Maggie Valley North Carolina in the Heart of the Great Smoky Mountains
Maggie Valley 
 Zoning Ordinances
Town Hall
Police 
 Fire & EMS
Public Work 
 Zoning
General Info

ZONING AND SIGN ORDINANCE

OF THE

TOWN OF MAGGIE VALLEY, NORTH CAROLINA

CHAPTER 1

 

ZONING

REGULATING THE USES OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, INDUSTRY, COMMERCE, RESIDENCE, RECREATION, PUBLIC ACTIVITIES OR OTHER PURPOSES: THE SIZE OF YARDS, COURTS AND OTHER OPEN SPACES; THE LOCATION, HEIGHT, BULK, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES; THE DENSITY AND DISTRIBUTION OF POPULATION; CREATING DISTRICTS FOR SAID PURPOSES AND ESTABLISHING THE BOUNDARIES THEREOF; DEFINING CERTAIN TERMS USED HEREIN; PROVIDING FOR THE METHOD OF ADMINISTRATION, AMENDMENT AND ENFORCEMENT; PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING FOR A BOARD OF ADJUSTMENT AND DEFINING THE DUTIES AND POWERS OF SAID BOARD; REPEALING CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

 

ARTICLE I

AUTHORITY AND ENACTMENT CLAUSE

The Board of Aldermen of the Town of Maggie Valley in pursuance of the authority granted by the General Statutes of North Carolina, particularly Chapter 160A, Article 19,

Part 3, and for the purpose of promoting the health, safety, morals, convenience, order, prosperity or the general welfare of the Town; securing safety from fire, panic and other dangers; preventing the overcrowding of land; avoiding undue concentration of population; facilitating the adequate provisions of transportation, water, sewerage, schools, and other public requirements; conserving the value of buildings and encouraging the most appropriate use of land and buildings throughout the Town, all in accordance with a comprehensive plan, the Board of Aldermen of the Town of Maggie Valley, North Carolina, does ordain and enact into law the following Articles and Sections.

ARTICLE II

SHORT TITLE

This ordinance shall be known and may be cited as the Zoning Ordinance of the Town of Maggie Valley, North Carolina.

ARTICLE III

JURISDICTION

Section 300. Jurisdiction.

The provisions of this Ordinance shall apply within the corporate limits of the Town of Maggie Valley as established on the official zoning map, Town of Maggie Valley, North Carolina. Said map and all other explanatory matter thereon accompanies and is hereby made a part of this ordinance; it shall be on file in the office of the Town Clerk.

ARTICLE IV

DEFINITIONS OF TERMS USED IN THIS ORDINANCE

For the purpose of interpreting this Ordinance, certain words or terms are herein defined. Except as defined herein, all other words used in this ordinance shall have their customary dictionary definition.

Section 400. Interpretation of Certain Terms and Words.

400.1 Words used in the present tense include the future tense.

400.2 Words used in the singular number include the plural, and words used in the plural number include the singular.

400.3 The word "person" includes a firm, association, organization, partnership, corporation, trust and company as well as an individual.

400.4 The word "lot" includes the word "plot" or "parcel."

400.5 The word "building" includes the word "structure."

400.6 The word "shall" is always mandatory and not directory.

400.7 The words "used" or "occupied" as applied to any land or buildings shall be construed to include the word "intended, arranged, or designed to be used or occupied."

400.8 The word "Map," "Zoning Map" or "Maggie Valley Zoning Map" shall mean the "Official Zoning Map of Maggie Valley, North Carolina."

Section 401. Definitions.

1. ACCESSORY USE. A use customarily incidental and subordinate to the principal use or building located on the same lot with such principal use or building.

2. BILLBOARD. See Sign, Outdoor Advertising.

3. BOARDING HOUSE. Buildings where, for compensation, lodging and/or meals are provided for not more than fourteen (14) persons and not less than four (4) persons.

4. BONA FIDE FARM. All land on which agricultural operations are conducted as the principal use, to include the cultivation of crops and the husbandry of livestock.

 

5. BUFFER. A densely planted strip of bushes, evergreens, or fencing that acts has a visual barrier between properties. Buffer strips shall be maintained as not to encroach on rights-of-way.

6. BUILDING. A structure which is completely enclosed by a roof and by solid exterior walls along whose outside faces can be traced an unbroken line for the complete circumference of the structure, which is permanently affixed to a lot or lots, and used or intended for the shelter, support or enclosure of persons, animals or property of any kind. The connection of two buildings by means of an open porch, breezeway, carport, passageway, or other such open structure, with or without a roof, shall not be deemed to make them one building.

7. BUILDING, ACCESSORY. A detached building subordinate to the main building on a lot and used for purposes customarily incidental to the main or principal building and located on the same lot therewith.

