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) 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.
(C) 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.
(1) Accessory
and
of all uses allowed by right in the MR-Mixed Use District are exempted from those regulations contained in § 154.112.
(D) 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.
(E) 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.
(F) (Reserved)
(G) .
(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.
(H) 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)
.
(I) 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.
(J) 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.
(K) 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.
(L) / 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)