SPECIAL BOARD MEETING of October 25, 2006, with Mayor Pro Tem Amy
Patterson and Commissioners H. N. James, Alan Marsh, Hank Ross, and
Dennis DeWolf present; Mayor Don Mullen was out of Town.
Also present were Richard Betz, Larry Gantenbein, Griffin Bell, Clem
Patton, Ginger Slaughter, Sonjia Stewart, Kim and Jim Lewicki, Eric
Nesmith, Lindsey Wisdom, Mike Bryson, Pat Taylor, Lee Hodges, and
others.
I. Call to Order.
Mayor Pro Tem Patterson called the Special Board Meeting to order at
7:00 p.m.
II. Business.
The Mayor Pro Tem stated that the purpose of this Special Meeting was
to consider the proposed amendments of the Zoning Ordinance and Map,
creating a new Section 213, B-5 ETJ Mixed Use District, and Section
214, R-4 ETJ Residential District. Public hearings on the
amendments had been held on October 4. She said that she
appreciated all the hard work the Planning Board had done on this, and
said her philosophy was that zoning should be more protective than
restrictive, protecting what we have, not necessarily changing it to
remake Highlands. Comm. Ross agreed. The Board then
considered in some detail the amendments
1. Amendment of Zoning Ordinance - Section 214, R-4
ETJ Residential District. The Board discussed encroachments in
setbacks, parking of equipment, home occupations, home-based
businesses, "grand-fathering," and other issues.
MOVED BY COMM. ROSS SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY CARRIED
TO ADOPT THE AMENDMENT AS PROPOSED.
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Section 214. R-4 ETJ Residential District.
214.1. General description.
The R-4 ETJ Residential District is a low to medium
density residential district for single-family dwellings, with
customary accessory outbuildings, including home occupations, together
with such other related uses which are of a residential character or
contribute to the residential character of the district.
214.2. General
Regulations.
The general regulations set forth in Article 100
of this Ordinance apply to the R-4 ETJ Residential District.
214.3. Permitted uses.
Within the R-4 ETJ Residential District, no
structure or land shall be used, and no structure shall be hereafter
erected, relocated, reconstructed, or structurally altered, unless
otherwise provided in this Ordinance, except for one or more of the
following purposes:
(A) Single-family dwellings,
including the following:
(1) Modular homes, as
defined by this Ordinance.
(2) Manufactured homes, as
defined by this Ordinance, provided they have been constructed after
July 1, 1996, and all of the following conditions are met:
(a) The unit is occupied by persons owning the
land on which the unit is located.
(b) The tongue, axles, removable towing
apparatus, and transporting lights are removed after final placement on
the site.
(c) A continuous, permanent masonry curtain
wall or foundation, unpierced except for ventilation and covered
access, is installed under the unit.
(d) The finished width of the base unit is not
less than twenty-four (24) feet.
(e) The pitch of the roof has a minimum
vertical rise of one foot for each four feet of horizontal rise (1:4)
and the roof is finished with shingles.
(f) The exterior siding consists predominantly
of horizontal or vertical vinyl, aluminum, wood, or hardboard siding
(3) Any customary
accessory outbuildings appurtenant to single-family dwellings,
including private garages and non-commercial buildings such as
greenhouses and workshops. In addition, not more than one camping
trailer, motor home, or similar recreational vehicle may be parked by
any property owner on his own property, provided that it is not
occupied, not connected to any water, sewerage, or power supply, and is
parked within applicable setback lines. This provision shall not
apply to trailer parks, whether or not the property is being used for a
conforming or for a permissible non-conforming use.
(4) Customary
incidental home occupations, as defined by this Ordinance, provided the
only external evidence of the occupation is a sign complying with
Section 405.2(A)(2).
(B) Non-commercial parks and
playgrounds.
214.4 Uses permitted by Special
Use Permit.
The following uses may be permitted in the R-4 ETJ
Residential District after review, approval, and the issuance of a
Special Use Permit in accordance with Article 500:
(A) Private schools.
(B) Bed and breakfast homes, see
Section 504.
(C) Churches and other places of
public worship.
214.5 Minimum residential lot size
and width.
(A) Minimum lot size for parcels situated in
whole or in part
in a Highlands Watershed
Overlay District
shall meet or exceed the minimum
parcel size permitted by the applicable Watershed Overlay
District.
(C) Minimum lot size for parcels not situated
in
a Highlands Watershed Overlay District is 22,000 square feet per single
family dwelling.
(D) Minimum lot width at building line is 70
feet.
