A Medical, Institutional Care Development (MICD) may be located in the MR-30, MR-MU, and MR-NC Districts as a
, subject to a finding by the Mills River
, on the advice and recommendation of the Town of Mills River Planning Board, that certain conditions be met. The purpose of this section is to permit the establishment of certain medical and institutional care facilities within individual residential districts and to minimize any detrimental effects of the facilities on existing or future land uses.
(A) Land development standards. The
land development standards
apply for all medical, institutional care developments:
(1) Ownership control. The land in an MICD
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 development can be legally completed by the applicant.
(2)
requirements. The proposed
of the MICD
be calculated using a combination of a persons per acre basis and a habitable
per acre basis and
conform to that permitted in the district in which the development is located as follows:
(a) The number of persons served by any proposed MICD
be calculated using the
criteria:
1. One person per health care bed.
2. One person per studio or efficiency unit.
3. One and a quarter persons per 1 bedroom unit.
4. One and a half persons per 2 bedroom unit.
5. Two persons per 3 bedroom unit.
(b) The maximum
(persons per acre) for an MICD
be 12.
(c) The number of habitable
per acre
be 1.45.
(3) Frontage requirements. MICD
be prohibited except on parcels of land having a minimum frontage of 200 feet on a paved, public,
-maintained road or highway.
(4) Minimum size. The minimum lot area for an MICD
be 10 contiguous acres. The required 10 acres
not be divided by, nor include, any portion of an existing public
or road right-of-way. Furthermore, no existing bodies of water
qualify as a portion of the required minimum lot area.
(5) Types of usage allowed. The
types of licensed medical and institutional care facilities are allowed within an MICD:
(a) Hospitals.
(b) Domiciliary homes for the aged and disabled.
(c) Continuing care facilities.
(d) Nursing homes.
(e) Combination homes as defined by G.S. § 131E-101(1).
(f) Customary
, including garages, storage
and service utility
.
(g) Recreational facilities intended exclusively for use by the residents and guests of the facility and which are an integral part of the development.
(h) Administrative offices and non- dwelling support services for the facility and accessory commercial uses, subject to the
conditions:
1. All sales
be for the use and convenience of the residents or guests of the facility.
2. All
not occupy more than 15% of the total floor area of the facility, except that in no case
the
exceed 12,000 square feet. No individual
permitted in this subsection
occupy more than 5% of the total floor area of the facility, except that in no case
any individual
exceed a minimum of 4,000 square feet.
3. No external advertising or signs
be allowed for any commercial activity permitted within or on any portion of the MICD.
(6) Design requirements.
(a) The normal minimum lot size, lot setbacks and lot frontage requirements of the respective district within which the MICD is located are hereby waived, provided that the spirit and intent of this section are complied with in the total development plan as determined by the
. The
exercise ultimate discretion as to whether the total development plan does comply with the spirit and intent of this section.
1. Setbacks. The developer
establish minimum lot setbacks as applicable. Non- dwelling
,
or facilities, such as, but not limited to, covered informational areas and private security booths, may be allowed within an adequate proximity to any adjacent
or road right-of-way within the MICD but
be located no closer than 25 feet to any exterior
line of the MICD.
2. Height limitations. No
or
containing
or bed facilities
exceed 35 feet in height from the highest ground elevation.
3. Required distance between
. The minimum distance between
in an MICD
be as follows:
a. All
located or situated end to end (shortest sides) and are less than 20 feet in height from the highest ground elevation
have a minimum
of 20 feet between
. When one (1) or both
exceed 20 feet in height from the highest ground elevation, the
be increased an additional one (1) foot for every foot of increased height to a maximum of 30 feet
.
b. All
located or situated side to side, or side to end (longest sides) and are less than 20 feet in height from the highest ground elevation
have a minimum
of 30 feet between
. When one (1) or more adjacent
exceed 20 feet in height from the highest ground elevation, the building
be increased an additional one (1) foot for every foot of increased height to a maximum of 40 feet.
c. The Planning Board may permit the minimum
for single-level
units to be reduced below the minimums stated above, provided that the construction of adjacent walls conforms with the North Carolina Building Codes, but in no case
be closer than 15 feet. When the minimum
is reduced, the area between
remain open and unobstructed.
(b) Every
have direct access to a paved, dedicated
and walkways to other
and areas dedicated for common or recreational use. Provision
be made for access for emergency vehicles to all sides of
or
containing
or bed facilities. All walkways
be hard surface, all-weather materials. Any pedestrian and wheelchair circulation system
be insulated as reasonably as possible to provide
of pedestrian and motorized vehicular traffic.
