(a)

Subject to section 35-147, when used in connection with a particular use in the table of permissible uses (section 35-149), the letter "Z" means that the use is permissible in the indicated zone with a zoning permit issued by the administrator. The letter "S" means a special use permit must be obtained from the city council.

(b)

Use of the designation Z, S, for combination uses is explained in section 35-155.

(c)

Use of the designation Z/S for special events is explained in section 35-162.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 1030, § 3, 4-18-88; Ord. No. 2021.06.02 , 6-9-21)

Notwithstanding any other provisions of this chapter, whenever the table of permissible uses (interpreted in the light of section 35-146 and the other provisions of this chapter) provides that a use in a nonresidential zone is permissible with a zoning permit, a special use permit shall nevertheless be required if the administrator finds that the proposed use would have an extraordinary impact on neighboring properties or the general public. In making this determination, the administrator shall consider, among other factors, whether the use is proposed for an undeveloped or previously developed lot, whether the proposed use constitutes a change from one principal use classification to another, whether the use is proposed for a site that poses peculiar tragic or other hazards or difficulties, and whether the proposed use is substantially unique or is likely to have impacts that differ substantially from those presented by other uses that are permissible in the zoning district in question.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

The presumption established by this chapter is that all legitimate uses of land are permissible within at least one zoning district in the city's planning jurisdiction. Therefore, because the list of permissible uses set forth in section 35-149 (table of permissible uses) cannot be all-inclusive, those uses that are listed shall be interpreted liberally to include other uses that have similar impacts to the listed uses.

(b)

Notwithstanding subsection (a), all uses that are not listed in section 35-149 (table of permissible uses), even given the liberal interpretation mandated by subsection (a), are prohibited. Nor shall section 35-149 (table of permissible uses) be interpreted to allow a use in one zoning district when the use in question is more closely related to another specified use that is permissible in other zoning districts.

(c)

Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited in all districts:

(1)

Any use that involves the manufacture, handling, sale, distribution, or storage of any highly combustible or explosive materials in violation of the city's fire prevention code.

(2)

Rendering plants.

(3)

Use of a travel trailer as a residence.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

The following "Table of Permissible Uses" should be read in close conjunction with the definitions of terms set forth in section 35-15 and the other interpretive provisions set forth in this chapter.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 872, 4-21-86; Ord. No. 890, 7-21-86; Ord. No. 906, 9-14-86; Ord. No. 949, 5-18-87; Ord. No. 965, 8-3-87; Ord. No. 1030, § 4, 4-18-88; Ord. No. 1114, 3-20-89; Ord. No. 1125, 5-15-89; Ord. No. 1236, 9-24-90; Ord. No. 1263, 1-28-91; Ord. No. 1379, 2-22-93; Ord. No. 1445, 6-13-94; Ord. No. 1457, 8-22-94; Ord. No. 1529, 8-28-95; Ord. No. 1609, 3-24-97; Ord. No. 1610, 5-14-97; Ord. No. 1667, 6-8-98; Ord. No. 1690, 9-28-98; Ord. No. 1694, 10-12-98; Ord. No. 1762, 12-13-99; Ord. No. 1771, 1-10-00; Ord. No. 1801, 10-9-00; Ord. No. 1805, 11-27-00; Ord. No. 2006.04.02 , 4-24-06; Ord. No. 2012.08.01, § 1, 8-13-12; Ord. No. 2013.04.01, § 1, 4-15-13; Ord. No. 2013.10.02, § 1, 10-9-13; Ord. No. 2014.05.01, 5-12-14; Ord. No. 2016.03.05 , 3-14-16; Ord. No. 2016.08.06 , § 1, 8-8-16; Ord. No. 2017.06.01, 6-12-17; Ord. No. 2017.07.01 , 7-12-17; Ord. No. 2017.07.02 , 7-12-17; Ord. No. 2017.12.03, 12-6-17; Ord. No. 2018.01.02 , 1-10-18; Ord. No. 2018.08.07 , § 1, 8-13-18; Ord. No. 2021.06.02 , 6-9-21)

Editor's note— Ord. No. 1690, adopted Sept. 28, 1998, states: "the effective date of these amendments shall be January 1, 2000, for all developments existing on the date of adoption of this chapter and for all other developments, including new developments, the effective date of this chapter shall be the date of adoption."

