A.

In order to achieve the purposes established for this Ordinance as indicated in Section 6.2, and to further the goals and objectives stated in any plans for the future development of the City of Gastonia as adopted by the governing board, a number of zoning districts are hereby created. Districts are divided into the following categories:

1.

General zoning districts.

2.

Overlay districts.

3.

Conditional districts.

B.

Each general zoning district category serves a different function. A number of "residential," "commercial," "office" and "industrial" zoning districts have been created. Most allow for a variety of land use types and categories; certain districts allow for the mixing of land use types is encouraged. All of the geographic area to which this Ordinance applies shall be divided into one of the various general zoning districts.

C.

Overlay districts are created to address issues of particular concern in the community that overlay one or more of the general zoning districts. These regulations supplement those that are found in the underlying general zoning district. Any proposed use located within an overlay district would have to meet the requirements of the underlying general zoning district along with the requirements of the overlay district.

D.

Conditional districts are designed to, upon request of the underlying property owner(s) or authorized agent(s) to allow particular uses to be created under a set of guidelines in accordance with a specific development project approved by the Planning Commission or governing board. Conditional zoning involves the creation of a completely new zoning district designed to serve the needs of a particular development. No special use permit is involved, nor are there any quasi-judicial procedures. The owner of the property in question, or their authorized agent, are the only persons who can request a conditional district rezoning.

(Ord. No. 21-739, § 1, 6-15-21)

The RLD, "Residential Low Density" district may be located both within and beyond the Urban Standards Overlay District. The district, which contains the largest standard minimum lot size (eighty-seven thousand (87,000) square feet), is used in two (2) ways: to accommodate residential uses in the most rural portions of the City's jurisdiction; or, to protect areas from large-scale residential development where industrial or intense commercial development is called for on the land development plan in the future, but where specific development plans do not currently exist.

Four (4) urban residential districts are hereby created: RS-20, RS-12, RS-8 and RMF. The RS-20, RS-12 and RS-8 districts are primarily geared towards single-family residential development with standard minimum lot sizes ranging from twenty thousand (20,000) square feet in the RS-20 zone to eight thousand (8,000) square feet in the RS-8 zone. The RMF district is geared towards multi-family residential development.

These districts will most likely be found in the Urban Standards Overlay District and are served by public utilities. Higher densities than those normally allowed and a variety of different residential types may be accommodated in all zones through planned residential developments (PRD's), infill residential developments, and traditional neighborhood developments (TND's) and/or through the satisfaction of certain of certain performance design and construction criteria.

A.

Four (4) office and low-impact commercial zoning districts are hereby created: Transitional Mixed Use (TMU), Office/Light Commercial (OLC), Office (O-1) and the Medical Office (OM) districts.

B.

The TMU district permits office retail, multi-family, and mixed-use dwellings with massing and architecture serving as a transition from CVD and UMU to residential only districts. Such areas are most often found in developed, urban portions of the City within the Urban Standards Overlay District. Many such areas, especially those found along major corridors were originally developed for residential purposes. But due to their location, the blending of non-residential uses and higher density residential development has taken place.

C.

The OLC district also allows for and is designed to accommodate mixed office, retail and residential development. Such higher intensity development will most likely occur within the Urban Standards Overlay District where public utilities are present and where access to major thoroughfares and/or transit is found. Development in OLC areas will most likely be at a higher intensity level than in the TMU district.

D.

The O-1 district accommodates larger-scale office developments along with complimentary commercial service establishments.

E.

The OM district is designed to accommodate medically oriented uses that lie in close proximity to Gaston Memorial Hospital or other existing or planned community medical facilities in the County. In order to serve the general public better, complementary uses (doctors' offices, medical supply shops, pharmacies, etc.) are encouraged to locate near these medical facilities. Uses that are non-medically related are generally excluded for this zoning district so as to not compete for space that could otherwise be developed for medically related uses. Given the relative small amount of land suitable for such zoning, uses which predominate in other zoning districts (e.g., residences, non-medically related retail uses) are not allowed in the O-M district.

(Ord. No. 22-763, § 1, 5-17-22)

A.

Five (5) commercial districts are hereby created: Central Business District (CBD), Urban Mixed Use (UMU), Light Commercial (C-1), Highway Commercial (C-2), and General Commercial (C-3).

B.

The CBD is designed to accommodate the uses found in a central city location and to encourage high intensity, compact, urban development in a pedestrian-oriented setting. Retail, office, personal service, and institutional uses normally found in a central business district are allowed. In order to encourage more efficient building usage and to take advantage of the area's centralized location, second-story residential uses are permitted, as are high-density residential developments. Signage requirements shall be specifically tailored for a downtown setting.

