OCTOBER MEETING AGENDA PACKET
NEW HANOVER COUNTY
PLANNING BOARD AGENDA
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301 Wilmington, NC 28401
Members of the Board
Donna Girardot, Chair | Paul Boney, Vice-Chair
Thomas 'Jordy' Rawl | Ernest Olds | Jeffrey B. Petroff | H. Allen Pope | Colin J. Tarrant
Wayne Clark, Director of Planning & Land Use | Ken Vafier, Planning Manager
OCTOBER 1, 2020 6:00 PM
MEETI NG CALLED TO ORDER (Chair Donna Girardot)
PLEDGE OF ALLEGIANCE (Planning Manager Ken Vafier)
APPROVAL OF MINUTES
REGULAR ITEMS OF BUSINESS
The Planning Board may consider substanal changes in these peons as a result of objecons, debate,
and discussion at the meeng, including rezoning to other classificaons.
1 Public Hearing
Rezoning Request (Z20-18) – Request by Trask Land Company, I nc. on behalf of the property
owner, TF Holdings Limited Partnership, to rezone approximately 158.65 acres of land located at
the northeast quadrant of the interchange of Interstate 40 and Interstate 140 from I-1, Light
Industrial District, and R-15, ResidenCal District, to RMF-L, ResidenCal MulC-Family Low Density
District, and R-5, ResidenCal Moderate-High Density District.
2 Public Hearing
Rezoning Request (Z20-19) – Request by Trask Land Company, I nc. on behalf of the property
owner, TF Holdings Limited Partnership, to rezone approximately 350.01 acres of land located at
the southeast quadrant of the interchange of Interstate 40 and Interstate 140 from I-2, Heavy
Industrial District, and R-15, ResidenCal District, to R-10, ResidenCal District.
3 Quasi-Judicial Hearing
Special Use Permit ModificaCon Request (Z17-08M) – Request by the Lee Kaess, PLLC on behalf
of the property owner, McAdams Homes, LLC, to modify the Special Use Permit for the Landing
at Lewis Creek Estates to allow 18 addiConal single-family lots within the development.
4 Public Hearing
Text Amendment Request (TA20-02)-Request by New Hanover County to amend ArCcles 2, 3, 4,
5, 6, and 8 of the Unified Development Ordinance to update the county's tree retenCon
standards, standardize and coordinate open space requirements, modernize setback and
residenCal height requirements, refine landscaping and buffering standards, update parking
standards, provide for clear and consistent use permissions and standards, and add Erosion and
SedimentaCon Control ordinance provisions.
Planning Board - October 1, 2020
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 10/1/2020
Regular
DEPARTMENT: Planning PRESENTER(S): Ken Vafier, Planning Supervisor
CONTACT(S): Ken Vafier; Wayne Clark, Planning & Land Use Director
SUBJECT:
Public Hearing
Rezoning Request (Z20-18) – Request by Trask Land Company, Inc. on behalf of the property owner, TF Holdings
Limited Partnership, to rezone approximately 158.65 acres of land located at the northeast quadrant of the
interchange of Interstate 40 and Interstate 140 from I-1, Light Industrial District, and R-15, ResidenAal District, to
RMF-L, ResidenAal MulA-Family Low Density District, and R-5, ResidenAal Moderate-High Density District.
BRIEF SUMMARY:
The applicant is proposing to rezone approximately 158.65 acres of land located at the northeast quadrant of the
interchange of I-40 and I-140 from I-1 and R-15 to RMF-L and R-5. The property is a por3on of approximately 509
acres owned by the applicant on the northeast and southeast quadrants of the interchange.
Under the County's performance residen3al standards, the residen3ally zoned area of the site would be permi8ed up
to 242 dwelling units at a density of 2.5 du/ac as currently zoned, while the industrially zoned area could poten3ally
accommodate up to 296,000 square feet of light industrial space. The proposed RMF-L district could poten3ally allow
up to 966 units at 10 du/ac, while the R-5 district could allow allow up to 496 units at 8 du/ac. The 1,462 total
poten3al units is an increase of 1,220 units more than the site can currently accommodate by-right. However, with the
requested zoning change, the site will no longer be able to be developed with a variety of light industrial,
manufacturing, and commercial uses.
It is es3mated the site would generate about 277 AM and 315 PM peak hour trips if developed under the parameters
of the current zoning districts. Development under the proposed RMF-L and R-5 districts could increase the es3mated
number of peak hour trips by approximately 350 trips in the AM peak and 435 trips in the PM peak compared to those
poten3ally generated under the exis3ng zoning.
Although Traffic Impact Analyses are not required for a straight rezoning, the Technical Review Commi8ee will review
all plans for compliance with applicable land use regula3ons, including any recommended roadway improvements from
traffic impact analyses to ensure adequate traffic safety and distribu3on. Recommended roadway improvements will
be completed as required by a TIA or through the NCDOT Driveway permiBng process.
Using a generalized historic student genera3on rate, development within the proposed zoning districts can be
es3mated to generate 351 (161 elementary, 73 middle, and 117 high) students, which is approximately 293 more than if
developed under exis3ng zoning. County Planning staff has worked with Schools staff to analyze recent trends related
to development pa8erns and student genera3on. From 2015 to 2019, student enrollment remained at a generally
stable rate of just over 27,000 students enrolled despite the issuance of approximately 11,000 permits for new
residen3al units throughout the en3re county. Using the generalized historic student genera3on rate, staff would
es3mate about 3,000 students generated from the new units over the 5-year period. However, this increase is not
reflected in the enrollment data. As a result, recent trends indicate new residen3al development may be genera3ng
Planning Board - October 1, 2020
ITEM: 1
much less student popula3on than in the past and the student genera3on es3mates may be much greater than actual
student growth.
The site is adjacent to interstate corridors on its western and southern boundaries, and much of the neighboring
property is undeveloped with the excep3on of the northeastern boundary, which is developed with single-family
a8ached dwelling units. While the surrounding area was zoned for low density housing in the 1970s, the 2016
Comprehensive Plan recommends a mixture of higher density housing and commercial uses along the Sidbury Road
corridor.
The 2016 Comprehensive Plan classifies the site as Community Mixed Use. The proposed RMF-L and R-5 zoning is
generally CONSISTENT with the 2016 Comprehensive Plan because the densi3es and uses allowed in these districts
are more in line with the densi3es and uses recommended for Community Mixed Use areas than the exis3ng zoning.
These districts would allow for the development pa8ern and diverse housing op3ons recommended for this area and
would provide an orderly transi3on from a major road corridor to areas zoned for lower density housing.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth & Economic DevelopmentEncourage development of complete communi3es in the unincorporated
countyEnsure NHC has appropriate housing to support business growth
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval and suggests the following mo3on:
I move to recommend APPROVAL of the proposed rezoning to a RMF-L and R-5 district. I find it to be CONSISTENT
with the purposes and intent of the Comprehensive Plan because these districts are more in line with the densi3es and
uses recommended for Community Mixed Use areas than the exis3ng zoning and would allow for the diverse housing
op3ons recommended for this area. I also find recommending APPROVAL of the rezoning request is reasonable and
in the public interest because it would allow for the desired development pa8ern in this area and provide an efficient
use of land between the interstate highway and CFCC Growth Node to the west, and the exis3ng residen3al districts
and future Community Mixed Use development along Sidbury Road to the east.
Example MoAon for Denial
I move to recommend DEN IAL of the proposed rezoning to a RMF-L and R-5 district. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because these districts are more in line with
the densi3es and uses recommended for Community Mixed Use areas than the exis3ng zoning and would allow for the
diverse housing op3ons recommended for this area, I find recommending DENIAL of the rezoning request is
reasonable and in the public interest because the proposal is not consistent with the desired character of the
surrounding community and the density will adversely impact the adjacent areas.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - October 1, 2020
ITEM: 1
SCRIPT for Zoning Map Amendment Application (Z20-18)
Request by Trask Land Company, Inc., on behalf of the property owner, TF Holdings Limited
Partnership, to rezone approximately 158.65 acres of land located at the northeast quadrant of the
interchange of I-40 and I-140, from I-1, Light Industrial District, and R-15, Residential District to RMF-
L, Residential Multi-Family Low Density District, and R-5, Conditional Community Business District.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for
rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’s presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s rebuttal (up to 5 minutes)
e. Opponent’s rebuttal (up to 5 minutes)
3. Close the public hearing
4. Board discussion
5. Vote on the application. The motion should include a statement saying how the change is, or
is not, consistent with the land use plan and why approval or denial of the rezoning request is
reasonable and in the public interest.
Example Motion of Approval
I move to recommend APPROVAL of the proposed rezoning to a RMF-L and R-5 district. I find it
to be CONSISTENT with the purposes and intent of the Comprehensive Plan because these districts
are more in line with the densities and uses recommended for Community Mixed Use areas than the
existing zoning and would allow for the diverse housing options recommended for this area. I also
find recommending APPROVAL of the rezoning request is reasonable and in the public interest
because it would allow for the desired development pattern in this area and provide an efficient
use of land between the interstate highway and CFCC Growth Node to the west, and the existing
residential districts and future Community Mixed Use development along Sidbury Road to the east.
Planning Board - October 1, 2020
ITEM: 1 - 1 - 1
Example Motion of Denial
I move to recommend DENIAL of the proposed rezoning to a RMF-L and R-5 district. While I
find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because
these districts are more in line with the densities and uses recommended for Community Mixed
Use areas than the existing zoning and would allow for the diverse housing options
recommended for this area, I find recommending DENIAL of the rezoning request is reasonable
and in the public interest because the proposal is not consistent with the desired character of
the surrounding community and the density will adversely impact the adjacent areas.
Alternative Motion for Approval/Denial:
I move to recommend [Approval/Denial] the proposed rezoning to an RMF-L and R-5 district.
I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan
because [insert reasons]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
I also find recommending [Approval/Denial] of the rezoning request is reasonable and in the
public interest because [insert reasons]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Planning Board - October 1, 2020
ITEM: 1 - 1 - 2
Z20-18 Staff Report 10.1.2020 Page 1 of 18
STAFF REPORT FOR Z20-18
ZONING MAP AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: Z20-18
Request:
Rezoning to RMF-L and R-5 districts
Applicant: Property Owner(s):
Trask Land Company, Inc. TF Holdings Limited Partnership
Location: Acreage:
NE quadrant of interchange of I-40 and I-
140 158.65
PID(s): Comp Plan Place Type:
Portion of R02700-001-002-000 north of I-
140 Community Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped The property would be allowed to be developed
in accordance with the RMF-L and R-5 districts
Current Zoning: Proposed Zoning:
I-1, Light Industrial and R-15, Residential RMF-L, Residential Multi-Family Low Density and
R-5, Residential Moderate-High Density
SURROUNDING AREA
LAND USE ZONING
North Undeveloped, Institutional (SEA-Tech) R-15
East Single-Family Residential, Undeveloped R-15
South I-140 Right-of-Way N/A
West Undeveloped, I-40 Right-of-Way R-15, N/A
Planning Board - October 1, 2020
ITEM: 1 - 2 - 1
Z20-18 Staff Report 10.1.2020 Page 2 of 18
ZONING HISTORY
July 7, 1972 Initially zoned R-15 (Areas 8A, 8B)
August 2, 1999 85.15 acres zoned I-1via Z-674. Acreage subsequently decreased
slightly by I-140 right-of-way acquisition.
COMMUNITY SERVICES
Water/Sewer
Not currently available through CFPUA, however it is anticipated to be
served by CFPUA via extension of services along Sidbury Road at time of
development.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Station Castle Hayne
Schools Castle Hayne Elementary, Holly Shelter Middle, and Laney High schools
For more information, see the Schools section of this report.
Recreation Northern Regional Park, Blue Clay Bike Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
Planning Board - October 1, 2020
ITEM: 1 - 2 - 2
Z20-18 Staff Report 10.1.2020 Page 3 of 18
APPLICANT’S PROPOSAL
This application proposes to rezone 158.65 acres from I-1 (approximately 62.01 acres)
and R-15 (approximately 96.64 acres) to RMF-L and R-5.
The western 62.01 acres would be rezoned from I-1 to R-5, and the eastern 96.64 acres
would be rezoned from R-15 to RMF-L.
Proposed Zoning Districts with Respective Acreage
The I-1 zoning was approved by the Board of Commissioners in 1999 as part of a larger
rezoning that included land south of the current location of I-140. The property was split
once right-of-way was acquired by NCDOT, and the portion south of the alignment was
zoned I-2.
According to the applicant, the proposed zoning will allow for the provision of a range of
housing types for future development in a land use pattern that is more consistent with the
2016 Comprehensive Land Use Plan.
ZONING CONSIDERATIONS
Under the County’s performance residential standards, the current residentially zoned
portion of the property (R-15/96.64 acres) could allow up to 242 dwelling units at a
maximum density of 2.5 du/ac.
The current R-15 area of the subject property is proposed to be rezoned to RMF-L. This
could yield a potential maximum of 966 dwelling units at a density of 10 dwelling units
per acre.
Planning Board - October 1, 2020
ITEM: 1 - 2 - 3
Z20-18 Staff Report 10.1.2020 Page 4 of 18
The portion of the property zoned I-1 (approximately 62.01 acres) is generally estimated
to support approximately 296,000 square feet of traditional light industrial uses (assembly,
fabrication, packaging, and transport) based on a typical 10% building area for this type
of zoning. For comparison, the acreage of the I-1 area is similar to the area of Dutch Square
from N Green Meadows Drive to Judges Road.
The acreage currently zoned I-1 is proposed to be rezoned to R-5. If developed at the
maximum density of 8 units per acre, this could yield a potential maximum of 496 dwelling
units.
Based on the allowable densities of the proposed districts, a maximum of 1,462 potential
dwelling units may be accommodated on the 158.65-acre site.
Although there are a limited number of civic, institutional, educational, and recreational
uses permitted by-right in the RMF-L and R-5 districts, the typical development pattern in
these districts do not include such uses. Any proposed non-residential use would be subject
to the applicable site design and approval provisions within the UDO.
Residential
Industrial/Commercial
Typical Development
under Current Zoning:
R-15:242 Dwelling Units
I-1: 296,000 sf
Typical Development
under Proposed Zoning:
RMF-L: 966 Dwelling Units
R-5: 496 Dwelling Units
Total: 1,462 Dwelling Units
None
Net Change: + 1,220 Dwelling Units - 296,000 sf
Planning Board - October 1, 2020
ITEM: 1 - 2 - 4
Z20-18 Staff Report 10.1.2020 Page 5 of 18
TRANSPORTATION
The site is accessed by Sidbury Road, an NCDOT maintained collector road.
Traffic Impact Analyses are not required for a straight rezoning, as a specific development
proposal is required to thoroughly analyze access, potential trip generation, and roadway
improvements.
Before any development can occur on this site, the Technical Review Committee will review
all plans for compliance with applicable land use regulations, including any recommended
roadway improvements from traffic impact analyses to ensure adequate traffic safety and
distribution. Recommended roadway improvements will be completed as required by a TIA
or through the NCDOT Driveway permitting process.
AREA SUBDIVISIONS UNDER DEVELOPMENT
Planning Board - October 1, 2020
ITEM: 1 - 2 - 5
Z20-18 Staff Report 10.1.2020 Page 6 of 18
The portion of the site currently zoned R-15 would be permitted a maximum of 242 dwelling
units under the performance zoning standards, which is estimated to generate about 177
AM and 237 PM peak hours. The trips generated from existing I-1 portion of the property
would vary based on the proposed uses within this district. If this portion of the site was
developed with a typical approximate 10% building footprint, approximately 296,000 sf
of light industrial uses or comparable development could be built and is estimated to
generate about 100 AM and 78 PM peak hours. The total number of potential trips
generated under the current zoning districts is approximately 277 AM and 315 PM peak
hour trips.
Under the proposed zoning districts, 1,462 dwelling units could potentially be constructed
on the site, which is estimated to generate about 627 trips in the AM and 750 trips in the
PM peak hours, likely over a longer-term phased development.
If developed at the maximum density for the RMF-L and R-5 districts, the proposal could
generate approximately 350 AM peak hour trips and 435 PM peak hour trips more than
if developed as currently zoned.
Planning Board - October 1, 2020
ITEM: 1 - 2 - 6
Z20-18 Staff Report 10.1.2020 Page 7 of 18
Intensity Approx. Peak Hour Trips
Existing Development: Undeveloped 0 AM / 0 PM
Typical Development under
Current Zoning:
R-15: 242 single-family
homes
I-1: 296,000 sf
General Light Industrial
(ITE-110)
TOTAL:
177 AM / 237 PM
100 AM / 78 PM
277 AM / 315 PM
Potential Trip Generation
under Proposed Zoning:
RMF-L: 966 units
70% Apts – 676
15% Townhomes – 145
15% SFD – 145
R-5: 496 performance units
Townhomes
TOTAL:
233 AM / 277 PM
68 AM / 82 PM
108 AM / 145 PM
218 AM / 246 PM
627 AM / 750 PM
Potential Net Change under
Proposed Zoning: – + 350 AM / + 435 PM
Sidbury Crossing, a proposed development consisting of 288 multi-family units located to
the north of the subject property off Dairy Farm Road, was recently considered and
recommended for approval by the Planning Board. That request is scheduled to be
considered by the Board of Commissioners at the October 5, 2020 meeting.
A recent Traffic Impact Analysis (TIA) completed for Sidbury Crossing (that does not
include this subject proposal) can help provide general information on the Levels of
Service (LOS) of nearby intersections in the area. The TIA studied the intersections of
Dairy Farm Road at Sidbury Road, Blue Clay Road at Sidbury Road, and N College Road
at Blue Clay Road.
The Sidbury Crossing TIA found that the intersections of Dairy Farm Road at Sidbury Road
and Blue Clay Road at Sidbury Road are expected to remain at an acceptable LOS with
adequate capacity to accommodate the trip generation from development of the subject
rezoning request.
However, according to the TIA, the intersection of N College Road at Blue Clay Road is
expected to see a decrease in LOS to below acceptable levels with increased delays,
most notably on the eastbound left turn movement from Blue Clay Road to N College
Road. Any improvements required to mitigate impacts to this intersection directly related
to the subject property would be addressed at the time of an actual development
proposal on this site.
In addition to the Sidbury Crossing TIA information, staff has provided the volume to
capacity ratio for roadways in the vicinity of the subject site. While volume to capacity
ratio, based on average daily trips, can provide a general idea of the function of
adjacent roadways, the delay vehicles take in seconds to pass through intersections is
Planning Board - October 1, 2020
ITEM: 1 - 2 - 7
Z20-18 Staff Report 10.1.2020 Page 8 of 18
generally considered a more effective measure when determining the Level of Service of
a roadway.
The most recent traffic counts in the area indicate capacity currently exists on the Sidbury
Road corridor.
NCDOT Average Annual Daily Traffic (AADT) - 2018
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Road Location Volume Capacity V/C
Sidbury Road 5400 Block (east of Dairy Farm
Road) 4,200 12,500 0.34
Planning Board - October 1, 2020
ITEM: 1 - 2 - 8
Z20-18 Staff Report 10.1.2020 Page 9 of 18
Nearby Traffic Impact Analyses:
Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards.
Approved analyses must be re-examined by NCDOT if the proposed development is not completed by
the build out date established within the TIA.
Proposed Development Land Use/Intensity* TIA Status
1. Sidbury Crossing 320 Apartments
Approved August 17, 2020
Full Build 2024
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Installation of southbound and westbound turn lanes; extension of eastbound turn lane at
Dairy Farm Road and Sidbury Road.
Realignment of the intersection of Blue Clay Road and Sidbury Road.
Installation of westbound turn lane, extension of westbound turn lane, and signal
modification at N College Road and Blue Clay Road.
Nearby Proposed Developments included within the TIA:
Cape Landing
Sidbury Farms
Development Status: Conditional rezoning request scheduled to be heard at October 5,
2020 Board of Commissioners meeting.
Proposed Development Land Use/Intensity TIA Status
2. Cape Landing 126 single-family
Approved December 21,
2017
2021 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Extension of the existing eastbound left-turn lane at Blue Clay Road and N. College Road.
Nearby Proposed Developments included within the TIA:
None
Development Status: Phase 1 is nearing completion with approximately 55 homes being
constructed and occupied. Roadway improvement will be required with Phase 2 of
development.
Planning Board - October 1, 2020
ITEM: 1 - 2 - 9
Z20-18 Staff Report 10.1.2020 Page 10 of 18
Proposed Development Land Use/Intensity TIA Status
3. Sidbury Farms 655 single-family dwellings
103 townhomes
Approved February 12,
2020
Build Out Years:
o 2024 – 258 SFDs
o 2029 – 421 SFDs, 59
townhomes
2034 – Full Build
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Installation of right and left turn lanes at the site’s access points on Sidbury Road (Phase
1).
Installation of southbound right turn lane and westbound right turn lane, and extension of
the westbound left turn lane and northbound right turn lane at the intersection of N.
College and Blue Clay Road (Phase 2).
Installation of a roundabout at Sidbury Road and Blue Clay Road (Phase 2).
Installation of a southbound left turn lane at Dairy Farm Road and Sidbury Road (Full
Build)
Nearby Proposed Developments included within the TIA:
Scott’s Hill Medical
Blake Farms
Scott’s Hill Village
Cape Landing
Coastal Prep Academy
Development Status: Construction plans for Phase 1 are currently under review.
SCHOOLS
Students generated from this development would be assigned to Castle Hayne Elementary,
Holly Shelter Middle, and Laney High schools. Students may apply to attend public magnet,
year-round elementary, or specialty high schools.
A maximum of 242 dwelling units would be permitted under the current R-15 zoning base
density, and 1,462 units could potentially be developed under the proposed zoning for an
increase of 1,202 dwelling units.
Based on average student generation rates,* there are an average of 0.24 public school
students (0.11 for elementary, 0.05 for middle, and 0.08 for high) generated per dwelling
unit across New Hanover County. Development within the proposed zoning districts can be
estimated to generate 351 (161 elementary, 73 middle, and 117 high) students, which is
approximately 293 more than if developed under existing zoning.
Planning Board - October 1, 2020
ITEM: 1 - 2 - 10
Z20-18 Staff Report 10.1.2020 Page 11 of 18
County Planning staff has worked with Schools staff to analyze recent trends related to
development patterns and student generation. From 2015 to 2019, student enrollment
remained at a generally stable rate of just over 27,000 students enrolled despite the issuance
of approximately 11,000 permits for new residential units throughout the entire county. Using
the generalized historic student generation rate, staff would estimate about 3,000 students
generated from the new units over the 5-year period. However, this increase is not reflected in
the enrollment data. As a result, recent trends indicate new residential development may be
generating much less student population than in the past and the estimates below may be much
greater than actual student growth.
Development Type Intensity Estimated Student Generation
Existing Development Undeveloped Total: 0
(0 elementary, 0 middle, 0 high
Typical Development
under Current Zoning 242 residential units Total: 58
(27 elementary, 12 middle, 19 high)
Potential Development
under Proposed Zoning
Districts
1,462 residential units Total: 351
(161 elementary, 73 middle, 117 high)
*Average student generation rates are calculated by dividing the projected New Hanover County public school student
enrollment for the 2020-2021 school year by the estimated number of dwelling units in the county. While different
housing types and different locations typically yield different numbers of students, these average generation rates can
provide a general guide for the number of students to anticipate. Total projected student enrollment was used, which
includes students attending out-of-district specialty schools, such as year-round elementary schools, Isaac Bear, and
SeaTECH.
School Enrollment* and Capacity**—2021-2022 Estimates
*Enrollment is based on projected New Hanover County Schools enrollment for the 2020-2021 school year.
**Capacity calculations were determined by New Hanover County Schools for the 2020-2021 school year
and are based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific
program requirements unique to a particular school. These may include exceptional children’s classrooms
beyond the original building design; classrooms to serve a unique population such as ESL; or classrooms
designated for art and music if the building wasn’t specifically designed with those spaces.
Level
Total
NHC %
Capacity School
Enrollment of
Assigned
School
Capacity of
Assigned
School w/
Portables
% of
Capacity of
Assigned
School
Funded
Capacity
Upgrades
Elementary 97% Castle Hayne 483 529 91% None
Middle 107% Holly Shelter 917 934 98% None
High 105% Laney 2,063 1,903 108% None
Planning Board - October 1, 2020
ITEM: 1 - 2 - 11
Z20-18 Staff Report 10.1.2020 Page 12 of 18
ENVIRONMENTAL
A portion of the subject property just northeast of the I-40/I-140 interchange, within the
area proposed to be rezoned to R-5, contains Special Flood Hazard Areas. Any proposed
development within this area must comply with applicable floodplain management
regulations. The property does not contain any Natural Heritage Areas.
The property is within the Prince George Creek watershed.
Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on
the property consist of Class II (moderate limitation) and Class III (severe limitation) soils.
However, the site is expected to be served by CFPUA as utilities become available.
CONTEXT AND COMPATIBILITY
The subject property is located adjacent to the northeast quadrant of the interchange of I-
40 and I-140, which separates the western and southern boundaries of the site from
adjacent land-uses.
The northern portion of the site is adjacent to Sidbury Road and has direct access to the
NCDOT maintained collector road. The site is adjacent to undeveloped property on other
boundaries with the exception of the far northeastern corner, which is adjacent to attached
single-family dwelling units.
The proposed districts provide a transition from the high-intensity adjacent interstates to
undeveloped land and existing single-family neighborhoods in the vicinity of the subject
property.
The proposed zoning districts eliminate the potential for industrial uses.
While the majority of this area was zoned for low density housing in the early 1970s, the
2016 Comprehensive Plan recommends a mixture higher density housing and commercial
uses along the Sidbury Road corridor.
Planning Board - October 1, 2020
ITEM: 1 - 2 - 12
Z20-18 Staff Report 10.1.2020 Page 13 of 18
Representative Developments of RMF-L:
Woodlands at Echo Farms Villages at Plantation Landing
Stephens Point
Planning Board - October 1, 2020
ITEM: 1 - 2 - 13
Z20-18 Staff Report 10.1.2020 Page 14 of 18
Representative Developments of R-5:
Marsh Oaks Plantation Village
Lions Gate
Planning Board - October 1, 2020
ITEM: 1 - 2 - 14
Z20-18 Staff Report 10.1.2020 Page 15 of 18
Representative Developments of R-15:
Grayson Park Clay Crossing
Plantation Landing
Planning Board - October 1, 2020
ITEM: 1 - 2 - 15
Z20-18 Staff Report 10.1.2020 Page 16 of 18
Representative Industrial Developments:
Northchase Industrial Park Dutch Square
Portion of Dutch Square
Planning Board - October 1, 2020
ITEM: 1 - 2 - 16
Z20-18 Staff Report 10.1.2020 Page 17 of 18
2016 COMPREHENSIVE LAND USE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County’s future land use, as designated by place types describing the character and
function of the different types of development that make up the community. These place types are
intended to identify general areas for particular development patterns and should not be
interpreted as being parcel specific.
Future Land Use
Map Place Type Community Mixed Use
Place Type
Description
Focuses on small-scale, compact, mixed use development patterns that serve
all modes of travel and act as an attractor for county residents and visitors.
Types of appropriate uses include office, retail, mixed use, recreational,
commercial, institutional, and multi-family and single-family residential.
Analysis
Community Mixed Use is a common place type designation along major
roadways as its higher densities and mix of uses provides for an orderly
transition of densities and intensities to areas farther from the roadway
corridor and existing low-density development. Typical zoning associated
with this place type includes moderate density residential, commercial,
office and institutional, and mixed-use.
The proposed RMF-L and R-5 zoning districts were designed to allow the
residential densities outlined for Community Mixed Use places, which
provides for residential densities of up to 15 units/acre. R-5 allows for up
to 8 dwelling units/acre, and RMF-L allows up to 10 units/acre. The existing
R-15 only allows for by-right residential density of 2.5 units/acre, which is
less consistent with the Community Mixed Use designation. In addition, the
current I-1 zoning designation would allow for the commercial uses
recommended for Community Mixed Use areas but is more commonly
associated with Employment Centers and Commerce Zones because of the
range of industrial uses possible.
The densities and range of housing types permitted by the proposed
rezoning would allow for the desired development pattern in this area and
provide an efficient use of land between the interstate highway and CFCC
Planning Board - October 1, 2020
ITEM: 1 - 2 - 17
Z20-18 Staff Report 10.1.2020 Page 18 of 18
Growth Node to the west, and the existing residential districts and future
Community Mixed Use development along Sidbury Road to the east.
Consistency
Recommendation
The proposed RMF-L and R-5 zoning is generally CONSISTENT with the
2016 Comprehensive Plan because the densities and uses allowed in these
districts are more in line with the densities and uses recommended for
Community Mixed Use areas than the existing zoning. These districts
would allow for the development pattern and diverse housing options
recommended for this area and would provide an orderly transition from
a major road corridor to areas zoned for lower density housing.
STAFF RECOMMENDATION
The proposed RMF-L and R-5 rezoning is generally CONSISTENT with the 2016 Comprehensive
Plan because the densities and range of housing types permitted by the proposed rezoning would
allow for the desired development pattern in this area and would provide for diverse housing
options and an orderly transition from a major road corridor to areas zoned for lower density
housing.
Therefore, staff recommends approval of this application and suggests the following motion:
I move to recommend APPROVAL of the proposed rezoning to a RMF-L and R-5 district.
I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan
because these districts are more in line with the densities and uses recommended for
Community Mixed Use areas than the existing zoning and would allow for the diverse
housing options recommended for this area. I also find recommending APPROVAL of
the rezoning request is reasonable and in the public interest because it would allow for
the desired development pattern in this area and provide an efficient use of land
between the interstate highway and CFCC Growth Node to the west, and the existing
residential districts and future Community Mixed Use development along Sidbury Road
to the east.
Alternative Motion for Denial
I move to recommend DENIAL of the proposed rezoning to a RMF-L and R-5 district.
While I find it to be CONSISTENT with the purposes and intent of the Comprehensive
Plan because these districts are more in line with the densities and uses recommended
for Community Mixed Use areas than the existing zoning and would allow for the
diverse housing options recommended for this area, I find recommending DENIAL of
the rezoning request is reasonable and in the public interest because the proposal is
not consistent with the desired character of the surrounding community and the density
will adversely impact the adjacent areas.
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APPLICANT
MATERIALS
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NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 10/1/2020
Regular
DEPARTMENT: Planning PRESENTER(S): Ken Vafier, Planning Supervisor
CONTACT(S): Ken Vafier; Wayne Clark, Planning & Land Use Director
SUBJECT:
Public Hearing
Rezoning Request (Z20-19) – Request by Trask Land Company, Inc. on behalf of the property owner, TF Holdings
Limited Partnership, to rezone approximately 350.01 acres of land located at the southeast quadrant of the
interchange of Interstate 40 and Interstate 140 from I-2, Heavy Industrial District, and R-15, ResidenBal District, to
R-10, ResidenBal District.
BRIEF SUMMARY:
The applicant is proposing to rezone approximately 350.01 acres of land located at the southeast quadrant of the
interchange of I-40 and I-140 from I-2 and R-15 to R-10. The property is a por1on of approximately 509 acres owned
by the applicant on the northeast and southeast quadrants of the interchange.
Under the County's performance residen1al standards, the residen1ally zoned area of the site would be permi6ed up
to 625 dwelling units at a density of 2.5 du/ac as currently zoned, while the industrially zoned area could poten1ally
accommodate up to 435,000 square feet of heavy industrial space. The proposed R-10 district could poten1ally allow
up to 1,155 units at 3.3 du/ac. The 1,155 total poten1al units is an increase of 530 units more than the site can
currently accommodate by-right. However, with the requested zoning change, the site will no longer be able to be
developed with a variety of heavy industrial, manufacturing, and commercial uses.
It is es1mated the site would generate about 749 AM and 889 PM peak hour trips if developed under the parameters
of the current zoning districts. Development under the proposed R-10 development could increase the es1mated
number of peak hour trips by approximately 76 in the AM peak and 175 trips in the PM peak compared to those
poten1ally generated under the exis1ng zoning.
Although Traffic Impact Analyses are not required for a straight rezoning, the Technical Review Commi6ee will review
all plans for compliance with applicable land use regula1ons, including any recommended roadway improvements from
traffic impact analyses to ensure adequate traffic safety and distribu1on. Recommended roadway improvements will
be completed as required by a TIA or through the NCDOT Driveway permiAng process.
Using a generalized historic student genera1on rate, development within the proposed zoning district can be es1mated
to generate 277 (127 elementary, 58 middle, and 92 high) students, which is approximately 127 more than if developed
under exis1ng zoning. County Planning staff has worked with Schools staff to analyze recent trends related to
development pa6erns and student genera1on. From 2015 to 2019, student enrollment remained at a generally stable
rate of just over 27,000 students enrolled despite the issuance of approximately 11,000 permits for new residen1al
units throughout the en1re county. Using the generalized historic student genera1on rate, staff would es1mate about
3,000 students generated from the new units over the 5-year period. However, this increase is not reflected in the
enrollment data. As a result, recent trends indicate new residen1al development may be genera1ng much less student
Planning Board - October 1, 2020
ITEM: 2
popula1on than in the past and the student genera1on es1mates may be much greater than actual student growth.
The site is adjacent to interstate corridors on its western and northern boundaries and the remaining adjacent
proper1es are undeveloped. Further south along Murrayville Road, proper1es are developed with single-family
detached dwelling units in the R-15 district. While the surrounding area was zoned for low density housing in the
1970s, the 2016 Comprehensive Plan recommends a mixture of higher density housing and commercial uses in the area
generally north of Murrayville Road.
The 2016 Comprehensive Plan classifies the site as Community Mixed Use. The proposal is generally CONSISTENT
with the Comprehensive Plan because the district is more in line with the densi1es and uses recommended for
Community Mixed Use areas than the exis1ng zoning. Addi1onally, the densi1es and range of housing types allowed in
the proposed zoning district would support exis1ng and future community-level nodes.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth & Economic DevelopmentEncourage development of complete communi1es in the unincorporated
countyEnsure NHC has appropriate housing to support business growth
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval and suggests the following mo1on:
I move to recommend APPROVAL of the proposed rezoning to an R-10 district. I find it to be CONSISTENT with the
purposes and intent of the Comprehensive Plan because the district is more in line with the densi1es and uses
recommended for Community Mixed Use areas than the exis1ng zoning. I also find recommending APPROVAL of the
rezoning request is reasonable and in the public interest because the densi1es and range of housing types allowed in
the proposed zoning district would support exis1ng and future community-level nodes, and while the current I-2 zoning
designa1on would allow for the commercial uses recommended for Community Mixed Use areas it is more commonly
associated with Commerce Zones because of the range of industrial uses possible.
Example MoBon for Denial
I move to recommend DENIAL of the proposed rezoning to an R-10 district. While I find it to be CONSISTENT with
the purposes and intent of the Comprehensive Plan because the district is more in line with the densi1es and uses
recommended for Community Mixed Use areas than the exis1ng zoning, I find recommending DENIAL of the rezoning
request is reasonable and in the public interest because the proposal is not consistent with the desired character of the
surrounding community and the density will adversely impact the adjacent areas.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - October 1, 2020
ITEM: 2
SCRIPT for Zoning Map Amendment Application (Z20-19)
Request by Trask Land Company, Inc., on behalf of the property owner, TF Holdings Limited
Partnership, to rezone approximately 350.01 acres of land located near the southeast quadrant of the
interchange of I-40 and I-140, from I-2, Heavy Industrial District, and R-15, Residential District to R-
10, Residential District.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for
rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’s presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s rebuttal (up to 5 minutes)
e. Opponent’s rebuttal (up to 5 minutes)
3. Close the public hearing
4. Board discussion
5. Vote on the application. The motion should include a statement saying how the change is, or
is not, consistent with the land use plan and why approval or denial of the rezoning request is
reasonable and in the public interest.
Example Motion of Approval
I move to recommend APPROVAL of the proposed rezoning to an R-10 district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is
more in line with the densities and uses recommended for Community Mixed Use areas than
the existing zoning. I also find recommending APPROVAL of the rezoning request is
reasonable and in the public interest because the densities and range of housing types allowed
in the proposed zoning district would support existing and future community-level nodes, and
while the current I-2 zoning designation would allow for the commercial uses recommended for
Community Mixed Use areas it is more commonly associated with Commerce Zones because of
the range of industrial uses possible.
Planning Board - October 1, 2020
ITEM: 2 - 1 - 1
Example Motion of Denial
I move to recommend DENIAL of the proposed rezoning to an R-10 district. While I find it to
be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district
is more in line with the densities and uses recommended for Community Mixed Use areas than
the existing zoning, I find recommending DENIAL of the rezoning request is reasonable and in
the public interest because the proposal is not consistent with the desired character of the
surrounding community and the density will adversely impact the adjacent areas.
Alternative Motion for Approval/Denial:
I move to recommend [Approval/Denial] the proposed rezoning to an R-10 district. I find it to
be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because
[insert reasons]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
I also find recommending [Approval/Denial] of the rezoning request is reasonable and in the
public interest because [insert reasons]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Planning Board - October 1, 2020
ITEM: 2 - 1 - 2
Z20-19 Staff Report 10.1.2020 Page 1 of 15
STAFF REPORT FOR Z20-19
ZONING MAP AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: Z20-19
Request:
Rezoning to R-10 district
Applicant: Property Owner(s):
Trask Land Company, Inc. TF Holdings Limited Partnership
Location: Acreage:
SE quadrant of interchange of I-40 and I-
140 350.01
PID(s): Comp Plan Place Type:
Portion of R02700-001-002-000 south of I-
140
R02700-001-054-000
R02700-001-055-000
R02700-001-056-000
Community Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped The property would be allowed to be developed
in accordance with the R-10 district
Current Zoning: Proposed Zoning:
I-2, Heavy Industrial and R-15, Residential R-10, Residential
Planning Board - October 1, 2020
ITEM: 2 - 2 - 1
Z20-19 Staff Report 10.1.2020 Page 2 of 15
SURROUNDING AREA
LAND USE ZONING
North I-140 Right-of-Way N/A
East Undeveloped R-15
South Undeveloped R-15
West I-40 Right-of-Way N/A
ZONING HISTORY
July 7, 1972 Initially zoned R-15 (Areas 8A, 8B)
August 2, 1999 134.71 acres zoned I-2 via Z-674. Acreage subsequently decreased
slightly by I-140 right-of-way acquisition.
COMMUNITY SERVICES
Water/Sewer
Not currently available through CFPUA, however it is anticipated to be
served by CFPUA via extension of services from Murrayville Road at time
of development.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Station Murrayville
Schools Murrayville Elementary, Trask Middle, and Laney High schools
For more information, see the Schools section of this report.
Recreation Olsen Park, Smith Creek Park
Planning Board - October 1, 2020
ITEM: 2 - 2 - 2
Z20-19 Staff Report 10.1.2020 Page 3 of 15
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
Conservation Resource maps indicate that a small area of Pocosin Wetlands
may be present on the far southern border of the property. The location of
any wetlands will be verified during the TRC review process.
Historic No known historic resources
Archaeological No known archaeological resources
APPLICANT’S PROPOSAL
This application proposes to rezone 350.01 acres from I-2 (approximately 99.83 acres on
the western portion of the site) and R-15 (approximately 250.18 acres on the eastern
portion of the site) to R-10.
Area Proposed for Rezoning with Acreage
The I-2 zoning was approved by the Board of Commissioners in 1999 as part of a larger
rezoning that included land north of the current location of I-140. The property was split
once right-of-way was acquired by NCDOT, and the portion north of the alignment was
zoned I-1.
According to the applicant, the proposed zoning will allow for the provision of housing for
future development in a land use pattern that is more consistent with the 2016
Comprehensive Land Use Plan.
Planning Board - October 1, 2020
ITEM: 2 - 2 - 3
Z20-19 Staff Report 10.1.2020 Page 4 of 15
ZONING CONSIDERATIONS
Under the County’s performance residential standards, the current residentially zoned
portion of the property (R-15/250.18 acres) could allow up to 625 dwelling units at a
maximum density of 2.5 (du/ac).
The portion of the property zoned I-2 (approximately 99.83 acres) is generally estimated
to support approximately 435,000 square feet of industrial uses (assembly, fabrication,
packaging, and transport) based on a typical 10% building area for this type of zoning.
For comparison, the acreage of the I-2 area is similar to the area of Northchase Industrial
Park along Corporate Drive just west of I-40. Although Northchase Industrial Park is
zoned PD, it was initially anticipated that the existing I-2 area would develop with a land
use pattern comparable to that of the Northchase Industrial Park at the time it was zoned
I-2.
Comparable Area of Industrial Property in Northchase
If developed at the maximum R-10 density of 3.3 units per acre, this could yield a
potential maximum of 1,155 dwelling units.
I-2
Planning Board - October 1, 2020
ITEM: 2 - 2 - 4
Z20-19 Staff Report 10.1.2020 Page 5 of 15
Although there are a limited number of civic, institutional, educational, and recreational
uses permitted by-right in the R-10 district, the typical development pattern in these
districts do not include such uses. Any proposed non-residential use would be subject to
the applicable site design and approval provisions within the UDO.
Residential
Industrial/Commercial
Typical Development
under Current Zoning:
R-15: 625 Dwelling Units
I-2: ~ 435,000 sf
Typical Development
under Proposed Zoning:
R-10: 1,155 Dwelling Units
None
Net Change: + 530 Dwelling Units - 435,000 sf
AREA SUBDIVISIONS UNDER DEVELOPMENT
Planning Board - October 1, 2020
ITEM: 2 - 2 - 5
Z20-19 Staff Report 10.1.2020 Page 6 of 15
TRANSPORTATION
The site is accessed by Murrayville Road, an NCDOT maintained collector road.
Traffic Impact Analyses are not required for a straight rezoning, as a specific development
proposal is required to thoroughly analyze access, potential trip generation, and roadway
improvements.
Before any development can occur on this site, the Technical Review Committee will review
all plans for compliance with applicable land use regulations, including any recommended
roadway improvements from traffic impact analyses to ensure adequate traffic safety and
distribution. Recommended roadway improvements will be completed as required by a TIA
or through the NCDOT Driveway permitting process.
The portion of the site currently zoned R-15 would be permitted a maximum of 625 dwelling
units under the performance zoning standards, which is estimated to generate about 449
AM and 590 PM peak hours. The trips generated from the existing I-2 portion of the
property would vary based on the proposed uses within this district. If this portion of the
site was developed with a typical approximate 10% building footprint, approximately
435,000 sf of heavy industrial uses or comparable development is estimated to generate
about 300 AM trips and 299 PM trips in the peak hours. The total number of potential
trips generated under the current zoning districts is approximately 749 AM and 889 PM
peak hour trips.
Planning Board - October 1, 2020
ITEM: 2 - 2 - 6
Z20-19 Staff Report 10.1.2020 Page 7 of 15
Under the proposed zoning district, 1,155 dwelling units could potentially be constructed on
the site, which is estimated to generate about 825 trips in the AM and 1,064 trips in the PM
peak hours, likely over a longer-term phased development.
If developed at the maximum density for the R-10 district, the proposal could generate
approximately 76 AM peak hour trips and 175 PM peak hour trips more than if developed
as currently zoned.
Intensity Approx. Peak Hour Trips
Existing Development: Undeveloped 0 AM / 0 PM
Typical Development under
Current Zoning:
R-15: 625 single-family
homes
I-2: 435,000 sf
Manufacturing (ITE 140)
TOTAL:
449 AM / 590 PM
300 AM / 299 PM
749 AM / 889 PM
Potential Trip Generation
under Proposed Zoning:
R-10: 1,155 performance
units 825 AM / 1,064 PM
Potential Net Change under
Proposed Zoning: + 530 units + 76 AM / + 175 PM
As there is not a specific development proposal at this time to analyze traffic impacts for,
staff has provided the volume to capacity ratio for roadways in the vicinity of the subject
site. While volume to capacity ratio, based on average daily trips, can provide a
general idea of the function of adjacent roadways, the delay vehicles take in seconds to
pass through intersections is generally considered a more effective measure when
determining the Level of Service of a roadway.
The most recent traffic counts in the area indicate capacity currently exists on the
Murrayville Road and N College Road corridors.
NCDOT Average Annual Daily Traffic (AADT) - 2018
Road Location Volume Capacity V/C
Murrayville Road 6100 Block (east of N College
Road) 9,900 12,500 0.79
N College Road 2400 Block (north of Murrayville
Road) 23,000 49,250 0.47
N College Road 2700 Block (south of Murrayville
Road) 23,000 49,250 0.47
Planning Board - October 1, 2020
ITEM: 2 - 2 - 7
Z20-19 Staff Report 10.1.2020 Page 8 of 15
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Nearby Traffic Impact Analyses:
Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards.
Approved analyses must be re-examined by NCDOT if the proposed development is not completed by
the build out date established within the TIA.
There have not been any recent TIA’s in the vicinity of the subject site that would impact the
nearby transportation network expected to be used by development on this site.
Planning Board - October 1, 2020
ITEM: 2 - 2 - 8
Z20-19 Staff Report 10.1.2020 Page 9 of 15
SCHOOLS
Students generated from this development would be assigned to Murrayville Elementary,
Trask Middle, and Laney High schools. Students may apply to attend public magnet, year-
round elementary, or specialty high schools.
A maximum of 867 dwelling units would be permitted under the current R-15 zoning base
density, and 3,562 units could potentially be developed under the proposed zoning for an
increase of 2,695 dwelling units.
Based on average student generation rates,* there are an average of 0.24 public school
students (0.11 for elementary, 0.05 for middle, and 0.08 for high) generated per dwelling
unit across New Hanover County. Development within the proposed zoning district can be
estimated to generate 277 (127 elementary, 58 middle, and 92 high) students, which is
approximately 127 more than if developed under existing zoning.
County Planning staff has worked with Schools staff to analyze recent trends related to
development patterns and student generation. From 2015 to 2019, student enrollment
remained at a generally stable rate of just over 27,000 students enrolled despite the
issuance of approximately 11,000 permits for new residential units throughout the entire
county. Using the generalized historic student generation rate, staff would estimate about
3,000 students generated from the new units over the 5-year period. However, this increase
is not reflected in the enrollment data. As a result, recent trends indicate new residential
development may be generating much less student population than in the past and the
estimates below may be much greater than actual student growth.
Development Type Intensity Estimated Student Generation
Existing Development Undeveloped Total: 0
(0 elementary, 0 middle, 0 high
Typical Development
under Current Zoning 625 residential units Total: 150
(69 elementary, 31 middle, 50 high)
Potential Development
under Proposed Zoning
Districts
1,155 residential units Total: 277
(127 elementary, 58 middle, 92 high)
*Average student generation rates are calculated by dividing the projected New Hanover County public school student
enrollment for the 2020-2021 school year by the estimated number of dwelling units in the county. While different
housing types and different locations typically yield different numbers of students, these average generation rates can
provide a general guide for the number of students to anticipate. Total projected student enrollment was used, which
includes students attending out-of-district specialty schools, such as year-round elementary schools, Isaac Bear, and
SeaTECH.
School Enrollment* and Capacity**—2021-2022 Estimates
Level
Total
NHC %
Capacity School
Enrollment of
Assigned
School
Capacity of
Assigned
School w/
Portables
% of
Capacity of
Assigned
School
Funded
Capacity
Upgrades
Elementary 97% Murrayville 526 643 82% None
Middle 107% Trask 717 662 108% None
High 105% Laney 2063 1903 108% None
Planning Board - October 1, 2020
ITEM: 2 - 2 - 9
Z20-19 Staff Report 10.1.2020 Page 10 of 15
*Enrollment is based on projected New Hanover County Schools enrollment for the 2020-2021 school year.
**Capacity calculations were determined by New Hanover County Schools for the 2020-2021 school year
and are based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific
program requirements unique to a particular school. These may include exceptional children’s classrooms
beyond the original building design; classrooms to serve a unique population such as ESL; or classrooms
designated for art and music if the building wasn’t specifically designed with those spaces.
ENVIRONMENTAL
The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas.
The northern portion of the site is within the Prince George Creek watershed and the
southern portion is within the Smith Creek watershed.
Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on
the property consist of Class II (moderate limitation), III (severe limitation), and a small area
of Class IV (unsuitable) soils. However, the site is expected to be served by CFPUA as
utilities become available.
CONTEXT AND COMPATIBILITY
The subject property is located adjacent to the southeastern quadrant of the interchange of
I-40 and I-140, which separates the western and northern boundaries of the site from
adjacent land-uses.
The site has access via private roadways to Murrayville Road, which is an NCDOT
maintained collector road. The site is adjacent to undeveloped property on the eastern and
southern boundaries. Closer to Murrayville Road, the land use pattern transitions to single-
family residential developments and Murrayville Elementary School.
The proposed district provides a transition from the high-intensity adjacent interstates to
undeveloped land and existing single-family neighborhoods in the vicinity of the subject
property.
The proposed zoning district eliminates the potential for heavy industrial uses.
While the majority of this area was zoned for low density housing in the early 1970s, the
2016 Comprehensive Plan recommends a mixture higher density housing and commercial
uses generally north of Murrayville Road.
Planning Board - October 1, 2020
ITEM: 2 - 2 - 10
Z20-19 Staff Report 10.1.2020 Page 11 of 15
Representative Developments of R-10:
Rachel’s Place Planter’s Walk
Palm Grove
Planning Board - October 1, 2020
ITEM: 2 - 2 - 11
Z20-19 Staff Report 10.1.2020 Page 12 of 15
Representative Developments of R-15:
Grayson Park Clay Crossing
Plantation Landing
Planning Board - October 1, 2020
ITEM: 2 - 2 - 12
Z20-19 Staff Report 10.1.2020 Page 13 of 15
Representative Industrial Developments:
N Kerr Industrial Park Dutch Square
N Kerr Industrial Park
Planning Board - October 1, 2020
ITEM: 2 - 2 - 13
Z20-19 Staff Report 10.1.2020 Page 14 of 15
2016 COMPREHENSIVE LAND USE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County’s future land use, as designated by place types describing the character and
function of the different types of development that make up the community. These place types are
intended to identify general areas for particular development patterns and should not be
interpreted as being parcel specific.
Future Land Use
Map Place Type Community Mixed Use
Place Type
Description
Focuses on small-scale, compact, mixed use development patterns that serve
all modes of travel and act as an attractor for county residents and visitors.
Types of appropriate uses include office, retail, mixed use, recreational,
commercial, institutional, and multi-family and single-family residential.
Analysis
The Community Mixed Use place type designation encourages a mix of uses,
including single- and multi-family residential, commercial, civic, mixed-use,
and recreational uses. Typical zoning associated with this place type
includes moderate density residential, commercial, office and institutional,
and mixed-use.
The Community Mixed Use place type provides opportunities for moderate-
density housing (up to 15 units/acre) but lower density residential
development is appropriate when limitations to mixed use developments
exist, such as the subject property’s lack of direct access to I-40, I-140, or
an existing collector street.
In general, the proposed R-10 rezoning is more consistent with the
residential densities and types of uses allowed under existing R-15 and I-2
zoning. The R-10 base density of 3.3 dwelling units/acre is more consistent
with that range than the 2.5 units/acre base density allowed in the R-15
district. In addition, the current I-2 zoning designation would allow for the
commercial uses recommended for Community Mixed Use areas but is more
commonly associated with Commerce Zones because of the range of
industrial uses possible.
Planning Board - October 1, 2020
ITEM: 2 - 2 - 14
Z20-19 Staff Report 10.1.2020 Page 15 of 15
Consistency
Recommendation
The proposed R-10 zoning is generally CONSISTENT with the 2016
Comprehensive Plan because the district is more in line with the densities
and uses recommended for Community Mixed Use areas than the existing
zoning. Additionally, the densities and range of housing types allowed in
the proposed zoning district would support existing and future community-
level nodes.
STAFF RECOMMENDATION
The proposed R-10 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because
the district is more in line with the densities and uses recommended for Community Mixed Use areas
than the existing zoning. Additionally, the densities and range of housing types allowed in the
proposed zoning district would support existing and future community-level nodes.
Therefore, staff recommends approval of this application and suggests the following motion:
I move to recommend APPROVAL of the proposed rezoning to an R-10 district. I find
it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because
the district is more in line with the densities and uses recommended for Community
Mixed Use areas than the existing zoning. I also find recommending APPROVAL of
the rezoning request is reasonable and in the public interest because the densities and
range of housing types allowed in the proposed zoning district would support existing
and future community-level nodes, and while the current I-2 zoning designation would
allow for the commercial uses recommended for Community Mixed Use areas it is more
commonly associated with Commerce Zones because of the range of industrial uses
possible.
