Lumberton City Zoning Code
Complete index of all zoning chapters, sections, and subsections
ARTICLE I
- GENERAL PROVISIONS
Sections
- Sec. 35-1.- Short title.
- Sec. 35-2. - Authority.
- Sec. 35-3. - Jurisdiction.
- Sec. 35-4. - Effective date.
- Sec. 35-5. - Relationship to existing zoning, subdivision and flood control ordinances.
- Sec. 35-6. - Relationship to land use plan.
- Sec. 35-7. - No use of land or building except in conformity with chapter provisions.
- Sec. 35-8. - Fees.
- Sec. 35-9. - Exceptions to applicability, conflicts of law.
ARTICLE III
ADMINISTRATIVE MECHANISMS
Sections
- DIVISION 1. - PLANNING BOARD
- DIVISION 2. - BOARD OF ADJUSTMENT
- DIVISION 3. - LAND USE ADMINISTRATION AND PLANNING DIRECTOR
- DIVISION 4. - CITY COUNCIL
ARTICLE IV
PERMITS AND FINAL PLAT APPROVAL
Sections
- DIVISION 1. - ZONING AND SPECIAL USE PERMITS [2]
- Sec. 35-46. - Permits required.
- Sec. 35-47. - No occupancy, use, or sale of lots until requirements fulfilled.
- Sec. 35-48. - Who may submit permit applications.
- Sec. 35-49. - Applications to be complete.
- Sec. 35-50. - Staff consultation before formal application.
- Sec. 35-51. - Staff consultation after application submitted.
- Sec. 35-52. - Zoning permits.
- Sec. 35-53. - Performance bond to ensure compliance with zoning permit.
- Sec. 35-54. - Special use permits.
- Sec. 35-55. - Burden of presenting evidence; burden of persuasion.
- Sec. 35-56. - Recommendations on special use permit applications.
- Sec. 35-57. - Recommendations on special use permits.
- Sec. 35-58. - Council action on special use permits.
- Sec. 35-59. - Reserved.
- Sec. 35-60. - Additional requirements on special use permits.
- Sec. 35-61. - Authorizing use, occupancy, or sale before completion of development under special use permit.
- Sec. 35-62. - Completing developments in phases.
- Sec. 35-63. - Expiration of permits.
- Sec. 35-64. - Effect of permit on successors and assigns.
- Sec. 35-65. - Amendments to and modifications of permits.
- Sec. 35-66. - Reconsideration of applications.
- Sec. 35-67. - Applications to be processed expeditiously.
- Sec. 35-68. - Maintenance of common areas, improvements, and facilities.
- DIVISION 2. - MAJOR AND MINOR SUBDIVISIONS
- Sec. 35-76. - Regulation of subdivisions.
- Sec. 35-77. - No subdivision without plat approval.
- Sec. 35-78. - Minor subdivision approval.
- Sec. 35-79. - Major subdivision approval process.
- Sec. 35-80. - Endorsements on major subdivision plats.
- Sec. 35-81. - Plat approval not acceptance of dedication offers.
- Sec. 35-82. - Protection against defects.
- Sec. 35-83. - Maintenance of dedicated areas until acceptance.
ARTICLE VIII
NONCONFORMING SITUATIONS
Sections
- Sec. 35-121.- Definitions.
- Sec. 35-122. - Continuation of nonconforming situations and completion of nonconforming projects.
- Sec. 35-123. - Nonconforming lots.
- Sec. 35-124. - Extension or enlargement of nonconforming situations.
- Sec. 35-125. - Repair, maintenance and reconstruction.
- Sec. 35-126. - Change in use of property where a nonconforming situation exists.
- Sec. 35-127. - Abandonment and discontinuance of nonconforming situations.
- Sec. 35-128. - Completion of nonconforming projects.
- Sec. 35-129. - Nonconforming outdoor advertising signs/displays.
ARTICLE IX
ZONING DISTRICTS AND ZONING MAP
Sections
- DIVISION 1. - ZONING DISTRICTS
- Sec. 35-135. - Residential districts established.
