Skip to code content (skip section selection)
Compare to:
§ 154.066 MR-MIXED USE DISTRICT.
   The MR-Mixed Use District is established to allow all uses (excluding and and ) but to regulate certain uses so as to ensure that impact is mitigated. The impact from the uses listed below will be mitigated through the use of minimum specific site standards combined with general standards which provide the flexibility to impose a higher level of specific site standards dependent upon the degree of impact.
   (A)   Minimum residential lot size. In keeping with the intent to enhance and protect the rural character of Mills River, residential lot sizes be no less than 30,000 square feet per single-family dwelling. This minimum lot size not apply to existing residential lots nor residential 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 prevail.
   (B)   Maximum residential density. In keeping with the intent to enhance and protect the rural character of Mills River, residential density shall not exceed 1 dwelling unit per 30,000 square feet of land for detached single-family dwellings. This density requirement shall not apply to multi-family developments, tiny home parks, park model parks, RV parks, and manufactured home parks, which may not exceed 4 dwelling units per acre, per §§ 154.082, 154.086 and 154.067.
   (C)   Definitions. The definitions are applicable in this § 154.066 and in other sections of this chapter only as specifically stated in the other sections:
      ACCESS ROAD CORRIDOR. A private passageway containing a road, , driveway, and the like, that provides the principal means of direct vehicular entry and/or exit between a regulated use and a paved, public road, or highway. An access road corridor be located entirely on the subject or on an appurtenant. An access road corridor contain a clear and unobstructed , except for any necessary security gates, and have a minimum vertical clearance of a least 13 feet, 6 inches.
      BUFFER. A continuous strip of land, measured from the lines or from any bordering or traversing the (whichever is closer to the or ), in which no development or may occur, but which may contain , , interior service roads not intended for patron use, , and gate or security houses. may cross the buffer at entrance and exit points only.
      EXTREMELY HAZARDOUS FACILITY. Any industrial facility that stores, handles, processes or manufactures any material, substance or product that is considered to be a Class 1 explosive; a Class 2, Division 2.3 gas (gases toxic by inhalation); a Class 6 toxic material or infectious substance; or a Class 7 radioactive substance or material, all as classified by the United States Department of Transportation Hazard Classification System.
      EXTREMELY HAZARDOUS SUBSTANCE. Any material, substance or product that is considered to be a Class 1 explosive; a Class 2, Division 2.3 gas (gases toxic by inhalation); a Class 6 toxic material or infectious substance; or a Class 7 radioactive substance or material, all as classified by the United States Department of Transportation Hazard Classification System.
      HEAVY INDUSTRY. Any establishment that is an as defined in § 154.066(A) of this chapter, or is a large quantity generator of hazardous waste as that term is defined by the North Carolina Department of Environment and Natural Resources. Specifically excluded from this definition are those establishments that are not that operate in an enclosed (s) or (s) having a total of less than 30,000 square feet; and those uses listed in § 154.066(G)(1)(a) through (k).
      SETBACK. A continuous strip of land, measured from the lines or from any bordering or traversing the (whichever is closer to the or ) in which no principal structure is permitted. Limited development, including and related development, parking lots and accessory and , , and interior service roads, may occur within the setback.
   (D)   Uses allowed by right. All uses are allowed by right in the MR-Mixed Use District unless otherwise regulated by this section or other parts of the Mills River Town Code. All uses must secure a zoning compliance permit from the Town of Mills River before beginning land disturbance or construction, to ensure that all Town permitting requirements are met.
      (1)   Accessory and of all uses allowed by right in the MR-Mixed Use District are exempted from those regulations contained in § 154.112.
   (E)   Uses governed by other ordinances. Within the MR-Mixed Use District the uses will be allowed but will be entirely governed by the specified ordinances adopted by the Mills River Town Council:
      (1)    : subject to compliance with Chapter 151 of the Mills River Town , as may be amended.
      (2)   Communication : subject to compliance with Chapter 152 of the Mills River Town , as may be amended.
   (F)   Uses permitted with standards.
      (1)   The uses be permitted with standards:
         (a)    (See § 154.087).
         (b)    (See § 154.087).
      (2)   Uses permitted with standards require a zoning from the .
      (3)      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 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 . 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.
      (4)   Wind turbines be allowed in all districts under a Major   under § 154.138. Wind turbines be required to have a from all lines of 2 times the fall radius of the wind turbine.
   (G)   (Reserved)
   (H)   .
      (1)   The     be permitted in the MR-Mixed Use District under a Major   , subject to the Mills River Town Council finding that both the general site standards stated in § 154.138 and those specific site standards listed in § 154.087, if any, will be met:
         (a)    .
         (b)    .
         (c)    .
         (d)    .
         (e)    .
         (f)    .
         (g)    .
         (h)    .
         (i)    .
         (j)    .
         (k)    .
         (l)    .
      (2)   It is expressly acknowledged that the above-referenced uses will not adversely affect the health or safety of persons residing or working in the of the proposed use and will not be detrimental to the public welfare or injurious to or public improvements in the as long as the site standards as specified in § 154.087 and the general site standards as specified in § 154.138(D) are met.
   (I)   Prohibited uses. The uses be prohibited in the MR-Mixed Use District:
      (1)    , unless preempted pursuant to G.S. § 130A-293.
      (2)    , unless preempted pursuant to G.S. § 104E-6.2.
      (3)    .
   (J)   Expansion and alteration of certain uses in the MR-Mixed Use District.
