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§ 154.047  MR-30 RESIDENTIAL DISTRICT.
   This district is intended to be a quiet consisting of single-family residences.
   (A)   MR-30 Residential District.  Within the MR-30 Residential District, the uses are permitted:
      (1)   Single-family dwellings.
      (2)   Churches, provided that:
         (a)   The are placed not less than 50 feet from any line.
         (b)   They are located with access to a , as be determined by the .
         (c)   There is a planted along the side and rear lines, except where the lines run parallel and contiguous with , streambeds, lakes and railroad tracks.
      (3)   Church cemeteries on contiguous to or adjacent to the principal church assembly , provided that all plots be set back at least 20 feet from any line.
      (4)   Church bulletin boards not exceeding 12 square feet in area.
      (5)   Signs not more than 4 feet square in area advertising the sale or rental of on which they are located.
      (6)   Customary , including private garages, noncommercial greenhouses and workshops.
      (7)    .
      (8)    .
      (9)   Child Care unregulated by the State of North Carolina.
      (10)    .
      (11)    be allowed as a secondary use as defined in this chapter.  They not be allowed in except by Minor as approved by the Board of Adjustment.  Application for a include justification for why the panels must be placed in the and show that there is no practical alternative.  be subject to the setback requirements for in each district.  Stand-alone be limited to 10 feet in height.  attached to be extend more than 5 feet above the .  Stand-alone that are secondary uses to residential uses not be required to buffer.  Stand-alone that are secondary uses to commercial uses be required to plant a along side and rear lines as defined in the zoning definitions.  Residential panels not produce more than 150% of the power required for the site.
      (12)   Wind turbines be allowed in all districts under a Major under § 154.138.  Wind turbines be required to have a setback from all lines of 2 times the fall radius of the wind turbine.
   (B)   Uses allowed under a Major .  The uses be permitted, subject to a finding by the Mills River Town Council that both the conditions in the definition of SPECIAL USE in § 154.007(B) and those conditions listed below will be met:
      (1)    , subject to the conditions listed under § 154.080 of this chapter.
      (2)   Residential duplexes, subject to meeting the lot size and dimensional requirements for lot area and dwelling unit area:
         (a)   A , as defined in § 154.007, is a structure consisting of two families living independently (emphasis added) of each other.
         (b)   A , as defined in § 154.007, is a single unit providing complete, independent (emphasis added), living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
         Example: A is planned for construction in a district requiring a 30,000 square foot minimum lot size and 30,000 square feet for each . Since a consists of two s the minimum lot area applies to each unit. Therefore, a consisting of two s requires a total of 60,000 square feet of lot size.
      (3)   Multi-family development, subject to the conditions listed under § 154.082 of this chapter.
      (4)   Medical, institutional care development, subject to conditions listed under § 154.084 of this chapter.
      (5)   Group 1 and activities as defined in and subject to the requirements in §§ 154.090 through 154.101 of Mills River Zoning Ordinance.
      (6)   Group 2 and activities as defined in and subject to the requirements in §§ 154.090 through 154.101 of Mills River Zoning Ordinance.
      (7)   Group 6 and activities as defined in and subject to the requirements in §§ 154.090 through 154.101 of Mills River Zoning Ordinance.
      (8)   Transformer and public stations, provided that:
         (a)   Transformer stations:
            1.   The are placed not less than 75 feet from any line.
            2.   The are enclosed by a woven-wire fence at least 8 feet high.
            3.   No vehicle or equipment is stored on the premises.
            4.   There is an evergreen planted along the side and rear lines of residential zoned .
         (b)   Public utility stations:
            1.   The are located on sufficient land to meet all setback requirements of this chapter.
            2.   The stations are completely enclosed, either by a or a wire fence at least 8 feet high.
            3.   There is an evergreen planted along the side and rear lines of residential zoned .
      (9)   Structured Home Environments, subject to the conditions listed under § 154.085.
   (C)   Uses allowed under a Minor .   The uses be permitted, subject to a finding by the Board of Adjustment that both the conditions in the definition of in § 154.007(B) and those conditions listed below will be met:
      (1)   Parks, , tennis and racquet clubs and . (Miniature and practice driving tees and illuminated operated for commercial purposes are not allowed.)
      (2)   Libraries.
      (3)    .
      (4)    , including auditoriums, theaters for the performing arts, museums, art galleries, symphony and concert halls and historical societies, provided that:
         (a)   The are placed not less than 50 feet from any line.
         (b)   They are located with access to a , as be determined by the .
         (c)   There is a planted along the side and rear lines, except where the lines run parallel and contiguous with , streambeds, lakes and railroad tracks.
         (d)   The facility is operated not for profit and satisfactory proof of the tax-exempt status of the organization is exhibited to the .
         (e)   One parking space is provided for each 2 seats in auditoriums, theaters and symphony and concert halls.
         (f)   One parking space for each 100 feet of gross floor space directed to patron use be provided for museums, art galleries and historical societies.
      (5)    , having multiple curricula and private schools having curricula approximately the same as ordinarily given in provided that:
         (a)   The are placed not less than 50 feet from any line.
         (b)   Play areas be placed not less than 20 feet from any line.
         (c)   There is a planted along the side and rear lines, except where the lines run parallel and contiguous with , streambeds, lakes and railroad tracks.
         (d)   The has at least 45 feet of frontage on a publicly owned and maintained road.
      (6)    and provided that:
         (a)   The are placed not less than 50 feet from any line.
         (b)   There is a planted along the side and rear lines, except where the lines run parallel and contiguous with , streambeds, lakes and railroad tracks.
         (c)   The has at least 45 feet of frontage on a publicly owned and maintained road.
      (7)    and provided that:
         (a)   There is a limit of 10 clients per day.
   (D)   Dimensional requirements.  Within the MR-30 Residential District, as shown on the Zoning Map of the Town of Mills River, the dimensional requirements be met:
      (1)   Minimum lot area:  30,000 square feet1.
      (2)   Minimum lot area per dwelling:  30,000 square feet1.
      (3)   Maximum size:  N/A.
      (4)   Maximum :  50 feet.
      (5)   Minimum setback from :  75 feet2.
      (6)   Minimum setback from all other :  60 feet
      (7)   Minimum setback:  30 feet.
      (8)   Minimum setback for every :  30 feet.
NOTE:
   1This minimum lot size not apply to existing residential lots nor lots which have been platted and recorded as residential lots with the Henderson County Register of Deeds as of 31 July 2004.  In cases where the Watershed Protection Ordinance requires a larger lot size, the Henderson County Water Supply Watershed Ordinance prevail.
   2Where the is more than 2 lanes, including parking lanes, setback requirements be measured and begin at a point on the pavement 12 feet from the edge of the paved abutting the subject .
   (E)   Buffer/ Requirements.
      (1)   Whenever any MR30 - Residential District non-residential rear and/or side line abuts upon a residential use with no intervening or highway or natural buffer, any or parking area used for non-residential purposes be screened with  a along the line(s) as defined in § 154.007(B).
      (2)   In all other cases, uses in the MR-30 Residential District comply with applicable landscaping and requirements in the Town of Mills River Landscape Ordinance.
(Ord. passed 3-1-2004; Am. Ord. 00013, 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. 00066, passed 4-28-2011; Am. Ord. 00080, passed 5-23-2013; Am. Ord. 2021-06, passed 4-22-2021)