To carry out the provisions of this chapter, within the jurisdiction of the Town of Kenly, the following zoning districts are established.
(A) General use districts.
(1) Residential.
(a) R-20/AR | Single-Family Residential-20/Agriculture. This 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 subdivisions are permitted.
(b) R-10 | Single-Family Residential-10. Established to provide for orderly suburban residential development and redevelopment. Intended to maintain residential areas at relatively low densities characterized predominantly by owner-occupied, single-family detached units. The district requirements protect existing neighborhoods from undesirable uses and residential conversions. To encourage higher quality development and to ensure greater environmental protection, open space 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-6 | Single-Family Residential-6. Established to provide for orderly suburban residential development and redevelopment. Intended to protect, preserve and enhance existing residential areas of higher density which include multifamily 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.
(a) O-R | Office-Residential. Intended to accommodate modest-scale professional occupations, along with single-family and multifamily 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. 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 instructional uses should be located along major roadways, adjacent to commercial uses to act as a buffer between such roadways and residential uses.
(c) B-1 | Central-Business. Intended to foster a vibrant, safe, town center by encouraging residential development while retaining and further developing a broad range of commercial, 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 and recreate.
(d) B-2 | Neighborhood-Business. Provides 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. Provides locations of offices, service uses, and businesses retailing durable and convenience goods for the community as a whole. Located on major and minor thoroughfares and, therefore, accessible to and serve 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. Promotes 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 some nuisance to surrounding properties.
(g) I-2 | Industrial-Heavy. Promotes 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. Indented 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.
(B) Special use districts.
(1) Pursuant to G.S. § 160A-382, the Town Board of Commissioners may establish by ordinance various special use districts upon request by or on behalf of all owners. Parallel special use districts shall be designated by adding "-S" to the corresponding general use district.
(2) All zoning regulations that apply to the general use district are minimum within the corresponding special use district.
(3) A special use district may provide for greater but not lesser setbacks than those applicable to the corresponding general use district, and may specify that only 1 or some of the uses permissible in the general use district are permissible in the special use district.
(4) Under each special use district, all uses allowed as permissible in the corresponding general use district are permitted only upon issuance of a special use permit by the Town Board of Commissioners in accordance with § 156.711. However, a special use permit is not required as a prerequisite to establish a special use district, since the district itself may be conditioned and established first and then developed much later. However, a special use permit may be submitted in tandem petition for the special use district, either by preference of the applicant or upon request by the Town Board of Commissioners or Planning Director, if either finds that such permit is necessary in order to consider an application for a special use district.
(5) If for any reason any condition imposed pursuant to these regulations is found to be illegal or invalid, or if the applicant should fail to accept any condition, it is the intent of this chapter that the authorization of such special use permit shall be null and void and of no effect and that proceedings be instituted to rezone the property to its previous zoning classification.
(C) Overlay districts.
(1) Historic Preservation (HP). Reserved.
(D) Interpretation of district boundaries.
(1) Defined. District boundaries as are shown upon the zoning map of the town adopted by this chapter as set forth in § 156.104, are hereby adopted, and the provisions of this chapter are hereby established and declared to be in effect upon all land included within the boundaries of each and every district shown on the map.
(2) Rules for interpretation.
(a) The Board of Adjustment is authorized to interpret the zoning map and to pass upon disputed questions of lot lines or district boundary lines and similar questions. If such questions arise in the context of an appeal from a decision of the Planning Director, they shall be handled as provided in § 156.717.
(b) An application for a zoning map interpretation shall be submitted to the Board of Adjustment by filing a copy of the application with the Planning Director. The application shall contain sufficient information to enable the Board of Adjustment to make the necessary interpretation.
(c) Where uncertainty exists as to the boundaries of any district shown on the 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;
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; and
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.
(Ord. passed 6- -2019)