 154.180.
POULTRY/SMALL GAME. All chicken, waterfowl and rabbits and other similar species raised domestically for meat or eggs. This definition specifically includes, but is not limited to, quail, turkey, chicken, ducks and geese.
PRINCIPAL USE. A primary purpose for which land or a is arranged, designed, intended or used, including the storage or use of inventory, materials or equipment associated therewith.
PROPERTY. All subject to regulation under the Mills River Town , including land and improvements or structures thereon.
PROTECTED MOUNTAIN RIDGE. A ridge with an elevation of 500 feet or more above the elevation of an adjacent valley floor.
PUBLIC LIBRARY. Any library established by the ; a , city, township, village, district or other local unit of government or authority or combination of local units of governments and authorities; community college or university; or any private library open to the public.
PUTRESCIBLE WASTES. capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisance from odors and gases, such as kitchen wastes, and carcasses.
QUASI-JUDICIAL DECISION. A decision involving the finding of facts regarding a specific development approval that requires the exercise of discretion when applying the standards of the regulation. The term includes, but is not limited to, decisions involving variances, , and appeals of administrative determinations.
RACING EVENT. Any time, speed or distance competition using , whether or not conducted under the auspices of a recognized sanctioning body, including but not limited to events on the surface of land and water. RACING EVENTS be deemed to include any practice sessions, time trials, qualification rounds or any other similar activity.
RADIOACTIVE WASTE DISPOSAL FACILITY. Any disposal facility for low-level radioactive materials, high-level radioactive materials or special nuclear materials. Specifically included, but without limitation, are any disposal facilities whose operations or facility must be permitted by or are regulated by one (1) or more of the (as they may be amended or replaced): United States Nuclear Regulatory Commission, or its successors; the Atomic Energy Act of 1954; the Low-Level Radioactive Waste Policy Amendment Act of 1985 (42 U.S.C. §§2021b et seq.); or the North Carolina Radiation Protection Act (G.S. §§ 104E-1 et seq.).
RECREATIONAL VEHICLE (RV). A vehicular-type unit primarily designed as temporary and mobile living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on and drawn by another vehicle. The units do not satisfy the dimensional requirements of a .
RECREATIONAL VEHICLE PARK. Any grouping of no fewer than 2 units on a tract of land in single ownership, catering to temporary parking of or . parks may include and ancillary to such use.
RECYCLING. The collection, separation and/or processing and reuse or return to use in the form of raw materials or products of those materials which would otherwise become .
RECYCLING CENTER, DROP-OFF. A facility designed to be a collection point where only recyclable materials are collected and/or temporarily stored prior to delivery to a permanent disposal site or shipment to others for reuse or processing.
RECYCLING FACILITY. A facility having a consisting of .
REFUSE. All non-.
RELIGIOUS INSTITUTION. Any church, ecclesiastical or denominational organization, or any established physical place for worship at which nonprofit religious services and activities are regularly conducted.
REPLACEMENT TOWER. A new intended to replace an existing where the new is sited as close to the existing as is reasonably feasible, but in no event more than 100 hundred feet from the base of the existing , and no higher than the height of the original .
RETAIL BUSINESS. Includes establishments engaged in selling merchandise directly to residential, business or institutional customers and rendering services incidental to the sale of the goods. The establishment is usually a place of business which is engaged in activities to attract the general public to buy. Processing incidental or subordinate to selling often is conducted at retail
businesses. Buying of goods for resale to customers on site is a characteristic of retail trade establishments that particularly distinguishes them from wholesaling operations, industrial production, and the agricultural and extractive industries. Specifically excluded from this definition are adult establishments. [This definition is based upon excerpts from the Standard Industrial Classification Manual (SIC), 1987. Specific examples of retail uses as listed in the SIC are not considered to be a limitation on this definition.]
