A multi-family
be located in the MR-30, MR-MU, and MR-NC district as a conditional zoning district
, subject to the final decision making authority of the Mills River Town Council, on the advice and recommendation of the Town of Mills River Planning Board, per the procedures identified in §§ 154.067, 154.196, and 154.197. The purpose of this section is to provide reasonable design standards for multi-family
for greater design flexibility and accommodate housing for current and future residents of the
. The
exercise ultimate discretion as to whether the total
plan does comply with the spirit and intent of this section.
(A) Land
standards. The
land
standards
apply for all multi-family
. Single-family dwelling detached homes and duplexes on individual lots are exempt from this section.
(1) Ownership control. The land in a multi-family
be under single ownership or management by the applicant before final approval and/or construction, or proper assurances (legal title or execution of a binding sales agreement)
be provided that the
can be successfully completed by the applicant.
(2)
requirements. The maximum
for multi-family
(
per acre)
be 4 units per acre.
(3)
,
right-of-way, utility station sites, lakes, ponds and other impervious
,
not be included when determining the total number of units available within a multi-family
.
(4) Frontage requirements. Multi-family
have the main entrance on a paved, public,
-maintained road or highway with a minimum parcel frontage of 200 feet and a minimum parcel depth of 200 feet.
(5) Minimum size. The minimum area for a multi-family
be 2 contiguous acres.
(6) Minimum requirements.
(a) The normal 30,000 square feet lot size, setbacks and frontage requirements are hereby waived for multi-family
.
(b) Height limitations. No
or
exceed 35 feet in height as measured from the highest ground elevation of the
or
to the highest point of the roof or facade whichever is greater.
(c) Required distance between
. The minimum distance between
be as follows:
1. All
located or situated end to end (shortest sides) and are less than 20 feet in height
have a minimum
of 20 feet between
. When one (1) or both
exceed 20 feet in height, the
be increased an additional one (1) foot for every foot of increased height to a maximum of 30 feet
.
2. All
located or situated side to side or end to end (longest sides) and are less than 20 feet in height
have a minimum
of 30 feet between
. When one (1) or more adjacent
exceed 20 feet in height, the
be increased an additional one (1) foot for every foot of increased height to a maximum of 40 feet
.
(d) Each
be no more than 150 feet in length.
(f) Publicly-owned and maintained water and sewer
be required for a multi-family development.
(g) A minimum of 15% of the parcel must be common open space. Of the required open space, a minimum of 20% and a maximum of 50% is required to be active use open space.
(7) Multi-family
considered in accordance with an overall plan
include provisions for:
(a) Parking. Parking spaces
be provided within the
at a ratio of 1½ spaces for each unit. No parking space
be closer than 10 feet to any residential
wall.
(b) Area regulations. No
be erected at a distance of less than 60 feet from the center line of any minor
on which the development abuts, nor less than the required side or rear lot line setback of the adjacent district; however, in no instance
the minimum side and rear lot line setback be less than 10 feet.
(c) Every
have direct access to an interior road and there
be provision for adequate vehicular circulation to all development
in order to insure acceptable levels of access for emergency vehicles.
(d) The location of
, shown on the
plan,
be so arranged as not to be detrimental to existing or other proposed
or to the
of the
.
(e) All utilities
conform to the
requirements:
1. Water system. Adequate water volume and pressure for domestic use and
be available to the proposed project. The water system
be designed by a registered engineer and approved by the appropriate
and local agencies.
2. Sewer system. The project
have an approved waste water disposal system designed by a registered engineer, if applicable, and approved by the appropriate
and local agencies.
3. Stormwater drainage. Stormwater runoff
be collected, channeled or piped to discharge into natural drainageways in a manner which will not cause erosion or adverse effects to adjacent
. The system
be designed by a registered engineer or other competent professional. The design
be for a 25-year storm and
incorporate requirements of the erosion and sedimentation control plan, both temporary and permanent facilities.
(f)
design and access. All
within the multi-family
conform to the North Carolina Department of Transportation standards for subdivision
. The multi-family
have at least one (1) primary entrance/exit onto a public roadway and one (1) emergency entrance/exit. A turning or deceleration lane
be provided.
(g) Exterior
. A multi-family
provide an exterior
system for adequate resident safety along access drives, service areas, pedestrian walks and recreation areas. The
system
be designed in keeping with the scale and architectural harmony of the project. Fixtures
be cutoff, full cutoff, and/or shielded fixtures, and oriented to reduce glare within the project and onto adjacent
. A
plan and fixture specifications shall be submitted for
review.
(h)
identification. All
be identified in a manner that will provide immediate recognition when viewed from the
or access drive.
