Zoneomics Logo
search icon

Smithfield City Zoning Code

ARTICLE 6

- ZONING DISTRICTS

Sec. 6.1.- Establishment of Zoning Districts.

In accordance with the requirements of G.S. § 160D-703 that zoning regulation is by districts, the Town of Smithfield, as shown on the Zoning Map, is hereby divided into districts which shall be governed by all of the uniform use and dimensional requirements of this ordinance. In the creation of the respective districts, careful consideration is given to the peculiar suitability of each and every district for the particular regulations applied thereto, and the necessary, proper, and comprehensive groupings and arrangements of various uses and densities of population in accordance with a well-considered comprehensive plan for the physical development of the area.

The purposes of establishing the zoning districts are:

• To implement adopted plans;

• To promote public health, safety, and general welfare;

• To provide for orderly growth and development;

• To provide for the efficient use of resources;

• To facilitate the adequate provision of services.

Sec. 6.2. - Interpretation.

Zoning districts have uses specified as permitted by right, special uses, and uses permitted with supplemental regulations. Detailed use tables are provided in Section 6.6 showing the uses allowed in each district. The following describes the processes of each of the categories that the uses are subject to:

• Permitted by Right (P): Administrative review and approval subject to district provisions and other applicable requirements only.

• Permitted with Supplemental Regulations (PS): Administrative review and approval subject to district provisions, other applicable requirements, and supplemental regulations outlined in Article 7.

• Special Uses (S): Town Council review and approval of special use permit subject to district provisions, other applicable requirements, and conditions of approval as specified in Section 4.9. Some special uses may also be subject to supplemental regulations outlined in Article 7.

• Special Uses with Supplemental Regualtions (SS): Some special uses may also be subject to supplemental regualtios outlined in Article 7.

• Uses Not Permitted: Uses not marked with a P, PS, S, or SS are not permitted.

Editor's note— Some portions of section 6.2 have been amended for clarification purposes per the city planning director on Sept. 19, 2023.

Sec. 6.3. - Primary Zoning Districts.

For the purposes of this ordinance, the Town of Smithfield, North Carolina, and its extraterritorial jurisdiction, is hereby divided into the following primary zoning districts:


Sec. 6.6. - Tables of Uses and Activities—Primary Zoning Districts.

