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Housing, Neighborhoods, & Occupancy Information
Neighborhood Conservation District Program
The Town of Boone has a Neighborhood Conservation District Program established in certain residential areas to promote public health, safety, and welfare; to stabilize and maintain a suitable low-density living environment for family life; and to maintain and preserve the value of existing property.
Resources Available
Within this page are tabs (select the tabs below) that provide further information about:
- The Neighborhood Conservation District (NCD) program, such as tenant requirements and if your property is within an NCD.
- Detailed information from the Town of Boone's Unified Development Ordinance (UDO) regarding occupancy that applies to NCD areas.
- Information about Minimum Housing requirements and how to submit a concern to the Town of Boone.
- Housing Resource links for further questions about renting and references to North Carolina General Statutes.
- Neighborhood Conservation Districts
- Occupancy Limitations
- Minimum Housing
- Housing Resources
- Caring for Our Neighborhoods
Neighborhood Conservation Districts
Neighborhood Conservation Districts (NCD) are established as zoning overlay districts which include specific regulatory requirements for a rental property to promote public health, safety, and welfare; to stabilize and maintain a suitable low-density living environment for family life; and to maintain and preserve the value of existing property.
Rental properties within a NCD are required to meet the following requirements:
- Parking Sticker Requirements: Every tenant living in rental property within an NCD must file an NCD Residential Parking Registration Form with the Planning and Inspections Department each year or as soon as possible after the lease begins. Information required with the application includes personal identification (such as a Driver’s License or Government issued ID), vehicle registration, and proof of residency. Tenants issued a parking sticker(s) for their vehicle(s) for the appropriate NCD must permanently attach stickers to the vehicle(s). No more than two unrelated persons per dwelling unit will be issued parking stickers.
- Local Managing Agent: Owners of rental property residing more than 50 miles from Boone must designate in writing a local managing agent residing within Watauga County that will be responsible for all matters concerning occupancy of such rental property. Owners must also provide the Administrator with the agent's name, address, and telephone number.
- Notification Requirements: Owners or local managing agents of rental property must notify tenants of applicable NCD requirements.
Residential Occupancy Control
Occupancy in these areas is limited to either one family or up to two unrelated persons. A dwelling occupied by a family (but not unrelated persons) may also have one (1) roomer.
For further information on the Unified Development Ordinance definitions, see the Occupancy Limitations tab above.
Other Resources
Enforcement
Planning and Inspections Staff will assess issues involving NCD requirements or occupancy year-round.
Access online Violation/Concern Form here.
Is my property within a Neighborhood Conservation District?
Visit the Town's interactive zoning GIS map to determine if your property is located within a Neighborhood Conservation District Overlay. You can use this tool to search for your address, and under the Layers tab, scroll to select the Neighborhood Conservation District option to view all NCD areas within the Town.
NCD Flyers
Each NCD has a special brochure titled "Caring for Our Neighborhood". Please see below for PDF versions of all brochures.
Caring for Our Neighborhood Brochures
- Caring for Our Neighborhood Brochure - Beverly Heights Area NCD (PDF)
- Caring for Our Neighborhood Brochure - Blanwood Drive Area NCD (PDF)
- Caring for Our Neighborhood Brochure- Forest Hill Drive NCD (PDF)
- Caring for Our Neighborhood Brochure - Grand Blvd Area NCD (PDF)
- Caring for Our Neighborhood Brochure - Grandview Heights Area NCD (PDF)
- Caring for Our Neighborhood Brochure - Queen/Green Street Area NCD (PDF)
- Caring for Our Neighborhood Brochure - Stadium Drive Area NCD (PDF)
Occupancy Limitations
Except for authorized group living, residential occupancy is regulated in the Town’s jurisdiction either based upon the zoning district the dwelling unit is located or the type of development approval received by the original developer.
Please see the table below for a summary of occupancy controls:
| Occupancy Regulation | Zoning District |
| One Family or up to 2 Unrelated A dwelling occupied by a family (but not unrelated persons) may also have 1 (one) roomer. |
|
| One Family or up to 4 Unrelated A dwelling occupied by a family (but not unrelated persons) may also have 2 (two) roomers. |
|
| No Occupancy Limitations |
|
| No Residential Uses Allowed |
|
Family Definition
A "family” means individuals related by blood, marriage, domestic partnership, or adoption occupying a premise and living as a single, non-profit housekeeping unit, which may include live-in help but does not include roomers or boarders. A “single, non-profit housekeeping unit” means individuals who live and cook together, as with or similar to a traditional family, on a single lease if renting the premises. The following individuals may constitute a family: a single person or a couple that is married or are domestic partners; that person’s or persons’ children, parents, siblings, grandparents, great-grandparents, grandchildren, or great-grandchildren; and the spouses of any of the foregoing persons. “Domestic partners” means two persons who are both at least 18 years of age, are each other’s sole domestic partner, have a common residence, and intend to maintain a common residence together indefinitely. “Child” and “children” shall for these purposes include a biological, foster, step- or adopted child, legal ward or other legal dependent, or other person who is or has been in a child-parent relationship with an adult in the family. The term "family" shall not be construed to include a fraternity or sorority, club, rooming house, group of students rooming together, institutional group, or the like.
