(a)

The following residential districts are hereby established: A-5, A-5F, R-20, R-15, R-10, R-10Z, R-10S, R-8, and R-6. The purpose of each residential district is to secure for the persons who reside there a comfortable, healthy, safe and pleasant environment in which to live, sheltered from incompatible and disruptive activities that properly belong in nonresidential districts.

(b)

The A-5, A-5F, R-20, R-15, R-10, R-10A, R-10S, R-8, and R-6 districts differ primarily in the density and dimensional requirements as contained in article XII (density and dimensional regulations) and in uses allowed as contained in article X (table of permissible uses):

(1)

The A-5 agriculture district is designed to secure the agricultural integrity of the areas so classified and to allow for low-density single-family development on five-acre minimum lots. The uses encouraged in this district are primarily agricultural or forestry related. Residential developments of five units or more shall comply with the cluster subdivision provision outlined in article XII of this ordinance. For the A-5 agriculture district, in promoting the general purposes of this ordinance, the specific intent of this district is:

(a)

To encourage the conservation of the area's existing agricultural and forestry resources and to promote the further expansion of these land-related resources;

(b)

To prohibit non-agricultural and non-forestry-related commercial and industrial use of the land and to prohibit any other influx of uses likely to render it undesirable for farms and low-density development except mobile food vendors;

(c)

To encourage the sensitive incorporation of low-density single-family or multifamily development into an agricultural and forested area in an effort to maintain rural character and conserve valuable lands; and

(d)

To discourage any use which, because of its character or size, would create requirements and cost for public services, such as police and fire protection, water supply and sewerage, substantially in excess of such requirements and cost if the district were developed solely for single-family purposes.

(1a)

The A-5F agriculture forestry district is designed to promote forestry operations, low-density residential uses, recreational uses, and certain agricultural uses. Landfill, quarry, livestock, and similar uses that may negatively impact nearby residential uses with excessive noise, odor, or traffic are prohibited. It is specifically intended that the A-5F agricultural/forestry district:

(a)

Encourage the conservation of the areas existing agricultural and forestry resources and promote low-density development;

(b)

Prohibit non-agricultural and non-forestry related commercial and industrial use of the land, except mobile food vendors, and prohibit any other influx of uses likely to render the area bearing such zoning classification undesirable for forestry, non-livestock farms, and low-density housing.

(2)

The R-20 rural residential district is designed to accommodate low-density single-family dwellings with 20,000 square feet minimum lots that may not be serviced with city sewer service or multifamily dwellings that are serviced with city sewer. For the R-20 residential district, in promoting the general purposes of this ordinance, the specific intent of this district is:

(a)

To encourage the construction of and the continued use of the land for low density single-family or multifamily dwellings;

(b)

To encourage the preservation of the rural character of the land;

(c)

To prohibit commercial and industrial use of the land, except mobile food vendors, and to prohibit any other influx of uses likely to render it undesirable for low density development;

(d)

To discourage any use which, because of its character or size, would create requirements and cost for public services, such as police and fire protection, water supply and sewerage, substantially in excess of such requirements and cost if the district were developed solely for single-family dwellings;

(e)

To encourage the discontinuance of existing uses that would not be permitted as new uses in this district; and

(f)

To encourage development to take place in a manner that promotes a healthy environment.

(3)

The R-15 residential district is designed to accommodate low-density single-family dwellings with 15,000 square feet minimum lots. For the R-15 residential district, in promoting the general purposes of this ordinance, the specific intent of this district is:

(a)

To encourage the construction of and the continued use of the land for single-family dwellings;

(b)

To prohibit commercial and industrial use of the land, except mobile food vendors, and to prohibit any other use which would substantially interfere with development or continuation of single-family dwellings in the district;

(c)

To encourage the discontinuance of existing uses that would not be permitted as new uses in this district;

(d)

To discourage any use which would generate traffic on minor streets other than normal traffic to serve residences on those streets; and

(e)

To discourage any use which, because of its character or size, would create requirements and costs for public services, such as police and fire protection, water supply and sewerage, substantially in excess of such requirements and costs if the district were developed solely for residential purposes.

(4)

The R-10 residential district is designed to accommodate single- and two-family homes with 10,000 square feet lots required for one-family dwellings and an additional 5,000 square feet required for each additional unit. For the R-10 residential district, in promoting the general purposes of this ordinance, the specific intent of this district is:

(a)

To encourage the continued use of the land for residential purposes;

(b)

To prohibit commercial and industrial use of the land, except mobile food vendors, and to prohibit any other use which would substantially interfere with development or continuation of single- and two-family dwellings in the district;

(c)

To encourage the discontinuance of existing uses that would not be permitted as new uses in this district;

(d)

To discourage any use which would generate traffic on minor streets other than normal traffic to serve residences on those streets; and

(e)

To discourage any use which because of its character and size would create requirements and costs for public services, such as police and fire protection, water supply and sewerage, substantially in excess of such requirements and costs if the district were developed solely for residential purposes.