(8) Privacy. Each
provide reasonable visual and acoustical privacy for all
. Fences, insulation, walls, barriers, and landscaping
be used as appropriate for the protection and aesthetic enhancement of
and the privacy of its
,
of objectionable views or uses, and reduction of noise. Multi-family
be located in a way as to dissipate any adverse impact on adjoining low-rise
and
not invade the privacy of the
of such low-rise
.
(a) Perimeter requirements. A 10-foot evergreen planted
be provided where ever the
adjoins the boundary or
line of a residential use meeting the requirements of § 154.007.
(b) If topographical or other barriers within 200 feet of the perimeter of the
do not provide reasonable privacy for existing uses adjacent to the
, the
impose any of the
requirements:
1.
located on the perimeter of the
must be set back from
lines and rights-of-way of abutting
in accordance with the provision of this chapter controlling the district within which the
is situated.
2.
other than single-family detatched units located on the perimeter of the
require
in a manner which is approved by the
.
3. The location of the
on the perimeter of the
, as shown on the
plan,
be so arranged as not to be detrimental to existing
or to the adjacent
.
(9) Plans and accompanying documentation to ensure that the water and sewer systems proposed for the multi-family
have been designed by a professional engineer, and have been approved by the appropriate local and
agencies,
be submitted as a part of the application.
(10) Preliminary plans
be include parking provisions for all proposed uses within the multi-family
in accordance with § 154.105.
(11) Any pedestrian and bicycle path circulation system and its related walkways
be insulated as reasonably as possible in order to provide
of pedestrian and motorized vehicular traffic.
(12) Layout of parking areas, service areas, entrance, exits,
, courts and landscaping and control of signs,
, noise or other potentially adverse influences
be such as to protect the residential character within the
and the desirable character in any adjoining
.
(B) Timing. Preliminary masterplans be considered and approved for a conditional zoning district, prior to the final masterplan approval. This allows the applicant an opportunity to request a conditional zoning district for a multifamily without fully engineered construction details and plans. Preliminary and final masterplan approvals are valid for 2 . The , for just cause, grant a single extension of the masterplan approval for a maximum of 1 additional . Conditional zoning review processes should adhere to § 154.197(D).
(C) Staged
(phasing). After general construction commences, the
review at least once every 6
all
issued and compare them to the overall
phasing program. If he or she determines that the rate of construction of residential units substantially differs from the approved phasing program, he or she
so notify the developer, and the
issue such appropriate orders to the developer as it sees fit and, upon continued violation of this division,
order the
to refuse any further
until the project is in general accordance with the approved phasing program.
(D) Conveyance of open space, recreational areas and communally owned facilities.
(1) Common open space, recreational areas and communally owned facilities
be guaranteed by a restrictive covenant describing the areas and facilities and their maintenance and improvement, running with the land for the benefit of residents of the planned residential
or adjoining
or both.
(2) The applicant must submit to the
the legal documents which will produce the aforesaid guaranties and, in particular, will provide for restricting the use of common areas and facilities for the designated purposes.
(E) Maintenance. Multi-family
be approved subject to the submission of an instrument or instruments setting forth a plan for permanent care and maintenance of permanent open spaces, recreational areas,
, rights-of-way and communally owned facilities which would be legally enforceable. The developer
create a homeowners' association and submit bylaws and rules and regulations governing the association. The developer
be required to include in every deed he or she makes that membership be mandatory for each home buyer.
(1) The provisions
include, but not be limited to, the
:
(a) The homeowners' association must be set up before the homes are sold.
(b) The open space restrictions must be permanent not just for a period of
.
(c) The association must be responsible for liability insurance, local taxes and the maintenance of recreational and other designated facilities.
(d) Homeowners must pay their pro rata share of the cost; the assessment levied by the association can become a lien on the
.
(e) The association must be able to adjust the assessment to meet changed needs.
(2) No such instrument
be acceptable until approved by the Town Attorney as to legal form and effect and the
as to suitability for the proposed uses.
(F) Procedures for application and review. An applicant desiring to develop a mulit-family
adhere to the
procedures:
(1) Preapplication conference. Prior to submission of an application for a conditional zoning district to the , the applicant shall arrange a preapplication conference with the .
(a) The applicant
submit to the
a sketch
plan and a brief description of the proposed
strategy. The sketch plan and
strategy
show and describe the layout of the
, depicting proposed areas and types of residential
, open spaces and recreation areas and
.
(b) The preapplication conference is designed to inform the developer of the local government’s regulations and policies concerning
alternatives and to inform the local government of the developer’s intentions, enough to be able to give him or her some informal, nonbinding feedback on the acceptability of his or her ideas. The greater the level of common understanding between the developer and the local government that can be achieved at the preapplication conference stage, the smoother the remaining steps of the review process will be.