C.

The UMU district is generally located in the periphery of central business districts and is designed to allow for the redevelopment of older commercial districts in a pedestrian-friendly manner. An UMU zoned area may not represent the true downtown business core of a community, but contains development features (e.g., limited or no front yard setbacks, limited amounts of off-street parking) that often pre-date the implementation of land use regulations. Redevelopment of such areas, for both commercial and residential purposes, is encouraged.

D.

The C-1 Light Commercial District is designed to accommodate a large variety of retail uses designed to meet the needs of individual neighborhoods, or other relatively small geographic areas. Stores and shopping complexes are therefore relatively small in size and are designed to be compatible and integrated with adjoining residential neighborhoods. This zoning district is not intended to accommodate retail uses which attract persons from outside the neighborhood or which attract large numbers of passing motorists.

E.

The C-2 Highway Commercial District is primarily intended to accommodate those retail service and distributive uses that are typically located along or adjacent to principal or minor arterials and which require high visibility, good road access, and which cater primarily to passing motorists. Development in this district is designed to promote aesthetics and the safe and efficient movement of traffic so as to not unduly burden adjacent thoroughfares. As larger and/or more intensive developments normally will create more significant impacts on adjoining neighborhoods and road and utility infrastructures, larger developments may be allowed in this zoning district. Most C-2 zoning districts will be located within the Urban Standards Overlay District.

F.

The C-3 District is intended to accommodate the broadest array of commercial uses of all the commercial zoning districts, some of which are not allowed in any of the other commercial zoning districts. Like the C-2 district, the C-3 district is intended to accommodate the community's larger and most intense commercial developments (outside of the central business district) and be located within the Urban Standards Overlay District.

A.

Four (4) industrial districts, light industrial (I-1), general industrial (I-2) exclusive industrial (I-3), and Urban Industrial (IU) are hereby created.

B.

The I-1 district is established to provide for areas that contain a mix of light manufacturing uses, office park and service uses in an attractive setting with proper screening and buffering. I-1 districts should include areas that continue the orderly development and concentration of light industrial uses. Any areas rezoned to the I-1 district subsequent to the adoption of this Ordinance should be located so as to have direct access to or lie within close proximity of a principal or minor arterial.

C.

The I-2 district is established to provide for areas of heavier manufacturing and industrial uses that are properly sited, based on such factors as: adjacent land uses, access to the transportation network, and the availability of public services and facilities. It is the intent of this district to provide an environment for industries that is unencumbered by nearby residential or commercial development. I-2 zoned districts shall be located in areas where conflicts with other uses can be minimized to promote orderly transitions and buffers between uses. The I-2 district is established in order to provide sites for activities that involve major transportation terminals, and manufacturing facilities that have a greater impact on the surrounding area than industries found in the I-1 district. I-2 districts shall generally not be located adjacent to any property that is zoned for residential use, except when mitigating factors (i.e., terrain, buffering, transportation access) are in place to substantively mitigate any potential negative impacts upon such residential areas caused by uses in the I-2 district. Any areas that are rezoned to an I-2 district subsequent to the adoption of this Ordinance shall be located so as to have direct access to or lie in close proximity of a principal or minor arterial.

D.

The I-3 district is established to provide areas for the most intensive heavy manufacturing and industrial uses that may have impacts such as excess noise, environmental concerns and extended hours of operation. Uses in this district are extremely limited and include extractive and mining uses, petroleum refining and slaughterhouses. I-3 districts shall not be located adjacent to any property that is zoned for residential use. Any areas that are rezoned to an I-3 district subsequent to the adoption of this Ordinance shall be located so as to have direct access to or lie in close proximity of a principal or minor arterial.

E.

The I-U urban industrial district is normally found in older portions of the community that were developed prior to the advent of zoning regulations and which contain older industrial and warehouse-type uses. Such uses oftentimes do not conform to the parking, bulk, or setback requirements that would be applicable if those structures were developed today. The purpose of this district is to accommodate such existing uses and to encourage the redevelopment of such uses for industrial, commercial and/or residential purposes.

A.

The PD planned district is established to allow various types of planned developments, including Revised Residential Development District, Planned Unit Developments (PUD), and Traditional Neighborhood Developments (TND). The planned district is a shell in which the planned developments are housed. In some districts, the PD has no setback or lot arrangements associated with the zone, however, each planned development type dictates the particulars of the development. A PD planned district shall be established only for the planned developments noted above.

B.