Ord. No. 1762, adopted Dec. 13, 1999, amended the table of permissible uses in § 35-149 by adding Use 9.700. Inasmuch as there were already provisions so designated, the provisions have been added to the table as Use 9.800 at the discretion of the editor.

(a)

The table of permissible uses (section 35-149) classifies different principal uses according to their different impacts. Whenever an activity (which may or may not be separately listed as a principal use in this table) is conducted in conjunction with another principal use and the former use: (i) constitutes only an incidental or insubstantial part of the total activity that takes place on a lot, or (ii) is commonly associated with the principal use and integrally related to it, then the former use may be regarded as accessory to the principal use and may be carried on underneath the umbrella of the permit issued for the principal use. For example, a swimming pool/tennis court complex is customarily associated with and integrally related to a residential subdivision or multifamily development and would be regarded as accessory to such principal uses, even though such facilities, if developed apart from a residential development, would require a special use permit (use classification 6.210).

(b)

For purposes of interpreting subsection (a):

(1)

A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself or in relation to the principal use;

(2)

To be "commonly associated" with a principal use it is not necessary for an accessory use to be connected with such principal use more times than not, but only that the association of such accessory use with such principal use takes place with sufficient frequency that there is common acceptance of their relatedness.

(c)

Without limiting the generality of subsections (a) and (b), the following activities are specifically regarded as accessory to residential principal uses so long as they satisfy the general criteria set forth above:

(1)

Offices or studios within an enclosed building and used by an occupant of a residence located on the same lot as such building to carry on administrative or artistic activities of a commercial nature, so long as such activities do not fall within the definition of a home occupation.

(2)

Hobbies or recreational activities of a noncommercial nature.

(3)

The renting out of one or two rooms within a single-family residence (which one or two rooms do not themselves constitute a separate dwelling unit) to not more than two persons who are not part of the family that resides in the single-family dwelling.

(d)

Without limiting the generality of subsections (a) and (b), the following activities shall not be regarded as accessory to a residential principal use and are prohibited in residential districts.

(1)

Storage outside of a substantially enclosed structure of any motor vehicle that is neither licensed nor operational.

(2)

Parking outside a substantially enclosed structure of more than four motor vehicles between the front building line of the principal building and the street on any lot used for purposes that fall within the following principal use classifications: 1.100, 1.200, 1.420, or 1.430.

(e)

Trash containment areas. In all nonresidential zoning districts and for all nonresidential and multi-family uses, all trash containment devices, including compactors and dumpsters, shall be located and designed so as not to be visible from the view of adjacent streets and properties. If the device is not visible from public right-of-ways or adjoining residential properties, then it need not be screened. The type of screening used shall be determined based on the proposed location of the trash containment area, existing site conditions; and the type and amount of existing and proposed vegetation on the site. All trash containment devices shall meet the following standards:

(1)

All trash containment areas shall be enclosed to contain windblown litter.

(2)

The enclosure shall be at least as high as the highest point of the compactor or dumpster.

(3)

The enclosure shall be made of a material that is opaque at the time of installation and compatible with the design and materials of the principal building.

(4)

All compactors and dumpsters shall be placed on a concrete pad which is large enough to provide adequate support, allows for positive drainage, and conforms to the Robeson County Health Department regulations governing compactor pads.

(5)

The enclosure shall contain gates to allow for access and security.

(6)

The dumpster or compactor shall be accessible to the handicapped.

(7)

The standards of subsections 35-312(a) and (c) apply to this subsection.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 1690, 9-28-98; Ord. No. 2021.06.02 , 6-9-21)

Editor's note— Ord. No. 1690, adopted Sept. 28, 1998, states: "the effective date of these amendments shall be January 1, 2000, for all developments existing on the date of adoption of this chapter and for all other developments, including new developments, the effective date of this chapter shall be the date of adoption."

Notwithstanding any other provision of this chapter, no zoning or special use permit is necessary for the following uses:

(1)

Streets.

(2)

Electric power, telephone, telegraph, cable television, gas, water, and sewer lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way.