(2) Conditional zoning. Upon completion of the preapplication conference with the staff, the applicant submit to the a application for a conditional zoning district in accordance with § 154.197(B)(2).
(3) Preliminary or final masterplan. After the preapplication conference and with the submission of a application for a conditional zoning, the applicant also submit a preliminary final or masterplan. The not approve a conditional zoning district until it has received recommendations from the Planning Board. If no action is taken by the Planning Board within 30 days of the meeting at which the Planning Board first considers the masterplan, it be deemed to have recommended approval of the masterplan, and the proceed to act upon the application, except that if by mutual agreement between the Planning Board, the applicant, and 30 days is insufficient to review the request due to its size and/or complexity, the Planning Board have 60 days to complete the review and submit a recommendation to Council.
(4) The Planning Board
review the masterplan for conformance with the land
standards of this section, the sketch plan and
strategy presented in the preapplication conference and the requirements of the plan which
include the following information and supporting documentation:
(a)
documents.
1. A legal description of the total site proposed for
, including a statement of present and proposed ownership.
2. The zoning district or districts in which the project is located.
3. A general statement of objectives to be achieved by the multi-family
through the particular approach proposed by the applicant.
4. A
schedule indicating approximate beginning and completion dates of the
, including any proposed stages.
5. A statement of the applicant’s intentions with regard to the future selling and/or leasing of all or portions of the multi-family
.
6. Quantitative data for the
: proposed total number of
, parcel sizes, gross
and total amount of open space.
7. Plan for maintenance of common areas, recreation areas, open spaces, utilities,
and/or vehicular circulation facilities.
(b) Site plan and supporting maps. A map or maps drawn to an appropriate scale, with the date of preparation and north point,
include the
information:
1. Existing site conditions, including contours at 5-foot vertical intervals, watercourses, identified flood hazard areas and any unique natural or man-made features.
2. Boundary lines of the proposed
, proposed lot lines and plot designs.
3. The locations, dimensions and arrangements of all open spaces and areas devoted to planting, lawns, trees or similar purposes, with a description including the height and
of all trees or planting to be used for
.
4. Proposed location and use of all existing
.
5. The location, use, plan and dimension of each
or
to be constructed.
6. Location and size of all areas to be conveyed, dedicated or reserved as common open space, parks, recreational areas,
sites and similar public and semipublic uses.
7. The existing and proposed
and/or vehicular circulation facilities, including off-
parking areas, service areas, loading areas and major points of access to public rights-of-way, notations of proposed ownership of
and/or vehicular circulation facilities (public or private) and
; documentation from Henderson County Emergency Medical Services and the Mills River Fire Chief of the adequacy of the development's facilities for emergency medical and fire services.
8. Approximate location of proposed utility systems, including documentation approving the proposed water and sewer systems from the appropriate local and
agencies. Water and sewer documentation must reflect the current
name and densities, be issued within the past 6
and state that the public entity intends to accept both flow and maintenance. Documentation of an approved sedimentation and erosion control plan
also be submitted.
9. Location and/or notation of existing and proposed
and rights-of-way.
10. Information on adjacent land areas, including land use, zoning classifications, public facilities and any unique natural features.
(c) Additional information. Any additional information required by the Mills River Town Council in order to evaluate the impact of the proposed multi-family . The waive a particular requirement if, in its opinion, the inclusion is not essential to a proper decision on the project. The advice and recommendation of the Planning Board is one of an advisory capacity, and the has final authority on granting or denying a conditional zoning district.
(5) Amendments to the masterplan. Minor changes in the location, siting or character of buildings and structures
be authorized by the Town Manager or
, if required by engineering or other circumstances not foreseen at the time the masterplan was approved; provided, however, that no change authorized by the
under this section
increase the size of any building or structure by more than 10%, nor change the location of any building or structure by more than 10 feet in any direction, nor make any changes beyond the minimum or maximum requirements set forth in this chapter. All other changes in the multi-family
, including changes listed below,
not be made without resubmission of themulti-family
according to the procedures, in this section and § 154.197. Any minor modification of a masterplan
follow the procedures of § 154.197(B)(2)(e).
(a) A change in the use or character of the
.
(b) An increase in overall
.
(c) An increase in intensity of use.
(d) Alteration of the traffic circulation system.
(e) A reduction in approved open space.
(f) A reduction of off-
parking and loading space.
(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. 10-13-2005; Am. Ord. 00038, passed 11-21-2006; Am. Ord. 00041, passed 4-26-2007; Am. Ord. 00083, passed 10-10-2013; Am. Ord. 2021-06, passed 4-22-2021; Am. Ord. 2024-02, passed 2-22-2024)