(A)   No PIU or PI District shall contain less than 100 gross acres.

   (B)   The PIU and PI Districts may be combined to meet the minimum requirement of this section, provided the districts are contiguous.

   (C)   Addition to any existing PIU and PI District or combination thereof may be allowed provided the addition meets or exceeds all other applicable requirements.

(Ord. No. 2337, § 1, passed 6-13-1991)

   (A)   The R-6N District shall be established in existing neighborhoods.

   (B)   No R-6N District shall contain less than 50 gross acres.

   (C)   Addition to any existing R-6N District may be allowed, provided the addition meets the district standards of this section.

   (D)   The maximum number of lots used for two-family and multi-family development within the R-6N District shall not exceed 14% of the total number of lots in the district. For purposes of this section, each single-family dwelling, two-family attached and multi-family structure sharing common area shall be considered as one lot.

(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 2423, § 2, passed 2-13-1992)

   (A)   No development tract which is zoned entirely or in part MCG shall be less than four net acres. This tract shall be referred to as the “original development tract.”

   (B)   Lots containing less than four acres may be created by lawful subdivision, provided any outparcels created by the division shall not have direct driveway access to any public street. It is the intent of this provision to require that outparcels of the original development tract be served by internal traffic circulation in conjunction with the original development tract.

   (C)   The minimum primary width of any original development tract regulated under this section shall not be less than 150 feet as measured along the public street setback line (MBL).

   (D)   The minimum primary width of any outparcel regulated under this section shall not be less than 120 feet as measured along the public street setback line (MBL).

   (E)   The secondary lot width of any townhouse type division, of any tract, lot or outparcel shall not be less than 16 feet at the closest point of the side lot lines. The division shall be subject to subsection (B) above.

   (F)   The standards of Article G shall apply, provided, however, that the side and rear yard requirements shall not be less than Bufferyard C. This provision shall apply only to the original development tract and to the side and/or rear yard of any outparcel or townhouse type lot located on the peripheral boundary of the original development tract.

   (G)   The cross-district parking standards set out under Article O, section 9-4-249(A) shall apply.

(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 94-77, § 1, passed 5-12-1994; Ord. No. 97-85, §§ 1, 2, passed 8-14-1997)

   (A)   No PUD District shall contain less than ten gross acres.

   (B)   Addition to any existing PUD District may be allowed, provided the addition meets or exceeds all other applicable requirements.

(Ord. No. 2337, § 1, passed 6-13-1991)

   (A)   Purpose and intent; definition.

      (1)   The purpose of the Water Supply Watershed (WS) Overlay District and the standards set forth under this section are to protect and manage surface water supply watersheds pursuant to the Water Supply Watershed Act of 1989 and G.S. 143-214.5, as amended.

      (2)   The standards contained herein shall be in addition to the standards of the underlying zoning district(s).

      (3)   For purposes of this section a Water Supply Watershed (WS) District is defined as an overlay zoning district which controls development density and intensity through minimum lot area and maximum impervious surface coverage (built-upon area) standards within the regulated water supply watersheds.

   (B)   Regulated area.

      (1)   The provisions of this section shall apply within the areas designated as a surface water supply watershed by the North Carolina Environmental Management Commission and as illustrated on the map entitled, “Watershed Protection Map of Pitt County, North Carolina,” which is incorporated herein by reference.

      (2)   The regulated area(s) are hereby adopted by reference as overlay zoning district(s) entitled “Water Supply Watershed (WS) District” and included on the official zoning map of the city. Where any discrepancy is found to exist as to the boundaries of the regulated area(s) as illustrated and described by and between the official zoning map of the City of Greenville and the “Watershed Protection Map of Pitt County, North Carolina,” the more restrictive shall apply.

      (3)   The regulated area is hereby further divided into two districts entitled “Water Supply Watershed - Critical (WS-C)” and “Water Supply Watershed - Protected (WS-P).” The boundaries of these districts are illustrated and described on the map entitled “Watershed Protection Map of Pitt County, North Carolina,” and the official zoning map of the City of Greenville.

      (4)   The provisions of this section shall apply to regulated area(s) both within the city limits and within the extraterritorial zoning jurisdiction of the city as amended.

   (C)   Watershed classification.

      (1)   The Environmental Management Commission of North Carolina has classified all surface water supply watersheds within the city’s zoning jurisdiction as WS-IV. The Commission has further divided the regulated area as described herein into critical and protected areas.

      (2)   Critical areas (WS-C) are defined as the area adjacent to a water supply intake where the risk associated with pollution is greater than from remaining portions of the watershed. The critical area, as illustrated on the Watershed Protection Map, extends one-half mile upstream from the intake located directly in the river, or to the ridge line of the watershed, whichever comes first.

      (3)   Protected areas (WS-P) are defined as those areas adjoining and upstream of the critical area in which protection measures are required. The boundaries of the protected area extend ten miles upstream and draining to the intake located directly from the river, or to the ridge line of the watershed, whichever comes first.