      (1)   Uses having a  . The requirements apply to those uses listed in § 154.066(G) which receive a   after the effective date of a Zoning Map of the Town of Mills River amendment applying the MR-Mixed Use District in the applicable area:
         (a)   Alteration of a use (without physical expansion). Alterations of the operations of a use be allowed as long as the alterations do not violate any specific standards of this chapter (see § 154.087), general standards of this chapter (see § 154.138) or conditions of the   . If an alteration would result in the violation of any specific standards of this chapter (see § 154.087), general standards of this chapter (see § 154.138) or conditions of the   , an amendment to the     be required, otherwise the alteration will be deemed a violation of this chapter. This subsection not be deemed to allow a use to change to another use listed in § 154.066(G) without applying for a new   . Alterations of operations include, but not be limited to, increases in productivity arising from the addition of equipment, the addition of employee shifts or the change of means and methods.
         (b)   Physical expansion of a use. A use may expand its facilities without any additional restrictions and without securing an amendment to the   if the specific standards of this chapter (see § 154.087), general standards of this chapter (see § 154.138), or the conditions of the , if any, will not be violated and if the total size of the or areas devoted to the after the proposed expansion would not be increased by more than 10%. Notwithstanding the foregoing, no use may expand in accordance with the terms of this exception on more than 2 occasions without securing an amendment to the   . All other expansions will require an amendment to the   . If any condition of the   will be violated by a proposed expansion to facilities, or the proposed expansion will result in more than 2 expansions to facilities pursuant to the exception contained herein above, or the expansion results in the total size of the or areas devoted to the being expanded by more than 10%, then the expansion will be deemed a violation of this chapter.
      (2)   Uses for which a   was not required when established. For those uses of the same type as those listed in § 154.066(G) constructed or established after the effective date of a Zoning Map of the Town of Mills River amendment applying the MR-Mixed Use District in the applicable area, which did not require a   when the use was constructed or established, any expansion or alteration to the operations, or any expansion or alteration to the or areas devoted to the , which bring the use within the definition for those uses listed in § 154.066(G) require a   . The entire use, including but not limited to the expansion or alteration, be required to comply with all applicable standards in the MR-Mixed Use District.
      (3)   Preexisting uses. For those uses of the same type as those listed in § 154.066(G) constructed or established before the effective date of a Zoning Map of the Town of Mills River amendment applying the MR-Mixed Use District in the applicable area the requirements apply:
         (a)   Alteration of a use (without physical expansion). Alterations of the operations of a use of the type listed in § 154.066(G) be allowed without a   if the use did not meet the definition of 1 of the uses listed in § 154.066(G) when constructed or established, and the alteration does not bring the use within the definition for 1 of the uses listed in § 154.066(G). If, however, the alteration will bring the use within the definition of 1 of the uses listed in § 154.066(G), then a     be required. Once a   is obtained for a preexisting use, however, further alterations be governed by § 154.066(I)(1)(a) above.
         (b)   Physical expansion of a use. Expansions of the facilities for uses of the type listed in § 154.066(G) be allowed without a   if the use would not have met the definition of one of the uses listed in § 154.066(G) when constructed or established, and the expansion does not bring the use within the definition for one of the uses listed in § 154.066(G). If, however, the expansion will bring the use within the definition of one of the uses listed in § 154.066(G) or the use would have met the definition of one of the uses listed in § 154.066(G) when constructed or established, then a     be required. Once a is obtained for a preexisting use, however, further expansions be governed by § 154.066(I)(1)(b) above.
         (c)   Applicable standards. Notwithstanding any provisions of this chapter, alterations or expansions to uses required to obtain a   pursuant to this § 154.066(I)(3) [whether or not they are later governed by § 154.066(I)(1)(a) or § 154.066(I)(1)(b) above] be required to meet the specific site standards listed in § 154.087 to the extent possible for the expanded or altered portion of the facility or operation only. Any the alteration or expansion be required to meet the general standards listed in § 154.138 with or without conditions imposed by the Mills River Town Council as allowed by this chapter. The conditions may include, but not be limited to, imposition of specific site standards of the types listed in § 154.087. Notwithstanding anything herein to the contrary, development occurring around a preexisting use will not affect the ability of the use to alter or expand its facilities or operations.
   (K)   Subsequent events. Events occurring subsequent to the date of an application for a   for those uses in the MR-Mixed Use District requiring the , including but not limited to the location of a health-care facility or within the stated or a change in the , not operate to invalidate the or affect the ability of the use to alter or expand its facilities or operations. In addition, development occurring around a preexisting use or a use for which a   was not required when established will not affect the ability of the use to alter or expand its facilities or operations.
   (L)   Dimensional requirements - nonresidential. Within the MR-Mixed Use District, as shown on the Zoning Map of the Town of Mills River, the dimensional requirements be met:
      (1)   Maximum size: 15,000 square feet. as defined in § 154.007(B) are exempt from this provision for size maximum.
      (2)   Maximum : 40 feet.
      (3)   Minimum   from : 75 feet. 2
      (4)   Minimum   from all other : 60 feet.
      (5)   Minimum rear and   : 30 feet.
   (M)   / requirements.
      (1)   Whenever any non-residential MR-Mixed Use rear and/or side line abuts upon a residential use with no intervening or highway or natural , any or parking area used for non-residential be screened with a along the line(s) as defined in § 154.007(B).
       (2)   In all other cases, uses in the MR-Mixed Use 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. 00066, passed 4-28-2011; Am. Ord. 00080, passed 5-23- 2013; Am. Ord. 2018-03, passed 3-8-2018; Am. Ord. 2018-10, passed 11-8-2017; Am. Ord. 2021-06, passed 4-22-2021; Am. Ord. 2024-03, passed 4-11-2024)