- Sec. 35-136. - Commercial districts established.
- Sec. 35-137. - Manufacturing districts established.
- Sec. 35-138. - Planned unit development districts established.
- Sec. 35-139. - Floodplain and floodway districts.
- Sec. 35-140. - Conditional zoning districts established.
- Sec. 35-141. - Lumber River Protection Overlay District.
- Sec. 35-141.2 - The East Lumberton Mill Village overlay district.
- Sec. 35-141.5. - Watershed protection overlay districts.
- DIVISION 2. - ZONING MAP
ARTICLE X
- PERMISSIBLE USES
Sections
- Sec. 35-146.- Use of the designations Z, S, C in table of permissible uses.
- Sec. 35-147. - Board of adjustment jurisdiction over uses otherwise permissible with a zoning permit.
- Sec. 35-148. - Permissible uses and specific exclusions.
- Sec. 35-149. - Table of permissible uses.
- Sec. 35-150. - Accessory uses.
- Sec. 35-151. - Permissible uses not requiring permits.
- Sec. 35-152. - Change in use.
- Sec. 35-152.5. - Cessation of use and lapsing of permits—Uses 35-8.150, 35-8.250, 35-8.350, 35-8.450 and 8.500.
- Sec. 35-153. - Developments in the B-5 zoning district.
- Sec. 35-154. - Developments in the B-6 zoning district.
- Sec. 35-155. - Combination uses.
- Sec. 35-155.5. - Limited hours for commercial uses particularly close to residences.
- Sec. 35-156. - Planned unit developments.
- Sec. 35-157. - Planned residential development.
- Sec. 35-158. - More specific use controls.
- Sec. 35-159. - Development in the conditional zoning districtss.
- Sec. 35-159.5. - Developments in the M-1 and M-2 industrial districts.
- Sec. 35-160. - Developments in the M-3 planned industrial district.
- Sec. 35-160.5. - Developments in watershed protection overlay districts.
ARTICLE XI
SUPPLEMENTARY USE REGULATIONS
Sections
- Sec. 35-161.- Temporary emergency, construction or repair residences.
- Sec. 35-161.1. - Temporary emergency aid facilities.
- Sec. 35-161.5. - Temporary storage containers.
- Sec. 35-162. - Special events.
- Sec. 35-162.5. - Yard sales.
- Sec. 35-163. - Family care home and handicapped or infirm home.
- Sec. 35-164. - Manufactured home parks.
- Sec. 35-165. - Bars and nightclubs.
- Sec. 35-165.5. - Restaurants.
- Sec. 35-166. - Adult establishments.
- Sec. 35-166.5 - Electronic gaming operations.
- Sec. 35-167. - Multifamily developments.
- Sec. 35-168. - Towers and antennas more than 50 feet in height (permitted use 18.300).
- Sec. 35-169. - Density and built-upon limits in watershed protection overlay districts.
- Sec. 35-170. - Cluster development.
- Sec. 35-171. - Buffer areas required.
- Sec. 35-172. - Application of regulations.
- Sec. 35-173. - Existing development.
- Sec. 35-174. - Engineered stormwater control structures.
- Sec. 35-175. - Posting of financial security required.
- Sec. 35-176. - Maintenance and upkeep.
- Sec. 35-177. - Inspections and release of the performance bond.
- Sec. 35-178. - Organized shelters.
- Sec. 35-179. - Manufactured homes sales.
- Sec. 35-180. - Display of goods outside fully enclosed building in the B-1 (business downtown) zoning district.
ARTICLE XII
DENSITY AND DIMENSIONAL REGULATIONS
Sections
- Sec. 35-181.- Minimum lot size.
- Sec. 35-182. - Residential density.
- Sec. 35-183. - Minimum lot widths.
- Sec. 35-184. - Building setback requirements.
- Sec. 35-185. - Accessory building requirements.
- Sec. 35-186. - Building height limitations.
- Sec. 35-187. - Cluster subdivisions.
- Sec. 35-188. - Architecturally integrated subdivisions.
- Sec. 35-189. - Density on lots where portion dedicated to city.
