Sec. 5.2. Use Categories
Commentary: The following use categories are not zoning districts. These categories are intended only to provide a mechanism to group uses for regulatory purposes. The names of some use categories (for example, “Commercial”) may be similar to zoning districts (such as “Commercial, General). A use listed in the examples below is only permitted by zoning district in accordance with the use table in Sec. 5.1.
5.2.1. General
A. Approach to Categorizing Uses
1. The use categories found in the use table in Sec. 5.1, Use Table, are set forth in this section. Specific uses may be further defined in Article 17, Definitions.
2. Use Determination
a. If a use is not specifically set forth in the use category in this section the Planning Director, or designee, shall determine if the use is similar to a specific use in accordance with this section. Where such similar specific use is subject to limited use standards or special use permit approval, the proposed use shall also be subject to such standards or approval.
b. If the Planning Director, or designee, cannot determine a similar specific use, then the Planning Director shall determine the most appropriate use group of the six use groups identified in this section and paragraph 5.1.2, Use Table, (agricultural, residential, public and civic, commercial, office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products., or industrial) to apply the unspecified use.
(1) The same criteria in paragraph 5.2.1C, Use Not Specifically Listed, shall be used except for criteria #14.
(2) The unspecified use is allowed with approval of a minor special use permit pursuant to Sec. 3.9, Special Use Permit, in any zoning district where a specific use within that use group is permitted with a “P”.
B. Basis for Classifications
Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. categories classify land uses and activities based on common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, likely impact on surrounding properties, and site conditions. The use categories provide a systematic basis for assigning land uses to appropriate zoning districts.
C. Uses Not Specifically Listed
Determination of the appropriate use group and similar specific use shall be made by the Planning Director, or designee, in accordance with the criteria below. The following use information may be supplemented using NAICS codes as promulgated from time-to-time by the U.S. Census Bureau. The criteria below shall be used to determine both the appropriate group and category for a use not specifically listed in the use table or the examples in the use category descriptions, and whether a use is considered principal or accessory.
1. The actual or projected characteristics of the activity in relationship to the stated characteristics of each use category;
2. The relative amount of site area The minimum area required for a particular type of development. The site may then be divided into smaller lots. or floor space and equipment devoted to the activity;
3. Relative amounts of sales from each activity;
4. The customer type for each activity;
5. The relative number of employees in each activity;
6. Hours of operation;
7. Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. and site arrangement;
8. Types of vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. used and their parking requirements;
9. The relative number of vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. trips generated;
11. How the use is advertised;
12. The anticipated impact on surrounding properties;
13. Whether the activity is likely to be found independent of the other activities on the site; and
14. When considering appropriate districts for a use not listed in the use table, the district intent statements in Article 4, Zoning Districts, shall be taken into consideration.
D. Developments with Multiple Principal Uses
Developments Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. with multiple principal uses shall conform to the following:
1. When all principal uses of a development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. fall within one Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Category, the entire development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall be assigned to that Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Category;
2. When the principal uses of a development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. fall within different Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Categories, each principal use shall be classified in the applicable Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Category and each use shall be subject to all applicable regulations for that Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Category.
E. Principal Uses
1. The “Principal Uses” portion of each use category lists principal uses common to that use category. The names of these sample uses are generic and are based on common meanings, not on what a specific use may call itself.
Commentary: A use that calls itself “Wholesale Warehouse,” but sells mostly to retail consumers, is included in the Retail Sales and Service category rather than the Wholesale Trade category.
2. Facilities proposed in support of a principal use, including, but not limited to, parking, access, and stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. facilities, shall be considered part of the principal use and, unless otherwise authorized within this Ordinance, comply with the same zoning permissibility for the principal use per Sec. 5.1, Use Table. Connections to public utilities A business or service that provides the public with electricity, gas, water and sewer service, telephone or cable television service. A wireless communication facility, unless regulated as a public utility by State or federal regulations, shall not be considered a public utility. shall be excluded from this requirement.
Commentary: Parking for a school, for example, must be located within a zoning district that would allow for the school. If the zoning district had limited use standards and/or required a special use permit, the proposed parking must also comply with those requirements.
F. Accessory Uses
Accessory uses are allowed by right in conjunction with a principal use unless otherwise stated elsewhere in these regulations. Some listed accessory uses can also be considered accessory structures. No accessory use shall be established on a site without a principal use.
G. Uses Not Included
The “Uses Not Included” portion provides cross-references to uses that may appear to be part of a particular category, but that are explicitly handled in a different use category.
