Housing, Neighborhoods, & Occupancy Information

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:

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. 

1. The absence of such described items does not prevent a finding that a person is an occupant. 
2. 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. 

1. To clarify, occupancy violations arising after the effective date of this ordinance (January 1, 2014) cannot give rise to a legal nonconformity; and 
2. 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 purpose of the Town's Minimum Housing Code is to insure the health, safety and welfare of the citizens within the Town of Boone’s jurisdiction.  The Town of Boone ensures compliance by either encouraging voluntary compliance or by 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 seek resolution of 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 either file this form with the Planning and Inspections Department or call to speak to an Inspector.

Please note, owners/landlords/leasing agents will be provided with 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.   Tenants’ rights under this law cannot be waived by a contrary lease provision. 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 on-line 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)