4.1. Establishment of districts.

   For the purpose of this Unified Development Ordinance (UDO), portions of the Town, as specified on the Town's official zoning map are hereby divided into the following zoning districts:

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PREVIOUS DISTRICT	NEW DISTRICT
RESIDENTIAL ZONING DISTRICTS
R-40	Single-Family Residential	R-40	Single-Family Residential
R-20	Single-Family Residential	R-20	Single-Family Residential
R-15	Single-Family Residential	R-15	Single-Family Residential
R-12	Single-Family Residential	R-12	Single-Family Residential
R-9	Single-Family Residential	R-9	Single-Family Residential
MF-1	Multi-Family 1	MF-1	Multifamily Residential
MF-2	Multi-Family 2	MF-2	Multifamily Residential
R-5	Manufactured Home Park/Subdivision	RMH	Manufactured Home Park/Subdivision
-MH	Mobile Home Floating District	-MH	Manufactured HomeFloating Zone
COMMERCIAL ZONING DISTRICTS
—-	New	NO	Neighborhood Office
NB	Neighborhood Business	NC	Neighborhood Commercial
CBD	Central Business District	CBD	Central Business District
OI	Office and Institutional	OI	Office and Institutional
CB	Community Business	CR	Community Retail
SB	Service Business	SB	Service Business
INDUSTRIAL ZONING DISTRICTS
I-1	Industrial 1	I-1	Light Industrial
I-2	Industrial 2	I-2	Heavy Industrial
PLANNED DEVELOPMENT DISTRICTS
—-	New	PUD	Planned Unit Development
R-12-PR	Planned Residential 12	PRD	Planned Residential Development
—-	New	TND	Traditional Neighborhood Development
MXD-1	Mixed Use District 1	MXD	Mixed UseDevelopment
OVERLAY ZONING DISTRICTS
—-	Conservation Buffer Area	CBA	Conservation Buffer Area
—-	Lake Benson Conservation	LBC	Lake Benson Conservation
OVERLAY ZONING DISTRICTS
------	Timber Drive Overlay	O-TD	Timber Drive Overlay
------	U.S. 70/401 Overlay	O-70	U.S. 70/401 Overlay
------	I-40/US 70 Special Highway Overlay	O-40	I-40 Overlay
-----	Garner Road Overlay District	GROD	Garner Road Overlay District
OBSOLETE DISTRICTS
MR-1	Multi-Residential 1	MR-1	Multi-Residential 1
RCD	Residential Cluster District	RCD	Residential Cluster District
R-12 PR	R-12 Planned Residential District	R-12 PR	Planned Residential District
MXD-1	Mixed UseDevelopment District	MXD-1	Mixed UseDevelopment District

   Note: The MXD General Use District has been replaced by the MXD Planned Development Floating District.  Existing MXD General Use Districts remained mapped on the official zoning map and can be developed according to the provisions of Section 4.14 Obsolete Districts.

      1.   General use districts. Also known as base zoning districts, these represent the traditional residential, commercial, and industrial districts established above. They set uniform standards for uses in their district and are the governing standards unless overlaid with more restrictive standards as in the case of an overlay district.

      2.   Conditional zoning districts.

         a.   The Town Council may establish by ordinance various conditional zoning districts upon request by the owner.

         b.   Any conditional zoning district shall be designated by the letters “CZ” followed by a unique number identifying the ordinance that created the district and followed by adding a numerical subscript to indicate the order in which such districts are created or revised. Thus, the first such district created might be designated CZ1-4997-1. These designations shall be applied to the official zoning map as in the case of other amendments. All ordinances establishing a conditional district shall be referenced in Appendix B to this UDO. Ordinances are on file in the Planning Department.

         c.   On January 1, 2021, any existing and legal Conditional Use zoning districts , Special Use zoning districts or Planned Unit Development (PUD) zoning districts that are valid and in effect shall be deemed a Conditional Zoning (CZ) district subject to the same conditions of approval or operation of the existing entitlement.

      3.   Floating districts. Floating districts are set forth in the ordinance text but not on the initial official zoning map. A floating district may be employed when the local government recognizes that a particular type of activity is desired for a general area but the specific site has not been located in advance. Property intended to be used for that activity may be rezoned upon application if the owner can meet the conditions in the ordinance. Uses typically designated in floating districts include Planned Developments such as the PUD, PRD, TND and MXD districts.

      4.   Overlay districts. Overlay districts are established to define certain sub- areas within which development is subject to restrictions over and above those applicable to the underlying district. Within these overlay districts; any development that occurs must be in compliance not only with the regulations applicable to the underlying district but also with the additional requirements of the overlay district. The Conservation Buffer , Lake Benson Conservation, Swift Creek Conservation, I-40 Special Highway, Timber Drive, and the U.S. 70/401 Thoroughfare are six such overlay districts. Overlay zones are not required to be mapped on the official zoning map if the description of such zones in this UDO is sufficient to define their extent and application to specific properties.

      5.   Obsolete districts. Obsolete districts have been mapped on the official zoning map of the Town of Garner, but are no longer part of the zoning district hierarchy applied to the Town. These districts have been retained from the previous version of the land use ordinance and land that is zoned with any of the obsolete district designations will continue to be developable under those use and dimensional regulations applicable to the districts immediately prior to the effective date of this UDO. See Section 4.1 entitled establishment of districts for list of obsolete districts.

(Ord. No. 3558, § 2, 7-7-09; Ord., 3-16-21)