Zoning & Land Use

ZONING

Zoning regulations are an important tool used to promote the health, safety, and general welfare of the city.  Zoning creates standards for the location, size, and use of buildings, structures, and land.

ZONING DISTRICTS & INTENT STATEMENTS

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Residential Districts

Regulations for the residential districts are designed to protect the residential character of areas so designated from the noise, congestion, and heavy traffic commercial and industrial activities. The regulations are also designed to encourage a suitable environment for family life by providing for openness of living areas and permitted appropriate neighborhood facilities and compatible community facilities.

  • A-1, Agricultural District.

    The A-1 District is intended to provide for land situated on the fringe of the urban area that is agricultural in nature and is customarily situated in the City's extraterritorial jurisdiction. It is not intended that this district provide a location for a lower standard of residential development than is authorized in other districts. The types of uses, required areas, and the intensity of use of land permitted in this district are designed to provide for both rural character and very low-density residential development. This district is defined as a very low-density residential area and additional open areas where similar residential development will be a viable land use. Since land in this district may contain residences in close proximity to agricultural activities, agricultural activities conducted in this district should not be deemed detrimental to urban density uses.

  • R-15, Very Low Density Residential District.

    The R-15 District is intended to provide for urban residential development, which is designed to provide quiet, very low-density areas for single-family living with related recreational facilities protected from intrusion of commercial and industrial activity. Permitted uses are designed to stabilize and protect the essential characteristics of the area and permit certain home occupations as set forth in this LDC.

  • R-10, Low Density Residential District.

    The R-10 District is intended to provide for urban residential development, which is designed to provide quiet, low-density areas for single-family living with related recreational facilities protected from intrusion of commercial and industrial activity. Permitted uses are designed to stabilize and protect the essential characteristics of the area and permit certain home occupations as set forth in this LDC.

  • R-8, Manufactured Residential District.

    The R-8 District is intended to provide for urban residential development, which is designed to provide a medium density area, encompassing individual manufactured homes and conventional single-family dwellings along with related recreational facilities protected from intrusion of commercial and industrial activity. Permitted uses are designed to stabilize and protect the essential characteristics of the area and permit certain home occupations as set forth in this LDC.

  • R-6, Single-family Residential District.

    The R-6 District is intended to provide for urban residential development, which is designed to provide a medium density area containing single-family dwellings along with related recreational facilities protected from intrusion of commercial and industrial activity. Permitted uses are designed to stabilize and protect the essential characteristics of the area and permit certain home occupations as set forth in this LDC.

  • R-6MFA, Multifamily Residential District.

    The R-6MFA District is intended to provide for urban residential development, which is designed to provide for medium density areas for multifamily, triplex, duplex and single-family units with related recreational facilities protected from intrusion of commercial and industrial activity. Permitted uses are designed to stabilize and protect the essential characteristics of the area and permit certain home occupations as set forth in this LDC.

  • MHP, Manufactured Home Park District.

    The district is intended to provide for urban residential development, which is designed for medium density residential areas for individual manufactured homes and additional open areas where similar residential development will be a viable land use. Permitted uses are designed to stabilize and protect the essential characteristics of the area and permit certain home occupations as set forth in this LDC.

  • PDR, Planned Density Residential District.

    The Planned Density Residential District (PDR) is established to allow for design flexibility of development and is intended to encourage efficient use of the land and public services and to promote high quality design that will provide a variety of dwelling types as well as support services and open space for the residents of the development. These regulations are intended to permit integration with adjacent non-residential uses and to promote compatibility with existing and emerging patterns of development.

Commercial Districts

Regulations for the commercial districts are designed to encourage stable and efficient commercial areas to meet the needs of various trade areas for commercial goods and services. The regulations are also designed to minimize the adverse effects of commercial uses on other land uses and provide opportunities for investment.

  • OI, Office and Institutional District.

    The OI District is intended to provide for the conduct of general and professional office, medium or high-density housing and related activity to meet the professional services, institutional function office and residential accommodation needs of the community. It is intended that this district be located so as not to introduce traffic onto solely residential streets or become an intrusion into a residential district, but to serve as a buffer between residence districts and more intensive commercial activities.

  • OI-2, Office Mixed Use District (combination of business, office and residential).