   (D)   Applicability. All new development activities, commenced after the effective date (July 1, 1993) of this section, requiring a sedimentation and erosion control plan shall comply with the provisions of this section.

   (E)   Exemptions.

      (1)   Single-family dwelling or addition(s) thereto located on an individual lot of record established prior to the effective date (July 1, 1993) of this section.

      (2)   Existing development as defined and regulated in accordance with Article C of this chapter.

      (3)   Completion of nonconforming projects allowed in accordance with Article C of this chapter.

      (4)   Additional exclusions as defined in 15A NCAC 02B.0624(3).

   (F)   Certificates of watershed protection compliance.

      (1)   The City Engineer or his or her designated representative is hereby authorized to issue certificates of watershed protection compliance for activities subject to this section.

      (2)   A certificate of watershed protection compliance shall be required for all activities within the regulated area in addition to other zoning compliance permits or other approvals as may be required. No land disturbing activity within the regulated area shall begin until a certificate of watershed protection compliance has been issued in accordance with this section.

      (3)   Subdivision plats and site plans approved after the effective date (July 1, 1993) of this section shall be subject to the following requirements.

         (a)   The boundaries of the Water Supply Watershed Protected (WS-P) and Critical (WS-C) Districts shall be indicated on all preliminary and final subdivision plats and site plans.

         (b)   Where any portion of land proposed for subdivision lies within a Watershed Protection District a certificate of watershed protection compliance shall be included on all final subdivision plats. The certificate shall read as follows:

   Certificate of Approval for Recording

            I certify that the final plat shown hereon complies with the Water Supply Watershed Overlay District standards in accordance with Title 9, Chapter 4, Zoning of the Greenville City Code and is approved for recordation in the Register of Deeds.

            _________________________________           _____________

             City Engineer                        Date

            Notice:    This property, or part indicated, is located within a Public Water Supply Watershed and development restrictions may apply.

         (c)   Where any portion of land proposed for development lies within a watershed protection district a certificate of watershed protection compliance signed and sealed by a professional engineer shall be included on all site development plans. The certificate shall read as follows:

   Certificate of Watershed Protection Compliance

            I, ________, hereby certify that the site development plan shown hereon complies with the Water Supply Watershed Overlay District standards in accordance with Title 9, Chapter 4, Zoning of the Greenville City Code.

            ______________________   ____________

            Signature               Date         

                  SEAL:

   (G)   Enforcement. The City Engineer or his or her authorized representative is hereby designated by the City Council as its agent for the enforcement of these regulations.

   (H)   Development restrictions.

      (1)   Critical area (WS-C). Low density option:

         (a)   Single-family residential development shall not exceed two dwelling units per gross acre on a project-by-project basis. No single-family residential lot shall be less than one-half acre or 20,000 square feet in area, excluding street rights-of-way, except as provided under section 9-4-197(H)(3) for cluster development.

         (b)   All other residential and nonresidential development shall not exceed 24% built-upon area on a project-by-project basis. For purposes of calculating built-upon area, total project area shall include total acreage in the tract on which the project is to be developed.

      (2)   Protected area (WS-P). Low density option:

         (a)   Single-family residential development shall not exceed two dwelling units per gross acre on a project-by-project basis. No single-family residential lot shall be less than one-half acre or 20,000 square feet in area, excluding street rights-of-way, or 15,000 square feet in area, excluding street rights-of-way, for projects without curb and gutter street construction and an underground piped storm drainage system, except as provided under section 9-4-197(H)(3) for cluster development and section 9-4-197(H)(4) for high density development.

         (b)   Except as otherwise provided, all other residential and nonresidential development shall not exceed 24% built-upon area on a project-by-project basis. For projects without curb and gutter street construction and an underground piped storm drainage system, development shall not exceed 36% built-upon area on a project-by-project basis. For purposes of calculating built-upon area, total project area shall include total acreage in the tract on which the project is to be developed.

      (3)   Clustering. Clustering of development shall be allowed on a project-by-project basis subject to all of the following requirements:

         (a)   Overall density of the project shall meet the associated density or stormwater runoff requirements of the controlling water supply watershed district classification, WS-C or WS-P;

         (b)   Single-family detached residential developments shall be subject to the provisions of Article F and Article M of this chapter;

         (c)   Two-family attached (duplex) residential developments shall be subject to the provisions of Article F of this chapter;

         (d)   Multi-family residential developments shall be subject to the provisions of Article I of this chapter;

         (e)   Mobile home development shall be subject to the provisions of Article F and Article H of this chapter;

         (f)   Nonresidential developments shall be subject to the provisions of Article F of this chapter;

         (g)   Built-upon areas shall be designed and cited to minimize stormwater runoff impact to the receiving waters and to minimize concentrated stormwater flow in accordance with best management practices in the opinion of the City Engineer; and

         (h)   The area by which each lot is reduced below the minimum lot area requirement of this section shall be reserved as perpetual open space. Such open space shall be set forth by description and notation upon a final subdivision map and any development or other land disturbing activity shall be prohibited within the area. Specifically, the open space area shall be perpetually maintained in its vegetated or natural state.