The AP airport district is established in order to ensure that uses within airports are developed in a manner harmonious with each other and to motorists traveling on roads in the vicinity of such airports. To this extent, regulations are established governing such criteria as setbacks and construction materials.

1.

Uses allowed. Uses allowed within the AP district shall be limited to airports and facilities normally incidental to an airport operation including, but not limited to, passenger terminals, terminal restaurants and lounges, runways, control tower facilities, automobile rental facilities, air freight operations, airplane hangars, maintenance facilities, airport-related offices, National Weather Service operations, parking facilities, fire and emergency service facilities, Air National Guard facilities, airplane rental operations, flight service station facilities, and flight training operations.

2.

Minimum lot size. Airports—Fifty (50) acres.

3.

Minimum front, side, and rear yards. The minimum front, side, and or rear yard for any structure shall be fifty (50) feet from the edge of any public road right-of-way.

4.

Maximum building height (except as provided in Sections 7.8 and 9.15 of this Ordinance). All uses—None, except that all structures are subject to applicable height limitations and regulations as promulgated by the Federal Aviation Administration (FAA) and other appropriate agencies in order to prevent hazards to the lives and property of the users of the airport and the occupants of land in its vicinity. Such regulations shall supersede any height regulations otherwise called for in this Ordinance.

5.

Screening. Where buildings and structures other than terminals and control/radar instruments and landing towers are located between the runway/taxiway and any public street, a level 2 screen shall be provided. All required trees shall be less than twenty (20) feet in height at maturity.

C.

The SP state park district is established to allow for parks (along with their customary accessory uses) which are owned and operated by the state and for the conservation of public lands for recreation, conservation, and open space purposes. Within any SP district, parks owned and operated by the state (i.e., state parks) shall be uses by right irrespective of any other laws or regulations of the city. Uses normally found within such parks include (but are not limited to) museums with indoor and outdoor displays, campgrounds (primitive and developed), overnight accommodations, snack bars and restaurants, information centers, park ranger facilities (including park ranger residences), and amphitheaters.

1.

Uses allowed. Uses allowed within the SP district include parks owned and operated by the state. Accessory uses within such parks include (but are not limited to) amphitheaters, primitive and developed campgrounds, overnight indoor lodging facilities, restaurants and snack bars, museums with indoor and outdoor displays, visitor centers, park ranger centers and residences, and park-related outdoor recreation facilities.

2.

Minimum lot size. Parks—Five (5) acres.

3.

Minimum front, side, and rear yards. The minimum front, side, and or rear yard for any park structure shall be fifty (50) feet from the edge of any public road right-of-way.

4.

Maximum building height (except as provided in Sections 7.8 and 9.15 of this Ordinance). All uses—None.

5.

Screening. Screening shall not be required of any state park.

(Ord. No. 19-690, § 1, 8-20-19)

Overlay districts are established to provide for certain additional requirements and/or uses for properties located in one or more general zoning districts. Thus, in addition to the requirements of the underlying general zoning district, the provisions of the overlay district would also prevail in the areas so zoned. The initial zoning of areas to an overlay district and/or any subsequent rezonings may be initiated by an individual, the Planning Commission, or City Council. A zoning map change either establishing or changing any overlay district shall be subject to the same procedures and requirements as any other zoning map change. In certain areas, two (2) or more overlay districts may apply. In any such instance where there are conflicting provisions, the more stringent requirements shall apply.

See Chapter 7 for the overlay zoning district regulations.

It is the purpose of this zoning district to promote public health, safety, and general welfare and to minimize public and private losses due to flood conditions within floodprone areas by provisions designed to:

A.

Restrict or prohibit uses that are dangerous to health, safety, and property due to water or erosion hazards or that result in damaging increases in erosion, flood heights or velocities;

B.

Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;

C.

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;

D.

Control filling, grading, dredging, and all other development that may increase erosion or flood damage; and

E.

Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or which may increase flood hazards to other lands.

F.

Specific objectives of this zoning district are:

1.

To protect human life and health;

2.

To minimize expenditure of public money for costly flood control projects;

3.

To minimize the need for rescue and relief efforts associated with flooding that are at the expense of the general public;

4.

To minimize prolonged business losses and interruptions;

5.

To minimize damage to public facilities and utilities (i.e., water and gas mains, electric, telephone, cable and sewer lines, streets, and bridges) that are located in floodprone areas;

6.

To help maintain a stable tax base by providing for the sound use and development of floodprone areas; and

7.

To ensure that potential buyers are aware that property is in a Special Flood Hazard Area.