8. BUILDING, HEIGHT. The distance measured from the highest ground level at the structure foundation to the highest point of the roof.

9. BUILDING INSPECTOR. The Town of Maggie Valley Building Inspector.

10. BUILDING, PRINCIPAL. A building in which is conducted the principal use of the lot on which said building is located.

11. BUILDING SETBACK LINE. A line delineating the minimum distance between the property line and a building on a lot, within which no building or other structure shall be placed except as otherwise provided.

12. CAMPGROUNDS. Commercial facilities which provide temporary sites and hookups (electricity, water and sewer) for recreational vehicles and tent sites. These sites are not intended as manufactured home sites or as permanent locations for dwelling units.

13. CODE ENFORCEMENT OFFICER- The Town of Maggie Valley Code Enforcement Officer.

14. CONSTRUCTION OFFICE, TEMPORARY. A structure, housing the field office operations for the construction of a building or group of buildings being built simultaneously and highway construction. The temporary construction office shall be located on the actual construction site and must be removed immediately upon completion of construction.

15. CUSTOMARY HOME OCCUPATION. Any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof, and in connection with which there is no display, and no person, not a resident on the premises, is employed specifically in connection with the activity, except that not more than one (1) assistant may be employed. Provided further that no mechanical equipment is installed or used except such as is normally used for domestic or professional purposes, and that not over twenty-five (25) percent of the total floor space of any structure is used for home occupations.

16. DWELLING UNIT. A building, or portion thereof, providing complete and permanent living facilities for one family.

17. DWELLING, SINGLE-FAMILY. A building arranged or designed to be occupied by one (1) family.

18. DWELLING, TWO-FAMILY. A building arranged or designed to be occupied by two (2) families living independently of each other.

19. DWELLING, MULTI-FAMILY. A building or portion thereof used or designed as a residence for three (3) or more families living independently of each other and doing their cooking therein, including apartments, apartment hotels, and group houses.

20. FAMILY. One or more persons occupying a single dwelling unit, provided that unless all members are related by blood or marriage, or adoption, no such family shall contain over five persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a family or families.

21. FLOOD. An overflow of lands not normally covered by water that results in significant effects in the vicinity. For the purpose of this Ordinance, land subject to flood shall be considered to be land which is at an elevation lower than the elevation of the Regional Flood as determined by the plate, "High Water Profiles, Jonathan's Creek, Vicinity of Maggie Valley, North Carolina" (Tennessee Valley Authority, June 1964).

22. FLOODWAY. The channel of the stream and that portion of the adjoining flood plain designated by the Town Board to reasonably provide for the passage of flood flows.

23. FLOODWAY FRINGE AREAS. Areas lying outside the Floodway District but within the area which would be flooded by the Regional Flood.

24. FLOOD, REGIONAL. A hypothetical flood used in TVA flood studies comparable to the largest floods known to have occurred in the region, depicted on the

plate, "High Water Profiles, Jonathan's Creek, Vicinity of Maggie Valley, North Carolina" (Tennessee Valley Authority, June, 1964).

25. GROSS FLOOR AREA. The total floor area of all buildings in a project including basements, mezzanines and upper floors, exclusive of stairways and elevator shafts. It excludes separate service facilities outside the main building such as boiler rooms and maintenance shops.

26. INDIVIDUAL SEWER SYSTEM. Any septic tank or other facility serving a single source with a design capacity of 3,000 gallons or less per day.

27. INDIVIDUAL WATER SYSTEM. Any well, spring, stream or other source used to supply a single connection.

28. LOT. A parcel of land occupied or capable of being occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same.

29. LOT DEPTH. The mean horizontal distance between front and rear lot lines.

30. LOT OF RECORD. A lot which is a part of a subdivision, a plat of which has been recorded in the Office of the Register of Deeds of Haywood County, or a lot described by metes and bounds, the description of which has been so recorded.

31. LOT WIDTH. The distance between side lot lines measured at the building line.

32. MANUFACTURED HOME. A factory assembled portable housing unit, or a portion thereof, built on a chassis and intended for use as a dwelling unit, and not constructed in accordance with the standards of the North Carolina Uniform Residential Building Code for one and two-family dwellings. A manufactured home is designed to be transported on its own chassis and has a measurement of 40 feet or more in length and eight feet or more in width. A manufactured home shall be construed to remain a manufactured home whether or not wheels, axles, hitch, or other appurtenances of mobility are removed, and regardless of the nature of the foundation provided. All vehicles that are designated manufactured homes by the Uniform Standards Code for Mobile Homes Act shall be considered manufactured homes. A manufactured home shall not be construed to be a travel trailer or other form of recreational vehicle.

