Planning BoardDuties of the Town’s Planning Board (the Board), Town Council, The Zoning Administrator and the Zoning Board of Adjustment are found in Article XV of the Ordinance. The Planning Board is charged with developing and amending the Ordinance. The Board consists of five property owners appointed by the Town Council. Members serve terms of three years and may be reappointed by the Town Council. The Board was founded in 2018. Many of the current members have served on the Board since its inception.
Current members include: Anne Hager, chair, along with William Piel, Craig Keith, Glenn Barnett, and Lori Bailey. The Town has had an Ordinance in place since 1989. The current version of the Ordinance was adopted by the Town Council in December 2021, after a public hearing. As a prerequisite to developing the current version, the Board developed a Land Use Plan, adopted in June 2020, after a public hearing. The Land Use Plan was based on a survey completed by property owners. The Land Use Plan is available on this website. An application for a certificate of zoning compliance is required for any building or structure erected, moved, added to or structurally altered, except in conformity with the use and dimensional regulations of the Ordinance (Article VII). Should the Zoning Administrator deny a certificate, the denial can be appealed to the Zoning Board of Adjustment (ZBA). Members of the ZBA are the same members as serve on the Planning Board. |
Zoning Documents
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Frequently Asked Questions — TOLS Land Use Ordinance
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Listed below are common questions about our town Ordinance. The questions have been derived from input from Town Hall staff, our Zoning Administrator and from a random sampling of TPOA members. If you have a general question not listed here, please contact Town Hall staff at 828-479-8190 or email at [email protected].
Q1: Where can I find the Zoning Ordinance? A: You can access a downloadable copy of the Ordinance on this page, above. Q2: What are the setbacks? A: A setback is a restriction on property where no building, deck, stairs and other attached heated or unheated spaces including storage sheds and carports can encroach. This can be the distance from a curb or property line. The side and rear setbacks for each property are 10 feet from the property line. The front setback is 15 feet from the road and is measured from street right of way or center of adjacent street, whichever is more restrictive. Building setback for lakeside construction should contact Brookfield at (304) 209-5513. The following is an example of front yard setbacks. 
Q3: What is the height limit?
A: The maximum height measure is 35 feet. Height is measured from the side of the building from finished floor level that provides primary fire department access to the highest point of the roof. Q4: What triggers the requirement that I file a zoning application? A: An application must be completed in its entirety prior to new and modifying construction or changes to the footprint of a structure’s original plans. Even a small change, such as the direction of an outdoor staircase or a decking change, requires an application. As long as any replacement or repair of an existing structure concludes with the structure remaining exactly as it was, with no changes or additions, an application will not be necessary. |
Q5: What needs to be submitted with the Application before it is sent to the Zoning Administrator for review?
A: Along with the completed forms, a site plan and description of the proposed project must be submitted to make the application complete. Incomplete applications will not be reviewed for compliance. The site plan needs to show direction, scale size, adjacent streets), dimensions of the lot and dimensions of the structure including:
Q6. How much does a zoning application cost? A: The current application fee is $100. All zoning related fees are reviewed by the Town Council during its fiscal budget considerations and are subject to change annually. You can access a downloadable copy of the current fees (June 2024) above. All fees can be found on the Town’s website. We are currently updating the website to reflect the current fees. Q7: When do I need to apply for a variance? A: When the Zoning Administrator denies your application, you can appeal the denial to the Town’s Zoning Board of Adjustment, at which time a hearing will be conducted to determine if the denial should be upheld or overturned. Q8: What do I do if I want a new dock, an addition to my dock, a replacement dock, etc.? Brookfield Smoky Mountain Hydropower LLC (Brookfield) manages Lake Santeetlah’s Reservoir. Brookfield’s responsibility includes providing adequate public access and public recreation facilities and protecting environmental, cultural and aesthetic resources. The construction of a new dock or a replacement dock requires prior written permission from Brookfield. Work on the dock cannot commence until a permit is issued. You can contact Brookfield at (304) 209-5513. Brookfield is based in another state and may reflect an area code different from North Carolina. Q9: How do I submit questions regarding zoning or a zoning application for my property? All questions arising in connection with the enforcement of the ordinance should be submitted in writing to our Town Administrator, Kim Matheson, at i[email protected], or mail to TOLS, ATTN: Town Administrator, 16 Marina Drive, Lake Santeetlah, NC 288771. |
