Kenansville City Zoning Code

ZONING

§ 152.130 ZONING DISTRICTS ESTABLISHED.

(A) Divisions. All property within the jurisdiction of the town shall be divided into zoning districts as outlined in this subchapter.

(B) Purpose and intent. The districts enumerated by this subchapter are established and intended to provide a comfortable, healthy, safe and pleasant environment in which to live, work or recreate. More specifically, they are intended to:

(1) Provide appropriately located lands for residential development that are consistent with the goals, objectives and policies of the Future Land Use Plan;

(2) Provide appropriately located lands for the full range of non-residential uses needed by the town’s residents, businesses and workers, consistent with the goals, objectives and policies of the Future Land Use Plan;

(3) Provide for residential housing choice and diversity with varying density together with accessory structures, and non-residential services as may be compatible with such development;

(4) Create neighborhoods and preserve existing community character while accommodating new development consistent with the town’s goals and objectives;

(5) Minimize any negative impacts of non- residential development on residential districts and uses;

(6) Create suitable environments for various types of commercial uses and protect them from the adverse effects of incompatible uses;

(7) Create suitable environments for various types of mixed-use development, where business, office, retail and residential uses are designed and integrated in compatible ways; and

(8) Preserve the unique character and historic resources of the downtown.

(Ord. passed 3-5-2018)

§ 152.131 GENERAL USE DISTRICTS.

(A) Agricultural District (AG). The Agricultural District is established for the purpose to protect working farmland and continuation of agricultural uses until urban density development becomes appropriate for the area. Limited residential development on large lots is permitted within the AG District; however, major residential subdivisions are prohibited. Specifically, it is the intent of this district to:

(1) To protect working farmland from encroachment by dense residential development that may be incompatible with agricultural uses; and

(2) To discourage the premature conversion of land from rural and agricultural uses to urban uses and densities.

(B) Residential-3 District (R-3). The Residential-3 (R-3) District is intended to accommodate single-family, duplex and other creative residential developments on smaller lots. The minimum lot area size within this district is restricted to 3,000 square feet.

(C) Residential-10 District (R-10). The Residential-10 (R-10) District is intended to accommodate a mix of detached residential development along with multi-family development and a limited amount of complimentary institutional and non-residential uses that would not be detrimental to the residential character of the district (such as parks, churches and day care centers). The minimum lot area size within this district is restricted to 10,000 square feet. Non-residential structures may be constructed in this district only with a special use permit, and may not exceed 10,000 square feet in gross floor area.

(D) Residential-15 District (R-15). The Residential-15 (R-15) District is intended to accommodate low-density detached residential development along with a limited amount of complimentary institutional and non-residential uses that would not be detrimental to the residential character of the district (such as parks, churches and day care centers). This district is designed to also allow residential development in areas that are primarily rural and agricultural in nature. Therefore, the density of residential development specifically in these rural and agricultural areas should promote the maximum amount of compatibility between residential and rural/agricultural uses. The minimum lot area size within this district is restricted to 15,000 square feet. Non-residential structures with a gross floor area of up to 10,000 square feet are allowed within this district by right, and non-residential structures with gross floor areas of 10,001 to 25,000 square feet may be constructed with a special use permit.

(E) Central Business District (CB). The Central Business (CB) District is designed for application to the traditional core downtown area of the town. It is intended to accommodate a wide range of commercial, governmental, professional, civic and residential uses at densities and intensities appropriate for its prominent central location in town. Within this district, vertically mixed-use development is encouraged, such as retail establishments on ground floors with professional offices or residences on upper stories. Development patterns within this district will be pedestrian friendly and automobile dependent uses will be discouraged.

(F) General Commercial District (GC). The General Commercial (GC) District is intended to accommodate a wide range of residential, commercial establishments and professional offices that provide goods and services to the residents of the town and the surrounding area, as well as transient visitors. This district is meant to be applied to the following distinct areas:

(1) Areas adjacent to major thoroughfares and in locations that will not adversely impact nearby residential development;

(2) Areas in close proximity to residential areas to encourage and accommodate pedestrian travel to obtain convenience goods and services; and

(3) Areas adjacent to major transportation arteries.

(G) Office and Institutional District (OI). The Office and Institutional (OI) District is intended to accommodate a wide range of residential, professional, civic, educational and governmental uses. Typically, this district will serve as a transitional district between higher intensity and lower intensity uses. Given the town’s role as the governmental, medical and educational center of the county, this district is also tailored to provide the maximum accommodation possible to the needs of those uses that form the foundation of the town’s prominent role in the region.

(H) Industrial District (I). The Industrial (I) District is intended to facilitate the growth of industrial development in the town’s jurisdiction. Specifically, this district is meant to accommodate industrial, transportation and warehousing uses which do not, by their nature, cause excessive or environmentally detrimental pollution, including air pollution and water pollution, or emit excessive amounts of light, dust, odors, noise or other environmental pollutants that would cause an undue burden to the residents of the town and the surrounding area.

(Ord. passed 3-5-2018)

§ 152.132 OVERLAY DISTRICTS.

(A) Historic Overlay District (HK). Reserved for future Historic Overlay District (HK).

(B) Manufactured Housing Overlay (MHO).