      (4)   Protected area (WS-P). High density option: Where new development exceeds the low density limits provided in section 9-4-197(H)(2), engineered stormwater controls shall be used to control stormwater runoff from the development site and development shall not exceed 70% built- upon area. High density development shall meet the requirements of section 9-4-197(O) and 15A NCAC 02B.0624(7).

   (I)   Buffer area required.

      (1)   A vegetative buffer, as measured from top of bank, shall be required for new development activities along each side of all perennial waters indicated on the most recent versions of the U.S.G.S. 1:24,000 (7.5 minute) scale topographical maps, or as determined by local government studies, in accordance with the following:

            Low density option - Minimum 50 feet.

            High density option - Minimum 100 feet.

      (2)   No new development is allowed in the buffer area except for water dependent structures, other structures such as flag poles, signs and security lights which result in only diminutive increase in impervious area and public projects such as road crossings and greenways where no practicable alternative exists. These activities should minimize built-upon area, direct runoff away from the surface waters and maximize the utilization of stormwater best management practices.

      (3)   Desirable artificial streambank or shoreline stabilization may be permitted.

   (J)   Prohibited uses. Regardless of the underlying zoning district, the following uses are prohibited in the Water Supply Watershed - Critical (WS-C) District.

      (1)   Landfills; and

      (2)   Sites for land application of residual or petroleum contaminated soils.

   (K)   Variances.

      (1)   Prior to final consideration by the Board of Adjustment as authorized by Article S of this chapter, all major variance requests shall be reviewed by the N.C. Environmental Management Commission. For purposes of this section a “major variance” is defined as:

         (a)   Any variance that constitutes greater than a 10% deviation from any numerical standard specified by this section; or

         (b)   Any variance to any standard set forth under the high density development option.

      (2)   The Board of Adjustment shall not be authorized to grant or approve any major variance which has not first been reviewed by and received approval of the N.C. Environmental Management Commission.

      (3)   Prior to Board of Adjustment consideration of any variance the Director of Planning and Development Services or his or her designated representative shall notify in writing each local government having jurisdiction within the subject watershed and each local government or other entity using the watershed for water consumption, including private water corporations and the like. The notice shall contain a copy of the complete application as submitted, including a description of the variance and any required map. The local government(s) and/or other entities may submit written comments for consideration by the Board of Adjustment.

      (4)   The findings and recommendation of the N.C. Environmental Management Commission and any written comments of the local government(s) having jurisdiction within the subject watershed shall be made a part of the findings of fact and record of the Board of Adjustment. Such findings, recommendations and written comments and other competent evidence as may be presented shall be considered by the Board of Adjustment in accordance with law.

      (5)   If an application calls for the granting of a major variance, and if the Board of Adjustment decides in favor of granting the variance, the Board shall prepare a preliminary record of the hearing. The preliminary record of the hearing shall include: the variance application; the hearing notices; the evidence presented; motions, offers of proof, objections to evidence, and rulings on them; proposed findings and exceptions; and the proposed decision, including all conditions proposed to be added to the permit. The preliminary record shall be sent to the Environmental Management Commission for its review as follows:

         (a)   If the Commission concludes from the preliminary record that the variance qualifies as a major variance and that both the property owner can secure no reasonable return from, nor make any practical use of the property unless the proposed variance is granted; and the variance, if granted, will not result in a serious threat to the water supply; then the Commission shall approve the variance as proposed or approve the proposed variance with conditions and stipulations. The Commission shall prepare a commission decision and send it to the Board of Adjustment. If the Commission approves the variance as proposed, the Board shall prepare a final decision granting the proposed variance. If the Commission approves the variance with conditions and stipulations, the Board shall prepare a final decision, including such conditions and stipulations, granting the proposed variance.

         (b)   If the Commission concludes from the preliminary record that the variance qualifies as a major variance and that either: the property owner can secure a reasonable return from or make a practical use of the property without the variance, or the variance, if granted, will result in a serious threat to the water supply, then the Commission shall deny approval of the variance as proposed. The Commission shall prepare a Commission decision and send it to the Board of Adjustment. The Board shall prepare a final decision denying the variance as proposed.

   (L)   Amendment. Amendment to the Water Supply Watershed Overlay District regulations as contained herein shall be filed with the N.C. Division of Environmental Management and the N.C. Division of Community Assistance. No amendment shall become effective until the city has received approval from the state as provided by law and the applicable water supply watershed protection rules.

   (M)   Record of amendments and variances.

      (1)   Amendments. The Director of Planning and Development Services or his or her designated representative shall keep a record of amendments to this section and provide copies of all amendments upon adoption to the Supervisor of the Classification and Standards Group, Water Quality Section, Division of Environmental Management, the N.C. Division of Environmental Health, and the N.C. Division of Community Assistance.

