500 Jurisdiction - The provisions of this ordinance shall apply within the City of Lenoir's corporate limits as now or hereafter fixed and its extraterritorial planning jurisdiction, as established on the map entitled Official Zoning Atlas of the City of Lenoir, North Carolina. Said atlas and amendments thereto and all explanatory matter thereon accompanies and is made a part of this ordinance; a copy of the map shall be maintained for public inspection in the Planning Department office and a digital copy shall be made available on the City's website. Records of prior zoning maps and map amendments shall be maintained by the Planning Department and be provided for public inspection upon request.

500.1

Bona fide farms in the ETJ - Property that is located in the City's extraterritorial jurisdiction (ETJ) that is used for bona fide farm purposes is exempt from the zoning regulations in this Chapter, as defined in G.S. 160D-903(a) and (c). Accessory farm buildings of bona fide farms in the ETJ shall also be exempt from building codes the same as county zoning. For purposes of complying with State or federal law, property that is exempt from municipal zoning pursuant to this subsection is subject to the county's floodplain regulation or all floodplain regulation provisions of the county's unified development ordinance.

State Law reference— G.S. 160D-903.

501 District Boundaries - The boundaries of the zoning districts, hereby established and as shown on the Official Zoning Atlas of the City of Lenoir, North Carolina, together with all explanatory matters thereon, are hereby adopted by reference and declared to be part of this ordinance.

If, in accordance with the provisions of this ordinance and North Carolina General Statutes 160D-601 through 160D-708, changes are made in district boundaries or other matter portrayed on the Official Zoning Atlas, such changes shall be entered on the Official Zoning Atlas by the Planning Department within seven (7) days after the amendment has been approved by the City Council.

No changes of any nature shall be made on the Official Zoning Atlas or matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered as a violation of this ordinance.

Regardless of the existence of any purported copy of the Official Zoning Atlas, the Zoning Atlas which shall be located in the office to the Planning Department shall be the final authority as to the current zoning status of land, water areas, buildings and other structures.

502 Establishment of Zoning Districts - For the purpose of this ordinance the City of Lenoir and its extraterritorial planning district is divided into the following classes of zones:

R-20 Residential (Single-family) District

R-15 Residential (Single-family) District

R-12 Residential (Single-family) District

R-9 Residential (Multi-family) District

R-6 Residential (Multi-family) District

R-R Residential (Rural) District

R-C Residential-Commercial District

O & I Office and Institutional District

B-1 Neighborhood Business District

B-2 General Business District

B-3 Central Business District

B-5 Neighborhood Mixed Use

B-6 Transitional Business District

B-7 Highway Business District

I-1 Light Industrial District

I-2 Heavy Industrial District

S-2 North Main Street Special Overlay District

CZ-* Conditional Zoning District

*Conditional zoning districts are numbered individually according to the order in which they are adopted (i.e. conditional zoning districts will be numbered CZ-1, CZ-2, CZ-3, etc. on the Official Zoning Map).

Establishment of Zoning Districts

The following Statements of Intent are hereby adopted for each district:

a.

R - 20 Residential (Single-family) District is intended to accommodate low density single-family residences and compatible land uses. The regulations for this district are designed to stabilize and encourage a healthful environment for family life in areas where public or community water or public sewer may not be available. Any uses which would adversely affect or interfere with the residential character and development of these areas are excluded.

b.

R - 15 Residential (Single-family) District is intended to accommodate low density single-family residences and compatible land uses. R-15 is normally serviced by public water and sewer facilities. Any uses which would adversely affect or interfere with the residential character and development of these areas are excluded.

c.

R - 12 Residential (Single-family) District is intended to establish and preserve land within the city for medium density single-family residences and compatible land uses. Regulations are designed to allow predominately single-family residences at medium densities, with duplex, townhome, low-rise apartments, and planned residential developments allowed at compatible densities as special uses. Any uses which would adversely affect or interfere with the residential character and development of these areas are excluded.

d.