(3)

Neighborhood utility facilities located within a public right-of-way with the permission of the owner (state or town) of the right-of-way.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

A substantial change in use of property occurs whenever the essential character or nature of the activity conducted on a lot changes. This occurs whenever:

(1)

The change involves a change from one principal use category to another.

(2)

If the original use is a combination use (29.000) or planned unit development (30.000), the relative proportion of space devoted to the individual principal uses that comprise the combination use or planned unit development use changes to such an extent that the parking requirements for the overall use are altered.

(3)

If the original use is a combination use or a planned unit development use, the mixture of types of individual principal uses that comprise the combination use or planned unit development use changes.

(4)

If the original use is a planned residential development, the relative proportions of single-family dwelling units and multifamily dwelling unit changes.

(5)

If there is only one business or enterprise conducted on the lot (regardless of whether that business or enterprise consists of one individual principal use or a combination use), that business or enterprise moves out and a different type of enterprise moves in (even though the new business or enterprise may be classified under the same principal use or combination use category as the previous type of business). For example, if there is only one building on a lot and a florist shop that is the sole tenant of that building moves out and is replaced by a clothing store, that constitutes a change in use even though both tenants fall within principal use classification 2.110. However, if the florist shop were replaced by another florist shop, that would not constitute a change in use since the type of business or enterprise would not have changed. Moreover, if the florist shop moved out of a rented space in a shopping center and was replaced by a clothing store, that would not constitute a change in use since there is more than one business on the lot and the essential character of the activity conducted on that lot (shopping center—combination use) has not changed.

(6)

A manufactured home is removed and replaced by a manufactured home.

(b)

A mere change in the status of property from unoccupied to occupied or vice-versa does not constitute a change in use. Whether a change in use occurs shall be determined by comparing the two active uses of the property without regard to any intervening period during which the property may have been unoccupied, unless the property has remained unoccupied for more than 180 consecutive days or has been abandoned.

(c)

A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a change in use.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 1236, 9-24-90; Ord. No. 2021.06.02 , 6-9-21)

As to uses operating with special use permit under the following categories in the table of permitted uses contained in section 35-149: 8.150, 8.250, 8.350, 8.450 and 8.500, said permits shall lapse if the use at issue is discontinued for a period of 90 days or more. For purposes of this section, 'discontinued' shall mean the facility is no longer providing its normal and usual services to customers including its customary food and/or beverage products.

(Ord. No. 2021.06.02 , 6-9-21)

Editor's note— Ord. No. 2021.06.02 , adopted June 9, 2021, amended § 35-152.5 in its entirety to read as herein set out. Former § 35-152.5, pertained to cessation of use and lapsing of permits—Uses 35-149: 8.150, 8.250, 8.350, 8.450 and 8.500, and derived from Ord. No. 2015.04.04 , adopted April4-13-15.

The 2.000, 3.000 and 4.000 classifications in the table of permissible uses are written in very broad terms. However, it is the intention of this chapter that uses described in those classifications are permissible in an area zoned B-5 only when the particular use is in accordance with the objectives of the B-5 zoning district set forth in section 35-136. Thus, tourist-oriented retail stores or outlet stores that are oriented toward I-95 traffic are permitted, while major grocery stores that are primarily oriented toward and draw their business mostly from Lumberton residents are not.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

The 2.000, 3.000, and 4.000 classifications in the table of permissible uses are written in very broad terms. However, it is the intention of this chapter that uses described in those classifications are permissible in an area zoned B-6 only when the particular use is in accordance with the objectives of the B-6 zoning districts set forth in section 35-136. For example, doctors' and dentists' offices, physical therapists' offices, retail florist shops, small pharmacies, and businesses selling and fitting hearing aids, wheelchairs, etc. are permitted.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

When a combination use comprises two or more principal uses that require different types of permits (zoning or special use), then the permit authorizing the combination use shall be:

(1)

A special use permit if any of the principal uses combined requires a special use permit.

(2)

A zoning permit in all other cases.

This is indicated in the table of permissible uses by the designation "Z, S" in each of the columns adjacent to the 29.000 classification.

