Zebulon City Zoning Code
ARTICLE 1
GENERAL PROVISIONS
1.1. TITLE
This Ordinance is officially titled as the "Town of Zebulon, North Carolina Unified Development Ordinance," and may be referred to as "the Unified Development Ordinance," "this Ordinance," or by one or more other abbreviated references ("the UDO," "this UDO," or "UDO").
(Ord. 2020-36, passed 12-2-2019)
1.2. EFFECTIVE DATE
This Ordinance shall be in full force and effect on January 1, 2020, and it repeals and replaces the Town of Zebulon Land Use Ordinance, as originally adopted on September 8, 1992, and as subsequently amended.
(Ord. 2020-36, passed 12-2-2019)
1.11. ZONING DISTRICT TRANSLATION
On January 1, 2020, land zoned with a zoning district classification from the previous Land Use Ordinance shall be translated or reclassified to one of the zoning district classifications in this Ordinance as set forth in Section 3.1.3, Zoning Districts Established. Table 1.11, Zoning District Translation, summarizes the translation or reclassification of the zoning districts used in the previous ordinance to the zoning districts used in this Ordinance. (For example, the table shows that all lands classified as Residential-30 (R-30) in the previous ordinance (under the column titled "Districts in the Former Land Use Ordinance") are now classified Residential Suburban (R2) in this Ordinance (under the column titled "Districts in this UDO")).
Districts in the Former Land Use Ordinance | Districts in this UDO [1] | ||
Districts in the Former Land Use Ordinance | Districts in this UDO [1] | ||
Residential Districts | |||
R-80W | Residential – 80W | R1 | Residential Watershed |
R-40W | Residential – 40W | ||
R-30 | Residential – 30 | R2 | Residential Suburban |
R-20 | Residential – 20 | ||
R-13 | Residential – 13 | R4 | Residential Neighborhood |
R-10 | Residential - 10 | ||
R-8 | Residential – 8 | R6 | Residential Urban |
RMF | Residential Multi-Family | RMF | Residential Multi-Family |
RMF SUD | Residential Multi-Family Special Use District | ||
RMH | Residential Mobile Home (30, 20, 13, 10, 8) | [DELETE] [2] | |
Commercial Districts | |||
NC | Neighborhood Commercial [NEW] | ||
GB | General Business | GC | General Commercial |
HB | Heavy Business | HC | Heavy Commercial |
HB SUD | Heavy Business Special Use District | ||
IL | Light Industrial | LI | Light Industrial |
CI | Campus Industrial [NEW] | ||
Table 1.11: Zoning District Translation
| |||
Districts in the Former Land Use Ordinance | Districts in this UDO [1] | ||
Table 1.11: Zoning District Translation
| |||
Districts in the Former Land Use Ordinance | Districts in this UDO [1] | ||
IH | Heavy Industrial | HI | Heavy Industrial |
IH SUD | Heavy Industrial Special Use District | ||
Mixed Use Districts | |||
TR | Transitional Residential | OI | Office and Institutional |
TR SUD | Transitional Residential Special Use District | ||
MA | Medical Arts | ||
CB | Central Business | DTP | Downtown Periphery |
DTC | Downtown Core | ||
PD | Planned Development [NEW] | ||
Special Use Districts | |||
R-13 SUD | Residential – 13 Special Use District | R-13 SUD | Residential – 13 Special Use District |
CA SUD | Commercial Amusement Special Use District | CA SUD | Commercial Amusement Special Use District |
NOTES: [1] This table does not list the parallel conditional zoning districts established in Section 3.1.3, Zoning Districts Established. [2] Land within a RMH district shall be translated into the appropriate residential district and included within the proposed Manufactured Housing Overlay (MHO) District. | |||
(Ord. 2020-36, passed 12-2-2019)
1.12. SEVERABILITY
If any section, subsection, illustration, sentence, boundary, clause, or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, the BOC hereby declares that it would have passed this Ordinance and any section, subsection, illustration, sentence, boundary, clause, and phrase thereof, irrespective of the fact that some portion of this Ordinance may be declared invalid.
(Ord. 2020-36, passed 12-2-2019)
1.3.1. General Assembly
The authority granted to the Town of Zebulon by the General Assembly of the State of North Carolina.