Alternative Motion for Denial
I move to recommend DENIAL of the proposed rezoning to an R-10 district. While I
find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan
because the district is more in line with the densities and uses recommended for
Community Mixed Use areas than the existing zoning, I find recommending DENIAL of
the rezoning request is reasonable and in the public interest because the proposal is
not consistent with the desired character of the surrounding community and the density
will adversely impact the adjacent areas.
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APPLICANT
MATERIALS
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NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 10/1/2020
Regular
DEPARTMENT: Planning PRESENTER(S): Ron Meredith, Current Planner
CONTACT(S): Ron Meredith, Brad Schuler (Senior Planner), Wayne Clark (Planning and Land Use Director)
SUBJECT:
Quasi-Judicial Hearing
Special Use Permit Modifica1on Request (Z17-08M) – Request by the Lee Kaess, PLLC on behalf of the property
owner, McAdams Homes, LLC, to modify the Special Use Permit for the Landing at Lewis Creek Estates to allow 18
addi1onal single-family lots within the development.
BRIEF SUMMARY:
This applica!on proposes to modify the Special Use Permit for The Landing at Lewis Creek Estates development in
order to add 18 addi!onal single-family dwellings. The Special Use Permit for the development was issued in 2017 as
part of the Condi!onal Use District (CUD) rezoning of the site. The approval allowed for 230 single-family dwellings
and 192 mul!-family units, totaling 422 dwelling units at 4.95 du/ac.
The issuance of the Special Use Permit in 2017 determined the use met the four conclusions required for a special use
permit, including that the use is in harmony with the area and in general conformity with the Comprehensive Plan.
A minor modifica!on to the project was administra!vely approved in 2018 allowing 40 single-family dwellings to be
reassigned as townhome dwellings. The maximum of 422 dwelling units did not change.
The Addi!onal Dwelling Allowance standards in the R-15 district permit a maximum density of 10.2 du/ac, which
equates to 869 dwelling units on the subject property. The applicant’s current proposal is approximately 51% of the
maximum allowable dwelling units.
Typically, single-family dwellings generate approximately one trip in the peak hours. The proposed addi!on would
allow 18 more dwellings, which would generate about 18 trips in the AM peak hours and 20 trips in the PM peak hours.
A Traffic Impact Analysis (TIA) was conducted for the proposed development in 2017 and approved by the WMPO and
NCDOT. The applicant has completed the required traffic improvements including signal installa!on at the Gordon
Road and Blount Drive (site access), light !ming adjustments along Gordon Road, and turn lane modifica!ons at the
site access, Gordon/North College Road and Gordon/I-40.
The WMPO and the NCDOT have determined an update to the Traffic Impact Analysis (TIA) is not required for this
requested Special Use Permit modifica!on and the completed improvements are sufficient to handle the addi!onal
traffic generated by the 18 single-family dwellings units.
The Comprehensive Plan classifies the site as Urban Mixed Use. This classifica!on promotes development of a mix of
residen!al, office, and retail uses at higher densi!es. This is within the residen!al density range of approximately 16+
units per acre that is outlined for the Urban Mixed Use place type and the moderate- to high-densi!es recommended
for Urban Mixed Use areas.
No changes to the exis!ng 2017 Special Use Permit condi!ons (below) or addi!onal condi!ons are proposed.
1. The proposed private right-of-ways shall be open for public use and placed within a public access
Planning Board - October 1, 2020
ITEM: 3
easement.
2. Streetscape landscaping and buffering, consistent with that of which is required for high density
developments adjacent to single-family developments, shall be installed around the mul!-family
structures to provide a screen from the single-family lots located within the development.
3. A 20-foot wide access easement shall be dedicated to the County along Smith Creek in order to allow for
the future installa!on of a mul!-use path in accordance with the Wilmington/NHC Greenway Plan.
4. Five feet of right-of-way shall be dedicated to NCDOT along Gordon Road for the purpose of allowing for
future roadway improvements. This right-of-way dedica!on shall be in addi!on to any right-of-way
dedica!on required as a result of the TIA and driveway permit.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth & Economic DevelopmentEncourage development of complete communi!es in the unincorporated
countyEnsure NHC has appropriate housing to support business growth
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Example Mo1on for Approval:
Mo!on to approve, as the Board finds that this applica!on for a Special Use Permit modifica!on meets the
four required conclusions based on the findings of fact included in the Staff Report.
[OPTIONAL] Note any addi!onal findings of fact related to the four required conclusions.
[OPTIONAL] Also, that the following condi!ons be added to the development:
Suggested Condi
on(s):
No changes to the exis!ng 2017 Special Use Permit condi!ons or addi!onal condi!ons are proposed.
Example Mo1on for Denial:
Mo!on to deny, as the Board cannot find that this proposal:
1. Will not materially endanger the public health or safety;
2. Meets all required condi!ons and specifica!ons of the Unified Development Ordinance;
3. Will not substan!ally injure the value of adjoining or abuIng property;
4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive
Land Use Plan for New Hanover County.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - October 1, 2020
ITEM: 3
SCRIPT for SPECIAL USE PERMIT Application (Z17-08M)
Request by the Lee Kaess, PLLC on behalf of the property owner, McAdams Homes, LLC,
to modify the Special Use Permit for the Landing at Lewis Creek Estates to allow 18
additional single-family lots within the subdivision.
1. Swear witnesses: Announce that “the Special Use Permit process requires a quasi-judicial hearing;
therefore, any person wishing to testify must be sworn in. All persons who signed in to speak and
wish to present competent and material testimony please step forward to be sworn in. Thank you.”
2. This is a quasi-judicial hearing. We will hear a presentation from staff. Then the applicant and
any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for
rebuttal.
3. Conduct hearing, as follows:
a. Staff presentation
b. Applicant’ s presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s cross examination/rebuttal (up to 5 minutes)
e. Opponent’s cross examination/rebuttal (up to 5 minutes)
4. Close the hearing
5. Board discussion
6. Ask Applicant whether he/she agrees with staff findings.
7. Vote on the Special Use Permit application.
Motion to approve the permit - All findings are positive.
Motion to approve the permit, subject to conditions specified below:
(State Conditions)
_____________________________________________________________________
_____________________________________________________________________
Motion to deny the permit because the Board cannot find:
a. That the use will not materially endanger the public health or safety if located where
proposed for the following reason:
__________________________________________________________________
__________________________________________________________________
b. That the use meets all required condition and specifications:
__________________________________________________________________
__________________________________________________________________
Planning Board - October 1, 2020
ITEM: 3 - 1 - 1
c. That the use will not substantially injure the value of adjoining or abutting property,
or that the use is a public necessity:
__________________________________________________________________
__________________________________________________________________
d. That the location and character of the use if developed according to the plan as
submitted and approved will be in harmony with the area in which it is to be located
and in general conformity with the Comprehensive Land Use Plan for New Hanover
County:
__________________________________________________________________
__________________________________________________________________
Example Motion for Approval:
Motion to approve, as the Board finds that this application for a Special Use Permit modification
meets the four required conclusions based on the findings of fact included in the Staff Report.
[OPTIONAL] Note any additional findings of fact related to the four required conclusions.
[OPTIONAL] Also, that the following conditions be added to the development:
Suggested Condition(s):
No changes to the existing 2017 Special Use Permit conditions or additional conditions are
proposed.
Example Motion for Denial:
Motion to deny, as the Board cannot find that this proposal:
1. Will not materially endanger the public health or safety;
2. Meets all required conditions and specifications of the Unified Development Ordinance;
3. Will not substantially injure the value of adjoining or abutting property;
4. Will be in harmony with the area in which it is to be located and in general conformity with the
Comprehensive Land Use Plan for New Hanover County.
[State the finding(s) that the application does not meet and include reasons to why it is not being met]
Planning Board - October 1, 2020
ITEM: 3 - 1 - 2
Z17-08M Staff Report PB 10.1.2020 Page 1 of 17
STAFF REPORT FOR Z17-08M
SPECIAL USE PERMIT MODIFICATION
APPLICATION OVERVIEW
This application proposes to modify the Special Use Permit for The Landing at Lewis Creek Estates
development in order to add 18 additional single-family dwellings. The Special Use Permit for
the development was issued in 2017 as part of the Conditional Use District (CUD) rezoning of the
site. The approval allowed for 230 single-family dwellings and 192 multi-family units, totaling
422 dwelling units at 4.95 du/ac.
The issuance of the Special Use Permit in 2017 determined the use met the four conclusions
required for a special use permit, including that the use is harmony with the area and in general
conformity with the Comprehensive Plan. Consideration of the modification should relate to the
impacts of the proposed 18 additional single-family dwellings and not the entire 440 dwelling
units that would be included in the development.
APPLICATION SUMMARY
Case Number: Z17-08M
Request:
Modification to a Special Use Permit to allow 18 additional Single-Family dwellings in The
Landing at Lewis Creek Estates Subdivision
Applicant: Property Owner(s):
Amy Schaefer of Lee Kaess, PLLC McAdams Homes, LLC
Location: Acreage (Total Site)
4700 block of Gordon Road 85.19 acres
PID(s): Comp Plan Place Type:
R04300-008-061-000, R04300-008-015-000,
R04300-008-126-000, R04300-008-062-000,
R04300-008-012-000, R04300-008-128-000,
R04300-008-168-000, and R04300-008-127-000
Urban Mixed Use
Existing Land Use: Proposed Land Use:
Residential Development consisting of single-family
dwellings, townhomes, and multi-family units. Addition of 18 single-family lots
Current Zoning:
(CUD) R-15
Planning Board - October 1, 2020
ITEM: 3 - 2 - 1
Z17-08M Staff Report PB 10.1.2020 Page 2 of 17
SURROUNDING AREA
LAND USE ZONING
North Single-Family Residential R-15
East Undeveloped/Single-Family Residential R-15
South Single-Family Residential, Religious Assembly R-15, R-10
West Interstate 40 Right-of-Way/Single-Family Residential R-15
Planning Board - October 1, 2020
ITEM: 3 - 2 - 2
Z17-08M Staff Report PB 10.1.2020 Page 3 of 17
ZONING HISTORY
July 7, 1972 Initially zoned R-15 (Area 8B)
April 7, 1986 The subject property was rezoned to O&I (front 300 feet) and B-2 (Z-
262)
September 5, 2017
The subject property was rezoned to Conditional Use R-15 Zoning District,
and an Additional Dwelling Allowance Special Use Permit was issued in
order to develop 230 single-family lots and 192 apartment units.
COMMUNITY SERVICES
Water/Sewer The development will connect to CFPUA water and sewer services.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Murrayville Station
Schools
Blair Elementary, Eaton Elementary, Trask Middle, and New Hanover High
schools
For more information, see Schools section of this report
Recreation Smith Creek Park & Ogden Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
The property contains swamp forest wetlands along Smith Creek. These
wetlands are subject to the standards of the conservation resources. The
proposed lots will not impact the wetlands subject to these standards.
Historic No known historic resources
Archaeological No known archaeological resources
Planning Board - October 1, 2020
ITEM: 3 - 2 - 3
Z17-08M Staff Report PB 10.1.2020 Page 4 of 17
CURRENT SITE PLAN
The Special Use Permit was approved in 2017 and allows for a total of 422 dwelling units
(4.95 du/ac) consisting of 230 single-family dwellings and 192 multi-family units.
A minor modification to the project was administratively approved in 2018 allowing 40
single-family dwellings to be reassigned as townhome dwellings. The maximum of 422
dwelling units did not change.
2017 Approved Site Plan with Staff Markups
Planning Board - October 1, 2020
ITEM: 3 - 2 - 4
Z17-08M Staff Report PB 10.1.2020 Page 5 of 17
2018 Site Plan with Staff Markups
PROPOSED CONCEPTUAL PLAN
This application proposes to modify the existing Special Use Permit to construct 18
additional single-family dwellings.
The 18 dwellings are proposed to be placed in the same general location where single-
family homes were initially approved in 2017, prior to the modification.
The proposed expansion will bring the total number of dwelling units to 440 (5.16 du/ac)
from 422 (4.95 du/ac).
The Additional Dwelling Allowance standards in the R-15 district permit a maximum density
of 10.2 du/ac, which equates to 869 dwelling units on the subject property. The applicant’s
current proposal is approximately 51% of the maximum allowable dwelling units.
Planning Board - October 1, 2020
ITEM: 3 - 2 - 5
Z17-08M Staff Report PB 10.1.2020 Page 6 of 17
The proposed site plan has been reviewed by the Technical Review Committee (TRC) and
complies with the Additional Dwelling Allowance standards within the Unified Development
Ordinance.
2020 Proposed Conceptual Plan with Staff Markups
Planning Board - October 1, 2020
ITEM: 3 - 2 - 6
Z17-08M Staff Report PB 10.1.2020 Page 7 of 17
LAND USE
CURRENT DWELLING
UNITS
PROPOSED
DWELLING UNITS
CHANGES IN
DWELLING UNITS
Single-Family
Dwellings 190 208 18
Apartments 192 192 No change
Townhome Units 40 40 No change
Increase of 18 dwellings
AREA SUBDIVISIONS UNDER DEVELOPMENT
Planning Board - October 1, 2020
ITEM: 3 - 2 - 7
Z17-08M Staff Report PB 10.1.2020 Page 8 of 17
TRANSPORTATION
Access is provided to the subject property by Gordon Road (SR 2048), a minor arterial
street.
Primary Access Points to Major Roadways
Typically, single-family dwellings generate approximately one trip in the peak hours. The
proposed addition would allow 18 more dwellings, which would generate about 18 trips in
the AM peak hours and 20 trips in the PM peak hours.
A Traffic Impact Analysis (TIA) was conducted for the proposed development in 2017 and
approved by the WMPO and NCDOT. The applicant has completed the required traffic
improvements including signal installation at the Gordon Road and Blount Drive (site access),
light timing adjustments along Gordon Road, and turn lane modifications at the site access,
Gordon/North College Road and Gordon/I-40.
The WMPO and the NCDOT have determined an update to the Traffic Impact Analysis (TIA)
is not required for this requested Special Use Permit modification and the completed
Planning Board - October 1, 2020
ITEM: 3 - 2 - 8
Z17-08M Staff Report PB 10.1.2020 Page 9 of 17
improvements are sufficient to handle the additional traffic generated by the 18 single-
family dwellings units.
Notable improvements to Gordon Road at Lewis Landing Avenue
Planning Board - October 1, 2020
ITEM: 3 - 2 - 9
Z17-08M Staff Report PB 10.1.2020 Page 10 of 17
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Nearby Traffic Impact Analyses:
Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards.
Approved analyses must be re-examined by NCDOT if the proposed development is not completed by
the build out date established within the TIA.
Nearby NC STIP Projects:
U-6202 (Gordon Road Improvements)
o The NC State Transportation Improvement Program includes (U-6202) that will
widen Gordon Road to multi-lanes from US HWY 17 (Market Street) to I-40.
Currently this project is scheduled for right of way acquisition in 2025 and
construction is currently not funded.
U-5792 (College/MLK Interchange) & U-5881 (College Road Improvements)
Planning Board - October 1, 2020
ITEM: 3 - 2 - 10
Z17-08M Staff Report PB 10.1.2020 Page 11 of 17
o The NC State Transportation Improvement Program includes two projects (U-5792
& U-5881) that will upgrade College Road from Gordon Road to New Centre Drive.
NCDOT’s recommended plans for these projects include converting certain
intersections along College Road into interchanges, including at MLK Parkway and
Kings Drive.
o The production schedule for the College/MLK Interchange and College Road
Improvements projects were to begin right-of-way acquisition in 2024 and 2025,
respectively, and bidding of the projects in 2026 and 2028, respectively. However,
both of these projects are currently on hold for the foreseeable future.
Proposed Development Land Use/Intensity TIA Status
1. The Landing at
Lewis Creek
(Subject Site)
208 single-family dwellings
40 townhome units
192 multi-family units
TIA approved September 6,
2017
TIA approved September 16,
2020
2021 Build Out Year
The TIA requires improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Extend the northbound turn lane on Gordon Road and North College Road/I-40
westbound ramps.
Extend the existing westbound left-turn lane and extend the existing southbound left
turn lane on Gordon road and North College Road/I-40 eastbound Ramps.
Signalize the intersection of Gordon and Blount Drive (site access). Provide coordination
with the signals along Gordon Road. Provide a westbound-left turn lane on Gordon
Road and provide and eastbound right turn lane on Gordon Road at the site access.
At site access provide an internal protected stem, north bound approach a minimum left
turn lane and through-right turn lane.
Nearby Proposed Developments included within the TIA:
Gordon Road Buy Quick
Development Status: 131 lots have been platted at this time. Currently all roadway
improvements have been completed.
Planning Board - October 1, 2020
ITEM: 3 - 2 - 11
Z17-08M Staff Report PB 10.1.2020 Page 12 of 17
Proposed Development Land Use/Intensity TIA Status
2. Smith Creek Village
Development
318 multi-family units
TIA approved February 7,
2019
2020 Build Out Year
The TIA requires improvements be completed at certain intersections in the area. The notable
improvements consisted of:
A revision of the signal plan at US HWY 117/NC132 (North College Road) and I-40.
At site access construction of a right in right out only access and stop control for egress
traffic.
Gordon Road and Blount Drive, construction of a westbound and southbound turn lanes.
Revision of signal plan at Gordon Road and Blount Drive.
Nearby Proposed Developments included within the TIA:
The Landing at Lewis Creek Estates Subdivision
Development Status: Completed, Currently All Roadway Improvements Have Been
Completed.
SCHOOLS
Students generated from this development would be assigned
to Blair Elementary, Trask Middle, and New Hanover High schools. Students may apply to
attend public magnet, year-round elementary, or specialty high schools.
422 dwelling units are permitted under the current (CUD) R-15 zoning, and 440 dwelling units
would be allowed under the proposed modification, for an increase of 18 dwellings.
Based on average student generation rates,* there are an average of 0.24 public school
students (0.11 elementary, 0.05 middle, and 0.08 high) generated per dwelling unit across
New Hanover County. The proposed modification can be estimated to generate 4
(2 elementary, 1 middle, and 1 high) more students than currently allowed.
Intensity Estimated Student Generation
Existing Development: 422 residential units Total: 101
(45 elementary, 23 middle, 33 high)
Proposed Development: 440 residential units Total: 105
(47 elementary, 24 middle, 34 high)
Net change: + 4 students (2 elementary, 1 middle, 1 high)
*Average student generation rates are calculated by dividing the projected New Hanover County public school student
enrollment for the 2020-2021 school year by the estimated number of dwelling units in the county. While different
housing types and different locations typically yield different numbers of students, these average generation rates can
provide a general guide for the number of students to anticipate. Total projected student enrollment was used, which
includes students attending out-of-district specialty schools, such as year-round elementary schools, Isaac Bear,
and SeaTECH.
Planning Board - October 1, 2020
ITEM: 3 - 2 - 12
Z17-08M Staff Report PB 10.1.2020 Page 13 of 17
School Enrollment* and Capacity**—2021-2022 Estimates
Level
Total NHC
%
Capacity School
Enrollment of
Assigned
School
Capacity of
Assigned
School w/
Portables
% of Capacity
of Assigned
School
Funded
Capacity
Upgrades
Elementary 97% Blair 526 554 95% None
Middle 107% Trask 717 662 108% None
High 105% New Hanover 1,532 1,648 93% None
*Enrollment is based on projected New Hanover County Schools enrollment for the 2020-2021 school year.
**Capacity calculations were determined by New Hanover County Schools for the 2020-2021 school year and are
based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific program requirements
unique to a particular school. These may include exceptional children’s classrooms beyond the original building design;
classrooms to serve a unique population such as ESL; or classrooms designated for art and music if the building wasn’t
specifically designed with those spaces.
ENVIRONMENTAL
The southern portion of the property contains Special Flood Hazard Areas along Smith
Creek. These flood areas include an AE floodway, AE flood zone (100-year floodplain),
and Shaded X flood zone (500-year floodplain), however, the proposed 18 additional
single-family dwellings are not located within any flood zones.
The property contains regulated wetlands and access to the 18 dwelling units will require
wetland crossing and impact permits from the U.S. Army Corps of Engineers. Most of the
wetlands area is located in the southern portion of property along Smith Creek. These
wetlands adjacent to Smith Creek are subject to the county’s conservation resources
standards.
The property is not located within a Natural Heritage Area.
The subject property is within the Smith Creek (SA;HQW) watershed.
Soils on the property consist of Class II (moderate limitation), Class III (severe limitation)
and Class IV (unsuitable) soils, however, this project must install public water and sewer
service in accordance with the standards for Additional Dwelling Allowance developments
and CFPUA.
Planning Board - October 1, 2020
ITEM: 3 - 2 - 13
Z17-08M Staff Report PB 10.1.2020 Page 14 of 17
CONTEXT AND COMPATIBILITY
The subject property is located just east of the intersection of 1-40 and Gordon Road.
The proposed addition is interior to an existing partially developed neighborhood. This
phase is proposed to be built by the same developer and it is located in an area with a
mixture of single-family homes and townhomes.
Representative Developments of R-15 with Additional Dwelling Allowance:
The Landing at Lewis Creek Estates The Landing at Lewis Creek Estates
Townhomes Adjacent to Subject Site Townhomes Adjacent to Subject Site
Single-Family Homes Adjacent to Subject Site
Planning Board - October 1, 2020
ITEM: 3 - 2 - 14
Z17-08M Staff Report PB 10.1.2020 Page 15 of 17
2016 COMPREHENSIVE LAND USE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County’s future land use, as designated by place types describing the character and
function of the different types of development that make up the community. These place types are
intended to identify general areas for particular development patterns and should not be
interpreted as being parcel specific.
Future Land Use
Map Place Type Urban Mixed Use
Place Type
Description
Promotes development of a mix of residential, office, and retail uses at
higher densities. Types of uses encouraged include office, retail, mixed use,
small recreation, commercial, institutional, single-family, and multi-family
residential.
Analysis
The proposed expansion is located in the existing Landing at Lewis Creek
Estates subdivision which is located along Gordon Road just east of the I-40
and Gordon Road interchange. The area where the additional homes are
proposed abuts a property used for a wireless telecommunications tower
and two vacant, residential-zoned properties.
The subject property is designated as Urban Mixed Use in the
Comprehensive Plan, which supports a mix of uses at moderate- to high-
intensities, including moderate- to high-density residential uses. The plan’s
intent is to allow more commercial options and higher residential densities in
this area in order to take advantage of the proximity to nearby basic goods
and services and to help reduce long travel distances and associated levels
of traffic along Gordon Road and surrounding streets.
During review of the existing Special Use Permit in 2017, the Board of
Commissioners determined that the densities and housing types included in
the Landing at Lewis Creek Estates subdivision were appropriate for this
Planning Board - October 1, 2020
ITEM: 3 - 2 - 15
Z17-08M Staff Report PB 10.1.2020 Page 16 of 17
area because the project could provide affordable workforce housing. They
also found that it increases the probability that commercial land uses would
be developed on vacant land within the nearby area, thereby contributing
to the mixed-use development pattern promoted by the plan.
The proposed modification expands the residential use that currently exists
on the site. It would allow for 18 new single-family lots, which would increase
the total density (including existing units) from 4.95 units per acre to 5.15
units per acre. This is within the residential density range of approximately
16+ units per acre that is outlined for the Urban Mixed Use place type and
the moderate- to high-densities recommended for Urban Mixed Use areas.
STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT:
Staff has conducted an analysis of the proposed use and the information provided as part of the
application package and has created preliminary findings of fact for each of the conclusions
required to be reached to approve the special use permit request. These preliminary findings of
fact and conclusions are based solely on the information provided to date, prior to any information
or testimony in support or opposition to the request that may be presented at the upcoming public
hearing at the Board meeting.
Finding 1: The Board must find that the use will not materially endanger the public health or
safety where proposed and developed according to the plan as submitted and approved.
A. The site is accessed from Gordon Road, a minor arterial street.
B. Water and sewer services will be provided and designed in accordance with CFPUA’s
standards.
C. The subject property is located in the New Hanover County Northern Fire Service District.
D. The 18 additional single-family dwellings are not located within any flood zones and are
not located within any Special Flood Hazard Area.
E. A Traffic Impact Analysis (TIA) was completed for the proposed development in 2017 and
approved by the WMPO and NCDOT. The applicant has completed the required traffic
improvements including signal installation, light timing adjustments, and turn lane
modifications.
Finding 2: The Board must find that the use meets all required conditions and specifications of
the Zoning Ordinance.
A. The site is zoned (CUD)R-15, Residential District with an Additional Dwelling Allowance
Special Use Permit that allows a maximum of 422 dwelling units.
B. The site plan has been reviewed by the Technical Review Committee and complies with all
applicable technical standards including Unified Development Ordinance (UDO) Section
3.1.3.E.1: Additional Dwelling Allowance.
Finding 3: The Board must find that the use will not substantially injure the value of adjoining
or abutting property or that the use is a public necessity.
A. The surrounding area contains similar residential uses.
B. No evidence has been submitted that this project will decrease the property values of
adjacent or nearby properties.
Planning Board - October 1, 2020
ITEM: 3 - 2 - 16
Z17-08M Staff Report PB 10.1.2020 Page 17 of 17
Finding 4: The Board must find that the location and character of the use if developed according
to the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development for New Hanover County.
A. The 2016 Comprehensive Plan classifies the area proposed for the development as Urban
Mixed Use, and the proposal aligns with the intent of this land use classification. The
proposal provides housing at densities consistent with what is encouraged in this place type
and along with the adjacent land uses, allows for the desired mix of uses.
Existing Conditions
No changes to the existing 2017 Special Use Permit conditions (below) or additional conditions
are proposed.
1. The proposed private right-of-ways shall be open for public use and placed within a public
access easement.
2. Streetscape landscaping and buffering, consistent with that of which is required for high
density developments adjacent to single-family developments, shall be installed around the
multi-family structures to provide a screen from the single-family lots located within the
development.
3. A 20-foot wide access easement shall be dedicated to the County along Smith Creek in
order to allow for the future installation of a multi-use path in accordance with the
Wilmington/NHC Greenway Plan.
4. Five feet of right-of-way shall be dedicated to NCDOT along Gordon Road for the purpose
of allowing for future roadway improvements. This right-of-way dedication shall be in
addition to any right-of-way dedication required as a result of the TIA and driveway
permit.
EXAMPLE MOTIONS
Example Motion for Approval:
Motion to recommend approval, as the Board finds that this application for a Special Use Permit
meets the four required conclusions based on the findings of fact included in the Staff Report.
[OPTIONAL] Note any additional findings of fact related to the four required conclusions.
[OPTIONAL] Note any conditions be added to the development:
[List Conditions]
Motion to recommend denial, as the Board cannot find that this proposal:
1. Will not materially endanger the public health or safety;
2. Meets all required conditions and specifications of the Unified Development Ordinance;
3. Will not substantially injure the value of adjoining or abutting property;
4. Will be in harmony with the area in which it is to be located and in general conformity
with the Comprehensive Land Use Plan for New Hanover County.
[State the finding(s) that the application does not meet and include reasons why it is not being met]
Planning Board - October 1, 2020
ITEM: 3 - 2 - 17
Planning Board - October 1, 2020
ITEM: 3 - 3 - 1
Planning Board - October 1, 2020
ITEM: 3 - 4 - 1
Planning Board - October 1, 2020
ITEM: 3 - 5 - 1
APPLICANT
MATERIALS
Planning Board - October 1, 2020
ITEM: 3 - 6 - 1
Planning Board - October 1, 2020
ITEM: 3 - 6 - 2
Planning Board - October 1, 2020
ITEM: 3 - 7 - 1
Planning Board - October 1, 2020
ITEM: 3 - 7 - 2
Planning Board - October 1, 2020
ITEM: 3 - 7 - 3
Planning Board - October 1, 2020
ITEM: 3 - 7 - 4
Planning Board - October 1, 2020
ITEM: 3 - 7 - 5
Planning Board - October 1, 2020
ITEM: 3 - 7 - 6
TRAFFIC IMPACT
ANALYSIS
MATERIALS
Planning Board - October 1, 2020
ITEM: 3 - 8 - 1
Planning Board - October 1, 2020
ITEM: 3 - 8 - 2
September 16, 2020
Mr. Don Bennett, PE
Davenport Transportation Consulting
3722 Shipyard Blvd, Suite E
Wilmington, NC 28403
RE: Revised approval of the Traffic Impact Analysis (TIA) associated with the proposed
The Landing at Lewis Creek Estates Development
New Hanover County, NC
The WMPO, NCDOT, and New Hanover County staffs have reviewed The Landing at Lewis
Creek Estates Development TIA revision dated July 28, 2017 as well as supplemental
information provided on September 16, 2020. This Development consists of:
• 208 Single Family Homes (LUC 210)
• 40 Multi-Family Housing Low-Rise (LUC 220)
• 192 Multi-Family Housing Mid-Rise (LUC 221)
Based on review of the analysis provided in the TIA report, the following improvements
are required by the developer:
SR 2408 (Gordon Road) and Blount Drive/Site Access
• Signalize the intersection and provide coordination with the signals along Gordon
Road.
• Provide a westbound left-turn lane on Gordon Road with 200 feet of storage and
appropriate full-width deceleration and taper.
• Provide an eastbound right-turn lane on Gordon Road with 200 feet of storage
and appropriated full-width deceleration and taper.
• Site access – northbound approach:
o Provide a minimum of 400 feet of internal protected stem.
o Proved a left-turn lane with a minimum of 400 feet of storage.
o Provide a thru-right lane with a minimum of 400 feet of storage.
Planning Board - October 1, 2020
ITEM: 3 - 9 - 1
2
SR 2408 (Gordon Road) and I-40 Westbound Ramps
• Extend the existing northbound right-turn lane on the ramp to provide 325 feet of
storage and appropriate full-width deceleration and taper.
SR 2408 (Gordon Road) and NC 132 (N. College Road)/I-40 Eastbound Ramps
• Extend the existing westbound left-turn lane on Gordon Road to provide
maximum storage within the existing constraints.
• Extend the existing southbound left-turn lane on N. College Road to provide 650
feet of storage and appropriate full-width deceleration and taper.
If changes are made to the proposed site driveways and/or use, the current trip
distribution may need to be modified and would require a revised Traffic Impact Analysis
to be submitted for review by the NCDOT, WMPO, and New Hanover County. This
approval would become null and void.
The applicant is required to obtain all applicable New Hanover County and NCDOT
permits for access to the road network. All applicable NCDOT and New Hanover County
technical standards and policies shall apply.
Please contact me at 910-772-4170 with any questions regarding this approval.
Sincerely,
Kayla Grubb, EI
Project Engineer
Wilmington Metropolitan Planning Organization
ec: Mike Kozlosky, Executive Director, WMPO
Bill McDow, Transportation Planner, WMPO
Scott James, PE, Transportation Project Engineer, WMPO
Ben Hughes, PE, District Engineer, NCDOT
Jessi Leonard, PE, Division Traffic Engineer, NCDOT
Eva Covarrubias, EI, Transportation Engineering Associate, NCDOT
Brad Schuler, Senior Planner, New Hanover County
Ron Meredith, Current Planner, New Hanover County
Planning Board - October 1, 2020
ITEM: 3 - 9 - 2
PROPOSED
SITE PLAN
Planning Board - October 1, 2020
ITEM: 3 - 10 - 1
Planning Board - October 1, 2020
ITEM: 3 - 10 - 2
No.License #RevisionDesignerDrawn ByDate ByScaleDateJob No.PREPARED FOR:Sheet No.THE LANDINGAT LEWIS CREEK ESTATESMcADAMS HOMES, LLC6626-C GORDON ROADWILMINGTON, NC 28411910-799-3006WilmingtonNew Hanover CountyNorth CarolinaGRAPHIC SCALE1 inch = 200 ft.2000 100 200 400C-1Planning Board - October 1, 2020ITEM: 3- 11 - 1
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 10/1/2020
Regular
DEPARTMENT: Planning PRESENTER(S): Rebekah Roth
CONTACT(S): Rebekah Roth; Wayne Clark
SUBJECT:
Public Hearing
Text Amendment Request (TA20-02)-Request by New Hanover County to amend Ar5cles 2, 3, 4, 5, 6, and 8 of the
Unified Development Ordinance to update the county's tree reten5on standards, standardize and coordinate open
space requirements, modernize setback and residen5al height requirements, refine landscaping and buffering
standards, update parking standards, provide for clear and consistent use permissions and standards, and add
Erosion and Sedimenta5on Control ordinance provisions.
BRIEF SUMMARY:
This amendment includes the final ordinance changes associated with the Unified Development Ordinance code
update project designed to implement the 2016 Comprehensive Plan. It consists of three categories of updates to
exis*ng regula*ons:
1. Tree-Related Amendments
a. An update to strengthen the county's tree reten*on standards that became a part of the scope of the project last
fall during the discussion on preserving large live oaks
b. An amendment to provide consistent open space provisions that coordinate with Tree Reten*on standards to
incen*vize the protec*on of exis*ng tree canopy
2. Infill Suppor*ve Amendments
a. A moderniza*on of setback and residen*al height requirements
b. Refined transi*onal buffers and landscaping standards that coordinate with the tree-related amendments
3. Amendments to Modernize and Update Provisions
a. Updated parking standards that reflect the list of principal uses adopted as part of the Unified Development
Ordinance format in February 2020
b. Amendments to provide for clear and consistent use permissions and standards
c. The addi*on of an updated Erosion and Sedimenta*on Control Ordinance to the Unified Development Ordinance
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth & Economic DevelopmentEncourage development of complete communi*es in the unincorporated
countyCi*zens have daily needs met by NHC businesses and support themEnsure NHC has appropriate housing to
support business growthIncrease connec*vity of residents to each other and their investment to New Hanover
County
Planning Board - October 1, 2020
ITEM: 4
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends the following mo*on:
I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance that
updates the county's tree reten*on standards, standardizes and coordinates open space requirements, modernizes
setback and residen*al height requirements, refines landscaping and buffering standards, updates parking standards,
provides for clear and consistent use permissions and standards, and adds Erosion and Sedimenta*on Control
ordinance provisions. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan
because it provides up-to-date zoning tools that reflect the plan's recommended place types and development pa=erns
and encourages plan goals of infill and redevelopment and conserva*on of environmentally cri*cal areas. I also
find APPROVAL of the proposed amendment reasonable and in the public interest because it includes the zoning tools
essen*al to address the Comprehensive Plan's listed goals and provides for clearer and more consistent standards.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - October 1, 2020
ITEM: 4
SCRIPT for Unified Development Ordinance Text Amendment (TA20-02)
Request by New Hanover County to amend Articles 2, 3, 4, 5, 6, and 8 of the Unified Development
Ordinance to update the county’s tree retention standards, standardize and coordinate open space
requirements, modernize setback and residential height requirements, refine landscaping and
buffering standards, update parking standards, provide for clear and consistent use permissions and
standards, and add Erosion and Sedimentation Control ordinance provisions.
This is a public hearing. We will hear a presentation from staff. Then any supporters and any opponents
will each be allowed 15 minutes for their presentations and an additional 5 minutes for rebuttal.
1. Conduct Hearing, as follows:
a. Staff/Applicant presentation
b. Supporters’ presentation(s) (up to 15 minutes)
c. Opponents’ presentation(s) (up to 15 minutes)
d. Applicant’s rebuttal (up to 5 minutes)
e. Opponents’ rebuttal (up to 5 minutes)
2. Close the public hearing
3. Board discussion
4. Vote on amendment. The motion should include a statement saying how the change is, or is not,
consistent with the land use plan and why approval or denial of the rezoning request is reasonable
and in the public interest.
Example Motion of Approval:
Staff recommends approval of the proposed amendment and suggests the following motion:
I move to APPROVE the proposed amendment to the New Hanover County Unified Development
Ordinance that updates the county’s tree retention standards, standardizes and coordinates open space
requirements, modernizes setback and residential height requirements, refines landscaping and buffering
standards, updates parking standards, provides for clear and consistent use permissions and standards,
and adds Erosion and Sedimentation Control ordinance provisions. I find it to be CONSISTENT with the
purpose and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools that
reflect the plan’s recommended place types and development patterns and encourages plan goals of
infill and redevelopment and conservation of environmentally critical areas. I also find APPROVAL of
the proposed amendment reasonable and in the public interest because it includes the zoning tools
essential to address the Comprehensive Plan’s listed goals and provides for clearer and more consistent
standards.
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] the proposed amendment to the New Hanover County Unified Development
Ordinance that that updates the county’s tree retention standards, standardizes and coordinates open
space requirements, modernizes setback and residential height requirements, refines landscaping and
buffering standards, updates parking standards, provides for clear and consistent use permissions and
standards, and adds Erosion and Sedimentation Control ordinance provisions. I find it to be
[Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons]
__________________________________________________________________________________
__________________________________________________________________________________
I also find [Approval/Denial] of the proposed amendment is reasonable and in the public interest because
[insert reasons]
__________________________________________________________________________________
__________________________________________________________________________________
Planning Board - October 1, 2020
ITEM: 4 - 1 - 1
TA19-01 Staff Report PB 7.9.2020 Page 1 of 8
STAFF REPORT FOR TA20-02
TEXT AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: TA20-02
Request:
To amend Articles 2, 3, 4, 5, 6, and 8 of the Unified Development Ordinance to update the
county’s tree retention standards, standardize and coordinate open space requirements,
modernize setback and residential height requirements, refine landscaping and buffering
standards, update parking standards, provide for clear and consistent use permissions and
standards, and add Erosion and Sedimentation Control ordinance provisions.
Applicant: Subject Ordinances:
New Hanover County Unified Development Ordinance
Purpose & Intent
This amendment includes the final ordinance changes associated with the Unified Development
Ordinance code update project designed to implement the 2016 Comprehensive Plan. It
consists of three categories of updates to existing regulations:
1. Tree-Related Amendments
a. An update to strengthen the county’s tree retention standards that became a
part of the scope of the project last fall during the discussion on preserving
large live oaks
b. An amendment to provide consistent open space provisions that coordinate with
Tree Retention standards to incentivize the protection of existing tree canopy
2. Infill Supportive Amendments
a. A modernization of setback and residential height requirements
b. Refined transitional buffers and landscaping standards that coordinate with the
tree-related amendments
3. Amendments to Modernize and Update Provisions
a. Updated parking standards that reflect the list of principal uses adopted as
part of the Unified Development Ordinance format in February 2020
b. Amendments to provide for clear and consistent use permissions and standards
c. The addition of an updated Erosion and Sedimentation Control Ordinance to the
Unified Development Ordinance
BACKGROUND
This request consists of the final Unified Development Ordinance (UDO) amendments associated
with the UDO code update project designed to implement the 2016 Comprehensive Plan. While a
number of ordinance amendments were discussed over the course of the project, its core scope
included two primary purposes:
Planning Board - October 1, 2020
ITEM: 4 - 2 - 1
TA19-01 Staff Report PB 7.9.2020 Page 2 of 8
(1) to make sure that the recommendations that came out of the Comprehensive Plan regarding
a greater mix of uses, more housing diversity, and a wider spectrum of residential density
were allowed by our development regulations; and
(2) to clarify and streamline the separate codes regulating development in unincorporated New
Hanover County into one unified development ordinance to make sure they all worked
together, were easier to use and understand, and to avoid unintentional conflicts.
In February 2020, the New Hanover County Unified Development Ordinance (UDO) was adopted,
and these two primary purposes were addressed. The third and last phase of the project, which
included the assorted amendments adopted by the Board of Commissioners at their September 8,
2020 meeting, is made up of final targeted amendments and technical fixes.
This request consists of three primary categories of updates to existing regulations: tree-related
amendments, infill compatibility amendments, and amendments to modernize and update provisions.
These proposed code changes will close out the UDO Project, but there will be future updates and
improvements to regulations as the need arises. Future amendments may result from changing legal
requirements, additional non-policy related technical needs, policy direction from the Board of
Commissioners, new programs (such as the Stormwater Services Program), and new data or
information (such as the findings from the comprehensive workforce housing study and survey due
later this year).
1. TREE-RELATED AMENDMENTS
a. Tree-Retention Standards
The county’s tree retention standards have been established in recognition of the various benefits,
including energy conservation, reduction in stormwater runoff, slowing of flood waters, and filtering
of airborne pollutants, to protect high-value trees, especially mature specimens. This amendment
was spurred by the conversation regarding the protection of large live oaks in fall 2019 and is
primarily intended to provide for additional protection of high-value tree species other than live
oaks. Through conversations with property owners, tree advocacy organizations (e.g., the Alliance
for Cape Fear Trees and the Soil and Water Conservation District’s Tree Canopy Working Group),
county zoning compliance staff, and members of the development community, project staff also
identified that in addition to protection of individual trees, incentives to protect existing tree canopy
would provide additional public benefits.
The proposed amendment includes several changes to existing provisions, including:
• Pond Cypresses and Bald Cypresses have been added as Specimen Trees due to their
longevity;
• Long Leaf Pines, Pond Cypresses, and Bald Cypresses are considered Significant Trees at
18 inches Diameter at Breast Height (DBH) rather than 24 inches DBH;
• Flowering trees are only considered Significant Trees if they are native species;
• Long Leaf Pines, Pond Cypresses, Bald Cypresses, and Hardwoods must be documented at
8 inches DBH rather than 12 inches DBH;
• To clarify current regulations, sweetgums are only regulated when they are located within
required vegetative buffer areas or required open space, as their vulnerability to limb
breakage during storms warrants greater flexibility in open areas or near buildings;
Planning Board - October 1, 2020
ITEM: 4 - 2 - 2
TA19-01 Staff Report PB 7.9.2020 Page 3 of 8
• New incentives to encourage property owners to retain existing tree canopy, including a
reduction in parking spaces and allowing retained trees to count as tree mitigation, have
been added.
The proposed amendment also includes updated definitions and terms and clarifications to ensure
consistency with state law, new terminology, current practice (such as tree inventories), and unclear
provisions (e.g., the size required for replacement trees).
The proposed amendment does not include a reduction in the size threshold for Specimen Trees;
based on the data gathered over the past year, there is no evidence that the current 36-inch DBH
threshold is allowing the removal of large numbers of high-quality trees just below that size. Staff
is developing an ongoing evaluation of the county’s tree retention standards and will continue
monitoring the effectiveness of the Specimen Tree threshold and new tree canopy-focused
incentives.
b. Open Space Standards
The proposed changes to open space standards were identified during conversations with
stakeholders and our consulting firm about additional ways to incentivize the retention of tree
canopy and during development review due to questions about the types of areas that qualified
as open space, requests for flexibility to adjust open space types as the needs of residents changed,
and concerns regarding maintenance that have occurred for certain types of open space amenities,
such as playgrounds and golf courses. In addition, current open space requirements are inconsistent
with different types of site features qualifying as open space depending on the type of
development or zoning district, and the way required open space set-aside areas is calculated also
varies.
This amendment addresses these issues by consolidating open space standards into one section of
the UDO, providing consistent calculation methods, amounts required, and qualifying features;
establishing clear descriptions for the types of open space that meet ordinance requirements; and
incentivizing protection of existing tree canopy and native species.
The open space set-aside requirements for residential projects in the proposed amendment have
been adjusted since the public release drafts as the result of stakeholder questions and additional
staff research. It was determined that due to the reduced design flexibility, increased likelihood
of lower density, and larger individual lots (private open space) associated with conventional
subdivisions, open space set-asides of about 10% would be more appropriate for these types of
projects. Performance residential projects—which allow for clustering—would provide open space
set-asides of 20% under current standards if the proposed open space features were counted, so
the set-aside requirements for those projects have not been changed.
The proposed amendment includes the following primary changes to existing provisions:
• Ensuring the types of features that qualify as open space set-asides are consistent
regardless of development type or zoning district;
• Establishing consistent open space set-aside requirements for both residential (10%
conventional; 20% performance) and mixed-use (15%) developments;
• Defining the eight types of site features that are allowed to meet set-aside standards; and
• Incentivizing the retention of long leaf pine stands and old growth forest by allowing them
to count for double the amount of open space.
Planning Board - October 1, 2020
ITEM: 4 - 2 - 3
TA19-01 Staff Report PB 7.9.2020 Page 4 of 8
The amendment also clarifies open space design standards, types of development (e.g., trails, picnic
tables, benches) permitted within set-asides, ownership and management requirements, and
provisions for payments in-lieu of dedication.
2. INFILL SUPPORTIVE AMENDMENTS
a. Setback and Height Requirements
Because new development in unincorporated New Hanover County, except on the large,
undeveloped tracts in the Sidbury Road area, is likely to be located close to existing neighborhoods
because of the availability of water and sewer utilities, this amendment was developed to provide
for setback standards in-line with those commonly used in suburban, rather than rural, areas and
for residential heights that accommodate current construction standards.
It is intended to establish best-practice standard setbacks for commercial and industrial buildings
adjacent to residential properties to replace the current method in the ordinance, which is based on
an arbitrary multiplier applied to building height. Residential height maximums are also increased
from 35 feet to 40 feet to accommodate changes in construction standards and market demand,
and in response to questions regarding long-term resiliency of residential structures, the current
maximum height of 44 feet allowed for structures in identified flood zones have been expanded
to apply to any structures elevated on open foundations (e.g., piers, posts, columns, or piles). These
provisions are meant to allow three-story homes constructed on-grade and one- to two-story homes
if elevated on open foundations.
b. Landscaping and Buffers
The proposed amendment to Landscaping and Buffering standards is coupled with the height and
setback standards because of the role transitional buffers play in ensuring compatibility between
adjacent land uses. This amendment also aligns landscaping standards with the proposed tree-
related amendments.
The proposed amendment includes a series of changes to existing provisions, which include:
• Reducing the tree planting requirements for small-scale expansions of existing buildings (less
than 25% increase in floor area or vehicle use area or requiring fewer than 20 space) as
these projects are generally on smaller sites and this requirement could discourage
redevelopment;
• Adjusting the required caliper inches for replacement trees to the best-practice 2.5 caliper
inches, as they are more resilient, reach a size comparable with 3-inch plantings, and are
less expensive;
• Establishing transitional buffer standards that are coordinated with proposed standard
setbacks; and
• Requiring transitional buffers for industrial uses adjacent to all residential types, not just
single family.
The amendment also clarifies existing standards, such as landscaping upgrades required for
redevelopment projects, the requirement that existing vegetation used to meet requirements should
be in good health and non-invasive, the types of development (e.g., trails) allowed within buffers,
screening and street yard requirements, how fractions should be rounded, the size of landscaping
islands, and when understory trees can be used in street yard landscaping design.
Planning Board - October 1, 2020
ITEM: 4 - 2 - 4
TA19-01 Staff Report PB 7.9.2020 Page 5 of 8
3. AMENDMENTS TO MODERNIZE & UPDATE PROVISIONS
a. Parking and Loading Standards
The current parking and loading standards are out of date—they are largely unchanged from the
standards adopted in the early 1980s and the list of uses for which minimum parking requirements
are outlined is inconsistent with the list of uses in the Principal Use Table. The proposed amendment
ensures that the use list for parking minimums mirrors the Principal Use Table list and categories and
updates parking minimum requirements, alternative parking options, and parking lot design
standards.
The primary proposed changes include:
• Basing parking minimum standards on consistent criteria (building size, etc.) instead of
operation criteria, such as number of employees, that may change more frequently;
• Ensuring that each use listed on the Principal Use Table has a clear minimum parking
standard to increase predictability for code users;
• Outlining clear criteria for determining parking standards for unlisted uses or mixed use
developments;
• Updating alternative parking plan standards to allow parking demand studies, establish
clear provisions for shared parking arrangements, provide for deferred parking, and
accommodate valet and tandem parking arrangements;
• Establishing best practice surfacing and design standards for off-street parking lots;
• Permitting parking garages in the B-1, CB, B-2, O&I, and AC districts by-right;
• Updating loading space minimums in accordance with best practices while providing for
flexibility for individual uses; and
• Adding parking area standards for cluster-style mailbox kiosks to subdivision and
performance residential development requirements.
The amendment also removes redundant requirements covered in other portions of the code and
clarifies when parking and loading standards apply.
b. Use Permissions and Standards
This proposed amendment aims to meet two primary goals: (1) make sure the Unified Development
Ordinance’s use permissions accommodate current and emerging land uses we can anticipate seeing
in unincorporated New Hanover County within the next decade and (2) apply permissions and
standards consistently to similar uses and zoning districts. This amendment also includes removal of
use-specific and district-specific standards that are included in another section in this round of
amendments to reduce the potential for conflicts.
This amendment includes assorted changes to uses and standards, including
• Addition of new uses (e.g., Food Pantry; Community Garden; Commercial Kitchen, Catering;
and Data Center), along with use-specific and parking standards, and definitions for each
use;
Planning Board - October 1, 2020
ITEM: 4 - 2 - 5
TA19-01 Staff Report PB 7.9.2020 Page 6 of 8
• Clarifying the permissions for uses such as Hospice, Event Center, and
Microbrewery/Microdistillery that currently fall under a broader use to make sure that
permissions and standards (such as parking) are tailored to the specific use;
• Applying use-specific standards in new districts that are similar to those where the standards
already apply;
• Establishing consistent permissions for uses, such as Senior Living and Recycling Centers, so
that composite uses (e.g., Continuing Care Facilities) are allowed in districts where each part
(e.g., Independent Living and Assisted Living) are permitted;
• Removing district-specific standards from the R-7 district, as they are either inconsistent with
provisions for other similar districts or are included elsewhere in the ordinance; and
• Aligning building separation standards with the requirements of the North Carolina Building
Code.
The proposed amendment also clarifies some existing definitions and standards.
c. Erosion and Sedimentation Control Ordinance
The North Carolina Sedimentation Control Commission delegates authority to implement the
Sedimentation Pollution Control Act (SPCA) to cities and counties that adopt a local qualifying
erosion and sediment control ordinance in compliance with North Carolina state requirements. The
county’s Erosion and Sediment Control Program is managed by the county Engineering Department.
The proposed amendment would incorporate the Erosion and Sedimentation Control Ordinance into
the Unified Development Ordinance format. It includes updates required by the NC Department
of Environment and Natural Resources and NC Sedimentation Control commission.
Planning Board - October 1, 2020
ITEM: 4 - 2 - 6
TA19-01 Staff Report PB 7.9.2020 Page 7 of 8
PROPOSED AMENDMENT
The proposed text amendment and supplemental summary sheets are attached, with red italics
indicating new language and strikethrough indicating provisions that are removed. Any changes to
the summary sheets and drafts made in response to public review comments are shown in either
blue strikethrough or blue italics.
As a note, the Erosion and Sedimentation Control Ordinance does not have a summary sheet
because it is a reorganization of an existing code with only clarifications and state-required
changes. The attached draft does include an update to a reference in the Planned Development
zoning district description not originally included in the public release draft. It is also in blue italics.
STAFF RECOMMENDATION
Staff recommends approval of the requested amendment and suggests the following motion:
I move to APPROVE the proposed amendment to the New Hanover County Unified
Development Ordinance that updates the county’s tree retention standards, standardizes
and coordinates open space requirements, modernizes setback and residential height
requirements, refines landscaping and buffering standards, updates parking standards,
provides for clear and consistent use permissions and standards, and adds Erosion and
Sedimentation Control ordinance provisions. I find it to be CONSISTENT with the purpose
and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools
that reflect the plan’s recommended place types and development patterns and encourages
plan goals of infill and redevelopment and conservation of environmentally critical areas.
I also find APPROVAL of the proposed amendment reasonable and in the public interest
because it includes the zoning tools essential to address the Comprehensive Plan’s listed
goals and provides for clearer and more consistent standards.