      (2)   Variances. The Director of Planning and Development Services or his or her designated representative shall keep a record of all variances from this section. This record shall be submitted to the Supervisor of the Classification and Standards Group, Water Quality Section, Division of Environmental Management on or before January 1 of each year and shall provide a description of each project receiving a variance and the reasons for granting the variance.

   (N)   Compliance with subdivision standards. All development regulated in accordance with this section shall be subject to the requirements, conditions and restrictions of the subdivision regulations whether or not the subject tract is actually divided for the purpose of transferring title.

   (O)   Stormwater management requirements.

      (1)   All stormwater management techniques and improvements shall be in accordance with best management practices (BMPs). For purposes of this section, “best management practices (BMPs)” are defined as structural or nonstructural management-based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection goals.

      (2)   Stormwater controls shall be reviewed, regulated and improved pursuant to Title 9, Chapter 9, Stormwater Management and Control, of the Greenville City Code.

(Ord. No. 2640, § 1, 6-10-93; Ord. No. 94-41, §§ 1–3, passed 3-10-1994; Ord. No. 97-15, §§ 1–7, passed 2-13-1997; Ord. No. 06-75, § 1, passed 8-10-2006; Ord. No. 18-055 §§ 1-7, passed 10-11-2018; Ord. 19-045, § 1, passed 9-12-2019)

   The requirements, conditions and restrictions of Title 9, Chapter 7, of the City Code entitled “Historic Preservation Commission” shall apply.

(Ord. No. 94-22, § 2, passed 2-10-1994)

   (A)   Purpose and intent; definition.

      (1)   The purposes of the Conservation Area (CA) Overlay District and requirements set forth under this section are: to provide for permanent open space and desirable buffers between proposed uses and incompatible adjacent land uses, environmentally sensitive areas or hazardous areas in excess of minimum standards; and to provide a method and means by which the open space and increased buffer areas may be utilized to fulfill zoning requirements applicable to individual lot development.

       (2)   A Conservation Area (CA) Overlay District is defined as an overlay zoning district adopted in conjunction with an underlying common general purpose district, as listed under Article D, Part 2, sections 9-4-46 through 9-4-73, wherein the zoning rights, standards, restrictions and requirements as set forth herein for the common general purpose district shall extend to the CA District zoned area of a lot of record while prohibiting the encroachment of buildings, structures, parking, drives and other impervious areas or other residential and/or nonresidential uses or activities including storage, stock-in-trade display and delivery of service, inconsistent with this section, within the CA District zoned portion of the lot.

   (B)   Standards.

      (1)   Initiation of a petition for a Conservation Area (CA) Overlay District zoning map amendment shall be restricted to the legal owner of record, both at the time of initial application and City Council final action, or the authorized agent of the owner at such times. No CA Overlay District shall be established or amended without first being submitted to the Planning and Zoning Commission for review and recommendation in accordance with original submission requirements.

      (2)   All Conservation Area (CA) Overlay Districts shall be delineated upon the official zoning map as both the underlying common general purpose district and CA Overlay District. The general purpose district title shall be followed by “-CA” in all areas zoned Conservation Area (CA) Overlay.

      (3)   At the time of zoning consideration of any CA Overlay District, the area within the proposed CA Overlay District shall be undeveloped and vacant and shall not contain any principal and/or accessory buildings, structures or parking or be subject to any vested right to continue any activity or site development inconsistent with this section.

      (4)   No CA Overlay District zoned area of any lot, either at the time of initial zoning or as a result of future zoning action or subdivision, shall be less than 100 feet at its narrowest dimension.

      (5)   Except as otherwise provided, no portion of any CA Overlay District shall be used as a building site. No buildings, structures, parking or other impervious areas shall be allowed to encroach into any CA Overlay District, and no portion of any CA Overlay District shall be used for any temporary and/or permanent residential or nonresidential purpose including storage and delivery of service.

      (6)   Public streets and sidewalks, public utility and other public infrastructure improvements and/or structures may be constructed within a CA Overlay District.

      (7)   Stormwater detention ponds and drainage improvements may be constructed within a CA Overlay District.

      (8)   Private streets and sidewalks, driveways and general (public/customer) pedestrian access walkways may encroach into any CA Overlay District subject to compliance with all the following requirements:

         (a)   Shall be designed to provide direct access to and from adjacent public streets, designated common property, public access easements and lot lines; and

         (b)   No temporary or permanent parking area or space(s) shall be allowed within any CA Overlay District.

      (9)   Required bufferyard (peripheral and street yard) setbacks in accordance with Article G, street right-of-way (front yard) setbacks and minimum yard areas in accordance with Article F, may be located in any CA Overlay District.

      (10)   Required or optional vegetation materials may be qualified and/or planted and berms, fences and other landscape features approved by the Director of Planning and Development Services, or the Director’s authorized representative, may be allowed within any CA Overlay District.