(Ord. 2020-36, passed 12-2-2019)
1.3.2. North Carolina General Statutes
The North Carolina General Statutes, including:
A. Chapter 160A, Article 8 (Police Powers);
B. Chapter 160A, Article 15 (Streets, Traffic, and Parking);
C. Chapter 160D (Planning and Regulation of Development);
D. Chapter 143, Article 21 (Water and Air Resources); and
E. Chapter 113A, Article 4 (Sedimentation and Pollution Control).
(Ord. 2020-36, passed 12-2-2019; Ord. 2021-65, passed 5-3-2021)
1.3.3. Town Charter
The Zebulon Town Charter.
(Ord. 2020-36, passed 12-2-2019)
1.3.4. Other Relevant Laws
A. All other relevant laws of the State of North Carolina; and
B. Any special legislation for the Town of Zebulon enacted by the North Carolina General Assembly.
(Ord. 2020-36, passed 12-2-2019)
1.4.1. Keep Town Residents and Visitors Safe
A. The UDO is intended to protect the health and safety of all Town residents and visitors by ensuring the provision of adequate open space between uses for light, air, and fire safety.
B. The UDO seeks to require appropriate setbacks for buildings and other structures to facilitate the safe movement of vehicular and pedestrian traffic, ensure the provision of adequate fire lanes, and maintenance of an adequate distance between residential uses and the dust, noise, and fumes created by vehicular traffic.
C. The UDO also seeks to secure the safety of landowners and residents from flooding, fire, seismic activity, and dangers presented from extreme weather events, to the extent possible.
(Ord. 2020-36, passed 12-2-2019)
1.4.2. Foster a Convenient, Compatible Arrangement of Land Uses
A. The UDO is intended to establish a compact and convenient arrangement of land uses across the landscape in ways that promote orderly growth and compatibility between different kinds of land uses like residential, commercial, mixed-use, and agriculture.
B. The UDO strives to produce a sustainable balance of land uses (residential, commercial, industrial, etc.) in order to assist with the fiscal wellbeing of the Town and to ensure a diverse tax base.
C. The UDO seeks to promote redevelopment of underutilized sites served by public infrastructure while at the same time protecting existing established development and neighborhoods from incompatible infill and redevelopment.
(Ord. 2020-36, passed 12-2-2019)
1.4.3. Protect the Natural Environment
A. The UDO intends to protect air and water quality, preserve open space, protect natural resource areas (like wetlands and riparian areas), and preserve a sufficient amount of wildlife habitat.
B. The UDO promotes sustainable development practices, like energy conservation, low-impact development, and alternative modes of transportation that do not contribute to the formation of greenhouse gases.
(Ord. 2020-36, passed 12-2-2019)
1.4.4. Ensure Properly Functioning Infrastructure
A. The UDO seeks to ensure sufficient and adequately functioning infrastructure, including transportation, potable water, wastewater, recreation, stormwater management, and communications through standards requiring dedication of sufficient land for such facilities, and requirements to construct or make payment in-lieu of constructing required infrastructure.
B. The UDO seeks to improve Town-wide and regional connectivity for vehicles, pedestrians, and bicyclists through new extension and connection provisions for greenways, trails, bicycle lanes, sidewalks, and streets.
C. The UDO seeks to coordinate the development of streets with other public facilities so as to better manage and lessen congestion in the streets as well as provisions that ensure the construction of necessary community service facilities.
(Ord. 2020-36, passed 12-2-2019)
1.4.5. Establish a Unique Sense of Place
The UDO promotes the Town's unique "sense of place" in eastern Wake County by promoting revitalization of the downtown and surrounding areas, encouraging the establishment of new greenways, and establishing new requirements for open space set-asides.
(Ord. 2020-36, passed 12-2-2019)
1.4.6. Promote a Strong and Diverse Economy
The UDO emphasizes high-quality, aesthetically-appealing development and site features as a means of attracting and retaining talent and promoting the Town's economic competitiveness.
(Ord. 2020-36, passed 12-2-2019)
1.4.7. Provide Adequate and Desirable Housing
A. The UDO encourages urban densities in appropriate locations such as downtown while also providing for a wider variety of housing types, sizes, and standards of quality in order to meet changing housing preferences and housing challenges facing Town residents.
B. The UDO also intends to preserve established neighborhood character and ensure that infill development and redevelopment maintain compatibility with established residential surroundings.
(Ord. 2020-36, passed 12-2-2019)
1.5.1. Territorial Jurisdiction
This Ordinance shall apply to any development that occurs within the corporate limits and extraterritorial jurisdiction (ETJ) of the Town of Zebulon, unless expressly provided otherwise by the terms of this Ordinance. When referenced together, the land area within the corporate limits and the ETJ shall be referred to as the Town's "planning jurisdiction."
