In accordance with the requirements of N.C.G.S. 160A-382 that zoning regulation be by districts, the City of Kinston, as shown on the zoning map, is hereby divided into districts which shall be governed by all of the uniform use and dimensional requirements of this ordinance. In the creation of the respective districts, careful consideration is given to the peculiar suitability of each and every district for the particular regulations applied thereto, and the necessary, proper, and comprehensive groupings and arrangements of various uses and densities of population in accordance with a well considered comprehensive plan for the physical development of the area.

The purposes of establishing the zoning districts are:

•  To implement adopted plans;

•  To promote public health, safety, and general welfare;

•  To provide for orderly growth and development;

•  To provide for the efficient use of resources;

•  To facilitate the adequate provision of services.

Zoning districts have uses specified as permitted by right, conditional uses, and uses permitted with supplemental regulations. Detailed use tables are provided in section 6.5 showing the uses allowed in each district. The following describes the processes of each of the categories that the uses are subject to:

•  Permitted by right: Administrative review and approval subject to district provisions and other applicable requirements only.

•  Permitted with supplemental regulations: Administrative review and approval subject to district provisions, other applicable requirements, and supplemental regulations outlined in article 7.

•  Conditional uses: Planning board review and recommendation, city council review and approval of conditional use permit subject to district provisions, other applicable requirements, and conditions of approval as specified in section 4.5. Some conditional uses may also be subject to supplemental regulations outlined in article 7.

For the purposes of this ordinance, the City of Kinston, North Carolina, is hereby divided into the following primary zoning districts:

6.3.1. RA-20 residential district. The RA-20 district is established as a district in which the principal use of land is for low-density residential and agricultural purposes. The regulations of this district are intended to protect the agricultural sections of this area from an influx of uses likely to render it undesirable for farms and low-density residential development. Lots developed in this district will not generally have access to public water or sewer systems.

6.3.2. RA-15 residential district. The RA-15 district is established as a district in which the principal use of land is for low-density residential purposes. Lots within this district will generally have access to public water and, to a lesser extent, public sewer systems.

6.3.3. RA-12 residential district. The RA-12 district is established to allow a low to medium density of residential land use in areas which will normally be served by both public water and sewer systems.

6.3.4. RA-8 residential district. The RA-8 district is established to allow a medium density of residential land use in areas which are served by both public water and sewer systems.

6.3.5. RA-7 residential district. The RA-7 district is established to allow a medium density of residential land use in areas which are served by both public water and sewer systems.

6.3.6. RA-6 residential district. The RA-6 district is established to allow a medium to high density of residential land use along with other uses compatible with the residential uses and in areas which are served by the public water and sewer systems.

6.3.7. RA-5 residential district. The RA-5 district is established to allow a high density of residential land use along with other uses compatible with the residential uses and primarily in older sections of the city and where water and sewer systems are available.

6.3.8. RO residential office district. The RO district is intended to provide a means of orderly development in areas of mixed land uses, in areas which have a high strip commercial potential such as those adjacent to major highways and streets, and to provide areas for the development of land in a manner that does not create harmful effects on surrounding properties and existing land uses.

6.3.9. O&I office and institutional district. The O&I district is established as a district in which the principal use of land is for residences, services, offices, and institutional types such as hospitals, medical offices, and clinics. In promoting the general purposes of this ordinance, the specific intent of this district is to:

6.3.9.1. To encourage the construction of, and continued use of, land for offices and institutional uses;

6.3.9.2. To prohibit commercial and industrial uses of land which would generate large volumes of traffic or would interfere with the use of land for residential and office and institutional uses;

6.3.9.3. To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this section;

6.3.9.4. To encourage the development of areas which will serve as a buffer between business districts and residential districts provided for in this ordinance.

6.3.10. B-1 general business district. The B-1 district is established as a district in which to accommodate highway-oriented retail and commercial service businesses which generally have as their market area the entire town and surrounding area. The major objectives of this district are to (i) encourage planned commercial and office parks; (ii) encourage vehicular access from service drives and other local commercial streets rather than directly from arterial streets; and (iii) provide a location for major shopping facilities and land uses requiring large outdoor spaces.

6.3.11. B-2 central business district. The B-2 district is established to maintain the central city high-density business area for residents to obtain goods and services.

6.3.12. SC shopping center district. The SC district is established to accommodate shopping center developments. A shopping center is defined as a group of commercial establishments, planned, developed, owned or managed as a unit, with off-street parking provided on the property; however, this shall not apply to a group of commercial establishments developed on a tract of land containing less than two (2) acres.

