This ordinance shall be known as the "Land Development Code" or "LDC" of the city. It consists of 1) text to regulate subdivision and zoning in the corporate city limits and extraterritorial jurisdiction (ETJ), and 2) the city's official zoning map, including overlay zoning districts, as amended from time-to-time, filed in the department of development services. This LDC is adopted in accordance with the powers and duties granted by authority conferred by N.C.G.S. Ch. 160D, §§ 381 107, 109, 406, 702, 704, 705, 903, 908, as amended, relating generally to building and zoning, and including, without limitation, planning, zoning, site plan review, historic preservation and the creation of the planning board and the board of adjustment. This LDC is also adopted with the powers and duties granted in pursuance of authority conferred by N.C.G.S. Chs. 160D, §§ 801 through 808; and 1403 relating to the subdivision and platting of property. It is the intent of the city council in adopting this LDC to exercise as fully as possible all the authority granted by all the separate sections of all of those articles and to do so in a comprehensive, integrated, consistent and cohesive Code.

(Ord. No. O-2018-78, § 2, 8-13-18; Ord. No. O-2021-43, § 3, 6-14-21)

This LDC classifies and regulates the use of land, buildings and structures within the municipal planning and development regulation jurisdiction, which includes the corporate limits and the ETJ. The zoning regulations contained herein are enacted to promote the health, safety, convenience and welfare of the city's inhabitants by dividing the city into districts and regulating therein the use and size of parcels of land and the use and size of buildings and structures as to height and number of stories, the coverage of land by buildings, the size of yards and open space, density of population and location of buildings. It is the intention of the city council that the provisions of this LDC will implement the purpose and intent of the adopted comprehensive plan and other development plans of the city by encouraging the most desirable use of the land for residential, recreational, agricultural, commercial, industrial, conservation, public service, floodplain and drainage purposes, and the most desirable density of population in all parts of the city, and by encouraging the most appropriate use and occupancy of buildings, and by promoting good land use planning. The subdivision regulations establish proper legal description, monumentation and recordation of land that will facilitate identification and permanent location of real estate boundaries, while setting forth requirements for layout, design and construction improvement standards for streets, utilities and similar public facilities.

(Ord. No. O-2021-43, § 3, 6-14-21)

In addition to the purposes set out above, the city hereby establishes a bona fide farm use exemption policy. With the exception of flood regulations contained in this LDC, the LDC shall in no way regulate, restrict, prohibit or otherwise deter any bona fide farm and its related uses within the corporate limits or ETJ; except that in the case of conversion of such uses to nonagricultural or non-farm purposes, a new zoning certificate shall be procured, and the new use must comply with all regulations for the district in which it is situated. Within the corporate limits, vegetative crop production shall be exempt from the provisions of this LDC.

Except as provided in this LDC, no land shall be used and no building, structure or improvement shall be made, erected, constructed, moved, altered, enlarged or rebuilt which is designed, arranged or intended to be used or maintained for any purpose or in any manner except in accordance with the requirements established in the district in which such land, building, structure, or improvement is located, and in accordance with the provisions in this LDC relating to any or all districts.

A.

Jurisdiction. The zoning regulations of this LDC apply to all land within the corporate limits and the ETJ. The subdivision regulations of this LDC shall apply within the corporate limits of the city and within the ETJ as shown on the official zoning map of the city and may apply by agreement with any land developer who desires water, sewer, electric, or gas utility service from the city for any development outside the city's corporate limits and extraterritorial zoning jurisdiction in accordance with the city's administrative policy manual.

B.

Official zoning map, locations and boundaries of districts. The official zoning maps entitled "Official Zoning Map of the City of Rocky Mount and the Surrounding Areas," also known as the zoning map, dated January 1, 1976, as amended from time to time to include any additional areas which may become a part of the city's zoning jurisdiction is hereby made a part of this LDC. The locations and boundaries of each of the zoning districts shall be shown on the map or maps of this LDC and are made a part hereof entitled the zoning map. The zoning map, and all the notations, references and amendments thereto and other information shown, are hereby made a part of this LDC. The zoning map shall be kept on file in the office of the department of development services and city clerk's office and shall be available for inspection by the public. The provisions of this LDC governing within each type of district the use of land and buildings, height of buildings, building site areas, sizes of yards around buildings and other matters as are hereinafter set forth are hereby established and declared to be in effect upon all land included within the boundaries of each and every district as shown upon said map. Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the zoning map, the following rules shall apply:

1.

Where district boundaries are indicated as approximately following street lines, alley lines, lot lines or such lines extended, these lines shall be construed to be such boundaries.

2.