The purpose of the historic overlay district is to help maintain the integrity and heritage of older areas of the City contain distinctive historically, architecturally, or archaeologically significant features. In order to protect such characteristics from any adverse effects caused by incompatible development and to contribute to the improvement of the general health and welfare of the City, these regulations are hereby enacted. One or more separate historic overlay districts may be created in various parts of the City and its planning jurisdiction.

The following historic overlay districts are hereby created:

A.

York-Chester Historic District.

B.

Brookwood Historic District.

The purpose of the SV District is to protect the scenic views from within the Daniel Stowe Botanical Garden. Gaston County hereby finds that the Daniel Stowe Botanical Garden has become a major asset to economic development, tourism, recreation, and natural resource conservation for Gaston County and the surrounding region. In order to preserve and enhance the natural scenery fostered by the Botanical Garden and enjoyed by visitors to the Garden, Gaston County finds it necessary to control the height of structures within the view from the Garden. Gaston County also finds that the erection of tall structures in areas within view of the Botanical Garden can result in the degradation of its natural scenic views and thus reduce its attraction as a natural scenic area and a retreat from urban development.

The TH district has been created to insure that development that takes place along designated thoroughfares be well planned. At some point in the future, widening or construction of these roads will take place. In order to minimize any negative impacts to adjoining property owners occurring as a result of such widening projects, the TH district has been created to require that all new structures lying on properties along these roads be adequately set back from existing and/or projected road rights-of-way. In this manner, all structures built per the TH district requirements will be adequately set back from the road when it is widened.

Areas of the County that are located (1) within existing municipal corporate limits or (2) outside their corporate limits but where the provision of public water and sewer services can reasonably be expected to occur over the next ten (10) to fifteen (15) years, have been designated as the "Urban Standards Overlay District". Accordingly, standards for development, more akin to those that traditionally are found in urban areas, as opposed to rural areas, are called for. Standards address such issues including, but not limited to, building design, off-street parking, road, lot and subdivision standards.

The purpose of the GC Gateway Corridor Overlay District is to preserve and enhance the streetscape along important highway corridors and to promote the orderly development of land and safe and efficient movement of traffic. The Gastonia City Council finds that it is desirable to implement basic design standards and use limitations along important gateways in Gastonia. The City Council further finds that the aesthetic quality and orderly development of the City's important interchanges creates lasting impressions of the community by visitors and helps to promote a quality community image, thus helping to further the continued growth, economic development and quality of life in the City.

The purpose of the Center City Design overlay district is to help maintain the integrity of neighborhoods in and around the Center City that contain distinctive historical, architectural, or archaeologically significant features. In order to protect such characteristics from any adverse effects caused by incompatible development and to contribute to the improvement of the general health and welfare of the City, these regulations are hereby enacted. One or more separate overlay districts may be created in the Center City to accomplish this goal.

The following historic overlay districts are hereby created:

A.

Oakland Area Center City Design District.

The purpose of the Franklin Urban Sports and Entertainment Overlay District is to ensure that the development and uses within the district boundary are compatible with promoting the FUSE sports and entertainment complex and establishing the image of a contemporary, vibrant, pedestrian-centric, mixed use area that is harmonious with the complex, its events and the redevelopment of the properties surrounding this overlay district. The City Council finds that it is desirable to implement design standards and use limitations in order to accomplish this purpose. The City Council further finds that it is necessary to establish the Franklin Urban Sports and Entertainment Overlay District Design Guidelines for the general health and welfare and the economic well-being of Gastonia's citizens.

(Ord. No. 23-797, § 1, 9-19-23)

The Conditional Zoning (CD) District process allows for the establishment of certain uses that, because of their nature or scale, have particular impacts on both the immediate area and the community as a whole. The development of these uses cannot be predetermined or controlled by general district standards. In order to accommodate these uses, this Section establishes the conditional zoning district process. The process for approval of a CD Zoning District is explained in Section 5.16.4. The rezoning of any parcel of land to a CD district shall be a voluntary process initiated by the property owner or their authorized agent. Any area rezoned to a CD district shall be in strict compliance with the goals, objectives and implementation strategies of the Gastonia Comprehensive Plan and all other plans and regulations officially adopted by the Gastonia City Council. The review process established in this Section provides for the accommodation of such uses by a reclassification of property into a CD district, subject to specific conditions (which may exceed those that would otherwise be required for the use in question), which ensure compatibility of the use with the enjoyment of neighboring properties and in accordance with the general plans of development of the City. A conditional zoning district is not intended for securing early zoning for a proposal.

(Ord. No. 11-586, § 3, 1-18-11; Ord. No. 21-739, § 1, 6-15-21)