    This is a mix-use district that allows office, residential and limited business. The business and office uses allow and fulfill service and convenience needs of the surrounding neighborhood. These uses are primarily pedestrian oriented. The district is intended to be established along the following corridors: Sunset Avenue (Halifax Road to Wesleyan Boulevard), Benvenue Road (Peele Road to Jefferys Road), Goldrock Road (Benvenue Road to Greyson Road), Raleigh Street (Parker Street to Springfield Road), Raleigh Road (Wesleyan Boulevard to the foot of the bridge that runs over Main Street) and Cokey Road (Marigold Street to Fairview Road). In addition this district is encouraged for parcels abutting proposed or existing subdivisions/neighborhoods.

  • MA, Medical Arts District.

    The MA District is for the conduct of hospitals, medical and dental clinics, medical and dental offices and labs; pharmacies, blood-collection facilities and related activity to meet the needs of the community. It is intended that this district be located so as not to introduce traffic onto solely residential streets or become an intrusion into a residential district, but to serve as a community asset located away from residence districts and closer to more intensive commercial activities.

  • B-1, Neighborhood Commercial District.

    The B-1 District is intended for local retail and personal services of limited size and service area that provide for the regular needs and convenience of those residing in the adjacent residential neighborhoods. These are generally small in area and contain businesses that deal in "convenience goods" such as groceries, drugs and household supplies, and the furnishing of personal services. It is intended that neighborhood commercial uses be developed as a unit with adequate off street parking space for customers and employees and with appropriate landscaping and screening and are therefore subject to all Planned Building Group requirements and standards of this LDC.

  • B-2, Commercial Corridor District.

    The B-2 District is established for major retail and service activities removed from the central business district, with major arterial access and with adequate open space and parking. This district is intended to serve the resident, non-residents and transient traffic using major arterials that run through or around the City.

  • B-3, Regional Commercial District.

    The B-3 District is intended for regional retail and personal services of significant size and service area that provide for the larger needs and convenience of those residing in the Community and surrounding areas. It is intended that regional commercial uses be developed as a unit with adequate off street parking space for customers and employees and with appropriate means of access, ingress, and egress with landscaping and screening and are therefore subject to all Planned Building Group requirements and standards of this LDC.

  • B-4, Central Business District.

    The CBD District is intended for the conduct of personal and business services and the general retail trade of the core business center of the community. It is designed to accommodate a wide variety of commercial uses in the traditional downtown business area and related areas of mixed commercial enterprises. It is designed to maintain, support, and facilitate compatible redevelopment of existing and new uses within the core area. Residential uses may be appropriate above the ground floor of commercial, office, or other uses within the CBD District.

  • B-5, Business Service District.

    This B-5 District is intended for business and warehouse support services that support the regular needs of the primary activities in the B-4 District, along rail sidings and primary streets. It is designed to support a wide variety of commercial uses in the adjacent rail sidings and primary streets adjacent to the traditional downtown central business district and related areas of mixed commercial enterprises.

Industrial Districts

Regulations for the industrial districts are designed to make available a range of suitable sites for all types of manufacturing and related activities while protecting residential areas by separating them from manufacturing activities and by prohibiting the use of industrial space for new residential development.

  • I-1, Light Industrial District.

    The IL District purpose of the IL District is to provide a location for industries that do not, by their nature, create nuisances. It is designed to preserve land for industry in a location beneficial to industries and to prohibit non-industrial uses. Due to the traffic generated and other potentially objectionable influences created in this district, special buffer or setback area may be required. The environmentally protective nature of this district is designed to limit uses to those that produce a minimum of gaseous emissions, noise and objectionable external effects.

  • I-2, Heavy Industrial District.

    The purpose of the IH District is to provide a location for manufacturing and related industries that may, by nature, create nuisances. The intent is to preserve land for such industry in locations with access to major streets as designated on the arterial plan, as well as locations generally accessible to railroad transportation and to prohibit non-industrial uses. Due to the objectionable impacts that may be created in this district, special buffer or setback areas will be required.

  • I-P, Industrial Park District.

    The purpose of the IP District is to provide for the competitive location of high quality industries. The intent is to prohibit non industrial use and to preserve land for such industry in locations with access to arterial streets as designated on the arterial plan, as well as locations generally accessible to railroad transportation. Due to the process, manufacturing or employment base certain impacts that may be created in this district, special design, buffer or setback areas requirements may be required.

Overlay Districts

  • CU, Conditional Use Overlay District.

    It is recognized that certain types of zoning districts would be inappropriate at particular locations in the absence of special conditions. Where the applicant for rezoning desires property to be rezoned to such a district in such situations, the Conditional Use District is a means by which such special exceptions can be imposed in the furtherance of the purpose of this ordinance. The Conditional Use District classification will be considered only upon request of the applicant for rezoning. If for any reason any condition imposed pursuant to these regulations is found to be illegal or invalid, it is the intent of this ordinance that the authorization of that particular conditional use shall be null and void. All other authorized conditions associated with the request shall remain in effect.