Primary Zoning Districts
Uses R-20A R-10 R-8 R-6 R-MH O/I B-1 B-2 B-3 LI
(Sect. 7.2)
HI
(Sect. 7.2)
AHH Supplemental Regulations
ACCESSORY USES
Accessory Dwelling Unit (ADU) PS Section 7.3
Accessory structures/buildings PS PS PS PS PS PS PS PS PS PS PS Section 7.3
Accessory uses incidental to any permitted use P P P P P P P P P P P
Child care center (as an accessory use for a principal business) PS PS PS PS PS PS Section 7.4.1
Customary home occupations PS PS PS PS PS PS PS PS Section 7.7
Columbarium accessory to places of worship SS SS SS SS PS SS SS SS Section 7.46
Dwelling in principal business as an accessory use PS PS Section 7.5
Granny pods/temporary health care structures PS PS PS PS PS PS Section 7.6
Mobile food vending cart PS PS PS PS PS Section 7.3.2
Propane filling stations P P P P
Public or neighborhood swimming pools P P P P P P
Public or private neighborhood tennis courts P P P P P P P P P
Public or private neighborhood basketball courts P P P P P P P P P
Temporary Sale of Goods Other Than Agricultural Products. PS PS PS PS Section 7.30.
Temporary office units/modular office units PS PS PS PS PS PS PS PS PS PS PS Section 7.13
Solar energy generating facility, accessory PS PS PS PS PS PS PS PS PS PS PS Section 7.8
Temporary Uses—Special Events PS PS PS PS PS PS PS PS PS PS PS Section 7.30
Temporary storage facility (portable storage units) PS PS PS PS PS PS PS PS PS PS PS Section 7.9
Wind energy generating facility, accessory PS PS PS PS PS PS PS PS PS PS PS Section 7.10
INSTITUTIONAL
Community college S P S S S S S
Libraries P P P P
Schools, public and private S S S S S P P
Armories P
Event center PS PS Section 7.42
Governmental offices P P P P
Cemeteries S P
Churches/places of worship PS PS PS PS PS PS PS PS PS PS PS Section 7.32
Section 7.42
Club or private lodge meeting halls PS PS PS Section 7.42
Club or Bar, private S S
Community centers PS SS SS Section 7.42
Country clubs, golf courses P
Crematory, human P P
Government Public Safety (i.e., police, fire) S S S S S P P P P P P
Hospitals P P P
Public utility/Public Works storage or service yards PS P P Section 7.41
Public utility substations/switching stations PS PS PS PS PS PS PS PS PS P P Section 7.43
Pump stations PS PS PS PS PS PS PS PS PS PS PS Section 7.43
US postal services P P P P
Public water treatment P
Waste water treatment S S S S S S S S S S S
MANUFACTURING AND INDUSTRIAL
Asphalt and concrete batch plant P
Artisan's workshop (3,000 square feet or less) PS PS PS PS PS PS Section 7.11
Section 7.2
Artisan's workshop (greater than 3,000 square feet) PS Section 7.11
Section 7.2
Bakery products, candy, confectionary manufacturing P P P Section 7.2
Building materials manufacturing and storage, SS P P Section 7.41
Section 7.32
Carpet and upholstery cleaners P P P
Contractors, building (with outdoor storage) PS PS P P Section 7.41
Section 7.2
Contractors, building (no outside storage) P P P P
Heavy construction contractors, equipment sales/rental/storage PS PS Section 7.2
Data Center P P
Electric motor repair P P
Electrical and electrical machinery, equipment and supplies PS PS PS Section 7.41
Section 7.2
Food processing facilities PS Section 7.2
Section 7.12
Industrial research offices and laboratories P P
Industrial uses having a potential injurious effect on the town SS Section 7.2
Section 7.12
Lumber and wood products, sales and storage PS P P Section 7.41
Manufacturing (light) uses PS Section 7.2
Section 7.12
Manufacturing (heavy) uses PS Section 7.12
Section 7.2
Manufacturing/Processing of Paperboard containers and boxes PS Section 7.12
Section 7.2
Manufacturing of refrigeration, heating, and air conditioning machinery PS PS Section 7.12
Section 7.2
Motion picture production and distribution P P
Motor freight terminals, bus terminals PS PS Section 7.2
Section 7.12
Outlet stores accessory to industrial manufacturing establishments PS PS Section 7.14
Pharmaceutical manufacturing PS PS Section 7.2
Section 7.12
Small engine repair P P
Tanning, leather P
Textiles (Brick/ceramic/glass/finished non metallic mineral products) PS Section 7.12
Welding repair P P
OFFICES, PROFESSIONAL AND SERVICES
Clinic, medical, therapeutic P P P
Engineering, architectural, and surveying offices P P P P
Financial institutions with no drive-in P P P P
Financial institutions with drive-in PS PS Section 7.37
Office, professional P P P P
Opticians and optical goods P P P P
RECREATIONAL
Boat ramps S S S S S S S S S
Dinner theatres PS PS PS Section 7.42
Entertainment, Indoor (skating rinks, escape rooms, bowling alleys, trampoline parks, etc.) P P P
Entertainment, Outdoor (amusement parks, mini-golf, driving ranges, etc.) P P
Fairgrounds PS
Golf courses (see Country Clubs) P
Health clubs/Fitness centers P P P P P
Movie theaters PS PS PS Section 7.42
Nature observation points P P P P P P P P P
Parks and recreation areas P P P P P P P P P
Playgrounds P P P P P P P P P
Recreation buildings and facilities for residential developments P P P P P P
Video arcades P P
RESIDENTIAL
Residential Cluster development PS PS PS Section 7.34
Dwelling, single-family attached (townhomes)/multi-family/
condominiums
SS SS SS SS SS SS Section 7.35