(c) Handicap accessibility. All portions of the development
conform to the minimum applicable federal,
or local laws and regulations pertaining to handicap accessibility unless otherwise required in this section.
(d) The location of
shown on the development plan
be so arranged as not to be detrimental to existing or other proposed
or to the character of the surrounding
.
(7) Privacy. Each development
provide reasonable visual and acoustical privacy for all units. 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. Multilevel
be located within a medical, institutional care development (MICD) in a way as to dissipate any adverse impact on adjoining low-rise
and
not invade the privacy of the
of the low-rise
.
(8) Perimeter requirements. If topographical or other barriers within 200 feet of the perimeter of the development do not provide reasonable privacy for existing uses adjacent to the development, the
may impose any of the
requirements:
(a)
located on the perimeter of the development 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.
(b)
other than single-level units, located on the perimeter of the development,
require
in a manner which is approved by the
.
(c) The location of the
on the perimeter of the development, as shown on the development plan,
be so arranged as not to be detrimental to existing
or to the adjacent
.
(d)
compatible with the character of the development may be required to protect residents from dangerous conditions existing on or off site or to provide increased security for the residents of the facility.
(9)
coverage. The total
coverage area, including non-dwelling
,
or facilities, but excluding roads, parking or service areas and recreational facilities,
not exceed 25% of the net lot area.
(11) Utilities. All utilities
conform to the
requirements:
(a) 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.
(b) Sewer system. The project
have an approved waste disposal system designed by a registered engineer, if applicable, and approved by the appropriate
and local agencies.
(c) 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.
(12)
design and access. All
within the MICD
conform to the North Carolina Department of Transportation standards for subdivision
. The MICD
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.
(13) Exterior
. An MICD
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 oriented, to the degree possible, to reduce glare within the project and onto adjacent
.
(14)
identification. All
be identified in a manner that will provide immediate recognition when viewed from the
or access drive.
(a) The landscaping plan
require that all exposed soils
be covered with a permanent cover. Landscaping or natural vegetation
cover at least 20% of the net project area.
(b) Provisions for the permanent maintenance of all landscaping and screen planting areas and materials
be provided.
(c) Where the
deems necessary, a screen planting or other architectural features
be provided to form a visual
between the MICD and adjacent residential uses.
(16) Design. The development
be designed in such a manner that the layout of parking areas, service areas, entrances, exits,
, courts, landscaping, signage,
, noise or other potentially adverse influences
be such as to protect the medical residential character within the development and desirable character in any adjoining
.
(B) Timing. If no development has occurred pursuant to the issuance of a
2
after the date of the
for the MICD, or upon the expiration of one 90 day extension of time for starting development granted by the
, the
become null and void and the procedures for application and review as outlined in this section
be required for any development on the subject
.
(C) Staged development (phasing). After general construction commences, the
review at least once every 6
all
issued and compare them to the overall development phasing program. If he or she determines that the rate of construction of residential units or nonresidential
substantially differs from the approved phasing program, he or she
so notify the developer, and the
may issue the appropriate orders to the developer as it sees fit and, upon continued violation of this subsection, may order the
to refuse any further
until the project is in general accordance with the approved phasing program.
(D) Open space required. A minimum of 20% of the total land area of the development
be set aside as permanent commonly owned open space. The open space
be exclusive of any required parking,
rights-of-way and roads or service areas required for operation and maintenance of the MICD and
be guaranteed as permanent in the site plan or other documents as may be required to be recorded.
(E) Maintenance. MICD
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,
and rights-of-way which would be legally enforceable. 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 an MICD
adhere to the
procedures:
(1) Pre-application conference. Prior to submission of an application for a
to the
, the applicant
arrange a pre- application conference with the Planning Board and its staff.
(a) The applicant
submit to the Planning Board a sketch development plan and a brief description of the proposed development strategy. The sketch plan and development strategy
show and describe the layout of the MICD, depicting proposed areas and types of development, open spaces and
.
(b) The pre-application conference is designed to inform the developer of the local government's regulations and policies concerning development alternatives and to inform the local government of the developer's intentions, enough to be able to give him or her some informal, non-binding 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 pre-application conference stage, the smoother the remaining steps of the review process will be.
(2) Application for a
. Upon completion of the pre-application conference, the applicant
submit to the
a
application for a Major
in accordance with § 154.180. The applicant
submit 11 copies of a preliminary development plan or final site plan and required documentation to the
at least 30 days prior to the Planning Board's first scheduled consideration of the project.