      (11)   All portions of a lot located within a CA Overlay District shall be utilized to count toward total lot area, lot width and lot frontage for purposes of determining allowable density, minimum lot area, minimum open space, maximum lot coverage, minimum vegetation, minimum recreation area and other requirements or restrictions related to lot area or dimension as may apply in accordance with the underlying general purposes district or other applicable standards.

      (12)   Public greenway and public recreational improvements shall be allowed in any CA Overlay District.

      (13)   Except as further provided, no property shall be subdivided or zoned CA Overlay which would result in a lot that does not contain an adequate building site. No lot or parcel shall be located completely within a CA Overlay District unless the lot or parcel is dedicated or deeded to the public or unless the lot or parcel is dedicated as common area open space as part of a contiguous townhouse, condominium or other common property development as shown upon a final plat recorded pursuant to the subdivision regulations.

      (14)   When property that contains any area zoned CA Overlay District is proposed to be subdivided, the preliminary subdivision plat and final subdivision plat shall delineate the CA Overlay District area as “conservation area” and shall note restrictions applicable to such area as provided herein. Areas that are indicated on a final plat as “conservation area” pursuant to this section shall not constitute a public dedication of lands except as specifically noted by description, and such areas may be reconfigured pursuant to zoning amendment of the CA Overlay District boundary affecting the lot as may be approved by City Council.

      (15)   Prior to the issuance of a building permit for development on a lot that contains any area zoned CA Overlay District, or prior to the issuance of any zoning compliance permits or approvals to conduct any use of property in cases where a building permit is not required, a final subdivision plat of the lot shall be recorded pursuant to the subdivision regulations. The plat shall delineate the CA Overlay District area as “conservation area” and shall note restrictions applicable to that area as provided herein. Areas that are indicated on a final plat as “conservation area” pursuant to this section shall not constitute a public dedication of lands except as specifically noted by description, and the areas may be reconfigured pursuant to zoning amendment of the CA Overlay District boundary affecting the lot as may be approved by City Council.

(Ord. No. 03-50, § 2, passed 6-12-2003; Ord. No. 06-75, § 1, passed 8-10-2006; Ord. 19-045, § 1, passed 9-12-2019)

   (A)   Purpose and intent; definition.

      (1)   The purpose of the R-6A Restricted Residential Use (RU) Overlay District and requirements set forth under this section are:

         (a)   To provide a residential development option designed to encourage single-family and/or two-family attached (duplex) development; and

         (b)   To prohibit multi-family development within the underlying R-6A District included within the overlay.

      (2)   An R-6A Restricted Residential use (RU) Overlay District is defined as an overlay zoning district adopted in conjunction with an underlying R-6A (residential) general purpose district as listed under Article D, Part 2, section 9-4-51.1 wherein the zoning rights, standards, restrictions and requirements as set forth for the common general purpose district shall extend to the RU Overlay District zoned area in accordance with subsection (B) below.

   (B)   Standards.

      (1)   Initiation of a petition for a R-6A Restricted Residential use (RU) Overlay District zoning map amendment shall be restricted to the legal owner of record, both at the time of initial application and City Council final action, or the authorized agent of the owner at such times.

      (2)   All R-6A Restricted Residential use (RU) Overlay Districts shall be delineated upon the official zoning map as both the underlying R-6A (residential) general purpose district and RU Overlay District. The R-6A general purpose district title shall be followed by “-RU” in all areas zoned Restricted Residential use (RU) Overlay.

      (3)   The zoning rights, standards, restrictions and requirements of the R-6A underlying general purpose district shall extend to the R-6A-RU Overlay District, except as provided herein.

      (4)   No portion of a multi-family development shall be permitted within any R-6A-RU Overlay District and no portion of any area zoned R-6A-RU Overlay District shall count toward net lot area for purposes of multi-family density allowance or calculation on any lot located partially or totally outside a R-6A-RU Overlay District.

      (5)   Except as further provided, no R-6A-RU Overlay District shall contain less than five acres of net land area at the time of initial zoning or as a result of future zoning actions. Addition to any existing R-6A-RU Overlay District may be allowed provided the addition meets the district standards of this section. The dedication of public street rights-of-way, private street easements, public park lands and the like after the time of initial zoning, which results in the overlay district area being reduced below the initial five acre net area minimum, shall be allowed.

(Ord. No. 04-67, § 1, passed 6-1-2004)

   (A)   Purpose and intent; definition; designated area.

      (1)   Purpose and intent. The purpose and intent of the Urban Core (UC) Overlay District and requirements set forth under this section is to allow modification of specific site development standards of the underlying zoning district(s) which are designed to facilitate development and redevelopment of in-fill sites in the designated area specified under subsection (3) below.

      (2)   Definition. An Urban Core (UC) Overlay District is defined as an overlay zoning district adopted in conjunction with an OR, and/or CDF underlying general purpose district as listed under Article D, Part 2, sections 9-4-62 and 9-4-66 wherein the zoning rights, standards, restrictions and requirements as set forth for the common general purpose district shall extend to the Urban Core (UC) Overlay District zoned area in accordance with subsection (B) below.