R - 9 Residential (Multi-family) District is intended to establish and preserve areas of land within the city for medium density single-family residences, doublewide manufactured homes, duplexes, townhomes, low-rise garden apartments, and other compatible land uses, with higher density multi-family apartments allowed as special uses. Any uses which would adversely affect or interfere with the residential character and development of these areas are excluded.

e.

R - 6 Residential (Multi-family) District is intended to establish and preserve areas of land within the city for medium and high density residences, including single family, doublewide manufactured homes, duplexes, townhomes, multi-family developments, and other compatible uses at appropriate densities. Higher density multi-family developments are allowed as special uses. Any uses which would adversely affect or interfere with the residential character and development of these areas are excluded.

f.

R - R (Rural Residential) District is intended to develop and maintain, in keeping with the existing and future land development patterns, those areas of extraterritorial jurisdiction for low density single family residences, double wide manufactured homes, and compatible uses. The regulations for this district are designed to stabilize and encourage a healthful environment for family life in areas where public or community water or public sewer may not be available. Any uses which would adversely affect or interfere with the residential character and development of these areas are excluded.

g.

R - C (Residential-Commercial) District is established to provide land areas suitable for moderate to high intensity development of residential developments, with limited supporting commercial uses to accommodate planned, mixed-use developments and small community-serving commercial uses within predominately multi-family developments.

h.

O & I (Office and Institutional) District is established to provide land areas suitable for the location of high density residential uses, professional and business offices, medical services, institutional uses, and associated commercial activities. This district is intended to provide a transitional zone between lower density residential districts and business or industrial districts and to accommodate a moderate to high intensity of development.

i.

B - 1 (Neighborhood Business) District is intended to serve the needs of the surrounding residential neighborhoods by providing convenience goods and services which cater to the everyday needs of the residents. These areas are usually located on small parcels within established neighborhoods, allowing structures built as neighborhood businesses prior to the establishment of zoning to continue to be improved and re-used to suit the changing needs of the neighborhood. It is the intent of this district to protect the integrity of the surrounding residential neighborhoods; and therefore the B-1 district should not normally be extended or new areas established.

j.

B - 2 (General Business) District is intended to provide for a wide variety of retail, service and other activities, controlled by performance standards, at locations along major transportation routes, to serve both local and transient traffic. While generally located in areas that are auto-centric, the General Business zoning district is intended to promote development that equally considers pedestrian traffic, because this district is often located in close proximity to multi-family developments and short-term lodging. This district is designed to accommodate a moderate to high intensity of development along key commercial corridors in the City, with robust design standards to encourage a unique sense of place and promote a multi-modal future with support for transit, bike, and pedestrian infrastructure.

k.

B - 3 (Central Business) District is applied to the Downtown Core area of the City and is intended to promote the Downtown Central Business District as the city's central hub for financial, professional, cultural, and governmental business by providing a variety of supporting personal services, retail uses, restaurants, and gathering spaces that help support a vibrant, active downtown for people employed in and around the district as well as transient shoppers. The yard requirements within the district are designed to provide for infill development standards that are compatible with the concentrated development patterns commonly found in the historic downtown core. Demolitions of contributing historic structures are strongly discouraged, and the re-use and renovation of with active uses on the ground floor and residential apartments or offices located on upper floors is strongly encouraged. Those commercial activities which require an extensive use of land to market their products such as car dealerships and commercial establishments requiring outside storage are prohibited from the district.

l.

B - 5 (Neighborhood Mixed Use) District is intended to protect and foster the architectural and historic residential character of the North Main Street corridor while encouraging the location of aesthetically compatible small-scale commercial activities that will provide basic and specialty consumer needs to the district and the immediate neighborhood.

m.