RETAIL SERVICES. Includes establishments primarily engaged in providing a wide variety of services for individuals, business and government establishments and other organizations. Includes establishments providing personal, business, repair, health, legal, engineering and other professional services; membership organizations; and other miscellaneous services. Specifically excluded from this definition are . [This definition is based upon excerpts from the Standard Industrial Classification Manual (SIC), 1987. Specific examples of services as listed in the SIC are not considered to be a limitation on this definition.]
RUBBISH. Solid or liquid waste from residences, commercial establishments or institutions.
RURAL ACCESSORY BUSINESS. A business which is traditionally found in rural settings and which is established as follows:
(a) A
containing a rural accessory business
be located according to the dimensional requirements specified for the zoning district.
(b) A
be contained entirely within one (1)
separate from a residential dwelling with a maximum floor area of 2,500 feet. Outside storage of materials and equipment
be restricted to areas adjacent to the
with the areas under shed-roof cover and not exceeding 20% of the floor area of the business.
(c) One
be permitted per lot.
(d) The operator of the
must reside on the same lot or on an adjoining parcel of land in the same ownership upon which the
is located.
(e) The rural accessory business
not create smoke, odor, dust or noise which would cause a health hazard or a nuisance to surrounding
.
(f) Rural accessory businesses include those uses typically defined as INCIDENTAL HOME OCCUPATIONS.
(g) This definition
not be used to regulate
in any way.
SCHOOL. Any elementary or secondary school, whether public or private, established under Chapter 115C of the North Carolina General Statutes, and any community college established under the provisions of G.S. Chapter 115D.
SCHOOL, CHARTER. Any authorized and operating under G.S. Chapter 115C, Article 16, Part 6A.
SCHOOL, HOME. A nonpublic in which 1 or more children of not more than 2 or households receive academic instruction from parents or legal guardians or a member of either household. The schools must be qualified in accordance with G.S. Chapter115C, Article 39, Part 3. HOME SCHOOLS be considered a permitted use of in all zoning districts listed in § 154.025.
SCHOOL, PUBLIC. A operated under the jurisdiction of the Henderson County Board of Education and supported by tax revenue, or any .
SCREENING. The use of any device or natural growth, including but not limited to , walls, berms, vegetation, or any combination thereof, that serves as a barrier of vision between adjoining . Screening may be partial or full as may be required by this chapter.
SEPARATION. Where separation restrictions are required no portions of the containing the regulated , including but not limited to storage or use of inventory, materials or equipment associated with the , be situated within the stated distance from the approximate center (centroid as determined by the Henderson County Assessor's office) of the on which a protected use is located, whether the protected use(s) is (are) located within the municipal boundaries of the Town of Mills River
SHOPPING CENTER. A group of commercial establishments located on a tract of land that is planned, developed, owned or managed as a unit, with off- parking provided on the , and related in its location, size, and type of shops to the trade area which the unit serves.
SIGN, BUSINESS. An attached or freestanding on which are announced the business use or uses of the premises and/or the name of the operator of the premises.
SIGN, OUTDOOR ADVERTISING. An attached or freestanding conveying some information, knowledge or idea to the public.
SITE PLAN. A scaled drawing and supporting text showing the relationship between lot lines and the existing or proposed uses, buildings, or structures on the lot. A site plan shall include site-specific details that are depicted to show compliance with all legally required regulations that are applicable to the project and the applicable compliance or decision review.
SLAUGHTERING PLANT. An establishment primarily engaged in slaughtering animals or . For the purpose of the MR - Mixed Use District, this definition includes slaughtering plants that conduct processing of animals or , including dressing, packing, freezing, canning, cooking and/or curing animals or or their by-products or processing or manufacturing products from the animals or or their by-products; and establishments primarily engaged in the collection and/or processing of the inedible portion(s) of animals or or their carcasses. This definition specifically excludes: slaughtering and processing activities performed for personal use only; and those plants slaughtering less than 450 animals per for other than personal use and those plants slaughtering less than 500 per day for other than personal use.