      (3)   Designated area. All Urban Core (UC) Overlay District(s) shall be restricted to the land area located within the following boundary: south of Tenth Street, east of the CSXT Railroad, north of Fourteenth Street, west of Green Mill Run and ECU Easement (tax parcel 73545, DB 2215 - PG 597 (as existing on March 4, 2010. No Urban Core (UC) Overlay District shall be located outside of the designated area described by this subsection. An Urban Core (UC) Overlay District shall be established within the designated area upon City Council adoption of an individual zoning ordinance which defines the boundary of the specific Urban Core (UC) Overlay District located within the designated area boundary.

   (B)   Standards.

      (1)   Initiation of a petition for an Urban Core (UC) Overlay District zoning map amendment shall be made in accordance with section 9-4-331.

      (2)   If any portion of a lot, parcel or tract is zoned as Urban Core (UC) Overlay the entire lot, parcel or tract shall be included in the Urban Core (UC) Overlay.

      (3)   All Urban Core (UC) Overlay Districts shall be delineated upon the official zoning map as both the underlying general purpose district and UC Overlay District. The general purpose district title shall be followed by “-UC” in all areas zoned Urban Core (UC) Overlay District.

      (4)   The zoning rights, standards, restrictions and requirements of the underlying general purpose district shall extend to the Urban Core (UC) Overlay District, except as provided herein.

      (5)   Within any Urban Core (UC) Overlay District multi-family development, land use intensity multi-family (LUI) development rating 50, land use intensity dormitory (LUI) development rating 67, and dormitory development, as listed under Article D and Appendix A table of permitted uses, shall be subject to modified standards as listed under subsection (6) below, unless otherwise provided. All other standards, requirements and conditions of the underlying general purpose district not included under and modified by subsection (6) shall continue to apply.

      (6)   Modified standards. The following standards specified in this subsection are hereby adopted as substitute minimum requirements within the Urban Core (UC) Overlay District for the uses listed under subsection (5) above.

         (a)   Principal and accessory structure public street right-of-way setback per section 9-4-145(B)(1): The minimum setback may be reduced at the option of the owner to not less than five feet.

         (b)   Principal and accessory structure private street easement setback per section 9-4-145(B)(2): The minimum setback may be reduced at the option of the owner to not less than five feet.

         (c)   Principal and accessory structure public street right-of-way and private street easement setback per section 9-4-181(A): The minimum setback may be reduced at the option of the owner to not less than five feet.

         (d)   Bufferyard A per section 9-4-119(A): The applicable six-foot and/or ten- foot bufferyard width may be reduced at the option of the owner to not less than five feet regardless of lot size. Bufferyard with modification shall not exempt or reduce any vegetation requirement applicable to any Bufferyard A, as required prior to the application of this subsection.

         (e)   Parking space to dwelling structure separation per section 9-4-251(B)(9): The minimum separation requirement may be reduced at the option of the owner to not less than five feet.

(Ord. No. 10-19, § 2, 3-4-2010; Ord. 16-010, § 4, passed 2-11-2016)

   (A)   Purpose and intent; definition; designated area.

      (1)   Purpose and intent. The purpose and intent of the University Neighborhood Revitalization Initiative (UNRI) Overlay District and requirements set forth under this section are:

         (a)   To recognize that the university neighborhood is an established city neighborhood with a unique location between East Carolina University, the Tar River, and the Downtown Commercial District;

         (b)   To recognize that the university neighborhood has traditionally provided off-campus housing opportunities to students of East Carolina University and that a significant percentage of the dwellings located within the university neighborhood are renter occupied;

         (c)   To establish appropriate standards and safeguards that provide for compatibility among university neighborhood properties; and

         (d)   To facilitate the sustainability, preservation, restoration, and revitalization of the university neighborhood in order to promote the safety and the general welfare of the community.

      (2)   Definition. A University Neighborhood Revitalization Initiative (UNRI) Overlay District is defined as an overlay zoning district adopted in conjunction with an underlying general purpose zoning district, as listed in sections 9-4-46 through 9-4-72, wherein the zoning rights, standards, restrictions and requirements as set forth for the underlying general purpose zoning district shall extend to the University Neighborhood Revitalization Initiative (UNRI) Overlay District zoned area in accordance with subsection (B) below.

      (3)   Designated area. All University Neighborhood Revitalization Initiative (UNRI) Overlay District(s) shall be restricted to the land area located within the following boundary: bounded on the north by the Tar River, on the east by Elm Street, extended to the Tar River, on the south by E. 5th Street, and on the west by Reade Street, extended to the Tar River. No University Neighborhood Revitalization Initiative (UNRI) Overlay District shall be located outside of the designated area described by this subsection. A University Neighborhood Revitalization Initiative (UNRI) Overlay District shall be established within the designated area upon City Council adoption of a zoning ordinance which defines the boundary of the specific University Neighborhood Revitalization Initiative (UNRI) Overlay District located within the designated area boundary.