214.6 Setbacks.
No building within the R-4 ETJ Residential District
may be erected within twenty-five (25) feet of the right-of-way line of
any public or private road, nor within ten (10) feet of the property
line of an adjoining ownership; if no right-of-way line is defined
among the public records of Macon County, North Carolina, no building
may be erected within fifty-five (55) feet of the road centerline of a
North Carolina or U. S. primary route, nor within forty (40) feet of
the road centerline of any other public or private road.
For the purpose of this Section, the setback
distance shall be measured horizontally from the right-of-way line,
road centerline, or adjoining property line to the nearest projection
of the building, including any eave, dormer, deck, or other part
attached thereto and any portion of the building located below
grade. However, doors, windows, marquees, canopies or fixed
awnings, and movable metal or canvas awnings shall be permitted to
encroach on the setback area.
214.7 Structure height.
No structure located within the R-4 ETJ Residential
District shall have more than three habitable stories, exclusive of
basement, nor shall the height of the structure exceed thirty-five
feet. For the purpose of this provision, the height of the
structure shall be the vertical distance from the established grade
elevation at the center of the front of the structure to the highest
point of the roof or parapet of the structure.
214.8 Sign regulations.
The sign regulations set forth in Article 400 shall
apply to the R-4 ETJ Residential District.
214.9 Off-street parking and
loading.
The minimum requirements for off-street parking and
loading are set forth in Article 300 of this ordinance. These
requirements shall apply to all new buildings and uses and to additions
to existing buildings and uses in the R-4 ETJ Residential District.
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2. Amendment of Zoning Ordinance - Section 213, B-5
ETJ Mixed Use District. The Board discussed setbacks, buffers,
signs, landscape buffers for storage areas, and review of landscape
plans for buffers by the Appearance Commission. The consensus was
that the words "and adjoining property" should be inserted in Section
213.3(E)(4) after "public road" so that storage yards also be screened
from adjoining property. The consensus was that the words "the
Zoning Board on recommendation of" be inserted in the second paragraph
of Section 213.6 to make clear that the Appearance Commission only
makes recommendations on the buffer. The consensus was also that
"B-5" be inserted in the appropriate places in Sections 405.2(C) and
(E) - so that free-standing and shopping center signs be treated the
same in B-5 as in B-3.
MOVED BY COMM. MARSH, SECONDED BY COMM. MARSH, AND UNANIMOUSLY CARRIED
TO ADOPT THE AMENDMENT WITH THE CHANGES NOTED ABOVE.
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Section 213. B-5 ETJ MIXED USE DISTRICT.
213.1. General Description.
The purpose of the B-5 ETJ Mixed Use District is to
manage development along the primary highways into Highlands to protect
and enhance the natural beauty of these corridors. This zoning district
permits mixed retail, commercial and residential uses such as small
shopping centers, offices and incidental apartments. Motels,
restaurants, service stations, and uses such as multifamily dwellings,
storage warehouses and heavy machinery storage are permitted as Special
Uses.
213.2. General regulations.
The general regulations set forth in Article 100 of
this Ordinance apply to the ETJ Mixed Use District.
213.3. Uses not requiring a
Special Use Permit.
Within the ETJ Mixed Use District, no structure or
land shall be used, and no structure shall be hereafter erected,
relocated, reconstructed, or structurally altered, unless otherwise
provided in this Ordinance, except for one or more of the following
purposes:
(A) Single-family dwellings,
including the following:
(1) Modular homes, as
defined by this Ordinance.
(2) Any customary accessory outbuildings
appurtenant to single-family dwellings, including private garages and
non-commercial buildings such as greenhouses and workshops. In
addition, not more than one camping trailer, motor home, or similar
recreational vehicle may be parked by any property owner on his own
property, provided that it is not occupied, not connected to any water
or sewerage, and is parked within applicable setback lines. This
provision shall not apply to trailer parks, whether or not the property
is being used for a conforming or for a permissible non-conforming use.
(3) Apartments
located within, and incidental to, a building used primarily for
commercial uses. More than one apartment may be located within a
building of mixed occupancy, in conformance with the residential
density as defined by Section 213.5(A); however, despite Section 502.1
of this Ordinance, the building shall not be considered "multi-family."
(B) Non-commercial parks and
playgrounds.
(C) Government buildings of any kind.
(D) Commercial uses:
(1) Retail or wholesale
businesses without drive-through windows including auction houses, art
galleries, bakeries, clothing stores, delicatessens, drug stores,
flower shops, garden supply centers, and hardware stores. Pet
shops, veterinary clinics, kennels, or animal shelters shall be
permitted provided they have no outdoor facilities for animals.