(1) Purpose and intent. The Manufactured Housing Overlay (MHO) District is established as a means of providing reasonable opportunities for the placement of manufactured dwellings in the town’s zoning jurisdiction. More specifically, the district is intended to:

(a) Provide alternative, affordable housing opportunities for low and moderate-income residents in residential areas by allowing for the use of manufactured dwellings;

(b) Establish requirements designed to assure acceptable similarity in exterior appearance between manufactured dwellings and single-family dwellings constructed on adjacent or nearby lots;

(c) Protect property values and preserve the character and integrity of the community or individual neighborhoods within the community; and

(d) Require new manufactured dwellings to meet the minimum requirements for manufactured dwellings in § 152.167(B) of this chapter.

(2) Establishment.

(a) The Manufactured Housing Overlay (MHO) District shall be established in accordance with G.S. § 160A-383.1.

(b) The MHO shall include the areas of S. Church Street, Fennell Street and Southerland Street.

(3) Overlay district standards.

(a) Mobile homes built prior to 6-15-1976 do not meet U.S. Department of Housing and Urban Development (HUD) certification guidelines.

(b) These generally do not meet conversion standards.

(d) Tying in converts a mobile home into real property, which is recorded at the County Assessor’s office and incurs annual property taxes.

(4) Development authorized.

(a) Land within an MHO District may accommodate the following types of uses:

1. A single manufactured home on an individual lot configured in accordance with § 152.167(B) of this chapter;

2. A principal use authorized in the underlying zoning district in accordance with § 152.145 of this chapter; and

3. An accessory or temporary use associated with an allowed principal use.

(b) Manufactured homes located on lots or sites outside of a MHO District shall be considered non-conforming in accordance with § 152.111 of this chapter.

(Ord. passed 3-5-2018)

§ 152.133 GENERAL LOT REQUIREMENTS.

(A) Compliance with this chapter required. No building or portion of a building shall be erected, used, moved or altered, except in conformity with the standards in this chapter.

(B) Pre-existing lots. Lots established prior to 3-2-2009 shall only be required to meet the setback provisions for the base-zoning district in which they are located, and shall be exempt from the other minimum lot size or lot width requirements.

(C) Reduction prohibited. Except as required through the establishment of new public rights-of-way (such as roadway widening) or approved as a variance, no yard or lot existing on 3-2-2009 shall be reduced in size or area below the minimum requirements of the base and overlay zoning district where it is located.

(D) Street access. All lots shall front upon, and have access to, a public or private street built in accordance with the town’s standards.

(E) Double frontage and flag lots prohibited. Double frontage lots and flag lots shall be prohibited, except where required due to extreme topographic circumstances or site conditions.

(F) Yard determination on irregular lots.

(1) The location of required front, side and rear yards on irregularly shaped lots shall be determined by the Ordinance Administrator.

(2) The determination shall be based on the spirit and intent of this chapter to achieve an appropriate spacing and location of buildings and structures on individual lots.

(G) Allowable yard encroachments for residential uses. Building features and architectural elements may encroach into required yards or setbacks only in accordance with the following standards.

(1) Balconies, stoops, open porches, bay windows, steps, mechanical units, raised doorways and similar architectural features are permitted to encroach into a required yard or setback a maximum of four feet.

(2) First floor encroachments shall not extend into the right-of-way.

(3) Side yard encroachments shall not be closer than five feet to a lot line.

(4) Attached and unenclosed decks or porches serving a single-family residential use may encroach into a required rear setback or yard under the following conditions.

(a) The deck or porch shall be set back a minimum of ten feet from the rear lot line.

(b) The deck or porch shall not be enclosed or otherwise made into heated floor space unless it meets the setbacks for the principal structure.

(d) Existing single-family residential structures with decks or porches encroaching into a setback or required yard shall be allowed to replace the feature; provided, it does not increase the non- conformity of the structure.

(H) Height limitation exceptions.

(1) The height limitations of this chapter shall not apply to public buildings, religious institutions, schools, hospitals, belfries, cupolas and domes not intended for residential purposes, nor to monuments, water towers, observation towers, power transmission towers, flag poles and similar structures; provided, such structures meet the required State Building Code.

(2) Height limitations shall apply to wireless communication towers as regulated herein.

(Ord. passed 3-5-2018)

§ 152.134 DIMENSIONAL STANDARDS.

The following tables outline the dimensional standards required in the general use districts set forth by this subchapter.

(A) Dimensional standards for agricultural and residential districts.

Dimensional Standards for Agricultural and Residential Districts
	AG	R-3	R-10	R-15
Minimum lot size (sq. ft.)	43,560	3,000	10,000	15,000
Minimum lot width (ft.)
Interior lot	150	50*	60*	80
Corner lot	150	55*	65*	85
Minimum front setback (ft.)	50	20	30	30
Minimum rear setback (ft.)	20	10	10	10
Minimum side setback (ft.)
Interior side	20	5	10	10
Corner side	30	10	15	15
Maximum height (ft.)	35	35	35	35
NOTES TO TABLE: *Not applicable to townhomes. Please refer to § 152.167(D) of this chapter for dimensional standards.

(B) Dimensional standards for non-residential districts.

Dimensional Standards for Non-Residential Districts
	CB	GC	OI	I
Minimum lot size (sq. ft.)	0	5,000	5,000	40,000
Minimum lot width (ft.)
Interior lot	0	60	60	100
Corner lot	0	65	65	110
Minimum front setback (ft.)	0	20	20	50
Minimum rear setback (ft.)	0	20	20	50
Minimum side setback (ft.)
Interior side	0	5	5	20
Corner side	5	10	10	30
Maximum height (ft.)	40	40	30	40