ARTICLE XIV
STREETS AND SIDEWALKS
Sections
- Sec. 35-210.- Street classification.
- Sec. 35-211. - Access to public streets in general.
- Sec. 35-212. - Access to arterial streets.
- Sec. 35-213. - Entrances to streets.
- Sec. 35-214. - Coordination with surrounding streets.
- Sec. 35-215. - Relationship of streets to topography.
- Sec. 35-216. - Street width, sidewalk, and drainage requirements in subdivisions.
- Sec. 35-217. - General layout of streets.
- Sec. 35-218. - Street intersections.
- Sec. 35-219. - Construction standards and specifications.
- Sec. 35-220. - Private roads in subdivisions and access to subdivisions by private roads.
- Sec. 35-221. - Road and sidewalk requirements in unsubdivided developments.
- Sec. 35-222. - Attention to handicapped in street and sidewalk construction.
- Sec. 35-223. - Street names and house numbers.
- Sec. 35-224. - Bridges.
- Sec. 35-225. - Utilities.
ARTICLE XV
UTILITIES
Sections
- Sec. 35-236.- Utility ownership and easement rights.
- Sec. 35-237. - Lots served by governmentally owned water or sewer lines.
- Sec. 35-238. - Sewage disposal facilities required.
- Sec. 35-239. - Determining compliance with section 35-238.
- Sec. 35-240. - Water supply system required.
- Sec. 35-241. - Determining compliance with section 35-240.
- Sec. 35-242. - Lighting requirements.
- Sec. 35-243. - Excessive illumination.
- Sec. 35-244. - Electric power.
- Sec. 35-245. - Telephone service.
- Sec. 35-246. - Underground utilities.
- Sec. 35-247. - Utilities to be consistent with internal and external development.
- Sec. 35-248. - As-built drawings required.
- Sec. 35-249. - Fire hydrants.
- Sec. 35-250. - Sites for and screening of dumpsters.
ARTICLE XVI
FLOOD DAMAGE PREVENTION—NON-COASTAL REGULAR PHASE3
Sections
- DIVISION 1. - STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES[4]
- DIVISION 2. - GENERAL PROVISIONS[5]
- Sec. 35-256. - Lands to which this chapter applies.
- Sec. 35-257. - Basis for establishing the special flood hazard areas.
- Sec. 35-258. - Establishment of floodplain development permit.
- Sec. 35-259. - Compliance.
- Sec. 35-260. - Abrogation and greater restrictions.
- Sec. 35-261. - Interpretation.
- Sec. 35-262. - Warning and disclaimer of liability.
- Sec. 35-263. - Penalties for violation.
- DIVISION 3. - ADMINISTRATION
- DIVISION 4. - PROVISIONS FOR FLOOD HAZARD REDUCTION.
- Sec. 35-269. - General standards.
- Sec. 35-269.1. - Specific standards.
- Sec. 35-269.3. - Standards for floodplains without established base flood elevations.
- Sec. 35-269.4. - Standards for riverine floodplains with base flood elevations but without established floodways or non-encroachment areas.
- Sec. 35-269.5. - Floodways and non-encroachment areas.
- Sec. 35-269.6. - Standards for areas of shallow flooding (Zone AO).
- Sec. 35-269.7. - Standards for areas of shallow flooding (Zone AH).
- DIVISION 5. - LEGAL STATUS PROVISIONS.
- DIVISION 6. - DRAINAGE, EROSION CONTROL, STORMWATER MANAGEMENT[6]
ARTICLE XVII
SIGNS7
Sections
- Sec. 35-270.- Definitions.
- Sec. 35-271. - Permit required for signs.
- Sec. 35-272. - Signs excluded from regulations.
- Sec. 35-273. - Certain temporary signs; permit exemptions and additional regulations.
- Sec. 35-274. - Determining the number of signs.
- Sec. 35-275. - Computation of sign area.
- Sec. 35-276. - Building signs.
- Sec. 35-277. - Freestanding signs.
- Sec. 35-278. - Off-premises signs/outdoor advertising displays.