B - 6 (Transitional Business) District is intended to serve the needs of the traveling public as well as provide convenience goods and services to surrounding residential neighborhoods. This district is further intended to promote commercial activity in a high-volume traffic corridor that is in close proximity to well established, economically healthy residential neighborhoods, and as such requires design and performance standards to ensure commercial development occurs at compatible intensities, with appropriate architectural standards and buffering/screening requirements. Areas zoned B-6 tend to be already developed with medium density single family homes and a variety of multi-family uses, and are experiencing pressure for commercial expansion due to their close proximity to major transportation facilities. This district promotes incremental change to accommodate the conversion of existing structures into offices and low intensity retail or service uses, along with new development of non-residential uses, while allowing single family residences to remain as permitted land uses as the areas undergo gradual change.

n.

B - 7 (Highway Business) District is intended to provide areas along major thoroughfares for development at similar intensities as the General Business district, but in areas less conducive to the accommodation of pedestrian infrastructure and pedestrian-scaled architecture. Performance standards in this district focus on improving highway-adjacent development access, through the development or redevelopment of parcels with interior service roads and consolidated driveway access to help minimize traffic congestion on the state highway system. Sidewalks, landscaping, and architectural design standards of this district are intended to promote the unique character of Lenoir on these highly visible parcels, while maintaining affordability of development in areas that are located further away from the main economic core. The retail and service establishments allowed within this district are intended to serve both local and regional consumers.

o.

I - 1 (Light Industrial) District is established to provide regulations for the development of areas generally devoted to light manufacturing, processing and assembly uses, warehousing, retail storage and other compatible uses that are limited in noise, obnoxious odors, with little to no adverse effects on adjacent areas. Some mixture of retail, wholesale, and industrial development may occur in this district, but residential uses are prohibited.

p.

I - 2 (Heavy Industrial) District is intended to produce areas to accommodate those industrial uses (manufacturing, processing, major vehicle services, junk yards, etc.) which, because of their operation, may be incompatible with surrounding residential and commercial land uses or require large acreage near or adjacent to major thoroughfares and railroad access. Realizing the necessity of providing, maintaining, and preserving land areas for industrial development, all residential uses are prohibited in this zone and commercial uses are limited to those commercial activities that may be supportive of the district or similarly benefit from a location away from sensitive land uses.

q.

CZ-* (Conditional Zoning District) is intended for use in situations where conventional zoning standards are inadequate to facilitate a particular desirable development or to fully mitigate concerns over the impact of such a development. A Conditional Zoning district may be based on a conventional "base" zoning district, with additional conditions added that are reasonable and necessary to permit the proposed use and development of the property, or it may contain regulations that are completely unique to the district. Conditional Zoning districts are intended to achieve results equal to or better than would be permissible under an existing zoning district.

r.

S-1 Special Use Overlay District (REPEALED) Special use overlay districts shall be deemed automatically converted to conditional zoning districts upon adoption of this ordinance, with any site plan or condition set forth under the initial approval of the quasi-judicial use permit that accompanied the special use overlay district to be considered incorporated into the provisions of the conditional zoning district. The base zoning of the parcel shall continue to apply.

s.

S-2 North Main Street Special Overlay District is intended to implement the design standards and permitted uses recommended by the North Main Street Small Area Plan. This district is an overlay district, which works in tandem with the underlying zoning districts in the North Main Special Overlay area to promote orderly and compatible development appropriate to the traditional historic character and overall future vision of the area.

(Ord. of 1-19-2021, § 8)

503 Rules for Interpretation of District Boundaries - When uncertainty exists as to the boundaries of district shown on the Official Zoning Atlas, the following rules shall apply:

503.1

Boundaries indicated as approximately following the center lines of streets, highways, alleys, or public utility easements shall be construed as following such center lines;

503.2

Boundaries indicated as approximately following platted lot or tract lines shall be construed as following such lines, whether public or private;

503.3

Boundaries indicated as approximately following city limits shall be construed as following such city limits;

503.4

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

503.5

Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other lines shall be construed as following the center line;

503.6

Boundaries indicated as approximately following topographic elevations shall be construed as following such elevations;

503.7

Boundaries indicated as parallel to or extension of features indicated above shall be so construed. Distances not specifically indicated on the Official Zoning Atlas, or in other circumstances not covered by the above, shall be interpreted by the Board of Adjustment.