5.2.2. Agricultural Use Categories
5.2.3. Residential Use Categories
A. Household Living
B. Group Living
5.2.4. Public and Civic Use Categories
A. Community Service
B. Care Centers
C. Educational Facilities
Characteristics: Public and private (including charter or religious) schools at the primary, elementary, middle, junior high, or high school level that provide basic academic education. Also includes colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree usually in a campus setting. |
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Principal Uses |
Accessory Uses |
Uses Not Included |
Business, truck driving, vocational, trade and other commercial schools College, community college or university Nursing or medical school not accessory to a hospital An institution providing human health services primarily for in-patient medical and surgical care for the physically or mentally sick and injured and including related support facilities such as laboratories, out-patient departments, staff offices, food services, and gift shop. Public, private and charter schools Seminary
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Adult continuing education program Ancillary indoor storage Cafeteria or other food service Day care Dormitory Health facility Housing for students or faculty Maintenance facility Meeting area Play area, recreational or sports facility Support commercial, internal (college-operated bookstore, for example) |
Care Center as a primary use Dance, art, music or photographic studio or classroom (see Retail Sales and Service) Driving (see Retail Sales and Service) Martial Arts (see Retail Sales and Service)
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D. Government Facilities
E. Medical Facilities
Characteristics: Uses providing medical, mental health, or surgical care to patients. Some uses may offer overnight care. |
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Principal Uses |
Accessory Uses |
Uses Not Included |
Acupuncture, chiropractor, massage therapy office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. Blood plasma donation center Medical center |
Ancillary indoor storage Cafeteria Care Center Chapel, ancillary worship space Housing for staff or trainees Limited internal support retail Maintenance facility Meeting area Pharmacy Recreational facility |
Exclusive care and treatment for psychiatric, alcohol, or drug problems, where patients are residents (see Social Service Institutions) Nursing or medical school not accessory to a hospital An institution providing human health services primarily for in-patient medical and surgical care for the physically or mentally sick and injured and including related support facilities such as laboratories, out-patient departments, staff offices, food services, and gift shop. (see Educational Facilities)
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F. Parks and Open Areas
G. Passenger Terminal
Characteristics: Facilities for the takeoff and landing of airplanes and helicopters, and terminals for taxi, rail or bus service. |
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Principal Uses |
Accessory Uses |
Uses Not Included |
Bus terminal Rail passenger terminal |
Ancillary indoor storage Concession Freight handling area Fueling facility Limited internal retail Maintenance facility |
Park-and-ride facility (see Parking, Commercial) Taxi dispatch center (see Retail Sales and Service) |
H. Place of Worship
Characteristics: Places of assembly that provide meeting areas for religious practice. |
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Principal Uses |
Accessory Uses |
Uses Not Included |
Church, mosque, synagogue, or temple |
Ancillary indoor storage Columbaria, memorial garden Day care Food services, dining area, food pantry or meal center Meeting room/classroom for meetings or classes not held on a daily basis |
Athletic, tennis, swim or health club (see Retail Sales and Service) Educational facility (see Educational Facilities) Neighborhood arts center or similar community facility, public (see Community Service) Private community center (see Household Living: Accessory Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land.) Revival or gospel tent (see Sec. 5.5, Temporary Uses) Senior center (see Community Service) Social service facility (see Social Service Institution) Treatment center, transient lodging, shelter A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster. for the homeless (see Social Service Institutions) |
I. Social Service Institutions
J. Utilities
5.2.5. Commercial Use Categories
A. Indoor Recreation
B. Outdoor Recreation
C. Overnight Accommodations
Characteristics: Residential units arranged for short term stays of less than 30 days for rent or lease. |
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Principal Uses |
Accessory Uses |
Uses Not Included |
Hotel, motel, inn, extended-stay facility, bed and breakfast A state-regulated facility for overnight accommodations as defined under NCGS § 130A-247. establishment Diet House Residency or Single Room Occupancy Hotel |
Ancillary indoor storage Food preparation and dining facility Laundry facility Meeting facility Off-street parking Recyclable material storage (temporary) Swimming pool, other recreational facility |
Hunting/fishing camp, dude ranch (see Outdoor Recreation) Patient overnight accommodations (see Medical Facilities) Transient lodging, shelter A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster. for the homeless (see Social Service Institutions) |
D. Parking, Commercial
Characteristics: Facilities that provide parking not accessory to a specific use for which a fee may or may not be charged. |
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Principal Uses |
Accessory Uses |
Uses Not Included |
Short- or long-term stand-alone parking facility |