(b)

When a residential use is combined with a nonresidential use in a business district, the lot must have at least the minimum square footage required for the residential use alone. For example, in a B-1 zone, if two dwelling units are combined with a retail store in one building, the lot must have at least 6,000 square feet.

(c)

When two principal uses are combined, the total amount of parking required for the combination use shall be determined by cumulating the amount of parking required for each individual principal use according to the relative amount of space occupied by that use.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

No commercial use shall remain open between the hours of 2:00 a.m. and 5:00 a.m. if its primary structure is within 50 feet of a residential structure at its closest point. This section shall not be applied retroactively and shall not apply to situations where the commercial property was established and operating before the residential structure was constructed.

( Ord. No. 2015.04.06 , 4-13-15; Ord. No. 2021.06.02 , 6-9-21)

(a)

In a planned unit development, the developer may make use of the land for any purpose authorized in a particular PUD zoning district in which the land is located, subject to the provisions of this chapter. Section 35-138 describes the various types of PUD zoning districts.

(b)

Within any lot developed as a planned unit development, not more than 35 percent of the total lot area may be developed for higher density residential purposes (R-7 or R-3, as applicable), not more than ten percent of the total lot area may be developed for purposes that are permissible only in a B-1, B-2, or B-3 zoning district (whichever corresponds to the PUD zoning district in question), and not more than five percent of the total lot area may be developed for uses permissible only in the M-1 zoning district (assuming the PUD zoning district allows uses at all).

(c)

The plans for the proposed planned unit development shall indicate the particular portions of the lot that the developer intends to develop for higher density residential purposes, lower density residential purposes, purposes permissible in a commercial district (as applicable), and purposes permissible only in an M-1 district (as applicable). For purposes of determining the substantive regulations that apply to the planned unit development, each portion of the lot so designated shall then be treated as if it were a separate district, zoned to permit, respectively, higher density residential (R-7 or R-3), lower density residential (R-15 or R-11), commercial or M-1 uses. However, only one permit—a planned unit development permit—shall be issued for the entire development.

(d)

The nonresidential portions of any planned unit development may not be occupied until all of the residential portions of the development are completed or their completion is assured by any of the mechanisms provided in article IV to guarantee completion. The purpose and intent of this provision is to ensure that the planned unit development procedure is not used, intentionally or unintentionally, to create nonresidential uses in areas generally zoned for residential uses except as part of an integrated and well-planned, primarily residential, development.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

As indicated in the table of permissible uses, planned residential developments are permissible only in the PR-11 zoning district and require a special use permit.

(b)

Planned residential developments are permissible only on lots of at least five acres.

(c)

The permissible density within a planned residential development shall be determined by having the developer indicate on the plans the portion of the total tract being developed for single-family residences as well as the portion that will be developed for two-family purposes or multifamily purposes. The portion of the tract developed for single-family purposes shall be not less than 50 percent of the entire tract.

(1)

The single-family portion of the development may be developed in the same manner as a tract located within an R-11 zoning district.

(2)

The two-family portion of the development may be subdivided and developed in the same manner as a tract located within an R-7 zoning district, i.e., every lot developed for duplex purposes shall have at least 11,000 square feet.

(3)

The multifamily portion of the development may be subdivided and developed at a density determined by dividing the square footage of each lot within the multifamily portion by 5,000 square feet (fractions shall be rounded to the nearest whole number).

(4)

All buildings proposed for the two-family and multifamily portions of the planned residential development must be shown on the plans.

(d)

To the extent practicable, the two-family and multifamily portions of a planned residential development shall be located and oriented within the tract in such a fashion as to minimize any adverse effects on single-family residential subdivisions on adjoining tracts.