Planning Board - October 1, 2020
ITEM: 4 - 2 - 7
TA19-01 Staff Report PB 7.9.2020 Page 8 of 8
Subject Articles and Sections
Article 2: Measurements and Definitions
• Section 2.1: Measurements
• Section 2.3: Definitions and Terms
Article 3: Zoning Districts
• Section 3.1: General
o Section 3.1.3, Superseding Dimensional Standards
• Section 3.2: Residential Zoning Districts
o Section 3.2.4, Rural Agricultural (RA) District
o Section 3.2.5, Airport Residential (AR) District
o Section 3.2.6, Residential 20S (R-20S) District
o Section 3.2.7, Residential 20 (R-20) District
o Section 3.2.8, Residential 15 (R-15) District
o Section 3.2.9, Residential 10 (R-10) District
o Section 3.2.10, Residential 7 (R-7) District
o Section 3.2.11, Residential Moderate-High Density (R-5) District
o Section 3.2.12, Residential Multi-Family Low Density (RMF-L) District
o Section 3.2.13, Residential Multi-Family Moderate Density (RMF-M) District
o Section 3.2.14, Residential Multi-Family Medium-High Density (RMF-MH) District
o Section 3.2.15, Residential Multi-Family High Density (RMF-H) District
• Section 3.3: Mixed Use Zoning Districts
o Section 3.3.6, Exceptional Design (EDZD) Planned Development District
o Section 3.3.7: Planned Development (PD) District
Article 4: Uses and Use-Specific Standards
• Section 4.2: Allocation of Principal Uses
o Section 4.2.1: Principal Use Permissions
• Section 4.3: Standards for Specified Principal Uses
• Section 4.4: Accessory Use and Structure Standards
• Section 4.5: Temporary Use Standards
Article 5: General Development Standards
• Section 5.1: Parking and Loading
• Section 5.3: Tree Retention
• Section 5.4: Landscaping and Buffering
• Section 5.8: Open Space Requirements
Article 6: Subdivision Design and Improvements
• Section 6.2: Design Standards
Article 8: Erosion and Sedimentation Control
Planning Board - October 1, 2020
ITEM: 4 - 2 - 8
Topic Source Comment Response Tree Retention Earla Pope, Resident and member of Comprehensive Plan Citizen Advisory Committee (See attached full comments.) “Please retain the ‘Purpose and Intention’ listing of the regulations pertaining to tree retention” to make the intent more clear for code users. While staff recognizes that the retention of trees provides benefits, including the slowing of flood waters, which is referenced in the email, including policy language in a technical standards section of the code can be confusing for less frequent code users as it is not legally binding and is intended to only provide background and guidance. General purpose and intent language for the Unified Development Ordinance is included in Section 1.3, General Purpose and Intent, and additional language regarding the intent of the standards and amendments will be included in the staff report and the official order signed by the Chair of the Board of Commissioners if the amendment is adopted. No change has been made to the amendment in response to this comment. “Another less specific omission that seems to be lacking within the Ordinances is the important of groups of wetland trees in high wind storms…close group of trees have interlocking roots that are very important in withstanding winds.” From subsequent correspondence: “It’s the great oaks that benefit most from these group stands. Isolated individual specimens don’t stand much chance after their roots have already been so disturbed by typical land clearing machinery.” In recognition that clusters or stands of trees provide important benefits to the residents and are more resilient to storm events, incentives for protecting existing tree clusters or canopy is provided in the draft Open Space amendment. Additional incentives have been added to the draft Tree Retention amendment to incentivize retention of clusters of trees to better support these efforts. Allison Engebretson, Landscape Architect “Tree protection fencing Section 5.3.6.B The requirement for tree protection to be durable construction may require additional clarification. Typically, tree protection is not a barricade, but a warning to construction workers/vehicles and a way to keep vehicles out of the area around a protected tree. As such, the tree protection does not need to be durable, just visible and maintained. If I understand the ordinance, it would prevent the use of orange safety fence, the standard material for tree protection, from being used. I am not sure if that is your intent or not.” Section 5.3.6.B has been revised to read “Prior to any clearing, grading, or construction activity, approved tree protection fencing, such as safety barrier fencing, wooden slat snow fence, or wire fence, shall be installed around protected trees or tree stands located in construction areas or other site areas that will be disturbed by construction activities.” Open Space Dan Weeks, Landscape Architect (phone call so comments are not verbatim) A reference to the open space requirements may be needed in 3.1.3.D, Performance Residential Development to clarify that there are no provisions Reference has been added. It would be easier for site designers to find the information they need if open space percentages were included in the District Dimensional Standards tables for each district. Because the open space set-aside requirement is the same for every zoning district except EDZD, those standards are included in Section 5.8, Open Space Requirements in keeping with the current Unified Development Ordinance formatting practices and to avoid potential future conflicts. If this proves to be more difficult for code users, then supplementary summary documents can be provided on the Planning website. No change has been made to the amendment in response to this comment. Requiring more than one type of open space set-aside feature for a project may support better project design. Based on staff review, current provisions that outline required types of open space set-asides do not necessarily correlate to better project design on all sites. The amendment is intended to allow greater flexibility in open space set-aside requirements in order to better protect sensitive areas and allow the site features and market to determine the most appropriate types of open space amenities. Staff will monitor the effectiveness of these provisions if the amendment is adopted, but no change has been made to the amendment in response to this comment. Open space features in a project should be integrated. Proposed Section 5.8.6.C, Configuration is revised to read “Open Space set-asides shall be contiguous and integrated, unless a different configuration is needed to continue an existing trail or accommodate preservation of natural features.” Planning Staff (based on stakeholder questions) The exemption provision regarding master planned developments is not clear. Proposed Section 5.8.1.B, Exemptions is revised to read “Single-family and two-family dwellings and mobile homes on individual lots of records or that are created as part of minor or exempt subdivision.” Uses & Standards Donna Girardot, Planning Board (in person comment—not verbatim) Has learned that there is an unintended discrepancy between the county’s building separation standards, as listed in Section 3.1.3, and the North Carolina Building Code. The separation requirements have been updated to be in line with the North Carolina Building Code. Planning Board - October 1, 2020ITEM: 4- 3 - 1
Name
Earla Pope
Email
earlapope@bellsouth.net
Please enter any other comments about the project below:
Planning Board,
I have been a citizen of New Hanover County since 1982. I live in the Wrightsboro community near Castle
Hayne Road, an area with extensive recent clearing of trees, some of it adjoining my home site. In 2014 I of
was one of the Citizen's Advisory Committee, of 12 who helped formulate the original Comprehensive Plan with
guidance from the Planning Dept. It was adopted by the County in 2016. I had been the citizen elected from a
group of citizens to represent "Harmony with Nature." It was the beginning of the process that would result in
the Unified Development Ordinance. When I signed that initial document there were 20 main goals for future
development listed in the Comprehensive Plan. Goal #1 was Promote environmentally responsible growth. Goal
#6 was Conserve environmentally critical areas. Goal #15 was Link natural habitats.
By the time the Planning Board began to meet and to work on what would result in concrete, workable Unified
Development Ordinance I think those goals have been diminished and maybe lost in the process. There are
citizens speaking up for respecting the importance of the salt water areas and the tidal creeks, but what I've
seen of protection of the Northeast Cape Fear River tributaries in northwestern New Hanover County needs
some attention. Hardwood wetland forests are important. Retention ponds, especially those with no surrounding
vegetation, are not an adequate substitute for wooded buffer strips on banks of streams. I'm grateful that we
have a couple of staff members that try to work with developers and with the State and the CAMA land use
maps. It must be challenging.
I urge the Planning Board and departmental staff, above all other actions, to please not weaken any of the
proposed changes to the tree retention ordinances and ordinances pertaining to infill and buffering. One specific
suggestion, however, is that under Tree Retention, Section 5.3.1, Please retain the 'Purpose and Intention'
listing of the regulations pertaining to tree retention. Even though these have been judged to be redundant
because they are also stated in the current Comprehensive Plan, I doubt that persons applying for a permit and
wrestling with the Ordinance compliance are going to be able to recite them. It's only a few short lines.
Protection against flooding bears repeating.
Another less specific omission that seems to be lacking within the Ordinances is the importance of groups of
wetland trees in high wind storms. After Hurricane Fran in 1996, UNCW was advised that there would be a lot
less loss of the long leaf pines if they had paid greater attention to having them grouped instead of having
solitary specimens. I've been told by arborists that the close groups of trees have interlocking roots that are very
important in withstanding winds. Sweet gums are not listed among the desirable native species for buffers or
near buildings. But my experience is there are none better in groves for withstanding tree toppling.
My final suggestion for the Planning Dept. is please hire an arborist whenever the budget might allow.
Earla Pope
149 Chadwick Ave.
Wilmington NC 28401
Planning Board - October 1, 2020
ITEM: 4 - 4 - 1
Tree Retention Standards
Code Sections
Affected
Section 2.3,
Definitions and
Terms
Section 5.3,
Tree Retention
Key Intent
• Provide for additional protection for high-value tree species other than live oaks
• Establish incentives to protect tree canopy and natural habitat
• Incentivize the retention of existing smaller trees
Changes
• Definitions were added for Native Species and Invasive Species. The
definition for Regulated Tree was removed as it is no longer accurate and is
covered by the provisions in Section 5.3. (See Section 2.3, Definitions and
Terms)
• The purpose statement for Section 5.3, Tree Retention was removed as the
policy intent is covered by the Comprehensive Plan. (See removed Section
5.3.1, Purpose)
• Categories of regulated trees have been adjusted to be more in line with
the City of Wilmington and to increase protection of native species (See
Section 5.3.4, Tree Retention Standards)
o Term Protected Trees has been clarified as Documented Trees to more
accurately reflect the regulations that affect them;
o Long Leaf Pines, Pond Cypresses, Bald Cypresses, and Hardwoods
must be documented at 8 inches Diameter at Breast Height (DBH)
rather than 12 inches DBH;
o Flowering trees are only considered Significant Trees if they are native
species;
o Long Leaf Pines, Pond Cypresses, and Bald Cypresses are considered
Significant Trees at 18 inches DBH rather than 24 inches DBH;
o Pond Cypresses and Bald Cypresses have been added as Specimen
Trees due to their longevity; and
o Sweetgums are only regulated when they are located within required
vegetative buffer areas or required open space, as their vulnerability to
limb breakage during storms warrants greater flexibility in open areas
or near buildings.
• New incentives for retaining trees have been added (See Section 5.3.8,
Mitigation), including:
o Reductions in required parking spaces (up to a 15% reduction),
o Allowing existing unregulated or Documented trees and natural tree
clusters to count for tree mitigation, with native species, mature forests,
and natural clusters of primarily native species counting for additional
mitigation, and
o Additional incentives are provided by proposed Section 5.8, Open
Space Requirements.
The proposed amendment also includes clarifications to ensure consistency with state law, new terminology, current
practice (such as for tree inventories), and unclear provisions (e.g. the size required for replacement trees).
Planning Board - October 1, 2020
ITEM: 4 - 5 - 1
2020-09 Planning Board Draft-Tree Retention
P a g e 1 | 6
Section 2.3 Definitions and Terms
Native Species
A species of tree or other plant that evolved naturally in Southeastern North Carolina without
human intervention as identified by the North Carolina Extension Service or US Department of
Agriculture.
Invasive Species
A species of tree or other plant listed as a nonnative invasive plant by the US Department of
Agriculture, Forest Service.
Tree, Regulated
Those trees of the size, species, and location to be protected under the development provisions
of Section 5.4, Landscaping and Buffering.
Section 5.3 Tree Retention
5.3.1 Purpose and Intent
In recognition that old growth native species trees and mature tree coverage are
important natural assets that contribute to New Hanover County’s quality of life, this
section designates certain trees as worthy of protection. It is the intent of this section to
preserve and tree coverage, mature trees, and natural resource buffers, while lessening
the impact of development on surrounding properties, for the following purposes:
A. Conservation of energy by shading buildings and paved surfaces;
B. Filtering of airborne pollutants;
C. Removal of atmospheric carbon dioxide;
D. Reduction of stormwater runoff;
E. Slowing of flood waters;
F. Recharging of groundwater;
G. Protection of the cultural and historic character of the area; and
H. Increasing the value of homes and businesses.
5.3.21 Applicability
The standards of this section shall apply to all lands and development under the
County’s zoning jurisdiction except the following:
A. Properties that are taxed on the basis of present-use value as forestland in
accordance with Article 12, Chapter 105, N.C.G.S., or that are otherwise exempt
under state law;
B. Forestry activity that is conducted in accordance with a forest management plan
that is prepared or approved by a forester registered in accordance with Chapter
89B, N.C.G.S.,
C. Any lot of record that is less than one acre in area and located in a residential
zoning district;
Common examples will be listed in technical manual.
Purpose statements are being removed as policy
intent is covered by the Comprehensive Plan.
Planning Board - October 1, 2020
ITEM: 4 - 6 - 1
2020-09 Planning Board Draft-Tree Retention
P a g e 2 | 6
D. Any residential lot that is less than one acre and shown on an approved
preliminary plan; and
E. Residential subdivisions of five or fewer lots unless they are subject to an
Additional Dwelling Unit Allowance special use permit or MDP Master Plan; and
F. Trees that are subject to the requirements of this section, but that are
demonstrated to be dead, dying, or diseased by greater than 50 percent, as a
result of natural factors.
5.3.32 Forestry and Property Clearing
A. A letter of exemption for timber harvest or other exempted forestry activity must
shall be issued by the Planning Director prior to the removal of any documented,
significant, or specimen trees subject to the requirements of this section,
regulated or significant tree based on proof of exemption in accordance with
N.C.G.S. 153A-452 160D-921.
B. While exempted forestry activities are not subject to the tree retention
requirements of this section, failure to obtain an exemption to a tree removal
permit prior to any timber harvest or other property clearing activity will result in
the denial of a building permit, site plan approval, or subdivision approval for a
period of three years, regardless of any change in ownership, if the harvest
results in the removal of all or substantially all regulated or significant trees
documented, significant, or specimen trees from the tract. The denial period
shall be increased to five years in situations where removal of all or substantially
all regulated trees was a willful violation of these County regulations.
5.3.3 Tree Inventory
Trees existing on a site at the time of development that are required to be retained or
replaced in accordance with this section shall be inventoried by a cover type survey
conducted by point sampling, fixed plot sampling, field survey or other method approved
by the Planning Director. Areas that will not be disturbed shall be delineated as such
and do not require inventorying individual trees.
5.3.4 Tree Retention Standards
A. Identification of Regulated Trees
The provisions of this section protect the following regulated trees:
1. Protected Trees, which are hardwood trees at least eight inches (8”)
diameter at breast height (DBH), all conifer trees at least 12” DBH, and all
dogwoods and American hollies larger than 4” DBH;
2. Significant Trees, which are hardwood and conifer trees at least 24” DBH
and dogwoods, American hollies, and flowering trees at least eight inches
(8”) DBH.
3. Specimen Trees, which are any live oak trees at least 36” DBH.
Three types of trees are regulated or protected by this section. They are
Documented Trees, Significant Trees, and Specimen Trees. This
categorization of trees is based on the tree species and existing minimum
Diameter at Breast Height (DBH) of the trees. Documented Trees, Significant
Trees, and Specimen Trees regulated or protected by this section are identified
in Table 5.3.4.A: Regulated Trees.
Planning Board - October 1, 2020
ITEM: 4 - 6 - 2
2020-09 Planning Board Draft-Tree Retention
P a g e 3 | 6
Table 5.3.4.A: Regulated Trees
Regulated Tree Type Minimum Diameter at
Breast Height (DBH)
Documented Trees
Dogwoods and American hollies 4 inches
Long Leaf Pine, Pond Cypress, Bald Cypress, and
Hardwoods*
8 inches
Other Conifers 12 inches
Significant Trees
Dogwoods, Magnolias, Native Flowering Trees,
and American Hollies 8 inches
Long Leaf Pine, Pond Cypress, Bald Cypress, and
Hardwoods* 18 inches
Other Conifers 24 inches
Specimen Trees
Live Oaks, Pond Cypress, and Bald Cypress 36 inches
*Only includes Sweetgums when they are located within required vegetative buffer
areas or required open space set-asides.
B. The Planning Director may permit or require a reduction in required street
yards, landscape islands, foundation plantings, setbacks, or other dimensional,
parking, or landscaping standards for the purpose of retaining significant or
specimen trees.
C. A minimum of 15 trees at least two inches (2”) DBH or two caliper inches, as
applicable, shall be retained or planted on the a parcel where development
occurs for each acre or proportionate area disturbed by development in
accordance with Section 5.4, Landscaping and Buffering.
D. Regulated trees within a 50-foot perimeter of the property must be retained and
protected during non-exempt tree harvests. All significant trees shall be
retained.
E. If existing trees and shrubs on the site where a transitional buffer is required
meets at least 50 percent of the required opacity standards, then those trees
and shrubs shall be retained for use in buffering and supplemented as needed
with plantings, fences, and/or berms to meet the required standards of Section
5.4.3, Transitional Buffer Standards. In all cases, existing trees (unless
invasive) greater than eight inches DBH shall not be removed from a 20-foot
buffer strip, unless the Planning Director determines removal of such trees is
necessary for the installation of utilities or other required essential
improvements. The retention requirements in this section shall not apply to
existing trees or shrubs identified as invasive species, as defined in this
Ordinance.
Planning Board - October 1, 2020
ITEM: 4 - 6 - 3
2020-09 Planning Board Draft-Tree Retention
P a g e 4 | 6
5.3.5 Tree Removal Permit
A. Unless a waiver, exemption, or exception applies in accordance with Section
5.3.1, Applicability or Section 10.3.9.B.2, Waivers, Exemptions, and
Exceptions, no person, directly or indirectly shall remove any regulated tree
identified in Section 5.3.4, Tree Retention Standards, from public or private
property without first obtaining a tree removal permit in accordance with
Section 10.3.9, Tree Removal Permit.
B. Unless a waiver, exemption, or exception applies in accordance with Section
10.3.9.B.2, Waivers, Exemptions, and Exceptions, a tree removal permit is
required before any clearing, grading, or other authorizations may be issued,
including building permits.
C. The removal of any specimen tree is prohibited on any parcel unless exempt
according to Section 10.3.11, Variance—Zoning and Subdivision. If a
specimen tree is removed without a permit, the penalty for this violation shall
be twice the mitigation fee.
5.3.86 Tree Protection During Development Construction
A. Existing trees specified on the required landscape plan to remain retained on
the site to comply with the standards of this section shall be protected from
vehicular movement and material storage during construction, and in the final
landscape design identified on the required landscape plan. An undisturbed
area with a porous surface shall be reserved around each tree as determined
by the tree’s drip ring of its natural canopy.
B. Prior to any clearing, grading, or construction activity, approved tree protection
fencing, such as safety barrier fencing, a wooden slat snow fence or wire
fence, shall be installed around protected trees or tree stands located in
construction areas or other site areas that will be disturbed by construction
activities. The fencing shall be a minimum of four feet in height and be of
durable construction. Tree protective fencing shall remain in place through
completion of construction activities.
C. No construction workers, tools, materials, or vehicles are permitted within the
tree protection fencing.
D. If a regulated tree an existing tree retained to comply with the standards of this
section is destroyed, substantially damaged, or dies as a result of negligence
on the part of the property owner within three years after completion of
construction, then replacement trees shall be planted on the site with a total
diameter equal to twice the diameter of the protected retained tree. A minimum
growing area of 144 square feet shall be provided for each replacement tree. If
the Planning Director determines it is infeasible for replacement tree(s) to be
accommodated on the site, then a payment may be made to the County’s Tree
Improvement Fund equivalent to the pricing standards in the County fee
schedule.
5.3.67 Mitigation
The removal of any significant tree shall be mitigated in accordance with the following
standards:
Update to
current
5.3.7.C
Update to
current
5.3.7.A &
5.3.7.C
Current
5.3.7.D
Current
5.3.7.B
Planning Board - October 1, 2020
ITEM: 4 - 6 - 4
2020-09 Planning Board Draft-Tree Retention
P a g e 5 | 6
A. When Significant Trees are authorized for removal by a tree removal permit or
Specimen Trees are authorized for removal by a variance, they shall be
replaced at a rate of 2.0 times the caliper inches at DBH removed, except as
provided in subsection D below and Section 5.3.8, Optional Incentives for
Retaining Trees. The total caliper inches of all significant trees proposed for
removal shall be totaled and doubled. The resultant number of caliper inches
must be planted back on the site with trees a minimum of 2-3 caliper inches in
size, or greater.
B. Each replacement tree shall be a minimum of 2-inch caliper size at time of
planting.
C. Replacement trees should reflect the type (e.g., hardwood, flowering,
evergreen, deciduous, canopy, understory, etc.) of tree being removed to the
maximum extent practicable based on the compatibility of the species with
proposed buildings and infrastructure, existing environmental conditions, and
diversity of tree species.
D. If the Planning Director determines it is infeasible for a portion or all of the
replacement tree(s) to be accommodated on the site, the Planning Director
may direct that an in-lieu fee be paid to the County’s Tree Improvement Fund.
If in the determination of the Planning Director, the site cannot accommodate
the required number of trees, then only the amount of trees that can be
accommodated on the site will be replaced, and the remainder of caliper inches
shall be mitigated through a payment-in-lieu of providing on-site trees. This
payment shall be made into the County Tree Improvement Fund to be used for
plantings of public spaces in the general vicinity of the project. The amount of
the payment shall be as set forth in the County fee schedule.
C. Any mitigation trees required as a result of the removal of significant trees shall
not be counted to meet the requirements of the buffer yard, buffers, or interior
parking requirements. Those trees must be provided in addition to any tree
required by this section.
5.3.8 Optional Incentives for Retaining Trees
A. The retention of existing trees on a site is encouraged. As an incentive to
encourage the retention of as many existing trees and existing tree stands on a
site as possible, the following credits may be applied to all existing non-
invasive trees in good health and condition that are retained on a site to protect
tree canopy, native species, and existing natural habitat and as long as the
applicable standards of this section are fully met.
1. One parking space from the minimum number of parking space required by
Table 5.1.4.A: Minimum Off-Street Parking, may be credited for every three
existing Documented Trees or two existing Significant Trees retained on a
site, up to a maximum of a 15 percent reduction of the parking
requirements.
2. Retention of existing unregulated or Documented Trees a minimum of 2
inches DBH counts for mitigation of the removal of Significant Trees with
every caliper inch at DBH retained counting for one mitigation inch.
3. Retention of existing unregulated or Documented Trees a minimum of 2
inches DBH counts for the mitigation of Significant Trees or Specimen
Update
of
current
5.3.6.A
(see A
above)
Planning Board - October 1, 2020
ITEM: 4 - 6 - 5
2020-09 Planning Board Draft-Tree Retention
P a g e 6 | 6
Trees removed with an approved variance, with every caliper inch at DBH
retained counting for one mitigation inch for Specimen Trees and 1.5
mitigation inch for Significant Trees.
4. Retention of existing trees growing in mature native forests, as determined
by a certified arborist or a North Carolina licensed forester, counts for
mitigation of the removal of Significant Trees or Specimen Trees removed
with an approved variance, with every aggregate inch at DBH counting for
one mitigation inch for Specimen Trees and 1.5 mitigation inch for
Significant Trees.
5. Retention of existing trees growing in stands or natural clusters, as
determined by a certified arborist or a North Carolina licensed forester,
counts for the mitigation of Significant Trees or Specimen Trees removed
with an approved variance, with every aggregate inch at DBH retained
counting for one mitigation inch for Specimen Trees, 1.5 mitigation inch for
Significant Trees if primarily composed of native species, and 1.0 mitigation
for Significant Trees if primarily non-native species.
B. If a retained Documented Tree or Significant Tree or tree retained for mitigation
purposes dies within three years of the date of construction on the site, it shall
be replaced in accordance with Section 5.3.8, Mitigation.
5.3.89 Removal of Hazardous Trees
A. The Planning Director may cause or order removal of any tree or part of a tree,
on public or private property, that is in an unsafe condition, damaging to sewers
or other public improvement facilities, or infested by an injurious fungus,
disease, insect, or other pest.
B. The Planning Director may cause or order necessary treatment for any tree on
public or private property that is infested by any injurious fungus, disease,
insect, or other pest when such action is determined necessary to prevent the
spread of any such injurious conditions or pest and to prevent danger to
persons or property, or to vegetation planted on adjacent property.
C. No foliage shall be allowed to extend from public or private property into any
portion of a street right-of-way below a height of eight feet above the grade of
the sidewalk at the property line or, if no sidewalk grade has been established,
as measured from the center of the roadway. The Planning Director may
cause or order corrective action to prevent any such condition from existing.
Planning Board - October 1, 2020
ITEM: 4 - 6 - 6
Open Space Standards
Code Sections
Affected
Section 2.3,
Definitions and
Terms
Section 3.1.3,
Superseding
Dimensional
Standards
Section 3.2.12,
Residential Multi-
Family Low Density
(RMF-L) District
Section 3.2.13,
Residential Multi-
Family Moderate
Density (RMF-M)
District
Section 3.2.14,
Residential Multi-
Family Medium-
High Density (RMF-
MH) District
Section 3.2.15,
Residential Multi-
Family High Density
(RMF-H) District
Section 3.3.6,
Exceptional Design
(EDZD) Planned
Development
District
Section 5.8, Open
Space
Requirements
Key Intent
• Consolidate existing open space standards into one section of the UDO
• Provide consistent open space provisions regarding calculation methods and
amounts and types required
• Establish clear descriptions for types of open space that meet ordinance
requirements
• Coordinate with efforts in Tree Retention standards to incentivize protection of
existing tree canopy and native species
Changes
• Definitions for existing open space categories are removed. (See Section
2.3, Definitions and Terms)
• Open space standards particular to performance residential development,
projects with additional dwelling unit special use permits, EDZD districts,
and RMF districts have been removed. (See Section 3.1.3, Superseding
Dimensional Standards; Sections 3.2.12, 3.2.13, 3.2.14, and 3.2.15 for RMF
districts; Section 3.3.6, Exceptional Design (EDZD) Planned Development
District)
• Open space standards are applicable to both residential and mixed-use
development. (See Section 5.8.1, Open Space Requirements)
• Open space set-asides for performance residential projects are set at
20%, at 10% for conventional subdivisions, and at 15% for all mixed-use
projects, except for in EDZD districts, which requires 35%. The proposed
percentages are intended to result in similar amounts of open space set-
asides as current requirements given the proposed changes to areas that
qualify as described below and in Section 5.8.4. (See Section 5.8.3, Open
Space Set-Aside Standards)
• Eight types of open space are allowed to meet set-aside standards. (See
Section 5.8.4, Areas Counted Toward Open Space Set-Aside Standards)
o Natural areas, including wetlands, can be used to meet open
space set-asides and have highest priority.
o Long leaf pine stands or old growth forest count as double the
open space set-aside.
o Required landscaped areas and buffers, most elements of
stormwater management areas, community water access, and
plazas can count as open space in addition to recreation areas.
The amendment also clarifies open space requirements for performance residential developments, design standards,
types of development permitted within set-asides, ownership and management requirements, and provisions for
payments in-lieu of dedication.
Planning Board - October 1, 2020
ITEM: 4 - 7 - 1
2020-09 Planning Board Draft-Open Space
P a g e 1 | 18
Section 2.3 Definitions and Terms
Natural Open Space
Land set aside, dedicated, or reserved for public or private use with the intent to protect the
natural environment, protect water quality, provide environmental education, and provide habitat
for wildlife. Natural open spaces include natural features such as wetlands and conservation
overlay districts or otherwise undevelopable land.
Recreation Open Space
Land set aside, dedicated, or reserved for public or private use that are intended to provide
outdoor recreation opportunities or provide locations where the public is directly or indirectly
invited to gather, browse, sit, interact, or congregate.
3.1.3 Superseding Dimensional Standards
D. Performance Residential Development
5. Open Space
Open space set-aside provisions are outlined in Section 5.8, Open Space Requirements.
All undivided areas within the development (other than street rights of way, parking, and
structures shall be designated as open space. Such open space shall be offered to the
public or encumbered for the perpetual benefit of the residents in accordance with the
requirements of Section 5.8, Open Space Requirements.
E. Additional Dwelling Allowance
3. Required Open Space and Improved Recreational Land
a. Minimum Requirements
1. Table 3.1.3.E.3.a.1: Required Minimum Open Space or Improved
Recreational Land, establishes the minimum amounts of the gross base
site area (see subsection 1 above) that shall be either set aside as open
space or improved recreational land in accordance with the standards of
Section 5.8, Open Space Requirements.
Table 3.1.3.E.3.a.1: Required Minimum Open Space for
Projects with Additional Dwelling Unit Special Use Permit or
Improved Recreational Land
District Minimum Open Space or Improved Recreational Land
[1]
R-20 50%
R-15 35%
R-10 20%
GPD 35%
O&I 35%
NOTES:
[1] As a percentage of the base site area.
Planning Board - October 1, 2020
ITEM: 4 - 8 - 1
2020-09 Planning Board Draft-Open Space
P a g e 2 | 18
2. If the development shall consist of detached single family units on
subdivided lots no less than 6,000 square feet, however, the above
minimum amounts for open space or improved recreational land may be
reduced by one-half.
b. Improved Recreational Land Standards
Improved recreational land required by subsection a above, shall consist of
grassed and landscaped areas or area occupied by recreational activities.
Recreational activities may include, but are not limited to, swimming pools, tennis
courts, golf courses, ball fields, basketball courts, soccer fields, tot lots, and
community recreational buildings. The amount of improved recreational land
shall be equal to at least 15 percent of the base site area.
c. Open Space Standards
The following additional types of permanent open space shall be provided and
may be used to meet the minimum total amount of open space required by
subsection a above:
1. 100-Year Flood Plains: The determination of all flood plain boundaries
shall be based on areas of special flood hazard as determined in Article
9, Flood Damage Prevention. At least 50 percent of such areas shall be
permanent open space.
2. Lake and Pond Shorelines: The shorelines of lakes and ponds consist
of the area within 50 feet inland of the mean water line. At least 25
percent of all such areas shall be permanent open space.
3. Waterfront Shorelines: Waterfront shorelines consist of the area within
75 feet inland of the main high water mark of sounds, estuaries, or the
ocean. At least 25 percent of all such areas shall be permanent open
space.
4. Conservation Resource Areas: Conservation resources consist of
those important environmental resources described in Section 5.7,
Conservation Resources. The minimum amounts that shall remain
conservation space shall be calculated as described in Section 5.7.
5. Other Areas: Other land areas shall be designated open space as
needed to satisfy the minimum total required amount. Land areas
smaller than 1,000 square feet and parking lots may not be counted as
satisfying the minimum open space requirement.
6. Open space, with the exception of Conservation Resource areas, may
be improved and used to satisfy the requirements for improved
recreational land.
7. Open space shall remain undivided and be reserved and used in
accordance with Section 5.8, Open Space Requirements.
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3.2.12 Residential Multi-Family Low Density (RMF-L) District
D. District Dimensional Standards
Standard
Single
Family
Detached
Duplex Triplex Quadraplex Multi-
Family
Lot area, minimum (square feet)* 5,000 7,500 12,500 17,500 20,000
1 Lot width, minimum (feet)* 50 100
2 Front setback (feet)* 20 35
3 Side setback, street (feet)* 10 30
4 Side setback, interior (feet)* 5 20
5 Rear setback (feet)* 15 25
Density, maximum (dwelling units/acre) 10
Required Open Space (% of project
site) 20
Building height, maximum 3 stories, with a maximum of 45 feet**
* Does not apply to Performance Residential Developments (see Section 3.1.3.D)
** Heights over 35 feet subject to additional setback of 4 additional feet
3.2.13 Residential Multi-Family Moderate Density (RMF-M) District
D. District Dimensional Standards
Standard
Single
Family
Detached
Duplex Triplex Quadraplex Multi-
Family
Lot area, minimum (square feet)* 5,000 7,500 12,500 17,500 20,000
1 Lot width, minimum (feet)* 50 100
2 Front setback (feet)* 20 35
3 Side setback, street (feet)* 10 30
4 Side setback, interior (feet)* 5 20
5 Rear setback (feet)* 15 25
Density, maximum (dwelling units/acre) 17
Required Open Space (% of project site) 20
Building height, maximum 3 stories, with a maximum of 45 feet**
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Heights over 35 feet subject to additional setback of 4 additional feet
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3.2.14 Residential Multi-Family Medium-High Density (RMF-MH) District
D. District Dimensional Standards
Standard
Single
Family
Detached
Duplex Triplex Quadraplex Multi-
Family
Lot area, minimum (square feet)* 4,000 7,500 12,500 17,500 20,000
1 Lot width, minimum (feet)* 40 90
2 Front setback (feet)* 15 30
3 Side setback, street (feet)* 10 30
4 Side setback, interior (feet)* 5 20
5 Rear setback (feet)* 15 25
Density, maximum (dwelling units/acre) 25
Required Open Space (% of project
site) 20
Building height, maximum 3 stories, with a maximum of 45 feet**
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Heights over 35 feet subject to additional setback of 4 additional feet
3.2.15 Residential Multi-Family High Density (RMF-H) District
E. District Dimensional Standards
Standard
Single
Family
Detached
Duplex Triplex Quadraplex Multi-
Family
Lot area, minimum (square feet)* 3,000 6,000 9,000 12,000 15,000
1 Lot width, minimum (feet)* 40 80
2 Front setback (feet)* 15 30
3 Side setback, street (feet)* 10 30
4 Side setback, interior (feet)* 5 20
5 Rear setback (feet)* 15 25
Density (maximum dwelling units/acre) 36
Required Open Space (% of project
site) 20
Building height, maximum 3 stories, with a maximum of 45 feet**
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Heights over 35 feet subject to additional setback of 4 additional feet
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3.3.6 Exceptional Design (EDZD) Planned Development District
E. Other District Standards
6. Open Space
Open space shall be provided within all exceptional design zoning districts and except
as provided in subsection c below, shall equal a minimum of 35 percent of the gross site
area of the district. A minimum 35 percent of the gross area of each EDZD district
established shall be set aside as open space in accordance with the standards in
Section 5.8, Open Space Requirements. Open space may be natural or recreational, as
defined in this Ordinance.
a. Natural open spaces shall not exceed ten percent of the open space requirement.
b. A maximum of 25 percent of the open space area may contain recreational amenities
or facilities, including swimming pools, golf courses, tennis courts, and basketball
courts. Unimproved passive recreation open spaces are encouraged.
c. If the proposed open space is less than 35 percent or the types of open space do not
conform to subsections a and b above, the application shall include an explanation of
how the project reasonably provides for spaces that enhance a sense of community
and quality of life for the future residents or patrons of the EDZD.
d. All open space shall remain undivided and be reserved and used in accordance with
Section 5.8, Open Space Requirements.
e. To prevent bacterial contamination of surface water, pet waste stations shall be
installed within required open spaces, and a maintenance schedule for the pet waste
stations shall be implemented.
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Section 5.8 Open Space Requirements
5.8.1 APPLICABILITY
A. General
Unless exempted in accordance with subsection B below, all new residential and mixed-
use development shall comply with the standards in this section.
B. Exemptions
The following development is exempt from the standards in this section:
1. Single-family and two-family dwellings and mobile homes on individual lots of
record or that are created as part of minor or exempt subdivisions;
2. Development where the total minimum open space set-aside required in
accordance with this section, including all phases of development, would be
10,000 square feet or less and cannot be combined with designated open space
areas, conservation areas, or parks located on adjacent property.
5.8.3 OPEN SPACE SET-ASIDE STANDARDS
Except in the EDZD district, all development subject to the standards in this section shall
provide the following percent of gross site
area as open space set-aside:
A. Residential Uses:
1. Conventional Subdivision: 10
percent
2. Performance Residential Project: 20 percent
B. Mixed-Use Developments: 15 percent
5.8.4 AREAS COUNTED TOWARD OPEN SPACE SET-ASIDE STANDARDS
A. General
The features and areas identified as counting towards open space set-asides in
Table 5.8.5: Open Space Set-Aside Features, shall be credited towards compliance
with the amount of open space set-aside requirements outlined in Section 5.8.4,
Open Space Set-Aside Standards.
Current
6.3.3.G.3
These percentages are intended to provide similar
amounts of open space as currently required, given
the proposed changes to the areas that qualify as
open space as described in 5.8.4.
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Table 5.8.5: Open Space Set-Aside Features
Areas Counted as Common
Open Space Set-Asides Description Design and Maintenance
Requirements
Natural Features
Lakes, rivers, streams,
ponds, wetlands, other
riparian areas, flood hazard
areas, natural vegetation,
and wildlife habitat areas
(see Section 5.7,
Conservation Resources;
Section 5.3, Tree
Retention; and Article 9,
Flood Damage Prevention)
• Preservation of any existing
natural features and flood
hazard areas shall have
highest priority for locating
open space set-asides
• Maintenance is limited to the
minimum removal and
avoidance of hazards,
nuisances, and unhealthy
conditions
• Preservation of existing
stands of long leaf pine or
old growth forest as
determined by a certified
arborist will count as double
the acreage for purposes of
meeting the open space
requirements in 5.8.4, Open
Space Standards
Passive Recreation (Formal Plantings and Gardens)
Formally planned and
regularly maintained open
areas that provide passive
recreation opportunities,
including arranged
plantings, gardens,
community gardens, green
roofs, gazebos, and similar
structures
Formal plantings and gardens
shall have at least one direct
access to a building or to a
street, bikeway, or walkway
accessible to the development’s
occupants and users
Required Landscape Areas
All areas occupied by
required landscape areas,
tree protection areas,
vegetative screening, and
water quality buffers,
except landscape areas
within parking lots
See Section 5.4, Landscaping
and Buffering
Stormwater Management Areas Treated as Site Amenities
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The land area occupied by
stormwater management
facilities (including retention
and detention ponds and
other bioretention devices).
Qualifying stormwater
management facilities should be
designed as much as
practicable to support passive
recreation uses by including
gentle slopes (less than 3:1) and
vegetative landscaping and
should be accessible to the
development’s occupants.
Access Easements with Paths or Trails
Access easements that
include paths or trails that
are available for passive
recreational activities such
as walking, running, and
biking
Such access easements shall
include at least one improved
access from a street, sidewalk,
or trail that includes signage
designating the access point
Active Recreational Areas
Land occupied by areas
and facilities used for active
recreational purposes, such
as ballfields, playgrounds,
tennis courts, pools, jogging
trails, and community
buildings and clubhouses,
and land dedicated for
parks.
• Land shall be contiguous
unless used to link or
continue an existing or
planned open space
resource
• Areas shall have at least
one direct access to a
building or to a street,
bikeway, or walkway
accessible to the public or
the development’s
occupants and users
Community Water Access
Piers, boardwalks, and/or
land area associated with
approved community
boating facilities.
All qualifying access areas
shall be available to all
residents of the development
for use.
Squares, Forecourts, and Plazas
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Open areas immediately in
front of a building or framed
by buildings or streets that
provide gathering places,
opportunities for outdoor
dining, etc.
• A square, forecourt, or plaza
shall be at least 200 square
feet, but no more than one
acre, in area.
• A square, forecourt, or plaza
shall have at least one direct
access to a principal
building, or to a street,
bikeway, or walkway
accessible to the public or
the development’s
occupants and users.
• Surrounding principal
buildings shall be oriented
toward the square,
forecourt, or plaza
B. Not Counted as Open Space
The following areas shall not be counted as open space set-aside areas:
1. Private yards and all areas within private residential lots;
2. Street rights-of-way or private access easements, including sidewalks located
within those rights-of-way or easements;
3. Open parking areas and driveways;
4. Land covered by structures unless designated above in Table 5.8.5;
5. Designated outdoor storage areas;
6. Stormwater conveyance features (e.g. swales and drainage ditches) not
incorporated into natural feature areas, landscaping, or passive recreation areas;
and
7. Parking lot interior landscaping.
C. Access
The developer shall not place age, religious, sex, or economic restrictions (other than
maintenance assessments) upon lot or unit owners for the use of the open space.
Land which is restricted in any way for the use, benefit, or enjoyment of a select
group within the development shall not qualify as open space.
5.8.6 DESIGN STANDARDS
A. Location
Open space set-asides shall be located so they are readily accessible by occupants
and users of the development. In residential subdivisions, open space set-asides
shall be located within one-half mile of all residential lots, to the maximum extent
practicable.
Current
5.8.2
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B. Accessibility
All lots or units created within the development shall have direct access to all open
space and recreational facilities, as provided, by means of dedicated streets or
walkways within the development or by the fact of physical contiguity to other public
lands in common ownership of all residents.
C. Configuration
1. Open space set-asides shall be integrated and contiguous, unless a different
configuration is needed to continue an existing trail or accommodate preservation
of natural features.
2. If the development site is adjacent to existing or planned public trails, parks, or
other public open space area, the open space set-asides shall, to the maximum
extent practicable, be located to adjoin, extend, and enlarge the trail, park, or
other public open space area (see Figure 5.8.6.B: Example Open Space Set-
Aside Configuration).
3. Pedestrian access to open space set-asides intended for recreation shall be
provided from sidewalks or other pedestrianways within the development.
Figure 5.8.6.B: Example Open Space Set-Aside Configuration
D. Permitted Development within Open Space Set-Aside
Development within an open space set-aside shall be in accordance with the purposes
and description of the type(s) of open space set-aside. Where appropriate, such
development may include, but is not limited to, walking, jogging, and biking paths or
trails; benches or other seating areas; meeting areas; tables, shelters, grills, and other
picnic facilities; docks and other facilities for fishing; environmental education guides and
exhibits; gazebos and other decorative structures; fountains or other water features; play
structures for children; gardens or seasonal planting areas; pools; athletic fields and
courts; and associated clubhouses.
Current
5.8.2
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E. Flexibility in Administration Authorized
1. The approval body is authorized to permit minor deviations from amount, size,
location, and nature of open space set-aside standards whenever it is
determined that: (i) the objectives underlying these standards can be met without
strict adherence to them; and (ii) because of peculiarities in the developer’s tract
of land or the facilities proposed, it would be unreasonable to require strict
adherence to these standards.
2. Whenever the approval body authorizes some deviation from the standards set
forth in this section, the official record of action taken on the development
application shall contain a statement of the reasons for allowing the deviation.
5.8.7 OWNERSHIP, MANAGEMENT, AND MAINTENANCE
A. General
Open space set-asides shall be managed and maintained as permanent open space
through one or more of the following options:
1. Retention of open space set aside areas by the developer;
2. Conveyance of open space set-aside areas to a property owners’ or
homeowners’ association established in accordance with the requirements of
Section 6.4.4, Property Owners’ Association (POA), that holds the land in
common ownership and will be responsible for managing and maintain the land
for its intended open space purposes.
3. Conveyance of open space set-aside areas to a third party beneficiary such as
an environmental or civic organization that is organized for, capable of, and
willing to accept responsibility for managing and maintain the land for its intended
open space purposes in perpetuity;
4. Transfer to the County, for use as open space or other recreation area, provided
the County consents to the transfer; or
5. Establishment of easements on those parts of individually-owned lots including
open space set-aside areas that require the areas to be managed consistent with
the land’s intended open space purposes and prohibit any inconsistent future
development, in perpetuity.
B. Responsibility for Managing and Maintaining
Responsibility for managing and maintaining open space set-asides rests with the owner
of the land of the open space set-asides. Failure to maintain open space set-asides in
accordance with this section and the development approval or permit shall be a violation
of this Ordinance.
5.8.8 PAYMENTS IN-LIEU OF DEDICATION
A. As part of a conditional rezoning, master development plan, special use permit, or major
residential subdivision consideration, the approval body may authorize a payment in-lieu
of dedication for all or a portion of the required open space when such is determined to
be in the best interest of the citizens of the areas to be served. Criteria to be used in this
determination shall include:
Update of provisions
in current 6.3.3.G.4.m
Update of provisions in current
6.3.3.G.3 and 6.3.3.G.4.n
Updates
current
6.3.3.4.o
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1. The value the amount of land required to be retained as open space would
provide to residents or the surrounding community;
2. Any limits the shape, topography, or unique site constraints would place on the
usability or community benefit of the open space;
3. The impact of insurance and maintenance costs on the affordability of proposed
residential units; and
4. The existing recreation and open space available for residents of the proposed
development.
B. If the approval body authorizes the payment in-lieu of dedication, the amount of such
payment shall be the product of the number of acres to be dedicated and the average
fair market value of the land being subdivided at the time of the submission of the
application. The fair market value of the land shall be determined based on the value of
the land for property tax purposes and other relevant information.
C. All monies received by the County in accordance with this section shall only be in
accordance with the provisions of NCGS 160D, Article 13, Part I. Open Space
Acquisition to benefit the general area (northern unincorporated New Hanover County or
southern unincorporated New Hanover County) where the proposed projected is located.
D. If a payment in-lieu of dedication is authorized, such payment shall be made before final
zoning compliance approval of single-property development or before the final plat
approval of a subdivision. If a subdivision is developed in phases, a payment relating to
each phase must be made prior to the recording of a final plat for each phase.
5.8.1 GENERAL
All open space may be reserved and offered for dedication to the County for use as
parks, recreation areas, school sites, or for other public purposes. Any space not
offered for dedication to the County shall be shown and designated as private open
space. Such open space shall remain undivided and no lot or unit owner or any other
person shall bring any action for partition or division of any part except as provided in
Chapter 47A (Unit Ownership Act) of the N.C.G.S. Each lot or unit owner’s undivided
interest in the use of reasonably maintained open space shall be preserved through
covenants running with the land. Title to such areas shall be encumbered for the
perpetual benefit of the public generally or the private properties in the development, and
all future use shall be consistent with the open space requirements. Improvements
clearly incidental to the purpose of these provisions may be made within the open space.
5.8.2 ACCESS TO OPEN SPACE
All lots or units created within the development shall have direct access to all open
space and recreational facilities, as provided, by means of dedicated streets or
walkways within the development or by the fact of physical contiguity with other public
lands in common ownership of all residents. The developer shall not place age,
religious, sex, or economic restrictions (other than maintenance assessments) upon lot
or unit owners for the use of the open space. Land which is restricted in any way for the
use, benefit, or enjoyment of a select group within the development shall not qualify as
open space.
See 5.8.5.C & 5.8.6. B
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5.8.3 OPEN SPACE PROVISIONS
The developer shall file a declaration of covenants and restrictions running with the land
that will govern the open space. If the open space is to be retained by the developer,
the developer shall be responsible for liability insurance, taxes, and the maintenance of
all recreational facilities, and open space. This declaration shall be submitted prior to
final plat approval. If a homeowners’ association or other such non-profit ownership is
established, the declaration shall include but not be limited to the following:
A. The homeowners association or the non-profit organization shall be established
before any lots are sold;
B. Membership shall be mandatory for each lot buyer, and successive buyer;
C. The association shall provide for liability insurance, any taxes, and the maintenance
of all grounds and facilities;
D. Any sums levied by the association that remain unpaid shall become a lien upon the
lot owner’s property.
ARTICLE 6: SUBDIVISION DESIGN AND IMPROVEMENTS
Section 6.3 Improvements
6.3.3 REQUIRED IMPROVEMENTS
G. Recreation Space
Every subdivider of land for residential purposes shall dedicate a portion of such
land, as set forth herein, for the purpose of providing active and passive recreation
areas to serve the residents of the immediate neighborhood within the subdivision.
1. Recreation Areas Can Be Defined By Active or Passive Recreation As Follows:
a. Active recreation consists of areas such as park land chosen without
regard to natural features for the explicit purposes of enhancing design,
such as village commons, or providing space for outdoor recreation
activities which may include, but not be limited to, tennis courts, ball
fields, swimming pools, and tot lots with play equipment.
b. Passive recreation areas must consist of undisturbed, unique, and
sensitive natural features when available, that may include streams,
floodplains, wetlands (excluding tidal marsh), conservation resources,
and natural heritage areas if identified. These natural spaces will be
characterized by undisturbed soils and natural vegetative cover for wildlife
habitat. Passive recreation areas may become part of designated County
greenways. Amenities such as walking paths, piers, picnic areas, and
other passive recreational uses will be allowed, if there is minimal
disturbance of the vegetation.
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2. Required Recreation Areas
All new residential subdivisions shall provide recreation space in the amount of
0.03 acres per dwelling unit within the subdivision. Fifty (50) percent of the
required recreation area shall be designated for passive recreation and 50
percent of the required recreation area shall be designated for passive recreation
and 50 percent of the required recreation area shall be designated for active
recreation.
3. Recreation space areas shall be of such minimum dimensions as to be
functionally usable and maintainable. Residential subdivisions in which the
amount of required recreational space area does not exceed 10,000 square feet
shall be exempt from providing such space if the Board determines that:
a. The recreation space area cannot be combined with such areas serving
adjacent property to form a functionally usable and maintainable area
recreation space; or
b. The recreation needs of the development can be adequately met by
existing or planned County-owned park, recreation, or open space areas
located close enough to such development to reasonably serve its
residents. In determining the size of a subdivision for the purposes of this
subsection, the County shall consider the entire project developed on a
single tract or contiguous multiple tracts under common ownership,
regardless of whether the subdivision is constructed in phases or stages.
The developer of any subdivision that is exempt from providing on-site
recreation or open space shall pay a fee to the County in-lieu of the
dedication of land, to be used by the County to acquire recreation areas
serving the development within the immediate area of the subdivision.
Such in-lieu fee shall be determined and paid as provided in Section
6.3.3.G.4.n, Payments In-Lieu of Dedication.
4. Standards for Park, Recreation, and Open Space Areas
Except as otherwise approved by the County Commission, all park, recreation,
and open space areas shall comply with the following criteria:
a. Unity
The dedicated land shall form a single parcel of land, whether or not the
subdivision is developed in phases or sections, except where it is
determined by the County Commission, that two or more parcels would
be in the best interests of the residents of the subdivision and the public.
In such case, the appropriate governing body may require that such
parcels be connected.
b. Usability
At least one-half of the required recreation space area land that is
dedicated, must be (1) located outside of wetland areas under the
jurisdiction of federal and state regulatory agencies, and (2) be usable for
active recreation. Areas set-aside to meet the Conservation Resources
requirements (Section 5.7, Conservation Resources) can only be credited
for one-half of the area used for passive recreation land. Tidal marshes
cannot be counted to satisfy the recreation space area requirements.
c. Shape
Updates
to this
section
included
in
proposed
5.8.8
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The portion of dedicated land to be used for active recreation shall be of a
shape that can be usable for active recreational facilities, including but not
limited to: tennis courts, racquetball courts, swimming pools, exercise
rooms, clubhouses, athletic fields, basketball courts, swings, slides, and
play apparatus.
d. Greenways
If the recreation space area is a greenway, the land shall be a continuous
linear parcel through the subdivision that is at least 30 feet in width.
e. Location
The dedicated land shall be located so that it can reasonably serve the
recreation and open space needs of residents of the immediate
neighborhood within the subdivision for which the land dedication is
made, and can be combined with an adjacent park.
f. Access
All dwelling units in the subdivision shall have free, easy, and convenient
ingress and egress to and from the park, recreation, and open space
areas provided within the subdivision by means of improved streets or
dedicated walkways. Rights of way for such access shall be shown on
the preliminary plans and final plats.
g. Topography
The average slope of the portion of dedicated land deemed usable for
active recreation shall not exceed the average slope of the entire
subdivision to be developed, and in no case shall the slope of the land
dedicated be greater than 15 percent.
h. Required Stormwater Detention/Retention Facilities
Required stormwater detention/retention facilities shall not be accepted to
fulfill the requirements set forth by this section. Amenities, such as
walking paths, piers, picnic areas, and other passive recreation space
that are associated with stormwater management facilities (i.e. wet
ponds) shall receive credit towards the calculation of recreation area
lands if such amenities associated with stormwater management facilities
are designed according to the standards specified in the Technical
Manual to meet this required. (See Technical Manual for criteria).
i. Landscaping
Park, recreation, and open space areas shall be landscaped and shall be
provided with sufficient natural or manmade screening or buffer areas to
minimize any negative impacts upon adjacent dwelling units.
j. Encroachments
The park, recreation, and open space areas required by this section shall
exclude roadways, parking areas, and other accessory uses, except
recreational facilities.
k. Consistency with Master Parks Plan
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If any portion of any subdivision proposed for residential development lies
within an area designated on the officially adopted master parks plan as a
park, such area shall be included as part of the area set-aside to satisfy
the requirements of this section. This area shall be dedicated to public
use.
l. Recreational Facilities
The County may require the installation of recreational facilities after
considering (i) the character of the park, recreation, and open space area;
(ii) the estimated age and the recreation needs of persons likely to reside
in the subdivision; (iii) the proximity, nature, and excess capacity of
existing County recreational facilities; and (iv) the cost of the recreational
facilities.
m. Procedure for Dedication of Land
1. Designation of Land to Be Dedicated
Subdividers shall designate on the preliminary subdivision plan
the area or areas to be dedicated pursuant to this section.
2. Review of Land to Be Dedicated
Upon receipt of the preliminary subdivision plan, the Planning
Director shall submit a copy to the appropriate agencies for
review. The appropriate agencies shall submit any and all
recommendations concerning the land to be dedicated to the
Technical Review Committee at its next scheduled meeting.