SOLAR ENERGY GENERATION FACILITY. Any nonresidential solar collection applications designed to facilitate the capture and conversion of solar energy for the purpose of supplying electricity to utility companies. This definition does not include accessory to a .
SOLAR PANEL HEIGHT. The measurement of a from the pivot point of the panel to the ground.
SOLAR PANELS. A solar collection application designed to facilitative the capture and conversion of solar energy for the purpose of supplying power to a specific site or set of equipment.
SOLID WASTE. Any hazardous or nonhazardous or other refuse, , litter, trash, tires and other discarded solid materials and solid or semisolid waste materials resulting from industrial, commercial and agricultural operations and from community activities, but does not include solids or dissolved materials in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluent, dissolved materials in irrigation return flows or other common water pollutants. As used herein, SOLID WASTE refer collectively to any or all of the aforementioned waste materials, unless otherwise specified.
SOLID WASTE MANAGEMENT FACILITIES.
(a) Land, personnel and equipment used in the management of
.
and
are specifically excluded from this definition.
management facilities include the
:
1.
;
2.
; or
3.
.
(b) Specifically excluded from this definition and any regulation under this chapter are those
management facilities that are constructed and/or operated by or on behalf of any federal,
, or local governmental entity; provided, however, that this exclusion from regulation only applies to those
management facilities not operating as a
or
(which are prohibited in all zoning districts).
SPECIAL USE. A use that is not permitted by right, but is permitted after an evidentiary hearing, finding by the for a
Major and by the Board of Adjustment for a Minor
SPECIAL USE PERMIT. A permit issued to authorize or uses in a particular zoning district upon presentation of competent, material, and
substantial evidence establishing compliance with one or more general standards requiring that judgment and discretion be exercised as well as compliance with specific standards. The term includes permits previously referred to as
permits.
STREET. A dedicated public or private right-of-way, either by easement or ownership, for vehicular traffic which affords the principal means of access to abutting .
STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the ground or which is attached to something having permanent location on the ground; however, anything constructed or erected solely to provide ingress and egress to the site, ornamental enhancement of the (exclusive of ), site stabilization, on-site utilities and or not be considered a structure for the purposes of this chapter. and wind turbines be considered a structure for the purpose of this zoning .
STRUCTURED ENVIRONMENT HOMES. A residential setting within which persons, progressing from relatively intensive treatment for crime, delinquency, mental or emotional illness, alcoholism, drug addiction or similar conditions to full participation in community life, are provided professional staff services, as well as board, lodging, supervision, medication and other treatment.
SMALL WIND ENERGY SYSTEM. A wind energy conversion system consisting of a single wind turbine, a and associated control or conversion electronics, which has a rated capacity of not more than 20 kW.
TINY HOME. A vehicular-type unit primarily designed as temporary and mobile living quarters for recreational, camping or travel use, which is mounted on or drawn by another vehicle. These type units are not required to meet standards set forth in the NCSBC.
TINY HOME PARK, PARK MODEL PARK, RECREATIONAL VEHICLE PARK. Any group of 2 or more units on a tract of land in single ownership, catering to temporary parking of tiny homes, , or . Said parks may include and ancillary to such use.
TOWER. See COMMUNICATIONS TOWER.
TOWER BASE. The foundation, usually concrete, on which the and other support equipment is situated. For measurement calculations, the base is that point on the foundation reached by dropping a perpendicular from the geometric center of the .
TOWER HEIGHT. The vertical distance measured from the bottom of the at ground elevation to the highest point of the , including any , or other equipment affixed thereto.
TOWER, REPLACEMENT. See REPLACEMENT TOWER.
TOWER SITE. The land area which contains or will contain a proposed , support and other related and improvements.
TRANSFER STATION. A permanent with mechanical equipment used for the collection or compaction of prior to the transportation of for final disposal.