(3) Planning Board review. The Planning Board
review the preliminary development plan and final site plan for conformance with the provisions of this chapter and forward its recommendations to the
. If no action is taken by the Planning Board within 45 days of the meeting at which the Planning Board first considers the development plan, it
be deemed to have recommended approval of the development plan, and the
may proceed to act upon the application.
(4)
review. The
not issue a
until it has received recommendations from the Planning Board. The
submit a copy of their decision on a specific MICD to the Planning Board and the applicant. The decision of the
be to approve, disapprove or approve with conditions.
(5) Issuance of
. The
for the Town of Mills River or the Henderson County Building Inspector
not issue a certificate of zoning compliance or any
for any portion of the proposed project until the applicant is in compliance with the decision of the
.
(6) Waiver of preliminary development plan. An applicant may choose to omit the preliminary development plan, provided that the project is to be completed in a single phase and all required documentation is provided and submitted in accordance with this section.
(G) Preliminary development plan requirements. Upon application for an MICD and
the pre- application conference, an applicant
submit a preliminary development plan for the entire MICD project, except where a waiver is permitted in accordance with division (F)(6) above. The preliminary development plan
provide the
information on the plan and include accompanying documentation:
(1) The proposed name of the development and the names of the developer, land
, engineer, architect and landscape architect or other professionals.
(2) A site plan to a scale of not less than one (1) inch equals 50 feet, a North arrow, a vicinity map and date; topographic mapping with contour intervals of not more than 5 feet.
(3) A legal boundary description of the entire tract proposed for development, including a statement that the area shown on the preliminary site plan includes all the area and development currently under ownership, option or other consideration by the land
or developer shown on this plan. The description
include the location of all existing rights-of-way,
, streams or waterways, adjacent
uses, the names of adjacent
and identified flood hazard areas.
(4) Project layout including the location of all existing
and the proposed general location and allocation of
, road locations, accessory
and uses, setbacks, buffers and landscaping areas, natural areas, recreational facilities and areas and project phasing lines.
(5) Preliminary utility layouts with preliminary approval from the appropriate local or
agencies; the location of all other utilities within or adjacent to the development site.
(6) Proposed typical site details for
; signage; walkways;
and walls; landscaping; parking layout; cross section for roads, access roads and traffic volume; and any other pertinent site details. The site details
be accompanied by a
description of how services and improvements are to be provided.
(7) Preliminary information on the proposed plans with regard to the ownership and maintenance of common areas and facilities, open space, landscaping and
, roads and utilities.
(8) Documentation from the Henderson County Emergency Medical Service and the Mills River Fire Chief of the adequacy of the project's facilities for emergency medical and fire services.
(9) Documentation of submission of a preliminary or overall erosion control plan to the appropriate agency.
(10) A designation and description of the proposed phasing plan for the project, including the approximate timing schedule and the type of guaranty of performance to be requested.
(11) Summary of project data, including:
(a) Total project area.
(b) Approximate net project area.
(c) Total
permitted,
requested and method of calculating
(persons per acre).
(d) Approximate percent of
coverage.
(e) Approximate percent of open space.
(f) Approximate length of roads and designation as public or private.
(g) Type of units and conceptual plans and elevations for residential
.
(12)
documents. In addition to those indicated above:
(a) The zoning district or districts in which the project is located.
(b) A general statement of objectives to be achieved by the MICD through the particular approach proposed by the applicant.
(c) A statement of the applicant's intentions with regard to the future selling and/or leasing of all or portions of the MICD.
(13) Additional information. Any additional information required by the
in order to evaluate the impact of the proposed MICD. The
may waive a particular requirement if, in its opinion, the inclusion is not essential to a proper decision on the project. The advice and recommendations of the Planning Board is 1 of advisory capacity, and the
has final authority on granting or denying a
.
(H) Final site plan. Upon approval of the preliminary development plan by the
, except as waived under division (F)(6), the developer
submit a final site plan that
contain the
information:
(1) The proposed name of the development and the names of the developer, land
, engineer, architect, designer, landscape architect or other professional.
(2) The site plan to a scale not less than one (1) inch equals 30 feet, a North arrow, a vicinity map and date; topographic mapping with contour intervals of not more than 2 feet indicating existing and proposed contours.
(3) A legal boundary description of the entire tract proposed for development, the location of all existing rights-of-way,
, streams or waterways, adjacent
uses and the names of adjacent
. If the final plans are for a phase of the MICD, the specific phase of the project
be shown.
(4) Project layout, including the location of all existing
and, for each proposed principal and accessory
and use, setbacks, roads, off-
parking and loading layout. A typical cross section and public or private designation for all roads
be submitted if not approved with a preliminary site plan.
