For the purpose of this chapter, the city is divided into these conventional districts listed as follows:

R-R rural residential.

R-20 residential - low density.

R-15 residential - medium density.

R-MF-A residential - multifamily - apartments.

R-MF-C residential - multifamily - condominiums.

R-MF-T residential - multifamily - townhouses.

R-MH residential - manufactured home.

R-MH-1 residential manufactured home - single-section.

R-MH-2 residential manufactured home - multi-sectional.

O-I office - institutional.

B-1 business - old business district.

B-2 general business.

PD-RC planned development - retail center.

L-I light industrial.

H-I heavy industrial.

CZ conditional zoning. (See section 32-164.)

(Ord. No. 8-85, art. II, § 1, 9-23-85; Ord. No. 8.18-85, § 1, 11-6-97; Ord. of 5-2-06; Ord. No. 2024-01, 1-2-24; Ord. No. 2024-03, § 1(Exh. A), 3-4-24)

Where uncertainty exists as to the boundaries of any of the districts as shown on the zoning map, the following rules shall apply:

(1)

Where such district boundaries are indicated as approximately following streets, alleys or highways, the centerlines shall be construed to be the boundaries.

(2)

Where district boundaries are indicated as approximately following lot lines, the lot lines shall be construed to be the boundaries.

(3)

Where district boundaries are indicated as approximately parallel to the centerlines of streets, alleys, highways or the rights-of-way of the same, the district boundaries shall be construed as being parallel and at the distance indicated on the zoning map.

(4)

Where a district boundary line divides a lot or tract in single ownership, the district requirements for the least restricted portion of the lot or tract shall be deemed to apply to the whole, provided such extensions shall not include any part of a lot or tract more than 35 feet beyond the district boundary line. The term "least restricted" shall refer to use restrictions, not lot or tract size.

(Ord. No. 8-85, art. II, § 4, 9-23-85)

The intents of the various conventional use districts are as follows:

(1)

R-R rural residential district. The intent of the R-R rural residential district is to maintain a rural development pattern in the extraterritorial area where single-family housing will be separated from one another by open fields or wooded areas. The minimum lot area shall be 20,000 square feet unless a well and septic system is used and then the minimum lot size shall be 30,000 square feet. The impact of one homeowner's activities on his neighbor will be less than if the property owners were located side by side in a subdivision. Consequently, the property owner may have more freedom to use his land as he sees fit. However, it is clearly the intent to exclude commercial or industrial uses that will infringe on the rural character of the area. This district will typically have public or private water and use a county approved septic system.

(2)

R-20 residential - low density district. The intent of the R-20 residential district is to provide a quiet, low density residential area where individual lots are at least 20,000 square feet in area. Residential dwelling units may have individual septic tank systems (if approved by the county health department) and typically be connected to public water and/or sewer.

(3)

R-15 residential - medium density district. The intent of the R-15 residential district is to provide a quiet, medium density residential area where individual lots are at least 15,000 square feet in area. All residential dwelling units shall be hooked to an approved sewer and water system.

(4)

R-MF-A residential multifamily - apartment district. The intent of the R-MF-A residential multifamily - apartment district is to provide areas of high-density residential development. Residential units shall be rented or leased. Public water and sewer shall be available. This district shall be located near employment centers, shopping facilities and roads that can accommodate the traffic generated by the high-density development. Density of development shall be no more than 20 units per building and no more than 3 stories in height. All such projects shall be approved in accordance with the provisions of article V, section 32-245.

(5)

R-MF-C residential multifamily - condominium district. The intent of the R-MF-C residential multifamily - condominium district is to provide areas for high density residential development. Residential units shall be one or more buildings containing three or more dwelling units intended for owner occupancy, where the land beneath each unit and all common areas (as defined by the state Unit Ownership Act, G.S. 47A-1 et seq.) are owned proportionately by each unit owner in the development, and walls between units are constructed in accordance with the state building code requirements. Public water and sewer shall be available. This district shall be located near employment centers, shopping facilities and roads that are capable of handling the traffic generated by high density developments. The condominiums shall be dwelling units that are situated in either triplex or quadraplex and shall be no more than three stories in height and 16 units per building. All such projects shall be approved in accordance with the provisions of article V, section 32-246.