(2) Retail service
businesses including banks and similar financial institutions, barber
shops, beauty shops, funeral homes, laundry and dry cleaning
establishments, museums, repair shops, and small woodworking, cabinet
or similar shops having motor-driven tools not exceeding five
horsepower.
(3) Professional offices or
studios including those of accountants, architects, artists, attorneys,
contractors, dentists, engineers, insurance agents, land surveyors,
musicians, photographers, physicians, real estate brokers, and
surveyors.
(4) Each business shall
have a minimum of 800 square feet of floor space if located in a newly
constructed building or in an existing building in which the number of
business occupants is increased as a result of remodeling. Each
professional office or studio shall have a minimum of 400 square feet
of floor space if located in a newly constructed building or in an
existing building in which the number business occupants is increased
as a result of remodeling. The maximum foundation footprint for
all new commercial construction in the ETJ Mixed Use District shall not
exceed 15,000 square feet per building.
(E) Outdoor storage yards
containing materials for sale such as building or construction supply
centers, lumber yards, and hardware stores, provided the following
conditions are met:
(1) No
salvaged, discarded, junk, or other similar material awaiting salvage,
recycling, or disposal shall be placed in an outdoor storage yard;
(2) No material
shall be placed in an outdoor storage yard which could be moved by the
elements out of the storage yard;
(3) No paper,
rags, cloth, or other fibers may be stored in an outdoor storage yard;
and,
(4) All such
storage yards which adjoin or are visible from a public road and
adjoining property shall be screened from view by appropriate fencing
or an opaque, ten-foot wide landscaping buffer comprised of existing
native plants and trees, augmented as necessary in accordance with
Appendix D of this Ordinance. For uses permitted by Special Use Permit,
buffer landscaping plans shall be approved by the Zoning Board of
Adjustment. For permitted uses, buffer landscaping plans shall be
approved by the Zoning Administrator.
213.4 Uses requiring a Special Use
Permit.
The following uses may be permitted in the ETJ Mixed
Use District after review, approval, and the issuance of a Special Use
Permit in accordance with Article 500. The maximum foundation
footprint for all new commercial construction in the ETJ Mixed Use
District shall not exceed 15,000 square feet per building.
(A) All new
commercial construction, additions to existing commercial property, and
remodeling of existing commercial buildings which would result in an
increase in the number of business occupants in the buildings.
(B) Arts and crafts fairs
and other similar transient retail businesses.
(C)
Places of entertainment, including indoor theaters, dance halls,
skating rinks, and bowling alleys.
(D) Hotels and
motels.
(E) Restaurants, as defined
by this Ordinance.
(F) Automotive and heavy
machinery service centers or stations.
(G) Service or
fuel stations with or without convenience stores.
(H) Private
schools.
(I) Day care
centers, as defined by this Ordinance.
(J)
Private social clubs.
(K) Bed
and breakfast homes, see Section 504.
(L) Storage
facilities.
(M) Flammable liquid
storage facilities.
(N) Churches
and other places of public worship.
(O) Multi-family dwellings,
including apartments, condominiums, cooperatives, and any other legally
recognized form of ownership for similar dwellings.
(P)
Supermarkets.
213.5 Minimum
residential lot size and width.
(A) 6,000 square feet per
family for incidental apartments permitted by Section 213.3(A)(3).
(B) 11,000 square
feet per family for multifamily dwellings in accordance with Section
502.6.
(C) 22,000
square feet per family for all other single family dwellings.
(D) Minimum lot width
at building line is 60 feet.**
**Except that the minimum lot width shall not apply to incidental
apartments permitted by 213.3(A)(3)and multi-family dwellings permitted
by 213.4(O).
213.6 Setbacks.
No building within the ETJ Mixed Use District may be
erected within twenty (20) feet of the right-of-way line of any public
or private road, nor within ten (10) feet of the property line of an
adjoining ownership; if no right-of-way line is defined among the
public records of Macon County, North Carolina, no building may be
erected within fifty (50) feet of the road centerline of a North
Carolina or U.S. primary route, nor within forty (40) feet of the road
centerline of any other public or private road. However, no
setback shall be required from dead end service drives or alleyways
serving commercial businesses for loading, unloading, and employee
parking within the ETJ Mixed Use District.
Right-of-way setbacks from a North Carolina or U.S.
primary route shall be maintained as green buffers comprised of
existing native plants and trees, augmented as necessary in accordance
with Appendix D of this Ordinance.