 

* Manufactured Home, Class A. A manufactured home constructed after July 1, 1976 that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies the following additional criteria:

(a) The manufactured home has a length of not exceeding four times its width, with length measured along the longest axis and width measured at the narrowest part of the other axis;

(b) The pitch of the roof of the manufactured home has a minimum vertical rise of two and two tenths feet for each twelve feet of horizontal run (2.2 feet and 12 feet) and the roof is finished with a type of shingle that is commonly used in standard residential construction;

(c) All roof structures shall provide an eave projection of no less than six inches, which may include a gutter;

(d) The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding (whose reflectivity does not exceed that of gloss white paint), wood, or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction;

(e) The manufactured home is set up in accordance with the standards set by the N.C. Department of Insurance and a continuous, permanent, approved skirting material foundation or masonry curtain wall, unpierced except for required ventilation and access, is installed under the perimeter of the manufactured home;

(f) Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the standards set by the N.C. Department of Insurance, self supporting and anchored securely to the ground; with a minimum of 6' x 6' landing.

(g) The moving hitch, wheels and axles, and transporting lights have been removed.

 

 

It is the intent of these criteria to insure that a Class A manufactured home, when installed, shall have substantially the appearance of an on-site, conventionally built, single-family dwelling.

* Manufactured Home, Class B. A manufactured home constructed after July 1, 1976 that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction, and that meet or exceed criteria (e), (f) and (g) for Class A homes above.

* Manufactured Home, Class C. Any manufactured home that does not meet the definitional criteria of a Class A or Class B manufactured home.

33. MANUFACTURED HOME PARKS. Any premises where three or more mobile homes are parked for living and sleeping purposes, or any premises used or set apart for the purpose of supplying to the public parking space for manufactured homes for living and sleeping purposes, and which include any buildings, structures, vehicles or enclosures used or intended for use as part of such a manufactured home park.

34. MANUFACTURED HOME SITE. A plot of ground within a manufactured Home Park designated for the accommodation and use of one manufactured home and containing all improvements and utility connections required under this Ordinance and other applicable town codes.

35. MODULAR HOUSING. A form of manufactured housing that meets the construction standards of the North Carolina Residential Building Codes for one and two-family dwellings regardless of how the unit or its components are transported to the site.

36. NONCONFORMING USE. A structure or land lawfully occupied by an existing use which does not conform with the permitted uses for the zoning district in which it is situated, either at the effective date of this Ordinance, or as the result of subsequent amendments to this Ordinance.

37. PARKING SPACE. An area of not less than nine (9) feet by eighteen (18) feet, plus the necessary access space. Parking space(s) shall be provided with vehicular access to a street or alley, shall not be provided in a required front yard area, and shall always be located outside the dedicated street right-of-way.

38. PARK MODEL. A "park model" recreational vehicle is basically a very small manufactured (mobile) home. They are typically built in accordance with the construction requirements of the HUD Manufactured Housing Code but because of their limited size (400 ft. sq. or less of living space) they are not required to be labeled by the HUD manufacturing housing program. Since these park model type units are not under the jurisdiction of the HUD program, these units have typically in the past been built, labeled and sold as recreational vehicles.

39. PLANNED UNIT DEVELOPMENT. Where more than one principal building or use is proposed to be constructed on a single lot, or any building with a gross floor area of 5,000 square feet or more, or any multi-family residential complex of five (5) or more units, shall be deemed a planned unit development (PUD). Residential units within a planned unit development may include single family detached or attached units, townhouse developments, garden apartments, patio homes, and other types of residential units including manufactured homes and manufactured home parks.

40. RECREATIONAL VEHICLE See travel trailer

41. RETAIL BUSINESS. Establishments selling commodities in small quantities to the consumer.

42. RETAIL SERVICES. Establishments providing intangible needs for immediate uses.

43. SIGN. See Chapter 2 Signs

44. SPECIAL EXCEPTION. A use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in a zoning district as special exceptions, if specific provision for such special exceptions is made in this Zoning Ordinance.

45. STREET. A dedicated and accepted public or private right-of-way for vehicular traffic, which affords the principal means of access to abutting properties.

46. STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on the ground or which is attached to something having more or less permanent location on the ground.

47. TRAVEL TRAILER. Any vehicle used, or so constructed as to permit its being used as conveyance upon the public street or highways duly licensable as such, and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one (1) or more persons, and designed, for short-term occupancy, for frequent and/or extensive travel, and for recreational and vacation use, including camper trucks and self-propelled campers, etc. All travel trailers must remain in a mobile condition with no permanent or semi-permanent structure attached to the travel trailer or erected on the rented site.

48. TRAVEL TRAILER PARKS. Any plot of land approved as a planned unit development upon which two or more travel trailers are located and used as temporary living or sleeping quarters. The occupants of such parks may not remain in the same trailer park more than 180 consecutive days.