(6)

R-MF-T residential multifamily - townhouse district. The intent of the R-MF-T residential multifamily - townhouse district is to provide areas of high density residential development of one or more buildings containing not more than eight dwelling units per building intended for owner occupancy, where the ownership of land beneath each unit runs with that unit and where the walls between the units are constructed in accordance with the state building code requirements. Public water and sewer shall be available. This district shall be located near employment centers, shopping facilities and roads that are capable of handling the traffic generated by high density development. All such projects shall be approved in accordance with the provisions of article V, section 32-247.

(7)

R-MH residential - manufactured home district. The intent of the R-MH residential district is to ensure that manufactured home parks meet minimal development standards in order to protect the residents of these parks, as well as neighboring landowners. All such projects shall be approved in accordance with the provisions of article V, section 32-249.

(8)

R-MH-1 residential manufactured home - single-section. The purpose of the R-MH-1 residential manufactured home - single-wide district is to provide for the development of manufactured housing in established residential zoning districts in the extraterritorial area other than a manufactured home park. The intent of the standards set forth in this chapter is to ensure that manufactured homes are compatible with other dwellings in residential areas and to meet a minimum construction, placement and architectural standard while providing an alternative means of affordable housing. All such projects shall be approved in accordance with the provisions of article V, section 32-250.

(9)

R-MH-2 residential manufactured home - multi-sectional. The purpose of the R-MH-2 residential manufactured home - multi-sectional district is to provide for the development of manufactured housing in established residential zoning districts within the extraterritorial area and city limits other than a manufactured home park. The intent of the standards set forth in this chapter is to ensure that manufactured homes are compatible with other dwellings in residential areas and to meet a minimum construction, placement and architectural standard while providing an alternative means of affordable housing. All such projects shall be approved in accordance with the provisions of article V, section 32-251.

(10)

O-I office - institutional district. The intent of the O-I office - institutional district is to provide locations primarily for office and institutional development, although single-family dwellings are also permitted. Normally, this O-I district provides a buffer between nonresidential and residential zoning districts.

(11)

B-1 business - old business district. The intent of the B-1 old business district is to accommodate the clustered commercial activities that developed near the intersection of E. and W. Dalton Road and South Main Street at the heart of Old Downtown King. Development is characterized by uses sharing common walls, minimal setbacks and limited off-street parking. This district shall have no outdoor storage.

(12)

B-2 general business district. The intent of the B-2 general business district is to provide areas along the thoroughfares and collector streets for commercial uses, particularly the retailing of goods and services.

(13)

PD-RC planned development - retail center. The intent of the PD-RC planned development - retail center district is to provide larger scale commercial developments in a coordinated and planned manner and accommodate a range of retail and service uses designed to serve the shopping needs of the King area. Developments within this district are expected to be of a high-quality design and to conform to higher levels of performance standards in order to enhance development within the districts that surround the project. This district shall be near general retail areas and have access to at least one major arterial street and one minor arterial street as defined in the city thoroughfare plan.

(14)

L-I light industrial district. The intent of the L-I light industrial district is to provide sites for manufacturing, warehousing, processing and related uses whose operating characteristics limit their effects on adjacent uses. This district may have some outdoor fenced storage areas for materials, vehicles, and equipment.

(15)

H-I heavy industrial district. The intent of the H-I heavy industrial district is to provide sites for industrial, processing and related operations whose external effects could be detrimental to certain classes of use. This H-I district shall normally be located so that traffic to and from the use has direct access to an arterial street and should be located away from highly developed residential areas.