Dwelling, single-family detached P P P P P S S
Dwelling, two family (duplex) on single lot P P S S
Licensable Facilities:
 Adult care home
S S S
 Family care home PS PS PS PS PS PS Section 7.16
 Family child care home PS PS PS PS PS PS Section 7.4.2
 Family foster home S S S S
 Multi-unit assisted housing with services SS SS Section 7.35
 Small child care center PS PS PS Section 7.4.2
Loft and studio apartments PS PS PS Section 7.5
Manufactured home, Class A on individual lot PS PS Section 7.17
Manufactured home, Class B on individual lot PS PS Section 7.17
Manufactured home park SS Section 7.18
Recreational vehicle parks PS Section 7.33
Temporary emergency, construction, and repair residences PS PS PS PS PS Section 7.19
Tiny houses PS PS PS PS Section 7.20
RETAIL SALES AND SERVICES
ABC Stores, State sponsored P P
Adult and sexually oriented businesses PS Section 7.21
Animal hospitals/veterinarians PS PS PS Section 7.36
Antique shops P P P
Appliance and other large durable goods sales P P
Art galleries P P P P
Automobile, motorcycle and truck dealers/brokers PS PS Section 7.44
Automobile parts and supply sales P P
Automobile repair PS PS Section 7.38
Section 7.44
Automobile Painting and Body Shops PS PS PS Section 7.38
Section 7.44
Automobile service stations; gas pumping stations PS PS Section 7.22
Bakery P P P
Barber or beauty shops (personal service establishments) P P P P
Battery charging station PS PS PS PS PS PS Section 7.23
Battery exchange station PS PS PS PS PS PS Section 7.23
Bed and breakfast PS PS PS PS PS PS PS PS Section 7.15
Boat sales and service PS PS Section 7.44
Section 7.41
Car washes PS PS Section 7.39
Carpet and rug dealers P P P
Catering establishments P P P
Commercial animal kennels/boarding facilities, including accessory grooming (indoor facilities only) SS PS PS Section 7.45
Commercial animal kennels/boarding facilities, outdoor kennels PS PS Section 7.45
Commercial office condominiums P P P
Convenience stores P P P
Convenience stores with gas pumps PS PS Section 7.22
Distilleries PS PS PS PS Section 7.24
Drug stores PS PS PS Section 7.37
Exterminating services (Amended 7/7/20 ZA-20-01) S S P P
Farmer's market P P P Section 7.30.5
Flea markets/vendor markets SS Section 4.27
Floral and gift shops P P P P
Food stores P P P
Food trucks (Amended 7/9/19) PS PS PS PS Section 7.25
Funeral homes P P
Furniture and fixtures sales P P P
Glass and mirror repair sales P P
Hardware/Home improvement stores with outdoor sales yard PS Section 7.41
Section 7.30.2
Hardware/Home improvement stores P P P Section 7.30.2
Kennels, private PS Section 7.45
Laundry and dry cleaning establishments with drive-in windows PS PS Section 7.37
Laundry and dry cleaning establishments without drive-in windows P P P
Lawn and garden stores PS PS Section 7.41
Section 7.30.4
Licensable Facilities: Adult day care center S S S
Child care center (11/6/18) PS PS PS PS Section 7.4.1
Nursing homes P P
Locksmith, gunsmith P P P
Microbrewery PS PS Section 7.24
Motels/hotels P P P
Movers, van lines, and storage PS Section 7.2
Section 7.41
Museums P P P P
Package delivery services, commercial P P
Parking lots, commercial as principal use S S S S P P
Parking structures and underground parking garages, commercial S S S S P P
Pawnshop or used merchandise store P P P
Plant nurseries and greenhouses PS PS
Printing and publishing P P P P
Radio and television broadcasting studios P P P P P P
Repair shops (radio, television, small appliances, shoes, etc.) P P P
Restaurants (Amended 3/6/2018) P P P P
Restaurants with drive-in PS PS Section 7.37
Restaurants and cafeterias primarily for employees, patients, or students located in same building as another use and having no outside advertising or drive-in facilities P P P P P P
Retail businesses P P P
Shopping center, major S S
Shopping center, minor P P
Signs P P P P P P P P P P P Article 10, Part III
Street vendors PS Section 7.27
Section 7.3.2
Tattoo and body piercing establishments S S
Tire dealers and service PS PS Section 7.41
Section 7.44
Temporary sale of locally grown agricultural products grown off-site PS PS Section 7.30
Upholstery shops P P
TRANSPORTATION
Airport P
Bus stations P P
Taxi stands limited to 5 taxis P P
Tool, car, truck rental PS PS PS PS Section 7.44
Section 7.41
Towing services P P Section 7.44
WHOLESALE SALES AND WAREHOUSING
Boat storage PS P Section 7.41
Fruit and vegetable markets, wholesale P P P
Junkyards, Salvage yards, recycling of metal and other materials P
Outdoor sales, service, or storage areas as principal use P P Section 7.2
Section 7.12
Warehousing uses, including mini-storage PS PS PS Section 7.40
Section 7.32
Wholesale merchants P P P P
Wholesale storage of gasoline, chemical or bulk terminal plants S
OTHER USES
Agricultural and forestry P
Bona fide farms and their customary appurtenances PS PS PS PS PS PS PS PS PS PS PS Section 7.28
Solar farms SS SS SS Section 7.29
Telecommunication facilities (not subject to administrative approval (10.86.2) S S S S S S S S S S S S Article 10, Part VIII
Temporary office units PS PS PS PS PS PS PS PS PS PS PS SS Section 7.13
Wind farms SS SS SS Section 7.31