   (B)   Standards.

      (1)   A petition for a University Neighborhood Revitalization Initiative (UNRI) Overlay District zoning map amendment may be initiated in accordance with section 9-4-331.

      (2)   All University Neighborhood Revitalization Initiative (UNRI) Overlay Districts shall be delineated upon the official zoning map as both the underlying general purpose zoning district and the University Neighborhood Revitalization Initiative (UNRI) Overlay District. The general purpose zoning district title shall be followed by University Neighborhood Revitalization Initiative “-UNRI” in all areas zoned University Neighborhood Revitalization Initiative (UNRI) Overlay District.

      (3)   The zoning rights, standards, restrictions and requirements of the underlying general purpose zoning district shall extend to the University Neighborhood Revitalization Initiative (UNRI) Overlay District, except as modified by a provision of this chapter specifically made applicable to the University Neighborhood Revitalization Initiative (UNRI) Overlay District.

(Ord. No. 12-045, § 2, passed 10-11-2012; Ord. No. 14-020, passed 4-10-2014)

   (A)   Highway sign overlay district established. The highway sign overlay district is hereby established as a district which overlays existing zoning districts. The boundaries of the highway sign overlay district are as shown on the official zoning map, which are the same as shown on the map entitled "Highway Sign Overlay District," prepared by the Planning and Development Services Department of the City of Greenville.

   (B)   Statement of intent. It is the intent of this section to provide greater flexibility for signs in the area of the overlay and specifically near interstate and future interstate highways.

   (C)   Standards. The following standards shall apply to signs in the overlay.

      (1)   When located in a commercial or industrial zoning district, heights of flagpoles can be a maximum of 130 feet and the maximum size of the flag cannot exceed 25 feet by 40 feet and only one per site is permitted. Flagpole plans must have an engineer's seal for stress load and wind shear.

      (2)   A vertical flag pole shall be set back from all property boundaries a distance of at least one foot for each foot by which the pole in question exceeds 70 feet from finished grade.

      (3)   In all other respects signs shall follow the requirements of Article N of Title 9, Chapter 4 of the City of Greenville's code of ordinances.

(Ord. No. 20-016, § 1, passed 3-12-2020)

   (A)   General district standards.

      (1)   Single entity.

         (a)   Each Mixed Use Institutional (MUI) district must be under the control of a single entity and have a controlling governmental interest or be a hospital, college or university.

         (b)   Development of properties within the MUI may be accomplished or carried out by either the single entity or in collaboration with a private development partner.

      (2)   MUI developments may consist of one, or several, lots. They may also occur in phases.

      (3)   District dimensional standards.

         (a)   Lot area (net). All uses: none.

         (b)   Lot width (at the MBL). All uses: none.

         (c)   Public street setback: 0 feet minimum.

         (d)   Side setback: 0 feet minimum.

         (e)   Rear setback: 0 feet minimum.

         (f)   Height: 5 stories or 70 feet

         (a)   Minimum habitable (mechanically conditioned) floor area per unit:

            1.   One bedroom unit: 400 square feet.

            2.   Two or more bedroom unit: 500 square feet.

         (b)   Minimum parking: One space per unit.

      (5)   Multiple principal uses may be allowed on a single lot within an MUI.

      (6)   Residential uses may not exceed 25% of the total building square footage of an MUI. In the event of a phased development, this ratio will be enforced for each specific phase.

      (7)   Commercial uses may not exceed 30% of the total non-residential building square footage in an MUI district. In the event of a phased development, this ratio will be enforced for each specific phase.

      (8)   The ground floor of any vertically mixed use space must be designated for use by an active use ground floor use (i.e., no storage or residences).

      (9)   Initial bufferyard requirements shall be based on the most restrictive of anticipated uses and the requirement shall apply to all subsequent uses absent any change in zoning for the development.

      (10)   In the case of a vertically mixed use structure, in no event shall non-residential space be located above residential space.

      (11)   Any development phase within an MUI district shall provide 20% open space for either active or passive use. In the context of this subsection, open space shall mean all space that is not occupied by a building footprint. Uses such as outdoor amphitheater or other publicly accessible outdoor recreation shall also count towards satisfaction of this requirement.

   (B)   Application requirements.

      (1)   Any development in an MUI district must submit a Master Plan to the City of Greenville Technical Review Committee. All submissions must adhere to the Technical Review Committee requirements.

      (2)   Each application must also include the following.

         (a)   The specific standards intended to be modified as part of the approval process. If a standard is not listed as being modified, then the standard is considered applicable and the plan is required to comply. However, subsequent requests for alternative compliance and variances may still be submitted.

         (b)   The proposed maximum number of dwelling units.

         (c)   The proposed maximum square footage of nonresidential floor area.

         (d)   A general description of how the MUI district conforms with the Comprehensive Plan.