(Ord. No. 8-85, art. II, § 5, 9-23-85; Ord. of 5-2-06; Ord. No. 2024-01, 1-2-24)

(a)

Conditional districts (CZ) run parallel to each of the conventional zoning districts and are subject to the same standards applicable to the parallel district including overlay district regulations, as modified by the approved district-specific plans and conditions. Conditional zoning is established to provide for flexibility in the development of property while ensuring that the development is compatible with neighboring uses. Conditional zoning allows for a degree of certainty in land use decisions not possible in conventional districts. The following provision shall apply when using conditional zoning:

(1)

The petition is proposed or agreed to by all the owner(s) of the subject land. Specific conditions may be proposed by the petitioner or the local government or its agencies, but only those conditions approved by the local government and consented to by the petitioner in writing may be incorporated into the zoning regulations. Unless consented to by the petitioner in writing, in the exercise of the authority granted by this section, a local government may not require, enforce, or incorporate into the zoning regulations any condition or requirement not authorized by otherwise applicable law, including, without limitation, taxes, impact fees, building design elements within the scope of G.S. 160D-702(b), driveway-related improvements in excess of those allowed in G.S. 136-18(29) and G.S. 160A-307, or other unauthorized limitations on the development or use of land.

(2)

The petition shall incorporate any proposed modifications to use, intensity, or development standards applicable in the parallel conventional use district. Conditions and site-specific standards imposed in a conditional district shall be limited to those that address the conformance of the development and use of the site to local government ordinances, plans adopted pursuant to G.S. 160D-5-1, or the impacts reasonably expected to be generated by the development or use of the site. The zoning regulation may provide that defined minor modifications in conditional district standards that do not involve a change in uses permitted or the density of overall development permitted may be reviewed and approved administratively. Any other modification of the conditions and standards in a conditional district shall follow the same process for approval as are applicable to zoning map amendments. If multiple parcels of land are subject to a conditional zoning, the owners of individual parcels may apply for modification of the conditions so long as the modification would not result in other properties failing to meet the terms of the conditions. Any modifications approved apply only to those properties whose owners petition for the modification.

a.

Limitations. For parcels where multifamily structures are an allowable use, a local government may not impose a harmony requirement for permit approval if the development contains affordable housing units for families or individuals with incomes below 80 percent of the area median income.

(3)

Proposed development plans shall be prepared by a licensed design professional and shall be prepared in accordance with ordinance, comprehensive or land-use plan, city design policies and state laws.

(4)

When adopting or rejecting any zoning amendment, the governing board shall also approve a statement describing whether its action is consistent with and an adopted comprehensive or land-use plan and any such agreed upon conditions and that by approval they will or will not be in promoting the public health, safety, and general welfare of its citizens. Any violations of a provisions of a conditional zoning ordinance amendment shall be treated the same as any other violation of this chapter and be subject to any penalties as set forth in section 32-47.

(b)

Application procedures. All applicants are required to complete a request for a public hearing form to initiate the rezoning process. Once completed and submitted by the stated deadline, the governing board will review the request and determine the following:

(1)

The completion of the appropriate forms;

(2)

Determine if the petitioner needs to hold a neighborhood meeting. This meeting will be with representatives of the petitioner and the surrounding property owners at a designated time and place prior to the public hearing and any government review. The petitioner may use a third party to facilitate the meeting or conduct the meeting themselves to gather information and any concerns the surrounding neighbors may have regarding the proposed project and;

(3)

Schedule the public hearing date and also affix a date for planning board review prior to the public hearing.

(c)

Review by the governing board. After receiving the planning board's recommendation, the governing board shall hold the public hearing per the requirements of section 32-72. After the public hearing the board may approve, approve with conditions that are agreed upon, or deny the request. Applicant shall be notified in writing of the governing board's decision. Decisions denied may reapply per section 32-75.

These conditional use districts are listed below:

CZ R-R rural residential.

CZ R-20 residential - low density.

CZ R-15 residential - medium density.

CZ R-MF-A residential - multifamily - apartments.

CZ R-MF-C residential - multifamily - condominiums.

CZ R-MF-T residential - multifamily - townhouses.

CZ R-MH residential - manufactured home park.

CZ R-MH-1 residential - single-wide manufactured home.

CZ R-MH-2 residential - double-wide manufactured home.

CZ O-I office - institutional.

CZ B-1 business - old business district.

CZ B-2 general business.

CZ PD-RC planned development - retail center.

CZ L-I light industrial.

CZ H-I heavy industrial.

(Ord. No. 8.18-85, § 1, 11-6-97; Ord. of 5-2-06; Ord. No. 2024-01, 1-2-24; Ord. No. 2024-03, § 1(Exh. A), 3-4-24)