(5)

The R-10A residential district is designed to accommodate single-, two-, and multifamily dwellings with the same lot sizes and density as allowed in the R-10 residential district. In promoting the general purposes of this ordinance, the general intent of this district is the same as the R-10 residential district.

(6)

The R-10S residential district is established as a district in which the principal use of land is for single-family dwellings. Two-family and multifamily dwellings are prohibited. Lot sizes and density are the same as those allowed in the R-10 residential district. In promoting the general purposes of this ordinance, the general intent of this district is the same as the R-10 residential district.

(7)

The R-8 residential district is designed to accommodate single-, two-, and multifamily dwellings with a minimum 8,000 square feet lot for one unit and 4,000 square feet for each additional unit; multifamily density maximum is approximately 10.6 units per acre (based on a five-acre tract). For the R-8 residential district, in promoting the general purposes of this ordinance, the specific intent of this district is:

(a)

To encourage the continued use of the land for residential purposes;

(b)

To prohibit commercial and industrial use of the land, except mobile food vendors, and to prohibit any other use which would substantially interfere with development or continuation of residential uses in the district;

(c)

To encourage the discontinuance of existing uses that would not be permitted as new uses in this district;

(d)

To discourage any use which would generate traffic on minor streets other than normal traffic to serve residences on those streets; and

(e)

To discourage any use which because of its character or size would create requirements and costs for public services such as police and fire protection, water supply and sewerage, substantially in excess of such requirements and costs if the district were developed solely for residential purposes.

(8)

The R-6 residential district is designed to accommodate single-, two-, and multifamily dwellings with 6,000 square feet minimum lots for one dwelling unit and 2,000 square feet required for each additional unit. For the R-6 residential district, in promoting the general purposes of this ordinance, the specific intent of this district is:

(a)

To encourage continued use of the land for residential purposes and certain compatible nonresidential uses;

(b)

To prohibit commercial and industrial use of the land, except mobile food vendors; to prohibit any other use which would substantially interfere with the development or continuation of residential structures in the district;

(c)

To encourage the discontinuance of existing uses that would not be permitted as new uses in the district; and

(d)

To discourage any use which because of its character or size would generate traffic or require municipal services substantially in excess of traffic and services that would exist if the district were developed solely for residential uses.

(Ord. No. 1996-13, §§ 1—3, 2-13-96; Ord. No. 22-051, § 35, 12-13-22; Ord. No. 25-027, § 3, 6-10-25)

The following commercial districts are hereby created to accomplish the purposes and serve the objectives indicated:

(1)

The C-1 central business district is established as the centrally located trade and commercial service area of the community and region. The regulations are designed to encourage the continued use of land for regional trade and commercial service uses, to permit a concentrated, intensive development of the permitted uses while maintaining a substantial relationship between the intensity of land use and the capacity of utilities and streets. Residential uses are also permitted. The use of this zoning classification, as is expressly provided in the title of the district itself, is limited to the central business district of the City of New Bern, and any expansion thereof which might take place. It shall not be applied to outlying commercial areas.

(2)

The C-2 commercial waterfront district is established as the district in which the principal use of land is for office and institutional, secondary retail and commercial services use, and in which the centrally located trade and commercial service uses will expand as the community's and the region's population increases. Residential uses are also permitted. The use of this zoning classification, as is expressly provided in the title of the district itself, is limited to a portion of the central business district of the City of New Bern, and any expansion thereof which might take place. It shall not be applied to outlying commercial areas.

(3)

The C-3 commercial district is established as a district for offices, personal services, and the retailing of durable and convenience goods. This district will generally be located on the city's major radial roads. Because these districts will be located on high-volume traffic arteries and will be subject to the view not only of local residents but tourists and other non-local motorists, ample off-street parking, controlled traffic movement, and an appropriate appearance including suitable planting shall be provided.

(4)

The C-3H commercial height district is established as a district for offices, personal services, and the retailing of durable and convenience goods that require greater height allowances. This district will be found only within the boundaries of the Neuse Boulevard Commercial Corridor, the Martin Luther King Jr. Commercial Corridor and the Sign Overlay. Because these districts will be located on high-volume traffic arteries and will be subject to the view of not only local residents but tourists and other non-local motorists, ample off-street parking, controlled traffic movement, and an appropriate appearance including suitable planting shall be provided. This district will follow in all respects the dimensional, use and other requirements as might be set forth in the ordinance in the C-3 commercial district other than the height restrictions provided in section 15-189.