3. Ownership
The type of ownership of land dedicated for park, recreation, or
open space purposes shall be selected by the owner, developer,
or subdivider, subject to the approval of the Technical Review
Committee or Planning Director, whichever is making a decision
on the subdivision plat. Provided, however, any of such areas
included in the master parks plan shall be dedicated to the
County. The type of ownership may include, but is not
necessarily limited to, the following:
i. The County, subject to the acceptance by the County
Commission;
ii. Other public agencies, subject to their acceptance;
iii. Property owner, condominium, or cooperative associations
or organizations; or
iv. Shared, undivided interest by all property owners in the
subdivision.
n. Payments In-Lieu of Dedication
1. General Provisions
When the Technical Review Committee or Planning Director,
whichever is making a decision on the subdivision plat,
Updates to this
section
included in
proposed 5.8.7
Updates to this section included
in proposed 5.8.8
Planning Board - October 1, 2020
ITEM: 4 - 8 - 16
2020-09 Planning Board Draft-Open Space
P a g e 17 | 18
determines (upon the recommendation of the Planning and
Inspections Department) that the park, recreation, and open
space needs of a subdivision can also be adequately met by
capital facilities constructed or to be constructed on County-
owned property or property to be acquired by the County within
a reasonable time that is located close enough to such
subdivision to reasonably serve its residents, the appropriate
governing agency may authorize the subdivider to make a
payment to the County in-lieu of dedication. The Technical
Review Committee or Planning Director, whichever is
appropriate, may also authorize a combination dedication and
partial payment in-lieu of dedication when such is determined to
be in the best interest of the citizens of the area to be served.
Any public dedication is subject to review and acceptance by the
Technical Review Committee or Planning Director, whichever is
making a decision on the subdivision plat.
2. Procedure
The subdivider shall include with the application for preliminary
plan approval, a letter requesting approval to make a payment
in-lieu of dedication. The letter shall include the proposed per
acre value and the basis for the determination of such value.
Upon receipt of the preliminary subdivision plan, the Planning
Department shall submit a copy of the preliminary subdivision
plan with the letter requesting a payment in-lieu of dedication to
the Planning Director. The staff shall submit any
recommendations concerning the request to the Technical
Review Committee at its next scheduled meeting.
3. Amount of Payment
If the Technical Review Committee or Planning Director,
whichever is making a decision on the subdivision plat, approves
a payment in-lieu of dedication, the amount of such payment
shall be the product of the number of acres to be dedicated as
outlined in subsection 2 above, and the average fair market
value of the land being subdivided at the time of the submission
of the preliminary subdivision plan. The Tax Department shall
determine the average fair market value of the land based on
the value of the land for property tax purposes, the information
submitted by the subdivider, and other relevant information.
4. Use of Payments In-Lieu of Dedication
All monies received by the County in accordance with this
section shall be used only for the acquisition or development of
recreation, park, or open space areas that will benefit the new
subdivision residents.
5. Required Payment In-Lieu of Dedication
In the event the Technical Review Committee or Planning
Director, whichever is making a decision on the subdivision plat,
Planning Board - October 1, 2020
ITEM: 4 - 8 - 17
2020-09 Planning Board Draft-Open Space
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finds that a land dedication does not meet the long range plans
of the County it shall require payment in-lieu of a dedication.
6. Time of Payment
If a payment in-lieu of dedication is authorized, such payment
shall be made before recording the final plat for the subdivision.
If a subdivision is developed in phases, a payment relating to
each phase must be made prior to the recording of a final plat
for each phase.
o. Flexibility in Administration Authorized
1. The requirements set forth in this subsection concerning the
amount, size, location and nature of park, recreation, and open
space areas to be provided in connection with residential
developments are established by the County as standards that
preemptively will result in the provision of that amount of
recreational facilities and open space that is consistent with
officially adopted County plans. The County recognizes,
however, that due to the particular nature of a tract of land, or
the nature of the facilities proposed for installation, or other
factors, the underlying objectives of this article may be achieved
even though the standards are not adhered to with mathematical
precision. Therefore, the Technical Review Committee or
Planning Director, whichever is making a decision on the
subdivision plat, is authorized to permit minor deviations from
these standards whenever it is determined that: (i) the objectives
underlying these standards can be met without strict adherence
to them; and (ii) because of peculiarities in the developer’s tract
of land or the facilities proposed, it would be unreasonable to
require strict adherence to these standards.
2. Whenever the Technical Review Committee or Planning
Director, whichever is making a decision on the subdivision plat,
authorizes some deviation from the standards set forth in this
section, the official record of action taken on the development
application shall contain a statement of the reasons for allowing
the deviation.
Updates
to this
section
included
in
proposed
5.8.2. F
Planning Board - October 1, 2020
ITEM: 4 - 8 - 18
Setback and Height Requirements
Code Sections
Affected
Section 3.1.3,
Superseding
Dimensional
Standards
Section 3.2.4,
Rural Agricultural
(RA) District
Section 3.2.5,
Airport Residential
(AR) District
Section 3.2.6,
Residential 20S (R-
20S) District
Section 3.2.7,
Residential 20 (R-
20) District
Section 3.2.8,
Residential 15 (R-
15) District
Section 3.2.9,
Residential 10 (R-
10) District
Section 3.2.10,
Residential 7 (R-7)
District
Section 3.2.11
Residential
Moderate-High
Density (R-5)
District
Key Intent
• Establish best-practice standard setbacks for commercial and industrial buildings
adjacent to residential properties to replace method based on an arbitrary
multiplier applied to building height in order to increase predictability
• Adjust height standards in residential districts to accommodate changing
construction standards and flood-resilient, elevated structures
Changes
• Current B-1, B-2, O&I, AC, I-1, and I-2 district setbacks from residential
properties that are based on building height are replaced with standard
setbacks similar to those in the City of Wilmington and other suburban
communities (See Table 3.1.3.C.3 in Section 3.1.3, Superseding
Dimensional Standards)
• Existing provisions that allow reductions in setbacks if additional
vegetative buffers are provided have been removed from B-1, B-2, and
O&I as they no longer work with the proposed standard setbacks and are
now only allowed in the AC, I-1, and I-2 districts (no change to minimum
setback allowed). (See Section 3.1.3.C.3)
• Building height maximums in residential districts have been increased
from 35 feet to 40 feet to accommodate changes in construction
standards and market demand (See Section 3.2.4; Section 3.2.5; Section
3.2.6; Section 3.2.7; Section 3.2.8; Section 3.2.9; Section 3.2.10; Section
3.2.11)
• Structures elevated on open foundations (piers, posts, columns, or piles)
in residential districts have a maximum height of 44 ft., regardless of
whether they are included in a Special Flood Hazard Area or other flood
zones (See Section 3.2.4; Section 3.2.5; Section 3.2.6; Section 3.2.7;
Section 3.2.8; Section 3.2.9; Section 3.2.10; Section 3.2.11)
The proposed amendment also simplifies the title of Table 3.1.3.C.3 and updates references to transitional buffer
standards due to the proposed amendment of Section 5.4, Landscaping and Buffering.
Planning Board - October 1, 2020
ITEM: 4 - 9 - 1
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3.1.3 Superseding Dimensional Standards
C. Setback Requirements in Certain Commercial and Industrial Districts
Interior side setbacks and rear setbacks in the B-1, B-2, O&I, AC, I-1, and I-2
districts shall be as follows:
1. No interior side or rear setbacks are required for nonresidential structures
from lot lines shared with abutting nonresidential uses where the structure
and the abutting use are located within the B-1, B-2, O&I, AC, I-1, and I-2
districts.
2. A setback of 20 feet is required for any structure in the B-1, B-2, O&I, AC, I-
1, and I-2 districts from any lot line adjacent to a lot in a residential district
occupied by a nonresidential use.
3. Table 3.1.3.C.3: Interior Side and Rear Setbacks from Abutting Residential
Use or Platted Lot in Residential District Properties, establishes the setback
requirements for structures in the B-1, B-2, O&I, AC, I-1, and I-2 districts
from lot lines shared with abutting existing residential uses and/or platted
lots located within a residential zoning district. The setbacks in Table
3.1.3.C.3 may be reduced in the AC, I-1, and I-2 districts in accordance with
Section 5.4.43, Transitional Buffers Standards, but may not be reduced
below the absolute minimum setback specified in Table 3.1.3.C.3 (by use of
the language “in no cases less than”).
Table 3.1.Table 3.1.Table 3.1.Table 3.1.3.C.3.C.3.C.3.C.3333: Interior Side and Rear Setbacks from : Interior Side and Rear Setbacks from : Interior Side and Rear Setbacks from : Interior Side and Rear Setbacks from AbuttingAbuttingAbuttingAbutting Residential Residential Residential Residential
Use or Platted Lot in Residential DistrictUse or Platted Lot in Residential DistrictUse or Platted Lot in Residential DistrictUse or Platted Lot in Residential District PropertiesPropertiesPropertiesProperties
Zoning DistrictZoning DistrictZoning DistrictZoning District Side SetbackSide SetbackSide SetbackSide Setback Rear SetbackRear SetbackRear SetbackRear Setback
BBBB----1111
Building height (in feet) multiplied by 2.75,
in no case less than 25 feet
25 ft.
Building height (in feet) multiplied by 3.73,
in no case less than 30 feet
30 ft.
BBBB----2222
Building height (in feet) multiplied by 2.75,
in no case less than 30 feet
30 ft.
Building height (in feet) multiplied by 3.73,
in no case less than 35 feet
35 ft.
O&IO&IO&IO&I
Building height (in feet) multiplied by 2.75,
in no case less than 25 feet
25 ft.
Building height (in feet) multiplied by 3.73,
in no case less than 30 feet
30 ft.
ACACACAC
Building height (in feet) multiplied by 3.08,
in no case less than 35 feet
45 ft., in no case less than 35 ft.
Building height (in feet) multiplied by 4.33,
in no case less than 40 feet
50 ft., in no case less than 40 ft.
IIII----1111
Building height (in feet) multiplied by 2.75,
in no case less than 35 feet
50 ft. in no case less than 35 ft.
Building height (in feet) multiplied by 4.33,
in no case less than 40 feet
50 ft., in no case less than 40 ft.
IIII----2222
Building height (in feet) multiplied by 2.75,
in no case less than 40 feet
100 ft., in no case less than 40 ft.
Building height (in feet) multiplied by 5.14,
in no case less than 45 feet
100 ft., in no case less than 45 ft.
Planning Board - October 1, 2020
ITEM: 4 - 10 - 1
2020-09 Planning Board Draft-Height
P a g e 1 | 4
3.2.4. Rural Agricultural (RA) District
D. District Dimensional Standards
Standard All Uses
Lot area, minimum (square feet)* 30,000
1 Lot width, minimum (feet)* 115
2 Front setback (feet)* 40
3 Side setback, street (feet)* 30
4 Side setback, interior (feet)* 20
5 Rear setback (feet)* 30
Density, maximum (dwelling units/acre)** 1
Building height, maximum (feet)*** 35 40
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Applies only to Performance Residential Developments (see Section 3.1.3.D).
*** Structures elevated on open foundations consisting of piers, posts, columns or piles Piling supported structures
located in Coastal High Hazard Areas, V-Zones, or Coastal A Zones, as defined by Article 9: Flood Damage
Prevention, shall have a maximum height of 44 feet.
3.2.5 Airport Residential (AR) District
D. District Dimensional Standards
Standard All Uses
Lot area, minimum (square feet) 43,560
1 Lot width, minimum (feet) 100
2 Front setback (feet) 25
3 Side setback, street (feet) 30
4 Side setback, interior (feet) 20
5 Rear setback (feet) 30
6 Building height, maximum (feet)* 35* 40
* Structures elevated on open foundations consisting of piers, posts, columns or piles shall have a maximum
height of 44 feet All structures are subject to the height limits Unless otherwise specified in Section 5.10,
Airport Height Restriction.
Planning Board - October 1, 2020
ITEM: 4 - 11 - 1
2020-09 Planning Board Draft-Height
P a g e 2 | 4
3.2.6 Residential 20S (R-20S)
D. District Dimensional Standards
Standard All Uses
Lot area, minimum (square feet) 20,000
1 Lot width, minimum (feet) 90
2 Front setback (feet) 30
3 Side setback, street (feet) 22.5
4 Side setback, interior (feet) 15
5 Rear setback (feet) 25
Building height, maximum (feet)* 35* 40
* Structures elevated on open foundations consisting of piers, posts, columns or piles Piling supported structures
located in Coastal High Hazard Areas, V-Zones, or Coastal A Zones, as defined by Article 9: Flood Damage
Prevention, shall have a maximum height of 44 feet.
3.2.7 Residential 20 (R-20) District
D. District Dimensional Standards
Standard Single Family Detached Duplex
Lot area, minimum (square feet)* 20,000 20,000
1 Lot width, minimum (feet)* 90 90
2 Front setback (feet)* 30 30
3 Side setback, street (feet)* 22.5 22.5
4 Side setback, interior (feet)* 15 15
5 Rear setback (feet)* 25 25
Density, maximum (dwelling units/acre)** 1.9
Building height, maximum (feet)*** 35 40
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Applies only to Performance Residential Developments (see Section 3.1.3.D).
*** Structures elevated on open foundations consisting of piers, posts, columns or piles Piling supported structures
located in Coastal High Hazard Areas, V-Zones, or Coastal A Zones, as defined by Article 9: Flood Damage
Prevention, shall have a maximum height of 44 feet.
Planning Board - October 1, 2020
ITEM: 4 - 11 - 2
2020-09 Planning Board Draft-Height
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3.2.8 Residential 15 (R-15) District
D. District Dimensional Standards
Standard Single Family
Detached Duplex
Lot area, minimum (square feet)* 15,000 25,000
1 Lot width, minimum (feet)* 80 80
2 Front setback (feet)* 25 25
3 Side setback, street (feet)* 15 15
4 Side setback, interior (feet)* 10 10
5 Rear setback (feet)* 20 20
Density, maximum (dwelling units/acre)** 2.5
Building height, maximum (feet)*** 35 40
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Applies only to Performance Residential Developments (see Section 3.1.3.D).
*** Structures elevated on open foundations consisting of piers, posts, columns or piles Piling supported structures
located in Coastal High Hazard Areas, V-Zones, or Coastal A Zones, as defined by Article 9: Flood Damage
Prevention, shall have a maximum height of 44 feet.
3.2.9 Residential 10 (R-10) District
D. District Dimensional Standards
Standard Single Family Detached Duplex
Lot area, minimum (square feet)* 10,000 15,000
1 Lot width, minimum (feet)* 70 70
2 Front yard, minimum (feet)* 25 25
3 Street side yard, minimum (feet)* 12.5 12.5
4 Interior side yard, minimum (feet)* 5 5
5 Rear yard, minimum (feet)* 20 20
Density, maximum (dwelling units/acre)** 3.3
Building height, maximum (feet)*** 35 40
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Applies only to Performance Residential Developments (see Section 3.1.3.D).
*** Structures elevated on open foundations consisting of piers, posts, columns or piles Piling supported structures
located in Coastal High Hazard Areas, V-Zones, or Coastal A Zones, as defined by Article 9: Flood Damage
Prevention, shall have a maximum height of 44 feet.
Planning Board - October 1, 2020
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2020-09 Planning Board Draft-Height
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3.2.10 Residential 7 (R-7) District
D. District Dimensional Standards
Standard All Uses
Lot area, minimum (square feet)* 7,000
1 Lot width, minimum (feet)* 50
2 Front setback (feet)* 25
3 Side setback, street (feet)* 12.5
4 Side setback, interior (feet)* 8
5 Rear setback (feet)* 20
Density, maximum (dwelling units/acre)** 6
Building height, maximum (feet)*** 35 40
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Applies only to Performance Residential Developments (see Section 3.1.3.D).
*** Structures elevated on open foundations consisting of piers, posts, columns or piles Piling supported structures
located in Coastal High Hazard Areas, V-Zones, or Coastal A Zones, as defined by Article 9: Flood Damage
Prevention, shall have a maximum height of 44 feet.
3.2.11 Residential Moderate-High Density (R-5) District
E. District Dimensional Standards
Standard Single Family
Detached Duplex Triplex Quadraplex
Lot area, minimum (square feet)* 5,000 7,500 12,500 17,500
1 Lot width, minimum (feet)* 50
2 Front setback (feet)* 20
3 Side setback, street (feet)* 10.5
4 Side setback, interior (feet)* 7
5 Rear setback (feet)* 15
Density, maximum (dwelling units/acre)** 8
Building height, maximum (feet)*** 35 40
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Applies only to Performance Residential Developments (see Section 3.1.3.D).
*** Structures elevated on open foundations consisting of piers, posts, columns or piles shall have a maximum
height of 44 feet.
Planning Board - October 1, 2020
ITEM: 4 - 11 - 4
Landscaping and Transitional Buffer Standards
Code Sections
Affected
Section 5.4,
Landscaping and
Buffering
Key Intent
• Align landscaping standards with proposed tree retention standards
• Establish clear standards for transitional buffers appropriate in a variety of
contexts and with sufficient flexibility to accommodate site-specific requirements
• Adjust landscaping standards to support redevelopment of existing properties
Changes
• The purpose statement for Section 5.4, Landscaping and Buffering was
removed as the policy intent is covered by the Comprehensive Plan. (See
removed Section 5.4.1, Purpose)
• For expansions of existing buildings with less than a 25% increase in floor
area or vehicle use area or requiring fewer than 20 parking spaces, the
requirement of having 15 trees per acre has been removed, to support
redevelopment of existing properties. (See Table 5.4.1.B: Landscaping
Upgrade Standards)
• The size of trees required to meet landscaping and buffering
requirements has been reduced from 3 caliper inches to 2.5 caliper
inches unless otherwise specified as the smaller caliper trees are more
resilient, reach comparable size as 3-inch trees within one year, and are
less expensive. (See Section 5.4.3.2, General Standards)
• Transitional buffers are required for industrial uses when adjacent to all
residential uses. (See Table 5.4.3.B.1: Required Transitional Buffers)
• New approximately 50% opaque Aesthetic Buffers are required between
industrial uses and RMF districts and attached or manufactured housing
types. (See Tale 5.4.3.B.2: Landscape Buffer Types)
• Screening standards have been adjusted to remove the requirement that
roof mounted HVAC units must be screened from the view of adjacent
properties by a wall and to allow fences for screening of dumpsters and
outside storage areas. (See 5.4.4, Screening)
• Specific uses, such as agriculture, single family homes, cemeteries, and
parks, are excluded from street yard landscaping standards. (See 5.4.6,
Street Yard Standards)
• List of landscaping plan contents has been removed as application
requirements are outlined in the Administrative Manual. (See removed
5.4.9, Required Landscaping Plan)
The amendment also clarifies existing standards, such as landscaping upgrade standards, the requirement that
existing vegetation used to meet requirements should be in good health and non-invasive, development allowed
within buffers, screening requirements, how fractions should be rounded, the size of landscaping islands, and when
understory trees can be used in street yard landscaping design.
Planning Board - October 1, 2020
ITEM: 4 - 12 - 1
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Section 5.4 Landscaping and Buffering
5.4.1 Purpose
It is the purpose and intent of this section to ensure developed properties enhance the
County’s unique sense of place and support the health of its natural resources.
Landscaping and buffering contribute to these goals by:
A. Maintaining the visual character of the community;
B. Screening objectionable views within and between uses;
C. Defining functional exterior spaces;
D. Reducing glare into and from developed sites;
E. Reducing dust and other pollutants suspended in the air;
F. Controlling noise and providing acoustical modification into and from developed
sites;
G. Influencing wind patterns and their effects upon proposed uses;
H. Containing odors and minimizing their passage into and from developed sites;
I. Controlling the direction and velocity of surface water runoff;
J. Minimizing soil erosion;
K. Moderating interior and exterior temperatures by controlling solar radiation on
buildings and paved surfaces and air pollution;
L. Maintaining the aesthetic quality of property and enhancing its values;
M. Maintaining the integrity of the County’s natural heritage;
N. Maintaining indigenous species; and
O. Transpiring water.
5.4.21 Applicability
A. Except where expressly exempted, these standards shall apply to all
development within the County’s planning jurisdiction except for single-family
residences being constructed on lots of two acres or less.
B. In cases of expansions to existing principal structures or uses, all newly
developed portions of the site shall be subject to the full landscaping
requirements of this section. Landscaping upgrades for previously developed
portions of the site, up to the maximum landscaping required, shall be provided
in accordance with Table 5.4.21.B: Landscaping Upgrade Standards.
Purpose statements are being
removed as policy intent is covered
by the Comprehensive Plan.
Planning Board - October 1, 2020
ITEM: 4 - 13 - 1
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Table 5.4.Table 5.4.Table 5.4.Table 5.4.22221111.B: Landscaping Upgrade Standards.B: Landscaping Upgrade Standards.B: Landscaping Upgrade Standards.B: Landscaping Upgrade Standards
ExpansionExpansionExpansionExpansion Total Trees Total Trees Total Trees Total Trees
RequiredRequiredRequiredRequired Street Yard AreaStreet Yard AreaStreet Yard AreaStreet Yard Area
Interior Interior Interior Interior
Parking Lot Parking Lot Parking Lot Parking Lot
LandscapingLandscapingLandscapingLandscaping
Transitional Transitional Transitional Transitional
Buffer YardBuffer YardBuffer YardBuffer Yard
10 and up to -25 percent increase in
gross floor area or vehicle use area, OR
Between 5 and -20 new parking spaces
required
15 per acre 50 percent of the
required width for
new construction
Four 4 percent
of parking lot
area
A 6-10 ft. tall
Ffence or 50
percent of
width
required for
new
construction
Greater than 25 and up to -50 percent
increase in gross floor area, OR
Over 10,000 square feet increase in
gross floor area, OR
21 up to -50 new parking spaces
required
15 per acre Full width to the
extent practicable
but in no case less
than or 50 percent
of the required
width for new
construction
4 percent or 6
percent of
parking lot
area if
possible, but
no less than 4
percent
A 6-10 ft. tall
Ffence or 50
percent of
width
required for
new
construction
Greater than 50 percent increase in
gross floor area or vehicular use area,
OR
Over 20,000 sq. ft increase in gross floor
area, OR
More than 50 new parking spaces
required
15 per acre Full width required
for new
construction
8 percent of
parking lot
area
Full width as
required for
new
construction
C. When a subdivision of previously developed property occurs and a building
permit for new construction is obtained for any newly created parcel within two
years of the date that the final subdivision plat was approved, all parcels of the
original tract shall comply with the provisions outlined in Table 5.4.21.AB for
expansions.
D. For consecutive expansions occurring within any two-year period, the amount
of the expansions shall be summed, and the maximum landscaping required
for the total extent of the expansions shall be provided.
E. Notwithstanding the above requirements, expansions to existing structures of
uses amounting to no more than a total of 500 square feet of gross floor area
over a two-year period shall be exempt from the street yard and interior parking
lot landscaping standards.
5.4.32 General Standards
A. All plant materials and their spacing requirements, which are to be planted to
meet the opacity and height requirements of this section, shall be either
selected from the manual “Tree and Plant Materials for Landscaping” manual
prepared by the County Planning and Land Use Department and incorporated
herein by reference (it is -available in the County Planning and Land Use
Department), or shall be approved by the new Hanover County Agricultural
Extension Service. Unless otherwise specified, any tree planted to meet the
Planning Board - October 1, 2020
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requirements of this section shall be a minimum of 2.5-inch caliper in size at
the time of planting.
B. A minimum of 15 trees of at least two inches DBH or two caliper inches, as
applicable, shall be retained or planted on a parcel where development occurs
for each acre or proportionate area disturbed by the development. Trees
retained on the parcel in accordance with Section 5.3, Tree Retention shall
count toward this requirement.
C. Existing vegetation in good health and condition that meets all applicable
standards in this section may be used to satisfy any planting requirements of
this section, provided the vegetation and any trees are protected before and
during development, in accordance with Section 5.3.7, Tree Protection During
Construction. Existing vegetation shall be retained as described in Section 5.3:
Tree Retention.
D. Up to 15 percent of the area to be landscaped may be covered with surfaces
specifically intended to afford intensive use and enjoyment by employees or the
public (such as walking paths, benches, and table pads, etc.)
E. At all driveways and roadway intersections, uUnobstructed visibility shall be
maintained at all driveways and roadway intersections, at elevations between
three and seven feet of the pavement level within the driveway or roadway’s
sight triangle, or any area required by NCDOT.
F. It is encouraged that stormwater management systems be integrated into the
landscaping plan.
G. No certificate of occupancy for any construction or renovation shall be issued
until one of the following conditions is met:
1. The required landscaping is completed in accordance with the approved
plan;
2. A bond or certified check, in an amount submitted by the developer and
certified by the County Commissioners to be acceptable, has been is
posted and available to the County; or
3. An irrevocable letter of credit or deposit of funds in escrow, in an amount
submitted by the developer and certified by the County Commissioners to
be acceptable, is issued by a bank in a form approved by the County
Attorney.
H. No surety or portion thereof, as provided for in this section, shall be released by
the County Commissioners until all landscaping is installed, inspected, and
approved, and until all required certification of such approval is presented and
accepted by the County Commissioners.
5.4.43 Transitional Buffers Standards
A. Purpose
Transitional buffers are intended to protect adjoining land uses, particularly
residential, from the noise, heat, dust, lights, threats to privacy, and aesthetic
impacts of more intensive land uses.
Current
Section
5.3.4.C
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B. Required Width and Plantings
1. Buffer Types
The width of a transitional buffer and the required quantity and type of
plantings varies based on the nature of the proposed adjacent uses. Table
5.4.3.B.1: Required Transitional Buffers, establishes the type of buffer that
is required between two adjacent land uses. Each buffer type is described
in Table 5.4.3.B.2: Landscape Buffer Options.
Table 5.4.3.B.1: Required Transitional Buffers
Proposed Use
Existing Adjacent Use or Zoning District
Single-Family Detached or Two-Family
(Duplex) Dwelling Units;
Undeveloped land in RA, AR, R-20, R-
20S, R-15, R-7, R-10, or R-5 Zoning
Districts
All other residential
uses;
RMF Zoning Districts
Single-Family Detached or Two-
Family (Duplex) Dwelling Units N/A N/A
All other residential uses Type A: Opaque Buffer N/A
Civic & Institutional and
Commercial Uses Type A: Opaque Buffer N/A
Industrial Uses Type A: Opaque Buffer Type B: Aesthetic Buffer
Transitional buffers shall be provided in accordance with Table 5.4.4.B:
Transitional Buffer Standards.
TableTableTableTable 5.4.4.B5.4.4.B5.4.4.B5.4.4.B: Transitional Buffer Standards: Transitional Buffer Standards: Transitional Buffer Standards: Transitional Buffer Standards
New Development on Subject SiteNew Development on Subject SiteNew Development on Subject SiteNew Development on Subject Site Adjacent PropertyAdjacent PropertyAdjacent PropertyAdjacent Property
• Nonresidential uses
• Attached residential developments
• Mobile home parks
• Development with Additional
Dwelling Allowance
• Planned Developments
• Detached or duplex residential
structure
• Undeveloped land in Residential
zoning district
• Platted residential lots
• Proposed residential lots included
within an approved and valid
preliminary plat for a major
subdivision
2. Minimum Width and Plantings
Transitional buffers shall have a base width equal to at least 50 percent of
the required setback, with a minimum width of 20 feet. The applicant may
choose to increase the required buffer width to receive an equivalent
reduction in a building’s setback.
Current
5.4.4.C
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a. The standards for each buffer type are described in Table 5.4.3.B.2:
Landscape Buffer Types.
b. The width of the required buffer in particular locations may be reduced
by up to 50 percent as long as the total area of landscape buffer that is
provided is the same as if the width of the buffer were not reduced, and
the Planning Director determines that the amount of screening where
the width is reduced will be sufficient to accomplish the purposes of this
Section 5.4.3.
Table 5.4.3.B.2: Landscape Buffer Types
Buffer Type Minimum Width and Plantings Required
Type A: Opaque Buffer
Option 1:
Vegetation Only
The minimum buffer width shall be 50 percent of the minimum required setback as set forth in
Article 3: Zoning Districts, or 20 feet, whichever is greater.**
Planted materials shall be a minimum of six feet in height and provide approximately full opacity
within one year of planting.*
A minimum of three rows of planted material are required.
Option 2:
Combination
Berm &
Vegetation
The minimum buffer width shall be 50 percent of the minimum required setback as set forth in
Article 3: Zoning Districts, or 20 feet, whichever is greater.**
The berm shall be constructed of compacted earth. The slope of the berm shall be stabilized
with vegetation and shall be no steeper than 3:1. The height of the berm shall be six feet or
less with a level or rounded area on top
The combined height of the berm and planted vegetation shall provide approximately full
opacity to a minimum height of six feet within one year of planting. The height of the berm and
vegetation shall be measured from the ground level at the nearest lot boundary line.*
Option 3:
Combination
Fencing &
Vegetation
The minimum buffer width shall be 50 percent of the minimum required setback as set forth in
Article 3: Zoning Districts, or 10 feet, whichever is greater.**
Fencing shall be between 6 and 10 feet in height.
Required planted materials shall be located between the fence and the common property line
unless otherwise specified.
If solid fencing is used, planted materials a minimum of three feet in height and providing a
minimum of approximately 50 percent visual opacity at initial planting shall be required.
Vegetation shall be planted between the fence and the nonresidential or attached structure if
the required buffer is 15 ft. or less in width to accommodate regular maintenance.*
If permeable fencing is used, a minimum of two rows of planted materials providing
approximately full opacity within one year of planting are required.*
Type B: Aesthetic Buffer
Option A:
Vegetation Only
Width: 20 ft. minimum
Planted materials shall provide approximately 50 percent opacity within one year of planting.*
A minimum of three rows of planted material, using a minimum of two plant species that will result
in different heights at maturity, are required.
Current Table 5.4.4.D
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Table 5.4.3.B.2: Landscape Buffer Types
Buffer Type Minimum Width and Plantings Required
Option B:
Combination
Fencing &
Vegetation
Width: 10 ft. minimum
Planted materials shall provide approximately 50% opacity within one year of planting.*
Fencing shall be between 4 and 10 feet in height.
Planted materials shall be planted between the fence and the industrial use with sufficient space
to accommodate regular maintenance.
If permeable fencing is used, at least one row of planted materials is required. Chain link or wire
fencing cannot be used to meet the fencing requirement.
*Plants and spacing to achieve the height and opacity requirements of this buffer option are outlined in the “Tree and
Plant Materials for Landscaping” manual.
**If the applicant increases the required buffer width, an equivalent reduction in a building’s setback is allowed, except
for interior side and rear setbacks from residential properties in the B-1, B-2, and O&I districts.
Transitional buffers shall provide approximately 100 percent opacity and may be
occupied only by natural and/or planted vegetation, berms, and fencing as
specified in Table 5.4.4.B: Transitional Buffer Types and Specifications. Where
a utility easement occupies a portion of the buffer, sufficient plantings must be
provided outside the easement to meet the required opacity standard.
Table 5.4.4.Table 5.4.4.Table 5.4.4.Table 5.4.4.DDDD: Transitional Buffer Types and Specifications: Transitional Buffer Types and Specifications: Transitional Buffer Types and Specifications: Transitional Buffer Types and Specifications
TypeTypeTypeType SpecificationsSpecificationsSpecificationsSpecifications
Planted Buffer Planted Buffer Planted Buffer Planted Buffer
StripStripStripStrip
• Planted materials shall be a minimum of six feet in height
and provide approximately 100 percent opacity within one
year of planting.
• Three rows of planted material are required.
Combination Combination Combination Combination
Planted Buffer Planted Buffer Planted Buffer Planted Buffer
Strip and FencingStrip and FencingStrip and FencingStrip and Fencing
• Fencing shall be between six and ten feet in height
• Planted materials shall be located between the fence and the
common property line.
• If solid fencing is used, two rows of planted materials a
minimum of three feet in height and providing
approximately 50 percent visual opacity at initial planting
shall be required.
• If permeable fencing is used, two rows of planted materials
giving approximately 100 percent of visual opacity within
one year of planting shall be required.
Combination Combination Combination Combination
Berm and Berm and Berm and Berm and
VegetationVegetationVegetationVegetation
• The combined height of the berm and planted vegetation
shall be a minimum of six feet and provide approximately
100 percent opacity within one year of planting.
• The slope of the berm shall be stabilized with vegetation.
The slope shall be no steeper than 3:1.
• The height of the berm shall be six feet or less with a level or
rounded area on top.
• The berm shall be constructed of compacted earth.
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c. If existing trees and shrubs in the location of a required transitional
buffer meets at least 50 percent of the required opacity standards, then
those trees and shrubs shall be retained for use in buffering and
supplemented as needed with plantings, fences, and/or berms to meet
the standards of this subsection. Existing trees greater than eight
inches DBH shall not be removed from the required buffer area, unless
the Planning Director determines removal of such trees is necessary
for the installation of utilities or other required essential improvements.
The retention requirements in this section shall not apply to existing
trees or shrubs identified as invasive species, as defined in this
Ordinance.
C. Activities and Development Within Buffer
No activities shall occur in the buffer except for maintenance of the buffer and
the installation and maintenance of water, sewer, electrical, and other utility
systems where the installation causes minimal disturbance of existing
vegetation. No transitional buffer required by this section may contain any
building or structure or extension of any building or mechanical system. This
prohibition shall apply at the time of issuance of a certificate of occupancy and
at any time thereafter, and shall include but not be limited to: porches, decks,
patios, HVAC components, waste containers, storage buildings, or any other
fixture or permanent structure, whether temporary or permanent. Development
within the buffer yard shall be limited to the following:
1. Fences and walls;
2. Retaining walls; and
3. Sidewalks, trails, and bike paths, provided that required opacity is
maintained in all locations except connections to off-site sidewalks, trails, or
bike paths.
5.4.54 Screening
A. The following uses shall be shielded from view from the property line of an
existing residential use by means of a 100 percent opaque solid wall:
1. Dumpsters or other trash holding areas;
2. Outside storage areas;
1. Loading/unloading areas; and
2. Heating/air conditioning units, including excluding roof mounted units.
B. The following uses shall be screened from view from the property line of an
existing residential use by means of a solid fence;
1. Dumpsters or other trash holding areas; and
2. Outside storage areas.
C. The following uses shall be screened from the view of any public right-of-way
or adjacent property by vegetative materials, berms, fencing, walls, and/or any
combination thereof to a height of at least eight feet living or nonliving material,
as specified in this section, at least eight feet in height;
Current
5.4.4.E
Update of
Current
Section 5.3.4.E
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1. The rear side (if no public access is provided) of a building where that side
abuts a street right-of-way; and
2. Any dumpster or trash receptacle storage area used in connection with any
business establishment.
5.4.65 Parking Lots
A. Landscaping is required for parking lots to reduce the aesthetic impacts of
paving or removing the natural vegetation from large areas and to reduce the
noise, heat, and dust associated with parking lots, in addition to the general
intent of landscaping and buffering standards as outlined in Section 5.4.1,
Purpose.
A. Landscaping in accordance with the standards in this section shall be required
for all off-street parking lots with five or more spaces, or at least 2,500 square
feet devoted to vehicular use. A landscaping plan shall be submitted in
accordance with the requirements outlined in the Administrative Manual
Section 5.4.10, Required Landscaping Plan.
B. Landscaping shall be required for parking lot perimeters in accordance with the
specifications outlined in Table 5.4.65.C: Design Criteria Standards for Parking
Lot Perimeter Landscaping, provided that where a perimeter landscaping strip
overlays a required street yard or transitional buffer, the more stringent
requirements shall apply.
Table 5.4.65.C: Design Criteria Standards for Parking Lot
Perimeter Landscaping
Applicability • A landscaped strip shall be required along any side of a parking
lot abutting another parking lot or land in a Residential zoning
district .
Dimensional
Standards
• The perimeter landscaping strip shall be a minimum of ten feet
in width.
Plantings Required • The landscaping strip shall consist of a minimum one three inch
caliper evergreen or deciduous tree every 18-27 feet A
minimum of one evergreen or deciduous tree for every 20 linear
feet of planting strip on average, rounded to the highest whole
number, shall be planted within the planting strip.
Design Alternatives • When adjacent to another parking lot, the landscaping strip may
be interrupted by driveway connections between parking lots. If
adjacent parking lots are developed concurrently, then both
properties can install a five-foot strip or footages adding up to
ten feet, mutually agreed upon in writing by the two property
owners.
• A landscaped strip shall not be required between adjacent
parking lots that share a double parking row slip along the
middle of a drive aisle.
• A perimeter landscaped strip may be used as part of a
transitional buffer required in accordance with Section 5.5.4
C. Landscaping for parking lot interiors shall be in accordance with the
specifications outlined requirements in Table 5.4.65.D: Design Criteria
Standards for Parking Lot Interiors.
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Table 5.4.65.D: Design Criteria for Parking Lot Interiors
Dimensional
Standards
• Interior Llandscaped areas in the interior of parking lots shall be
equal to eight percent of the total area to be used for parking,
loading, automobile sales, driveways, internal drive aisles, and
other vehicular or pedestrian use.
• Landscaping islands, either separate from or protruding from
perimeter landscaping strips, shall be a minimum of 12 feet in
width measured from back of curb to back of curb.
Plantings
Required
• One planted or existing tree shall be required for every 144
square feet rounded to the next lowest whole number of total
interior landscaped area, with a minimum of one tree in each
island.
• At least 75 percent of trees required for interior landscaping
shall be of a shade/canopy species a minimum of three inches
caliper in size.
• The remainder of interior landscaped area shall be covered with
appropriate mulching or vegetative groundcover, except for
designated pedestrian walkways making up no more than 15
percent of any island.
Design
Standards
• No parking space shall be located more than 120 feet from a
landscaped island.
• All parking spaces shall be blocked or curbed to prevent
vehicles from encroaching more than one foot into planting
islands or landscaped yards or damaging adjacent fences or
screens.
• Depressions and curb cuts shall be allowed for water quality
protection.
Design
Alternatives
• The interior landscaping requirement for storage facilities can
be met with landscaped islands on the ends of buildings and
with protruding perimeter landscaping.
• Interior landscaping within automobile sales lots may be
distributed so that smaller understory trees are utilized toward
the interior of the lot and shade trees are placed toward the
perimeter.
• For redevelopment of nonconforming parking facilities
containing a total of 5-25 parking stalls, a perimeter landscaped
strip a minimum width of ten feet may be provided in-lieu of
interior landscaping. For every 40 linear feet, or fraction thereof,
the perimeter strip shall contain a minimum of one canopy tree
at least three-inch caliper in size or three understory trees at
least six feet in height AND a continuous row of evergreen
shrubs a minimum 18 inches in height at time of planting.
D. When a parking lot is within 50 feet of a right-of-way, and no other provisions of
this Ordinance require a planted buffer, a low landscaped screen shall be
installed along any portions of the parking lot along the right-of-way and be
incorporated into the street yard to provide protection from the headlights of
vehicles within the parking lot, subject to The landscaped screen shall comply
with the following standards:
1. The landscape screen shall consist of shrubbery, a grade change, a
planted berm, or any combination thereof a minimum of three feet in height
and five feet in width.
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2. If the landscape screen is at least 15 feet in width, the landscape screen
may be continuous and incorporated into the street yard landscaping area.
3. Depressions and curb cuts shall be allowed for water quality protection.
E. The Planning Director may waive all or part of the requirements of this section
if:
1. The parking lot is limited to periodic or intermittent use for as a vehicular
parking lot for churches Religious Assemblies or recreation facilities Park
and Recreation Areas, provided the parking lot is completely covered by
grass or otherwise presents a landscaped effect.
2. The parking lot is a temporary parking lot for a period of no more than one
year in length and it will not violate the purposes of this section and this
Ordinance.
5.4.76 Street Yards Standards
A. Street yard landscaping is required upon for new construction of principal
structures, expansions to existing structures, and changes of use whenever
additional off-street parking is required, excluding the following uses:
1. General Agricultural and Forestry Uses;
2. Residential development unless built to the commercial building code;
3. Private Residential Boating Facilities,
4. Cemeteries,
5. Park and Recreation Areas with no structures or parking areas; and
6. Utility lines.
B. Street yard area shall be required in accordance with the specifications outlined
in Table 5.4.76.B, Street Yard Area Standards. The applicant may install the
street yard in any configuration that provides the required amount of street yard
square footage between the property line and any site improvements and that
conforms with required street yard minimum and maximum widths. Street
yards may be located within any required minimum setback.
Table Table Table Table 5.4.5.4.5.4.5.4.77776666.B.B.B.B: Street Yard Area Standards: Street Yard Area Standards: Street Yard Area Standards: Street Yard Area Standards
Zoning District or UseZoning District or UseZoning District or UseZoning District or Use Required AreaRequired AreaRequired AreaRequired Area
BBBB----2222, , , , CS, CS, CS, CS, IIII----1, I1, I1, I1, I----2, AC2, AC2, AC2, AC • 25 square feet for every linear foot
of street yard frontage
• Minimum street yard width: 12.5
feet
• Maximum street yard width: 37.5
feet
BBBB----1111, , , , CB, O&ICB, O&ICB, O&ICB, O&I, EDZD, , EDZD, , EDZD, , EDZD, UMXZUMXZUMXZUMXZ DistrictsDistrictsDistrictsDistricts
Developments with Additional Dwelling Developments with Additional Dwelling Developments with Additional Dwelling Developments with Additional Dwelling
Allowance or High Density Development Allowance or High Density Development Allowance or High Density Development Allowance or High Density Development
Special Use PermitSpecial Use PermitSpecial Use PermitSpecial Use Permit
• 18 square feet for every linear foot
of street yard frontage
• Minimum street yard width: 9 feet
• Maximum street yard width: 27 feet
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Table Table Table Table 5.4.5.4.5.4.5.4.77776666.B.B.B.B: Street Yard Area Standards: Street Yard Area Standards: Street Yard Area Standards: Street Yard Area Standards
Zoning District or UseZoning District or UseZoning District or UseZoning District or Use Required AreaRequired AreaRequired AreaRequired Area
NonNonNonNon----Residential Uses in Residential Residential Uses in Residential Residential Uses in Residential Residential Uses in Residential
Districts Districts Districts Districts
• 12 square feet for every linear foot
of street yard frontage
• Minimum street yard width: 8 feet
• Maximum street yard width: 18 feet
− The road fronting width of driveways are not included in the linear street
frontage when determining the base street yard area.
− The area of any walkways, sidewalks or other bicycle and pedestrian facilities, and
transit amenities shall be subtracted from the base street yard area required
above to get the total required street yard area.
− Areas designated for stormwater functions, except piped areas, shall not be
included in the required street yard area.
− The applicant may choose to increase the required square footage per linear foot
up to 25 percent to receive an equivalent reduction in the building’s front yard
setback.
− The applicant may install the street yard in any configuration that provides the
required amount of street yard square footage between the property line and any
site improvements as long as it remains in compliance with the minimum and
maximum widths outlined above.
C. For every 600 square feet of street yard area on average, the following
landscaping shall be provided:
1. One canopy/shade tree a minimum of three inches (3”) caliper in size at
time of planting, OR or if overhead power lines are located above the street
yard, three (3) understory trees a minimum of six (6) feet in height at time of
planting if overhead power lines are located above the street yard; and
2. Six shrubs, 12” inches in height at time of planting.
D. Street yard landscaping shall be required along all street frontage. For sites
with two or more street frontages, only the primary street frontage shall be
required to contain the full amount of street yard as determined in Table
5.4.76.AB: Street Yard Area Standards. Secondary street frontages are
required to contain 50 percent of the required street yard area.
E. If there are existing trees of a minimum two inches DBH caliper size in the
proposed street yard, the Planning Director may grant credit for these trees
toward meeting tree preservation requirements. In addition, the Planning
Director may require the saving of any regulated tree in the street yard area.
F. On a case-by-case basis, the Planning Director may approve alternate planting
materials or substitutions to street yard planting requirements where
requirements would not be practical due to existing vegetation or other unique
conditions. Such substitutions must shall be determined to be in keeping with
the purpose and intent of this section.
G. For all lots of record two acres or less in size, if the Planning Director
determines that the essential site improvements cannot be accommodated
under these requirements, then the required street yard area may be reduced
by one-half, but in no case shall it be reduced less than one-half.
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H. Walkways, sidewalks, or other bicycle and pedestrian facilities, fountains, walls
or fences, and transit amenities shall be permitted within the street yard;
however, parking areas shall not be permitted.
5.4.87 Foundation Plantings
A. Foundation plantings located between the building face and the parking lot or
drive aisle shall be required for all portions of buildings adjacent to parking lots
or internal drive aisles.
B. The following minimum standards are required, though additional landscaping
is encouraged:
1. The foundation planting area shall be a minimum of 12 percent of the area
of the building face adjacent to the parking area or internal drive; and
2. The foundation planting area shall be planted as landscaped areas of
sufficient variety, height, and size, with plantings listed in “Tree and Plant
Materials for Landscaping.”
C. Exemptions from foundation plantings may be granted by the Planning Director
when the following circumstances exist or when any of the following conditions
are proposed on the site:
1. For those portions of buildings that have drive-up services (i.e. e.g.,
pharmacies, banks, fast food restaurants, dry cleaners, photo shops, etc.);
and
2. On the rear side of a building when less than 10 percent of the total
required parking is located in the rear of the building and the rear is not
adjacent to any public right-of-way.
5.4.9 Required Landscaping Plan
A. Before or at the time of application for a building permit, a landscaping plan
shall be submitted for all projects with required landscaping and/or buffering.
B. The landscaping plan shall include the following:
1. Date of plan preparation;
2. Project name and description of land use;
3. Project owner and mailing address;
4. A map at a scale of 1” = 100’ or less showing:
a. North arrow;
b. Scale;
c. Approximate locations and species of all existing regulated trees and
their canopy drip line. If groves of protected trees exist that will not be
removed or disturbed, it is permissible to label the grove as such on the
map, stating the approximate number of protected trees and species
mix, without specifying data on each individual tree.
d. Locations, dimensions, and square footage of required buffer strips,
screens, and required landscaping areas;
Landscaping
plan contents
will be
included in
Administrative
Manual where
other site plan
requirements
are currently
located.
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e. Details of required landscaping showing species, dimensions, and
spacing of planted materials and the use and protection of existing
vegetation;
f. Location and square footage of structures and parking lots;
g. The zoning district classification of adjacent properties;
h. Approximate locations of all trees greater than eight inches (8”) DBH
within required buffers, and all areas of natural vegetation to be used as
part of the buffer;
i. Setbacks of all structures and shielding of certain uses, as required;
j. All existing and proposed utilities, and if applicable, their associated
easements;
k. Location of any Conservation Resources associated with the parcel
including any Rare and Endangered Species in accordance with the
North Carolina Wildlife Resources Commission and the federal
Endangered Species Act.
5. The propose schedule for landscaping;
6. Notes on the plan stating that prior to any clearing, grading, or construction
activity, tree protection fencing will be installed around protected trees or
groves of trees. And that no construction workers, tools, materials, or
vehicles shall be permitted within the tree protection area;
7. Reasons for removal if any protected tree is intended to be cleared from the
site. Suitable reasons for clearing one or more of these trees include such
factors as trees cover more of the site area than is required to be
landscaped, and the parcel will be full used, or that it is impossible to
position buildings on the parcel and meet setback requirements without tree
removal. Unsuitable reasons include such factors as the need for more
parking than the minimum required by this Ordinance is desired, or that
non-selective clearing by bulldozers is less expensive than selective
clearing by chainsaw.
5.4.108 Maintenance
A. All existing vegetation that is used to meet comply with the landscaping
requirements, all required planted living material, and all required berms shall
be maintained by the owner of the property on a continuing basis.
B. Any planted material that becomes damaged or diseased or dies shall be
replaced by the owner within 60 days of the occurrence of such condition. If
the Planning Director determines there are seasonable conditions that will not
permit the timely replacement of the vegetation (e.g. too hot or too cold for
successful replanting), the Planning Director may modify the requirement until
a time certain when the replanting would be successful.
C. Artificial fencing and nonliving screening buffers shall be maintained, cleaned,
and repaired by the owner of the property on a continuing basis. Such fencing
shall be kept free of litter and advertising.
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Parking and Loading Standards
Code Sections
Affected
Section 5.1, Parking
and Loading
Section 6.3, Design
Standards
Key Intent
• Ensure use list for parking minimums mirrors Permitted Use Table list and
categories
• Replace parking minimum requirements that rely on operational criteria (number
of employees, etc.) with standards based on consistent criteria (building size,
etc.)
• Update or provide provisions for shared parking and alternative parking plans
based on existing and future business models
• Update parking lot design and loading area standards
Changes
• The purpose statement for Section 5.1, Parking and Loading was
removed as the policy intent is covered by the Comprehensive Plan. (See
removed Section 5.1.1, Purpose and Intent)
• Requirements for time of review and site plan have been removed as they
are covered in Article 10, Administrative Procedures and the
Administrative Manual. (See removed Section 5.1.3, Time of Review)
• Minimum off-street parking standards have been aligned with current use
list and calculation methodology is based on consistent criteria. (See
Table 5.1.4.2.A: Minimum Off-Street Parking; For more information on effect
on existing standards, see attached Minimum Off-Street Parking Summary
Sheet)
• Clear criteria for determining parking standards for unlisted uses and
provisions for mixed use development parking are outlined. (See
subsections B and C of Section 5.1.2, Minimum Off-Street Parking
Standards)
• Alternative parking plan standards have been updated to allow parking
demand studies, establish clear provisions for shared parking
arrangements, provide for deferred parking, and outline standards for
valet and tandem parking. (See Section 5.1.3, Alternative Parking Plans)
• New best practices surfacing and design standards are established for
off-street parking. (See Section 5.1.4, Off-Street Parking Design Standards)
• Special use permits are no longer required for parking garages in the B-1,
CB, B-2, O&I, and AC districts in order to reduce regulatory barriers to
more efficient land use. (See subsection 5.1.5.4.B.8.c of Section 5.1.4, Off-
Street Parking Design Standards)
• Loading space minimums, sizes, and locations are updated in
accordance with best practices but can be reduced based on a loading
space study. (See Section 5.1.5, Loading Areas)
• Parking area standards for cluster-style mailbox kiosks have been added
to the Subdivision Design Standards, which also apply to performance
residential projects. (See Section 6.3, Design Standards)
The amendment also clarifies when parking and loading standards apply.
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∆ Method to determine minimum parking requirement has changed—impact on minimum parking requirements depends on specific project
↑ Minimum parking required has been increased
↓ Minimum parking required has been decreased
N New minimum parking requirement (not specified in current standards)
C Clarification of existing parking requirement
Minimum Minimum Minimum Minimum OffOffOffOff----Street ParkingStreet ParkingStreet ParkingStreet Parking Comparison SummaryComparison SummaryComparison SummaryComparison Summary
sf = square feet of gross floor area,sf = square feet of gross floor area,sf = square feet of gross floor area,sf = square feet of gross floor area, except except except except where otherwise specifiedwhere otherwise specifiedwhere otherwise specifiedwhere otherwise specified
du: dwelling unit; / = perdu: dwelling unit; / = perdu: dwelling unit; / = perdu: dwelling unit; / = per
UseUseUseUse Current StandardsCurrent StandardsCurrent StandardsCurrent Standards Amendment ConceptAmendment ConceptAmendment ConceptAmendment Concept
Agricultural UsesAgricultural UsesAgricultural UsesAgricultural Uses
Agricultural and Forestry Uses,
General N/A No minimum C
Livestock Sales N/A No minimum C
Stable N/A No minimum C
Wholesale Nursery N/A No minimum C
Residential UsesResidential UsesResidential UsesResidential Uses
Household LivingHousehold LivingHousehold LivingHousehold Living
Dwelling, Dual-Unit Attached 2 spaces per dwelling unit located on the same lot as the residence 2/du
Dwelling, Multi-Family 1.5 spaces per dwelling unit with 1 bedroom; 2 spaces per dwelling
unit with 2+ bedrooms
1.5/du with 1 bedroom;
2/du with 2+ bedrooms
Dwelling, Quadraplex 1.5 spaces per dwelling unit with 1 bedroom; 2 spaces per dwelling
unit with 2+ bedrooms
1.5/du with 1 bedroom;
2/du with 2+ bedrooms
Dwelling, Single-Family Detached 2 spaces per dwelling unit located on the same lot as the residence 2/du
Dwelling, Triplex 1.5 spaces per dwelling unit with 1 bedroom; 2 spaces per dwelling
unit with 2+ bedrooms
1.5/du with 1 bedroom;
2/du with 2+ bedrooms
Dwelling, Row-Style 2 spaces per dwelling unit located on the same lot as the residence 2/du
Dwelling, Two-Family (Duplex) 2 spaces per dwelling unit 2/du
Live/Work or Caretaker Unit 2/du, in addition to parking provided for principal use 2/du, in addition to parking provided for principal use
Mobile Home Not specifically outlined 2/du C
Mobile Home, Doublewide Not specifically outlined 2/du C
Mobile Home Park Not specifically outlined 2/du C
Mobile Home Subdivision Not specifically outlined 2/du C
Senior Living: Independent Living
Retirement Community N/A 1.5/du plus 2/1,000 sf nonresidential space N
Group LivingGroup LivingGroup LivingGroup Living
Family Care Home N/A 2/du C
Fraternity/Sorority Residence 1 space for each resident occupant 1/single occupancy bedroom
2/double occupancy bedroom ∆
Group Home Maximum of 2, plus 1 for every 4 beds and 2 per supervisor Maximum of 2 plus 1/every 4 beds plus 2 for resident
supervisor(s)
Senior Living: Assisted Living
Facility
1 space for every 4 beds intended for patient use, plus 1 per
employee on the largest shift 1 per 3 beds ∆
Senior Living: Continuing Care
Retirement Community 1.5 per unit + 1 per employee on largest shift See Senior Living: Independent Living Retirement
Community and Senior Living: Assisted Living Facility ∆
Civic and InstitutionalCivic and InstitutionalCivic and InstitutionalCivic and Institutional
Child and Adult CareChild and Adult CareChild and Adult CareChild and Adult Care
Adult Day Care N/A 1 per 4 clients (per design capacity or state permit) N
Child Care Center 1 space for every 8 participants 1 per 10 children (per design capacity or state permit) ↓
Family Child Care Home N/A 1 space in addition to the 2/du required for the
residential use N
CivicCivicCivicCivic
Animal Shelter N/A 2/1,000 sf N
Community Center N/A 2.5/1,000 sf N
Library 1 per 400 sf GFA 2.5/1,000 sf
Lodges, Fraternal, & Social
Organizations
Clubs, Public or Private, and Associated Uses: 1 space for every 100
square feet of gross floor area. Parking for any associated use may
be reduced by one-half of the spaces required, by the Planning
Director upon submission of adequate documentation.
