- 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.
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.
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:
(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)
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
(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.
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.
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.
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.
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.
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.
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.
- 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.
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.
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:
(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)
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
(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.
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.
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.
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.
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.
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.
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.