TRAVEL TRAILER. See RECREATIONAL VEHICLE.
TRAVEL TRAILER PARK. See RECREATIONAL VEHICLE PARK.
TRAVELWAY. The portion of a road, , highway, driveway, , right-of-way, and the like, that is designed and maintained for the purpose of accommodating vehicular passage. Specifically excluded are sidewalks, multi-use side paths, road shoulders, ditches, curb and gutter systems, other drainage facilities and unimproved road rights-of-way not intended to be driven on by vehicles.
UNIQUE NATURAL AREA. An area that meets the criteria for qualification as a natural heritage area as prescribed in Chapter 15A-12H, Section .0202 of the North Carolina Administrative Code.
VEHICLE GRAVEYARD. Any parcel of land having an consisting of the storage or keeping of 5 or more wrecked, scrapped, ruined, dismantled or inoperable unlicensed , including but not limited to cars, trucks, tractor trailers, boats, motorcycles or jet skis, or other motorized equipment located on a land parcel or adjacent land parcels under the same ownership or control, if the storage or keeping is not enclosed within a (s) or (s).
WATER SYSTEM, PUBLIC. A public water supply is a system which provides piped water for human consumption to 15 or more connections or at least 25 people for at least 60 days per . A community public water supply is defined as one (1) which serves 15 or more -round residences or at least 25 -round residents. A non-community public water supply is any system that fits the definition of a public water supply but is not a community system. Restaurants, motels, schools, parks and industries are examples of non-community supplies.
WIND TURBINE HEIGHT. The height above grade to the top of the turbine blade when it reaches its highest elevation.
YARD. A space on the same lot with a , open, unoccupied and unobstructed by or from ground to sky, except where encroachments and are expressly permitted. This definition not apply in the MR - Mixed Use District.
YARD, FRONT. An open, unoccupied space on the same lot with a , extending the full width of the lot and situated between the street-adjacent line, or edge of pavement of travelway of adjacent street where applicable, and the front line of the , projected to the side lines of the lot. In no case the front be less than requirements.
YARD, REAR. An open, unoccupied space on the same lot with a , situated between the rear line of the lot and the rear line of the projected to the side lines of the lot.
YARD SALES. Includes garage sales, porch sales, carport sales and estate auctions and are informal sales held by of private households at their dwelling premises. Items sold are household articles and clothing used and accumulated over several as part of everyday living. Minor, obsolete or worn small business items may be included. YARD SALES may be conducted no more than four (4) times per but not more than a total of 12 days in one (1) calendar . Yard sales which continue over a longer period of time be considered as a commercial use. YARD SALES are an incidental use in all residential districts.
YARD, SIDE. An open, unoccupied space on the same lot with a situated between the and the side lot line and extending from the rear line of the to the front line of the .
ZONING ADMINISTRATOR. The official charged with enforcing this chapter.
ZONING DETERMINATION.
A written determination prepared by the
, the Zoning Administrator's designee or the Mills River
's designee that clarifies the intent, nature or applicability of this chapter or other chapters in Title XV of the Mills River Town
. A zoning determination is made in conjunction with a permit, legislative process, quasi-judicial process and/or at the request of a property owner or affected party seeking determination. Zoning determinations are delivered by personal delivery, electronic mail, or first-class mail. Zoning determinations may be appealed to the Zoning Board of Adjustment, unless otherwise provided by state law or the Mills River Town
, within thirty days of their receipt by the affected party.
(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00038, passed 11-21-2006; Am. Ord. 00055, passed 4-23-2009; Am. Ord. 00067, passed 7-22-2010; Am. Ord. 00066, passed 4-28-2011; Am. Ord. 00071, passed 3-22-2012; Am. Ord. 00079, passed 4-25-2013; Am. Ord. 00080, passed 5-23-2013; Am. Ord. 2018-03, passed 3-8-2018; Am. Ord. 2021-06, passed 4-22-2021)