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To carry out the provisions of this Chapter, within the jurisdiction of the Town, the following zoning districts are established.
(A) Interpretation of Zoning District Boundaries.
(1) Defined. District boundaries are as shown upon the Official Zoning Map and Future Land Use Map as set forth in § 155.104, and as adopted by Town Council. The provisions of this chapter are hereby established and declared to be in effect upon all land included within the boundaries as shown on the maps.
(2) Rules for Interpretation.
(a) The Planning Director shall be responsible for interpretations of the Official Zoning Map and Future Land Use Map in accordance with the standards set forth in this Section. Where uncertainty exists as to the boundaries of any district shown on the Official Zoning Map, the following rules shall apply:
1. Boundaries indicated as approximately following the centerlines of streets, alleys, highways, streams or railroads shall be construed to follow such centerlines.
2. Boundaries indicated as approximately following lot lines, Town limits or extraterritorial jurisdiction boundary lines, shall be construed as following such lines, limits or boundaries; and
3. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as following such changed shorelines.
4. Where a district boundary divides a lot or where distances are not specifically indicated on the zoning map, the boundary shall be determined by measurement, using the scale of the zoning map.
5. Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.
(b) Any person or party aggrieved by the Planning Director’s interpretation of the Official Zoning Map may file an Administrative Appeal application to the Board of Adjustment, as provided in § 155.717 of this chapter. The application shall contain sufficient information to enable the Board of Adjustment to make the necessary interpretation.
(B) Conventional Districts.
(1) Residential Districts.
(a) R-E | Residential-Estate. The R-E district is comprised of low density, single-family dwellings, and other selected uses which are compatible with the open and rural character of the area. The established regulations for this district are designed to promote and encourage an environment for family life and agriculture. To encourage higher quality development and to ensure greater environmental protection, open space (cluster) subdivisions are permitted.
(b) R-10 | Single-Family Residential-10. The R-10 district is established to provide for orderly suburban residential development and redevelopment and is intended to maintain residential areas at relatively low densities characterized predominantly by single-family detached units. The district requirements protect existing neighborhoods from undesirable or incompatible uses. To encourage higher quality development and to ensure greater environmental protection, open space (cluster) subdivisions are permitted. A special permit process for higher intensity development is also allowed, using discretion to balance issues of higher density with improved amenities.
(c) R-8 | Single-Family Residential-8. The R-8 district is established to provide for orderly suburban residential development and redevelopment and is intended to maintain residential areas at suburban densities characterized predominantly by single-family detached units. To encourage higher quality development and to ensure greater environmental protection, open space (cluster) subdivisions are permitted. A special permit process for higher intensity development is also allowed, using discretion to balance issues of higher density with improved amenities.
(d) R-6 | Single-Family Residential-6. The R-6 district is established to provide for orderly suburban residential development and redevelopment. Intended to protect, preserve and enhance existing residential areas of higher density which include multi-family dwellings mixed with other housing types. A special permit process for higher intensity development is also allowed, using discretion to balance issues of higher density with improved amenities.
(2) Nonresidential Districts.
(a) O-R | Office-Residential. The O-R district is intended to accommodate modest-scale professional occupations, along with single-family and multi-family residential units, to serve as a neighborhood activity center and as a transition between residential and more intense commercial uses.
(b) O-I | Office-Institutional. The O-I district is intended to permit offices, institutions, and associated administrative, executive, professional and research uses in new and existing structures and limited retail uses. Such offices and institutional uses are generally located along or proximate to major roadways or adjacent to commercial uses and may act as a buffer between such areas and residential uses.
(c) B-1 | Central-Business. The B-1 district is intended to foster a vibrant, safe, central business district and town center by encouraging dense residential development while retaining and further developing a broad range of commercial, retail, service, office, institutional, public, cultural, and entertainment uses and activities. The district is intended to define and promote the town center as a desirable place to live, work, shop, and recreate.
(d) B-2 | Neighborhood-Business. The B-2 district provides opportunities for small-scale commercial uses offering primarily convenience shopping and services for adjacent residential areas. Proximity to residences requires that commercial operations are low intensity, unobtrusive, and conducted at a scale and density compatible with the surrounding neighborhood. There is a relatively low demand on public services, transportation, and utilities.
(e) B-3 | Highway-Business. The B-3 district provides opportunities for offices, service uses, and businesses retailing durable and convenience goods for the community as a whole. Located on major and minor thoroughfares, this district is accessible to and serves the entire community. Site design and buffering mitigate impacts of traffic, operations, and scale on adjacent businesses and residential neighborhoods.
