Johnny Casey, Asheville Citizen Times
·4 min read
Today's burning question is about about the practice of selling goods at on-/off-ramps, a practice that has become more common throughout Western North Carolina in the past few years. Have other questions for our staff? Email Executive Editor Karen Chávez at KChavez@citizentimes.com and your question could appear in an upcoming column.
Question: Is it legal for a vendor to "set up shop" on the grassy area next to an on or off ramp? For several days (not always continuous) in the past week, some people have had tables and tents at which they are selling Trump paraphernalia in the grassy area adjacent to the on-ramp from Spartanburg Hwy to the highway 25 connector.
Answer: The area in question is currently zoned Community Commercial.
In April 2021, the Henderson County Planning Board met for a request from Jeff Shipman of SE Asphalt and Civil Design Concepts to conditionally rezone nearly 7 acres of the roughly 12-acre parcel area affixed between Spartanburg Highway and the U.S. 25 Exit 7 ramp.
Shipman, who expressed plans to build a new asphalt plant, applied for a rezoning to a Conditional District.
Neighbors of the proposed plant fought hard against the project, and Shipman eventually withdrew his application in June 2021.
With the withdrawn application, the parcel remains zoned in the Community Commercial District.
According to the county Land Development Code, the purpose of the Community Commercial District (CC) is to foster orderly growth where the principal use of land is commercial. The intent of this district is to allow for commercial development that includes a variety of retail sales and services, public and private administrations, offices and all other uses done primarily for sale or profit on the local and community level.
"This general use district is meant to be in the Utility Service Area (USA) as defined in the Comprehensive Plan," the Henderson County Land Development Code continues.
More: Asphalt plant coming to Henderson? Plans revived for asphalt plant in East Flat Rock; Compatibility meeting scheduled
See: Asphalt plant application withdrawn Application withdrawn for proposed asphalt plant in East Flat Rock
According to Mike Morgan, the chief communications officer for Henderson County, officials with the county drove out to the property July 2 morning.
"They couldn't find anything out there," Morgan said. "It looked like there maybe one time ... somebody had maybe stored a hauler out there or something. But there was no sign of any type of vendor or anything on that property. It did look like somebody had driven on it some, and they've even cleared off a little space out there."
Matt Champion is Henderson County's code services director and zoning administrator.
"There are a few pieces of large machinery on the property, but doesn’t look like it has been used or moved for a while," Champion said in an email.
According to Champion, the parcel has been zoned Community Commercial since September 2007.
If vendors are setting up shop on the land, they have done so without asking for permission from the county, Morgan said.
Buncombe County
Many residents of Leicester, Sandy Mush, Alexander and Madison County likely pass by a number of vendors situated along Old Marshall Highway near Alexander River Park and Chandler Road.
These vendors have been setting up shop along the dirt pull-off area on Old Marshall Highway along the French Broad River since April and May.
We caught up with one of the vendors, who wished only to be identified by his first name, James.
James is a Buncombe County resident and is retired. He said he worked nearly nine years in the operating room at Mission Hospital.
James said July 1 was his first day at his new post-retirement gig.
"It's just stuff from around the house, some overflow," James said. "Just getting rid of some stuff we've built up at the homesite."
While he wasn't sure if he'd be coming back regularly to his new gig, James said he was enjoying the breeze off the river.
"It's 90 degrees, but right here in the shade, you can't even tell," he said. "I'm retired, and most of us here I think are retired. It's just something to do."
At the Old Marshall Highway location, James said he and the other vendors have been granted permission by the property owner to set up shop there.
"I pay taxes - town, state," he said. "We pay our taxes. The biggest thing is keep it clean, and don't be littering. If the owner sees a mess, he'll put his foot down and put a stop to it."
Johnny Casey has covered Madison County for The Citizen Times and The News-Record & Sentinel for nearly three years, including earning a first-place award in beat reporting in the 2023 North Carolina Press Association awards. He can be reached at 828-210-6071 or jcasey@citizentimes.com.
This article originally appeared on Asheville Citizen Times: Answer Man: Is selling goods along off-ramp in East Flat Rock legal?