3/1,000 sf
Museum 1 per 400 sf GFA 2.5/1,000 sf
Religious Assembly 1 space for every 4 seats in the sanctuary 1 per 5 seats in largest assembly area ↓
Communication and Information Communication and Information Communication and Information Communication and Information
FacilitiesFacilitiesFacilitiesFacilities
Amateur Radio Antennas (up to 90
ft.) N/A No minimum C
Antenna & Towers less than 70 ft.
in Height & Ancillary to the
Principal Use
N/A No minimum C
Collocation, Wireless N/A No minimum C
Non-Substantial Modification N/A No minimum C
Other Wireless Communication
Facilities including Wireless Support
Structures & Substantial
Modifications
N/A No minimum C
Educational ServicesEducational ServicesEducational ServicesEducational Services
Colleges, Universities, and
Professional Schools N/A 2/1,000 sf classroom and research space, plus 1 per 6
seats in largest assembly area N
Planning Board - October 1, 2020
ITEM: 4 - 15 - 1
P a g e 2 | 4
∆ Method to determine minimum parking requirement has changed—impact on minimum parking requirements depends on specific project
↑ Minimum parking required has been increased
↓ Minimum parking required has been decreased
N New minimum parking requirement (not specified in current standards)
C Clarification of existing parking requirement
Minimum Minimum Minimum Minimum OffOffOffOff----Street ParkingStreet ParkingStreet ParkingStreet Parking Comparison SummaryComparison SummaryComparison SummaryComparison Summary
sf = square feet of gross floor area,sf = square feet of gross floor area,sf = square feet of gross floor area,sf = square feet of gross floor area, except except except except where otherwise specifiedwhere otherwise specifiedwhere otherwise specifiedwhere otherwise specified
du: dwelling unit; / = perdu: dwelling unit; / = perdu: dwelling unit; / = perdu: dwelling unit; / = per
UseUseUseUse Current StandardsCurrent StandardsCurrent StandardsCurrent Standards Amendment ConceptAmendment ConceptAmendment ConceptAmendment Concept
Elementary and Secondary Schools Kindergarten or Nursery: 2 spaces for each employee and 4 spaces
for drive-in off-street drop-off and pickup
Elementary and Junior High: 1 space for each classroom and
administrative office, plus 10 additional spaces
Senior High: 1 space for every 10 students for which the building
was designed, plus 1 space for each classroom and administrative
office
Kindergarten, Nursery, Elementary, and Junior High
School: 1 per 6 students design capacity
High School: 1 per 4 students design capacity
∆
↑
Vocation or Trade School N/A 3/1,000 sf N
Government ServicesGovernment ServicesGovernment ServicesGovernment Services
Government Offices and Buildings N/A 2.5/1,000 sf N
Post Office
N/A 2.5/1,000 sf, plus 1 for each post office vehicle stored
on site N
Health Care FacilitiesHealth Care FacilitiesHealth Care FacilitiesHealth Care Facilities
Hospital N/A 3.5/1,000 sf N
Medical and Dental Office and
Clinic 4 spaces for each doctor, plus 1 space for each employee 3.5/1,000 sf ∆
Nursing and Rehabilitation Center 1 space for every 4 beds intended for patient use, plus 1 per
employee on the largest shift 1 per 4 beds ↓
Recreation, Parks, and Open Recreation, Parks, and Open Recreation, Parks, and Open Recreation, Parks, and Open SpaceSpaceSpaceSpace
Boating Facility, Community 1 per boat slip 1 per boat slip
Boating Facility, Private Residential N/A No minimum
Cemetery N/A No minimum
Golf Course Golf course, par 3, or miniature golf course: 3 spaces for every
hole, plus requirements for any other associated use (restaurant,
etc.)
2 spaces per hole ↓
Park and Recreation Area N/A No minimum C
TransportationTransportationTransportationTransportation
Airport and Terminal N/A No minimum C
Bus and Taxi Terminal N/A No minimum C
Heliport N/A No minimum C
Marina, Commercial 1 per boat slip and 1 per 4 dry storage facilities 1 per boat slip and 1 per 4 dry storage facilities C
Marina, Commercial with Floating
Structures 2 per floating structure except in A district 1 per boat slip, 1 per 4 dry storage facilities, and 2 per
floating structure ↑
Railroad Freight Depot N/A 2/1,000 sf office facilities N
Railroad Passenger Terminal N/A 2/1,000 sf N
Water Transportation Facilities N/A Study required N
UtilitiesUtilitiesUtilitiesUtilities
Electric Substation N/A No minimum
Solar Energy Collection Facility N/A 2/1,000 sf office facilities N
Utility Lines, Structures, and/or
Facilities; General N/A 2/1,000 sf office facilities N
Commercial UsesCommercial UsesCommercial UsesCommercial Uses
Amusement & Entertainment UsesAmusement & Entertainment UsesAmusement & Entertainment UsesAmusement & Entertainment Uses
Adult Entertainment Establishment N/A 4/1,000 sf N
Bar/Nightclub N/A 6/1,000 sf seating area N
Electronic Gaming Operation The greater of:
10/1,000 sf, or
1 per 2 terminals/computers
The greater of:
10/1,000 sf, or
1 per 2 terminals/computers
Indoor Recreation Establishment Bowling alley: 3 spaces per alley, plus parking spaces to meet the
requirements for any other use associated with the establishment
(restaurant, etc.)
Auditorium or Theater: 1 space for every 4 seats in the largest
assembly area
Theaters: 1 per 5 seats
All other uses: 4/1,000 sf
∆
Outdoor Recreation Establishment Stadium or Arena: 1 space for every 4 spectator seats Stadium or Arena: 1 per 5 seats
All other uses: 4/1,000 sf activity area ∆
Outdoor Shooting Range N/A 4/1,000 sf activity area N
Animal ServicesAnimal ServicesAnimal ServicesAnimal Services
Equestrian Facility N/A No minimum C
Kennel N/A 4/1,000 sf N
Veterinary Service N/A 3/1,000 sf N
Commercial ServicesCommercial ServicesCommercial ServicesCommercial Services
Bank and/or Financial Institution 1 space for every 250 square feet of gross floor area; up to 2
stacking spaces per drive-thru teller window may be credited to
the minimum
3/1,000 sf ↓
Business Service Center N/A 3/1,000 sf N
Commercial Parking Lot or Facility N/A No minimum C
Funeral Services 1 space for every 5 seats in the chapel or parlor, plus 1 space for
each funeral vehicle 1 per 5 seats, plus 1 space per funeral vehicle
Planning Board - October 1, 2020
ITEM: 4 - 15 - 2
P a g e 3 | 4
∆ Method to determine minimum parking requirement has changed—impact on minimum parking requirements depends on specific project
↑ Minimum parking required has been increased
↓ Minimum parking required has been decreased
N New minimum parking requirement (not specified in current standards)
C Clarification of existing parking requirement
Minimum Minimum Minimum Minimum OffOffOffOff----Street ParkingStreet ParkingStreet ParkingStreet Parking Comparison SummaryComparison SummaryComparison SummaryComparison Summary
sf = square feet of gross floor area,sf = square feet of gross floor area,sf = square feet of gross floor area,sf = square feet of gross floor area, except except except except where otherwise specifiedwhere otherwise specifiedwhere otherwise specifiedwhere otherwise specified
du: dwelling unit; / = perdu: dwelling unit; / = perdu: dwelling unit; / = perdu: dwelling unit; / = per
UseUseUseUse Current StandardsCurrent StandardsCurrent StandardsCurrent Standards Amendment ConceptAmendment ConceptAmendment ConceptAmendment Concept
Mini-Warehouse/Self-Storage N/A 0.5/1,000 sf rentable storage area N
Off-Premises Advertising N/A No minimum C
Repair Shop N/A 3/1,000 sf N
Food & DrinkFood & DrinkFood & DrinkFood & Drink
Restaurant Restaurant or place dispensing food, drink, or refreshments: 1
space for every 3 seats, plus 1 space for every 2 employees
Restaurant, drive-in: 1 space for every 3 seats, plus a minimum of
15 spaces for drive-in service and 1 space for every 2 employees
6/1,000 sf seating area ∆
LodgingLodgingLodgingLodging
Bed and Breakfast Inn 1 per bedroom and 1 per employee 1 per bedroom and 2/1,000 sf common space ∆
Campground/Recreational Vehicle
(RV) Park N/A 1 per campsite N
Hotel or Motel 1 space per unit, plus 1 space for every 2 employees, plus
requirements for any other associated use 1 per bedroom and 2/1,000 sf common space ∆
OfficeOfficeOfficeOffice
Contractor Office N/A 3/1,000 sf N
Labor Organization N/A 2.5/1,000 sf N
Offices for Private Business and
Professional Activities
Office, General or Professional: 1 space for every 400 square feet of
gross floor space 2.5/1,000 sf
Personal ServicesPersonal ServicesPersonal ServicesPersonal Services
Dry Cleaning/Laundry Plant N/A 2.5/1,000 sf N
Personal Services, General Studios, Art & Photo: 1 per 400 sf GFA 2.5/1,000 sf
Retail SalesRetail SalesRetail SalesRetail Sales
Convenience Store
1 per 400 sf GFA
2.5/1,000 sf
Food Market 2.5/1,000 sf
Grocery Store 2.5/1,000 sf
Pharmacy 2.5/1,000 sf
Retail Nursery 2.5/1,000 sf
Retail Sales, Building and
Construction Supplies 2/1,000 sf ↓
Retail Sales, General 2.5/1,000 sf
Vehicle & Equipment Sales & Vehicle & Equipment Sales & Vehicle & Equipment Sales & Vehicle & Equipment Sales &
ServiceServiceServiceService
Boat Dealer N/A 3/1,000 sf indoor sales/leasing/office area N
Car Wash 1 space for every 2 employees on shift of greatest employment,
plus 1 space for the Manager, and spaces equal to 3 times the
capacity of the car wash
3 spaces for every one car the car wash can
accommodate at one time ↓
Equipment Rental and Leasing N/A 2/1,000 sf N
Farm Implement Sales N/A 2/1,000 sf N
Fuel Sales N/A 1.5/1,000 sf N
Mobile Home and Prefab Building
Sales N/A 2/1,000 sf N
Vehicle Rentals N/A 3/1,000 sf N
Vehicle Sales N/A 3/1,000 sf indoor sales/leasing/office area, plus 1 per
repair bay N
Vehicle Service Station, Large
Vehicles N/A 2.5/1,000 sf indoor office/waiting area, plus 1 per
repair bay N
Vehicle Service Station, Minor N/A 3/1,000 sf indoor office/waiting area, plus 1 per repair
bay N
Vehicle Service Station, Major N/A 3/1,000 sf indoor office/waiting area, plus 1 per repair
bay N
Vehicle Towing Service and Storage
Yard N/A 2/1,000 sf N
Industrial UsesIndustrial UsesIndustrial UsesIndustrial Uses
Design & Technology ServicesDesign & Technology ServicesDesign & Technology ServicesDesign & Technology Services
Broadcasting and Production
Studio N/A 2.5/1,000 sf N
Research and Development Facility N/A 2.5/1,000 sf N
Industry & ManufacturingIndustry & ManufacturingIndustry & ManufacturingIndustry & Manufacturing
Artisan Manufacturing N/A 2.5/1,000 sf N
311 Food Manufacturing311 Food Manufacturing311 Food Manufacturing311 Food Manufacturing
Industrial or Manufacturing Establishment or Warehouse: 1.5
spaces for every 2 employees on shift of greatest employment, 1
space for each managerial personnel, 1 visitor parking space for
every 10 managerial personnel, and 1 space for each vehicle used
directly in the conduct of business
1.5/1,000 sf ∆
312 Beverage & Tobacco Product 312 Beverage & Tobacco Product 312 Beverage & Tobacco Product 312 Beverage & Tobacco Product
ManufacturingManufacturingManufacturingManufacturing
313 313 313 313 Textile MillsTextile MillsTextile MillsTextile Mills
314 Textile Product Mills314 Textile Product Mills314 Textile Product Mills314 Textile Product Mills
315 Apparel Manufacturing315 Apparel Manufacturing315 Apparel Manufacturing315 Apparel Manufacturing
316 Leather and Allied Product 316 Leather and Allied Product 316 Leather and Allied Product 316 Leather and Allied Product
ManufacturingManufacturingManufacturingManufacturing
Planning Board - October 1, 2020
ITEM: 4 - 15 - 3
P a g e 4 | 4
∆ Method to determine minimum parking requirement has changed—impact on minimum parking requirements depends on specific project
↑ Minimum parking required has been increased
↓ Minimum parking required has been decreased
N New minimum parking requirement (not specified in current standards)
C Clarification of existing parking requirement
Minimum Minimum Minimum Minimum OffOffOffOff----Street ParkingStreet ParkingStreet ParkingStreet Parking Comparison SummaryComparison SummaryComparison SummaryComparison Summary
sf = square feet of gross floor area,sf = square feet of gross floor area,sf = square feet of gross floor area,sf = square feet of gross floor area, except except except except where otherwise specifiedwhere otherwise specifiedwhere otherwise specifiedwhere otherwise specified
du: dwelling unit; / = perdu: dwelling unit; / = perdu: dwelling unit; / = perdu: dwelling unit; / = per
UseUseUseUse Current StandardsCurrent StandardsCurrent StandardsCurrent Standards Amendment ConceptAmendment ConceptAmendment ConceptAmendment Concept
321 Wood Product Manufacturing321 Wood Product Manufacturing321 Wood Product Manufacturing321 Wood Product Manufacturing
322 Paper Manufacturing322 Paper Manufacturing322 Paper Manufacturing322 Paper Manufacturing
323 Printing & Related Support 323 Printing & Related Support 323 Printing & Related Support 323 Printing & Related Support
ActivitiesActivitiesActivitiesActivities
325 Chemical 325 Chemical 325 Chemical 325 Chemical ManufacturingManufacturingManufacturingManufacturing
326 Plastics & Rubber Products 326 Plastics & Rubber Products 326 Plastics & Rubber Products 326 Plastics & Rubber Products
ManufacturingManufacturingManufacturingManufacturing
327 Nonmetallic Mineral Product 327 Nonmetallic Mineral Product 327 Nonmetallic Mineral Product 327 Nonmetallic Mineral Product
ManufacturingManufacturingManufacturingManufacturing
331 Primary Metal Manufacturing331 Primary Metal Manufacturing331 Primary Metal Manufacturing331 Primary Metal Manufacturing
332 Fabricated Metal Product 332 Fabricated Metal Product 332 Fabricated Metal Product 332 Fabricated Metal Product
ManufacturingManufacturingManufacturingManufacturing
333 Machinery Manufacturing333 Machinery Manufacturing333 Machinery Manufacturing333 Machinery Manufacturing
334 Computer and 334 Computer and 334 Computer and 334 Computer and Electronic Electronic Electronic Electronic
Product ManufacturingProduct ManufacturingProduct ManufacturingProduct Manufacturing
335 Electrical Equipment, 335 Electrical Equipment, 335 Electrical Equipment, 335 Electrical Equipment,
Appliance, and Component Appliance, and Component Appliance, and Component Appliance, and Component
ManufacturingManufacturingManufacturingManufacturing
336 Transportation Equipment 336 Transportation Equipment 336 Transportation Equipment 336 Transportation Equipment
ManufacturingManufacturingManufacturingManufacturing
337 Furniture and Related Product 337 Furniture and Related Product 337 Furniture and Related Product 337 Furniture and Related Product
ManufacturingManufacturingManufacturingManufacturing
Intensive IndustryIntensive IndustryIntensive IndustryIntensive Industry
Intensive Intensive Intensive Intensive Manufacturing & Manufacturing & Manufacturing & Manufacturing &
ProcessingProcessingProcessingProcessing
Industrial or Manufacturing Establishment or Warehouse: 1.5
spaces for every 2 employees on shift of greatest employment, 1
space for each managerial personnel, 1 visitor parking space for
every 10 managerial personnel, and 1 space for each vehicle used
directly in the conduct of business
1.5/1,000 sf ∆
Other Intensive Industrial UsesOther Intensive Industrial UsesOther Intensive Industrial UsesOther Intensive Industrial Uses N/A No minimum C
Warehousing, Storage, & Wholesale Sales and DistributionWarehousing, Storage, & Wholesale Sales and DistributionWarehousing, Storage, & Wholesale Sales and DistributionWarehousing, Storage, & Wholesale Sales and Distribution
Dry Stack Boat Storage Facility,
Stand-Alone 1 space for every 4 dry docks 1 per 4 dry docks
Motor Freight Transportation
Warehousing N/A 2/1,000 sf N
Recreational Vehicle and Boat
Trailer Storage Lot N/A No minimum C
Warehousing N/A 1.5/1,000 sf N
Wholesaling N/A 1.5/1,000 sf N
Wholesaling Seafood with Water
Frontage N/A 1.5/1,000 sf N
Waste & SalvageWaste & SalvageWaste & SalvageWaste & Salvage
Commercial Recycling Facility,
Large Collection N/A 1.5/1,000 sf N
Commercial Recycling Facility,
Processing N/A 1.5/1,000 sf N
Commercial Recycling Facility,
Processing and Collection N/A 1.5/1,000 sf N
Commercial Recycling Facility,
Small Collection N/A 1 N
Landfill, Demolition N/A 1.5/1,000 sf office space N
Landfill, Landscape N/A 1.5/1,000 sf office space N
Junk Yards, Scrap Processing N/A 1.5/1,000 sf N
Septage, Sludge Disposal N/A 1.5/1,000 sf office space N
Planning Board - October 1, 2020
ITEM: 4 - 15 - 4
2020-09 Planning Board Draft-Parking and Loading
P a g e 1 | 21
Section 5.1 Parking and Loading
5.1.1 Purpose and Intent
The purposes of this section to ensure provision of off-street parking and loading
facilities in proportion to the generalized parking, loading, and transportation demand of
the different uses allowed by this Ordinance. The standards in this section are intended
to provide for adequate off-street parking while allowing the flexibility needed to
accommodate alternative solutions and to avoid excessive paved surface areas.
5.1.21 Applicability
A. Permanent off-street parking, as required in this section, shall be required in
the following situations:
1. At the time of erection of any building or structures;
2. When any principal building or structure is enlarged or increased in capacity
by adding dwelling units, guest rooms, floor area, or seats; and
3. Upon a change in use or occupancy type.
B. Off-street loading areas, as required in this section, are required whenever a
building is constructed that would be occupied by any manufacturing,
processing, assembly, wholesaling, retailing, laundering, dry cleaning, or
similar activity that requires the receiving or distribution by vehicles of material
or merchandise.
A. New Development
All new development shall provide off-street parking and loading areas in
accordance with the standards of this section.
B. Existing Development
1. Any change in use of existing development shall be accompanied by
provision of any additional off-street parking and loading spaces required
for the new use by this section, provided that additional off-street parking is
not required if the change in use results in fewer than five additional parking
spaces or less than a five percent increase in required parking spaces.
2. If an existing structure or use is expanded or enlarged (in terms of the
number of dwelling units, guest rooms, floor area, or seats), any additional
off-street parking and loading spaces that may be required shall be
provided in accordance with the requirements of this section as applied only
to the expanded or enlarged part of the structure or use.
5.1.3 Time of Review
Each application for a building permit shall include information about the location and
dimensions of off-street parking and loading spaces and the means of ingress and
egress to such spaces. Required off-street parking areas for three or more automobile
shall have individual spaces marked, and shall be designed, maintained, and regulated
so that no parking or maneuvering incidental to parking shall be on any public street,
walk, or alley, so that any automobile may be parked and unparked without moving
another.
Purpose statements are being removed as policy
intent is covered by the Comprehensive Plan.
Included in site plan requirements in Administrative Manual
Planning Board - October 1, 2020
ITEM: 4 - 16 - 1
2020-09 Planning Board Draft-Parking and Loading
P a g e 2 | 21
5.1.42 Minimum Off-Street Parking Standards
Off-street parking shall be provided in accordance with the standards outlined in Table
5.1.4: Off-Street Parking Standards. If an off-street parking standard for a specific use
is not included in the table, the Planning Director shall determine the minimum off-street
standards required, based upon the off-street parking standards for similar uses, if any,
established by Table 5.1.4, and this section.
A. Minimum Number of Off-Street Parking Spaces
Except as otherwise provided in Section 5.1.3.A, Alternative Parking Plans,
new development or a change in use or expansion shall provide the minimum
number of off-street parking spaces in accordance with Table 5.1.2.A:
Minimum Off-Street Parking, based on the principal use or uses on the site.
Interpretation of the off-street parking space standards for principal uses with
variable parking demands or unlisted principal uses shall be in accordance with
Section 5.1.3.B, Unlisted Uses, below.
Table 5.1.42.A: Minimum Off-Street Parking Standards
sf = square feet of gross floor area, except where otherwise specified;
du = dwelling unit; / = per
Use Required Off-Street Parking
Agricultural Uses
Agricultural and Forestry Uses, General No minimum
Livestock Sales No minimum
Stable No minimum
Wholesale Nursery No minimum
Residential Uses
Household Living
Dwelling, Dual-Unit Attached 2/du
Dwelling, Multi-Family 1.5/du with 1 bedroom;
2/du with 2+ bedrooms
Dwelling, Quadraplex 1.5/du with 1 bedroom;
2/du with 2+ bedrooms
Dwelling, Single-Family Detached 2/du
Dwelling, Triplex 1.5/du with 1 bedroom;
2/du with 2+ bedrooms
Dwelling, Row-Style 2/du
Dwelling, Two-Family (Duplex) 2/du
Live/Work or Caretaker Unit 2/du, in addition to parking provided for principal use
Mobile Home 2/du
Mobile Home, Doublewide 2/du
See attached
information
for
comparison
with current
standards.
Planning Board - October 1, 2020
ITEM: 4 - 16 - 2
2020-09 Planning Board Draft-Parking and Loading
P a g e 3 | 21
Table 5.1.42.A: Minimum Off-Street Parking Standards
sf = square feet of gross floor area, except where otherwise specified;
du = dwelling unit; / = per
Use Required Off-Street Parking
Mobile Home Park 2/du
Mobile Home Subdivision 2/du
Senior Living: Independent Living Retirement
Community 1.5/du plus 2/1,000 sf nonresidential space
Group Living
Family Care Home 2/du
Fraternity/Sorority Residence 1/single occupancy bedroom
2/double occupancy bedroom
Group Home Maximum of 2 plus 1/every 4 beds plus 2 for resident
supervisor(s)
Senior Living: Assisted Living Facility 1 per 3 beds
Senior Living: Continuing Care Retirement Community See Senior Living: Independent Living Retirement
Community and Senior Living: Assisted Living Facility
Civic and Institutional
Child and Adult Care
Adult Day Care 1 per 4 clients (per design capacity or state permit)
Child Care Center 1 per 10 children (per design capacity or state permit)
Family Child Care Home 1 space in addition to the 2/du required for the residential
use
Civic
Animal Shelter 2/1,000 sf
Community Center 2.5/1,000 sf
Library 2.5/1,000 sf
Lodges, Fraternal, & Social Organizations 3/1,000 sf
Museum 2.5/1,000 sf
Religious Assembly 1 per 5 seats in largest assembly area
Communication and Information Facilities
Amateur Radio Antennas (up to 90 ft.) No minimum
Antenna & Towers less than 70 ft. in Height & Ancillary
to the Principal Use No minimum
Collocation, Wireless No minimum
Planning Board - October 1, 2020
ITEM: 4 - 16 - 3
2020-09 Planning Board Draft-Parking and Loading
P a g e 4 | 21
Table 5.1.42.A: Minimum Off-Street Parking Standards
sf = square feet of gross floor area, except where otherwise specified;
du = dwelling unit; / = per
Use Required Off-Street Parking
Non-Substantial Modification No minimum
Other Wireless Communication Facilities including
Wireless Support Structures & Substantial
Modifications
No minimum
Educational Services
Colleges, Universities, and Professional Schools 2/1,000 sf classroom and research space, plus 1 per 6
seats in largest assembly area
Elementary and Secondary Schools
Kindergarten, Nursery, Elementary, and Junior High
School: 1 per 6 students per design capacity
High School: 1 per 4 students design capacity
Vocation or Trade School 3/1,000 sf
Government Services
Government Offices and Buildings 2.5/1,000 sf
Post Office 2.5/1,000 sf, plus 1 for each post office vehicle stored on
site
Health Care Facilities
Hospital 3.5/1,000 sf
Medical and Dental Office and Clinic 3.5/1,000 sf
Nursing and Rehabilitation Center 1 per 4 beds
Recreation, Parks, and Open Space
Boating Facility, Community 1 per boat slip
Boating Facility, Private Residential No minimum
Cemetery No minimum
Golf Course 2 spaces per hole
Park and Recreation Area No minimum
Transportation
Airport and Terminal No minimum
Bus and Taxi Terminal No minimum
Heliport No minimum
Marina, Commercial 1 per boat slip and 1 per 4 dry storage facilities
Marina, Commercial with Floating Structures 1 per boat slip, 1 per 4 dry storage facilities, and 2 per
floating structure
Railroad Freight Depot 2/1,000 sf office facilities
Planning Board - October 1, 2020
ITEM: 4 - 16 - 4
2020-09 Planning Board Draft-Parking and Loading
P a g e 5 | 21
Table 5.1.42.A: Minimum Off-Street Parking Standards
sf = square feet of gross floor area, except where otherwise specified;
du = dwelling unit; / = per
Use Required Off-Street Parking
Railroad Passenger Terminal 2/1,000 sf
Water Transportation Facilities Study required
Utilities
Electric Substation No minimum
Solar Energy Collection Facility 2/1,000 sf office facilities
Utility Lines, Structures, and/or Facilities; General 2/1,000 sf office facilities
Commercial Uses
Amusement & Entertainment Uses
Adult Entertainment Establishment 4/1,000 sf
Bar/Nightclub 6/1,000 sf seating area
Electronic Gaming Operation The greater of: 10/1,000 sf or 1 per 2 terminals/computers
Indoor Recreation Establishment Theaters or Indoor Stadiums: 1 per 5 seats
All other uses: 4/1,000 sf
Outdoor Recreation Establishment Stadium or Arena: 1 per 5 seats
All other uses: 4/1,000 sf activity area
Animal Services
Equestrian Facility No minimum
Kennel 4/1,000 sf
Veterinary Service 3/1,000 sf
Commercial Services
Bank and/or Financial Institution 3/1,000 sf
Business Service Center 3/1,000 sf
Commercial Parking Lot or Facility No minimum
Funeral Services 1 per 5 seats in assembly areas, plus 1 space per funeral
vehicle
Mini-Warehouse/Self-Storage 0.5/1,000 sf rentable storage area
Off-Premises Advertising No minimum
Repair Shop 3/1,000 sf
Planning Board - October 1, 2020
ITEM: 4 - 16 - 5
2020-09 Planning Board Draft-Parking and Loading
P a g e 6 | 21
Table 5.1.42.A: Minimum Off-Street Parking Standards
sf = square feet of gross floor area, except where otherwise specified;
du = dwelling unit; / = per
Use Required Off-Street Parking
Food and Drink
Restaurant 6/1,000 sf seating area
Lodging
Bed and Breakfast Inn 1 per bedroom and 2/1,000 sf common indoor space
Campground/Recreational Vehicle (RV) Park 1 per campsite
Hotel or Motel 1 per bedroom and 2/1,000 sf common indoor space
Office
Contractor Office 3/1,000 sf
Labor Organization 2.5/1,000 sf
Offices for Private Business and Professional Activities 2.5/1,000 sf
Personal Services
Dry Cleaning/Laundry Plant 2.5/1,000 sf
Personal Services, General 2.5/1,000 sf
Retail Sales
Convenience Store 2.5/1,000 sf
Food Market 2.5/1,000 sf
Grocery Store 2.5/1,000 sf
Pharmacy 2.5/1,000 sf
Retail Nursery 2.5/1,000 sf
Retail Sales, Building and Construction Supplies 2/1,000 sf
Retail Sales, General 2.5/1,000 sf
Vehicle & Equipment Sales & Service
Boat Dealer 3/1,000 sf indoor sales/leasing/office area
Car Wash 3 spaces for every one car the car wash can
accommodate at one time
Equipment Rental and Leasing 2/1,000 sf
Farm Implement Sales 2/1,000 sf
Fuel Sales 1.5/1,000 sf
Mobile Home and Prefab Building Sales 2/1,000 sf
Vehicle Rentals 3/1,000 sf
Vehicle Sales 3/1,000 sf indoor sales/leasing/office area, plus 1 per
repair bay
Vehicle Service Station, Large Vehicles 2.5/1,000 sf indoor office/waiting area, plus 1 per repair
bay
Planning Board - October 1, 2020
ITEM: 4 - 16 - 6
2020-09 Planning Board Draft-Parking and Loading
P a g e 7 | 21
Table 5.1.42.A: Minimum Off-Street Parking Standards
sf = square feet of gross floor area, except where otherwise specified;
du = dwelling unit; / = per
Use Required Off-Street Parking
Vehicle Service Station, Minor 3/1,000 sf indoor office/waiting area, plus 1 per repair bay
Vehicle Service Station, Major 3/1,000 sf indoor office/waiting area, plus 1 per repair bay
Vehicle Towing Service and Towing Yard 2/1,000 sf
Industrial Uses
Design & Technology Services
Broadcasting and Production Studio 2.5/1,000 sf
Research and Development Facility 2.5/1,000 sf
Industry & Manufacturing
Artisan Manufacturing 2.5/1,000 sf
311 Food Manufacturing 1.5/1,000 sf
312 Beverage & Tobacco Product Manufacturing 1.5/1,000 sf
313 Textile Mills 1.5/1,000 sf
314 Textile Product Mills 1.5/1,000 sf
315 Apparel Manufacturing 1.5/1,000 sf
316 Leather and Allied Product Manufacturing 1.5/1,000 sf
321 Wood Product Manufacturing 1.5/1,000 sf
322 Paper Manufacturing 1.5/1,000 sf
323 Printing & Related Support Activities 1.5/1,000 sf
325 Chemical Manufacturing 1.5/1,000 sf
326 Plastics & Rubber Products Manufacturing 1.5/1,000 sf
327 Nonmetallic Mineral Product Manufacturing 1.5/1,000 sf
331 Primary Metal Manufacturing 1.5/1,000 sf
332 Fabricated Metal Product Manufacturing 1.5/1,000 sf
333 Machinery Manufacturing 1.5/1,000 sf
334 Computer and Electronic Product Manufacturing 1.5/1,000 sf
335 Electrical Equipment, Appliance, and Component
Manufacturing 1.5/1,000 sf
336 Transportation Equipment Manufacturing 1.5/1,000 sf
337 Furniture and Related Product Manufacturing 1.5/1,000 sf
Intensive Industry
Intensive Manufacturing & Processing 1.5/1,000 sf
Other Intensive Industrial Uses No minimum
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Table 5.1.42.A: Minimum Off-Street Parking Standards
sf = square feet of gross floor area, except where otherwise specified;
du = dwelling unit; / = per
Use Required Off-Street Parking
Warehousing, Storage, & Wholesale Sales and Distribution
Dry Stack Boat Storage Facility, Stand-Alone 1 per 4 dry docks
Motor Freight Transportation Warehousing 2/1,000 sf
Recreational Vehicle and Boat Trailer Storage Lot No minimum
Warehousing 1.5/1,000 sf
Wholesaling 1.5/1,000 sf
Wholesaling Seafood with Water Frontage 1.5/1,000 sf
Waste & Salvage
Commercial Recycling Facility, Large Collection 1.5/1,000 sf
Commercial Recycling Facility, Processing 1.5/1,000 sf
Commercial Recycling Facility, Processing and
Collection 1.5/1,000 sf
Commercial Recycling Facility, Small Collection 1 space
Landfill, Demolition 1.5/1,000 sf office space
Landfill, Landscape 1.5/1,000 sf office space
Junk Yards, Scrap Processing 1.5/1,000 sf
Septage, Sludge Disposal 1.5/1,000 sf office space
Table 5.1.4: OffTable 5.1.4: OffTable 5.1.4: OffTable 5.1.4: Off----Street Parking StandardsStreet Parking StandardsStreet Parking StandardsStreet Parking Standards
UseUseUseUse Required OffRequired OffRequired OffRequired Off----Street ParkingStreet ParkingStreet ParkingStreet Parking
Dwelling, Single Family Detached or Dwelling, Single Family Detached or Dwelling, Single Family Detached or Dwelling, Single Family Detached or
TwoTwoTwoTwo----Family (Duplex)Family (Duplex)Family (Duplex)Family (Duplex) 2 spaces per dwelling unit located on the same lot as the residence
Dwelling, MultiDwelling, MultiDwelling, MultiDwelling, Multi----Family, Quadraplex, Family, Quadraplex, Family, Quadraplex, Family, Quadraplex,
Triplex, or Townhouse Triplex, or Townhouse Triplex, or Townhouse Triplex, or Townhouse
1.5 spaces per dwelling unit with 1 bedroom;
2 spaces per dwelling unit with 2+ bedrooms
Auditorium or TheaterAuditorium or TheaterAuditorium or TheaterAuditorium or Theater 1 space for every 4 seats in the largest assembly area
Banks and Financial Banks and Financial Banks and Financial Banks and Financial InstitutionsInstitutionsInstitutionsInstitutions 1 space for every 250 square feet of gross floor area; up to 2 stacking
spaces per drive-thru teller window may be credited to the minimum
Bowling AlleyBowling AlleyBowling AlleyBowling Alley 3 spaces per alley, plus parking spaces to meet the requirements for
any other use associated with the establishment (restaurant, etc.)
Car WashCar WashCar WashCar Wash
1 space for every 2 employees on shift of greatest employment, plus
1 space for the Manager, and spaces equal to 3 times the capacity of
the car wash
Child Care CenterChild Care CenterChild Care CenterChild Care Center 1 space for every 8 participants
Religious AssemblyReligious AssemblyReligious AssemblyReligious Assembly 1 space for every 4 seats in the sanctuary
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Table 5.1.4: OffTable 5.1.4: OffTable 5.1.4: OffTable 5.1.4: Off----Street Parking StandardsStreet Parking StandardsStreet Parking StandardsStreet Parking Standards
UseUseUseUse Required OffRequired OffRequired OffRequired Off----Street ParkingStreet ParkingStreet ParkingStreet Parking
Medical Dental Offices and ClinicsMedical Dental Offices and ClinicsMedical Dental Offices and ClinicsMedical Dental Offices and Clinics 4 spaces for each doctor, plus 1 space for each employee
Clubs, Public or Private, and associated Clubs, Public or Private, and associated Clubs, Public or Private, and associated Clubs, Public or Private, and associated
usesusesusesuses
1 space for every 100 square feet of gross floor area. Parking for any
associated use may be reduced by one-half of the spaces required, by
the Planning Director upon submission of adequate documentation.
Dry Stack Boat Storage Facility Dry Stack Boat Storage Facility Dry Stack Boat Storage Facility Dry Stack Boat Storage Facility 1 space for every 4 dry docks
Fraternity/Sorority Residence Fraternity/Sorority Residence Fraternity/Sorority Residence Fraternity/Sorority Residence 1 space for each resident occupant
Funeral Services Funeral Services Funeral Services Funeral Services 1 space for every 5 seats in the chapel or parlor, plus 1 space for each
funeral vehicle
Golf Course, Par 3, or Miniature Golf Golf Course, Par 3, or Miniature Golf Golf Course, Par 3, or Miniature Golf Golf Course, Par 3, or Miniature Golf
CourseCourseCourseCourse
3 spaces for every hole, plus requirements for any other associated
use (restaurant, etc.)
Group HomesGroup HomesGroup HomesGroup Homes Maximum of 2, plus 1 for every 4 beds and 2 per supervisor
Home Occupations (except medical Home Occupations (except medical Home Occupations (except medical Home Occupations (except medical
doctor, dentist office, & beauty salon)doctor, dentist office, & beauty salon)doctor, dentist office, & beauty salon)doctor, dentist office, & beauty salon) 2 spaces in addition to residential parking requirements
Home Occupations (medical doctor, Home Occupations (medical doctor, Home Occupations (medical doctor, Home Occupations (medical doctor,
dentist office, and beauty salon)dentist office, and beauty salon)dentist office, and beauty salon)dentist office, and beauty salon) 3 spaces in addition to residential parking requirements
Hotel/MotelHotel/MotelHotel/MotelHotel/Motel 1 space per unit, plus 1 space for every 2 employees, plus
requirements for any other associated use
Industrial or Manufacturing Industrial or Manufacturing Industrial or Manufacturing Industrial or Manufacturing
Establishment or WarehouseEstablishment or WarehouseEstablishment or WarehouseEstablishment or Warehouse
1.5 spaces for every 2 employees on shift of greatest employment, 1
space for each managerial personnel, 1 visitor parking space for every
10 managerial personnel, and 1 space for each vehicle used directly
in the conduct of business
Kindergarten or NurseryKindergarten or NurseryKindergarten or NurseryKindergarten or Nursery 2 spaces for each employee and 4 spaces for drive-in off-street drop-
off and pickup
Libraries and MuseumsLibraries and MuseumsLibraries and MuseumsLibraries and Museums 1 space for every 400 square feet of gross floor area
Nursing and Rehabilitation Center and Nursing and Rehabilitation Center and Nursing and Rehabilitation Center and Nursing and Rehabilitation Center and
Senior Living: Assisted Living Facility Senior Living: Assisted Living Facility Senior Living: Assisted Living Facility Senior Living: Assisted Living Facility
1 space for every 4 beds intended for patient use, plus 1 per employee
on the largest shift
Office, General or ProfessionalOffice, General or ProfessionalOffice, General or ProfessionalOffice, General or Professional 1 space for every 400 square feet of gross floor space
Restaurant or Place Dispensing Food, Restaurant or Place Dispensing Food, Restaurant or Place Dispensing Food, Restaurant or Place Dispensing Food,
Drink, or RefreshmentsDrink, or RefreshmentsDrink, or RefreshmentsDrink, or Refreshments 1 space for every 3 seats, plus 1 space for every 2 employees
Restaurant, DriveRestaurant, DriveRestaurant, DriveRestaurant, Drive----inininin 1 space for every 3 seats, plus a minimum of 15 spaces for drive-in
service and 1 space for every 2 employees
Retail Use (unless otherwise specified)Retail Use (unless otherwise specified)Retail Use (unless otherwise specified)Retail Use (unless otherwise specified) 1 space for every 400 square feet of gross floor area
Schools, Elementary and Junior High Schools, Elementary and Junior High Schools, Elementary and Junior High Schools, Elementary and Junior High
SchoolSchoolSchoolSchool
1 space for each classroom and administrative office, plus 10
additional spaces
Schools, Senior HighSchools, Senior HighSchools, Senior HighSchools, Senior High 1 space for every 10 students for which the building was designed,
plus 1 space for each classroom and administrative office
Stadium or ArenaStadium or ArenaStadium or ArenaStadium or Arena 1 space for every 4 spectator seats
Studios, Art & PhotoStudios, Art & PhotoStudios, Art & PhotoStudios, Art & Photo 1 space for every 400 square feet of gross floor area
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B. Unlisted Uses
An applicant proposing to develop a principal use that is unlisted in Table
5.1.5.A: Minimum Off-Street Parking, shall propose the amount of required
parking by one of the three methods outlined in this subsection. On receiving
the application proposing to develop a principal use not expressly listed in
Table 5.1.5.A, the Planning Director shall:
1. Apply the minimum off-street parking space requirement specified in Table
5.1.5.A for the listed use that is deemed most similar to the proposed use;
2. Establish the minimum off-street parking space requirement by reference to
standard parking resources published by the Institute for Transportation
Engineers (ITE), Urban Land Institute (ULI), National Parking Association,
or the American Planning Association; or
3. Require the applicant to conduct a parking demand study to demonstrate
the appropriate minimum off-street parking space requirement. The study
shall estimate parking demand based on the recommendations of the ITE,
ULI, or another acceptable source of parking demand data. This demand
study shall include relevant data collected from uses or combinations of
uses that are the same or comparable to the proposed use in terms of
density, scale, bulk, area, type of activity, and location.
C. Mixed Use Development
1. An applicant for a development containing more than one use may
calculate reduced minimum parking requirements based on the potential to
share parking between uses. The provisions of this subsection C shall not
limit the opportunity for an applicant to reduce the minimum number of off-
street parking spaces through approval of an alternative parking plan in
accordance with Section 5.1.3, Alternative Parking Plans or other
provisions of this Ordinance.
2. The following methodology shall be used to calculate the required parking:
a. The applicant shall determine the minimum parking required for each
component use in the development in accordance with Table 5.1.2.A:
Minimum Off-Street Parking.
b. The applicant shall apply the time-of-day demand factors for each
component use in accordance with Table 5.1.2.C: Shared Parking
Time-of-Day Parking Ratios.
c. The applicant shall calculate the sum of each column in the resulting
table (rounding up all fractions). These sums represent the total
estimated shared demand for each time period throughout a typical day.
d. The highest of the sums of the columns shall be used as the minimum
amount of parking required for the development.
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Table 5.1.2.C: Shared Parking Time-of-Day Parking Ratios
Use Classification, Category or Type
Weekday Weekend
2 am to
7 am
7 am to
6 pm
6 pm to
2 am
2 am to
7 am
7 am to
6 pm
6 pm to
2 am
Residential 100% 60% 100% 100% 80% 100%
Child care center 0% 100% 40% 0% 80% 20%
Office 20% 100% 20% 5% 10% 0%
Hotel or motel 100% 60% 100% 100% 60% 100%
Personal services 20% 100% 40% 0% 60% 0%
Entertainment venues (e.g. theaters) 0% 40% 100% 0% 60% 100%
Retail sales 0% 100% 80% 0% 100% 60%
All other uses 100% 100% 100% 100% 100% 100%
5.1.63 Alternative Parking Plans
The Planning Director may approve an alternate parking plan that proposes alternatives
to providing the number of off-street parking spaces required on a site by Section 5.1.2,
Minimum Off-Street Parking Standards, in accordance with the following methods and
standards.
A. Parking Demand Study
An applicant may demonstrate that the appropriate minimum off-street parking
space requirement for their project is different from the standards outlined in
Section 5.1.2, Minimum Off-Street Parking Standards by conducting a parking
demand study prepared by a professional engineer. Such a study must
illustrate that the minimum parking requirements outlined in Table 5.1.2.A do
not accurately apply to a specific development proposal and meet the following
requirements:
1. The data submitted must include, at minimum, the size and type of the
proposed development, the mix of uses, the anticipated rate of parking
turnover, and the anticipated peak parking and traffic loads of all uses; and
2. The data must be obtained either from relevant studies published in
referenced journals or other secondary source of comparable authority; or
from primary studies of no fewer than 3 comparable developments within
the regional or comparable market.
B. Shared Off-Site Parking
1. The required parking spaces for any number of separate uses may be
combined in one lot, but the required space assigned to one use may not
be assigned to another use, except that one-half of the parking spaces
required for churches, theaters, or assembly halls whose peak attendance
will be at night or on Sundays may be assigned to a use that will be closed
at night and on Sundays.
2. In the case of dual uses on the same property, when the use of the property
is by private membership, the parking requirement for the lesser of the two
associated uses within the facility shall be reduced by one-half.
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1. Location
a. The lot in which the parking spaces are located shall be within 660
feet of the primary pedestrian entrances to the uses shared by the
parking, measured by the actual distance via a pedestrian walkway
from the shared parking area to the primary pedestrian entrances, not
a straight-line, point-to-point distance.
b. Shared parking spaces shall not be separated from the use they serve
by an arterial street unless pedestrian access across the arterial street
is provided by appropriate traffic controls (e.g. signalized crosswalk)
or a separated pedestrian walkway (such as a bridge or tunnel).
2. Pedestrian Access
Adequate and safe pedestrian access shall be provided between the
shared parking areas and the primary entrances to the uses served by the
parking, by a walkway protected by a landscape buffer or by a curb
separation and elevation from the street grade.
3. Signage
Signage complying with the standards of Section 5.6, Signs, shall be
provided to the public to the shared parking spaces.
4. Justification
The alternative parking plan shall include justification of the feasibility of
shared parking among the proposed uses. Such justification shall address,
at a minimum, the size and type of the uses proposed to share off-street
parking spaces, the composition of their tenants, the types and hours of
their operations, the anticipated peak parking and traffic demands they
generate, and the anticipated rate of turnover in parking space use. The
methodology for mixed-use shared parking in Section 5.1.2.C, Mixed-Use
Development, may be used to calculate the proposed reduction in required
off-street parking.
5. Shared Parking Agreement
a. An approved shared parking arrangement shall be enforced through
written agreement among all the owners or long-term lessees of lands
containing the uses proposed to share off-street parking spaces.
b. The agreement shall provide all parties the right to joint use of the
shared parking area and shall ensure that as long as the off-site
parking is needed to comply with this Ordinance, land containing
either the off-site parking area or the served use will not be
transferred except in conjunction with the transfer of land containing
the other.
c. The agreement shall state that no party can cancel the agreement
without first sending notice via certified mail to the Planning Director,
at least 30 days prior to the termination of the agreement.
d. The agreement shall be submitted to the Planning Director for review
and approval before execution.
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e. An attested copy of an approved an executed agreement shall be
recorded with the Register of Deeds before issuance of a building
permit for any use to be served by the shared parking area.
f. The agreement shall be considered a restriction running with the land
and shall bind the heirs, successors, and assigns of the landowner.
g. A violation of the agreement shall constitute a violation of this
Ordinance, which may be enforced in accordance with Article 12:
Violations and Enforcement.
h. No use served by the shared parking arrangement may be continued
if the shared parking becomes available to the use permanently or for
longer than 30 days, unless substitute off-street parking spaces are
provided in accordance with this section.
C. Remote Parking
If the off-street parking space required by this section cannot be reasonably
provided on the same lot on which the principal use is located, the parking
spaces may be provided on any non-residential zoned land within 400 feet of
the main entrance to the principal use the parking may be provided off-site,
provided an alternative parking plan that complies with the standards of
subsection B.1 through B.5 above are met for the off-site parking.
D. Deferred Parking
An alternative parking plan may propose to defer construction of up to 25
percent of the number of off-street parking spaces required by Table 5.1.2.A:
Minimum Off-Street Parking, in accordance with the following standards:
1. Justification
The alternative parking plan shall include a study demonstrating that
because of the location, nature, or mix of uses, there is a reasonable
probability the number of parking spaces actually needed to serve the
development is less than the minimum required by Table 5.1.2.A: Minimum
Off-Street Parking.
2. Reserve Parking Plan
The alternative parking plan shall include a reserve parking plan identifying
the amount of off-street parking being deferred and the location of the area
to be reserved for future parking, if future parking is needed.
3. Parking Demand Study
a. The alternative parking plan shall provide assurance that within 24
months after the initial certificate of occupancy is issued for the
proposed development, an off-street parking demand study
evaluating the adequacy of the existing parking spaces in meeting
the off-street parking demand generated by the development will be
submitted to the Planning Director. However, if the Planning
Director determines that additional time beyond 24 months is
needed to determine whether the supply of parking is adequate to
meet demand, the Planning Director has discretion to delay the
preparation of the parking study for up to 24 additional months.
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b. If the Planning Director determines that the study demonstrates the
existing parking is adequate, then construction of the remaining
number of parking spaces shall not be required. If the Planning
Director determines the study indicates additional parking is
needed, such parking shall be provided consistent with the reserve
parking plan and the standards of this section.
4. Use of Reserve Areas
Areas reserved for future parking shall be brought to the finished grade and
landscaped with an appropriate ground cover. These areas shall not be used
for buildings, storage, loading, or other purposes except for temporary
overflow parking, provided such use is sufficiently infrequent to ensure
maintenance of its ground cover in a healthy condition.
E. Valet and Tandem Parking
An alternative parking plan may propose to use valet and tandem parking to
meet a portion of the minimum number of off-street parking spaces required for
commercial uses in accordance with the following standards:
1. Number of Valet or Tandem Spaces
A maximum of 35 percent of the total number of parking spaces provided
may be designated for valet or tandem spaces except for restaurants,
where up to 50 percent of spaces may be designated for valet parking, and
hotels, where up to 60 percent of parking spaces may be designated for
valet parking.
2. Drop-Off and Pick-Up Areas
The development shall provide a designated drop-off and pick-up area.
The drop-off and pick-up area may be located adjacent to the building
served, but shall not be located in a fire lane or where its use would impede
vehicular and/or pedestrian circulation, cause queuing in a public street, or
impede an internal drive aisle serving the development. Drop-off and pick-
up areas shall not be allowed to use sidewalks for any stationing of
vehicles.
3. Valet or Tandem Parking Agreement
a. Valet or tandem parking may be established and managed only in
accordance with a valet or tandem parking agreement. The
agreement shall be for a minimum of 10 years, and include
provisions ensuring that a valet parking attendant will be on duty
during hours of operation of the uses served by the valet parking.
b. The agreement shall be submitted to the Planning Director for
review and approval before execution.
c. An attested copy of an approved and executed agreement shall be
recorded with the Register of Deeds before issuance of a building
permit for any use to be served by the valet or tandem parking.
d. The agreement shall be considered a restriction running with the
land and shall bind the heirs, successors, and assigns of the
landowner.
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e. A violation of the agreement shall constitute a violation of this
Ordinance, which may be enforced in accordance with Article 12:
Violation and Enforcement.
f. No use served by valet or tandem parking may be continued if the
valet or tandem service becomes unavailable permanently or for
more than 30 days, unless substitute off-street parking spaces are
provided in accordance with this section.
F. Water Vehicle Parking
Water vehicle parking may be used to meet up to ten percent of the required off-
street parking requirements for commercial establishments located on or along
navigable waters. If water vehicle spaces are provided, a minimum of two boat slips
shall be required. Water vehicle parking is exempt from the requirements in Sections
5.1.4.A and 5.1.4.B below.
5.1.54 Off-Street Parking Design Standards
A. General Standards
All parking, loading, and service areas shall be separated from walkways,
sidewalks, and streets by curbing or other suitable protective devices to
prevent vehicles from intruding into these areas.
B. Automotive Vehicle Parking Areas
1. Off-street parking for automotive vehicles may be provided on graded,
improved open space or in elevated parking structures.
2. Non-residential parking areas shall be set back a minimum of eight feet
from any street right-of-way line (public or private), access easement, or
passageway.