 

(Ord. No. ZA-22-05, pt. 1, 2-7-23; Ord. No. ZA-23-04, pt. 1, 5-2-23; Ord. No. ZA-24-02, pt. 1, 8-13-24)

6.3.1. - R-20A Residential-Agricultural District.

The purpose of this district is to provide for areas where the principal use of land is for low density residential and agricultural purposes. The regulations of this district are intended to protect the agricultural sections of the community from an influx of uses likely to render them undesirable for farms and future residential development.

6.3.2. - R-10 Single-Family Residential District.

The purpose of this district is to provide areas for conventional single-family neighborhoods. The regulations of this district are intended to discourage any use which, because of its character, would substantially interfere with the development of residences and which would be detrimental to the quiet residential nature of the areas included within this district.

6.3.3. - R-8 Single-, Two-, and Multi-Family Residential District.

The purpose of this district is to provide areas where a mixture of housing types are allowed, some as permitted and others as special uses, with proper review, site planning, and design controls.

6.3.4. - R-6 High Density Single-, Two-, and Multi-Family Residential District.

The purpose of this district is to provide for older areas which have developed with a mixture of housing types at fairly high densities. Except in unusual circumstances, it will not be used in new areas, and additional property will not be considered for rezoning to this district.

6.3.5. - R-MH Manufactured Home Residential District.

The purpose of this district is to provide areas in which the principal uses of land are single-family dwellings and manufactured homes on individual lots

6.3.6. - O/I Office/Institutional District.

A district designed for office/institutional uses at low to moderate densities and multi-family housing. This district should be used as a transitional zone between areas of conflicting land uses.

6.3.7. - B-1 Central Business District.

The purpose of this district is to provide for those uses which can provide and contribute to a strong retail and service core for downtown Smithfield.

6.3.8. - B-2 General Business District.

The purpose of this district is to provide for those business areas adjacent to the downtown core as well as other intensive and extensive business areas in Smithfield.

6.3.9. - B-3 Highway Entranceway Business District.

The purpose of this district is to allow commercial uses with proper regulations and safeguards to promote the safe and efficient movement of traffic, and the orderly development of land along major arteries leading into town, while enhancing and preserving the environmental and aesthetic qualities of these areas. The proper location and development of the uses along these corridors will contribute to and enhance trade, tourism, capital investment, and the general welfare.

6.3.10. - LI Light Industrial District.

The purpose of this district is to accommodate wholesale and warehousing uses as well as those industrial uses that include fabrication, manufacturing, assembly or processing of materials that are in refined form and that do not in their transformation create smoke, gas, odor, dust, noise, vibration of earth, soot or lighting to a degree that is offensive or cause adverse effects for the area or adjacent uses.

6.3.11. - HI Heavy Industrial District.

The purpose of this district is to accommodate the development and operation of industrial, distribution, and manufacturing uses which, by nature of their intensity, may be incompatible with other types of land uses. Permitted uses in the HI zone may be more intensive than those allowable in the LI Zoning District.

6.4.1. - Conditional Zoning Districts (CZ).

Conditional Zoning (CZ) Districts are hereby established bearing the designation "CZ" to correspond with each of the general use zoning districts. The uses permitted in a Conditional Zoning (CZ) District are, except as limited by the conditions imposed on the district, of the same character or type as the use or uses permitted in the corresponding general use district set forth in Section 6.6.

