RE-NEW BERN
A 21ST CENTURY CODE
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This page provides answers to some basic questions about the Re-New Bern LUO project. This page will be modified as new questions arise over the course of the project. If you have a question that is not answered below, please pose your question in the textbox at the bottom of the page and include your email if you would like a City staff member to respond. If enough people ask the same or similar question it will be added to this list of FAQs.
01 WHAT IS THE RE-NEW BERN PROJECT?
The Re-New Bern LUO project is an effort undertaken by New Bern, with assistance from CodeWright Planners, Aetatis Consulting, McAdams, and TideWater Associates, to prepare an updated Land Use Ordinance (“LUO”) and new Official Zoning Map to implement the City’s adopted policy guidance and to establish new development rules and procedures. The updated LUO is expected to bring greater procedural clarity and predictability to the development review process, easier administration, greater environmental protection, a wider range of housing choices, and increased development quality. The project includes testing of the draft regulations, a new procedures manual and digital application forms, and a comprehensive training program for City staff following adoption.
The City’s current Land Use Ordinance is comprised of several constituent parts, most of which were initially adopted 40 or more years ago. While the City’s development regulations have been amended many times over the years, there has not been a comprehensive review and revision to the LUO as a whole. The Re-New project seeks to re-make the City’s development rules as a modern, forward-looking document that incorporates best practices, speaks with one voice, is clear and predictable, and encourages higher quality development.
02 WHY IS THE PROJECT CALLED RE-NEW BERN?
The Re-New Bern project is focused on making the City’s development regulations and development application review process more efficient, transparent, and predictable. The project has the following 8 goals:
1. Make the regulations more user-friendly
2. Enhance graphic communication
3. Ensure efficient and predictable development review processes
4. Add incentives and flexibility
5. Raise the bar for development quality
6. Promote sustainable development patterns
7. Provide more housing options
8. Modernize the land uses and zoning map
A Land Use Ordinance (or “LUO”) is a set of laws that governs the use of land within the New Bern city limits and extraterritorial jurisdiction. The LUO controls what kinds of land uses may be permitted in what locations, the process used by an applicant to establish the allowable use type, and the rules for how the use can be operated. The City’s current LUO may be reviewed at: https://library.municode.com/nc/new_bern/codes/code_of_ordinances (scroll down to Appendix “A”).
03 WHAT ARE THE PROJECT GOALS FOR RE-NEW BERN?
04 WHAT IS A LAND USE ORDINANCE?
05 WHAT IS A BASE ZONING DISTRICT?
A Base Zoning District is a specific area within a City that is subject to a set of zoning regulations that dictate how land within that district can be used and developed. These districts establish the general guidelines for land use, including the types of buildings allowed (residential, commercial, industrial, etc.), the height of buildings, setbacks, and other land use characteristics. The base zoning districts are the foundation of the Land Use Ordinance (LUO), with each district having its own set of rules and regulations. The image to the right shows a portion of New Bern’s Zoning Map.
06 WHAT IS AN OVERLAY ZONING DISTRICT?
An overlay zoning district is a type of zoning regulation that is applied on top of a base zoning districts to address specific needs or concerns in a particular area. It adds an additional layer of rules and restrictions to the base zoning to achieve a specific purpose, such as preserving historical sites, protecting the environment, encouraging certain types of development, or enhancing the character of a neighborhood. New Bern has at least eight overlay districts in addition to its base zoning districts. One of the main objectives for the Re-New Bern project is to simplify the city’s approach to overlay districts while still maintaining the development standards. The image to the right shows several of the City’s current zoning overlays.
07 WHAT IS THE DIFFERENCE BETWEEN A LOCAL HISTORIC DISTRICT AND NATIONAL REGISTER HISTORIC DISTRICT?
In the United States, there are two types of designations to recognize historic resources: National Register of Historic Places and Local Designations (Local Historic Districts and Local Landmarks).​
Local Historic Districts are designated by the City and local zoning ordinances and historic provisions govern those districts. Any property in a local historic district is subject to strict guidelines or review processes for exterior alterations, demolitions, or new construction. Homeowners must often apply for a Certificate of Appropriateness before making changes to the exterior of their property, even for minor alterations to ensure character of the district is maintained. ​
A National Register Historic District is designated at the federal level by the National Park Service (NPS) through the Department of the Interior, and it is part of the National Register of Historic Places. This district is recognized as historically significant, but the designation itself does not impose any restrictions on private property owners. Listing in the National Register is mostly an honor but does offer some protection from adverse impacts caused by federal and state-funded projects. In addition, North Carolina General Statues (NCGS) permit the City to impose building design elements in a National Register Historic District.