    Within a Conditional use District (sometimes referred to as CUD), only those uses authorized by Section 503, "General Use Table," as permitted in the zoning district with which the CUD corresponds shall be permitted, and all other requirements of the corresponding district shall be met. In addition, within a CUD no use shall be permitted except pursuant to a conditional use permit authorized by the city council, which shall specify the use or uses authorized. Such permit may specify the location on the property of the proposed use or uses, the number of dwelling units, the location and extent of supporting facilities such as parking lots, driveways, and access streets, the timing of development, the location and extent of right-of-way and other areas to be dedicated for public use, and other such similar conditions as the applicant may propose as conditions upon the request but not to include architectural review or controls.

    The authorization of a conditional use permit in any CUD for any use which is permitted only as a special use as authorized in Section 503 in the zoning district which corresponds to the CUD shall preclude any requirement for obtaining a special use permit for any such use from the board of adjustment or city council.

  • DBOD, Douglas Block Overlay District.

    The Douglas Block Overlay District (DBOD) and its regulations may be applied to property located in the defined area outlined in Chapter 15 of this LDC. The DBOD is an overlay zoning district, and the regulations imposed by such district shall be in addition to the regulations of the underlying zoning district applicable to the subject parcel or area. These regulations are designed to promote mixed use, infill development and adaptive reuse of historic properties.

  • HP, Historic Preservation Overlay District.

    The Historic Preservation (HP) District and its regulations may be applied to property located in any other zoning district, whether residential, commercial, industrial, or agricultural, in accordance with the provisions of the Historic Preservation LDC. The Historic Preservation Zoning District is an overlay zoning district, and the regulation imposed by such district shall be in addition to the regulation of the underlying zoning district applicable to the subject parcel or area. These regulations are designed to protect against destruction of or encroachment upon such areas, structures, and premises: to encourage uses which will lead to the continuance, conservation, and improvement in a manner appropriate to the preservation of the heritage of the City. (See Chapter 10).

  • LHL, Local Historic Landmark Overlay Designation.

    The Local Historic Landmarks Overlay (LHL) Designation and its regulations may be applied to buildings only located in any other zoning district, whether residential, commercial, industrial or agricultural, in accordance with the provisions the Chapter 10. The Local Historic Landmarks Zoning District is an overlay zoning district, and the regulation imposed by such district shall be in addition to the regulation of the underlying zoning district applicable to the subject parcel or area. These regulations are designed to protect against destruction of or encroachment upon such buildings and structures: to encourage preservation of structures which will lead to the continuance, conservation and improvement in a manner appropriate to the preservation of the heritage of the City. (See Chapter 10).

  • CED, Community Enterprise District.

    The Community Enterprise District Overlay (CED) and its regulations may be applied to property located in any other zoning district, in accordance with the provisions of this LDC. The CED includes 2000 Census Blocks 202.1, 202.2, and 202.5, located in the corporate limits as of March 25, 2002 and not within any national, state or local historic districts (by rosemary at tf ). These regulations are designed to create an overlay district for sustainable community development, to advance the creation of livable and vibrant community through comprehensive approaches that coordinate economic, physical, environmental, community, and human development. The CED permits specific activities that support the revitalization of the defined area, and identifies the conditions under which such activities can occur. Establishment of this CED enable the Board of Adjustment to permit Childcare Centers in residential areas.


REZONING PROCESS & TEXT AMENDMENT CHANGE

In order to change the zoning of ones property, the property owner must submit a rezoning request to the Planning Department. The Planning Staff then conducts an analysis of the subject site and presents the findings at the appropriate Planning Board meeting. The Planning Board takes action on the staff report and forwards a written recommendation to City Council. City Council then votes to approve or deny the request at appropriate council meeting.  

A text amendment change to the Land Development Code (LDC) can be requested by anyone. The proposed text amendment must be submitted to the Planning Department. The Planning Department will present the request attached with a staff recommendation to the Planning Board. The Planning Board takes action on the amendment and forwards a recommendation to City Council. City Council then votes to approve or deny the text amendment change.


LAND USE

Use categories are designed to classify land uses and activities into common use categories based on functions, product, or physical characteristics. Characteristics include the type, size, quantity or impacts of activity; the type of customers or residents; how goods or services are sold or delivered and site conditions. The use categories provide a systematic basis for assigning present and future land uses into appropriate zoning districts.