(5)

The C-4 neighborhood business district is established as a district in which the principal use of land is to provide for the retailing of goods and services to the nearby residential neighborhoods. The regulations of this district are designed to limit the businesses which may be established therein in order to protect the abutting residential areas.

(Ord. No. 16-047, § 47, 9-13-16)

The following office and institutional districts are hereby created to accomplish the purposes and serve the objectives indicated:

(1)

The C-5 office and institutional district is established as the district in which the principal use of the land is for residences, certain limited business and professional offices, and some institutional type uses, such as hospitals, medical offices and clinics. In establishing this zoning classification, the specific intent of this district is:

(a)

To encourage use of land for institutional and office purposes;

(b)

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, office, and institutional purposes;

(c)

To encourage the discontinuance of existing uses that would not be permitted as new uses in this district;

(d)

To encourage the development of areas which will serve as a transition zone between the more intensive business districts and less intensive residential districts provided for in this ordinance.

(2)

The C-5A office and institutional (historical) district is established as the district in which the principal use of land is for residences, certain limited businesses and professional offices, and some institutional type uses, such as museums. The C-5A office and institutional district is located solely within the city's locally designated New Bern historic district. Due to the historic residential character of the C-5A district, uses which would be conducive to utilizing existing residential structures are encouraged, including continued residential use.

In establishing this zoning classification, the specific intent of this district is:

(a)

To encourage use of the land for residential, office, and institutional purposes;

(b)

To encourage limited commercial enterprises that provide tourist amenities such as, but not limited to, gift and specialty shops, antique stores, and gourmet shops;

(c)

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

(d)

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

(e)

To encourage the development of areas which will serve as a transition zone between more intensive business districts and less intensive residential districts provided for in this ordinance.

(3)

The C-6 professional office district is established as the district in which the principal use of the land is for certain professional offices, governmental facilities, and residences. In establishing the zoning classification, the specific intent of this district is:

(a)

To encourage the use of land for office, governmental facility, and/or residential purposes;

(b)

To prohibit commercial and industrial uses of land which would generate large volumes of traffic or would interfere with the use of land for professional office, governmental facility, and residential purposes;

(c)

To encourage the discontinuance of existing uses that would not be permitted as new uses in this district;

(d)

To encourage the development of areas which will serve as a transition zone between the more intensive commercial districts and less intensive residential districts provided for in this ordinance.

The industrial districts are designed to accommodate enterprises engaged in the manufacturing, processing, creating, repairing, renovating, painting, cleaning, or assembling of goods, merchandise, or equipment. In promoting the general purposes of this ordinance, the following industrial districts are hereby created to accomplish the purposes and serve the objectives indicated:

(1)

The I-1 industrial district is established as a district in which the principal use of land is for industries which can be operated in a relatively clean and quiet manner and which will not be obnoxious to adjacent residential or business districts; warehousing and wholesaling activities with limited contact with the general public; and for certain outdoor amusement facilities which generate large volumes of automobile traffic. The regulations are designed to prohibit the use of land for heavy industry which should be properly segregated and to prohibit any other use which would substantially interfere with the development of industrial and wholesaling establishments in the district. Residential uses in this district are permitted only upon the issuance of a special use permit.

(2)

The I-2 industrial district is established as a district in which the principal use of land is for warehousing, mixed industrial, heavy industrial and heavy commercial type uses. For the I-2 industrial district, in promoting the general purposes of this ordinance, the specific intent of this district is:

(a)

To provide appropriate zoning districts for existing industrial type areas which are predominantly developed at the time of the adoption of this ordinance;

(b)

To encourage the discontinuance of existing uses that would not be permitted as new uses in this district;

(c)

To encourage the continued use of land for industrial purposes;

(d)

To discourage residential and light commercial uses of land and to prohibit any other use which would substantially interfere with the continuation of permitted uses in the district;

(e)

To encourage heavy users of municipal services, especially water and sewer service, to congregate in specific sections of the community so that the city may effectively provide services to its industries without undue expenditure of funds.

