ESTABLISHMENT OF DISTRICTS
Section 501 Use Districts
As a municipality composed mainly of residential and institutional development, the Village of Misenheimer perceives the need to protect all districts as a community quality of life consideration. For this reason, and pursuant to North Carolina General Statute 160A-183, the sale, possession, storage, or use of any explosive, corrosive, inflammable, or radioactive substances, or any weapons or instrumentalities of mass death and destruction within the Village are prohibited. An exception is made for legally obtained and legally, locally used fuels and is made for fireworks and fireworks displays and also is made for blasting necessary for residential construction. Furthermore, pursuant to North Carolina General Statute 160A-185, the emission or disposal of substances or effluents that tend to pollute or contaminate land, water, or air, rendering or tending to render it injurious to human health or welfare, to animal or plant life or to property, or interfering or tending to interfere with the enjoyment of life or property are also prohibited. Penalties for violating these prohibitions shall be as outlined in the penalties portion of this ordinance.
In order to achieve the purposes of this Ordinance, the Village of Misenheimer zoning jurisdiction is hereby divided into eleven (11) districts including two (2) overlay districts. as designated in the list below:
R-A Residential-Agricultural District – Low Density
R-R Rural Recreation District
R-S Single-Family Residential District
R-M Multi-Family Residential District
I-U Institutional Use District
H-B Highway Business District
C-B Central Business District
G-B General Business District
M-1 Light Industrial District
H-O Highway Overlay District
T-O Tower Overlay District
In no district herein established shall the sound level at the property line exceed 60 decibels on a linear scale.
Section 502 District Boundaries
The boundaries of these districts are hereby established as shown on a map entitled “Official Zoning Map, Village of Misenheimer, North Carolina,” adopted by the Village of Misenheimer Village Council and certified by the Village of Misenheimer Clerk or Mayor. Said map and all explanatory matter thereon accompany and are hereby made a part of this ordinance. Said map shall be retained in the Village Office and in the office of the County Manager or his authorized agent.
Section 503 Rules Governing Boundaries
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the official zoning map, the following rules shall apply:
503.1 Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines or railroad right-of-way lines or such lines extended, such center lines, street lines, or railroad right-of-way lines shall be construed to be such boundaries.
503.2 Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be said boundaries.
503.3 Where district boundaries are so indicated that they are approximately parallel to the center lines of streets, such district 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 dimensions shall be determined by use of the scale shown on said zoning map.
503.4 Where a district boundary line divides a lot in single ownership, the district requirements for the most 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.
503.5 Each permitted use shall conform to the dimensional requirements of the district in which it is located. For example, within an R-S Single-Family Residential District, rest homes are permitted uses. The rest homes shall meet the dimensional requirements set forth for the district.
503.6 Where the exact location and/or size of a district boundary shown on the original official zoning map can not be clearly determined and no clear written documentation supporting its exact location is available, the Planning Director may examine the current and/or past land uses in that area and after conferring with the present property owner(s) of the location in question, and the Village Council, make a determination regarding the actual lines of the intended zoning district that:
(A) follows past or existing property lines; and
(B) conforms to the past or present uses on the property; and
(C) retains the original intent of the zoning of the district.
Each determination along with its justification shall, upon approval by the Village Council, be duly filed with the Planning Board until such time as a new zoning map is adopted by The Village of Misenheimer Village Council.