Garner City Zoning Code
ARTICLE 1
GENERAL PROVISIONS
1.1. SHORT TITLE.
This ordinance shall be known as the “Garner Unified Development Ordinance,” “this Ordinance,” or “UDO.”
(Ord., 3-16-21)
1.3. JURISDICTION.
This UDO shall apply to all land within Town of Garner and its
. All
and land
constructed or commenced after the effective date of this UDO and all enlargements of, additions to, changes in and relocations of existing
and
occurring after the effective date of this UDO shall be subject to this UDO. This UDO shall be effective throughout the Town's
. The Town's
comprises the entire area within the boundary described in Appendix A.
1.4. EFFECTIVE DATE.
This UDO, as amended from time to time, was originally adopted and became effective on October 1, 2003. Amendments to this ordinance will and have occurred from time to time. The most recent major reorganization and update of this UDO occurred on March 16, 2021.
(Ord., 3-16-21)
1.5. ADMINISTRATION.
The
is appointed to serve as administrator of this UDO. Should this position at any time become vacant, the Town Manager shall designate another official to act as administrator until the office is filled. The
may designate any staff member to represent the
in any function assigned by this UDO but shall remain responsible for any final action.
(Ord., 3-16-21)
1.6. INTERPRETATION.
The
is responsible for ultimate interpretation of this UDO and any dispute with any interpretation or administrative decision may be appealed per the standards of this Ordinance.
(Ord., 3-16-21)
1.11. SEVERABILITY.
The sections, paragraphs, sentences, clauses, phrases, requirements, and criteria of this UDO are severable to the least extent necessary to carry out the purpose and intent of this Ordinance.
(Ord. No. 3558, § 2, 7-7-09; Ord., 3-16-21)
1.2.1. Authority.
The Town Council, pursuant to the authority conferred by the State of North Carolina General Assembly in General Statute Chapter 160D (G.S. § 160D), does hereby ordain and enact into law the articles and sections of this UDO.
(Ord. No. 3558, § 2, 7-7-09; Ord., 3-16-21)
1.2.2. Purpose.
It is the intent of the Town Council that this UDO promote the health, safety, and general welfare of existing and future residents, businesses, and visitors of the Town by:
A. Providing for adequate light, air, and open space.
B. Creating a convenient, attractive, and harmonious community.
C. Regulating population density and distribution.
D. Regulating the uses of
,
, and land.
E. Facilitating economic growth and commerce.
F. Ensuring adequacy and availability of public services including transportation, emergency response services, utilities, parks and recreational amenities, and affordable housing.
G. Securing safety from fire,
, and other dangers.
H. Regulating the location and distribution of
of land and
.
I. Regulating the subdivision of land.
J. Furthering the public interest by additional means determined by the Town Council.
(Ord. No. 3558, § 2, 7-7-09; Ord., 3-16-21)
1.7.1. Compliance Required.
A. The purpose of this Ordinance is to ensure compliance with the zoning,
, and other design and dimensional standards of the Town.
B. No
or land shall hereafter be used, occupied, or modified, and no
or part thereof shall be erected, moved onto, or structurally altered, except in compliance with the regulations of this Chapter, for the district in which it is located.
C. No
,
,
, or
, or any part thereof shall be erected, structurally altered, moved, or changed in
until a zoning permit has been issued by the
.
D. In the absence of
, no
permit shall be issued until the
meets all other applicable requirements of this UDO and Wake County.
(Ord., 3-16-21)
1.7.2. Minimum Requirements.
For purposes of interpretation and application, the provisions of this UDO shall be the minimum requirements for the protection and promotion of public health, safety, and general welfare.
(Ord., 3-16-21)
1.8.1. Conflicting Provisions.
Whenever the requirements of this UDO are inconsistent with the requirements of any other lawfully adopted governmental rules, regulations, or ordinances, the most restrictive requirement imposing the highest standards, as determined by the
, shall govern. However, the Town shall not be responsible for enforcing other agencies’ regulations.
(Ord., 3-16-21)
1.8.2. Minimization.
Where multiple ways to implement, administer, or construe a provision exist, the provision shall be implemented, administered, or construed to eliminate and minimize conflict with other provisions of the UDO.
(Ord., 3-16-21)
1.8.3. Town Ordinances.
If substantially similar provisions existed in previous Town ordinances, the provisions of this UDO shall not be considered new enactments but as continuations of existing rule. Unlawful nonconformities do not achieve legal conforming status by virtue of the adoption of this Ordinance alone.
(Ord., 3-16-21)
1.8.4. Amendments to State Statutes.
Whenever a North Carolina General Statute (a.k.a. “G.S.”) section cited or referenced by any of these ordinance provisions is later amended or superseded, the ordinance provision shall be deemed to refer to the amended section or the section that most closely corresponds to the superseded section.
Commentary: For instance, if this UDO references G.S. § 160D-702, which grants the regulation of zoning to local governments from the state, and the state should subsequently reorganize the statutes, then the reference in this Ordinance shall be understood to reference the most current statute. This shall be honored even if this Ordinance fails to modify references immediately at the time that the state statutes should be reorganized.
(Ord., 3-16-21)
1.8.5. Validity.
If, for any reason, any condition imposed pursuant to these regulations is found to be illegal or invalid, such condition shall be null and void and of no effect.
(Ord., 3-16-21)
1.9.1. General.
The Town Council intends that this UDO shall guide the administration of the Town’s adopted planning policies within the Town and its
.
