Warren County Board Of Commissioners Work Session October 17, 2018 Zoning Information Public Forum Ken Krulik, AICP CZO
Land use law and zoning Zoning - basic method of land use management used by local governments in the U.S. since 1916 when New York City enacted the nation s first zoning ordinance to protect the health, safety, and welfare of residents in crowded urban tenements. No one has an absolute right to use his or her land in a way that may harm the public health or welfare, or that damages the quality of life of neighboring landowners, or of the community as a whole.
Zoning continued.. Zoning CAN provide guidance for appropriate land use and land use practices. Zoning CAN T change or correct past land use actions! If a use is already in place and permitted, it can continue. Zoning is a tool that can help deter future negative impacts, rather than reacting to them after they have occurred. Zoning gives property owners and commercial investors predictability of what can go where & protect resources.
Zoning continued How the land is being used currently is the basis for it s potential zoning district and to help in appropriate land use planning.
County s Zoning Districts Agricultural Residential (AR): established to promote a compatible mixture of agricultural, forestry, conservation and very low-density residential uses. Preservation of prime farmlands, protection of the environment and the continuation of rural lifestyles are the goals of this district. Residential Lakeside (RL): established to promote residential uses and protection of the environment in the areas of Lake Gaston and Kerr Lake. Residential (R): established to promote, protect and enhance residential development. Lakeside Group Camp (GC): established as a camping district which will allow both permanent structures and temporary camping facilities to encourage a combination of uses and facilities appropriate for this district.
County s Zoning Districts Lakeside Tent or Trailer Camping (TC): established as a camping district which will allow temporary camping facilities for tents, trailers, recreational vehicles (RV's). Lakeside Business (LB): established to promote lowdensity business development around Lake Gaston and Kerr Lake while protecting the environment. Neighborhood Business (NB): established to provide commercial development compatible with the surrounding communities. Light Industrial (LI): established to promote compatible locations for service, manufacturing, packaging, research and development (R&D) and warehousing industries.
Proposed New Districts. Zoning ordinance re-written/revised 2008-2011 (adopted 9/6/11) and included two new zoning districts IF zoning were expanded countywide. Heavy Business (HB): established to promote large-scale commercial development not otherwise classified as Neighborhood Business (NB) commercial development compatible with the surrounding communities. Heavy Industrial (HI): established to promote compatible locations for large-scale service, manufacturing, packaging, research and development (R&D) and warehousing industries.
Farm or Agricultural use with a residence or two = AR (Agricultural Residential)
Crops or livestock = AR (Agricultural Residential)
Commercial Property = NB (Neighborhood Business or HB (Heavy Business)
Cluster of houses (subdivisions) = R (residential)
GRANDFATHER CLAUSE Grandfathered property a.k.a nonconforming use when a land use doesn t comply with the zoning district where it s located and it existed before the zoning regulations were established, it can continue to operate!
Zoning continued Nonconforming use can change hands to new owners only as the same use (ex. Joe Smith local pottery shop and minimart can be bought by Bob Brubaker and be run as the same business). IF a nonconforming use were destroyed by an event (ex. fire or flood) it can be rebuilt and operate the same as it was BUT it can t expand!
FARMS Bona Fide Farms not Affected by this Ordinance: Nothing in this ordinance shall be construed to affect bona fide farms, but any use of such property for non-farm purposes shall be subject to these regulations (see bona fide farms in the Definitions Section VI.B of this Ordinance). Bona Fide Farm: Except as provided in G.S. 106-743.4 for farms that are subject to a conservation agreement under G.S. 106-743.2, bona fide farm purposes include the production and activities relating or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agricultural products as defined in G.S. 106-581.1 having a domestic or foreign market. Accessory buildings and uses secondary to permitted uses same applies with farming operations (ex. small workshop for repairs, farm-stands, etc.).
HUNTING County zoning ordinance has no restrictions regarding hunting EXCEPT - Hunting and fishing lodges (and related retail sales) are an allowed use with a zoning permit in the AR (Agricultural residential), LB (Lakeside Business) and NB (Neighborhood Business) districts.
Re-zoning Owner seeks to change the zoning of their property, process is in place with the current zoning ordinance (same if zoning expanded). Applicant submits a Petition to Re-zone to the Planning Department for initial review then a summary is sent to the Planning Board for reviewrecommendation to the Commissioners. Planning Board s actions are recommendations to the Board of Commissioners for a final decision. Board of Commissioners hold a public hearing on the petition (approve, table, deny with justification). If a rezoning can t be justified by a land use plan/zoning map with nearby or adjacent similar zoning then this action could be deemed illegal by the courts (spot zoning).
Example - Area mainly AR and R zoning
Example one lot/parcel proposed for commercial instead of adjacent or nearby lots already zoned commercial
Conditional Use Applicant may apply for a use not normally permitted in a certain zoning district, but allowed with meeting certain identified conditions as outlined in the zoning ordinance and following a review process. Applicant submits application to the County planner, application is reviewed and a public hearing held through the Board of Adjustment for final action. Conditions of the permit, if approved, must be followed or the permit can be revoked.
Variance Granted in certain situations after review by the Board of Adjustment (with public hearing) enabling a property owner to make use property in a way that conflicts with the zoning ordinance: Applicant has to prove unnecessary hardship would result from the strict application of the ordinance. Applicant has to prove the hardship results from conditions that are peculiar to the property, such as location, size, or topography. The hardship did not result from actions taken by the applicant or the property owner. The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved.
Example Lot - Variance
Example Variance
Boards Conditional use permits, variance requests and appeals Board of Adjustment (BOA) with public hearing then action by the BOA). Rezoning petitions Planning Board, reviews and makes recommendation to the Board of Commissioners who receive the recommendation then set the public hearing for action. IF zoning were to be expanded county-wide the recommendation would need to come from the Planning Board to the Board of commissioners for public hearing.
IF Zoning is expanded The current zoning ordinance would be applied countywide, BUT NOT the Towns of Warrenton and Norlina and their respective one mile Extra Territorial Jurisdiction s. Current zoning districts are: AR, R, RL, GC, TC, LB, and NB (apply to the Kerr Lake and Lake Gaston areas). Zoning Ordinance was fully revised in 2011 and included the additional districts for potential expansion of zoning: HB, LI and HI. IF zoning is expanded the MAJORITY of the county would be designated AR.
USES AR RL R GC TC LB NB HB LI HI NOTES PER DISTRICT ABC stores X X X X X X P P P X Accessory buildings and uses secondary to permitted uses P P P P P P P P P P Accessory retail uses (e.g. cafeterias, gift and souvenir shops, drink/snack bars for employees, patients, patrons, visitors in the principle building -no exterior advertising). X X X X X X X X P P Adult entertainment establishments X X X X X X X CU CU CU 2,000 linear foot separation from the adjacent property line per CU. Agricultural equipment sales and service P X X X X X X P P P Buffering required per Paragraph I.E of this ordinance. Agricultural supply sales P X X X X X P P P P Buffering required per Paragraph I.E of this ordinance. Airports, landing field, heliports and helipads CU X X X X X X X P P Amusement parks with outdoor rides, bowling, trampolines, miniature golf, concessions, swimming pools, arcades, and drive-in movie theaters X X X X X CU CU CU X X Animal hospitals and kennels (no animal storage/runs shall be closer than 50 feet to any property line) P X X X X X P P P P Distance from wells shall be maintained at a minimum of 100 feet per all applicable Government requirements
Contact Information Ken Krulik, Planning and Zoning Administrator - Warren County Planning/Zoning and Code Enforcement Department 252-257-7027 OR 252-257-3037 KenKrulik@warrencountync.gov