§ 154.058 MR-NEIGHBORHOOD COMMERCIAL.

   The purpose of this district is to provide for compatible residential and commercial uses, which protect and enhance the rural characteristic of Mills River.

   (A)   Uses. Within the MR Neighborhood Commercial district, the following uses are permitted:

      (1)   Retail business or service conducted within an enclosed building .

      (2)   Retail business making products sold primarily at retail on the premises.

      (3)   Other public utilities, public facilities and public buildings .

      (4)   Offices: business, professional, medical and public.

      (5)   Single-family dwellings.

      (6)   Family care homes .

      (7)   Adult Day Health Homes , Adult Day Health Centers , Adult Day Care Homes and Adult Day Care Centers .

      (8)   Child Care Centers .

      (9)   Family Child Care Homes and Incidental Home Occupations per § 154.105(G).

      (10)   Customary accessory buildings .

      (11)   Group 1 communications towers and tower activities as defined in and subject to the requirements in §§ 154.090 through 154.101 of Mills River Zoning Ordinance.

      (12)   Group 2 communications towers and tower activities as defined in and subject to the requirements in §§ 154.090 through 154.101 of Mills River Zoning Ordinance.

      (13)   Solar panels  shall be allowed as a secondary use as defined in this chapter. They shall not be allowed in front yards except by a Minor Special Use  Permit as approved by the Board of Adjustment. Application for a special use  shall include justification for why the panels must be placed in the front yard and show that there is no practical alternative. Solar panels  shall be subject to the setback requirements for structures in each district. Stand-alone solar panels  shall be limited to 10 feet in height. Solar panels attached to buildings  shall be extend more than 5 feet above the building . Stand-alone solar panels that are secondary uses to residential uses shall not be required to buffer. Stand-alone solar panels that are secondary uses to commercial uses shall be required to plant a buffer strip along side and rear property lines as defined in the zoning definitions. Residential panels shall not produce more than 150% of the power required for the site.

      (14)   Wind turbines shall be allowed in all districts under a Major Special Use  Permit under § 154.138. Wind turbines shall be required to have a setback from all property lines of 2 times the fall radius of the wind turbine.

   (B)   Uses allowed under a Minor Special Use  Permit . The following uses shall be permitted, subject to a finding by the Board of Adjustment that both the conditions in the definition of SPECIAL USES in § 154.007(B) and those conditions listed below will be met:

      (1)   Hospitals, clinics , veterinary clinics , libraries, schools and churches, excluding cemeteries.

      (2)   Restaurants, bed-and-breakfast establishments.

      (3)   Home occupations.

      (4)   Civic and cultural buildings , including auditoriums, theaters for the performing arts, museums, art galleries, symphony and concert halls and historical societies. The uses must meet the same site requirements stated in § 154.047(A)(9).

      (5)   Structured Home Environments, subject to the conditions listed under § 154.085.

   (C)   Dimensional requirements–Residential. Within the MR–Neighborhood Commercial District, as shown on the Zoning Map of the Town of Mills River, the following dimensional requirements shall be met:

      (1)   Minimum lot area: 30,000 square feet.1

      (2)   Minimum lot area per dwelling: 30,000 square feet1.

      (3)   Maximum building size: N/A.

      (4)   Maximum building height : 50 feet.

      (5)   Minimum front yard setback from major street: 75 feet2.

      (6)   Minimum front yard setback from all other streets : 60 feet.

      (7)   Minimum rear yard setback: 30 feet.

      (8)   Minimum side yard setback for every principal building : 30 feet.

   (D)   Dimensional requirements–non-residential. Within the MR–Neighborhood Commercial District, as shown on the Zoning Map of the Town of Mills River, the following dimensional requirements shall be met:

      (1)   Minimum lot area: 30,000 square feet.1

      (2)   Maximum building size: 10,000 square feet.

      (3)   Maximum building height : 30 feet.

      (4)   Minimum front yard setback from major street: 75 feet2.

      (5)   Minimum front yard setback from all other streets : 60 feet.

      (6)   Minimum rear yard setback: 30 feet.

      (7)   Minimum side yard setback for every principal building : 30 feet.

   NOTE:

   1   This minimum lot size shall not apply to existing residential lots nor lots which have been platted and recorded 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 shall prevail.

   2   Where the major street is more than 2 lanes, including parking lanes, setback requirements shall be measured and begin at a point on the pavement 12 feet from the edge of the paved street abutting the subject property .

   (E)   Maximum permissible lot coverage. The total ground area covered by the building in this district shall not exceed 50% of the total lot area.

   (F)   Buffer/Screening Requirements.

      (1)   Whenever any non-residential MR-Neighborhood Commercial District rear and/or side property line abuts upon a residential use with no intervening street or highway or natural buffer, any buildings or parking area used for non-residential purposes shall be screened with a buffer strip along the property line(s) as defined in § 154.007(B).

      (2)   In all other cases, uses in the MR-Neighborhood Commercial District shall comply with applicable landscaping and screening 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)