Bus barn (see Warehouse and Freight Movement) Sale or servicing of vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. (see Vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. Sales and Service) |
E. Restaurants
F. Retail Sales and Service
G. Self-Service Storage
Characteristics: Facilities providing separate storage areas for personal Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. or business use designed to allow private access by the tenant for storing or removing personal Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. property. |
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Principal Uses |
Accessory Uses |
Uses Not Included |
Mini-warehouse Multistory enclosed storage facility Storage garage |
Outside storage of boats and campers On-site recycling facility On-site residential unit for security purposes (single unit) |
Rental of light or medium trucks (see Vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. Sales and Service) Storage area used as manufacturing use (see Light Industrial Services) Storage area used for sales, service, and repair operations (see Retail Sales and Service) Transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred (see Warehouse and Freight Movement) |
H. Vehicle Sales
I. Vehicle Service
J. Office Use Categories
K. Research and Development
5.2.6. Industrial Use Categories
A. Light Industrial Service
B. Warehouse and Freight Movement
Characteristics: Firms involved in the storage or movement of goods for themselves or other firms. Goods are delivered to other firms or the final consumer with little on-site sales activity to customers. |
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Principal Uses |
Accessory Uses |
Uses Not Included |
Bulk storage Storage material in containers or tanks for sale to retail dealers, distributors, or outlets or for storage prior to disposal., including nonflammable liquids, feed and grain storage, cold storage plants, including frozen food lockers, household moving and general freight storage, separate warehouse used by retail store such as furniture or appliance store Bus barn Parcel See “Lot of record.” services Stockpiling of sand, gravel, or other aggregate materials Transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred |
Ancillary indoor storage Cafeteria Daycare Employee recreational facility Residential unit for security purposes (single unit) Truck fleet parking and maintenance area |
Bulk storage Storage material in containers or tanks for sale to retail dealers, distributors, or outlets or for storage prior to disposal. of flammable liquids (see Heavy Industrial) Mini-warehouse, multi-story enclosed storage facility, storage garages (see Self-Service Storage) Solid or liquid waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. transfer or composting (see Waste-Related Service) |
C. Waste-Related Service
Characteristics: Characterized by uses that receive solid or liquid wastes As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. from others for transfer to another location and uses that collect sanitary wastes As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. or that manufacture or produce A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms. goods or energy from the composting of organic material. |
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Principal Uses |
Accessory Uses |
Uses Not Included |
Animal waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. processing Landfill, incinerator Manufacture and production of goods from composting organic material Recyclable material storage, including construction material |
Ancillary indoor storage Off-street parking On-site refueling and repair Recycling of material Repackaging and shipment of by-products |
Stockpiling of sand, gravel, or other aggregate materials (see Warehouse and Freight Movement) |
D. Wholesale Trade
Characteristics: Firms involved in the sale, lease, or rent of products primarily intended for industrial, institutional, or commercial businesses. The uses emphasize on-site sales or order-taking and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited. Products may be picked up on-site or delivered to the customer. |
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Principal Uses |
Accessory Uses |
Uses Not Included |
Mail-order house Sale of building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant An establishment primarily engaged in the retail sale of food, where the sale of alcoholic drinks, such as beer, ale, wine, and liquor may also occur as a secondary function. Food and alcoholic drinks are primarily consumed on the premises where sold or in a designated social district; however, the take‐out of food & drink may occur, including to patrons who remain in vehicles. equipment, and store fixtures Wholesaling of food, clothing, auto parts, and building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. hardware |
Ancillary indoor storage Cafeteria Day care Minor fabrication services Product repair Repackaging of goods Residential unit for security purposes (single unit) Warehouse |
Store selling, leasing, or renting consumer, house or business goods, wholesale club (see Retail Sales and Service) Warehouse, freight movement (see Warehouse and Freight Movement) Warehouse or wholesale club (see Retail Sales and Service) |
E. Heavy Industrial
F. Resource Extraction
Characteristics: Characterized by uses that extract minerals and other solids and liquids from land. |
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Principal Uses |
Accessory Uses |
Uses Not Included |
Drilling for oil or natural gases Extraction of sand, gravel or minerals, borrow Fill material which is required for on-site construction and is obtained from other locations. pit Quarries |
Ancillary indoor storage Equipment storage |
Solid or liquid waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. transfer or composting (see Waste-Related Service) Stockpiling of sand, gravel, or other aggregate materials (See Warehouse and Freight movement) |