6.3.13. I-B industrial business district. The I-B district is intended to be a transitional land use district located adjacent to major thoroughfares where highway business and industrial development have high potential and where existing land uses indicate such a mixture. In addition, these regulations will allow mixing of certain normally noncompatible uses, with the provision that proper open spaces, sign control, sufficient lot sizes, increased setbacks, and good design are provided. This will help ensure that existing residences are protected against encroachment by industrial and business nuisances and similarly the ills of traditional strip commercial and industrial development will be discouraged. The purpose of the I-B district will be to provide for and encourage the proper grouping and development of roadside areas which will best accommodate the needs of the motoring public and of businesses and light industry demanding high volume traffic and major thoroughfare access but exhibiting a fairly low development density and traffic generation capacity with controlled highway access as a major feature.

6.3.14. I-1 industrial district. The I-1 district is for industries and warehouses which are not considered detrimental to surrounding land uses or those industries that are not considered to cause unnecessary loads or strain on existing public utility facilities. Further, these industries are to comply with applicable state and federal agencies' standards for emissions, effluents, noise, or odor.

6.3.15. I-2 general industrial district. The I-2 district is established for the purpose of limiting the location of industries which by nature of their activities are not compatible with residential, institutional, and commercial uses. In addition to the permitted uses in the I-2 general industrial district, any building or land may be used for any other industrial purpose, except that no building or occupancy permit shall be issued for any of those uses not meeting state and/or federal agencies' standards for objectionable emissions, effluents, noise, or odor until and unless the location of such shall have been approved by the city council.

6.3.16. PUD planned unit development. This district is defined as an area characterized by an orderly integration of residential development, open space land uses, commercial development, and light industrial development (I-B and I-1) which conform to the design requirements contained herein. It permits the planning of a project and a calculation of densities over the entire development rather than on an individual lot-by-lot basis. This district is served by public water and sewer facilities. A PUD district shall not be less than twenty-five (25) acres in area. The district may be used for development which cannot be achieved through traditional zoning.

6.4.1. Four (4) special control overlay districts are hereby established: flood hazard overlay, historic overlay, arts and cultural overlay, and rowhouse overlay. These special control overlay districts are intended to be superimposed over the underlying general zoning district and the land so encumbered may be used in a manner permitted in the underlying zoning district only if and to the extent such use is also permitted in the applicable overlay district. The specific objectives of each of these overlay districts are explained in the remainder of this section.

6.4.2. The flood hazard overlay district is established as an overlay district of all general zoning districts for the purpose of protecting people and property from the hazards of flooding. The flood hazard districts are further described in article 9, part IX of this ordinance.

6.4.3. The historic overlay district is established as an overlay district for all general zoning districts that contain structures or other facilities of historic significance. The extent and boundaries of the historic district are as indicated on an official historic district overlay map for the City of Kinston. The purpose of the historic overlay district is to protect and conserve the heritage and character of the Kinston community by providing for the preservation of designated areas within the planning jurisdiction. No new historic districts nor any change to the boundaries of any existing historic district shall be designated until the North Carolina Department of Cultural Resources shall have been given an opportunity, in accordance with Chapter 160A, Article 19, Part 3C of the North Carolina General Statutes, to make recommendations with respect to the establishment of such new district or change in the boundaries of an existing district. The additional regulations governing land development in the historic overlay district are delineated in article 9, part X.

6.4.4. The arts and cultural overlay district is an overlay intended to promote low-intensity home occupations and arts-based mixed-use development in the traditional residential neighborhood setting, specifically in areas that are linked geographically to the central business district (B-2). Home occupations in this area might include, but are not necessarily limited to, small art galleries, cafes (not exceeding one thousand (1,000) square feet), glass-blowers, musicians, craft makers, furniture makers, sculptors, etc. The arts and cultural overlay promotes artistic-based development that does not detract from the residential character of the neighborhood. Outdoor display of art, wares, crafts, or other items created on-site is encouraged during normal business hours and weekends. Arts-based developments in the arts and cultural overlay shall remain primarily residential. As specified by subsection 7.17.7, manufactured homes are not allowed in the arts and cultural overlay district.

6.4.5. The rowhouse overlay district is established to provide development standards for high density single-family residential areas which are in addition to those provided by the underlying zoning districts established by the UDO. The purpose of establishing this rowhouse overlay district is to allow high density single-family residential development in locations where it will be compatible with adjacent land uses. The additional regulations governing land development in the rowhouse overlay district are delineated in article 9, part XI.