(Ord. 2020-36, passed 12-2-2019)
1.5.2. Development Subject to this Ordinance
Except as otherwise provided in writing elsewhere in this Ordinance (e.g., Section 1.5.3, Activities Exempted from this Ordinance), any of the following activities shall be subject to the requirements in this Ordinance:
A. Any Construction. Any construction, reconstruction, erection, installation, placement, relocation, renovation, remodeling, demolition, or alteration in the size of a building or other structure on land.
B. New Uses or Changes in Use. The establishment of a new use of land or structure, a new open-air use of land, or any change in such use.
C. Changes in Intensity. Any change in the intensity of the use of land or a structure, such as:
1. An increase in the number of businesses, establishments, offices, dwelling units, or lodging units comprising the use;
2. An increase in the number of off-street parking spaces provided by the use;
3. An increase in the volume or characteristics of vehicular traffic generated by the use;
4. An increase in noise levels, thermal conditions, or emissions of waste materials associated with the use;
5. An increase in the minimum landscaping, screening, or buffering requirements associated with the use;
6. An increase in the number of off-street parking spaces;
7. An increase in the number of signs, sign face area, or sign height; or
8. An increase in the duration of a temporary or seasonal use.
D. Changes in Impervious Surface. Any land-disturbing activity that increases or changes the amount of impervious or partially impervious cover or that otherwise decreases the infiltration of precipitation or surface water runoff into the soil.
E. Alteration of Topography. An alteration of the natural topography of land, such as mining, grading, ditching, extracting earth materials, dredging, excavation, filling, or deposition of soil.
F. Removal of Required Vegetation. The removal of required vegetative cover, such as site clearing or the removal of protected existing trees.
G. Alteration of Watercourse. Any alteration of the channel, bank, shore, floodway, or floodplain of a watercourse, body of water, or wetland.
H. Division of Land. Any division of a parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) except where exempted by State law, and any division of land involving dedication of a new street or a change in existing streets.
(Ord. 2020-36, passed 12-2-2019)
1.5.3. Activities Exempted from this Ordinance
The following activities do not constitute development subject to this Ordinance, but may be subject to other provisions in the Town Code of Ordinances:
A. Inspection. The inspection, maintenance, or repair of an existing transportation facility (e.g., roadway, walkway, trail, railroad tracks, traffic control device, etc.) or an existing utility, stormwater management device, or public service facility (pipe, cable, valve, catch basin, outlet, ditch, basin, bulk refuse container pad, etc.), if no substantial engineering redesign is involved;
B. Maintenance. The ordinary maintenance and repair of existing structures, where no activities identified in Section 1.5.2, Development Subject to this Ordinance, or subject to State Building Code(s) requirements are involved;
C. Planting. The ordinary planting or maintenance of vegetative landscaping or gardens not otherwise required by this Ordinance;
D. Change in Ownership. A change in the ownership or form of ownership of any parcel or structure;
E. Changes in Title. The creation or termination of easements, covenants, condominium titles, or other rights in land or development, where no street right-of-way dedication in involved; or
F. Exempt Division of Land. Any division of land proposed as one of the activities specially listed as excluded from the definition of "subdivision" in Section 9.4, Definitions.
(Ord. 2020-36, passed 12-2-2019)
1.5.4. Application to Governmental Units
To the extent allowed by law, this Ordinance shall apply to any development by Town, county, state, or federal agencies within the Town's planning jurisdiction, and any land, buildings, and structures—including uses thereof—owned or otherwise controlled by such agencies. Where this Ordinance does not control the development of land, buildings, and structures, such agencies are encouraged to meet the provisions of this Ordinance.
(Ord. 2020-36, passed 12-2-2019)
1.5.5. Emergency Exemptions
The Town Manager may, without any otherwise required prior notice or public hearing, authorize Town agencies to deviate from the provisions of this Ordinance during and after an emergency (such as a hurricane or other storm, flooding, chemical spill or leak) when the need to act quickly to secure the public health, safety, or welfare makes it impossible to submit to the normal procedures and requirements of this Ordinance.
(Ord. 2020-36, passed 12-2-2019)
1.5.6. Minimum Requirements
In the application of this Ordinance, all provisions shall be considered as minimum requirements and shall not be deemed to limit or repeal any other powers or authority granted to the Town under the North Carolina General Statutes.