         (e)   In the event that a development is to occur in phases, then a phasing plan must be provided. Said phasing plan will also include an improvement schedule that can defer phase specific improvements by no more than one phase from when the associated phase is completed. I.e., if a multi-use path or outdoor amphitheater is approved in phase 1, it shall be completely installed prior to the completion of phase 2. All improvements shown for the final phase of a development must be completed prior to the issuance of a Certificate of Occupancy for any structure in the final phase.

         (f)   An illustrative 3-dimensional model or digital rendering that shows building elevations, location of streets and prominent site features. The 3-dimensional model must illustrate the potential massing and scale of the proposed development, but will not be regulatory.

   (C)   Master plan required. In an MUI district, standards of an MUI Master Plan may be modified through approval by the Director of Planning and Development Services or his/her designee. This approval will be granted as part of the Technical Review Committee process. An MUI Master Plan allows modifications to the General District Standards or other provisions of Title 9, Chapter 4 in the following ways:

         (a)   Such remote parking facility shall be in accordance with the applicable provisions of Article O.

         (b)   All off-street parking areas designed for three or more spaces shall be in accordance with Article O.

         (c)   The remote parking facility shall not be utilized or occupied by any other use or for any purpose other than as parking for the associated principal use.

         (d)   The remote parking facility shall be located within the MUI district or within a district which allows principal use parking lots.

      (2)   Article G. Bufferyard Setbacks: Bufferyard setbacks may be waived in exchange for more robust internal pedestrian circulation standards. Primary pedestrian accommodations must provide internal circulation along a minimum 14' wide multi-use path. Said path must provide through and cross access to adjacent parcels and rights-of-way. This area must be shown on the site plan that is provided to the Technical Review Committee.

      (3)   General District Standards(2): Building height may exceed five stories or 70 feet when either the entire building, or the portion of such building as may be in excess of 70 feet, is stepped back one foot for every foot in excess of the 70 foot height allowance from the property line.

      (4)   General District Standards (10): The overall open space requirement may be reduced to 15% in exchange for public access to outdoor amenities.

   (D)   Master plan amendments.

      (1)   The Director of Planning and Development Services or his/her designee may administratively approve amendments to a submitted MUI Master Plan without resubmission to the Technical Review Committee.

      (2)   Allowable amendments.

         (a)   An increase or decrease to the approved nonresidential square footage, not to exceed 10% of the original approval or the 25% development maximum.

         (b)   A transfer of nonresidential floor area or residential dwelling units, from one area to another, not to exceed a 20% maximum for each standard.

         (c)   Minor adjustments in location of building, parking, recreation or sporting facilities and open space areas. A minor adjustment shall be a modification in orientation or distance to a property line; however, the adjustment shall not exceed 100 feet in distance from the approved location, and shall not be located any closer than 50 feet to the boundary of the MUI district. However, where a building or parking area is shown on the approved Master Plan within 50 feet of a property line, the building or parking area adjustment may not be located any closer to the property line than as shown on the approved Master Plan. An adjustment to the location of transit facilities is permitted, provided the adjustment occurs prior to the recordation of the transit easement.

         (d)   An exchange of open space area, provided the exchanged areas are of like acreage, value and utility.

         (e)   A relocation of access points, driveways or sidewalks either within or outside of the public right-of-way with the concurrence of the Engineering Department (and where applicable the NCDOT).

         (f)   A relocation of a fence, wall, sign or utility. Fences or walls required for bufferyards may not be removed or relocated to an area that conflicts with the buffering requirement.

         (g)   Any requirement associated with an allowable amendment must be shown on the Master Plan.

(Ord. No. 20-020, § 3, passed 5-18-2020; Ord. No. 23-058, § 1, passed 8-10-2023)

   (A)   Statement of intent. The recreational/sport hunting district is an overlay district designed to provide sportsmen and sportswomen with an area in which hunting by properly licensed persons during established hunting seasons is allowed.

   (B)   Hunting area. Hunting may occur in the following area:

      (1)   Sunny Side area. The area, as shown on the official zoning map of the city, encompassing approximately 158 acres and more specifically delineated by the map prepared by the City of Greenville Planning and Development Services Department entitled “Sunny Side Hunting Overlay".

      (2)   This section does not regulate the discharge of firearms, bow and arrows, crossbows or any other type of weapon within any hunting area(s). City Code provisions regulating discharge of firearms or other weapons within City limits apply to the above hunting area(s). See Title 12, Chapter 1 of the City Code, specifically Section 12-1-3 entitled "Discharge of Firearms and other Weapons." and Section 12-1-20 entitled "Bows and Arrows and Crossbows." and any future amendments to these sections. See G.S. 160A-189.

   (C)   In no event shall any of the above areas be used as a controlled hunting preserve as defined in state law. See G.S. 113-273 In addition, the areas shall not be enclosed and stocked with game.

(Ord. No. 20-035, § 1, passed 6-15-2020)