Conditional zoning is a negotiated approach to a legislative decision allows flexibility to tailor regulations to a particular site and project. Conditional Zoning Districts are zoning districts in which all of the site specific standards and conditions are incorporated into the zoning district regulations. Individual conditions and site-specific standards that can be imposed are limited to those needed to bring a project into compliance with town ordinances and adopted plans and those addressing the impacts reasonably expected to be generated by use of the site. Conditional zoning may only occur at the owner's request and cannot be imposed without the owner's agreement. Some flexibility can be granted, deviating from the standards in the corresponding general zoning district and supplemental standards with the rezoning (such as lot sizes and setbacks), however, these should be carefully considered and should correspond to other town objectives. With an approval of a conditional zoning application, an ordinance is adopted authorizing the requested use with such reasonable conditions as are mutually approved by the applicant and Town Council and determined to be desirable in promoting public health, safety and general welfare, or to mitigate impacts reasonably expected to be generated by use of the site. A Conditional Zoning (CZ) District allows particular uses to be established only in accordance with conditions pertaining to each individual development project. All site-specific conditions must be consistent with the objectives of these regulations, the adopted comprehensive land use plan and area plans. With the approval, the town must assure that all of the factors defining reasonable spot zoning are fully considered and that the public hearing record reflects that consideration.

6.4.2. - Planned Unit Development Conditional Zoning District (PUD).

(Amended 3/6/2018) The PUD District allows a large site to be developed with a mixture of land uses according to an approved overall site plan. For example, a large tract may be developed with a mix of single-family and multi-family housing, with part of the site also devoted to commercial and office uses. The PUD District allows for greater flexibility in dimensional standards than general use district zoning, or other conditional district zoning (such as lot sizes and setbacks) upon approval of an overall master plan for the entire development. The PUD conditional zoning standards are not specifically tied to any single general use district, and does not require a rigid separation of different land uses. Streets within a PUD Conditional Zoning District shall comply with 10.110.19. Uses are limited to the uses identified in the mixed use site development plan along with all site specific standards, and conditions. With an approval of a PUD conditional zoning application, an ordinance authorizing the requested use with such reasonable conditions as are mutually approved by the applicant and Town Council and determined to be desirable in promoting public health, safety and general welfare, or to mitigate impacts reasonably expected to be generated by use of the site. A PUD District shall not be less than five (5) acres in area and are permitted only in areas guided as mixed use centers on the adopted comprehensive land use plan map.

6.5.1. - RHO Rowhouse Overlay District.

A district established to provide development standards for high density single-family residential areas which are in addition to those provided by the underlying zoning districts established by the Unified Development Ordinance.

6.5.2. - ECO Entry Corridor Overlay District.

A district established to provide development standards for particular roadway corridor areas which are in addition to those provided by the other zoning districts established by the Unified Development Ordinance.

6.5.3. - WS-IV-CA Critical Area Overlay District.

A district established to regulate development and land use in a manner which will limit exposure of water supply watersheds to pollution. The regulations applicable in this district are established under Section 10.92 of this ordinance.

6.5.4. - WS-IV-PA Protected Area Overlay District.

A district established to regulate development and land use in a manner which will limit exposure of water supply watersheds to pollution. The regulations applicable in this district are established under Section 10.92 of this ordinance.

6.5.5. - AHH Airport Height Hazard Overlay District.

The purpose of this district is to ensure the appropriate location, design, construction, and maintenance of land uses compatible with air transportation facilities. The applicable regulations are established under Section 10.95 of this ordinance.

6.5.6. - HO Historic Overlay District.

The purpose of this district is to preserve the historical, prehistoric, architectural or cultural importance of historic properties, by regulation design, setting, workmanship, materials, feeling and/or association of such properties. Uses allowed within the Historic Overlay District are shall be in accordance Table 6.6 for uses allowed in the B-1 Central Business District. Any alteration, restoration, erection, demolition or moving of a building or structure within the Historic Overly District requires a certificate of appropriateness is issued by the Historic Preservation Commission; or under special circumstances, its staff person in accordance with Article 3, Section 3.5 of this UDO.