Summary of Zoning Provisions for Religious Institutions in Selected North Carolina Cities
The tables below summarize the principal zoning provisions affecting religious uses in selected North Carolina cities. The ordinance survey was conducted by Jenneane Bell. a law student at the University of Michigan, while working as a law clerk at the Institute of Government in the summer of 1997.
The tables are in two parts. The first table summarizes use restrictions and development standards. The second notes any exemptions or exceptions allowed for religious uses.
Following the tables are excerpts from the ordinance provisions of several local governments. They are arranged in alphabetical order.
| Municipality | Use Restriction | Developmental Standards/Permit Restrictions | Off-Street Parking Requirement |
|---|---|---|---|
| Charlotte | 1. Up to 750 seats13/28 Conditional use (residential) 10/28 use by right (institutional business, industrial) 2. 750-1,200 seats 3. More than 1,200 seats | Churches in residential areas are subject to a variety restrictions including: Maximum floor area ratio; minimum open space ratio; proximity restrictions for principle and accessory buildings; restrictions on the amount of space the offices associated with the business can occupy; buffer zone requirements for buildings, parking lots and recreational facilities depending upon size of institution; requirements that structures be set back from street, requirements that primary access not be provided by way of a residential local street; restrictions on location of offices, screening of parking, and display of merchandise. | One space per 4 seats. |
| Raleigh | General use, 24/26 districts Use not permitted in conservation management, reservoir watershed protection area overlay district and agricultural production districts. | In residential districts, site plan approval may be required depending on the intensity of the development. In the office and industrial districts, site plan approval is required. | One space for every eight seats in principle assembly room. |
| Greensboro | 14 use by right (commercial, industrial) 13 use subject to developmental standards (residential) | Developmental Standards In all residential districts churches located on sites of 3 acres or more shall have primary access to a collector or thoroughfare street. Churches in existence prior to July 1, 1992 are exempt from this requirement. 1 sign is permitted per lot. | On space for every four seats in main chapel. |
| Durham | Permitted in all 26 districts | In all districts except downtown commercial district there is a required buffer of 15 feet (as part of general buffer zone requirement for a variety of public and private uses). Use permit required in all residential districts when a church is located on a lots (or combination) which comprises one acre or more in total land. | One space for every five seats. |
| Fayetteville | 15/18 Use by right (commercial, residential) 3/18 Use not permitted, (1 professional, 2 industrial) | One space for every four seats in place of assembly. | |
| High Point | 14/26 use by right (commercial, industrial, public institutional) 12/26 use subject to developmental standards | Development Standards In all residential districts church facilities located on sites of 3 acres or more shall have primary access to a collector or thoroughfare street | One space for every four seats in main chapel. |
| Asheville | 6 Conditional use (residential) 8 Permitted use (commercial, office/institutional) | Requirements of churches that fall within conditional use districts: 1. Minimum lot size of one acre. | One space for every four seats in largest assembly room. |
| Wilmington | 5 of 19 use by right (commercial) 11 of 19 Special Use Permit required (residential, historic) | Requirements for special use permits: A. In residential areas: B. In commercial districts permitted use w/no seat limitations if located on a local street or minor or major thoroughfare. | One space for every three seats. |
| Municipality | Exemptions for Religious Institutions or Churches Signs | Historic | Landscape | Height | Other |
|---|---|---|---|---|---|
| Charlotte | None | None | None | None, specifically for churches; they may qualify through steeple exemption. | Accessory uses are governed by the other provisions of the underlying district and are forbidden if not permitted despite their association with religious uses (the code gave examples of television stations, sport complexes and printing presses). |
| Raleigh | None Church signs require special use permits in residential areas. | None | None | Not specifically, but they may qualify through cupola, pinnacle, or belfry exemption. | Church parking lots Lots used for the erection of a church building purchased by the church for that purpose filed on or prior to August 1950 are specifically exempt from off-street parking schedules. 10-2072 Religious shelter units (located on a religious site), though required to comply with all rooming house standards, are specifically regulated. |
| Greensboro | Informational boards for religious organizations (as well as schools, cemeteries) allowed w/out permit as long as no advertising is displayed. | None | None | Limits don't apply to churches (as part of general exemption for tall structures) | Billboards not allowed within 300 feet of any residentially zoned property or property containing a church. Flags , emblems or insignia of religious (corporate, education, civic educational, fraternal) do not require a permit. |
| Durham | None | None | None | Exception to requirements for church spires (along with domes, flagpoles, etc. ) | None |
| Fayetteville | Symbols for traditionally regarded religious organization) allowed w/out permit. | None | None | General height requirements don't apply to churches (nor schools hospitals, etc.). In residential and commercial neighborhoods specific exemptions for church spires (nor belfries, cupolas, monuments, water towers). | None |
| High Point | None | None | None | Yes, for churches (and belfries, domes, etc.) | None |
| Asheville | None, generally. Religious (fraternal, civic, etc.) flags, pennants or insignia are exempt from regulation. Temporary decorations commemorating religious (and local, national) holidays are exempt. | None | None | None | None |
| Wilmington | Yes, church, synagogue (and civic organization) signs do not require a permit | None | None | Yes, churches, temples (part of general exception for public and semi-public buildings) | Temporary use granted in all non-residential districts (except airport industrial district) for evangelist and religious-related congregation with a maximum time of 14 days. |
Text Provisions from Various Ordinances
Charlotte
[This ordinance is on-line at: http://www.municode.com/folio.pgi/10112.nfo/query=*/doc/{8242,0,0,0}?
Definitions:
Religious institution. A church, synagogue, temple, mosque, or other place of religious worship, including any accessory use or structure, such as a school, day care center, or dwelling, located on the same lot.