(e)

In a planned residential development, the screening requirements that would normally apply where two-family or multifamily development adjoins a single-family development shall not apply within the tract developed as a planned residential development, but all screening requirements shall apply between the tract so developed and adjacent lots.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

Whenever a development could fall within a more than one use classification in the table of permissible uses (section 15-149), the classification that most closely and most specifically describes the development controls. For example, a small doctor's office or clinic clearly falls within the 3.110 classification (office and service operations conducted entirely indoors and designed to attract customers or clients to the premises). However, classification 3.130, "Physicians and dentists offices and clinics" more specifically covers this use and therefore is controlling.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

Potential uses which may be considered for a conditional zoning districts are restricted to those uses permitted in the corresponding general zoning district. Those uses permissible in the general zoning districts with a zoning or special use permit will be exempted from the normal requirement for such a permit and replaced with a parallel special use permit. Uses permitted in conditional zoning districtss are subject to all applicable development standards and requirements for that use listed in the corresponding general zoning district. The application for a conditional zoning districts must contain information and site plans which indicate all of the principal and accessory uses which are proposed to be developed on the site. Subsequent to the approval of a conditional zoning districts, only those principal and accessory uses indicated on the approved plan may be constructed on the site.

(Ord. No. 2021.06.02 , 6-9-21)

Editor's note— Ord. No. 2021.06.02 , adopted June 9, 2021, amended § 35-159 in its entirety to read as herein set out. Former § 35-159, pertained to development in the parallel conditional use districts, and derived from Ord. No. 1155, adopted Oct. 2, 1989.

(a)

It is the intention of this chapter that accessory uses, such as retail sales of manufactured items, be permitted in the M-1 (light manufacturing) and M-2 (heavy manufacturing) districts if it is commonly associated with the principal use and integrally related to it, as approved by the planning and neighborhood services department.

(b)

No more than 50 percent of the total gross floor area of all buildings used for such manufacturing business shall be dedicated to the accessory use.

( Ord. No. 2014.02.02 , 2-10-14; Ord. No. 2021.06.02 , 6-9-21)

(a)

It is the intention of this chapter that uses permitted in the M-3 (planned industrial) district will comply with standards of design and construction that are compatible with existing or planned uses on surrounding properties and that conform to the development regulations of this chapter. Most uses will require the issuance of a special use permit by city council with the inclusion of reasonable conditions designed to achieve these objectives.

(b)

Applications for a special use permit authorizing a development in the M-3 (planned industrial) district must be accompanied by additional information which shall include, but may not be limited to, the following:

(1)

The location and dimension of all proposed buildings and structures, parking, loading, and circulation areas, driveways, and freestanding signs;

(2)

The location and dimension of all buildings and structures on abutting properties;

(3)

The location of proposed screening and buffering including the details of walls or fences and the depiction of proposed shade trees including species;

(4)

Proposed building elevations reflecting dimensions, materials, and finish; and

(5)

Proposed phasing of the project, if any, and the approximate completion time.

(c)

The uses permitted in the M-3 (planned industrial) district must comply with the development regulations of this chapter. In addition, the uses must conform to the following:

(1)

Maximum lot coverage shall not exceed 75 percent for all structures and vehicle accommodation areas.

(2)

Storage of material or equipment outside of an enclosed structure shall not exceed 25 feet in height and shall be screened to provide 100 percent opacity toward neighboring properties and public rights-of-way.

(3)

No parking or loading area shall be located between the street right-of-way and the building line.

(Ord. No. 1379, 2-22-93; Ord. No. 2021.06.02 , 6-9-21)

(a)

WS-IV watershed areas—Critical area (WS-IV-CA). Only new development activities that require an erosion/sedimentation control plan under state law or approved local program are required to meet the provisions of this section when located in the WS-IV watershed.

(1)

Permissible uses.

a.

Agriculture.

b.

Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC II.6101-.0209).

c.

Residential. (Subject to the density limits of section 35-169.)

d.

Nonresidential development, excluding:

1.

The storage of toxic and hazardous materials unless a spill containment plan is implemented;

2.

Landfills;

3.

Sites for land application of sludge residuals or petroleum contaminated soils.

(b)

WS-IV watershed areas—Protected area (WS-IV-PA). Only new development activities that require an erosion/sedimentation control plan under state law or approved local government program are required to meet the provisions of this chapter when located in the WS-IV watershed.

(1)

Permissible uses.

a.

Agriculture.

b.

Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 1I.6101-.0209).

c.

Residential development. (Subject to the density limits of section 35-169).

d.

Nonresidential development, excluding the storage of toxic and hazardous materials unless a spill containment plan is implemented.

(Ord. No. 1715, 2-22-99; Ord. No. 2021.06.02 , 6-9-21)