The purpose of this district is to facilitate orderly development in rural areas not well served by public utilities where the primary uses of land are single-family residential on large lots, agricultural, and rural light commercial uses. This district is meant to allow uses compatible with the
's rural areas while also maintaining the rural and small town character of the community.
(A) MR-RR, Rural Residential District. Within the MR-RR Rural Residential District, the following uses are permitted:
(1) Single-family dwellings.
(2) Accessory dwelling units conforming to the standards of § 154.065(F).
(3) Duplexes. An attached, two-family dwelling.
(4) Religious institutions and churches.
(5) Cemeteries on property contiguous to or adjacent to the principal church or religious assembly building, provided that all plots shall be set back at least 20 feet from any property line.
(6) Signs not more than 4 feet square in area advertising the sale or rental of property on which they are located.
(7) Customary accessory buildings, including private garages, noncommercial greenhouses and workshops.
(8) Farm and produce stands.
(9) Family care homes.
(10) Family child care homes.
(11) Childcare facilities.
(12) Club or lodge.
(13) Community building.
(14) Adult day care facilities.
(15) Public facilities and public buildings associated with a governmental or public entity providing a public service.
(16) Indoor commercial shooting range with or without onsite weapons sales.
(17) Riding stables.
(18) Parks and public recreational facilities.
(19) Golf course and/or country club.
(20) Camp.
(21) Bed and breakfast.
(22) Incidental home occupations.
(24) Solar panels shall be allowed as an accessory use as defined in this chapter. They shall not be allowed in front yards except by minor special use permit as approved by the Board of Adjustment. Application for a special use permit 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.
(1) Planned residential developments, subject to the conditions and procedures listed under § 154.081.
(2) Single-family residential cluster developments, subject to the conditions and procedures listed under § 154.080.
(3) Medical, institutional care development, subject to the conditions and procedures listed under § 154.084.
(5) Structured home environments, subject to the conditions and procedures listed under § 154.085.
(6) Manufactured home parks, subject to the conditions and procedures listed under Chapter 151.
(1) Landscaping materials sales and storage.
(2) Machining, assembly, and service operations in an enclosed building of 7,500 sf or less of gross floor area.
(3) Offices: business, professional, and public.
(4) Kennel and animal boarding facilities.
(5) Transformer and public utility stations, provided that:
(a) Transformer stations.
1. The structures are placed not less than 75 feet from any property line.
2. The structures 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 buffer strip along the side and rear property lines.
(b) Public utility stations.
1. The structures are located on sufficient land to meet all setback requirements of this chapter.
2. The stations are completely enclosed, either by a building or a wire fence at least 8 feet high.
3. There is an evergreen planted buffer strip along the side and rear property lines.
(D) Dimensional requirements - nonresidential. Within the MR-RR Rural Residential District, as shown on the Zoning Map of the Town of Mills River, the following dimensional requirements shall be met for nonresidential uses:
(1) Minimum lot area: 1.5 acres. 1
(2) Maximum building size: 7,500 square feet.
(3) Maximum building height: 30 feet.
(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.
(E) Dimensional requirements - residential. Within the MR-RR Rural Residential District, as shown on the Zoning Map of the Town of Mills River, the following dimensional requirements shall be met for residential uses:
(1) Minimum lot area: 1.5 acres 1
(2) Maximum density: 1.5 acres per principal dwelling unit.
(3) Maximum building size: N/A.
(4) Maximum building height: 40 feet.
(5) Minimum front yard setback from major street: 40 feet.
(6) Minimum front yard setback from all other streets: 30 feet.
(7) Minimum rear yard setback: 15 feet.
(8) Minimum side yard setback for every principal or accessory building: 15 feet.
(F) Accessory Dwelling Unit (ADU) standards.
(1) Only 1 accessory dwelling unit shall be permitted and only on a lot containing a principal single-family dwelling unit in the MR-RR Zoning District.
(2) The accessory dwelling unit shall not be considered a separate dwelling unit for the purpose of determining maximum residential density or minimum lot size requirements.
(3) The maximum size of an accessory dwelling unit shall be 1,000 sf or 60% of the gross floor area of the principal dwelling on the lot, whichever is less.
(4) The accessory dwelling unit shall adhere to the building setback requirements for principal buildings in the MR-RR Zoning District.
(5) The accessory dwelling unit may be located within the same structure as the principal dwelling unit, or it may be a separate structure. If within the same structure as the principal dwelling, the accessory dwelling unit shall have a separate and distinct entrance. If an accessory dwelling unit is located in a separate structure, the following standards shall apply:
(a) The accessory structure housing the accessory dwelling unit shall be located behind the principal dwelling.
(b) Vehicular access to the accessory dwelling unit shall be via the same private driveway that provides access to the principal dwelling unit.
(6) One parking space shall be provided for the accessory dwelling unit.
(7) The use of manufactured homes, mobile homes, travel trailers, campers, tiny homes, park models, recreational vehicles, or similar units as an accessory dwelling is prohibited.
(8) The accessory
shall not be subdivided or separated from the lot that contains the principal dwelling unit for the property.
(9) The accessory
shall not be deeded and/or conveyed to separate and/or distinct ownership different from the principal
.
(G) Buffer and screening requirements.
(1) Whenever any MR-RR Rural Residential District non-residential 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-RR Rural Residential 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. 2024-10, passed 6-13-2024)
Notes
| 1 | This minimum lot size shall not apply to existing lots nor lots which have been platted and recorded with the Henderson County Register of Deeds as of July 31, 2004, nor lots which have been platted, recorded, and approved by the Town of Mills River prior to the effective date of this zoning district ordinance. |
| 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. |
| 1 | NOTE: This minimum lot size shall 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 July 31, 2004, nor lots which have been platted and recorded as residential lots and approved by the Town of Mills River prior to the effective date of this zoning district ordinance. |