P - Permitted Use

PS - Permitted Use with Supplemental Regulations

Blank - Not Permitted

C - Conditional Use

CS - Conditional Use with Supplemental Regulations

  *The maximum front yard building setback in the B-2 district for the principal building is five (5) feet from the right-of-way. This maximum setback shall not apply to churches or other public buildings.

  **Principal building 60 feet; Outparcel - same as B-1.

6.7.1. Residential density.

6.7.1.1. Within the RA-20, RA-15, RA-12, RA-8, and RA-7 zoning districts, primary residences with an accessory apartment shall be allowed only on lots having at least one hundred fifty (150) percent of the minimum square footage required for one (1) dwelling unit on a lot in such districts. Within all other zoning districts, primary residences with accessory apartments shall have an additional two thousand (2,000) square feet of lot area in excess of the lot area requirement of section 6.6.

6.7.1.2. In districts permitting two-family or multi-family dwellings, where the area of the property is such that a portion remains after full requirements have been met for other dwelling units on the same property, the following shall apply: One (1) additional unit shall be permitted on a lot containing area for three (3) or more units and eighty (80) percent of the area required for an additional unit.

6.7.2. Minimum lot widths. The lot width shall be measured along a straight line connecting the points at which a line that demarcates the required setback from the street intersects with lot boundary lines at opposite sides of the lot.

6.7.3. Building setback requirements.

6.7.3.1. Subject to subsection 6.7.4 and the other provisions of this section, no portion of any building may be located on any lot closer to any lot line or to the street right-of-way line or centerline than is authorized in section 6.6.

6.7.3.1.1. If the street right-of-way line is readily determinable (by reference to a recorded map, set irons, or other means), the setback shall be measured from such-right-of-way line. If the right-of-way line is not so determinable, the setback shall be measured from the street centerline.

6.7.3.1.2. As used in this section, the term "lot boundary line" refers to lot boundaries other than those that abut streets. The term "street side" refers to the street side of a corner lot other than the front street.

6.7.3.1.3. As used in this section, the term "building" includes any substantial structure which by nature of its size, scale, dimensions, bulk, or use tends to constitute a visual obstruction or generate activity similar to that usually associated with a building. Without limiting the generality of the foregoing, the following structures shall be deemed to fall within this description:

6.7.3.1.3.1. Gas pumps and overhead canopies or roofs.

6.7.3.1.3.2. Fences running along lot boundaries adjacent to public street rights-of-way if such fences exceed six feet in height and are substantially opaque.

6.7.3.2. Landscaping and buffering requirements may result in a need for increased building setbacks depending on the location and use of the property.

6.7.3.3. Whenever a lot in a nonresidential district has a common boundary line with a lot in a residential district and the property line setback requirement applicable to the residential lot is greater than that applicable to the nonresidential lot, then the lot in the nonresidential district shall be required to observe the property line setback requirement applicable to the adjoining residential lot.

6.7.3.4. Setback distances shall be measured from the property line or street right-of-way line to a point on the lot that is the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it (such as a flagpole, uncovered deck, steps, etc.). Ordinary projections of sills, belt courses, cornices, buttresses, ornamental features, and eaves are allowed to project into setback areas, provided such projections do not exceed twenty-four (24) inches. Open or enclosed fire escapes, outside stairways, balconies, and other necessary unenclosed projections may extend no more than three and one-half (3½) feet into a required setback. The ordinary projections of chimneys and flues may be permitted where the UDO administrator finds that they are placed so as not to obstruct sight and ventilation.

6.7.3.5. Whenever a private road that serves more than three (3) lots or more than three (3) dwelling units or that serves any nonresidential use tending to generate traffic equivalent to more than three (3) dwelling units is located along a lot boundary, then:

6.7.3.5.1. If the lot is not also bordered by a public street, buildings shall be set back from the centerline of the private road just as if such road were a public street; or

6.7.3.5.2. If the lot is also bordered by a public street, then the setback distance on lots used for residential purposes shall be measured from the inside boundary of the traveled portion of the private road.

6.7.3.6. Deviations from the applicable setback requirements of this section may be made for nonconforming lots in accordance with section 8.4, nonconforming lots of record.

6.7.4. Accessory building setback requirements.

6.7.4.1. Accessory buildings shall not be allowed in a front yard or the required side yard, except as provided herein.

6.7.4.2. Accessory buildings shall not occupy more than thirty (30) percent of the rear yard.

6.7.4.3. Accessory buildings shall be allowed in the rear yard, provided they are located not less than five (5) feet from the side and rear lot lines (except for corner lots).