49. USE. Any activity, occupation, business or operation carried on, or intended to be carried on, in a building or structure or on a tract of land.

50. VARIANCE. A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the Ordinance would result in unnecessary and undue hardship.

  1. YARD. A space on the same lot with a principal building open, unoccupied

and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.

52. YARD, FRONT. A yard across the full width of the lot extending from the front line of the building to the front line of the lot.

53. YARD, REAR. An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot.

54. YARD, SIDE. An open, unoccupied space on the same lot with a principal building, situated between the building and the side lot line and extending from the rear line of the front yard to the front line of the rear yard.

ARTICLE V

ESTABLISHMENT OF DISTRICTS

Section 500. Use Districts.

For the purpose of this Ordinance, the Town of Maggie Valley is hereby divided into the following districts:

R-1 Low density Residential District

R-2 Medium Density Residential District

R-3 High Density Residential District

N-B Neighborhood Business District (C2)

G-B General Business (C1)

Floodway

 

Section 501. District Boundaries.

The boundaries of these districts are hereby established as shown on a map entitled "Official Zoning Map, Town of Maggie Valley, North Carolina" adopted by the Board of Aldermen and certified by the Town Clerk. Floodway Fringe Area boundaries shall be determined by elevations from the High Water Profiles plate. Said Zoning Map with all explanatory matter thereon and the High Water Profiles plate accompany and are hereby made part of this Ordinance. Said map and plate shall be retained in the office of the Town Clerk.

 

Section 502. Rules Governing Boundaries.

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply:

502.1 Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines or railroad right-of-way lines or such lines extended, such centerlines, street lines or railroad right-of-way lines shall be construed to be such boundaries.

502.2 Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be said boundaries.

502.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines of streets, highways, rivers and streams, railroad, or rights-of-way of same, such districts boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by use of the scale shown on said Zoning Map.

502.4 Where a district boundary line divides a lot in single ownership, the district requirements for the least restricted portion of such lot shall be deemed to apply to the whole thereof, provided that such extensions shall not include any part of such a lot more than thirty-five (35) feet beyond the district boundary line.

502.5 Whenever a residential, planned unit or commercial development is proposed that is adjacent to a different district and where no buffer exists, the applicant shall provide a buffer along the development or subdivision boundary.

ARTICLE VI

USE REQUIREMENTS BY DISTRICT

Section 600. Intent.

It is the intent of this article that if any use or class of use is not specifically permitted in a district as set forth below, it shall be prohibited in that district. It is also the intent that all address numbering shall be approved by Haywood County E-911.

 

Section 601. R-1 Low Density Residential District.

601.1 Intent. The R-1 Low density Residential District is established as a district in which the principal use of land is for low density single family residential purposes. This district is further intended to protect existing single family neighborhoods from incompatible land uses. It is also the intent of this district to allow for certain types of nonresidential community facilities that would not be detrimental to the residential character of the district.

601.2 Permitted Uses.

1) Single-family dwellings.

2) Only Class A Manufactured Homes

3) Churches and their customary related uses.

4) Bona Fide Farms

5) Garage apartments.

6) Greenhouses and truck gardens which are incidental to the residential use and conducted on a non-commercial basis only, provided that no greenhouse heating plant shall be located within twenty-five (25) feet of any lot line.

7) Customary Home occupations such as dressmaking, drapery making, laundering and ironing, cooking and baking, hairdressing, music instruction, the renting of not more than one room, the boarding of not more than two boarders, and the practice of any recognized profession such as law, the writing of insurance, accounting, medicine, dentistry, and chiropractic.

8) Public elementary and secondary schools and private schools having curricula approximately the same as ordinarily given in public schools.

9) Accessory building or structures provided such shall be permitted only in a rear yard and shall be not less than ten (10) feet from any property line, and further provided that in the case of corner lots such buildings or structures shall be set back at least forty (40) feet from any side street right-of-way line.

 

Section 601.3 Special Exceptions.

1) Hospitals, sanitariums, rest and convalescent homes, homes for the aged, and similar institutions, and dental offices and clinics not used primarily for the treatment of contagious diseases, alcoholism or drug addicts.

2) Planned Unit Developments (must conform to Section 1005). The PUD shall be in keeping with the intent of this section. Residential uses shall be limited to single family detached units.

3) Public or private parks, playgrounds, community centers, libraries, tennis courts, golf courses, swimming pools, and similar recreation uses.

4) Public works and public utility facilities such as transformer stations, pumping stations, water towers, and telephone exchanges, provided that:

a) Such facilities are essential to the service of the immediate area.

b) No vehicles or materials shall be stored on the premises, and no offices shall be permitted.

c) All structures shall be set back at least thirty (30) feet from all property lines and enclosed by a woven wire fence at least eight (8) feet in height, and screened from public view. This requirement may be modified by the Board of Adjustment when it deems appropriate.

d) The entire lot shall be properly landscaped to blend with the surrounding area.