3. Parking lots shall be landscaped in accordance with the requirements of
Section 5.4.6, Parking Lots
4. Required off-street parking areas for three or more automotive vehicles
shall have individual spaces marked, and shall be designed, maintained,
and regulated so that no parking or maneuvering incidental to parking shall
be on any public street, walk, or alley, and so that any automobile may be
parked and unparked without moving another.
5. A standard parking space shall have a minimum width of eight and one-half
feet, and a minimum length of 18 feet. Larger spaces may be designated
provided the minimum required spaces for the use(s) served are met.
6. Parking spaces for small vehicles may be designated provided that these
spaces do not occupy more than 25 percent of the total number required.
Small parking spaces shall have a minimum width of eight feet and a
minimum length of 16 feet, and shall be identified by proper signage.
7. Elevated parking structures may be permitted in residential districts, B-1, B-
2, and O&I districts with a special use permit issued in accordance with
Section 10.3.5: Special Use Permit.
Current
5.1.6.C
See
proposed
5.1.4.B.8
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C. Water Vehicle Parking
1. Water vehicle parking spaces shall have a minimum width of 10 feet and a
minimum length of 16 feet, and shall be identified by proper signage.
2. Space adjacent to a floating dock shall have a minimum length of 16 feet.
D. Loading Areas
Each loading space shall be at least ten feet in width, 25 feet in length, and
shall have a height clearance of at least 14 feet.
A. Surfacing
1. Except as provided in subsections 2 and 3 below, off-street parking and
loading areas for all uses other than single-family detached, two-family, and
dual unit dwellings shall be surfaced with asphalt, concrete, brick, stone,
pavers, or an equivalent hard, dustless, and bonded surface material. Use
of surfacing that includes recycled materials (e.g. glass, rubber, used
asphalt, brick, block, and concrete) is encouraged. These surfaces shall be
maintained in a smooth, well-graded, clean, orderly, and dust-free
condition.
2. Intermittent, temporary, or overflow parking spaces, along with parking
areas for Agricultural and Recreation, Parks, and Open Space uses are
exempt from the surfacing requirements outlined in subsection 1 along as
parking areas are brought to the finished grade and landscaped with an
appropriate ground cover maintained in a healthy condition or gravel
maintained in a dust-free condition.
3. The use of pervious or semi-pervious parking lot surfacing materials,
including, but not limited to pervious asphalt and concrete, open joint
pavers, and reinforced grass/gravel/shell grids may be approved for off-
street parking and loading areas, provided such surfacing is subject to an
on-going maintenance program (e.g., sweeping, annual vacuuming). Any
pervious or semi-pervious surfacing used for aisles within or driveways to
parking and loading areas shall be certified as capable of accommodating
anticipated traffic loading stresses and maintenance impacts.
B. Design Standards
1. Required off-street parking area for three or more automobiles shall have
individual spaces makred, and shall be designed, maintained, and
regulated so that no parking or maneuvering incidental to parking shall be
on any public street, walk, or alley, so that any automobile may be parked
and unparked without moving another, except as required for valet and
tandem parking in accordance with Section 5.1.3.E, Valet and Tandem
Parking.
2. All parking, loading, and service areas shall be separated from abutting
walkways, sidewalks, streets, and required landscaped areas by curbing or
other suitable protective devices to ensure vehicles do not intrude into
these areas.
3. Off-street parking areas serving nonresidential uses or mixed-use
development shall be set back a minimum of eight feet from any street
right-of-way line (public or private), access easement, or passageway.
See
proposed
5.1.4.C
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4. Parking lots shall be landscaped in accordance with Section 5.4.5, Parking
Lots.
5. Parking lot illumination shall comply with Section 5.5, Exterior Lighting.
6. One-way and two-way accessways into required parking facilities shall be
identified by directional arrows. Any two-way accessway located at any
angle other than 90 degrees to a street shall be marked with a traffic
separation stripe running the length of the access. This requirement does
not apply to parking lot drive aisles.
7. All automotive vehicle parking spaces and aisles shall comply with the
standards in Table 5.1.4.B: Dimensional Standards for Parking Spaces and
Aisles.
Table 5.1.4.B: Dimensional Standards for Parking Spaces and Aisles [1] [2]
Parking Angle
(degrees) Stall Width (ft)
Stall Depth
Perpendicular to
Curb (ft)
Aisle Width [3]
One-way/Two-way
Stall Length
Along Curb (ft)
A B C D E
0 8 8 20/22 22
45 9 19 20/22 13
60 9 20 20/22 10.5
90 9 18 22/22 9
[1] Refer to Figure 5.1.4.B below for illustrations showing how dimensions for parking spaces and
aisles in various configurations are measured.
[2] Dimensional standards may be modified by the Planning Director for ramped, elevated parking
structures to ensure adequate room for parking and maneuvering vehicles is provided.
[3] One-way aisle width may be reduced to a minimum of 11 ft. for 0 degree angled parking; 12 ft. for 45
degree angled parking; and 15 ft. for 60 degree angled parking if not designed to be used for fire access
and approved by New Hanover County Fire Services.
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Figure 5.1.4.B: Measurement of Parking Space and Aisle Dimensions
8. The dimensions of parking spaces may be reduced in accordance with the
following:
a. Up to 25 percent of parking spaces may be designated for compact
vehicles. Such spaces shall have a minimum width of eight feet and a
minimum length of 16 feet, and shall be identified by proper signage.
b. Parking spaces used for tandem parking (See Section 5.1.4.E, Valet or
Tandem Parking) may be reduced to a width of eight feet and a length
of 18 feet.
c. Elevated parking structures (i.e., parking garages) may be permitted in
residential districts with a special use permit issued in accordance with
Section 10.3.5: Special Use Permit. They are permitted by-right in the
B-1, CB, B-2, O&I, and AC districts.
C. Water Vehicle Parking
1. Water vehicle parking spaces shall have a minimum width of 10 feet and a
minimum length of 16 feet, and shall be identified by proper signage.
2. Space adjacent to a floating dock shall have a minimum length of 16 feet.
5.1.75 Loading Areas
For any site where off-street loading is required, a minimum of one off-street loading
space shall be required, with an additional space required for every 20,000 square feet,
or fraction thereof, of gross floor space in excess of 10,000 square feet.
A. Minimum Number of Off-Street Loading Berths
1. Any new development involving the routine vehicular delivery or shipping of
goods, supplies, or equipment to or from the development shall provide a
sufficient number of off-street loading berths to accommodate the delivery
Current
5.1.5.B.6
Provisions for
residential districts
are current
5.1.5.B.7
Current
5.1.5.C
Planning Board - October 1, 2020
ITEM: 4 - 16 - 18
2020-09 Planning Board Draft-Parking and Loading
P a g e 19 | 21
and shipping operations of the development’s uses in a safe and
convenient manner.
2. The minimum number of loading berths for different principal uses are set
forth in Table 5.1.5: Minimum Number of Off-Street Loading Berths; for
proposed uses not listed in Table 5.1.5, the requirement for a use most
similar to the proposed use shall apply.
3. The Planning Director may approve a reduction to the number of loading
berths required for the use if the applicant demonstrates that the
appropriate minimum loading berth requirement for their project is different
from the standards outlined in Table 5.1.5, Minimum Number of Off-Street
Loading Berths by submitting relevant data obtained either from relevant
studies published in referenced journals or other secondary source of
comparable authority; or from primary studies of no fewer than 3
comparable developments within the regional or comparable market.
Table 5.1.5: Minimum Number of Off-Street Loading Berths
Principal Use
Classification/Category
Size
(dwelling units or gross floor area)
Minimum Number of
Loading Berths
Non-Industrial Uses
Household Living Uses (Multi-
family only) and Group Living
Uses
Between 100 and 300 dwelling units, and 1
Each additional 200 dwelling units or
major fraction thereof Add 1
Health Care Uses, Commercial
Services Uses, Office Uses,
Personal Services Uses, and
Visitor Accommodations uses
(Hotel or Motel only)
At least 10,000 up to 100,000 sf, and 1
Each additional 100,000 sf or major
fraction thereof Add 1
Commercial Uses not listed
elsewhere
At least 2,000 but less than 20,000 sf 1
At least 20,000 but less than 60,000 sf 2
Each additional 60,000 sf or major fraction
thereof Add 1
Industrial Uses
All Industrial Uses
Up to 25,000 sf 1
At least 25,000 but less than 40,000 sf 2
At least 40,000 but less than 100,000 sf 3
At least 100,000 but less than 160,000 sf 4
Planning Board - October 1, 2020
ITEM: 4 - 16 - 19
2020-09 Planning Board Draft-Parking and Loading
P a g e 20 | 21
Table 5.1.5: Minimum Number of Off-Street Loading Berths
Principal Use
Classification/Category
Size
(dwelling units or gross floor area)
Minimum Number of
Loading Berths
At least 160,000 but less than 240,000 sf 5
At least 240,000 but less than 320,000 sf 6
At least 320,000 but less than 400,000 sf,
and 7
Each additional 90,000 sf or major fraction
thereof Add 1
B. Dimensional Standards
1. Each loading berth shall be of sufficient size to accommodate the types of
vehicles likely to use the loading area.
2. The minimum loading berth size that presumptively satisfies loading berth
needs is at least 12 feet wide and 45 feet long in general industrial,
distribution, or warehousing uses, with at least 15 feet vertical clearance.
For all other uses, a berth as short as 33 feet may be allowed.
3. The Planning Director may require a larger loading berth or allow a smaller
loading berth on determining that the characteristics of the particular
development warrant such increase or reduction.
C. Location of Loading Areas
1. To the maximum extent practicable, loading areas should be located to the
rear of the use they serve.
2. Loading areas should be located adjacent to the building’s loading doors, in
an area that promotes their practical use.
3. Loading areas should be located and designed so vehicles using them can
maneuver safely and conveniently to them from a public street and
complete loading entirely within the site, without obstructing or interfering
with any parking space, parking lot aisle, or public right-of-way, unless
approved as part of a Master Development Plan or conditional rezoning
(e.g., for a mixed-use development project with internal streets).
Planning Board - October 1, 2020
ITEM: 4 - 16 - 20
2020-09 Planning Board Draft-Parking and Loading
P a g e 21 | 21
Section 6.2 Design Standards
6.2.2 Specific Standards
A. Minimum Requirements
14. Mailbox Kiosks
Cluster-style mailbox kiosks shall be provided as required by the U.S.
Postal Service. A paved area with ingress/egress to allow vehicles to pull
off, park, and re-enter the roadway safely shall be required for each kiosk
area. Kiosks shall be located in areas that will best allow for vehicle
parking, which shall be designed so as not to create pedestrian or vehicle
safety issues.
Planning Board - October 1, 2020
ITEM: 4 - 16 - 21
New Uses and Consistent Standards
Code Sections
Affected
Section 2.1,
Measurements
Section 2.3,
Definitions and
Terms
Section 3.1.3,
Superseding
Dimensional
Standards
Section 3.2.10,
Residential 7 (R-7)
District
Section 3.3.7,
Planned
Development (PD)
District
Section 4.2.1,
Principal Use
Permissions
Section 4.3,
Standards for
Specified Principal
Uses
Section 4.4,
Accessory Use and
Structure Standards
Section 4.5,
Temporary Use
Standards
Section 5.1, Parking
and Loading
Key Intent
• Establish clear permissions and standards, if applicable, for uses that are
possible within the county’s planning jurisdiction
• Ensure permissions and standards are consistently applied to similar uses and
zoning districts
• Remove use-specific or district-specific standards that are already included in
another section of the ordinance to reduce the potential for conflicts
Changes
• Building separation standards intended to be consistent with the North
Carolina Building Code have been updated to remove an inconsistency
and clarify that increased separation requirements do not apply to homes
that conform to the NC Building Code’s residential guidelines. (See
Section 2.1, Measurements, Section 3.1.3, Superseding Dimensional
Standards; and Section 3.3.7, Planned Development (PD) District)
• Definitions are outlined for each new use proposed for the ordinance.
(See Section 2.3, Definitions and Terms)
• District-specific standards have been removed from the R-7 district, as
they are either inconsistent with provisions for other similar districts or are
included elsewhere in the ordinance. (See Section 3.2.10, Residential 7 (R-
7) District)
• New uses, references to new standards, and new permissions to
Principal, Accessory, and Temporary Use Tables. (See Table 4.2.1:
Principal Use Table; Section 4.4, Accessory Use and Structure Standards;
Section 4.5, Temporary Use Standards; For more information on these
changes, see attached New Uses, Clarified Uses, Consistent Permissions,
and Consistent Standards Summary Sheets)
• Use-specific standards are applied in new districts similar to the districts
where the standards currently apply. (See Section 4.3, Standards for
Specified Principal Uses and attached Consistent Standards Summary
Sheets)
• Use-specific standards regarding lighting, buffering, etc. included
elsewhere in the ordinance have been removed. (See Section 4.3,
Standards for Specified Principal Uses)
• Use-specific standards have been added for new uses where needed.
(See Section 4.3, Standards for Specified Principal Uses and attached New
Uses and Clarified Uses Summary Sheets)
• Parking standards are outlined for all new principal uses. (See Section 5.1,
Parking and Loading)
The amendment also clarifies some existing definitions and standards.
Planning Board - October 1, 2020
ITEM: 4 - 17 - 1
P a g e 1 | 2
New Uses Summary Sheet
PROPOSED NEW PRINCIPAL USES
New UseNew UseNew UseNew Use
Zoning DistrictZoning DistrictZoning DistrictZoning District RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Food Pantry P* P*
Community Garden P P P P P P P P P P P P P P P P P P P P P P P
Commercial Kitchen, Catering P P P P P
Data Center P P P P
New Use Definition & Standards (in italics)
Food Pantry
A facility where stocks of food and personal care items, typically basic provisions and nonperishable items, are
supplied free of charge to people in need. This use does not include food pantry as an accessory use to a Religious
Assembly principal use, nor does it include incidental structures commonly referred to as Little Free Pantries.
Standards:
• Any areas utilized for waiting or dining shall be incidental in nature and entirely located indoors.
Community Garden
An area managed and maintained by a group of individuals to grow and harvest fruits, flowers, vegetables, or
ornamental plants for personal or group consumption, for donation, or for incidental sale.
Commercial Kitchen,
Catering
A facility or area for the preparation of food and storage of and food utensils for off-premise consumption and
service.
Data Center
An establishment primarily engaged in providing infrastructure (e.g., computer systems and associated components
such as telecommunications and storage systems) for data processing and storage, web hosting, application hosting,
streaming services, and related services.
Planning Board - October 1, 2020
ITEM: 4 - 18 - 1
P a g e 2 | 2
PROPOSED NEW ACCESSORY USES
New UseNew UseNew UseNew Use
Zoning DistrictZoning DistrictZoning DistrictZoning District RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Electric Vehicle Charging Station P P P P P P P P P P P P P P P P P P P P P P P
Solar Energy Collection Facility,
Accessory P P P P P P P P P P P P P P P P P P P P P P P
Wind Energy Collection Facility,
Accessory P P P P P P P P P P P P P P P P P P P P P P P
New Use Definition & Standards (in italics)
Electric Vehicle Charging
Station
A vehicle parking space served by an electrical component assembly or cluster of component assemblies (battery
charging station) designed and intended to transfer electric energy by conductive or inductive means from the electric
grid or other off-board electrical source to a battery or other energy storage device within a vehicle that operates,
partially or exclusively, on electric energy.
Solar Energy Collection
Facility, Accessory
A facility designed to meet energy demands for the principal use of the property on which the collection facility is
located, and consisting of solar panels, modules, and related equipment (e.g., heat exchanger, pipes, inverter, wiring,
storage) that collects solar radiation and transfers it as heat to a carrier fluid for use in hot water heating or space
heating and cooling, and/or that collects energy and converts it into electricity. A solar energy collection facility
intended to serve the energy needs of a use or uses beyond the property on which the collection facility is located
shall constitute a “Solar Energy Collection Facility” principal use.
Standards:
• Roof-mounted solar energy collection facilities shall not extend beyond the exterior perimeter or beyond the
roof peak of the building on which the collection facility is mounted or built.
• Ground-mounted solar energy collection facilities shall meet the minimum requirements for accessory
structures.
Wind Energy Collection
Facility, Accessory
An alternate energy device which converts wind energy by means of a rotor to mechanical or electrical energy to
serve the energy needs of the principal use of the property on which the collection facility is located. A wind
generator may also be deemed a windmill. A wind energy collection facility intended to serve the energy needs of a
use or uses beyond the property on which the collection facility is located shall constitute an “Electricity Generating
Facilities” principal use.
Standards:
• No equipment shall exceed the maximum height permitted in the zoning district.
• All equipment, including foundation, turbines, and guy wires, shall meet the minimum required setbacks for
the principal structure, and no ground-mounted wind energy collection facility shall be allowed within any
portion of a front yard.
• In the case of ground-mounted wind energy collection facilities, such facilities shall be setback from all
adjoining property lines a distance equal to the height of the facility.
• An applicant shall provide proof of an automatic braking, governing, or feathering system to prevent
uncontrolled rotation, over speeding, or excessive pressure on the wind energy collection facility, including
rotor blades and turbine components.
• The operator of a wind energy collection facility shall maintain general liability insurance coverage for the
installation and operation of the facility under a standard homeowner’s or standard business owner’s
insurance policy, separate and distinct from any insurance requirements of a public utility.
PROPOSED NEW TEMPORARY USES
New UseNew UseNew UseNew Use
Zoning DistrictZoning DistrictZoning DistrictZoning District RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Temporary Emergency Services
Facility P P P P P P P P P P P P P P P P P P P P P P P
Temporary Family Healthcare
Structure P P P P P P P P P P P P P P P P P P P P P P P
New Use Definition
Temporary Emergency
Services Facility
A temporary establishment for the provision of emergency services, such as fire, rescue and emergency medical
services, and associated emergency preparedness, emergency management, or disaster management activities.
Temporary Family
Healthcare Structure
A transportable residential structure accessory to a principal dwelling, not on a permanent foundation, providing an
environment facilitating a caregiver’s provision of care for a mentally or physically impaired person, that is primarily
assembled at a location other than its site of installation and complies with applicable provisions of the State Building
Code and GS 143-139.1(b).
Planning Board - October 1, 2020
ITEM: 4 - 18 - 2
P a g e 1 | 2
CLARIFIED USES SUMMARY SHEET
PROPOSED PRINCIPAL USE CLARIFICATIONS
Clarified UseClarified UseClarified UseClarified Use
Zoning DistrictZoning DistrictZoning DistrictZoning District RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Civic & InstitutionalCivic & InstitutionalCivic & InstitutionalCivic & Institutional UsesUsesUsesUses
Government Government Government Government ServicesServicesServicesServices
Government Offices and
Buildings S P S S S S S P P P P P P P P P P P P P P P P
Emergency Services Facility P P P P P P P P P P P P P P P P P P P P P P P
Emergency Services Facility: An establishment for the provision of emergency services, such as fire, rescue and emergency medical service, and
associated emergency preparedness, emergency management, or disaster management activities.
Note: Emergency Service Facilities most closely fall within the Government Offices and Buildings existing use, which includes a range of uses, from
administrative offices and vehicle registration offices to fire stations and emergency management buildings. This clarification recognizes this difference
and relaxed permissions in residential districts makes it easier for these facilities to locate closer to the areas they serve
Health Care FacilitiesHealth Care FacilitiesHealth Care FacilitiesHealth Care Facilities
Hospital S S S* S* S* S P P P P
Hospice S S S S S P P P P P P P P P
Urgent Care Facility P* P* P* P* P* P*
Hospice: A licensed hospice facility which provides palliative care and supportive medical and other health services to meet the physical, psychological,
social, spiritual, and special needs of terminally ill patients and their families in a group residential setting
Urgent Care Facility: A facility that provides emergency medical services with no provision for continuing care on an inpatient basis. Such
establishments generally have a wider range of business hours than medical and/or dental offices and/or clinics, serve primarily drop-in patients, and
may include accessory uses such as heliports
Urgent Care Facility Standards: Urgent Care Facilities seeking approval of a heliport as an accessory use must obtain a special use permit.
Note: The current Hospital use captures a range of medical facilities which accept inpatients and provide care on a 24-hour basis. Both Hospices and
Urgent Care Facilities currently fit this definition, even though these uses and their perceived impacts differ greatly. This clarification of Hospital
recognizes those differences, proposing Hospices in multi-family districts better aligned with senior housing and Urgent Care Facilities in a greater
range of commercial and industrial districts to allow siting to provide more localized, timely care.
CommercialCommercialCommercialCommercial UsesUsesUsesUses
Amusement & Entertainment UsesAmusement & Entertainment UsesAmusement & Entertainment UsesAmusement & Entertainment Uses
Indoor Recreation Establishment S* S* S* S* S* S* S* S* S* S* S* S* P P P P P S* P P P P P
Outdoor Recreation
Establishment S* S* S* S* S* S* S* S* S* S* S* S* P P P P P S* P P S P P
Event Center P P P* P* P P
Event Center: A commercial establishment, either indoors or outdoors, with the primary purpose of providing space for meetings, gatherings, reunions,
weddings, conventions, private parties, and other similar gatherings. Includes convention centers, wedding and event venues, and other uses not
included as part of community centers; lodges, fraternal, or social organizations; or religious assemblies.
Event Center Standards: Event Centers in the B-1 and CB districts shall be limited to indoor operations only, except that outdoor operations
may be allowed in these districts if approved by a special use permit.
Note: Currently, properties that host events on a regular basis for the purpose of commercial entertainment or amusement, including parties or
weddings, are currently classified as either indoor or outdoor recreation, as they are the closest related use classification. Recreation uses also include a
range of activities, including but not limited to, bowling alleys, movie theaters, putt-putt courses, and theme parks. This clarification recognizes that
difference by distinguishing wedding, party, convention, or other commercial assemblies as Event Centers.
Animal ServicesAnimal ServicesAnimal ServicesAnimal Services
Kennel S S S* S* P P P P P S P P P P
Animal Grooming Service P P P* P* P P* P P P P
Animal Grooming Service: A commercial establishment where a pet may be bathed, brushed, clipped, trimmed, and/or styled for the purposes of
enhancing its appearance and/or health. This use typically includes an accessory retail component that is subordinate to the grooming service. This use
does not include the breeding, boarding, training, raising, or selling of any animals; for those activities, see “Kennel”.
Animal Grooming Service Standards: Animal Grooming Services within the B-1, CB, and O&I Districts shall not include outdoor runs or play
areas.
Note: Animal Grooming Service currently falls under the existing Kennel use, which in addition to grooming includes boarding, breeding, running, and
selling animals. This separation of uses recognizes the difference in land use impacts of grooming to the other activities covered by Kennels, which is
useful for site-specific approvals, like conditional districts.
Personal ServicesPersonal ServicesPersonal ServicesPersonal Services
Personal Services, General P P P P P P P P P P
Instructional Services and
Studios
P P P P P P P P P P
Instructional Services and Studios: Establishments primarily engaged in teaching skills within a group setting pertaining to specialized recreational or
artistic pursuits, including but not limited to, dance studios, yoga studios, fitness classes, martial arts, painting, sculpting, and singing.
Note: General Personal Services currently includes all establishments providing non-medical services to individuals (with the exception of Dry
Cleaning/Laundry Mats). This amendment makes it clear that establishments providing services to individuals in a group setting (yoga, dance class) are
given the same permissions as those providing services in a one-on-one setting. Separation of these uses is useful for conditional districts which may
want to allow certain personal service establishments, such as a yoga or dance studio, but not others, such as a tattoo parlor.
Planning Board - October 1, 2020
ITEM: 4 - 19 - 1
P a g e 2 | 2
Clarified UseClarified UseClarified UseClarified Use
Zoning DistrictZoning DistrictZoning DistrictZoning District RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Retail SalesRetail SalesRetail SalesRetail Sales
Retail Sales, General P P P P P P P P P
Auction House P P P
Oil or Gas Dealer, Retail P P P P
Auction House: An establishment where the real or personal property or others is sold by a broker or auctioneer to persons who attend scheduled sales
or events.
Oil and Gas Dealer, Retail: An establishment primarily engaged in the retail sale of heating oil, liquefied petroleum (LP) gas, and other fuels
Note: General Retail Sales currently includes all commercial enterprises providing goods or services for sale directly to customers. This currently
includes Auction Houses, which consist of a large number of people at scheduled events, and Oil and Gas Dealers, which is not an industrial use but
involves large quantities of flammable material that may not be conducive to the neighborhood or community business districts that allow General
Retail.
Vehicle and Equipment Sales & ServiceVehicle and Equipment Sales & ServiceVehicle and Equipment Sales & ServiceVehicle and Equipment Sales & Service
Vehicle Service Station, Large
Vehicles
p P P P P P
Transportation Vehicle Service
and Storage Facility S S P P
Transportation Vehicle Service and Storage Facility: A garage or yard facility where public transportation or freight vehicle fleets are stored, maintained,
and dispatched into service. These facilities do not involve the storage of personal vehicles, equipment, or other items used by the general public.
Note: The service, storage, and dispatch of passenger or freight vehicles most closely falls into the classification for Large Vehicle Service Station, which
specifically entails repair, assembly, disassembly, or other work. Transportation Vehicle Service and Storage Facility clarifies the distinction between
repair and storage for dispatch, while allowing service to take place for ongoing maintenance. The use also requires a large amount of storage yard
space for large vehicle fleets, and as such is proposed as a special use permit in the CS and AC districts.
Industrial UsesIndustrial UsesIndustrial UsesIndustrial Uses
Industry & ManufacturingIndustry & ManufacturingIndustry & ManufacturingIndustry & Manufacturing
Artisan Manufacturing P P P P P* P P P P P
Microbrewery/Microdistillery P P P P P P P P P
Microbrewery/Microdistillery: An establishment where beer, malt beverages, wine, distilled alcohol, or mead is made on the premises primarily for on-
site consumption and/or retail sales, and may be packaged for distribution off-site. Typical accessory uses may include a restaurant, tasting room, retail,
food truck, and/or live entertainment, as otherwise permitted in the zoning district. For the purposes of this definition, the following shall constitute a
microbrewery/microdistillery:
• In the case of Microbreweries, breweries that produce no more than 50,000 US gallons per year AND where the total distillery size, as measured
by the sum of the gross floor area, does not exceed 25,000 square feet.
• In the case of Microdistilleries, distilleries that produce no more than 50,000 US gallons per year AND where the total distillery size, as measured
by the sum of the gross floor area, does not exceed 25,000 square feet.
For breweries and distilleries that exceed the square footage and production limits, see “Beverage Manufacturing” in the Principal Use Table.
Note: Artisan Manufacturing refers to the manufacturing of goods by hand involving the use of hand tools and light mechanical equipment.
Microbreweries and Microdistilleries are currently classified under Artisan Manufacturing, as it is the closest related use classification. This amendment
provides a clear distinction between the two, and removes tap room/tasting room requirement from the Artisan Manufacturing use. The
Microbrewery/Microdistillery use will be classified under Food & Drink in the Principal Use Table.
PROPOSED ACCESSORY & TEMPORARY USE CLARIFICATIONS
None
Planning Board - October 1, 2020
ITEM: 4 - 19 - 2
P a g e 1 | 3
CONSISTENT PERMISSIONS SUMMARY
Uses are listed below in the use categories (Civic/Commercial/Industrial) and subcategories (Retail/Personal Service) in which they are divided
in the Principal Use Table. A narrative describing how the changes are consistent across permissions has been included below in an order that
corresponds to the table. This format is repeated for accessory and temporary uses.
PROPOSED PRINCIPAL USE PERMISSIONS
UseUseUseUse
Zoning DistrictZoning DistrictZoning DistrictZoning District RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Agricultural UsesAgricultural UsesAgricultural UsesAgricultural Uses
Agricultural and Forestry Uses,
General
P P P P P P P P P P P P P P P P P P P P P P P
Residential UsesResidential UsesResidential UsesResidential Uses
Household & Household & Household & Household & Group LivingGroup LivingGroup LivingGroup Living
Senior Living: Independent Living
Community
S S S S S P P P P P P P P S
Senior Living: Assisted Living
Facility
S* S* S* S* S* S* S* S* S* P* P* S* S*
Senior Living: Continuing Care
Retirement Community
S* S* S* S* S* S* S* S* S* P* P* S* S*
Civic & Institutional UsesCivic & Institutional UsesCivic & Institutional UsesCivic & Institutional Uses
CivicCivicCivicCivic
Community Center S PS S S S S S S S S S S P P P P P P P
Religious Assembly P P P P P P S
P*
P* P* P* P* P* P P P* P* P P P P* P P P
Government ServicesGovernment ServicesGovernment ServicesGovernment Services
Post Office P P P P P P P P P P P
TransportationTransportationTransportationTransportation
Bus and Taxi Terminal P P P P P P P
Commercial UsesCommercial UsesCommercial UsesCommercial Uses
Animal ServicesAnimal ServicesAnimal ServicesAnimal Services
Veterinary Service P P P P P S
P
P P P P
Retail SalesRetail SalesRetail SalesRetail Sales
Pharmacy P P P P P P P P P
IndustrialIndustrialIndustrialIndustrial UsesUsesUsesUses
Warehousing, Storage, & Wholesale Sales and DistributionWarehousing, Storage, & Wholesale Sales and DistributionWarehousing, Storage, & Wholesale Sales and DistributionWarehousing, Storage, & Wholesale Sales and Distribution
Wholesaling Seafood with Water
Frontage P P P P
Recreational Vehicle and Boat
Trailer Storage Lot P* P* P* P* P* P* P* P*
Waste & SalvageWaste & SalvageWaste & SalvageWaste & Salvage
Commercial Recycling Facility,
Large Collection S S S* S* S P* S* P* S* S P**** P* P* P*
Commercial Recycling Facility,
Processing S S S* P* P*
Commercial Recycling Facility,
Processing and Collection S S S S
P*
S
P*
Use Narrative
Senior Living: Independent Living
Community
Allowed in RA and R-20S districts with a special use permit because the Senior Living: Continuing Care
Retirement Community use (which includes the Independent Living Community use) is allowed with a
special use permit. Allowed by-right in PD because the Senior Living: Continuing Care Retirement
Community use is allowed by-right
Senior Living: Assisted Living Facility Allowed by-right in PD because the Senior Living: Continuing Care Retirement Community use (which
includes the Assisted Living Facility use) is allowed by-right
Senior Living: Continuing Care
Retirement Community
Expanded into R-10, RMF, and O&I because Senior Living: Independent Living Community and Senior
Living: Assisted Living Facility uses are allowed in those districts; Senior Living: Continuing Care Retirement
Community is a combination of both of those uses. Removed from B-1 because neither of the individual
components is allowed
Community Center Expanded into remaining business districts and changed to S in AR to be consistent with requirements in
other residential districts
Planning Board - October 1, 2020
ITEM: 4 - 20 - 1
P a g e 2 | 3
Religious Assembly
Allowing Religious Assemblies in the R-7 district by-right in lieu of a special use permit because religious
assemblies are allowed in other residential districts by right. The same standards that apply to the R-5
district would be applied to the R-7, which includes a maximum seating capacity. As with the R-5, certain
activities would trigger a SUP (outdoor/indoor rec, schools, and greater than by-right seating allowance).
While this change in permissions includes the application of specific use standards to the R-7 district, it is a
by-right approval and is more permissive than before. Extend existing standards for CB and CS districts to
the B-1. These standards include (1) waiving seat limitations if located on a Minor Collector or greater and
(2) that primary vehicular access to the use shall not be provided by a local residential street
Post Office
Expanded to the B-1 and O&I districts because this use is similar to the types of uses allowed in these
districts, including Government Offices & Buildings which is permitted by right
Bus and Taxi Terminal
Expanded into AC to allow ILM greater flexibility for bus, shuttle, or taxi service.
Veterinary Service
Allowed by right in O&I as veterinary use is similar in land use impacts to the medical office uses allowed
by right in the district to maintain consistency across all other commercial districts
Pharmacy
Allowed pharmacy in AC district to aid in providing greater convenience in the airport vicinity
Wholesaling Seafood with Water
Frontage
Removed from AC district due to lack of water frontage
Recreational Vehicle and Boat Trailer
Storage Lot
Removed from O&I district (Recreational Vehicle and Boat Trailer Storage Lots do not currently occupy any
property zoned O&I)
Commercial Recycling Facility,
Processing
Allowed by special use permit in B-2 to maintain consistency across all other Commercial Recycling Facility
uses. The Commercial Recycling Facility, Processing and Collection use (which includes the Commercial
Recycling Facility, Processing use) is allowed
Commercial Recycling Facility,
Processing and Collection
Amended to maintain consistency across all other Commercial Recycling Facility uses. Moving from a
special use permit to by-right in industrial districts because both of the individual components are allowed
by right
Language added to clarify that individual use standards for Collection (whichever classification a given
application fits into) and Processing must be met when this use is applied for
Planning Board - October 1, 2020
ITEM: 4 - 20 - 2
P a g e 3 | 3
PROPOSED ACCESSORY USE PERMISSIONS
UseUseUseUse
Zoning DistrictZoning DistrictZoning DistrictZoning District RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Home Occupation P P P P P P P P P P P P P P P P P P P P P P P
Use Narrative
Home Occupation
Expanded permissions to commercial and industrial districts to allow residents of single-family uses in
those districts to engage in a home occupation. These dwellings are zoned commercial/industrial and
would allow most commercial activity by right
PROPOSED TEMPORARY USE PERMISSIONS
UseUseUseUse
Zoning DistrictZoning DistrictZoning DistrictZoning District RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Debris Site P P P P P P P P P P P P P P P P P P P P P P P
Use Narrative
Debris Site
Expanded permissions to all districts to allow clean-up efforts greater flexibility following emergency
events
Use specific standards have been added to address: (1) encroachments into -or obstructions of- streets,
rights-of-way, driveways, buildings, bicycle/pedestrian facilities, fire lines and hydrants, or any other
public utility easements or infrastructure; and (2) 30-day limitation unless granted an extension by the
Planning Director.
Debris sites shall comply with the following standards:
1. No debris may be located so as to encroach into, or wholly or partially obstruct, any street, right-of-
way, driveway, building, sidewalk, multi-use path, fire lane, fire hydrant, or other public infrastructure or
utility easement.
2. Debris sites are limited to no more than 30 total consecutive calendar days at any one time, unless
granted an extension by the Planning Director.
Planning Board - October 1, 2020
ITEM: 4 - 20 - 3
P a g e 1 | 2
CONSISTENT STANDARDS SUMMARY
Uses are listed below in the use categories (Civic/Commercial/Industrial) and subcategories (Retail/Personal Service) in which they are divided
in the Principal Use Table. A narrative describing how the changes achieve consistency across standards has been included below in an order
that corresponds to the table.
PROPOSED PRINCIPAL USE STANDARDS
UseUseUseUse
Zoning DistrictZoning DistrictZoning DistrictZoning District RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Agricultural UsesAgricultural UsesAgricultural UsesAgricultural Uses
Stable P P* P**** P* P* P P P P
Civic & Institutional UsesCivic & Institutional UsesCivic & Institutional UsesCivic & Institutional Uses
CivicCivicCivicCivic
Animal Shelter S**** S**** S* S* P P P P P S P P P P
Lodges, Fraternal, & Social
Organizations S* S* S**** S* S* S* S* P P P P P P P
Religious Assembly P P P P P P S
P*
P* P* P* P* P* P P P**** P* P P P P* P P P
TransportationTransportationTransportationTransportation
Marina, Commercial with
Floating Structures S**** S* S* S* S**** S* S* S* S*
Commercial UsesCommercial UsesCommercial UsesCommercial Uses
Animal ServicesAnimal ServicesAnimal ServicesAnimal Services
Equestrian Facility P P* P**** P* P* P P P P
Kennel S S**** S* S* P P P P P S P P P P
Retail SalesRetail SalesRetail SalesRetail Sales
Convenience Store S**** S**** S* S**** S**** P P P P P S P P P P
Vehicle & Equipment Sales and ServiceVehicle & Equipment Sales and ServiceVehicle & Equipment Sales and ServiceVehicle & Equipment Sales and Service
Vehicle Service Station, Minor P S P**** P* P P P P P P
Industrial UsesIndustrial UsesIndustrial UsesIndustrial Uses
Industry and ManufacturingIndustry and ManufacturingIndustry and ManufacturingIndustry and Manufacturing
Artisan Manufacturing P P P P**** P* P P P P P
Warehousing, Storage, Wholesale sales, and DistributionWarehousing, Storage, Wholesale sales, and DistributionWarehousing, Storage, Wholesale sales, and DistributionWarehousing, Storage, Wholesale sales, and Distribution
Warehousing P P P**** P* P P P
Waste & SalvageWaste & SalvageWaste & SalvageWaste & Salvage
Commercial Recycling Facility,
Small Collection S S S* S* S* S* S S S S S P* P**** P* P**** P* S* P* P**** P* P* P*
Commercial Recycling Facility,
Large Collection S S S* S* S P* S* P* S* S P**** P* P* P*
Use Change(s)
Stable
Applied 100’ setback standard currently required in the AR, R-20, and R-15 districts to R-20S
Animal Shelter
Extend provisions for minimum lot size, access, setbacks, and sewage disposal systems currently
required in the R-20 and R-15 districts to RA and R-20S
Lodges, Fraternal, & Social
Organizations
Applied standards to R-20S to be consistent with standards for other residential districts, which
include minimum lot size, setbacks, and provisions for food, refreshments, and entertainment
Religious Assembly
Allowing Religious Assemblies in the R-7 district by-right in lieu of a special use permit because
religious assemblies are allowed in other residential districts by right. The same standards that apply
to the R-5 district would be applied to the R-7, which includes a maximum seating capacity. As with
the R-5, certain activities would trigger a SUP (outdoor/indoor rec, schools, and greater than by-right
seating allowance). While this change in permissions includes the application of specific use
standards to the R-7 district, it is a by-right approval and is more permissive than before.
Extend existing standards for CB and CS districts to the B-1. These standards include (1) waiving seat
limitations if located on a Minor Collector or greater and (2) that primary vehicular access to the use
shall not be provided by a local residential street
Marina, Commercial with Floating
Structures
Extended standards from R-20S, R-20, R-15, B-1, B-2, I-1, and I-2 to apply to all districts. Standards
include floating structure setbacks, dwelling unit allowance (1), pier/dock/walkway required to serve
floating structures, water/sewer, solid waste, land area set-asides (2,000sf per floating structure),
and mitigation to impacts on water quality/conservation resources.
Equestrian Facility
Applied 100’ setback standard currently required in the AR, R-20, and R-15 districts to R-20S
Kennel
Removed “grooming” from Kennel definition with introduction of Animal Grooming Service use
Planning Board - October 1, 2020
ITEM: 4 - 21 - 1
P a g e 2 | 2
Extended provisions for minimum lot size, access, setbacks, and sewage disposal systems from R-15
and R-20 to include R-20S
Convenience Store
Extended protections in the R-15 district to RA, AR, R-10, and R-7 districts. These include: maximum
lot size, maximum structure square footage, prohibition of convenience stores in the interiors of
subdivisions, and fuel pump limitation (1 pump allowed) and setbacks
Vehicle Service Station, Minor
Extended standards from CB to include B-1. Standards include: no vehicle sales or towing allowed, all
work and storage conducted indoors, 24-hour limit on vehicle storage, vehicles parked in a way that
does not create hazards, and the site plan must show any outdoor work areas and a
fence/wall/screen is required for such areas
Warehousing
Extended standard from CS to include B-2 prohibiting storage of live animals, explosives, and
flammable gasses/liquids to B-2 district
Wholesaling
Extended standard from CS to include B-2 prohibiting wholesaling of live animals, explosives, and
flammable gasses/liquids to B-2 district
Commercial Recycling Facility, Small
Collection
Applied current standards to all districts where allowed by right. Standards include maximum facility
size, recycling products limitations, host tract required, 100’ setback from residential property,
containers constructed of durable materials, no power-driven equipment allowed, no recycling
material storage allowed outside container, parking required for attendees, contact information of
pickup/maintenance organization required to be displayed, site monitored daily, and site cannot
reduce any required landscaping on the property
Commercial Recycling Facility, Large
Collection
Applied current standards to all districts where allowed by right. Standards include no maximum
facility size, recycling products limitations if approved by SUP, host tract not required, 100’ setback
from residential property, and limited to 7am-7pm operations when adjacent to residential property
PROPOSED ACCESSORY USE STANDARDS
None
PROPOSED TEMPORARY USE STANDARDS
None
Planning Board - October 1, 2020
ITEM: 4 - 21 - 2
2020-09 Planning Board Draft-Uses and Standards
P a g e 1 | 44
Section 2.1 Measurements
Spacing Between Buildings
The minimum distance, measured horizontally, from the closest point on one building to the
closest point of an adjacent building. The closest point shall include projections such as bump-
outs, bay windows, or similar projections, and eaves or roof overhangs that extend more than two
feet from the building.
Section 2.3 Definitions
Agricultural and Forestry Uses, General
Uses characterized by general active and ongoing agricultural activities, including agronomy,
animal husbandry, aquaculture, biotechnical agriculture (including education parks for
biotechnical agriculture or a demonstration farm), forestry, fisheries, apiculture, and similar uses.
For the purposes of this UDO, this definition shall include any bona fide farm as defined in
N.C.G.S. 160D-903.
Animal Grooming Service
A commercial establishment where a pet may be bathed, brushed, clipped, trimmed, and/or styled
for the purposes of enhancing its appearance and/or health. This use typically includes an
accessory retail component that is subordinate to the grooming service. This use does not include
the breeding, boarding, training, raising, or selling of any animals; for those activities, see
“Kennel”.
Auction House
An establishment where the real or personal property or others is sold by a broker or auctioneer
to persons who attend scheduled sales or events.
Commercial Kitchen, Catering
An establishment whose principal business is to prepare food on-site, then to transport and deliver
or serve off-site. No business consumption of food or beverages is conducted on the premises.
Community Garden
An area managed and maintained by a group of individuals to grow and harvest fruits, flowers,
vegetables, or ornamental plants for personal or group consumption, for donation, or for incidental
sale.
Data Center
An establishment primarily engaged in providing infrastructure (e.g., computer systems and
associated components such as telecommunications and storage systems) for data processing
and storage, web hosting, application hosting, streaming services, and related services.
Electric Vehicle Charging Station
A vehicle parking space served by an electrical component assembly or cluster of component
assemblies (battery charging station) designed and intended to transfer electric energy by
conductive or inductive means from the electric grid or other off-board electrical source to a battery
or other energy storage device within a vehicle that operates, partially or exclusively, on electric
energy.
Planning Board - October 1, 2020
ITEM: 4 - 22 - 1
2020-09 Planning Board Draft-Uses and Standards
P a g e 2 | 44
Elementary and Secondary Schools
An educational institution that offers a program of high school, technical high school, middle
school (or junior high school), and/or elementary school (including kindergarten, pre-k, pre-k-8,
or nursery school) instruction meeting State requirements for a school. Such uses include
classrooms, laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities,
dormitories, and other facilities that further the educational mission of the institution.
Emergency Services Facility
An establishment for the provision of emergency services, such as fire, rescue and emergency
medical service, and associated emergency preparedness, emergency management, or disaster
management activities.
Event Center
A commercial establishment, either indoors or outdoors, with the primary purpose of providing
space for meetings, gatherings, reunions, weddings, conventions, private parties, and other
similar gatherings. Includes convention centers, wedding and event venues, and other uses not
included as part of community centers; lodges, fraternal, or social organizations; or religious
assemblies.
Food Pantry
A facility where stocks of food and personal care items, typically basic provisions and
nonperishable items, are supplied free of charge to people in need. This use does not include
food pantry as an accessory use to a Religious Assembly principal use, nor does it include
incidental structures commonly referred to as Little Free Pantries.
Hospice
A licensed hospice facility which provides palliative care and supportive medical and other health
services to meet the physical, psychological, social, spiritual, and special needs of terminally ill
patients and their families in a group residential setting
Instructional Services and Studios
Establishments primarily engaged in teaching skills within a group setting pertaining to specialized
recreational or artistic pursuits, including but not limited to, dance studios, yoga studios, fitness
classes, martial arts, painting, sculpting, and singing.
Microbrewery/Microdistillery
An establishment where beer, malt beverages, wine, distilled alcohol, or mead is made on the
premises primarily for on-site consumption and/or retail sales, and may be packaged for
distribution off-site. Typical accessory uses may include a restaurant, tasting room, retail, food
truck, and/or live entertainment, as otherwise permitted in the zoning district. For the purposes
of this definition, the following shall constitute a microbrewery/microdistillery:
• In the case of Microbreweries, breweries that produce no more than 15,000 barrels of beer
per year AND where the total brewery size, as measured by the sum of the gross floor
area, does not exceed 25,000 square feet.
• In the case of Microdistilleries, distilleries that produce no more than 50,000 US gallons
per year AND where the total distillery size, as measured by the sum of the gross floor
area, does not exceed 25,000 square feet.
Planning Board - October 1, 2020
ITEM: 4 - 22 - 2
2020-09 Planning Board Draft-Uses and Standards
P a g e 3 | 44
For breweries and distilleries that exceed the square footage and production limits, see “Beverage
Manufacturing” in the Principal Use Table.
Oil and Gas Dealer, Retail
An establishment primarily engaged in the retail sale of heating oil, liquefied petroleum (LP) gas,
and other fuels
Solar Energy Collection Facility, Accessory
A facility designed to meet energy demands for the principal use of the property on which the
collection facility is located, and consisting of solar panels, modules, and related equipment (e.g.,
heat exchanger, pipes, inverter, wiring, storage) that collects solar radiation and transfers it as
heat to a carrier fluid for use in hot water heating or space heating and cooling, and/or that collects
energy and converts it into electricity. A solar energy collection facility intended to serve the
energy needs of a use or uses beyond the property on which the collection facility is located shall
constitute a “Solar Energy Collection Facility” principal use.
Temporary Emergency Services Facility
A temporary establishment for the provision of emergency services, such as fire, rescue and
emergency medical services, and associated emergency preparedness, emergency
management, or disaster management activities.
Temporary Family Healthcare Structure
A transportable residential structure accessory to a principal dwelling, not on a permanent
foundation, for occupancy by a caregiver providing care for a mentally or physically impaired
person, that is primarily assembled at a location other than its site of installation and complies
with applicable provisions of the State Building Code and GS 143-139.1(b).
Transportation Vehicle Service and Storage Facility
A garage or yard facility where public transportation or freight vehicle fleets are stored,
maintained, and dispatched into service. These facilities do not involve the storage of personal
vehicles, equipment, or other items used by the general public.
Urgent Care Facility
A facility that provides emergency medical services with no provision for continuing care on an
inpatient basis. Such establishments generally have a wider range of business hours than medical
and/or dental offices and/or clinics, serve primarily drop-in patients, and may include accessory
uses such as heliports.
Wind Energy Collection Facility, Accessory
An alternate energy device which converts wind energy by means of a rotor to mechanical or
electrical energy to serve the energy needs of the principal use of the property on which the
collection facility is located. A wind generator may also be deemed a windmill. A wind energy
collection facility intended to serve the energy needs of a use or uses beyond the property on
which the collection facility is located shall constitute an “Electricity Generating Facilities” principal
use.
Planning Board - October 1, 2020
ITEM: 4 - 22 - 3
2020-09 Planning Board Draft-Uses and Standards
P a g e 4 | 44
Section 3.1 General
3.1.3 SUPERSEDING DIMENSIONAL STANDARDS
D. Performance Residential Development
1. Setbacks and Spacing
a. Buildings on the periphery of a Performance Residential Development shall be
setback a minimum of 20 feet from the adjoining property line.
b. Multi-family dwelling units shall be spaced a minimum of 20 feet from any part of
another dwelling unit. All other dwelling units shall be spaced a minimum of 10
feet from each other. Single-family detached dwellings shall be spaced a minimum
of ten feet from each other, measured from the closest parts of the buildings.
c. No multiple dwelling unit shall be located closer than 20 feet to any part of another
dwelling unit.
E. Additional Dwelling Allowance
5. Setbacks and Maximum Height
a. Maximum allowable height for structures shall be 40 feet. However, the maximum
allowable height for piling supported primary structures located in “Coastal High
Hazard Areas, V-Zones” and/or Ocean Hazard Areas as defined by the Coastal
Resources commission shall be 44 feet.
b. The required minimum setback for developments with an Additional Dwelling
Allowance shall not be less than 25 feet.
c. When such projects are located and adjacent to any existing detached residential
development (not including Mobile Home Parks, other developments with an
Additional Dwelling Allowance or High Density Development special use permit, or
General Planned Development districts), structures over 25 feet in height shall be
setback a distance equal to the height of the structure.
d. Multi-family dwelling units shall be spaced a minimum of 20 feet from any part of
another dwelling unit. All other dwelling units shall be spaced a minimum of 10 feet
from each other. In no case shall any part of a detached single-family dwelling unit be
located closer than 10 feet to any part of any other detached single-family dwelling,
and in no case shall any part of an attached dwelling unit be located closer than 20
feet to another dwelling unit.
This provision has been removed as it is consistent with
the proposed amendment to residential height
maximums. The height limit of the specific district
would govern.
Planning Board - October 1, 2020
ITEM: 4 - 22 - 4
2020-09 Planning Board Draft-Uses and Standards
P a g e 5 | 44
Section 3.2 Residential Zoning Districts
3.2.10 RESIDENTIAL 7 (R-7) DISTRICT
E. Other District Standards
1. Development shall have direct access to at least one roadway classified as an arterial or
collector on the most recent Wilmington MPO Functional Classification Map or to a
roadway built to County or NCDOT collector street standards.
2. When a development proposal is submitted for this district, it shall be reviewed in
accordance with the same standards as established in Section 6.2: Design Standards
even if the project does not involve the subdivision of land.
3. All R-7 developments shall provide the following public improvements, constructed in
accordance with the standards set by the Cape Fear Public Utility Authority, County, or
appropriate local or state agency:
i. CFPUA water
ii. CFPUA sewer
iii. Maximum impervious surface ratio for gross site area: 0.50
iv. Sidewalks on all roads within district
Section 3.3 Mixed Use Zoning Districts
3.3.7 PLANNED DEVELOPMENT (PD) DISTRICT
E. Other District Standards
4. Building Separation Standards
a. The project shall be designed so as to avoid encroachment into the path of any
proposed transportation project included in the Wilmington MPO’s Metropolitan
Transportation Plan.
b. Multi-family dwelling units shall be spaced a minimum of 20 feet from any part of
another dwelling unit. All other dwelling units shall be spaced a minimum of 10 feet
from each other. No part of a detached single family dwelling unit or its accessory
structure shall be located closer than 10 feet to any part of any other detached single
family dwelling or its accessory structure.
c. No part of a multi-family or attached dwelling unit or its accessory structure shall be
located closer than 20 feet to any part of another dwelling unit, accessory structure, or
nonresidential building.
Subsections 1 & 2 removed in
order to maintain consistency
with other districts.
Subsection 3 is currently addressed by
provisions in Article 6 Subdivisions
Subsections 1 & 2 removed in
order to maintain consistency
with other districts.