APPENDIX A ZONING*
PART 5: SPECIAL REQUIREMENTS FOR CERTAIN USES
Section 12.506. Religious institutions in residential districts
MINIMUM REQUIRED OFF-STREET PARKING SPACES, BY USE:
Religious institutions 1 space per 4 seats
Durham
[This ordinance is on-line at: http://www.ci.durham.nc.us/planning/zoneord/index.html]
Supplementary Requirements
7.28 Places of Worship
When allowed, churches and other places of worship shall be subject to the following additional requirements:
- In residential districts churches and other places of worship shall have adequate lot size to meet the yard requirements of the zoning district in addition to the area used to meet parking requirements. Yard space may not be counted toward required parking spaces.
- The parking lot landscaping standards found elsewhere in this ordinance apply.
- Belfries or steeples shall be exempt from the height requirement.
- At site plan approval, additional conditions may be imposed to protect nearby property from any detrimental effects due to traffic, noise or other factors.
Table of Permitted Uses:
Place of Worship:
Buffer Intensity Classification: 2
Permitted Use in the Following Districts:
MU
O&I-1
O&I-2
NC
SC
GC
CBD
I-1
Requires a Minor Use Permit in the Following Districts:
RD
R-20
R-15
R-10
R-8
R-5
R-3
RM
PDR
Winston-Salem/Forsyth County Unified Development Ordinance
[This ordinance is on-line at: http://www.municode.com/folio.pgi/stdobject/buttoni.gif/13150.nfo?84,18]
2-5.17 CHURCH OR RELIGIOUS INSTITUTION, COMMUNITY SCALE
(A) Access
The site shall have direct access to a major or minor thoroughfare or a collector street.
(B) Impervious Surface Cover
In RS Districts, impervious surface cover for all church or religious institution property within the block of the principal building shall not exceed sixty percent (60%), however impervious surface cover in the RS and IP Districts may be increased to seventy-five percent (75%) with staff approval of a landscaping plan which demonstrates greater tree canopy coverage of parking area by doubling the planting ratio of Section 3-4.3(C)(4) and reducing by at least one-half the spacing requirements of Section 3-4.3(C)(5). In other districts, churches are subject to the impervious surface cover requirements of the underlying zone.
(C) Bufferyard
All buildings and parking areas on site shall be buffered by a type I bufferyard, as described in Section 3-5, from adjacent residentially zoned property.
(D) Parking
Off-site parking may be used to meet up to fifty percent (50%) of on-site parking requirements upon recommendation of the City Department of Transportation regarding the safety of potential on-street parking. A special use permit from the Board of Adjustment is required.
2-5.18 CHURCH OR RELIGIOUS INSTITUTION, NEIGHBORHOOD SCALE
(A) Impervious Surface Cover
In RS Districts, impervious surface cover for all church or religious institution property within the block of the principal building shall not exceed sixty percent (60%), however impervious surface cover in the RS and IP Districts may be increased to seventy-five percent (75%) with staff approval of a landscaping plan which demonstrates greater tree canopy coverage of parking areas by doubling the planting ratio of Section 3-4.3(C)(4) and reducing by at least one-half the spacing requirements of Section 3-4.3(C)(5). In other districts, churches are subject to the impervious surface cover requirements of the underlying zone.
(B) Buffering of Parking Areas
All parking areas on site shall be buffered by a type I bufferyard, as described in Section 3-5, from adjacent residentially zoned property.
(C) Parking
Off-site parking may be used to meet up to fifty percent (50%) of on-site parking requirements, upon recommendation of the City Department of Transportation regarding the safety of potential on-street parking. A special use permit from the Board of Adjustment is required.
Raleigh
The Raleigh zoning ordinance is on line at: http://www.municode.com/folio.pgi/10312.NFO?
Definitions:
Religious shelter unit. A transitional housing area within an existing church or synagogue complex which is employed for temporary housing, counseling, education and referral services for the temporary residents.
CUP standards:
Religious shelter units shall meet all of the following:
- The facility shall comply with all the rooming house standards in §10-6023 of this Code.
- The facility is an accessory use to the church or synagogue and occupies a floor area of no more than ten (10) per cent of the floor area gross in any one religious complex.
- It houses no more than twelve (12) residents at any one time provided that a minimum floor space of one hundred (100) square feet suitable for shelter is provided for each person sheltered.
- No individual or family resides in the religious shelter unit for a period longer than eighteen (18) months, and no person or family shall be readmitted until at least fourteen (14) days have elapsed from the last residency at the shelter.
- It is located in a church or synagogue which is established on the site for a period of one (1) year or longer.
- It provides an employee or volunteer to maintain continuous on-site supervision of the religious shelter unit.
- To prevent the creation of a defacto social service district, no more than one (1) religious shelter unit shall be located in any three-quarter (3/4) mile radius (determined by a straight line and not street distances).
- Prior to the establishment of the religious shelter unit a permit is issued by the zoning inspector.
- It is not located within a primary reservoir watershed protection area, or an Airport Overlay District.
Sec. 10-2076. HEIGHT REGULATIONS AND EXCEPTIONS.
(a) Schedule of Zoning District Height Standards.
(c) Exceptions.
(1) Steeple.
Church steeples may be erected to a height not to exceed two hundred (200) feet, measured from the average natural ground elevation.
Sec. 10-2081. OFF-STREET PARKING STANDARDS AND EXCEPTIONS.
(c) Exceptions and Modifications.
(1) Church parking lots.
Any lots used for the erection of a church building purchased by a church for that purpose and the purchase thereof as evidenced by a deed to the church or to the trustee or other proper officers thereof (in their representative capacity) filed for registration in the office of the register of deeds of Wake County on or prior to the fifteenth day of August, 1950, are specifically exempted from the off-street parking requirements as set forth in the Schedule of Off-Street Parking Schedules.