(f) I-1 | Industrial-Light. The I-1 district fosters the retention and growth of employment opportunities by providing areas where a broad range of industrial uses may locate and where options for complementary uses exist. Industries should be operated in a relatively clean and quiet manner, and should not be obnoxious to nearby residential or business districts, warehousing and wholesaling activities, and research facilities. The regulations of this district are intended to prohibit the use of land for industries that by their nature may create very minor nuisance to surrounding properties.
(g) I-2 | Industrial-Heavy. The I-2 district fosters the retention and growth of employment opportunities by providing areas where a broad range of industrial uses may locate and where options for complementary uses exist. Intended for heavy industries that, by their nature, may create some nuisance, and which are not properly associated with or are compatible with nearby residential or business districts, warehousing and wholesaling activities, and research facilities.
(h) PF | Public Facilities. The PF district is established to provide a coordinated land planning approach to the sale, rent, lease, purchase, management, or alteration of publicly owned or operated lands. Notwithstanding those public uses permitted elsewhere in this Code, the PF district is primarily intended for, although not limited to, public parks and recreation areas, public buildings and facilities, and other capital improvements of a significant nature. (Ord. 2015-09-03, passed 09-28-15)
(C) Conditional Zoning Districts.
(1) Pursuant to G.S. § 160D-703(b), the Town Council may establish by ordinance conditional districts (§ 155.705) upon request by or on behalf of all owners. A conditional zoning is a legislative map amendment with site-specific conditions incorporated into the zoning map amendment. Conditional districts provide the opportunity for developments that do not fit easily into existing zoning district(s) even when divided into component parts, and that also demonstrate excellence in site design, circulation, use coordination, and compatibility with neighboring properties such that it is in the public interest to create a new and novel zoning district to accommodate them. Conditional districts shall be designated by adding "-CZ" followed by the ordinance or project number establishing the district. Novel conditional zoning districts shall be designated by adding "CZ" followed by the ordinance number creating the district.
(2) If for any reason a condition imposed pursuant to these regulations is found to be illegal or invalid, it is the intent of this chapter that the authorization of such conditional district shall be null and void and of no effect and that proceedings be instituted to rezone the property to its previous zoning classification. All conditions on conditional zonings must be voluntarily agreed to in writing by all owners of property to which the conditions apply.
(D) Overlay Districts.
(1) Thoroughfare Overlay District (TOD). The Thoroughfare Overlay District is established for the purpose of maintaining a safe, efficient, and functional development pattern adjacent to major thoroughfares, while maintaining an aesthetic streetscape environment. It is recognized that an enhanced development quality in areas of high visibility promotes economic development and stability in the entire community. The standards established in § 155.204(A) shall be applied to properties which adjoin major thoroughfares, as designated on the Town's Overlay Zoning Map.
(2) Watershed Protection Overlay (WPO).
(a) The Watershed Protection Overlay (WPO), pursuant to G.S. § 143-214.5, is hereby established as a district that overlays the designated water supply watershed. The designated water supply watershed under this district is defined and established by the overlay district "Watershed Protection Overlay" on the zoning map. Land use and development within the WPO must comply with all the requirements of both the underlying zoning district and the watershed overlay.
(b) The designated water supply watershed within the Town is designated by the state as a Class IV watershed protected area (WS-IV PA) and is referred to as the Neuse River (Smithfield) watershed within the Neuse River basin. Only new development activities that require an erosion/sedimentation control plan under state law or approved local government program are required to meet the provisions of this program. See § 155.501 for watershed protection standards.
(3) Downtown Overlay District (DOD). The Downtown Overlay District is established for the purpose of fostering the economic vitality of the area within the district’s boundaries, as well as the aesthetics and character of the district as further described in this Article, specifically in § 155.204.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2009-08-02, passed 8-3-09; Am. Ord. 2012-04-02, passed 4-2-12; Am. Ord. 2012-12-02, passed 12-3-12; Am. Ord. 2015-06-02, passed 6-1-15; Am. Ord. 2015-09-03, passed 9-8-15; Am. Ord. 2016-04-04, passed 4-4-16; Am. Ord. 2017-04-06, passed 4-3- 17; Am. Ord. 2018-05-05, passed 5-21-18; Am. Ord. 2021-02-02, passed 2-15-21)