Section 602. R-2 Medium Density Residential District.

602.1 Intent. The R-2 Medium Density Residential District is established as a district in which the principal use of land is for medium density single family and multi- family residential purposes. This district is also intended to protect existing single family residential areas from incompatible land uses. It is also the intent of this district to allow for certain types of nonresidential community facilities that would not be detrimental to the residential character of the district.

602.2 Permitted Uses.

1) All uses permitted in the R-1 Low Density Residential District.

2) Two family dwelling.

3) Multi-family dwellings.

4) Manufactured Homes-class A and B only

5) Rooming or boarding houses.

 6) Tourist homes.

7) Child care arrangement or facility licensed by the State as a Day Care Center.

602.3 Special Exceptions

1) All uses permitted in R-1 Low Density Residential District as Special Exceptions

Section 603. R-3 High Density Residential District.

603.1 Intent. The R-3 High Density Residential District is established as a district in which the principal use of land is for higher density single and multi-family residential purposes. This district thus allows for a variety of residential uses in areas where the traffic circulation pattern would accommodate higher density residential development. It is also the intent of this district to allow for certain types of nonresidential community facilities that would not be detrimental to the residential character of the district.

603.2 Permitted Uses.

1) All uses permitted in the R-2 Medium Density Residential District.

 

603.3 Special Exceptions.

All uses permitted in the R-2 Medium Density Residential District Special Exception.

1) Hospitals, sanitariums, nursing homes and dental offices and clinics not used primarily for the treatment of contagious diseases, alcoholism or drug addicts.

2) Planned unit Developments (must conform to Section 1005).

3) Manufactured home parks provided that:

a) There shall be no more than ten (10) mobile homes per acre.

  1. No manufactured homes or other structures within a manufactured home park shall be closer to each other than twenty (25) feet, except that storage or other auxiliary structure for the exclusive use of the mobile home may be closer to that mobile home than twenty (25) feet.

c) There shall be at least two (2) off-street parking spaces for each manufactured home. These spaces shall be provided either on the same site as the manufactured home served or in a designated parking area serving several or all mobile homes within the manufactured home park.

d) No manufactured home or other structure shall be located closer than twenty (25) feet to the exterior boundary of the manufactured home park or a bounding street or highway right-of-way.

e) A densely planted buffer strip, consisting of evergreen trees or shrubs shall be located along all sides of the manufactured home park. Such buffer strip shall not be less than four (4) feet in width and shall be composed of trees or shrubs of a type which at maturity shall be not less than six (6) feet in height. This planting requirement may be modified by the Board of Adjustment where adequate buffering exists in the form of fencing, vegetation and/or terrain.

f) All manufactured home parks shall be served by a public water system. Any manufactured home park not served by a public sewerage system must be approved by the Haywood County Health Department.

g) All manufactured home parks served by a public sewage collection and treatment system shall meet the requirements of Article D-8 of Appendix D of the North Carolina Plumbing Code. Any manufactured home park not served by a public sewage system must be approved by the Haywood County Health Department.

h) Manufactured home park owner is responsible for containers, stands and the collection of all garbage and trash if municipal service is not available.

i) The manufactured home stand shall be improved to provide adequate support for the placement and tie-down of the manufactured home. The stand shall not heave, shift or settle unevenly under the weight of the manufactured home due to frost action, inadequate drainage, vibration, wind or other force activity on the structure.

j) All manufactured homes shall be underpinned.

k) All streets within a manufactured home park shall conform to town street standards and shall be maintained in such a manner as to be safe and passable at all times.

l) Accessory buildings or structures provided such shall be permitted only in a rear yard and shall be not less than ten (10) feet from any property line, and further provided that in the case of corner lots such buildings or structures shall be set back at least twenty (20) feet from any side street right-of-way line.

m) Minimum 100 feet lot depth measured perpendicular to street right-of-way.

4) Travel Trailer Parks (RV Parks) and campgrounds, Recreational Vehicle Campgrounds including time-share arrangements. No sites shall be sold within the development unless it has been approved as a subdivision in accordance with the Town's subdivision ordinance.

a) The premises of each organized camp shall be kept free of accumulations of refuse and debris. Permanent and semi-permanent structures in any organized camp shall be located 25 feet apart. No permanent or semi-permanent structures shall be constructed or attached on any rental site.

b) The ratio of toilet, lavatory, urinals and bathing facilities for occupants of organized travel camps for private tents, non-self-contained travel trailers, non-self-contained tent campers shall be as follows and shall be provided in a service building or buildings.