Unrelated
“Unrelated” individuals are persons who are not members of the same family as defined above. For clarification, cousins are deemed “unrelated” for purposes of these occupancy regulations unless part of a single housekeeping unit that includes a parent, grandparent, or great-grandparent of one of the cousins.
Occupant
A person shall be presumed to be an “occupant” of a dwelling if their clothes or other daily living supplies such as items of personal hygiene are maintained at the dwelling unit.
- The absence of such described items does not prevent a finding that a person is an occupant.
- That a person regularly and recurrently lives in, sleeps at, or possesses another dwelling unit does not prevent a finding that a person is an occupant.
Use/Legal Nonconformity Not Applicable
The number or identity of occupants in a dwelling, whether consisting of family or of unrelated individuals, does not constitute a "use" and cannot create a legal nonconformity.
- To clarify, occupancy violations arising after the effective date of this ordinance (January 1, 2014) cannot give rise to a legal nonconformity; and
- With respect to any current, continuing occupancy violation proven by the property owner to pre-date the 2014 ordinance, such violation must be remedied within two years from the date that written notification of the violation is made by the Administrator to the record owner of the dwelling unit. To the extent practicable, all occupants of such dwelling units, as of the date of notification of the record owner, shall also be provided written notice of the nonconformity and the deadline for bringing the dwelling unit into compliance. This section shall not be construed to prevent immediate enforcement of any building or health code regulations regarding the number of occupants that may inhabit a dwelling unit.
Bedroom Requirements
A residential dwelling unit shall contain at least one (1) bedroom for each two (2) unrelated occupants. For purposes of these occupancy regulations, an efficiency dwelling unit shall be considered a one-bedroom dwelling unit.
Interactive Zoning Map - Locate Your Property
Use the Town's interactive zoning map to look up the zoning of a parcel within the Town's corporate limits.
Questions
The Planning and Inspections Department will assist any potential owner or tenant with any questions regarding occupancy regulations. Any person considering buying, leasing, or renting a dwelling unit in the Town of Boone Corporate Limits is strongly encouraged to contact the Town of Boone Planning and Inspections Department with any questions by phone at (828) 268-6960 or by email at planning@townofboone.net.
Concerns/Complaints
If an individual feels the occupancy of a dwelling is inconsistent with the provisions of the ordinance, a complaint may be filed with the Planning and Inspections Department. When filing this complaint certain information will be requested such as the address of the dwelling, the number of people believed to be living at the house, number of vehicles regularly at the location. The Planning and Inspections Department investigates all complaints of occupancy violations and solicits voluntary compliance when violations are confirmed. If voluntary compliance does not occur, vigorous enforcement action is taken.
Access the online Violation/Concern Form here.
Minimum Housing
The Town's Minimum Housing Code aims to ensure the health, safety, and welfare of Town of Boone residents within the Town of Boone's jurisdiction. The Town of Boone ensures compliance by encouraging voluntary compliance or following enforcement procedures set forth in the Town Code.
Tenants: If you are a tenant and there is an issue with your dwelling or property, we encourage you to contact your landlord or property manager to resolve the problem if you have not already done so. If you wish to file a complaint under the Town's Minimum Housing Code, you may file this form with the Planning and Inspections Department or call to speak to an Inspector.
Others: If you notice a dwelling or property in disrepair that may constitute a safety or life-threat issue, feel free to file this form with the Planning and Inspections Department or call an Inspector.
Please note that owners/landlords/leasing agents will be provided notice and an opportunity to respond to all complaints.
Please also be advised that state law protects tenants who make a good faith complaint to a government agency about a landlord's alleged violation of any health or safety law or any regulation, code, ordinance, or State or federal law that regulates premises used for dwelling purposes. Landlords are prohibited by state law from filing retaliatory evictions against tenants for making such a complaint. A contrary lease provision cannot waive tenants' rights under this law. See N.C. General Statutes § 42-37.1 et seq.
If you have a minimum housing/derelict building concern, please use the link below to access the online concern form:
Minimum Housing/Derelict Building Concern Form
Information for Our Neighborhoods
Caring for Our Neighborhood Brochures
- Caring for Our Neighborhood Brochure - Beverly Heights Area NCD (PDF)
- Caring for Our Neighborhood Brochure - Blanwood Drive Area NCD (PDF)
- Caring for Our Neighborhood Brochure- Forest Hill Drive NCD (PDF)
- Caring for Our Neighborhood Brochure - Grand Blvd Area NCD (PDF)
- Caring for Our Neighborhood Brochure - Grandview Heights Area NCD (PDF)
- Caring for Our Neighborhood Brochure - Queen/Green Street Area NCD (PDF)
- Caring for Our Neighborhood Brochure - Stadium Drive Area NCD (PDF)