6.7.4.4. Accessory buildings in the side yard on the street side of a corner lot shall not extend beyond the minimum required front yard line of the lot to the rear of the corner lot.

6.7.5. Building height limitations.

6.7.5.1. For the purposes of this section:

6.7.5.1.1. The height of a building shall be the vertical distance measured from the mean elevation of the finished grade at the front of the building to the highest point of the building.

6.7.5.1.2. A point of access to a roof shall be the top of any parapet wall or the lowest point of a roof's surface, whichever is greater. Roofs with slopes greater than seventy-five (75) percent are regarded as walls.

6.7.5.2. Subject to the remaining provisions of this section, building height limitations in the various zoning districts shall be as indicated in section 6.6.

6.7.5.3. Subject to subsection 6.7.5.4, the following features are exempt from the district height limitations set forth in section 6.6.

6.7.5.3.1. Chimneys, water tanks, church spires, elevator shafts, scenery lofts, and similar structural appendages not intended as places of occupancy or storage;

6.7.5.3.2. Flagpoles and similar devices;

6.7.5.3.3. Heating and air conditioning equipment, solar collectors, and similar equipment, fixtures, and devices.

6.7.5.4. The features listed in subsection 6.5.7.3 are exempt from the height limitations set forth in section 6.6 if they conform to the following requirements:

6.7.5.4.1. Not more than one-third of the total roof area may be consumed by such features.

6.7.5.4.2. The features described in subsection 6.7.5.3.3 above must be set back from the edge of the roof a minimum distance of one (1) foot for every foot by which such features extend above the roof surface of the principal building to which they are attached.

6.7.5.4.3. The permit-issuing authority may authorize or require that parapet walls be constructed (up to a height not exceeding that of the features screened) to shield the features listed in subsection 6.7.5.3.1 and 6.7.5.3.3. from view.

6.7.5.5. Notwithstanding section 6.6, in any zoning district the vertical distance from the ground to a point of access to a roof surface of any nonresidential building or any multi-family residential building containing four (4) or more dwelling units may not exceed forty (40) feet unless the fire chief certifies to the permit-issuing authority that such building is designed to provide adequate access for firefighting personnel or the building inspector certifies that the building is otherwise designed or equipped to provide adequate protection against the dangers of fire.

6.7.5.6. Towers and antennas are allowed in all zoning districts to the extent authorized in the table of uses and activities.

6.7.6. General height and area exceptions and supplements. The following requirements or regulations qualify or supplement as the case may be, the district regulations or requirements appearing elsewhere in this ordinance.

6.7.6.1. No building exceeding forty (40) feet or three (3) stories in height above grade shall be erected without certification from the North Carolina State Fire Marshal that such buildings, as proposed to be located, constructed or equipped, and particularly occupants or patrons of upper stories, can be properly protected in case of fire.

6.7.6.2. Public or semipublic buildings, hospitals, sanitariums, schools and churches or temples, where permitted in a district, may be erected to a height not exceeding one hundred (100) feet, except that buildings in the B-2 central business district are not restricted.

6.7.6.3. Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall project into a minimum court more than six (6) inches nor into a minimum side yard more than twenty-four (24) inches.

6.7.7. Specific height and area exceptions in the B-1, B-2, I-B, I-1, and I-2 districts. Required interior side yards in the B-1 general business, B-2 central business district, I-B industrial business district, I-1 industrial district, and I-2 general industrial district may be reduced to the side property line provided the following conditions are met:

6.7.7.1. A four-hour rated firewall with a two-hour rated parapet extended three (3) feet above the roof shall be constructed along the full exterior side wall length.

6.7.7.2. Not less than two (2) sides of the building shall have permanent, unobstructed fire equipment access.

6.7.7.3. Provided, however, that side yards on the street side of corner lots shall maintain the required dimensional setback for the specified district.

6.7.7.4. Provided, further, that the following occupants and material storage are classified as highly hazardous. Such occupancies and material storage shall be required to maintain the required dimensional setback for the specific district.

6.7.7.4.1. Unrated building materials (no fire rating).

6.7.7.4.2. Paint in excess of five (5) cases.

6.7.7.4.3. Any material designated by the manufacturer as potentially explosive.

6.7.7.4.4. Poisons.

6.7.7.4.5. Spray painting.

6.7.7.4.6. Tire storage and/or recapping supplies and materials.

6.7.7.4.7. Wholesale petroleum products.

6.7.7.4.8. LP gas products.