08 WHAT IS THE DIFFERENCE BETWEEN THE CURRENT PLANNED UNIT DEVELOPMENT PROCESS AND THE PROPOSED CONDITIONAL REZONING PROPOSED IN THE LUO UPDATE?
The purpose of a Planned Unit Development (PUD) is to provide flexibility in land use and design, incorporating a mix of uses and standards through voluntary conditions. A PUD allows for deviations from standard zoning regulations, promoting a more customized approach to development. Conditional Zoning, which similarly offers flexibility, involves imposing conditions or restrictions that enable deviations or reductions from the standard zoning requirements. Unlike a PUD, Conditional Zoning does not mandate a minimum parcel size, making it applicable to a wider range of projects.
There are two primary types of proposed conditional districts for the new Bern LUO: limited and unlimited. A limited conditional district restricts the range of allowable uses to a specific number or types (e.g., one or two), offering more control over land use. An unlimited conditional district, on the other hand, not only can limit the range of uses but also allows for deviations from other applicable district regulations, use provisions, or development standards
09 WILL THE ZONING ON MY PROPERTY CHANGE, AND HOW WILL I KNOW?
New names to the current districts are being proposed in addition to new base districts are proposed based on an analysis of the current districts' alignment with the adopted City plans and the similarities between the existing districts. As a result, most of the current zoning districts in the City’s corporate limits and its Extraterritorial Jurisdiction (ETJ) will be updated to reflect the new names. There may also be some minor changes in how particular uses are decided in some zoning districts. Public notification will be provided for the proposed rezoning in accordance with State law, and a public hearing will be held before the Board of Aldermen. The project website is a great place to check for project status. You can leave your email address on the website to sign up for project news and updates.
10 WHAT IS THE CITY'S ADOPTED POLICY GUIDANCE?
The City’s adopted policy guidance is a set of adopted documents that identify the City’s shared vision and direction for the future. While adopted policy guidance like a land use plan is required by State law for local governments seeking to apply zoning controls, adopted policy guidance is advisory in nature. The primary pieces of adopted land use policy guidance in New Bern are 2010 Regional CAMA plan and the 2022 Updated Land Use Plan. These documents express the City’s vision for its future in terms of land use and outlines the goals and actions necessary to realize this vision. Also included in the adopted policy guidance is the 2022 Bicycle and Pedestrian Plan and the Historic Preservation Plan. The City also has numerous other small area plans that provide detailed guidance for designated portions of the City. Copies of the 2010 Regional CAMA Plan and other policy guidance documents are available under the Documents tab of this webpage.
11 WHY IS THE CITY DOING THIS PROJECT NOW?
The City’s adoption of its updated Land Use Plan in 2022, coupled with a wide variety of recent statutory changes at the State level, and significant growth taking place throughout the Inner Banks, make it a perfect time to bring the City’s rules into alignment with its goals for future development, current legislation, and best practices in land development regulation. New Bern has a variety of different characters or development contexts, like the historic core, the rapidly urbanizing suburbs, forestlands, and the rural extraterritorial jurisdiction – the City’s development regulations need to be calibrated to recognize these different contexts.
12 WHAT ARE THE STEPS IN THE PROCESS?
Re-New Bern has 12 tasks in the process over a 24-month period wrapping up in December, 2025 or early 2026. The project is designed to allow numerous opportunities for interaction with the public and interested individuals, particularly with respect to any Zoning Map changes. A detailed project schedule is available under the Participate tab.
13 HOW LONG WILL THE PROJECT TAKE?
The Re-New Bern project is projected to take around 24 months to complete (though it may take longer if the community feels the need to go into deeper discussion about the proposed regulations during the adoption process). The image below provides an approximate timetable for the project.
14 HOW CAN I GET MORE INVOLVED?
The Land Use Ordinance update includes a series of public forums at key stages in the process, such as the review of the Annotated Outline, the review of the Initial Draft Text and Zoning Map, and the review of the Revised Draft Text and Zoning Map. Additionally, office hours are available for anyone who wishes to meet with the consulting team during their trips to New Bern. To learn more about upcoming participation opportunities, visit www.re-newbern.com/participate. To schedule a meeting with members of the consulting team during their visits to New Bern, email Robert Gough at gough.robert@newbernnc.gov or call 252-639-7585.