- Sec. 35-279. - Subdivision and multifamily development entrance signs.
- Sec. 35-280. - Sign illumination and signs containing lights.
- Sec. 35-281. - Miscellaneous restrictions and prohibitions.
- Sec. 35-282. - Signs within the medical arts district.
- Sec. 35-283. - Blimps and balloons.
- Sec. 35-284. - Flagpoles and flags.
ARTICLE XVIII
PARKING
Sections
- Sec. 35-290.- Definitions.
- Sec. 35-291. - Number of parking spaces required.
- Sec. 35-292. - Flexibility in administration required.
- Sec. 35-293. - Parking space dimensions.
- Sec. 35-294. - Required widths of parking area aisles and driveways.
- Sec. 35-295. - General design requirements.
- Sec. 35-296. - Vehicle accommodation area surfaces.
- Sec. 35-297. - Joint use of required parking spaces.
- Sec. 35-298. - Satellite parking.
- Sec. 35-299. - Special provisions for lots with existing buildings.
- Sec. 35-300. - Loading and unloading areas.
ARTICLE XIX
SCREENING AND TREES8
Sections
- DIVISION 1. - SCREENING
- Sec. 35-304. - Council findings concerning the need for screening requirements.
- Sec. 35-305. - General screening standard.
- Sec. 35-306. - Compliance with screening standard.
- Sec. 35-307. - Descriptions of screens.
- Sec. 35-308. - Table of screening requirements.
- Sec. 35-309. - Flexibility in administration required.
- Sec. 35-310. - Combination uses.
- Sec. 35-311. - Subdivisions.
- Sec. 35-312. - Recyclable materials storage areas alone or in conjunction with another principal use.
- DIVISION 2. - SHADING
ARTICLE XX
AMENDMENTS
Sections
- Sec. 35-320.- Amendments in general.
- Sec. 35-321. - Initiation of amendments.
- Sec. 35-322. - Planning board consideration of proposed amendments.
- Sec. 35-323. - Hearing required; notice.
- Sec. 35-324. - Council action on amendments.
- Sec. 35-325. - Ultimate issue before council on amendments.
- Sec. 35-326. - Protests to zoning district changes.
ARTICLE XXIII
WATERSHED PROTECTION
Sections
- DIVISION 1. - GENERAL PROVISIONS
- DIVISION 2. - SUBDIVISION REGULATIONS
- DIVISION 3. - DEVELOPMENT REGULATIONS
- Sec. 35-362. - Establishment of watershed areas.
- Sec. 35-363. - Watershed areas described.
- Sec. 35-364. - Cluster development.
- Sec. 35-365. - Buffer areas required.
- Sec. 35-366. - Rules governing the interpretation of watershed area boundaries.
- Sec. 35-367. - Application of regulations.
- Sec. 35-368. - Existing development.
- Sec. 35-369. - Watershed protection permit.
- Sec. 35-370. - Building permit required.
- Sec. 35-371. - Watershed protection occupancy permit.
- DIVISION 4. - PUBLIC HEALTH REGULATIONS
- DIVISION 5. - ADMINISTRATION, ENFORCEMENT AND APPEALS
- Sec. 35-374. - Watershed administrator and duties thereof.
- Sec. 35-375. - Appeal from the watershed administrator.
- Sec. 35-376. - Changes and amendments to the watershed protection article.
- Sec. 35-377. - Public notice and hearing required.
- Sec. 35-378. - Establishment of watershed review board.
- Sec. 35-379. - Powers and duties of the board of adjustment.
- Sec. 35-380. - Appeals from the board of adjustment.
- DIVISION 6. - HIGH DENSITY DEVELOPMENT
- Sec. 35-381. - High density development standards.
- Sec. 35-382. - High density development permit application.
- Sec. 35-383. - Stormwater control structures.
- Sec. 35-384. - Posting of financial security required.
- Sec. 35-385. - Maintenance and upkeep.
- Sec. 35-386. - Application and inspection fees.
- Sec. 35-387. - Inspections and release of the performance bond.
- Sec. 35-388. - Sanctions.