504 Annexation - When the City of Lenoir annexes any area of land within the extraterritorial areas, that land area shall be placed in a district compatible to the existing zoning within the municipal boundaries. Any request for change shall be considered a rezoning request and shall be reviewed by the Planning Board. The City Council may direct the Planning Board to review and make recommendations pertaining to the zoning of new areas. The Planning Board shall have forty-five (45) days to make its recommendations, which may be, in whole or in part, in the form of recommended zoning amendments. The City Council may then process and act upon such proposed amendments.

505 Use of Land or Structures - The regulations set by this ordinance within each district shall be minimum regulations unless identified as referring to maximums and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

505.1

No land or structure shall be used or occupied, and no structure or parts shall be constructed, erected, altered, or moved unless in conformity with all of the regulations herein specified for the district within which it is located.

505.2

No structure shall be erected or altered:

505.21 With greater height, size, bulk, or other dimensions.

505.22 To accommodate or house a greater number of families.

505.23 To occupy a greater percentage of lot area; or

505.24 To have narrower or smaller rear yards, front yards or other open spaces; than herein required or in any other manner contrary to the provisions of this ordinance.

505.3

No part of a yard, other open space, or off-street parking or loading space required in connection with any building for the purpose of complying with this ordinance shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

505.4

Rights-of-way or easements for streets and roads shall not be considered a part of a lot or open space, or front, side, or rear yard for the purpose of meeting yard requirements.

506 Lot Reduction Prohibited - No yard or lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.

507 Use of Substandard Lots of Record - Where the owner of a lot at the time of the adoption of this ordinance does not own sufficient land to enable him to conform to the dimensional requirements, such as minimum lot area or minimum lot width, such lot may be used as a building site provided the minimum yard requirements can be met.

508 Two Dwelling Units on the Same Lot - In zoning districts where a second dwelling unit (accessory apartment, accessory cottage) is permitted or permitted as a Special Use to be placed on a lot that already has a principal use single family dwelling, such units are limited to lots meeting the minimum lot size for a two-family (duplex) use. Secondary dwelling units are limited to 30 percent of the square footage of the principal dwelling unit. A minimum of two off-street parking spaces must be provided on lots with a principal and secondary dwelling unit.

Notwithstanding the above, a single Temporary Health Care Structure shall be a permitted accessory use on any lot legally occupied with a single family dwelling, in accordance with N.C.G.S. section 160D-915, as amended from time-to-time.

(Ord. of 1-19-2021, § 8)

509 Determinations and Interpretations - Any staff member of the Planning Department, as authorized by the Director, may make determinations and interpretations on the provisions in this ordinance while engaged in the administration and enforcement of the ordinance. Whenever a property owner or authorized agent disagrees with the interpretation or application of this ordinance made by planning department staff, or otherwise requests that a written determination be made, the Planning Director shall make the final determination and provide written notice of the determination to the property owner and to the party who sought the determination, if different from the owner, pursuant to G.S. 160D-403(b). It shall be the responsibility of the land owner, applicant, or person who sought the determination to post notice pursuant to G.S. 160D-403(b), and the posting of such notice is not required.

(Ord. of 1-19-2021, § 8)

510 Development Approvals Run with the Land - Unless provided otherwise by law, all rights, privileges, benefits, burdens, and obligations created by development approvals made pursuant to this Chapter attach to and run with the land (state law reference: G.S. 160D-104).

(Ord. of 4-21-15, § 2; Ord. of 6-16-2015(2); Ord. of 7-21-15, § 1; Ord. of 3-19-2019, § 1; Ord. of 1-19-2021, § 8)