(5) Basic floor plans, rendered elevations or perspectives.
(6) The landscaping and
plans and the location of all walkways, recreational areas, fences and walls,
and signage. If the proposed typical site details for these items were not approved with a preliminary site plan, the details
be submitted with the final site plan.
(7) The location,
, size and gradient of all sanitary and storm sewers and water mains. The location of all other utilities within or adjacent to the development site.
(8) Method of buffering or concealing service areas,
retention and collection areas and mechanical equipment from public and residential areas.
(9) Method of collecting, channeling or piping to discharge stormwater into natural drainageways that will assure no damage to neighboring
.
(10) Approval of water and sewage systems; plans from the appropriate agency if applicable.
(11) Approval of the soil erosion and sedimentation control plan by the appropriate agency.
(12) Submission of the proposed documents for the ownership and maintenance of all common areas and facilities, open space, landscaping and
, roads and utilities.
(13) Submission of the proposed guaranty of performance provisions, including a list of all improvements to be covered by the guaranty agreement.
(14) Summary of project data, including:
(a) Total project area: area in proposed phase.
(b) Net project area in proposed phase.
(c) Total
proposed:
in proposed phase, including number of persons per acre.
(d) Percentage of
coverage in proposed phase in relation to project total
coverage.
(e) Percentage of
coverage in proposed phase in relation to project total open space.
(f) Length of roads and public or private designation in the proposed phase.
(15) Additional information. Any additional information required by the
in order to evaluate the impact of the proposed MICD. The
may waive a particular requirement if in its opinion the inclusion is not essential to a proper decision on the project. The advice and recommendations of the Planning Board is one (1) of advisory capacity, and the
has final authority on granting or denying a
.
(I) Initiation of construction. No construction ground-disturbing activities
be initiated until the preliminary or final site plans have been approved by the
, a guaranty of performance has been approved and until all local utility approvals and an approved soil erosion and sedimentation control plan have been received.
(J) Guaranty of performance.
(1) In order to insure that the public improvements are completed properly within a period of time specified, the developer
enter into a guaranty for completion with the
. A performance guaranty
be negotiated between the developer and the
prior to the issuance of the
by the
.
(2) The guaranty of performance
require that the developer complete the public improvements, including, but not limited to, roads, parking areas and rights-of-way; water and sewer facilities; drainage, erosion and sedimentation control facilities; and
and landscaping. The specific improvements to be guaranteed are to be designated with submission of the final site plan. The guaranty
be provided by a performance bond, letter of credit, certified check, cash escrow, cash payment or
bond as approved by the
. No certificate of occupancy may be issued until either the improvements are completed or adequate guaranties are approved.
(3) The guaranty of performance
be in an amount equal to 125% of the cost of the improvements included in the final site plan. If the project is to be completed in phases, the guaranty of performance may be applied to each phase. The release of a guaranty of performance by the
, in total or in part, based on the percentage of improvements completed,
be made upon a certification from the
that the improvements have been completed in accordance with the approved final site plan for a phase of the overall project or the entire project.
(K) Default. Upon default (meaning failure on the part of the developer to complete the required improvements as specified and within the time period specified in the guaranty) the developer
, if requested by the
, pay all or any portion as may be required of the guaranty to the Town of Mills River for the purpose of completing the specified improvements. Upon payment, the
, at its discretion, may expend the portion of the funds as it deems necessary to have completed all or any portion of the required improvements. The town
return to the institution any funds not spent in completing the improvements.
(L) Construction codes. The developer must comply with all applicable
and local construction codes and requirements.
(M) Amendments to the development plan. Minor changes in the location, siting or character of
and
may be authorized by the
, if required by engineering or other circumstances not foreseen at the time the final development program was approved; provided, however, that no change authorized by the
under this section may increase the size of any
or
by more than 10%, nor change the location of any
or
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 MICD, including changes listed below,
not be made without re-submission of the MICD according to the procedures in this section:
(1) A change in the use or character of the development.
(2) An increase in overall
.
(3) An increase in intensity of use.
(4) Alteration of the traffic circulation system.
(5) A reduction in approved open space.
(6) A reduction of off-
parking and loading space.
(7) Any change in ownership or control of all or a portion of the development.
(N) Failure to comply. Construction and/or use of the MICD
be set forth in the plans, application and supporting documents approved by the
. Construction and/or use differing from the approved plans and application, except as herein provided,
be deemed a violation of this chapter and subject to penalties as provided in
Administration and Enforcement
.
(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. 2021-06, passed 4-22-2021)