Number of

Sites

Toilets

Urinals

Lavatories

 Bathing

Facilities

1-15

Men 2

Women 2

Men 2

 Men 2

Women 2

Men 2

Women 2

16-30

Men 2

Women 3

Men 2

Men 3

Women 3

Men 2

Women 2

31-45

Men 3

Women 3

Men 2

Men 4

Women 4

Men 2

Women 2

46-60

Men 3

Women 4

Men 3

Men 4

Women 4

Men 3

Women 3

61-80

Men 4

Women 5

Men 3

Men 5

Women 5

Men 3

Women 3

81-100

Men 4

Women 5

Men 3

Men 5

Women 5

Men 4

Women 4

For camps with more than 100 sites or spaces there shall be provided one (1) additional toilet and lavatory for each sex for each additional thirty (30) sites and one (1) additional facility for each bathing facility for each sex for each additional thirty (30) sites or spaces.

c) All toilets, lavatories and bathing facilities shall be maintained in a state of good repair and shall be kept clean at all times. Toilets, bathhouses and/ or service buildings should be located and distributed so that no habitable permanent and semi-permanent structure, tent, camper or truck coach, travel trailer and tent camper will be more than 300 feet from such facilities.

  1. All garbage and refuse shall be stored in durable, water-tight, rust resistant, rodent

proof, fly-proof containers with tight properly fitting covers. All containers and covers shall be maintained in a state of good repair and should be cleaned and sanitized each time they are emptied. An adequate number of containers shall be provided and each container should not be of more than thirty (30) gallon capacity. Concrete or pressure treated wood platforms, racks or holders shall be of such design as to prevent tipping, minimize spillage and container deterioration and facilitate cleaning around them.

e) All garbage and refuse shall be collected and disposed of as often as necessary to prevent overflow of available containers and the creation of a nuisance.

f) All electrical installation and wiring shall be maintained in good repair and shall comply with all local and state codes and/or National Electrical Code. All permanently connected extension cords of electrical wiring on the ground shall be prohibited.

g) Each Organized travel camp shall have each space and/or site for tents, travel trailers, truck coach or camper and tent campers clearly marked and designated. In each organized travel camp, all travel trailers, truck and coaches or campers, tent campers and tents shall be located at least 25 feet apart and must be at least 25 feet from State / Highway or utility easement and 25 feet from property line. Doubling or allowing more than one tent, travel trailer, truck coach or camper and tent camper per site at the same time shall be prohibited.

h) No dogs, cats, or other domestic animals shall be permitted to run at large within the limits of any organized camp premises.

i) Each organized camp when in operation shall maintain at least one competent attendant or caretaker whose duty shall be to maintain the facilities and equipment of said camp in a clean, orderly and sanitary condition and in a state of good repair.

j) The driveways/ roads shall comply with the Town Road Standards requirements and shall be maintained in such a manner as to be safe and passable at all times.

k) Travel trailer/ RV parks must comply with setbacks for the district on all four sides and have a buffer zone on rear and side yards. The buffer must be a minimum of six (6) feet in height and may be of densely planted greenery or manmade fence.

l) Must comply to Volume V Fire Prevention Code

5. Travel Trailer Storage (RV Storage) must conform to Section 604.2

Section 604. Commercial 1 District. General Business (GB)

  1. Intent. The purpose of this district is to provide for general and commercial

activity at convenient points in the Town. Regulations are designed to preserve the traffic carrying capacity of the street and to provide for off-street parking. It is not the intent of this district to encourage extensive strip commercial development, but rather to provide concentrations of general commercial activities. It is also intended that all businesses shall be conducted in permanent buildings that meet State and local building codes. All uses must comply with the Town's noise ordinance. Business may not be conducted in temporary or portable structures nor in manufactured homes or vehicles. All heating /air / ventilation units shall be screened from public view. Existing units may be painted to blend with the roof or screening constructed in such a manner as to block from public view. Existing units must conform within one year of the adoption of this ordinance.

The Zoning Code Enforcement Officer may issue a temporary permit for outdoor sales and exhibits for groups, clubs, and civic organizations. The permit shall define the purpose of the function and the duration of the permit.

604.2 Permitted Uses.

All uses permitted in the R3 residential district except mobile home parks, travel trailer parks, mini rental storage units, and campgrounds.

Due to potential conflicts, such as noise, traffic, etc, residential uses in the C-1 district is discouraged, however, it may be allowed as a special exception if approved by the Zoning Board of Adjustment based on elements listed in 1306.2.

One dwelling unit either located within the commercial building or in a separate dwelling structure located on the same lot. Dwellings and Dwelling structures shall meet R-1 standards.

 

1) Appliance sales and services-no outside storage or display.

2) Auction companies (indoor)-no outside storage or display.

3) Automobile parking lots and structures.