Planning Board - October 1, 2020
ITEM: 4 - 22 - 5
2020-09 Planning Board Draft-Uses and Standards P a g e 6 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Agricultural usesAgricultural usesAgricultural usesAgricultural uses Agricultural and Forestry Uses, General P P P P P P P P P P P P P P P P P P P P P P P Livestock Sales P Stable P P* P* P* P* P P P P 4.3.1 Wholesale Nursery P P P P P P P P P P P P P P P P P Residential usesResidential usesResidential usesResidential uses Household LivingHousehold LivingHousehold LivingHousehold Living Dwelling, Dual-Unit Attached P P P P P P P P P P P S* S* P Dwelling, Multi-Family P P P P P P P P P P S* S* P 4.3.2 Dwelling, Quadraplex P P P P P P P P P P P S* S* P 4.3.2 Dwelling, Single-Family Detached P P P P P P P P P P P P P P S* S* P P 4.3.2 Dwelling, Triplex P P P P P P P P P P P S* S* P 4.3.2 Dwelling, Row-Style P P P P P P P P P P P S* S* P 4.3.2 Dwelling, Two-Family (Duplex) S P S P P P P P P P P S* 4.3.2 Live/Work or Caretaker Unit P* P* S* S* S* P* S* S* S* 4.3.2 Mobile Home S P S P P P S* S* 4.3.2 Mobile Home, Doublewide P* P* P* P* P* P* P* S* S* 4.3.2 Mobile Home Park S* S* S* S* P 4.3.2 Mobile Home Subdivision S S S S S S Senior Living: Independent Living Retirement Community S S S S S P P P P P P P S Planning Board - October 1, 2020ITEM: 4- 22 - 6
2020-09 Planning Board Draft-Uses and Standards P a g e 7 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Group LivingGroup LivingGroup LivingGroup Living Family Care Home P* P* P* P* P* P* S* P* P* P* P* P* P* P* P 4.3.2 Fraternity/Sorority Residence S* S* S* S* P* P* P* P* 4.3.2 Group Home P* P* P* P* P* P* P* P* P* P* P* P* P* P* S* S* 4.3.2 Senior Living: Assisted Living Facility S* S* S* S* S* S* S* S* S* P* P* S* S* 4.3.2 Senior Living: Continuing Care Retirement Community S* S* S* S* S* S* S* S* S* P* P* S* S* 4.3.2 Civic and InstitutionalCivic and InstitutionalCivic and InstitutionalCivic and Institutional Child and Adult CareChild and Adult CareChild and Adult CareChild and Adult Care Adult Day Care S* S* S* S* S* S* S* S* S* S* S* P* P* P* P* 4.3.3 Child Care Center S S S S S S S S S S S P P P P P P P S S Family Child Care Home P* P* P* P* P* P* P* P* P* P* P* P P S S S 4.3.3 CivicCivicCivicCivic Animal Shelter S* S* S* S* P P P P P S P P P P 4.3.3 Community Center S SP S S S S S S S S S S P P P P P P P Food Pantry P* P* 4.3.3 Library P P P P P P S P P P P P P P P P P P P Lodges, Fraternal, & Social Organizations S* S* S**** S* S* S* S* P P P P P P P 4.3.3 Museum P P P P P P P P Religious Assembly P P P P P P SP* P* P* P* P* P* P P P**** P* P P P P* P P P 4.3.3 Planning Board - October 1, 2020ITEM: 4- 22 - 7
2020-09 Planning Board Draft-Uses and Standards P a g e 8 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Communication and Information FacilitiesCommunication and Information FacilitiesCommunication and Information FacilitiesCommunication and Information Facilities Amateur Radio Antennas (up to 90 ft.) P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.3 Antenna & Towers less than 70 ft. in Height & Ancillary to the Principal Use P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.3 Cellular & PCS Antennas P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.3 Other Communication Facilities including Towers S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* P* P* 4.3.3 Educational ServicesEducational ServicesEducational ServicesEducational Services Colleges, Universities, and Professional Schools S S S S S S P P P P P Elementary and Secondary Schools P P P P P S S S S S S P P P Vocation or Trade School S S S S S S P P P P P Government ServicesGovernment ServicesGovernment ServicesGovernment Services Emergency Services Facility P P P P P P P P P P P P P P P P P P P P P P P Government Offices and Buildings S P S S S S S P P P P P P P P P P P P P P P P Post Office P P P P P P P P P P P Health Care FacilitiesHealth Care FacilitiesHealth Care FacilitiesHealth Care Facilities Hospice S S S S S P P P P P P P P P Hospital S S S* S* S* S P P P P 4.3.3 Medical and Dental Office and Clinic P P P P P P P P P P P Planning Board - October 1, 2020ITEM: 4- 22 - 8
2020-09 Planning Board Draft-Uses and Standards P a g e 9 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Nursing and Rehabilitation Center S* S* S* S* S* S* S* S* S* S* S* P P S* P P 4.3.3 Urgent Care Facility P* P* P* P* P* P* 4.3.3 Recreation, Parks, and Open SpaceRecreation, Parks, and Open SpaceRecreation, Parks, and Open SpaceRecreation, Parks, and Open Space Boating Facility, Community S* S* S* S* S* S* S* S* S* S* S* S* S* S* 4.3.3 Boating Facility, Private Residential P* P* P* P* P* P* P* P* P* P* P* P P* P* 4.3.3 Cemetery S* S* S* S* S* S* S* S* S* S* S* S* S* S* 4.3.3 Community Garden P P P P P P P P P P P P P P P P P P P P P P P Golf Course P P P P P P P P P P P P P Park and Recreation Area P P P P P P P P P P P P P P P P P P P P P P P TransportationTransportationTransportationTransportation Airport and Terminal P P P P P Bus and Taxi Terminal P P P P P P P Heliport P P P P P Marina, Commercial S* S* S* S* S* S* S* S* S* S* S* P P S* P P P P P 4.3.3 Marina, Commercial with Floating Structures S* S* S* S* S**** S* S* S* S* 4.3.3 Railroad Freight Depot P P P Railroad Passenger Terminal P P P Water Transportation Facilities P P P P P P UtilitiesUtilitiesUtilitiesUtilities Electric Substation S S S S S S S* S* S* S* S* P P P P P P P P P P P 4.3.3 Solar Energy Collection Facility S P P Planning Board - October 1, 2020ITEM: 4- 22 - 9
2020-09 Planning Board Draft-Uses and Standards P a g e 10 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Utility Lines, Structures, and/or Facilities; General P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.3 Commercial UsesCommercial UsesCommercial UsesCommercial Uses Amusement & Entertainment UsesAmusement & Entertainment UsesAmusement & Entertainment UsesAmusement & Entertainment Uses Adult Entertainment Establishment S* 4.3.4 Bar/Nightclub P P P P P P Electronic Gaming Operation P* S* P* S* 4.3.4 Event Center P P P* P* P P* 4.3.4 Indoor Recreation Establishment S* S* S* S* S* S* S* S* S* S* S* S* P P P P P S* P P P P P 4.3.4 Outdoor Recreation Establishment S* S* S* S* S* S* S* S* S* S* S* S* P P P P P S* P P S P P 4.3.4 Outdoor Shooting Range S* S* 4.3.4 Animal ServicesAnimal ServicesAnimal ServicesAnimal Services Animal Grooming Service P P P* P* P P* P P P P 4.3.4 Equestrian Facility P P* P* P* P* P P P P 4.3.4 Kennel S S* S* S* P P P P P S P P P P 4.3.4 Veterinary Service P P P P P SP P P P P Commercial ServicesCommercial ServicesCommercial ServicesCommercial Services Bank and/or Financial Institution P P P P P P P P P Business Service Center P P P P P P P P P Commercial Parking Lot or Facility P P P Planning Board - October 1, 2020ITEM: 4- 22 - 10
2020-09 Planning Board Draft-Uses and Standards P a g e 11 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Funeral Services P P P P P P Mini-Warehouse/Self-Storage P P P P P P P Off-Premises Advertising P* P* P* 4.3.4 Repair Shop P P P P P P P P Food & DrinkFood & DrinkFood & DrinkFood & Drink Commercial Kitchen, Catering P P P P P P P P Microbrewery/Microdistillery P P P P P P P P P Restaurant P P P P P P P P P P LodgingLodgingLodgingLodging Bed and Breakfast Inn S* S* S* S* S* P 4.3.4 Campground/Recreational Vehicle (RV) Park S* S* S* S* S* S* P* P* 4.3.4 Hotel or Motel P P P P P P OfficeOfficeOfficeOffice Contractor Office P S P* P* P P P P P 4.3.4 Labor Organization P P P P P Offices for Private Business and Professional Activities P P P P P P P P P P P Personal ServicesPersonal ServicesPersonal ServicesPersonal Services Dry Cleaning/Laundry Plant P P P P P P P Instructional Services and Studios P P P P P P P P P P Personal Services, General P P P P P P P P P P Planning Board - October 1, 2020ITEM: 4- 22 - 11
2020-09 Planning Board Draft-Uses and Standards P a g e 12 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Retail SalesRetail SalesRetail SalesRetail Sales Auction House P P P Convenience Store S* S* S* S* S* P P P P P S P P P P 4.3.4 Food Market P P P P P P P P Grocery Store P P P P P P P P Oil or Gas Dealer, Retail P P P P Pharmacy P P P P P P P P P Retail Nursery S P P P P P P P P Retail Sales, Building and Construction Supplies P P P P P P P Retail Sales, General P P P P P P P P P Vehicle & Equipment Sales & ServiceVehicle & Equipment Sales & ServiceVehicle & Equipment Sales & ServiceVehicle & Equipment Sales & Service Boat Dealer P P P P P P Car Wash P S P P* P P P P P P 4.3.4 Equipment Rental and Leasing P S P P P P P Farm Implement Sales P P P P P P P Fuel Sales S* P* S* P* P* P* P* P* P* P* P* 4.3.4 Mobile Home and Prefab Building Sales P P P P P Transportation Vehicle Service and Storage Facility S S P P Vehicle Rentals P S P* P P P 4.3.4 Vehicle Sales P P P P P P Planning Board - October 1, 2020ITEM: 4- 22 - 12
2020-09 Planning Board Draft-Uses and Standards P a g e 13 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Vehicle Service Station, Large Vehicles P P P P P P Vehicle Service Station, Minor P S P* P* P P P P P P 4.3.4 Vehicle Service Station, Major P P P P P P Vehicle Towing Service and Storage Yard P S P P P P P P P 4.3.4 Industrial UsesIndustrial UsesIndustrial UsesIndustrial Uses Design & Technology ServicesDesign & Technology ServicesDesign & Technology ServicesDesign & Technology Services Broadcasting and Production Studio P P P P S P P Data Center P P P P Research and Development Facility P P P P P P P P Industry & ManufacturingIndustry & ManufacturingIndustry & ManufacturingIndustry & Manufacturing Artisan Manufacturing P P P P* P* P P P P P 4.3.5 311 Food Manufacturing311 Food Manufacturing311 Food Manufacturing311 Food Manufacturing Animal Food Manufacturing (NAICS 3111) P S S P P P Bakeries and Tortilla Manufacturing (NAICS 3118) P S S P P P Dairy Product Manufacturing (NAICS 3115) P S S P P P Fruit and Vegetable Preserving and Specialty Food Manufacturing (NAICS 3114) P S S P P P Planning Board - October 1, 2020ITEM: 4- 22 - 13
2020-09 Planning Board Draft-Uses and Standards P a g e 14 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Grain and Oilseed Manufacturing (NAICS 3112) P S S P P P Other Food Manufacturing (NAICS 3119) P S S P P P Seafood Product Preparation and Packaging (NAICS 3117) P S S P P P Sugar and Confectionary Product Manufacturing (NAICS 3113) P S P P P P 312 Beverage & Tobacco Product Manufacturing312 Beverage & Tobacco Product Manufacturing312 Beverage & Tobacco Product Manufacturing312 Beverage & Tobacco Product Manufacturing Beverage Manufacturing (NAICS 3121) P S S P P P Tobacco Manufacturing (NAICS 3122) S P 313 Textile Mills313 Textile Mills313 Textile Mills313 Textile Mills Fabric Mills (NAICS 3132) S S P Fiber, Yarn, and Thread Mills (NAICS 3131) S S P Textile and Fabric Finishing and Fabric Coating Mills (NAICS 3133) S S P 314 Textile Product Mills314 Textile Product Mills314 Textile Product Mills314 Textile Product Mills Other Textile Product Mills (NAICS 3149) S S S P Planning Board - October 1, 2020ITEM: 4- 22 - 14
2020-09 Planning Board Draft-Uses and Standards P a g e 15 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Textile Furnishings Mill (NAICS 3141) S S S P 315 315 315 315 Apparel ManufacturingApparel ManufacturingApparel ManufacturingApparel Manufacturing Apparel Accessories and Other Apparel Manufacturing (NAICS 3159) P P P P Apparel Knitting Mills (NAICS 3151) S S S P Cut and Sew Apparel Manufacturing (NAICS 3152) P P P P 316 Leather and Allied Product Manufacturing316 Leather and Allied Product Manufacturing316 Leather and Allied Product Manufacturing316 Leather and Allied Product Manufacturing Footwear Manufacturing (NAICS 3162) P P P P Leather and Hide Tanning and Finishing (NAICS 3161) S P Other Leather and Allied Product Manufacturing (NAICS 3169) P P P P 321 Wood Product Manufacturing321 Wood Product Manufacturing321 Wood Product Manufacturing321 Wood Product Manufacturing Other Wood Product Manufacturing (NAICS 3219) S S P Sawmills and Wood Preservation (NAICS 3211) S S P Veneer, Plywood, and Engineered Wood Product Manufacturing (NAICS 3212) S P S P Planning Board - October 1, 2020ITEM: 4- 22 - 15
2020-09 Planning Board Draft-Uses and Standards P a g e 16 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 322 Paper Manufacturing322 Paper Manufacturing322 Paper Manufacturing322 Paper Manufacturing Converted Paper Product Manufacturing (NAICS 3222) S P 323 Printing & Related Support Activities323 Printing & Related Support Activities323 Printing & Related Support Activities323 Printing & Related Support Activities Printing and Related Support Activities (NAICS 3231) P S S P P P 325 Chemical Manufacturing325 Chemical Manufacturing325 Chemical Manufacturing325 Chemical Manufacturing Basic Chemical Manufacturing (NAICS 3251) S P Other Chemical Product and Preparation (NAICS 3259) [Except Explosives Manufacturing (NAICS 325920) and All Other Miscellaneous Chemical Product and Preparation Manufacturing (NAICS 325998)] S P Paint, Coating, and Adhesive Manufacturing (NAICS 3255) S P Pharmaceutical and Medicine Manufacturing (NAICS 3254) P P P Resin, Synthetic Rubber, and Artificial Synthetic Fibers and Filaments Manufacturing (NAICS 3252) S P Planning Board - October 1, 2020ITEM: 4- 22 - 16
2020-09 Planning Board Draft-Uses and Standards P a g e 17 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Soap, Cleaning Compound, and Toilet Preparation Manufacturing (NAICS 3256) S P 326 Plastics & Rubber Products Manufacturing326 Plastics & Rubber Products Manufacturing326 Plastics & Rubber Products Manufacturing326 Plastics & Rubber Products Manufacturing Plastics Product Manufacturing (NAICS 3261) S S P Rubber Product Manufacturing (NAICS 3262) S P 327 Nonmetallic Mineral Product Manufacturing327 Nonmetallic Mineral Product Manufacturing327 Nonmetallic Mineral Product Manufacturing327 Nonmetallic Mineral Product Manufacturing Cement and Concrete Product Manufacturing (NAICS 3273) [Except Cement Manufacturing (NAICS 32731)] S P Clay Product and Refractory Manufacturing (NAICS 3271) S P Glass and Glass Product Manufacturing (NAICS 3272) S P Other Nonmetallic Mineral Product Manufacturing (NAICS 3279) S P 331 331 331 331 Primary Metal ManufacturingPrimary Metal ManufacturingPrimary Metal ManufacturingPrimary Metal Manufacturing Alumina and Aluminum Production and Processing (NAICS 3313) [Except Alumina Refining and Primary Aluminum Production (NAICS 331313) and Secondary Smelting and S P Planning Board - October 1, 2020ITEM: 4- 22 - 17
2020-09 Planning Board Draft-Uses and Standards P a g e 18 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Allowing of Aluminum (NAICS 331314)] Iron and Steel Mills and Ferroalloy Manufacturing (NAICS 3311) S P Nonferrous Metal (except Aluminum) Production & Processing (NAICS 3314) S P Steel Product Manufacturing from Purchased Steel (NAICS 3312) S P 332 Fabricated Metal Product Manufacturing332 Fabricated Metal Product Manufacturing332 Fabricated Metal Product Manufacturing332 Fabricated Metal Product Manufacturing Architectural and Structural Metals Manufacturing (NAICS 3323) S S P Boiler, Tank, and Shipping Container Manufacturing (NAICS 3324) S S P Coating, Engraving, Heat Treating, and Allied Activities (NAICS 3328) S P Cutlery and Handtool Manufacturing (NAICS 3322) P S S P P P Forging and Stamping (NAICS 3321) S P Hardware Manufacturing (NAICS 3325) P S S P P P Planning Board - October 1, 2020ITEM: 4- 22 - 18
2020-09 Planning Board Draft-Uses and Standards P a g e 19 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Machine Shops: Turned Product; and Screw, Nut, and Bolt Manufacturing (NAICS 3327) S P Other Fabricated Metal Product Manufacturing (NAICS 3329) S S S P Spring and Wire Product Manufacturing (NAICS 3326) P S S P P P 333 Machinery Manufacturing333 Machinery Manufacturing333 Machinery Manufacturing333 Machinery Manufacturing Agriculture, Construction, and Mining Machinery Manufacturing (NAICS 3331) P S S P P P Commercial and Service Industry Machinery Manufacturing (NAICS 3333) P S P P P P Engine, Turbine, and Power Transmission Equipment Manufacturing (NAICS 3336) P S P P P P Industrial Machinery Manufacturing (NAICS 3332) P S P P P P Metalworking Machinery Manufacturing (NAICS 3335) P S S P P P Other General Purpose Machinery Manufacturing (NAICS 3339) P S P P P P Ventilation, Heating, Air-Conditioning, and Commercial P S S P P P Planning Board - October 1, 2020ITEM: 4- 22 - 19
2020-09 Planning Board Draft-Uses and Standards P a g e 20 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Refrigeration Equipment Manufacturing (NAICS 3334) 334 Computer and Electronic Product Manufacturing334 Computer and Electronic Product Manufacturing334 Computer and Electronic Product Manufacturing334 Computer and Electronic Product Manufacturing Audio and Video Equipment Manufacturing (NAICS 3343) P S S P P P Communications Equipment Manufacturing (NAICS 3342) P S S P P P Computer and Peripheral Equipment Manufacturing (NAICS 3341) P S S P P P Navigational, Measuring, Electromedical, and Control Instruments Manufacturing (NAICS 3345) P S P P P P Manufacturing and Reproducing Magnetic and Optical Media (NAICS 3346) P S S P P P Semiconductor and Other Electronic Component Manufacturing (NAICS 3344) P S S P P P 335 Electrical Equipment, Appliance, and 335 Electrical Equipment, Appliance, and 335 Electrical Equipment, Appliance, and 335 Electrical Equipment, Appliance, and Component ManufacturingComponent ManufacturingComponent ManufacturingComponent Manufacturing Electrical Equipment Manufacturing (NAICS 3353) P S S P P P Electric Lighting Equipment Manufacturing (NAICS 3351) P S P P P P Planning Board - October 1, 2020ITEM: 4- 22 - 20
2020-09 Planning Board Draft-Uses and Standards P a g e 21 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Household Appliance Manufacturing (NAICS 3352) P S S P P P Other Electrical Equipment and Component Manufacturing (NAICS 3359) P S P P P P 336 Transportation Equipment Manufacturing336 Transportation Equipment Manufacturing336 Transportation Equipment Manufacturing336 Transportation Equipment Manufacturing Aerospace Product and Parts Manufacturing (NAICS 3364) P S P Motor Vehicle Body and Trailer Manufacturing (NAICS 3362) S S P Motor Vehicle Manufacturing (NAICS 3361) S S P Motor Vehicle Parts Manufacturing (NAICS 3363) P S P Other Transportation Equipment Manufacturing (NAICS 3369) P S P Railroad Rolling Stock Manufacturing (NAICS 3365) P S P Ship and Boat Building (NAICS 3366) P S P Planning Board - October 1, 2020ITEM: 4- 22 - 21
2020-09 Planning Board Draft-Uses and Standards P a g e 22 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 337 Furniture and Related Product Manufacturing337 Furniture and Related Product Manufacturing337 Furniture and Related Product Manufacturing337 Furniture and Related Product Manufacturing Household and Institutional Furniture and Kitchen Cabinet Manufacturing (NAICS 3371) P S S P P P Office Furniture (including Fixtures) Manufacturing (NAICS 3372) P S S P P P Other Furniture Related Product Manufacturing (NAICS 3379) P S S P P P Medical Equipment and Supplies Manufacturing (NAICS 3391) P P P P Other Miscellaneous Manufacturing (NAICS 3399) P S P P P P Intensive IndustryIntensive IndustryIntensive IndustryIntensive Industry Intensive Manufacturing & ProcessingIntensive Manufacturing & ProcessingIntensive Manufacturing & ProcessingIntensive Manufacturing & Processing All Other Miscellaneous Chemical Product and Preparation Manufacturing (NAICS 325998) S Alumina Refining and Primary Aluminum Production (NAICS 331313) S Animal Slaughtering and Processing (NAICS 3116) S Cement Manufacturing (NAICS 32731) S Planning Board - October 1, 2020ITEM: 4- 22 - 22
2020-09 Planning Board Draft-Uses and Standards P a g e 23 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Explosives Manufacturing (NAICS 325920) S Foundries (NAICS 3315) S Lime and Gypsum Product Manufacturing (NAICS 3274) S Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing (NAICS 3253) S Petroleum and Coal Products Manufacturing (NAICS 3241) S Pulp, Paper, and Paperboard Mills (NAICS 3221) S Secondary Smelting and Alloying of Aluminum (NAICS 331314) S Other Intensive Industrial UsesOther Intensive Industrial UsesOther Intensive Industrial UsesOther Intensive Industrial Uses Electricity Generating Facilities S Fuel Bulk Storage Facilities S Mining & Quarrying, High Intensity S* 4.3.5 Mining & Quarrying, Low Intensity S* S* 4.3.5 Sanitary Landfill (NAICS 562212) S* 4.3.5 Warehousing, Storage, & Wholesale Sales and DistributionWarehousing, Storage, & Wholesale Sales and DistributionWarehousing, Storage, & Wholesale Sales and DistributionWarehousing, Storage, & Wholesale Sales and Distribution Dry Stack Boat Storage Facility, Stand-Alone P P P P P Planning Board - October 1, 2020ITEM: 4- 22 - 23
2020-09 Planning Board Draft-Uses and Standards P a g e 24 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Motor Freight Transportation Warehousing P P P P P Recreational Vehicle and Boat Trailer Storage Lot P* P* P* P* P* P* P* 4.3.5 Warehousing P P P* P* P P P 4.3.5 Wholesaling P* P P* P* P* P P 4.3.5 Wholesaling Seafood with Water Frontage P P P Waste & SalvageWaste & SalvageWaste & SalvageWaste & Salvage Commercial Recycling Facility, Large Collection S S S* S* S P* S* P* S* S P**** P* P* P* 4.3.5 Commercial Recycling Facility, Processing S S S* P* P* 4.3.5 Commercial Recycling Facility, Processing and Collection S S S SP* S P* 4.3.5 Commercial Recycling Facility, Small Collection S S S* S* S* S* S S S S S P* P**** P* P* P* S* P* P* P* P* P* 4.3.5 Landfill, Demolition P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.5 Landfill, Landscape P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.5 Junk Yards, Scrap Processing P* 4.3.5 Septage, Sludge Disposal S* 4.3.5 Planning Board - October 1, 2020ITEM: 4- 22 - 24
2020-09 Planning Board Draft-Uses and Standards
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Section 4.3 Standards for Specified Principal Uses
4.3.1 Agricultural Uses
A. All Agricultural Uses
1. Stable
Stables in the AR, R-20S, R-20, and R-15 districts shall comply with the following
standards:
a. No stable shall be erected closer than 100 feet to any property line.
b. A buffer in compliance with Section 5.4 Landscaping and Buffering, shall be
required along property lines adjacent to residential uses.
4.3.2. Residential Uses
A. Household Living
7. Dwelling, Two-Family (Duplex)
Two-family dwellings in the B-2 district shall comply with the standards for multi-family
dwellings.
11. Mobile Home Park
c. Buffering
The mobile home park shall meet the requirements of Section 5.4, Landscaping
and Buffering, except that no decrease in the required 75-foot setback shall be
allowed if a buffer width is increased.
B. Group Living
3. Group Home
Group homes shall comply with the following standards:
a. Group homes shall be limited to six disabled persons living together as a self-
supporting and self-sufficient household unit.
b. No group home shall be occupied or operated without zoning approval.
c. Group homes that are exempt from licensure pursuant to NCGS §122C-22 must
recertify their exemption status annually; and
d. Group homes for special needs persons must recertify qualification of all residents
as special needs persons annually.
e. Parking shall be provided in accordance with Section 5.1, Parking and Loading.
f. Group homes shall not be located closer than 2,000 feet to any other existing group
home, measured by a straight line from the nearest property lines, irrespective of
jurisdictional boundaries. The distance shall be reduced by the right-of-way of a
major thoroughfare exceeding 100 feet, major topographical features such as a
major watercourse, or by major nonresidential or public uses such as a park,
school, or religious institution.
g. Reasonable accommodations shall be provided in accordance with Section
10.3.13, Reasonable Accommodation.
Currently applicable, but
added for clarification
Planning Board - October 1, 2020
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4. Senior Living: Assisted Living Facility
Developments in this category that are not part of a continuing care retirement
community shall comply with the following standards:
a. The minimum lot size is five acres.
b. The minimum parking required is 1.25 spaces per living unit plus one space per
employee on the largest shift.
c. Maximum height shall be limited to 35 feet when buildings are placed within 50
feet of single-family residential lots or parcels.
d. Except as otherwise required by subsection c above, the height of buildings may
be increased to no more than 50 feet when setbacks are increased to equal the
proposed height of the building.
e. The site must be served by public water and sewer.
f. Maximum impervious area shall not exceed 50 percent of the net acreage. In
areas where coastal stormwater rules apply, those limits will supersede this
provision.
g. Open space and improved recreation space shall be provided at a rate of 20
percent of net acreage. Vegetative buffers of not less than 20 feet are required for
all proposals.
h. Traffic impacts and road improvements must be reviewed and approved by the
MPO and NCDOT. Frontage on an arterial or collector roadway is required.
i. All other local state or federal permits or authorizations are required.
5. Senior Living: Continuing Care Retirement Community
a. Standards in All Zoning Districts
Continuing care retirement communities in all zoning districts shall comply with the
following standards:
1. The minimum lot size is 20 acres.
2. The minimum parking spaces required are 1.5 spaces per independent or
assisted living unit plus one space per employee on the largest shift at all
facilities.
3. Maximum impervious area for the total development may not exceed 40
percent of the net acreage. In areas where coastal stormwater rules apply,
those limits will supersede this provision.
4. Commercial uses in the nature of small, neighborhood shops, each not
exceeding 5,000 square feet of gross floor area may occupy up to 2 percent of
the net acreage.
5. Maximum height may not exceed 35 feet for single family structures designated
for seniors or for any building within 50 feet of single family residential lots or
parcels.
6. Except as noted in subsection 5 above, maximum height may be increased to
no more than 50 feet when setbacks are increased to equal the proposed
height of the building.
Planning Board - October 1, 2020
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2020-09 Planning Board Draft-Uses and Standards
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7. Public water and sewer must serve the site.
8. Open space and improved recreational area shall be provided at a rate of 35
percent of net acreage. Improved recreation space shall be appropriate for
seniors at all stages of lifestyle transition, such as ADA accessible walkways,
gardens, and parks.
9. Vegetative buffers of not less than 20 feet are required for all proposals.
10. Traffic impacts and required road improvements must be reviewed and
approved by the MPO and NCDOT. Frontage on an arterial or collector street
is required unless located in a Planned Development and meeting the
requirements outlined below.
11. All other local state or federal permits or authorizations are required.
b. Standards in Planned Development (PD) District
See Section 3.3.7.E.7: Continuing Care Retirement Facility Standards in Planned
Development districts.
4.3.3 Civic & Institutional Uses
B. Civic
1. Animal Shelter
Animal Shelters in R-15, R-20S, and R-20 Districts shall comply with the following
standards:
a. Minimum lot size shall comply with Table a: Animal Shelter Minimum Lot Size,
based on the number of animals kept at the shelter.
TableTableTableTable 4.3.3.B.1.a4.3.3.B.1.a4.3.3.B.1.a4.3.3.B.1.a: Animal Shelter Minimum Lot Size: Animal Shelter Minimum Lot Size: Animal Shelter Minimum Lot Size: Animal Shelter Minimum Lot Size
Number of AnimalsNumber of AnimalsNumber of AnimalsNumber of Animals Minimum Lot SizeMinimum Lot SizeMinimum Lot SizeMinimum Lot Size
1-10 2 acres
11-20 4 acres
21-30 6 acres
For each additional acre beyond six acres, an additional ten animals may be
permitted. The minimum lot size requirements may be waived if the shelter is
constructed to entirely enclosed all facilities so as to adequately protect all animals
from weather extremes and to protect adjacent residences from noise, odors, and
other objectionable characteristics, provided all building setback requirements are
met.
b. All lots on which a shelter is located must have direct access onto a street that
meets the minimum requirements for acceptance and maintenance by the NC
Department of Transportation.
c. All structures shall have side and rear setbacks of 50 feet.
d. All county requirements regarding sewage disposal systems and sanitation control
methods shall be met.
Planning Board - October 1, 2020
ITEM: 4 - 22 - 27
2020-09 Planning Board Draft-Uses and Standards
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e. No outside sign in excess of 2.25 square feet in area shall be permitted.
2. Food Pantry
Any areas utilized for waiting or dining shall be incidental in nature and entirely located
indoors.
3. Lodges, Fraternal, and Social Organizations
Lodges, Fraternal, and Social Organizations in all residential districts except R-20S
shall comply with the following standards:
a. All new sites shall be a minimum of two acres in size.
b. Structures shall have side and rear setbacks of 50 feet and a front yard of at
least 25 feet greater than that required for single family residences within the
district located.
c. Provisions for food, refreshments, and entertainment for club members and
their guests may be allowed in conjunction with such use if the Board of County
Commissioners determines that said provisions will not constitute a nuisance.
4. Religious Assembly
a. Religious Assemblies in the R-7, R-5 and RMF districts shall comply with the
following standards:
1. Religious institutions up to 1,000 or fewer seats are allowed as long as:
i. Structures are limited to a sanctuary or similar main gathering facility that
may also include individual rooms for administration, dining halls, and
classrooms. Accessory structures for maintenance and storage purposes
are permitted.
ii. Signs shall not be internally illuminated.
2. The following uses are prohibited without a special use permit:
i. Outdoor recreational facilities, except those associated with child care
provided as part of the principal use. Such facilities shall be restricted to
“tot lots” or similar play areas.
ii. Schools associated with the institution.
iii. Indoor recreation facilities such as basketball courts or similar facilities.
iv. Religious institutions with more than 1,000 seats, provided that such
facilities shall only be allowed if direct access is provided from a collector
street or minor or major thoroughfare is provided Minor Collector road or
greater as identified on the Wilmington MPO Functional Classification Map.
3. Primary vehicular access to the use shall not be provided by way of a local
residential street.
4. When a religious institution and any associated buildings, outdoor recreation
facilities or off-street parking areas abut a single-family residential district or
use, a buffer shall be provided along the side and rear yards.
b. Religious Assemblies in the B-1, CB, and CS districts shall comply with the
following standards:
Planning Board - October 1, 2020
ITEM: 4 - 22 - 28
2020-09 Planning Board Draft-Uses and Standards
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1. Religious institutions are permitted with no seat limitations if located on a local
street or minor or major thoroughfare Minor Collector road or greater as
identified on the Wilmington MPO Functional Classification Map.
2. Primary vehicular access to the use shall not be provided by way of a local
residential street.
3. When a religious institution any associated buildings, outdoor recreational
facilities, or off-street parking areas abut a single-family residential district or
use, a buffer shall be provided along the side and rear yards.
...
F. Healthcare Facilities
3. Urgent Care Facility
Urgent Care Facilities seeking approval of a heliport as an accessory use must obtain
a Special Use Permit.
G. Recreation, Parks, and Open Space
1. Boating Facility, Community
Community boating facilities shall comply with the following standards:
a. The rights to use such facility must be conferred by an easement appurtenant to
the residential lot it is intended to serve.
b. The applicant shall demonstrate that the project will have minimal impacts on
water quality, primary nursery areas, shellfish grounds, and conservation
resources.
c. Off-street parking will be provided at a ratio of one space per boat slip.
d. The number of boat slips may not exceed the number of residential lots or dwelling
units within the associated development.
e. Commercial activities, including but not limited to the sale of gasoline, oil, marine
supplies and food stuffs, shall be strictly prohibited.
G
H. Transportation
1. Marina, Commercial
Commercial marinas shall comply with the following standards:
a. Commercial Marinas in Residential Districts and B-1 Districts shall comply with
the following standards:
b. A minimum of one off-street parking space per boat slip and one space per 4 dry
storage facilities shall be required.
c. A buffer in compliance with Section 5.5, Landscaping and Buffering shall be
required along all property lines abutting residential property.
d. Night lighting by design and construction shall be contained on the site.
e. A site plan shall be submitted for review and approval.
Relocated to
Minimum Off-
street Parking
Table 5.1.5A
Relocated to
Minimum Off-
street Parking
Table 5.1.5A
Covered in
Landscaping
and Buffering
amendment
of Section 5.4
Planning Board - October 1, 2020
ITEM: 4 - 22 - 29
2020-09 Planning Board Draft-Uses and Standards
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f. The applicant shall demonstrate that the siting of the facility will have minimal
impacts on water quality, primary nursery areas, shellfish grounds, and
conservation resources.
g. Any accessory dry stack boat storage facility must be clearly identified on the
approved site plan, be described in the findings of fact, and meet all accessory
use-specific standards outlined in Section 4.3.5: Standards for Specified
Accessory Uses.
2. Marina, Commercial with Floating Structures
Commercial marinas with floating structures in the R-20S, R-20, R-15, B-1, B-2, I-1,
and I-2 districts shall comply with the following standards:
a. Floating structures shall not be located within 15 feet of the waterward extension
of all property lines.
b. Not more than one dwelling unit per floating structure shall be permitted.
c. A permanent pier, dock, or walkway with adequate night lighting shall join each
floating structure and the adjacent shoreline.
d. Each floating structure shall be inspected and approved by the Building Safety
Department prior to placement in the marina. This approval shall be dependent
upon, but not limited to, approval of the electrical system and the method of
exiting.
e. Each floating structure shall be provided with permanent water and sewer
systems approved by the New Hanover County Health Department. All
wastewater piping from the unit shall be constructed to the NC State Plumbing
Code. No overboard discharge openings through the hull or structure shall be
permitted except for one dewatering pipe which may not be connected to
wastewater piping.
f. A system for collection and removal of solid wastes and refuse shall be approved
by the New Hanover County Health Department.
g. A minimum of two off-street parking spaces per floating structure shall be provided
on-shore.
h. A minimum of 2,000 square feet of gross land area contiguous and above mean
high water shall be provided for each floating structure on-shore.
i. A site plan shall be submitted for approval showing all improvements as required
by this ordinance.
j. Any floating structure existing prior to the original adoption of these use standards
on April 2, 1984 was required to conform within one year of that date.
k. The applicant shall demonstrate that the siting of the facility will have minimal
impacts on water quality, primary nursery areas, shellfish grounds, and
conservation resources.
Updated and
relocated to
Minimum Off-
street Parking
Table 5.1.5A
Planning Board - October 1, 2020
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4.3.4 Commercial Uses
A. Amusement and Entertainment Uses
2. Electronic Gaming Operation
Electronic gaming operations shall comply with the following standards:
a. Hours of operation shall be limited to 8:00 am through 12:00 midnight, seven days
per week.
b. Alcohol sales or consumption shall be prohibited.
c. The maximum number of machines/terminals/computers for any electronic gaming
operation business is ten.
d. All food or beverage to be served or distributed by the establishment must meet
the requirements of the New Hanover County Environmental Health Department,
including any and all permits and licenses.
e. Fire Services shall set an occupancy limit for the establishment prior to submission
of an application.
f. Maximum daily cash payout shall not exceed $600. Winning which exceed this
amount shall be paid out in the form of a check or credit. All establishments
engaged in internet and sweepstakes operations must comply with all reporting
requirements regulated by the Internal Revenue Service.
g. Any building and/or zoning permits issued for electronic gaming and sweepstakes
operations shall be subject to annual review (from the date of approval) to ensure
compliance with all relevant regulations and conditions.
h. Required off-street parking shall be one space for each 100 square feet of gross
floor area or one space for every two terminals/computers, whichever is greater,
and must comply with all other provisions of this ordinance.
i. Electronic gaming operations shall be located a minimum distance of 500 feet,
measured in a straight line in any direction from closest point of the building and
parking lot of the proposed business to the property line of any of the following:
i. A residence or a residential zoning district
ii. A place of worship or other religious institution
iii. A day care center or public or private school
iv. A public park, playground, or public library
v. Another electronic gaming operation
vi. An adult entertainment establishment
j. Applicants shall submit a current straight line drawing prepared within 30 days prior
to the application by a registered surveyor, depicting the property lines and the
structures containing any of the above uses and the straight line measurements to
each. A use outlined under subsection h above, shall be considered to be existing
or established if it is in place or actively under construction at the time an
application is submitted. Residential zoning districts shall be based upon the most
current official zoning map.
Relocated to
Minimum Off-
street Parking
Table 5.1.5A
Planning Board - October 1, 2020
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k. All legally operating gaming operations made nonconforming by adoption of this
section shall be removed or brought into compliance with these provisions within
60 months of the date of adoption of this section.
3. Event Center
Event Centers in the B-1 and CB Districts shall be limited to indoor operations only,
except that outdoor operations may be allowed in these districts if approved by a
Special Use Permit.
4. Indoor Recreation Establishment
Indoor recreation establishments in residential districts and in the O&I District shall
comply with the following standards:
a. Buffers adequate to screen adjoining residential uses from the effects of light and
noise generated on the site shall be provided.
b. All buildings shall be set back from the right-of-way at least 50 feet and 100 feet
if the site is in the Special Highway Overlay District.
c. Signage shall be limited to one ground sign not to exceed 32 square feet and shall
be set back from the right-of-way at least 25 feet.
d. Access to the site shall be to a US or NC numbered road or to a collector road
provided by a Minor Collector road or greater, as designated on the Wilmington
MPO Functional Classification Map.
e. As part of Special Use Permit, other conditions deemed by the Commissioners
necessary to promote the health, safety, and welfare of the community may be
added.
5. Outdoor Recreation Establishment
Outdoor recreation establishments in residential districts and the O&I District shall
comply with the following standards:
a. Buffers adequate to screen adjoining residential uses from the effects of light and
noise generated on the site shall be provided.
b. All buildings shall be set back from the right-of-way at least 50 feet and 100 feet
if the site is in the Special Highway Overlay District.
c. Signage shall be limited to one ground sign not to exceed 32 square feet and shall
be set back from the right-of-way at least 25 feet.
d. Access to the site shall be to a US or NC numbered road or to a collector road
provided by a Minor Collector road or greater, as designated on the Wilmington
MPO Functional Classification Map.
e. As part of a Special Use Permit, other conditions deemed by the Commissioners
necessary to promote the health, safety, and welfare of the community may be
added.
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B. Animal Services
1. Animal Grooming Service
Animal Grooming Services within the B-1, CB, and O&I Districts shall not include
outdoor runs or play areas.
2. Equestrian Facility
Equestrian facilities in the AR, R-20S, R-20, and R-15 districts shall comply with the
following standards:
a. No stable shall be erected closer than 100 feet to any property line.
b. A buffer in compliance with Section 5.4, Landscaping and Buffering shall be
required along property lines adjacent to residential uses.
3. Kennel
Kennels in the R-15, R-20S, and R-20 districts shall comply with the following
standards:
a. Minimum lot size shall comply with Table a: Minimum Lot Size for Kennel, based
on the number of animals kept on site. For each additional acre beyond six acres,
an additional ten animals may be permitted. The minimum lot size requirements
may be waived if the shelter is constructed to entirely enclosed all facilities so as
to adequately protect all animals from weather extremes and to protect adjacent
residences from noise, odors, and other objectionable characteristics, provided all
building setback requirements are met.
TableTableTableTable 4.3.4.B.3.a4.3.4.B.3.a4.3.4.B.3.a4.3.4.B.3.a: Minimum Lot Size for Kennel: Minimum Lot Size for Kennel: Minimum Lot Size for Kennel: Minimum Lot Size for Kennel
Number of AnimalsNumber of AnimalsNumber of AnimalsNumber of Animals Minimum Lot SizeMinimum Lot SizeMinimum Lot SizeMinimum Lot Size
1-10 2 acres
11-20 4 acres
21-30 6 acres
b. All lots on which a shelter is located must have direct access onto a street that
meets the minimum requirements for acceptance and maintenance by the NC
Department of Transportation.
c. All structures shall have side and rear setbacks of 50 feet.
d. All county requirements regarding sewage disposal systems and sanitation control
methods shall be met.
e. No outside sign in excess of 2.25 square feet in area shall be permitted.
E. Lodging
1. Bed and Breakfast Inn
Bed and breakfast inns in the RA, AR, R-20S, R-20, and R-15 districts shall comply
with the following standards:
a. A minimum of one off-street parking space per bedroom and one off-street parking
space per employee shall be required.
Relocated to
Minimum Off-
street Parking
Table 5.1.5A
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b. No lighting beyond normal residential lighting is allowed.
c. The only signage allowed shall be one attached wall sign no greater than four
square feet.
H. Retail Sales
1. Convenience Store
Convenience stores in the RA, AR, R-15, R-10, and R-7 Districts shall comply with the
following standards:
a. The total amount of land devoted to such use shall not exceed one acre.
b. The gross square footage of the structure shall not exceed 3,000 square feet.
c. The use shall be limited to providing convenience food sales and gasoline sales to
the surrounding residential area, provided that vehicular service such as, but not
limited to, auto repair, sale of auto accessories, washing, etc. shall not be
permitted.
d. A convenience food store shall not be permitted within the interior of a subdivision.
e. Specifications for a proposed principal use sign shall be submitted with the
application for the Special Use Permit.
f. Off-street parking shall meet the requirements outlined in Section 5.1, Parking and
Loading for retail use.
g. Fuel sales may be approved provided such sales shall be limited to one pump
island located a minimum distance of 30 feet from any street right-of-way and 40
feet from any side or rear lot line. Overhead canopies shall be measured in
accordance with Section 4.3.4.I.2.b.
I. Vehicle & Equipment Sales & Service
1. Car Wash
Car washes in the CB District shall comply with the following standards:
a. No outdoor work shall be performed except in areas designated for such activity
on an approved site plan.
b. Additional buffering and screening may be required where such use is located in
close proximity to residential or retail commercial uses.
c. The premises shall not be used for the sale of vehicles.
2. Fuel Sales
Fuel sales in all districts where allowed shall comply with the following standards:
a. Additional buffering and screening may be required where such use is located in
close proximity to residential or retail commercial uses.
b. The premises shall not be used for the sale of vehicles.
c. Fuel pump canopies shall meet the setbacks of the underlying zoning district, as
measured from the outer edge of any supportive structure physically connected to
a fuel pump and the ground along a straight line to the nearest point of the property
line.
d. Setback distances from street rights-of-way may be reduced by one-half.
Relocated to
Minimum Off-
street Parking
Table 5.1.5A
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e. Fuel sales in the R-15 District shall comply with the following standards:
f. Fuel sales may be allowed in conjunction with a convenience store use Special
Use Permit.
g. Such sales shall be limited to one pump island located a minimum distance of 30
feet from any street right-of-way and 40 feet from any side or rear lot line.
4. Vehicle Service Station, Minor
Minor vehicle service stations in the B-1 and CB Districts shall comply with the
following standards:
a. No automobile towing operations are allowed.
b. All repair work or lubrication shall be conducted within the principal building. All
permanent storage of materials, merchandise, or repair and servicing equipment
shall be contained within the principal building.
c. No operator shall permit the storage of motor vehicles for a period in excess of 24
hours unless the vehicles are enclosed in the principal building.
d. Service or customer vehicles shall be parked on the premises in a manner that will
not create traffic hazards or interfere with the vehicular maneuvering area
necessary to enter or exit the site.
e. The premises shall not be used for the sale of vehicles.
f. No outdoor work shall be performed except in areas designated for such activity
on an approved site plan.
g. Outdoor work areas shall be fenced, walled, or screened to minimize on-site and
off-site noise, glare, odor, or other impacts.
h. Additional buffering and screening may be required where such use is located in
close proximity to residential or retail commercial uses.
4.3.5 Industrial Uses
B. Industry & Manufacturing
1. Artisan Manufacturing
Artisan manufacturing in the B-1 and CB Districts shall comply with the following
standards:
a. One or more accessory uses, such as tasting room, tap room, a restaurant, retail,
demonstration area, education and training facility or other incidental use open and
accessible to the public shall be included.
b. Required parking shall be calculated based on the square footage proposed for
each use.
c. Storage of materials, including silos, products for distribution, and other items
requiring long-term storage shall be allowed in areas behind a building, within
service alleys, in an enclosed building, or otherwise screened from the public right-
of-way, pedestrian way, and adjacent residential properties.
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d. Off-site distribution via tractor trailer is only permitted if the truck traffic is limited to
streets classified as arterials on the Wilmington MPO Functional Classification
Map.
D. Warehousing, Storage, & Wholesale Sales and Distribution
1. Recreational Vehicle and Boat Trailer Storage Lot
Recreational vehicle and boat trailer storage lots shall comply with the following
standards:
a. The use shall be solely open-air and ground level. No enclosing or overhead
covering structures shall be installed.
b. Access shall be from a public or private street right-or-way.
c. A minimum buffer of 20 feet shall be provided in accordance with the provisions
of Section 5.5: Landscaping and Buffering.
d. All site lighting shall be located so as not to shine or reflect directly onto any
adjacent residential zoning districts and/or uses.
e. Repair, maintenance, or habitation of any recreational vehicle or boat stored in
the facility is prohibited.
2. Warehousing
Storage of live animals, explosives, and flammable gases or liquids is prohibited in
warehousing in the B-2 and CS Districts.
3. Wholesaling
Wholesaling shall comply with the following standards:
a. Wholesaling of live animals, explosives, and flammable gases or liquids is
prohibited in the B-2 and CS Districts.
b. No outside storage is allowed in the PD, B-2, and AC Districts.
E. Waste & Salvage
1. Commercial Recycling Facility, Large Collection
Large collection commercial recycling facilities shall comply with the following
standards:
a. The facility may be larger than 500 square feet and on a separate property or tract
of land.
b. Facilities permitted by special use permit shall be limited to receiving only paper,
glass, metal, and plastic recyclable products.
c. The site must be monitored daily to maintain sanitary conditions.
d. The facility and its appurtenant uses shall not be located closer than 100 feet to
any residentially-zoned property.
e. All landscaping shall be in accordance with Section 5.4, Landscaping and
Buffering.
f. Loading and outside storage shall comply with the following standards:
Covered by
Exterior Lighting
amendment of
Section 5.5
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i. All loading and outside storage shall be to the side and/or rear of the
building.
ii. Storage or loading conducted on the side of the building shall be screened
from view from the adjacent right-of-way.
iii. All exterior storage shall be in containers or under shelters that are covered
and secured.
iv. No outside storage shall be visible from residentially-zoned property.
g. The facility may not operate between the hours of 7:00 PM and 7:00 AM when
adjacent to residentially-zoned property.
h. A site plan illustrating the above shall be submitted before an occupancy permit is
issued by the Building Safety Department.
2. Commercial Recycling Facility, Processing
Processing commercial recycling facilities shall comply with the following standards:
a. The facility and its appurtenant uses shall not be located closer than 150 feet to
any residentially-zoned properties.
b. The facility shall meet the applicable setback requirements of Section 3.1.3,C.
Setback Requirements, and landscaping requirements of Section 5.4,
Landscaping and Buffering.
c. Power-driven equipment is permitted.
d. Loading and outside storage shall comply with the following standards:
i. All loading and exterior storage shall be to the side or rear of the building.
ii. Storage or loading conducted to the side of the building shall be screened
from view from the adjacent right-of-way.
iii. All exterior storage shall be in containers or under shelters that are covered
and secured.
iv. No outside storage shall be visible from residentially-zoned properties.
e. The facility shall not emit dust, smoke fumes, or vibrations detectable on adjacent
properties.
f. A site plan illustrating the above shall be submitted before an occupancy permit
is issued by the Building Safety Department.
3. Commercial Recycling Facility, Processing and Collection
Commercial Recycling Facilities, Processing and Collection shall meet the standards
of Commercial Recycling Facility, Processing and either Commercial Recycling
Facility, Large Collection or Commercial Recycling Facility, Small Collection,
whichever collection use is applicable. In the event where there is a conflict in
standards between the Processing use and applicable Collection use, the most
stringent standards shall apply.
4. Commercial Recycling Facility, Small Collection
Small collection commercial recycling facilities shall comply with the following
standards:
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a. The facility may not exceed 500 square feet in size.
b. Facilities shall be limited to receiving only paper, glass, metal, and plastic
recyclable products.
c. The facility must be located on a host tract, provided is does not occupy parking
spaces needed by the primary use to comply with the requirements of Section
5.1, Parking and Loading.
d. The facility must be set back at least 10 feet from any street right-of-way and
provide streetyard plantings in accordance with Section 5.4, Landscaping and
Buffering.
e. The facility shall be located at least 100 feet from any residentially zoned property
line.
f. The facility shall be buffered from adjacent residential lots or districts in
accordance with Section 5.4, Landscaping and Buffering.
g. No power-driven equipment is allowed except collection trucks.
h. Containers shall be constructed of durable, waterproof, and rustproof materials.
i. No material storage outside the container is allowed.
j. No signage other than an identification logo not exceeding ten square feet
attached to the storage container is allowed.
k. At least one parking space shall be designated for attendants.
l. The name, address, and phone number of the organization and/or persons
responsible for pick-ups and maintenance of the facility shall be displayed on the
container.
m. The site must be monitored daily to maintain sanitary conditions.
n. The facility shall not reduce the landscaping required for any concurrent use.
o. A site plan illustrating the above shall be submitted before an occupancy permit
is issued by the Building Safety Department.
5. Landfill, Demolition
Demolition landfills shall comply with the following standards:
a. A site plan for the proposed demolition landfill meeting the requirements outlined
in Section 10.3.6, Site Plan, shall be submitted to the NHC Environmental Health
and Planning and Land Use departments for review and approval in accordance
with NC Solid Waste Management Rules.
b. No demolition landfill shall be located within 500 feet of any residence, church,
school, and/or place of assembly nor within 100 feet from any stream, creek,
canal, marsh, estuarine waters, lake, river, and/or impoundment.
c. The filling of lower lying areas with demolition materials may be subject to Army
Corps of Engineers 404 permits and the Division of Coastal Management’s major
CAMA permit.
d. All demolition landfills shall have access from a platted and recorded road and
each site shall be accessed only through an arterial or collector street.
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e. A buffer shall be required which shall consist of a minimum of 3 rows of vegetation
in accordance with Section 5.4 Landscaping and Buffering, or earthen berms with
screening plants of sufficient height to screen the landfill area from view.
f. Protected trees are not required to be retained within the disposal area.
g. The developer/owner shall be responsible for obtaining a Sedimentation and
Erosion Permit.
h. Demolition landfills shall not exceed 30 feet in height with side slopes not to
exceed a 3 horizontal:1 vertical ratio.
i. One temporary sign not exceeded 32 square feet in area shall be erected on the
site during the period that landfilling activity is permitted. The sign is to include
the owner/operator’s name and telephone number and the hours of operation.
Upon cessation of the landfill, the sign shall be dismantled and removed with the
exception of the landfill closure notification sign which shall be removed six
months after closure.
j. After obtaining all necessary permits, the owner/developer shall have prepared a
legal description that would be sufficient as an instrument of conveyance of the
property. This description, along with a site map and a certified copy of applicable
permits shall be filed for recordation with the Register of Deeds. The documents
shall be filed under the name of the owner and shall specifically state that the site
was granted a permit for disposal of demolition debris. After these documents
have been properly recorded, a certified copy shall be filed with the Planning &
Land Use Department.
k. The developer/owner of the disposal site shall provide free and unobstructed
access during normal operation hours to county officials charged with the
administration of this ordinance.
l. In addition to the enforcement remedies of this ordinance, the operator shall also
be subject to the penalties prescribed in Section .0700 of 10 NCAC 10 G.
m. All existing landfills that do not have a valid permit shall comply with these
regulations immediately.
6. Landfill, Landscape
Landscape landfills shall comply with the following standards:
a. A site plan for the proposed landscape landfill meeting the requirements outlined
in Section 10.3.6, Site Plan, shall be submitted to the NHC Environmental Health
and Planning and Land Use departments for review and approval in accordance
with NC Solid Waste Management Rules.
b. No landscape landfill shall be located within 500 feet of any residence, church,
school, and/or place of assembly nor within 100 feet from any stream, creek, canal,
marsh, estuarine waters, lake, river, and/or impoundment.
c. The filling of lower lying areas with landscape materials may be subject to Army
Corps of Engineers 404 permits and the Division of Coastal Management’s major
CAMA permit.
d. The developer/owner of the disposal site shall provide free and unobstructed
access during normal operation hours to county officials charged with the
administration of this ordinance.