The following overlay districts are hereby established:

(1)

The New Bern local historic district is an overlay district designed to protect and conserve the city's valuable historic architectural, archaeological, and cultural environment. This historic district, which contains examples of 18th, 19th, and 20th Century architectural styles, streetscape and landscape features, and archaeological resources that communicate New Bern's pre-history, embodies important elements of the city's social, economic, and cultural history. The board of aldermen declares that the continued conservation of this district is important for the education, pleasure, and enrichment of residents of the district, and the city, county, and nation as a whole; for the purpose of fostering civic beauty; and for the purpose of stabilizing and enhancing property values throughout the district as a whole, thus contributing to the improvement of the general health and welfare of the City of New Bern and the residents of the district. The New Bern Local Historic District Ordinance is contained in its entirety in article XXI.

(2)

The commercial entranceway corridor district is an overlay district designed to visually enhance and provide for the orderly development of the city's primary connector and arterial streets which serve as "gateways" into the city. A site plan review process regulates the development of structures and sites in an effort to minimize potential problems and nuisances and encourage architecturally and aesthetically integrated development in accordance with adopted architectural and site design guidelines. The New Bern Commercial Entranceway Corridor District Ordinance is contained in its entirety in article XXII.

(3)

The New Bern waterfront district is an overlay district designed to limit the density and location of new development along the city's downtown waterfront by instituting a height restriction and minimum building setback from the established watercourse edge. The New Bern Waterfront District Ordinance is contained in its entirety in article XXIII.

(4)

Recreational/sport hunting districts are overlay districts designed to provide the sportsman with an area in which hunting and the discharge of firearms by properly licensed individuals during the hunting season, is allowed. Recreational/sport hunting districts are described in article XXIV of this ordinance.

(Ord. No. 1998-31, § 7, 5-12-98; Ord. No. 17-012, § 6, 5-9-17)

Editor's note— Ord. No. 17-012, § 6, adopted May 9, 2017, repealed § 15-140, in its entirety, and renumbered § 15-141 as § 15-140. Former § 15-140 pertained to "Planned unit developments established," and was derived from Original Code and Ord. No. 16-047, §§ 38, 48, 9-13-16.

Editor's note— Ord. No. 17-012, § 6, adopted May 9, 2017, renumbered § 15-141 as § 15-140. See editor's note at § 15-140 for more information.

(a)

There shall be a map known and designated as the zoning map, which shall show the boundaries of all zoning and overlay districts within the city's planning jurisdiction. This map shall be drawn on acetate or other durable material from which prints can be made, shall be dated, and shall be kept and maintained for public inspection in the office of the land use administrator. Copies of the zoning map may be reproduced by any method of reproduction that gives legible and permanent copies and, when certified by the city clerk in accordance with G.S. 160A-79, shall be admissible into evidence and shall have the same force and effect as would the original map.

(b)

The zoning map is the map which was adopted as a part of the zoning ordinance, which was adopted on March 5, 1968, as amended to date by ordinances adopted by the board of aldermen of the city. The latest edition of said map bears the legend:

The City
Of
New Bern
NC

Scale 1″ = 800 ft.

ZONING

The map includes a table in its upper lefthand corner, which reflects revision nos. 1—68 caused by ordinances adopted 2/8/83 through 8/1/91. Amendments to the map shall be made and posted in accordance with section 15-143 of this ordinance.

(c)

Should the zoning map be lost, destroyed, or damaged, the director of planning and inspections may have a new map drawn on acetate or other durable material from which prints can be made. No further board authorization or action is required so long as district boundaries are not changed in this process.

(Ord. No. 22-051, § 36, 12-13-22)

(a)

Amendments to the zoning map are accomplished using the same procedures that apply to other amendments to this ordinance, as set forth in article XX.

(b)

The land use administrator or his or her designee shall update the zoning map as soon as possible after amendments to it are adopted by the board of aldermen. Upon entering any such amendment on the map, the land use administrator or his or her designee shall change the date of the map to indicate its latest revision. New prints of the updated map may then be issued.

(c)

No unauthorized person may alter or modify the zoning map.

(d)

The development services department shall keep copies of superseded prints of the zoning map for historical reference. Additional copies of current and superseded zoning maps shall be kept in the development services offices.

(Ord. No. 22-051, § 37, 12-13-22)

(a)

Whenever the board of aldermen disapproves an amendment to the official zoning map, such action may not be reconsidered by the board within a twelve-month period unless the applicant clearly demonstrates that:

(1)

Circumstances affecting the property that is the subject of the application have substantially changed;

(2)

New information is available that could not with reasonable diligence have been presented at a previous hearing.

(3)

The board erred in its decision-making due to a misinterpretation of the submitted evidence.

(b)

Notwithstanding subsection (a), the board of aldermen may at any time consider a new application affecting the same property as an application previously denied. A new application is one that differs in some substantial way from the one previously considered.

Ord. No. (16-047, § 49, 9-13-16)