4) Automobile and Recreational Vehicle Sales, Rental and Consignment lots provided that:

a) No vehicle shall be parked as to impede the pedestrian or vehicular traffic flow. Vehicles shall be setback at least five (5) feet from the property line or the street right-of-way line, whichever is greater.

b) All vehicles must display a valid North Carolina inspection sticker where required.

c) No major repair shall be conducted on the premises.

d) There shall be no outside storage of parts.

e) There shall be no less than 200 square feet of display area per vehicle parked on the lot for the purpose of sale.

f) There shall be no vehicles sold other than automobiles, motorcycles, light or heavy duty trucks, RV's and Boats.

5) Travel Trailers/ RV Storage provided that;

 

a) Have a buffer on all four sides to block the stored travel trailers/ RV from public view.

6) Automobile washing establishments.

7) Bakeries.

8) Banks and other financial institutions.

9) Barber and beauty shops.

10) Business colleges, beauty and barber colleges, art schools, music and dance studios, and similar uses including vocational and trade schools.

11) Bicycle sales and repairs.

12) Building supplies and equipment sales, excluding open storage.

13) Bus terminals.

14) Cabinet or woodworking shops.

15) Civic organizations.

16) Cold storage or freezer lockers.

17) Construction firms and building firms, provided that:

a) Adequate equipment storage area is provided (twice the land space per machine or vehicle). All equipment must be screened from public view.

18) Dairy bars.

19) Dry cleaning and laundry pick-up stations.

20) Electrical repair shops, excluding open storage.

21) Fire and police stations.

22) Fabricating shops (woodworking, upholstery, etc.), excluding open storage.

23) Florist shops and greenhouses.

24) Food stores.

25) Funeral homes.

26) Furriers and fur storage.

27) Farm machinery sales and repairs, provided that:

a) Only machinery for sale be parked outside.

b) No open storage of parts.

c) No outside repairs.

28) Feed and seed stores, excluding outside storage.

29) Gasoline service stations, provided that:

a) No major repair work is performed (complete engine rebuilding, removing bodies from cars, etc.)

b) All repairs are performed inside.

c) No junked vehicles, parts or tires stored on lot.

d) No open storage of new or used parts.

e) Gasoline pumps shall be located at least twelve feet behind the property line or street right-of-way line, whichever is greater.

f) All buildings shall be located at least forty (40) feet from any street right-of-way line. All canopy overhangs shall be not less than six (6) feet from the property line or the street right-of-way line, whichever is greater.

g) All storage or pumping tanks containing gasoline, diesel fuel, kerosene or similar combustible materials (except for screened propane tanks meeting N.F.P.A. standards), shall be underground except those tanks of 1,000 gallons or less; provided that they are screened from public view. Above ground use of gasoline tanks may continue for a period of one year from the date of installation of the tank. All such buried tanks shall be installed and maintained in compliance with all N.F.P.A. standards and safety codes.

30) Glass and mirror shops, venetian blind and awning shops, and similar specialty outlets.

31) Hotels, motels and inns.

32) Hospitals, medical and dental clinics.

33) Ice plants and storage.

34) Jewelers.

35) Libraries, museums and art galleries.

36) Launderettes.

37) Locksmiths and gunsmiths.

38) Newspaper offices.

39) Manufactured home sales and service (if indoors), excluding open storage of parts and accessories.

40) Office supplies, equipment sales and service.

41) Offices--business, professional and public.

42) Opticians.

43) Parks and playgrounds.

44) Pawn shops.

45) Photographic studios.

46) Physical culture and reducing salons.

47) Public buildings.

48) Radio and TV stations and offices.

49) Restaurants.

50) Retail establishments such as department, clothing, fabric, drug, notion, gift, craft, art, antique, magazine, pet, and hobby shops, but not excluding similar retail shops.

51) Repairing and servicing household equipment, excluding open repair or storage.

52) Shoe repair.

53) Sheet metal, plumbing, heating and refrigeration shops, but excluding open storage.

54) Sign painting and fabricating shops, excluding open storage.

55) Skating rinks.

56) Tailor, dressmaking and millinery shops.

57) Taxicab stands.

58) Telegraph or messenger services.

59) Theaters housed in a permanent indoor structure.

60) Wholesale and warehousing establishments except for open storage and the storage of dangerous and offensive materials.

61) Public utility and distribution lines, water tanks, telephone exchanges, excluding open storage.

62) Zoos, subject to wildlife and health department regulations.

Uses not otherwise named herein upon the approval of the Zoning Board of Adjustment provided that no use shall be permitted in this section which is likely to be dangerous, offensive or detrimental to the health, safety, welfare or general character of this zoning district or the community be reason of dust, gas, smoke, noise, fumes, odors, vibration, glare or otherwise.