Use of the right-of-way setback buffer area shall be limited to roadway
access to the property from the North Carolina or U.S. primary
route. For uses permitted by Special Use Permit, buffer
landscaping plans shall be approved by Zoning Board on recommendation
of the Appearance Commission. For permitted uses, buffer
landscaping plans shall be approved by the Zoning Administrator.
For the purpose of this Section, the setback
distance shall be measured horizontally from the edge of the
right-of-way line, road centerline or adjoining property line to the
nearest projection of the building, including any eave, dormer, deck,
or other part attached thereto and any portion of the building located
below grade. However, doors, windows, marquees, canopies or fixed
awnings, and movable metal or canvas awnings shall be permitted to
encroach on the setback area.
213.7 Structure height.
No structure within the ETJ Mixed Use District shall
have more than two habitable stories, exclusive of basement, nor shall
the height of the structure exceed thirty-five feet. For the
purpose of this provision, the height of the structure shall be the
vertical distance from the established grade elevation at the center of
the front of the structure to the highest point of the roof or parapet
of the structure.
213.8 Sign regulations.
The sign regulations set forth in Article 400 shall apply to the ETJ
Mixed Use District.
213.9 Off-street parking and
loading.
The minimum requirements for off-street parking and
loading are set forth in Article 300 of this ordinance. These
requirements shall apply to all new buildings and uses and to additions
to existing buildings and uses in the ETJ Mixed Use District.
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Sign Regulations: Insert "B-5" in Sections 405.2(C) and (E).
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3. Amendment of Zoning Map, Northern ETJ
Corridor. The Board reviewed the map in some detail. Comm.
Marsh reported that the owner of a lot off US-64 across from the
entrance to the Hospital, which the Planning Board had recommended for
R-4 zoning - David Bock, Woodland Ridge LLC - had told him he would
prefer that his property be zoned R-1, since he intended to subdivide
it into single-family lots. At Comm. Marsh's suggestion, the
Board also considered four lots off US-64, accessed by Rolling Acres
Drive, which the Planning Board had recommended for R-4 zoning - owned
by Patrick Rembert Jr. Trustee, Gerald L. Bilbro Jr., William V. Zeller
Trustee, and Lee W. Milford Jr. - and by consensus felt they should be
zoned R-1. The Board therefore agreed to remove these five
properties from consideration at this time, and provide public notice
at a later date for R-1 zoning.
MOVED BY COMM. ROSS SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY CARRIED
TO ADOPT THE AMENDMENT OF THE ZONING MAP AS PROPOSED, WITH THE
EXCEPTION OF THE FIVE PARCELS NOTED ABOVE.
4. Amendment of Zoning Map, NC-106 Corridor.
The Board reviewed the map in some detail. A letter had been
received from Barry and Paul Jones, requesting that a portion of a
parcel on NC-106 which the Planning Board had recommended for R-4
zoning, be zoned commercial. The Board agreed to remove this
parcel form consideration at this time, and provide public notice at a
later date for R-1 zoning.
MOVED BY COMM. ROSS SECONDED BY COMM. JAMES, AND CARRIED TO ADOPT THE
AMENDMENT AS OF THE ZONING MAP AS PROPOSED, WITH THE EXCEPTION OF THE
ONE PARCEL NOTED ABOVE. Comms. Ross, James, DeWolf, and Patterson
voted "aye," and Comm. Marsh voted "nay."
Comm. Ross said he appreciated the Planning Board's efforts, and he
also thanked the ETJ Liaison Committee and the Citizens Against ETJ for
their input.
5. The Board then discussed the remaining portion of
the ETJ which had not yet been zoned. Griffin Bell was present
and said that the Planning Board had completed its work on the rest of
the ETJ - designating the remaining areas R-1 or B-4 - with the
exception of Clear Creek and Horse Cove, which they had agreed to
consider at a later date; he urged the Board to move forward with a
public hearing. Comm. James felt it was premature, and the Board
discussed a possible hearing date.
MOVED BY COMM. MARSH, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY CARRIED
TO SET A PUBLIC HEARING FOR THE REMAINING ETJ AREA, WITH THE EXCEPTION
OF HORSE COVE AND CLEAR CREEK, FOR 7:00 P.M. ON JANUARY 17, 2007.
III. MOVED BY COMM. DEWOLF, SECONDED BY COMM. ROSS,
AND UNANIMOUSLY CARRIED TO ADJOURN.
There being no further business to come before the Board, the meeting
was declared adjourned by the Mayor Pro Tem at 9:00 p.m.
________________________________
Richard Betz, Town Clerk