(Ord., 3-16-21)
1.9.2. Comprehensive Plan.
The most current Comprehensive Plan is hereby incorporated by reference.
(Ord., 3-16-21)
1.9.3. Zoning.
The zoning regulations in this UDO are in accordance with the Comprehensive Plan and the Town of Garner Official Zoning Map (also known as “zoning map”) which is hereby incorporated by reference.
(Ord., 3-16-21)
1.9.4. Other Plans and Policies.
All other Town-adopted plans, maps, policies, and documents and all other outside agency maps, plans, policies, and documents referenced herein or necessary to enforce the provisions of this UDO are hereby incorporated by reference.
(Ord., 3-16-21)
1.9.5. Conformity.
Subject to Article 9, Nonconformities, no
may
, occupy, or sell any land or buildings, or authorize or permit the use, occupancy under their control, except in accordance with all applicable provisions of this UDO.
(Ord., 3-16-21)
1.10.1. Vested Rights.
A. Any
or
for which a permit was issued before the effective date of this UDO may be completed in conformance with the issued permit and other applicable permits and conditions, even if such
or
does not fully comply with provisions of this UDO.
B. Nothing in this UDO shall require a change to a phasing plan approved prior to the adoption of this UDO, provided construction is consistent with the terms and conditions of the phasing plan and proceeds to completion in a timely manner. The
shall continue
activities, as evidenced by an active
permit or other
, in order to continue a project under a previous phasing plan.
C. If
is not completed according to the applicable permit terms, the Town Council may, for good cause shown, grant an extension of up to one year for such
.
(Ord. No. 3558, § 2, 7-7-09; Ord., 3-16-21)
1.10.2. Permit Choice.
A. Pursuant to G.S. § 160D-108, any complete application submitted before the effective date of an amendment to this UDO may be evaluated and decided, at the applicant’s discretion, in conformance with applicable permits and regulations in effect at the time of submission of the application.
B. If
is not commenced or completed according to the applicable terms of the application, the Town Council may, for good cause shown, grant an extension of up to one year for such
.
(Ord. No. 3558, § 2, 7-7-09; Ord., 3-16-21)
1.10.3. District Conversion.
The zoning districts in effect prior to the effective date of this UDO are hereby converted, as shown on the following table:
Figure 1.10-A: District Conversions
PREVIOUS DISTRICT | NEW DISTRICT* |
PREVIOUS DISTRICT | NEW DISTRICT* | ||
RESIDENTIAL ZONING DISTRICTS | |||
R-40 | 40 | RA | Rural Agricultural |
R-20 | 20 | R2 | Residential 2 |
R-15 | 15 | R5 | Residential 5 |
R-12 | 12 | R5 | Residential 5 |
R-9 | 9 | R5 | Residential 5 |
MF-1 | Multifamily Residential 1 | MF-1 | Multifamily Residential 1 |
MF-2 | Multifamily Residential 2 | MF-2 | Multifamily Residential 2 |
RMH | Manufactured Home Park/Subdivision | RMH | Manufactured Home Park/Subdivision |
NONRESIDENTIAL AND MIXED USE ZONING DISTRICTS | |||
NO | Neighborhood Office* | NC | Neighborhood Commercial |
NB | Neighborhood Commercial (formerly Neighborhood Business | NC | Neighborhood Commercial |
CBD | Central Business District | TBD | Traditional Business District |
OI | Office and Institutional* | CMU | Commercial Mixed Use |
SB | Service Business* | CMU | Commercial Mixed Use |
CR | Community Retail (formerly Community Business) | CMU | Commercial Mixed Use |
FLOATING OVERLAY ZONING DISTRICTS | |||
-MH | Manufactured Home Floating Zone (formerly Mobile Home Floating District) | -MH | Manufactured Home Floating Zone |
OVERLAY ZONING DISTRICTS | |||
CBA | Conservation Buffer Area | CBA | Conservation Buffer Area |
LBC | Lake Benson Conservation | LBC | Lake Benson Conservation |
SCC | Swift Creek Conservation | SCC | Swift Creek Conservation |
O-TD | Timber Drive Overlay | RAO | Residential Arterial Overlay |
- | Timber Drive East Overlay | RAO | Residential Arterial Overlay |
O-70 | U.S. 70/401 Overlay | CHO | Commercial Highway Overlay |
O-40 | I-40 Overlay | LAHO | Limited Access Highway Overlay |
GR-OD | Garner Road Overlay District | CHO | Commercial Highway Overlay |
OBSOLETE DISTRICTS | |||
MR-1 | Multi-Residential 1* | MF1 or MF2 | Multi-family Residential 1 or 2 |
RCD | Residential Cluster District* | R | One of the Residential general districts |
R-12 PR | Planned Residential District | CZ | Conditional Zoning District |
MXD-1 | Mixed Use Development District | CZ | Conditional Zoning District |
Notes: * Not all properties necessarily translated to a direct remapping conversion to the district(s) shown here as each location was considered on a case-by-case with regard to the existing and the surrounding properties at the time of the remapping. | |||
(Ord., 3-16-21)
1.10.4. Conditional Use District Conversion.
On the earlier of either the adoption of this ordinance or January 1, 2021, any existing and legal
s or
(PUD) zoning districts that are valid and in effect shall be deemed a Conditional Zoning (CZ) district subject to the same conditions of approval or conditions of operation of the existing entitlement.
(Ord., 3-16-21)