604.3 Special Exceptions.

1. Automobile service and repair provided that the applicant demonstrate to the Zoning Board of Adjustment by written and oral presentations including necessary drawings and plats how he/she will comply with following:

a. Must be in compliance with all Federal, State and Local environmental regulations.

b. Parking regulations must adhere to those set forth in section 901.

c. No more than 90 percent of the allowable parking spaces may be occupied by vehicles repaired or awaiting repair. In no case shall a vehicle remain on the premises for more than thirty days.

d. No open storage of new or used parts including tires, sheet metal, batteries, cans, boxes, etc. shall be allowed.

 

 

2. Setback Special Exceptions.

Setbacks may be reduced on a case by case basis in accordance with the provisions of Section 1306.2. The Zoning Board of Adjustment shall act upon the written request and justification of the applicant. A request submitted at least 10 days prior to a regularly scheduled meeting shall be acted upon at that meeting.

3. Flea Markets, Produce stands, provided that:

a. They be totally enclosed structures (a garage or sliding doors to "open" the area to the outside will be allowed).

b. All buildings will be permanent and meet all building related codes.

c. Public restrooms will be provided.

d. At least two off-street parking spaces (9'x 18' plus necessary access space) shall be provided per individual display area or booth.

e. Prior to being granted a special exception, the owner of the facility shall provide a plan(s) showing the lot and dimensions, the building and dimensions, and the number of parking spaces. Also a sketch representing the building's front appearance is required.

f. Any other information deemed appropriate by the Board of Adjustment.

4. Package stores

5. convenience stores

6. animal hospitals

7. veterinarians.

8. Adult establishments provided that the establishment meets the requirements set forth in Ordinance No. 187.

9. Planned Unit Developments

10. Special Events not withstanding the provisions of this ordinance, the Town of Maggie Valley by special permit may exempt special events for the provisions of this ordinance provided that:

  1. The sponsoring agency must be a State or Nationally recognized civic, charitable, fraternal, governmental organization, or demonstrates to the Board of Aldermen the direct benefits to the community. Commercial, for profit or similar activities may not receive exemptions.
  2. The sponsoring agency shall submit a written application to the Board of Aldermen at least 120 days prior to the event in a form as proscribed by the Town.
  3. The Board of Aldermen shall upon granting an exception transmit the approval to the sponsoring organization stating any conditions, terms, requests, or dates.

 

  1. Recreational Vehicles Parks

a. Provided that the park is screened from public view.

b. Must be secondary to primary business and shall not be the sole

business on the property.

  1. Must meet all F.E.M.A. and Town of Maggie Valley rules and regulations.

d. Travel Trailers/ RV Storage is prohibited.

Section 605. Commercial 2 District Neighborhood Business (NB)

605.1 Intent. The regulations of this district are intended to provide for the retailing of goods and services to the nearby residential neighborhoods in such a way as to protect abutting areas from blighting influences.

All heating /air / ventilation units shall be screened from public view. Existing units may be painted to blend with the roof or screening constructed in such a manner as to block from public view. Existing units must conform within one year of the adoption of this ordinance.

605.2 Permitted Uses.

1) All uses permitted in the R-3 Residential District

2) Appliance sales and services.

3) Automobile washing establishments.

4) Bakeries.

5) Banks and other financial institutions.

6) Barber and beauty shops.

7) Bicycle sales and repair.

8) Civic organizations.

9) Dairy bars.

10) Electrical repair shops, excluding open storage.

11) Fire and police stations.

12) Florist shops, excluding commercial greenhouses.

13) Funeral homes.

14) Furriers and fur storage.

15) Glass and mirror shops, venetian blind and awning shops, and similar specialty outlets.

16) Jewelers.

17) Libraries, museums and art galleries.

18) Office supplies, equipment sales and services.

19) Offices-business, professional and public.

20) Opticians.

21) Parks and playgrounds.

22) Photographic studios.

23) Physical fitness and weight reducing establishments.

24) Restaurants, excluding restaurants with drive-thru service.

25) Retail establishments such as department, clothing, fabric, drug, notion, gift, craft, art, antique, magazine, and hobby shops, but not excluding similar retail shops.

26) Repairing and servicing household equipment, excluding open repair or storage.

27) Shoe repair.

28) Tailor, dressmaking and millinery shops.

29) Travel Trailer Parks/ RV parks/ Campgrounds provided that they meet requirements in section 603.3

605.3 Special Exceptions

1) All uses in R-3 High Density Residential District Special Exceptions.

Section 606. Floodway District.

Intent. It is intended that all structures and uses of structures and land located in this district as defined in the Maggie Valley Flood Hazard Boundary Map shall be subject to all regulations contained in the Maggie Valley Flood Damage Prevention Ordinance (Ordinance #26), as from time to time may be amended.

NEXT PAGE OF ZONING

[Town Hall] [Police Fire & EMS] [Public Work Zoning] [General Info]