Where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions on the zoning map, shall be one hundred fifty (150) feet from the nearest street which it parallels.

3.

Where lots are split by multiple jurisdictional boundary lines, the jurisdictions involved shall have the authority to determine which jurisdiction will have authority.

In case any further uncertainty exists, the board of adjustment shall interpret the intent of the zoning map as to the location of the district boundaries.

(Ord. No. O-2018-78, § 2, 8-13-18; Ord. No. O-2021-43, § 3, 6-14-21)

In the interpretation and application of this LDC, all provisions shall be:

1.

Considered as minimum requirements;

2.

Deemed neither to limit nor repeal any other powers granted under N.C.G.S.

This LDC shall become effective July 12, 2004 as adopted by city council.

(Ord. No. O-2005-34b, § 1(Att. A), 5-9-05)

A.

Conflict with state or federal regulations. If the provisions of this LDC are inconsistent with those of the state or federal government, the more restrictive provision shall control, to the extent permitted by law.

B.

Conflict with other city regulations. If the provisions of this LDC are inconsistent with one another, or if they conflict with a provision found in other adopted LDC or regulations of the city, the more restrictive provision shall control without intervention by the city.

C.

Conflict with private restrictions. It is not the intent of the LDC to interfere, abrogate or annul any lawful easement, covenant, deed restriction or other agreement between private parties. If the provisions of this LDC impose a greater restriction than imposed by a private agreement, the provisions of the LDC shall control and be enforced by the city. Where the provisions of a private agreement impose a greater restriction than this LDC, the provisions of the private agreement shall control as provided and shall be enforced only by private actions of such private parties with no intervention by the city.

A.

Violations continue. Any violation of the previously adopted zoning or subdivision regulations of the city shall continue to be a violation under this LDC and be subject to penalties and enforcement under chapter 12, unless the use, construction or activity complies with the provisions of this LDC.

B.

Nonconformities under previous regulations. Any nonconformity under the previous zoning regulations of the city will also be a nonconformity under this LDC, as long as the situation that resulted in the nonconforming status under the previous regulations continues to exist. If, however, a nonconforming situation under the previous regulations becomes conforming because of the adoption of this LDC, or any subsequent amendment to it, then the situation will no longer be nonconforming. Furthermore, if any change is made to a nonconformity which creates a violation to the regulations of this LDC, the situation will be subject to the penalties and enforcement of this LDC.

C.

Permit issued before effective date. Any building or development for which an application has been issued or is pending approval before the effective date of this LDC may be completed in conformance with the issued permit and all applicable permits, regulations and conditions, even if such building or development does not fully comply with provisions of this LDC. If an application made in accordance with local regulation is submitted for a development approval and the development regulation changes between the time the application was submitted and a decision is made, the applicant may choose which version of the development regulation will apply to the application.

D.

Plat approved before effective date.

1.

Any lot shown on any recorded, fully improved and completed subdivision plat approved by the city under any prior subdivision ordinance shall be deemed to be fully conforming to the subdivision requirements of this LDC as to lot area and access.

2.

Any parcel other than a lot described under subsection D.1. above that meets both of the following criteria shall be deemed fully conforming with this LDC as to lot area and access:

a.

The parcel consists of all or part of one (1) or more lots shown on a subdivision plat approved by the city under any prior subdivision ordinance; and

b.

The parcel conformed to the zoning ordinance at the time that it was created or, prior to issuance of a building permit, such lot will conform to the requirements of this LDC as to lot size, roadway and street surface standards and provisions for water and sewer services.

3.

Any subdivision for which a preliminary or final plat was approved by the planning board before the effective date of this LDC may be completed according to the approved plat and other applicable permits and conditions which were in effect at the time of approval.

4.

If the prior approved subdivision is not completed within the time requirements established by prior regulations or within any schedule included in the approval of the plat, then the subdivision may be completed only in compliance with this LDC.

E.

PUD approval before effective date. Any PUD for which the city council has approved a development plan is considered legal, and shall continue to be governed by the specific regulations and development plan previously adopted by the planning board and city council. Any amendments, revisions or changes to a previously adopted PUD shall comply with PDR district provisions of this LDC.

_____

F.

Zoning district conversion. Zoning districts existing before the effective date of this LDC are hereby converted and revised as follows:

Table 2-1. Zoning District Conversion

(Ord. No. O-2005-34b, § 1(Att. A), 5-9-05; Ord. No. O-2021-43, § 3, 6-14-21)

In case any portion of this LDC shall be held to be invalid or unconstitutional, the remainder of the LDC shall not thereby be invalid, but shall remain in full force and effect.