(Ord. 2020-36, passed 12-2-2019)
1.5.7. Utility Allocation Policy
In order to preserve and enhance property values, manage its limited water supply as a vital natural resource, promote economic development, and incentivize smart growth practices, the allocation of Zebulon’s potable water and sanitary capacity shall adhere to an approved Utility Allocation Policy for the following development processes:
A. Site Plan for development of non-residential site (new or redevelopment);
B. Site Plan for residential development consisting of three or more dwellings;
C. Conditional Rezoning requests;
D. Planned Development requests;
E. Special Land Use requests;
F. Major Subdivision requests.
(Ord. 2022-42, passed 6-6-2022; Ord. 2023-05, passed 8-9-2022)
1.6.1. Policy Guidance Identified
The administration, enforcement, and amendment of this Ordinance shall be accomplished in accordance with the Town's adopted policy guidance. This includes the Comprehensive Plan and all other Town-adopted policy guidance pertaining to land use and development.
(Ord. 2020-36, passed 12-2-2019)
1.6.2. Conformance
A. Advisory. Adopted policy guidance is advisory in nature and does not carry the effect of law. Except as provided in G.S. §§ 160D-605, consistency with adopted policy guidance shall not be a requirement for the continuing validity of any provision of this Ordinance.
B. Consistency.
1. This Ordinance is intended to promote development that is consistent with the goals, objectives, policies, strategies, and actions contained in the Town's adopted policy guidance.
2. Consistency between a decision made under this Ordinance and the Town's adopted policy guidance is desirable, but is not a legal requirement.
3. Decisions on applications for amendments to the text of this Ordinance or to the Official Zoning Map shall be accompanied by a statement of consistency recognizing if the proposed decision is or is not consistent with the Town's adopted policy guidance in accordance with G.S. § 160D-605.
C. Amendment Upon Inconsistency.
1. To the extent this Ordinance is or becomes inconsistent with the Town's adopted policy guidance, either this Ordinance or the adopted policy guidance, as appropriate, should be amended to retain consistency.
2. All amendments to this Ordinance's text or to the Official Zoning Map should maintain and enhance consistency between this Ordinance and adopted policy guidance.
3. The Board of Commissioners may, as part of the approval of an amendment to the text of this Ordinance or the Official Zoning Map, declare that the Town's adopted policy guidance is also amended for consistency with the approved amendment.
(Ord. 2020-36, passed 12-2-19; Ord. 2021-65, passed 5-3-2021)
1.7.2. Material in the Procedures Manual is supplemental and is not intended to replace any of the standards or requirements of this Ordinance or other regulatory document. In the event of a conflict between the Procedures Manual and other adopted ordinance of the Town, the adopted ordinance shall control.
(Ord. 2020-36, passed 12-2-2019)
1.8.1. Review of Private Agreements
A. The Town may review and comment on private agreements, when necessary, including, but not limited to: the establishment and operation of an owners' association; maintenance of private infrastructure held in common by an owners' association; maintenance and operation of off-street parking agreements; easements in favor of the Town; or access easements in favor of the general public.
B. The Town is not responsible for monitoring or enforcing private agreements, covenants, or deed restrictions between individuals or members of an owners' association.
(Ord. 2020-36, passed 12-2-2019)
1.8.2. Existing Agreements or Vested Rights
Nothing in this Ordinance is intended to repeal, supersede, annul, impair, or interfere with any existing private agreements or vested rights, provided such agreements or vested rights are lawfully established and remain in effect.
(Ord. 2020-36, passed 12-2-2019)
1.9.1. Conflicts with State or Federal Law
If a provision of this Ordinance is inconsistent with State or federal law, the more restrictive provision controls, to the extent permitted by law.
(Ord. 2020-36, passed 12-2-2019)
1.9.2. Conflicts with Other Town Codes or Laws
If a provision of this Ordinance is inconsistent with another provision found in other adopted ordinances of the Town, the more restrictive provision shall govern, unless the terms of the more restrictive provision specifies otherwise.
(Ord. 2020-36, passed 12-2-2019)
1.9.3. Conflicts between the Standards in this Ordinance
A. Generally. In cases where two or more standards in this Ordinance conflict with one another, the more restrictive standard shall control.
C. Overlay Districts.
1. In cases where applicable overlay zoning district standards are in conflict with applicable general zoning district standards, the overlay district standards shall control.
2. In cases where applicable overlay zoning district standards are in conflict with applicable conditional zoning district standards, the more restrictive standards shall control.
D. Authorized Deviations or Incentives. Development configured in accordance with an allowable deviation (e.g., administrative adjustment) or incentive (e.g., sustainable development incentives) authorized by this Ordinance shall not be considered to conflict with otherwise applicable more restrictive standards in this Ordinance.
(Ord. 2020-36, passed 12-2-2019)
1.9.4. Conflicts with Private Agreements
In cases where the standards in this Ordinance conflict with private agreements, covenants, or deed restrictions and the standards in this Ordinance are more restrictive, the standards in this Ordinance shall control.
(Ord. 2020-36, passed 12-2-2019)
1.9.5. Determination of the More Restrictive Standard
The more restrictive provision is the one that imposes greater restrictions or burdens, or more stringent controls.
(Ord. 2020-36, passed 12-2-2019)
1.10.1. Prior Violations Continue
A. Any violation of the previous UDO shall continue to be a violation under this Ordinance, unless the development complies with the express terms of this Ordinance or the statute of limitations on enforcement has expired in accordance with Section 8.3, Statute of Limitations.
B. Any violation of the previous UDO that is no longer a violation under this Ordinance shall not be considered a violation.
C. Violations of this Ordinance shall be subject to the penalties set forth in Article 8: Enforcement, unless the development complies with the express terms of this Ordinance.
(Ord. 2020-36, passed 12-2-2019)
1.10.2. Existing Nonconformities
If any use, building, structure, lot, sign, or site feature legally existed on January 1, 2020, but does not fully comply with the standards of this Ordinance, the use, building, structure, lot, sign, or site feature is considered nonconforming under this Ordinance and shall be subject to the requirements in Article 7: Nonconformities.
(Ord. 2020-36, passed 12-2-2019)
1.10.3. Pending Applications
A. Final Action Pending.
1. Any development application filed and accepted as complete before January 1, 2020, but still pending final action as of that date, may be decided in accordance with either the regulations in affect at the time the application was determined complete or the regulations in this Ordinance, as requested by the applicant in accordance with G.S. § 143-755.
2. To the extent an application is approved and proposes development that does not comply with this Ordinance, the subsequent development, although permitted, shall be nonconforming and subject to the provisions of Article 7: Nonconformities.
3. If the development subject to an application approved under the Town's prior development regulations fails to comply with the required time frames, it shall expire and future development shall be subject to the requirements of this Ordinance.
B. Filed, but Not Complete Applications. Applications that have been filed prior to January 1, 2020, but not determined to be complete by the Planning Director shall be reviewed and decided in accordance with this Ordinance.
(Ord. 2020-36, passed 12-2-2019)
1.10.4. Approved Applications
The following standards apply to applications approved prior to January 1, 2020:
A. Any development approvals shall remain valid until their expiration date.
B. Developments with valid approvals or permits may be carried out in accordance with the terms and conditions of their approval and the development standards in effect at the time of approval, provided the permit or approval is valid and has not expired.
C. Portions of developments, including subdivisions, reserved as future development sites where no lot lines are shown on a preliminary plat, site plan, or other approved plan of development shall comply with the provisions of this Ordinance.
D. If an approval expires or is revoked (e.g., for failure to comply with the terms and conditions of approval), any subsequent development of the site shall be applied for in accordance with the procedures and standards of this Ordinance.
E. Timelines for the commencement or expiration of development in accordance with an approved application shall be suspended in the event of legal challenge.
(Ord. 2020-36, passed 12-2-2019)
1.10.5. Existing Development
A. Existing Special Use Zoning District Designation.
1. Land subject to a special use zoning district designation on January 1, 2020 shall continue to be subject to the district designation and all applicable conditions of approval after January 1, 2020.
B. Prior Approved Planned Residential Development.
1. A planned residential development subject to a special use permit approved prior to January 1, 2020 is authorized to continue to subject to its master plan, special use permit, and all associated conditions of approval.
2. Amendments to a planned residential development established prior to January 1, 2020 shall only be considered in accordance with Section 2.2.13, Planned Development.
C. Pre-Existing Conditional or Special Use Permit.
1. Development subject to a conditional or special use permit issued prior to January 1, 2020 shall continue to be subject to all permit requirements and conditions of approval even in cases where the use type no longer requires a conditional or special use permit in this Ordinance.
2. Amendments to a conditional or special use permit established prior to January 1, 2020 shall only be in accordance with the standards in Section 2.2.18, Special Use Permit, unless the use is permitted by-right in this Ordinance.
D. Established Uses Without a Special Use Permit.
1. If a use was a lawfully established by-right use before January 1, 2020 and that use is subsequently made a special use in Table 4.2.3, Principal Use Table, the pre-existing use shall be considered a lawfully-established special use.
2. Any changes to a pre-existing lawfully-established special use after January 1, 2020 shall be in accordance with the standards of this Ordinance.
(Ord. 2020-36, passed 12-2-2019)