Reference is no
longer valid.
Compliance with
all applicable state
laws is required,
beyond UDO
Covered by
Tree Retention
amendment of
Section 5.3
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e. In addition to the enforcement remedies of this ordinance, the operator shall also
be subject to the penalties prescribed in Section .0700 of 10 NCAC 10G.
f. All existing landfills that do not have a valid permit shall comply with these
regulations
g. The disposal of naturally occurring materials such as stumps, limbs, leaves, and
dirt, that are generated on-site during the construction of residential projects are
permitted with no further standards provided the material does not exceed a 0.5-
acre footprint.
h. All other landscape landfills must comply with the following standards:
i. The landfill shall have access from a platted and recorded road and each
site shall be accessed only through an arterial or collector street.
ii. A buffer shall be required which shall consist of a minimum of 3 rows of
vegetation in accordance with Section 5.4 Landscaping and Buffering, or
earthen berms with screening plants of sufficient height to screen the
landfill area from view.
iii. Protected trees are not required to be retained within the disposal area.
iv. The developer/owner shall be responsible for obtaining a Sedimentation
and Erosion Permit.
v. Landscape landfills shall not exceed 30 feet in height with side slopes not
to exceed a 3 horizontal:1vertical ratio.
vi. One temporary sign not exceeded 32 square feet in area shall be erected
on the site during the period that landfilling activity is permitted. The sign
is to include the owner/operator’s name and telephone number and the
hours of operation. Upon cessation of the landfill, the sign shall be
dismantled and removed with the exception of the landfill closure
notification sign which shall be removed 6 months after closure.
vii. After obtaining all necessary permits, the owner/developer shall have
prepared a legal description that would be sufficient as an instrument of
conveyance of the property. This description, along with a site map and a
certified copy of applicable permits shall be filed for recordation with the
Register of Deeds. The documents shall be filed under the name of the
owner and shall specifically state that the site was granted a permit for
disposal of demolition debris. After these documents have been properly
recorded, a certified copy shall be filed with the Planning & Land Use
Department.
Covered by Tree
Retention
amendment of
Section 5.3
Reference is no
longer valid.
Compliance with all
applicable state
laws is required,
beyond UDO
Planning Board - October 1, 2020
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Section 4.4 Accessory Use and Structure Standards
Table 4.4.3Table 4.4.3Table 4.4.3Table 4.4.3: Accessory Use Table: Accessory Use Table: Accessory Use Table: Accessory Use Table
Key: PPPP = Permitted by Right SSSS = Special Use Permit Required blank cell = not allowed
Accessory Accessory Accessory Accessory UsesUsesUsesUses Zoning DistrictsZoning DistrictsZoning DistrictsZoning Districts
RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Accessory Dwelling Unit P P P P P P
Accessory Structure P P P P P P P P P P P P P P P P P P P P P P P
Accessory Use,
Customary P P P P P P P P P P P P P P P P P P P P P P P
Dry Stack Boat Storage
Facility, at a Marina S S S S P P P P P P
Electronic Gaming
Operation P P P P
Electric Vehicle Charging
Station P P P P P P P P P P P P P P P P P P P P P P P
Farm Stand P P P P P P P P P
Home Occupation P P P P P P P P P P P P P P P P P P P P P P P
Residential Private Pier P P P P P P P P P P P P P
Solar Energy Collection
Facility, Accessory P P P P P P P P P P P P P P P P P P P P P P P
Stormwater Facilities on
Contiguous Properties P P P P P P P P P P P P P P P P P P P P P P P
Wind Energy Collection
Facility, Accessory P P P P P P P P P P P P P P P P P P P P P P P
4.4.4 Standards for Specified Accessory Uses and Structures
E. Electronic Gaming Operation
Electronic gaming operations shall comply with the following standards:
a. The principal commercial operation must be permitted as a use by right.
b. The operation shall be located within the same structure or unit as the principal
use.
c. The maximum number of machines/terminals/computers allowed per business
units is two devices.
d. For situations in which there are multi-unit or multi-tenant commercial buildings
and more than one unit wishes to include gaming operations, a special use permit
meeting the standards of Section 4.3, Standards for Specified Principal Uses, is
required. In no case can the cumulative total number of machines for a business
center, multi-unit or multi-tenant building exceed ten.
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e. Off-street parking shall include one additional space per machine over and above
the normal parking standards for the uses principal use in accordance with Section
5.1 Parking and Loading, and all parking must comply with all other provisions of
Section 5.1 Parking and Loading.
H. Solar Energy Collection Facility, Accessory
Accessory Solar Energy Collection Facilities shall comply with the following standards:
a. Roof-mounted solar energy collection facilities shall not extend beyond the exterior
perimeter or beyond the roof peak of the building on which the collection facility is
mounted or built.
b. Ground-mounted solar energy collection facilities shall meet the minimum
requirements for accessory structures.
J. Wind Energy Collection Facility, Accessory
Accessory Wind Energy Collection Facilities shall comply with the following standards:
a. No equipment shall exceed the maximum height permitted in the zoning district.
b. All equipment, including foundation, turbines, and guy wires, shall meet the
minimum required setbacks for the principal structure, and no ground-mounted
wind energy collection facility shall be allowed within any portion of a front yard.
c. In the case of ground-mounted wind energy collection facilities, such facilities shall
be set back from all adjoining property lines a distance equal to the height of the
facility.
d. An applicant shall provide proof of an automatic braking, governing, or feathering
system to prevent uncontrolled rotation, over speeding, or excessive pressure on
the wind energy collection facility, including rotor blades and turbine components.
e. The operator of a wind energy collection facility shall maintain general liability
insurance coverage for the installation and operation of the facility under a
standard homeowner’s or standard business owner’s insurance policy, separate
and distinct from any insurance requirements of a public utility.
Planning Board - October 1, 2020
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Section 4.5 Temporary Use Standards
Table 4.5.3: TempTable 4.5.3: TempTable 4.5.3: TempTable 4.5.3: Temporary Use Tableorary Use Tableorary Use Tableorary Use Table
Key: Key: Key: Key: PPPP = Permitted by Right = Permitted by Right = Permitted by Right = Permitted by Right blank cellblank cellblank cellblank cell = not allowed= not allowed= not allowed= not allowed
Temporary UsesTemporary UsesTemporary UsesTemporary Uses
Zoning DistrictsZoning DistrictsZoning DistrictsZoning Districts RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 I-2 Circuses, Carnivals, and
Fairs P P P P P P P
Construction Office P P P P P P P P P P P P P P P P P P P P P P P
Debris Site P P P P P P P P P P P P P P P P P P P P P P P
Farmers’ Market P P P P P P P P P P P P P P
Seasonal Sales P P P P P P P P P P P
Special Fundraising for
Non-profit Organizations P P P P P P P P P P P P P P P P P P P P P P
Temporary Emergency
Services Facility P P P P P P P P P P P P P P P P P P P P P P P
Temporary Family
Healthcare Structure P P P P P P P P P P P P P P P P P P P P P P P
Temporary Real Estate
Office/Model P P P P P P P P P P P P P P P P P P P P P P P
Temporary Relocation
Housing P P P P P P P P P P P P P P P P P P P P P P P
Travel Trailers See Section 4.3.4.5 for Campground/Recreational Vehicle (RV) Park standards
4.5.4 Standards for Specified Temporary Uses
C. Debris Site
Debris Sites shall comply with the following standards:
a. No debris may be located so as to encroach into, or wholly or partially obstruct,
any street, right-of-way, driveway, building, sidewalk, multi-use path, fire lane, fire
hydrant, or other public infrastructure or utility easement.
b. Debris sites are limited to no more than 30 total consecutive calendar days at
any one time, unless granted an extension by the Planning Director.
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Section 5.1 Parking and Loading
To be included in Table 5.1.2.A: Minimum Off-Street Parking
New or Clarified Use Parking Requirement
Animal Grooming Service 4/1,000 sf
Auction House 2.5/1,000 sf
Commercial Kitchen, Catering 1.5/1,000 sf
Community Garden No minimum
Data Center 1.5/1,000 sf
Emergency Services Facility 2.5/1,000 sf
Event Center 5/1,000 sf
Food Pantry 2.5/1,000 sf
Hospice 1 space/4 beds
Instructional Services and
Studios 2.5/1,000 sf
Microbrewery/Microdistillery 8/1,000 sf seating area
Oil or Gas Dealer, Retail 2.5/1,000 sf
Transportation Vehicle Service
and Storage Facility
2.5/1,000 sf indoor office space
plus 1 per repair bay
Urgent Care Facility 3.5/1,000 sf
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ITEM: 4 - 22 - 44
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Section 3.3 Mixed Use Zoning Districts
3.3.7 PLANNED DEVELOPMENT (PD) DISTRICT
Table 3.3.7.E.2: PD District Development Standards Subject to
Modification
Standard Means to ModifyMeans to ModifyMeans to ModifyMeans to Modify
Article 5: General Development Standards
Section 5.1 Parking and Loading MPD Master Plan
Section 5.2 Traffic, Access, and Connectivity MPD Master Plan
Section 5.3 Tree Retention No modification
Section 5.4 Landscaping and Buffering No modification
Section 5.5 Exterior Lighting MPD Master Plan
Section 5.6 Signs MPD Master Plan
Section 5.7 Conservation Resources No modification
Section 5.8 Open Space Requirements MPD Master Plan
Section 5.9 Fire Hydrants No modification
Section 5.10 Airport Height Restriction No modification
Article 6: Subdivision Design and Improvements
Section 6.1 General Purpose No modification
Section 6.2 Design Standards MPD Master Plan
Section 6.3 Improvements MPD Master Plan
Article 7: Stormwater Management (reserved)
Article 8: Erosion and Sedimentation Control No modification (reserved)
Article 9: Flood Damage Prevention No modification
Article 8: Erosion and Sedimentation Control
Section 8.1. Title
This Article may be cited as the “New Hanover County Soil Erosion and Sedimentation Control
Ordinance.”
Section 8.2. Purposes
This Article is adopted for the purpose of:
A. Regulating certain land-disturbing activity to control accelerated erosion and
sedimentation in order to prevent the pollution of water and other damage to lakes,
watercourses, and other public and private property by sedimentation; and
B. Establishing procedures through which these purposes can be fulfilled.
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Section 8.3. Definitions
ACCELERATED EROSION
Any increase over the rate of natural erosion as a result of land-disturbing activity.
ACT
The North Carolina Sedimentation Pollution Control Act of 1973 in G.S. 113A-50, et seq. and all
rules and orders adopted pursuant to it.
ADEQUATE EROSION CONTROL MEASURES, STRUCTURE, OR DEVICES, OR STRUCTURES
A measure, structure, or Erosion control devices or structures which that controls the soil
material within the land area under responsible control of the person conducting the land-
disturbing activity.
AFFILIATE
A person that directly, or indirectly through one or more intermediaries, controls, is controlled by,
or is under common control of another person.
Approving Authority
The Division or other State or a Local Government agency that has been delegated erosion and
sedimentation Plan review responsibilities in accordance with the provisions of the Act.
BEING CONDUCTED
A land-disturbing activity has been initiated and permanent stabilization of the site has not been
completed not deemed complete by the approving authority.
BORROW
Fill material which that is required for on-site construction and is obtained from other locations.
BUFFER ZONE
The strip of land adjacent to a lake or natural watercourse.
COASTAL COUNTIES
The following counties: Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Craven,
Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow, Pamlico, Pasquotank, Pender,
Perquimans, Tyrrell, and Washington.
COMMISSION
The North Carolina Sedimentation Control Commission
Common Plan of Development
A contiguous area where multiple separate and distinct land-disturbing activities may be taking
place at different times and on different schedules under one common plan. The “Common
Plan” of development or sale indicates construction activities are planned to occur on a specific
plot regardless of ownership of the parcels.
COMPLETION OF CONSTRUCTION OR DEVELOPMENT
No further land-disturbing activity is required on a phase of a project except that which, as
determined by the approving authority, is necessary for establishing a permanent ground cover.
DEPARTMENT
The North Carolina Department of Environmental Quality. and National Resources.
DIRECTOR
The Director of the Division of Energy, Mineral, and Land Resources of the N.C. Department of
Environmental Quality and Natural Resources.
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DISCHARGE POINT
That point at which stormwater runoff leaves a tract of land where a land-disturbing activity has
occurred or enters a lake or natural watercourse.
DISTRICT
The New Hanover County Soil and Water Conservation District created pursuant to Chapter
139, North Carolina General Statutes.
Division or DEMLR
The Division of Energy, Mineral, and Land Resources of the Department of Environmental
Quality.
ENERGY DISSIPATER
A structure or a shaped channel section with mechanical armoring placed at the outlet of pipes
or conduits to receive and break down the energy from high velocity flow.
EROSION
The wearing away of land surfaces by the action of wind, water, gravity, or any combination
thereof.
GROUND COVER
Any natural vegetative growth or other material which that renders the soil surface stable
against accelerated erosion.
HIGH QUALITY WATER
Those classified as such described in 15A NCAC 2B.0101 02B .0224 (e)(5)- General
Procedures, which is incorporated herein by reference to include further subsequent
amendments and editions pursuant to G.S. 150B-14(c).
HIGH QUALITY WATER (HQW) ZONES
Areas in the Coastal Counties that are within 575 feet of High Quality Waters; and for the
remainder of the State, areas that are within one mile of and draining to HQW’s.
LAKE OR NATURAL WATERCOURSE
Any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary, and
any reservoir, lake or pond. , natural or impounded, in which sediment may be moved or carried
in suspension, and which could be damaged by accumulation of sediment
LAND-DISTURBING ACTIVITY
Any use of the land by any person in residential, industrial, educational, institutional, or
commercial development, highway or road construction and maintenance that results in a
change in the natural cover or topography and that may cause or contribute to sedimentation.
LOCAL GOVERNMENT
Any County, incorporated village, town, or city, or any combination of counties, incorporated
villages, towns, and cities, acting through a joint program pursuant to the provisions of the Act.
NATURAL EROSION
The wearing away of the earth’s surface by water, wind, or other natural agents under natural
environmental conditions undisturbed by man as defined in G.S. 113A-52(5).
PARENT
An affiliate that directly, or indirectly through one or more intermediaries, controls another
person.
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PERSON
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.
PERSON CONDUCTING LAND-DISTURBING ACTIVITY
Any person who may be held responsible for a violation unless expressly provided otherwise by
this Ordinance, the Act, or any order adopted pursuant to this Ordinance or the Act.
PERSON RESPONSIBLE FOR THE VIOLATION
A. The developer or other person who has or holds himself out as having financial or
operational control over the land-disturbing activity; or
B. The landowner or person in possession or control of the land that has directly or
indirectly allowed the land-disturbing activity, or has benefited from it or failed to comply
with a duty imposed by any provision of this Ordinance, the Act, or any order adopted
pursuant to this Ordinance or the Act.
Person Who Violates or Violator
Any land owner or other person who has financial or operational control over the land-disturbing
activity; or who has directly or indirectly allowed the activity, and who has failed to comply with
any provision of the Act, or Ordinance adopted pursuant to the Act, as it imposes a duty upon
that person as used in G.S. 113A-64.
PHASE OF GRADING
One of two types of grading: rough or fine.
PLAN
An erosion and sedimentation control Plan.
Secretary
The Secretary of Environmental Quality.
SEDIMENT
Solid particulate matter, both mineral and organic, that has been or is being transported by
water, air, gravity, or ice from its site of origin.
SEDIMENTATION
The process by which sediment resulting from accelerated erosion has been or is being
transported off the site of the land-disturbing activity or into a lake or natural watercourse.
SILTATION
Sediment resulting from accelerated erosion which is settleable or removable by properly
designed, constructed and maintained control measures; and which has been transported from
its point of origin within the site of a land-disturbing activity; and which has been deposited, or is
in suspension in water.
STORM DRAINAGE FACILITIES
The system of inlets, conduits, channels, ditches, and appurtenances which that serve to collect
and convey stormwater through and from a given drainage area.
STORMWATER RUNOFF
The surface flow of water resulting from precipitation in any form and occurring immediately
after rainfall or melting.
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SUBSIDIARY
An affiliate that is, directly or indirectly through one or more intermediaries, controlled by another
person.
TEN-YEAR STORM
The stormwater runoff resulting from precipitation A rainfall of an intensity that based on
historical data, is predicted, by a method acceptable to the approving authority, described in to
be expected to be equaled or exceeded, on the average, once in ten 10 years, and of a duration
which that will produce the maximum peak rate of runoff, for from the watershed of interest
under average antecedent wetness conditions.
TRACT
All continuous land and bodies of water being disturbed or to be disturbed as a unit, regardless
of ownership.
TWENTY-FIVE YEAR STORM OR Q25
The stormwater runoff resulting from precipitation A rainfall of an intensity that, based on
historical data is predicted, by a method acceptable to the approving authority expected to be
equaled or exceeded, on the average, one in 25 years, and of a duration which that will produce
the maximum peak rate of runoff, for from the watershed of interest under average antecedent
wetness conditions.
UNCOVERED
The removal of ground cover from, on, or above, the soil surface.
UNDERTAKEN
The initiating of any activity, or phase of activity, which that results or will result in a change in
the ground cover or topography of a tract of land.
VELOCITY
The speed average velocity of flow through the a cross-section of the main channel at the peak
flow of the storm of interest. The cross section perpendicular to the direction of the main
channel at peak flow of the storm of interest but not exceeding bank full flows. shall be that area
defined by the geometry of the channel plus the area of flow below the flood height defined by
vertical lines at the main channel banks. Overload flows are not to be included for the purpose
of computing velocity of flow.
WASTE
Surplus materials resulting from on-site land-disturbing activities, and being to be disposed of at
other locations offsite.
WORKING DAYS
Days exclusive of Saturday and Sunday and Federal and State holidays unless work is being
conducted on these holidays, during which weather conditions or soil conditions permit land-
disturbing activity to be undertaken.
Section 8.4. Scope and Exclusions
A. This Ordinance shall apply to land-disturbing activities within the following territorial
jurisdiction of New Hanover County and to the extraterritorial jurisdiction of New
Hanover County as allowed by agreement between local governments, the extent
of annexation or other appropriate legal instrument or law.
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B. Notwithstanding the general applicability of this Ordinance to all land-disturbing
activity, this Article shall not apply to the following types of land-disturbing activity:
1. Including the production and activities relating or incidental to the
production of crops, grains, fruits, vegetables, ornamental and flowering
plants, dairy, livestock, poultry, and all other forms of agriculture
undertaken on agricultural land for the production of plants and animals
useful to man, including, but not limited to:
a. Forage and sod crops, grain and feed crops, tobacco, cotton and
peanuts;
b. Dairy animals and dairy products;
c. Poultry and poultry products;
d. Livestock, including beef cattle, llamas, sheep, swine, horses, ponies,
mules and goats, including the breeding and grazing of any or all such
animals;
e. Bees and apiary products;
f. Fur producing animals;
g. Mulch, ornamental plants, and other horticultural projects. For
purposes of this section, “mulch” means substances composed
primarily of plant remains or mixtures of such substances.
2. An activity undertaken on forestland for the production and harvesting of
timber and timber products and conducted in accordance with standards
defined by the Forest Practice Guidelines Related to Water Quality (Best
Management Practices), as adopted by the North Carolina Department of
Agriculture and Consumer Services. If land-disturbing activity undertaken
on forestland for the production and harvesting of timber and timber
products is not conducted in accordance with standards defined by the
Forest Practice Guidelines Related to Water Quality, the provisions of this
Ordinance shall apply to such activity and any related land-disturbing
activity on the tract.
3. An activity for which a permit is required under the Mining Act of 1971;
Article 7 of Chapter 74 of the General Statutes;
4. A land-disturbing activity over which the State has exclusive regulatory
jurisdiction and provided in G.S. 113A-56(a).
5. An activity which is essential to protect human life during an emergency;
6. Activities undertaken to restore the wetland functions of converted
wetlands to provide compensatory mitigations to offset impacts permitted
under Section 404 of the Clean Water Act and;
7. Activities undertaken pursuant to National Resources Conservation
Service Standards to restore the wetland functions of a converted wetland
defined in Title 7 Code of Federal Regulations Sec.§ 12.2.
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Section 8.5. General Requirements
A. Plan Approval Required: No person shall undertake any land-disturbing activity
subject to this Ordinance which that uncovers an acre, or more than one acre,
without first having an erosion control Plan approved by the County. No land-
disturbing activity may be initiated until the County is notified of the date that the
land-disturbing activity will begin.
B. Protection of Property: Persons conducting land-disturbing activity shall take all
reasonable measures to protect all public and private property from damage
caused by such activity sedimentation and erosion damage caused by land-
disturbing activities.
C. More Restrictive Rules Shall Apply: Whenever conflicts exist between Federal,
State, or local laws, Ordinance, or rules, the more restrictive provision shall apply.
D. Plan Approval Exceptions: Notwithstanding the general requirement to obtain a
Plan approval prior to undertaking land-disturbing activity, a Plan approval shall not
be required for land-disturbing activity, that does not exceed 43,560 square feet in
surface area and is not considered a part of a common plan of development. In
determining the area, lands under one or diverse ownership being developed as a
unit will be aggregated.
E. Building permits: No building permit, unless excluded by Section 18.8 8.17 shall
be issued without an erosion control sign-off pursuant to G.S. 153A-357 and G.S.
160A-417 as amended.
F. Inspections: Any and all applicable intermediate inspections may be held in any
trade (building, mechanical, electric, and/or plumbing) if any land-disturbing activity,
on a tract, including single family residences, is found not to be in compliance with
any part of this Ordinance.
G. Building finals: Building finals and/or certificates of occupancy may not be issued
if any land-disturbing activity, including single-family residences, is found not to be
in compliance with any part of this Ordinance
Section 8.6. Basic Control Objectives
A. An erosion and sedimentation control Plan may be disapproved pursuant to Section
18.9 8.18 if the Plan fails to address the following control objectives:
1. Identify critical areas: On-site areas which are subject to severe
accelerated erosion, and off-site areas, which are especially vulnerable to
damage from erosion and/or sedimentation are to be identified and
receive special attention.
2. Limit time of exposure: All land-disturbing activity is to be planned and
conducted to limit exposure to the shortest feasible time specified in G.S.
113A-57 or as directed by the approving authority.
3. Limit exposed area: All land-disturbing activity is to be planned and
conducted to minimize the size of the area to be exposed at any one time.
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4. Control surface water: Surface water runoff originating upgrade of
exposed areas should be controlled to reduce erosion and sediment loss
during the period of exposure.
5. Control sedimentation: All land-disturbing activity is to be planned and
conducted so as to prevent off-site sedimentation damage.
6. Manage storm water runoff: When the increase in the velocity of storm
water runoff resulting from a land-disturbing activity is sufficient to cause
accelerated erosion of the receiving watercourse, Plans are to include
measures to control the velocity to the point of discharge so as to
minimize accelerated erosion of the site and increased sedimentation of
the stream. Plans are to include measures to control the velocity to the
point of discharge so as to minimize accelerated erosion of the site and
increased sedimentation of the stream. Plans shall be designed so that
any increase in velocity of stormwater runoff resulting from a land-
disturbing activity will not result in accelerated erosion of the receiving
stormwater conveyance or at the point of discharge. Plans shall include
measures to prevent accelerated erosion within the project boundary and
at the point of discharge.
B. Preconstruction conferences are optional. You should notify the county when the
initial erosion control measures are installed. In the event, a preconstruction
conference is required, it must be included on the plan.
C. No person may initiate a land-disturbing activity before notifying the County of the
date that land-disturbing activity will begin and when the initial erosion control
measures are installed.
D. A Plan approval issued under this Ordinance shall be prominently displayed at
either the primary entrance of the job site or at another location that is observable
to the public and inspectors until all construction is complete, all permanent
sedimentation and erosion control measures are installed, and the site has been
stabilized. A paper copy of the approved Plan shall be kept on file at the job site.
Section 8.7. Mandatory Standards for Land-Disturbing Activity
No land-disturbing activity subject to the control of this Ordinance shall be undertaken except in
accordance with G.S. 113A-57 and the following mandatory standards:
A. Buffer Zone:
1. No land-disturbing activity during periods of construction or improvement
to land shall be permitted in proximity to a lake or natural watercourse
unless a buffer zone is provided along the margin of the watercourse of
sufficient width to confine visible siltation within the 25% of the buffer
zone nearest the land-disturbing activity. This subdivision shall not apply
to a land-disturbing activity in connection with the construction of facilities
to be located on, over, or under a lake or natural watercourse.
2. Unless otherwise provided, The width of a buffer zone is shall be
measured horizontally from the edge of the water to the nearest edge of
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the disturbed area, with the 25% of the strip nearest the land-disturbing
activity containing natural or artificial means of confining visible siltation.
B. Graded slopes and fills: The angle for graded slopes and fills shall be no greater
than the angle that can be retained by vegetative cover or other adequate erosion
control devices or structures. The angle for graded slopes and fills must be
demonstrated to be stable. Stable is the condition where the soil remains in its
original configuration, with or without mechanical restraints. In any event, slopes left
exposed shall, within 21 calendar days of completion of any phase of grading, be
planted or otherwise provided with temporary or permanent ground cover, devices,
or structures sufficient to restrain erosion.
C. Fill material: Unless a permit from the Department’s Division of Waste
Management to operate a landfill is on file for the official site, acceptable fill material
shall be free of organic or other degradable materials, masonry, concrete and brick
in sizes exceeding twelve (12) 12 inches, and any materials which would cause the
site to be regulated as a landfill by the State of North Carolina.
D. Ground cover: Whenever land-disturbing activity that will disturb one or more than
one acre is undertaken on a tract, the person conducting the land-disturbing activity
shall install such sedimentation and erosion control devices and practices that are
sufficient to retain the sediment generated by the land-disturbing activity within the
boundaries of the tract during construction upon and development of said tract, and
shall plant or otherwise provide a permanent ground cover sufficient to restrain
erosion after completion of construction or development. Except as provided in
Section 8.8.B.5 of this Ordinance, provisions for a ground cover sufficient to restrain
erosion must be accomplished within 15 working days or 90 calendar days
following completion of construction or development whichever period is shorter.
E. Prior plan approval: No person shall initiate any land-disturbing activity that will
disturb one or more than one acre on a tract unless, 30 or more days prior to
initiating the activity, an erosion and sedimentation control Plan for the activity has
been both filed with and approved by the County pursuant to G.S. 113A-57(4) and
G.S. 113A-54(d)(4). The land-disturbing activity shall be conducted in accordance
with the approved Plan once the Plan has been approved.
F. All individuals that obtain a locally-approved erosion and sedimentation control plan
that disturbs one acre or more of land, are required by the U.S. Environmental
Protection Agency to obtain coverage under the N. C. Department of Environmental
Quality Construction General Permit No. NCG010000 (NCG01). The requirements
in NCG01 for temporary or permanent ground cover, or stabilization requirements,
may differ from the ground cover, or stabilization, requirement in this Ordinance. It
is the responsibility of the person conducting the land-disturbing activity to ensure
compliance with the NCG01.
Section 8.8. Design and Performance Standards
A. Except provided in Subsection B.2 of this Section, erosion and sedimentation
control measures, devices and structures and devices shall be planned, designed
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and constructed as to provide protection from the calculated maximum peak rate of
runoff from the ten 10-year storm that produces the maximum peak rate of runoff as
calculated according to procedures in the United States Department of Agriculture,
Natural Resources Conservation Services “National Engineering Field Handbook
630 for Conservation Practices”. Runoff rates shall be calculated using the
procedures in the USDA, Soil Conservation Service’s “National Engineering Field
Manual for Conservation Practices,” or other acceptable calculation procedures.
B. In High Quality Water (HQW) zones, the following design standards shall apply:
1. Uncovered areas in HQW zones shall be limited at any time to a
maximum total area of twenty (20) 20 acres within the boundaries of the
tract. Only the portion of the land-disturbing activity within a HQW zone
shall be governed by this section. Larger areas may be uncovered within
the boundaries of the tract with the written approval of the Director upon
providing engineering justification with a construction sequence that
considers phasing, limiting exposure, weekly submitted self-inspection
reports, and more conservative design than the 25-year storm. The
Director may also stipulate the inclusion of other conditions in the plan as
necessary, based on specific site conditions.
2. Erosion and sedimentation control measures, devices, and structures and
devices within HQW zones shall be so planned, designed, and
constructed to provide protection from the runoff of the 25-year storm
which that produces the maximum peak rate of runoff as calculated
according to procedures in the United States Department of Agriculture,
Soil Conservation Service’s “ National Engineering Resources
Conservation Services “National Engineering Field Handbook 630 for
Conservation Practices”. Field Manual for Conservation Practices” or
according to procedures adopted by any other agency of this State or the
United States or any generally recognized organization or association.
Other methodologies may be used if based on generally accepted
engineering standards that are shown to the County to be equivalent to or
improved over the procedures in Handbook 630. The County shall
determine acceptability of an alternative methodology based upon a
showing that the runoff model was based on observed data in agreement
with the predictive model.
3. In order to provide for water quality protection in the HQW zones,
sediment basins that discharge to those areas shall be designed and
constructed to meet the following criteria: Sediment basins within HQW
zones shall be designed and constructed such that the basin will have a
settling efficiency of at least 70% for the 40 micron (0.04 millimeter) size
soil particle transported into the basin by the runoff of that two-year storm
which produces the maximum peak rate of runoff as calculated according
to procedures in the United States Department of Agriculture Soil
Conservation Service’s “National Engineering Field Manual for
Conservation Practices” or according to procedures adopted by any other
agency of this State or the United States or any generally recognized
organization or association.
a. Use a surface withdrawal mechanism, except when the basin
area is less than 1 acre;
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b. Have a minimum of 1800 cubic feet of storage area per acre of
disturbed area;
c. Have a minimum surface area of 325 square feet per cfs of
Q25 peak inflow;
d. Have a minimum dewatering time of 48 hours; and
e. Incorporate 3 baffles, unless the basin is less than 20 feet in
length, in which case 2 baffles shall be sufficient.
4. Newly constructed open channels in HQW zones shall be designed and
constructed with side slopes no steeper than two horizontals to one
vertical if a vegetative cover is used for stabilization, unless soil
conditions permit a steeper slope or where the slopes are stabilized by
using mechanical devices, structural devices, or other forms of
acceptable ditch liners proven to the County as being effective in
restraining accelerated erosion. In any event,The angle for side slopes
shall be sufficient to restrain accelerated erosion.
5. Ground cover sufficient to restrain erosion must be provided for any
portion of a land-disturbing activity in a HQW zone within 15 working days
or 60 calendar days following completion of construction or development,
whichever period is shorter. Upon a written request of the applicant, the
Director may allow alternative design or control measures in lieu of
meeting the conditions required in Subparagraph 3(b) through 3(e) of this
Section if the applicant demonstrates that meeting all of those conditions
will result in design or operational hardships and that the alternative
measures will provide an equal or more effective level of erosion and
sedimentation control on the site. Alternative measures may include,
quicker applications of ground cover, use of sediment flocculants, and
use of enhanced ground cover practices.
Section 8.9. Stormwater Outlet Protection
A. Intent: Stream banks and channels downstream from any land-disturbing activity
shall be protected from increased degradation by accelerated erosion caused by
increased velocity of runoff from the land-disturbing activity.
B. Performance standards: Persons shall provide a design and conduct land-
disturbing activity so that the post-construction velocity of the ten-10-year storm
runoff in the receiving watercourse to, and including the discharge point, does not
exceed the greater of:
1. The velocity established by the Maximum Permissible Velocities table in
subsection E of this section; or
2. The projected velocity of the ten10-year stormwater runoff in the receiving
watercourse stormwater conveyance prior to development.
If conditions (1) or (2) of this Paragraph cannot be met, then the receiving
watercourse stormwater conveyance to, and including, the discharge point shall be
designed and constructed to withstand the expected velocity anywhere the velocity
exceeds the “prior-to-development” velocity by 10%.
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C. Acceptable management measures: Measures applied alone or in combination
to satisfy the intent of this section are acceptable, if there are no objectionable
secondary consequences. The County recognizes that the management of storm-
water runoff to minimize or control downstream channel and bank erosion is a
developing technology. Innovative techniques and ideas will be considered and
may be used when shown to have the potential to produce successful results.
Some alternatives, while not exhaustive, are to:
1. Avoid increases in surface runoff volume and velocity stormwater
discharge velocities by including designing measures to promote
infiltration to compensate for increased runoff from areas rendered
impervious; or
2. Avoid increases in storm water stormwater discharge velocities by using
vegetated or roughened swales and waterways in place of closed drains
and high-velocity paved sections; or
3. Provide energy dissipaters at outlets of storm drainage facilities to reduce
flow velocities to the point of discharge; These may range from simple rip-
rapped sections to complex structures; or
4. Protect watercourses stormwater conveyance subject to accelerated
erosion by improving cross sections and/or providing erosion-resistant
lining; and
5. Upgrade or replace the receiving device structure, or watercourse
stormwater conveyance such that it will receive and conduct the flow to a
point where it is no longer subject to degradation from the increased rate
of flow or increased velocity;
D. Exceptions: This rule shall not apply where it can be demonstrated to the County
that stormwater discharge velocities will not create result in accelerated an erosion
problem in the receiving watercourse stormwater conveyance or discharge point.
E. Maximum permissible velocities: The following is a table for maximum
permissible velocity for storm water discharges in feet per second (F.P.S.) and
meters per second (M.P.S.):
Table 8.9.E: Maximum Permissible Velocities
Material F.P.S. M.P.S.
Fine sand (non-colloidal) 2.5 0.8
Sandy loam (non-colloidal) 2.5 0.8
Silt loam (non-colloidal) 3.0 0.9
Ordinary firm loam 3.5 1.1
Fine gravel 5.0 1.5
Stiff clay (very colloidal) 5.0 1.5
Graded, loam to cobbles (non-colloidal) 5.0 1.5
Graded, silt to cobbles (colloidal) 5.5 1.7
Alluvial silts (non-colloidal) 3.5 1.1
Alluvial silts (colloidal) 5.0 1.5
Course gravel (non-colloidal) 6.0 1.8
Cobbles and shingles 5.5 1.7
Shales and hard pans 6.0 1.8
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Table 8.9.E: Maximum Permissible Velocities
Material F.P.S. M.P.S.
Source: Adapted from recommendations by Special Committee on Irrigation Research, American Society of Civil
Engineers, 1926, for channels with straight alignment. For sinuous channels, multiply allowable velocity by 0.95 for slightly
sinuous, by 0.9 for moderately sinuous channels, and by 0.8 for highly sinuous channels.
Section 8.10. Borrow and Waste Areas
When the person conducting the land-disturbing activity is also the person conducting the
borrow or waste disposal activity, areas from which borrow is obtained and which are not
regulated by the provisions of the Mining Act of 1971; Article 7 of Chapter 74 of the General
Statutes, and waste areas for surplus materials other than landfills regulated by the
Department’s Division of Waste Management shall be considered as part of the land-disturbing
activity. where the borrow material is being used or from which the waste material originated.
When the person conducting the land-disturbing activity is not the person obtaining the borrow
and/or disposing of the waste, these areas shall be considered a separate land-disturbing
activity.
Section 8.11. Access and Haul Roads
Temporary access and haul roads, other than public roads, constructed or used in connection
with any land-disturbing activity shall be considered a part of such activity.
Section 8.12. Operations in Lakes, Natural Watercourses
Land-disturbing activity in connection with construction in, on, over or under a lake or natural
watercourse shall be planned and conducted in such a manner as to minimize the extent and
duration of disruption of the stream channel. Where relocation of a stream forms an essential
part of the proposed activity, the relocation shall minimize unnecessary changes in the stream
flow characteristic.
Section 8.13. Responsibility for Maintenance
During the development of a site, the person conducting the land-disturbing activity shall install
and maintain all temporary and permanent erosion and sedimentation control measures as
required by the approved plan, or any provision of this Ordinance, the Act, or any order adopted
pursuant to the Ordinance or the Act. After site development, the land owner or person in
possession or control of the land shall install and/or maintain all necessary permanent erosion
and sediment control measures, except those measures installed within a road or street right-of-
way or easement, accepted for maintenance by a governmental agency.
Section 8.14. Restoration of Areas Affected by Failure to
Comply
The County may require a person who engaged in a land-disturbing activity and failed to retain
sediment generated by the activity, as required by G.S. 113A-57(3), to restore the waters and
land affected by the failure so as to minimize the detrimental effects of the resulting pollution by
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sedimentation. This authority is in addition to any other civil or criminal penalty or injunctive
relief authorized under this Ordinance.
Section 8.15. Additional Measures
Whenever the County determines that significant accelerated erosion and sedimentation is
occurring continues as a result of land-disturbing activity, despite application installation of
protective practices and maintenance of protective practices, the person conducting the land-
disturbing activity will be required to and shall take additional protective action necessary to
achieve compliance with the conditions specified in this Ordinance or the Act.
Section 8.16. Areas Not Otherwise Covered
Notwithstanding previous provisions, when it is determined that severe off-site erosion and/or
sedimentation has occurred as a result of any land-disturbing activity, regardless of the size of
the site, and despite application and maintenance of protective practices, remedial action shall
be taken within a reasonable time period after notification. A notice shall be served upon that
person by any means authorized under G.S. 1A-1 Rule 4. The notice shall specify a date by
which the person must comply with the Ordinance or rules adopted by this Ordinance. Any
person who fails to comply within the time specified is subject to additional civil and criminal
penalties for a continuing violation as provided by this Ordinance.
Section 8.17. Existing Uncovered Area
A. All uncovered areas existing on the effective date of this Ordinance, which resulted
from land-disturbing activity which exceed one acre, are subject to continued
accelerated erosion, and are causing off-site damage from sedimentation, shall be
provided with ground cover or other protective measures, structures or devices
sufficient to restrain accelerated erosion and control off-site sedimentation.
B. The County shall serve upon the landowner or other person in possession or
control of the land a written notice to comply with the Act, this Ordinance, a rule or
order adopted or issued pursuant to the Act by the Commission or by the County.
The notice to comply shall be served by any means provided by GS 1A-1, Rule 4.
The notice will set forth the measures needed to comply, with the Act, the
Ordinance, or any rule or order issued pursuant to the Act by the Commission or by
the County will state the time within which such measures must be completed. In
determining the measures required and the time allowed for compliance, the
authority serving notice shall take into consideration the economic feasibility,
technology, and quantity of work required, and shall set reasonable and attainable
time limits of compliance.
C. The County reserves the right to require preparation and approval of an erosion
control Plan in any instance where erosion control measures are required.
D. This rule shall not require ground cover on cleared land forming the future basin of
a planned reservoir.
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Section 8.1718. Permits
A. No person shall undertake any land-disturbing activity subject to this Ordinance
without first obtaining a hardcopy or electronic permit from the County, except that
no permit shall be required for any land-disturbing activity:
1. For the purpose of fighting fires;
2. For the stock piling of raw or processed sand, stone or gravel in material
processing plants and storage yards, provided that sediment control
measures have been utilized to protect against off-site damage; or
3. That does not exceed 43,560 square feet in surface area. In determining
the area, lands under one or diverse ownership being developed as a unit
will be aggregated. (Note: This exclusion from permits should allow land-
disturbing activities for construction of a single-family residence on a
single lot, but may not exceed one acre or be part of a common plan of
development).
B. The County may establish a fee schedule for the review and approval of erosion
control Pplans. In establishing the fee schedule, the County shall consider the
administrative and personnel cost incurred by the department for reviewing the
Pplans and for related compliance activities.
C. The permit fees as seen in Table 8.1718.C include review and land disturbance
fees:
Table 8.Table 8.Table 8.Table 8.1111777718181818.C: .C: .C: .C: Permit FeesPermit FeesPermit FeesPermit Fees
ResidentialResidentialResidentialResidential
ReviewReviewReviewReview
$200
New projects
(Paid at time of application)
$200
Active projects
(Adding new acreage)
$200
Previously permitted inactive projects
(With modifications)
Land Land Land Land
DisturbanceDisturbanceDisturbanceDisturbance
$300 per acre disturbed or any increment of an acre.
Due prior to Plat Recordation. Builders in a subdivision with active permits where the developer
previously paid review and land-disturbing fees will not owe fees.
CommercialCommercialCommercialCommercial
ReviewReviewReviewReview $200
(Paid at time of application)
ReviewReviewReviewReview
$200
New projects
(Paid at time of application)
$200
Active projects
(Adding new acreage)
$200
Previously permitted inactive projects
(With modifications)
Land Land Land Land
DisturbanceDisturbanceDisturbanceDisturbance
$300 per acre disturbed or any increment of an acre.
Due prior to issuance of Certificate of Occupancy.
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Table 8.Table 8.Table 8.Table 8.1111777718181818.C: .C: .C: .C: Permit FeesPermit FeesPermit FeesPermit Fees
OtherOtherOtherOther
ReviewReviewReviewReview $200
(Paid at time of application)
Land Land Land Land
DisturbanceDisturbanceDisturbanceDisturbance
$300 per acre or increment of an acre.
Due prior to issuance of the land-disturbing permit.
D. Permits will expire one year from the date of issue if no construction activity begins
on site. If activity ceases on a permitted site for a period of 12 months, the permit
will expire.
Section 8.1819. Erosion and Sedimentation Control Plans
A. An erosion control Plan shall be prepared for all land-disturbing activities subject to
this Ordinance whenever the proposed activity will disturb one or more than one
acre on a tract. The Plan shall be filed with the County Engineering Department, the
New Hanover Soil and Water Conservation District, and for areas outside municipal
corporate limits, the County Planning Department, at least 30 days prior to the
commencement of the proposed activity.
B. Persons conducting land-disturbing activity on a tract which covers one or more
than one acres shall file three copies of the erosion control Plan or a digital copy,
with the County at least 30 days prior to beginning such activity and shall keep
another paper copy of the approved Plan and a posted copy of the permit
prominently displayed at either the primary entrance of the job site or onsite at
another location that is observable to the public and inspectors until all construction
is complete, all permanent sedimentation and erosion control measures are
installed, and the site has been stabilized. After approving the Plan, if the County
either upon review of such Plan or inspection of the job site, determines that the
Plan is inadequate to meet the requirements of the Act and of this Ordinance, a
significant risk of accelerated erosion or offsite sedimentation exists, the County will
shall require a revised Plan. Pending the preparation of the revised Plan, work shall
cease or shall continue under conditions outlined by the appropriate authority.
C. Erosion control Plans may shall be disapproved unless accompanied by an
authorized statement of financial responsibility and documentation of property
ownership. This statement shall be signed by the person financially responsible for
the land-disturbing activity or his or her attorney-in-fact. The statement shall include
the mailing and street addresses of the principle place of business of the person
financially responsible, and of the owner of the land, and or registered agents. If the
person financially responsible is not a resident of North Carolina, a North Carolina
agent must be designated in the statement for the purpose of receiving notice of
compliance or noncompliance with the Plan, the Act, this Ordinance, or rules or
orders adopted or issued pursuant to this Ordinance. Except as provided in
subsection D and K of this section, if the applicant is not the owner of the land to be
disturbed, the draft erosion and sedimentation control Plan must include the
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owner’s notarized written consent for the applicant to submit a draft erosion and
sedimentation control Pplan and to conduct the anticipated land-disturbing activity.
D. If the applicant is not the owner of the land to be disturbed and the anticipated land-
disturbing activity involves the construction of utility lines for the provision of water,
sewer, gas, telecommunications, or electrical service, the draft erosion and
sedimentation control Plan may be submitted without the written consent of the
owner of the land, so long as the owner of the land had been provided prior notice
of the project.
E. The New Hanover Soil and Water Conservation District and the County Planning
Department within 20 days of receipt of any Plan, shall review such Plan and
submit its comments and recommendations to the County Engineering Department.
Failure of the Soil and Water Conservation District and the County Planning
Department to submit its comments and recommendations within 20 days or within
the prescribed additional time will not delay final action on the Plan.
F. The County will review each complete Plan submitted to them and within 30 days of
receipt. The person submitting the Plan, will be notified that it has been approved,
approved with modifications, approved with performance reservations, or
disapproved. The County shall condition approval of an erosion control plan upon
the applicant’s compliance with Federal and State Water Quality laws, regulations,
and rules. The County shall also disapprove an erosion control plan if
implementation of the Plan would result in a violation of rules adopted by the
Environmental Management Commission to protect riparian buffers along surface
waters. Failure to approve, approve with modifications, or disapprove a complete
erosion and sedimentation control Plan within 30 days of receipt shall be deemed
approval. Disapproval of an erosion control Plan or a revised erosion control Plan
must specifically state in writing the reasons for disapproval. The County must
approve, approve with modifications, or disapprove a revised Plan within 15 days of
receipt, or it is deemed to be approved. If, following commencement of a land-
disturbing activity pursuant to an approved Plan, the County determines that the
Plan is inadequate to meet the requirements of the Act and of this Ordinance, either
upon review of such Plan or inspection of the job site, determines that a significant
risk of accelerated erosion or offsite sedimentation exist, the County shall require a
revised Plan to comply with this Ordinance. Pending the preparation of the revised
Plan, work shall cease or shall continue under conditions outlined by the
appropriate authority. Approval with modification or disapproval of any proposed
plan shall entitle the person submitting the Plan to a public hearing in accordance
with the provisions of G.S. 113A-61(c).
G. Any plan submitted for a land-disturbing activity for which an environmental
document is required by the North Carolina Environmental Policy Act (G.S. 113A-1
et seq.) G.S. 113 Article 1, and the Department rules set forth in 15A NCAC 01C.
shall be deemed incomplete until a complete environmental document is available
for review. The County shall promptly notify the person submitting the Plan that the
30-day time limit for review of the Plan pursuant to subsection F of this Section
shall not begin until a the complete environmental document is available for review.
H. The County shall approve a Plan upon determining that it complies with all
applicable State and local regulations for erosion and sedimentation control. The
County shall condition approval of Plans upon the applicant’s compliance with the
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Federal and State water quality laws, regulations and rules. Approval assumes the
applicant’s compliance with the Federal and State water quality laws regulations,
and rules.
I. The Plan required by this section shall contain architectural or engineering
drawings, maps, assumptions, calculations, and narrative statements as needed to
adequately describe the proposed development of the tract and the measures
planned to comply with the requirements of this Ordinance. Plan content may vary
to meet the needs of specific site requirements. Detailed guidelines for Plan
preparation may be obtained from the County, on request. The Plan shall contain a
schedule for inspections after each phase has been completed.
J. The county may disapprove an erosion and sedimentation control Plan or
disapprove a transfer of a Plan under subsection K of this Section upon a finding
that an applicant, or a parent, subsidiary, or other affiliate of the applicant:
1. is conducting or has conducted land-disturbing activity without an
approved Plan, or has received notice of violation of a Plan previously
approved by the Commission or a local government pursuant to this
Article and has not complied with the notice within the time specified in
the notice;
2. has failed to pay a civil penalty assessed pursuant to the Article or a local
Ordinance adopted pursuant to this Article by the time the payment is
due;
3. has been convicted of a misdemeanor pursuant to G.S. 113A-64(b) or
any criminal provision of a local Ordinance adopted pursuant to this
Article or;
4. has failed to substantially comply with State rules or local Ordinances and
regulations adopted pursuant to this Article.
For purposes of this Subsection J an applicant’s record or the proposed transferee’s
record may be considered for only two (2) years prior to the application date.
In the event that an erosion and sedimentation control Plan or transfer of a Plan is
disapproved by the county pursuant to subsection J of this Section, the County shall
notify the Director of the Division of Energy, Mineral, and Land Resources of such
disapproval within 10 days of the disapproval. The County shall advise the applicant
or the proposed transferee and the Director in writing as to the specific reasons that
the Plan was disapproved. Notwithstanding the provisions of Section 8.2019 A, the
applicant may appeal the local government’s disapproval of the Plan directly to the
Commission.
K. The County administering an erosion and sedimentation control program may
transfer an erosion and sedimentation control Plan approved pursuant to this
Section without the consent of the Plan holder to a successor-owner of the property
on which the permitted activity is occurring or will occur as provided in this
subsection.
1. The County may transfer a Plan if all of the following conditions are met:
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a. The successor-owner of the property submits to the local government
a written request for the transfer of the Plan and an authorized
statement of financial responsibility and proof of ownership:
b. The County finds all of the following:
1. The Plan holder is one of the following:
i. A natural person who is deceased.
ii. A partnership, limited liability corporation, corporation, or any other
business association that has been dissolved.
iii. A person who has been lawfully and finally divested of title to the
property on which the permitted activity is occurring or will occur.
iv. A person who has sold the property on which the permitted activity
is occurring or will occur.
2. The Plan holder shall comply with all terms and conditions of the Plan
until such time as the Plan is transferred.
3. The successor-owner shall comply with all terms and conditions of the
Plan once the Plan has been transferred.
4. Notwithstanding changes to law made after the original issuance of the
Plan, the County may not impose new or different terms and conditions in
the Plan without the prior express consent of the successor-owner.
Nothing in this subsection shall prevent the County from requiring a
revised Pplan pursuant to G.S. 113A-54.1 (b).
L. No person may initiate a land-disturbing activity before notifying the agency that
issued the Plan approval of the date that the land-disturbing activity will begin. The
County shall also be notified when the initial erosion control measures are installed,
if no preconstruction meeting is held. If preconstruction meetings become a
requirement it must be included on the plan.
M. Applications for amendment of an erosion control Plan in written and/or graphic
form may be made at any time under the same conditions as the original
application. Until such time as said amendment is approved by the County, the
land-disturbing activity shall not proceed except in accordance with the erosion
control Plan as originally approved.
N. Any person engaged in land-disturbing activity who fails to file a Plan in accordance
with the Ordinance or who conducts a land-disturbing activity except in accordance
with provisions of an approved Plan shall be deemed in violation of this Ordinance.
O. The landowner, the financially responsible party, or the landowner’s or the
financially responsible party’s agent shall perform an inspection of the area covered
by the Plan after each phase of the Plan has been completed and after
establishment of temporary ground cover in accordance with G.S. 113A-57(2). The
person who performs the inspections shall maintain and make available a record of
the inspection at the site of the land-disturbing activity. The record shall set out any
significant deviation from the approved erosion control Plan, identify any measures
that may be required to correct the deviation, and document the completion of
those measures. The record shall be maintained until permanent ground cover has
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been established as required by the approved erosion and sedimentation control
Plan. The inspections required by this subsection shall be in addition to inspections
required by G.S. 113A-61.1. All land-disturbing activities required to have an
approved erosion and sedimentation control plan under G.S. 113A-54.1(e) and
Sec. 8.18 (A) shall conduct self-inspections for initial installation or modification of
any erosion and sedimentation control devices and practices described in an
approved Plan. In addition, weekly and rain-event self-inspections are required by
Federal regulations, that are implemented through the NPDES Construction
General Permit No. NCG010000.
Where self-inspections are required by G.S. 113A-54.1(e) and Section 18.9.
8.18(O) of this Ordinance and G.S. 113A-54.1(e), the following apply:
1. The person who performs the inspections shall make a record of the site
inspection by documenting the following items: The inspection shall be
performed during or after each of the following phases of the Plan;
a. all of the erosion and sedimentation control measures, practices and
devices, as called for in a construction sequence consistent with the
approved erosion and sedimentation control Plan, including but not
limited to sedimentation control basins, sedimentation traps,
sedimentation ponds, rock dams, temporary diversions, temporary
slope drains, rock check dams, sediment fence or barriers, all forms of
inlet protection, storm drainage facilities, energy dissipaters, and
stabilization methods of open channels, that have initially been
installed and do not significantly deviate (as defined in sub-item (1)(c)
of this Rule) from the locations, dimensions and relative elevations
shown on the approved erosion and sedimentation Plan. Such
documentation shall be accomplished by initialing and dating each
measure or practice shown on a copy of the approved erosion and
sedimentation control Plan or by completing, dating and signing an
inspection report that lists each measure, practice or device shown on
the approved erosion and sedimentation control Plan. This
documentation is required only upon the initial installation of the
erosion and sedimentation control measures; practices and devices
as set forth by the approved erosion and sedimentation control Plan
or if the measure, practices and devices are modified after initial
installation;
b. the completion of any phase of grading for all graded slopes and fills
shown on the approved erosion and sedimentation control Plan,
specifically noting the location and condition of the graded slopes and
fills. Such documentation shall be accomplished by initialing and
dating a copy of the approved erosion and sedimentation control Plan
or by completing, dating and signing an inspection report clearing and
grubbing of existing ground cover;
c. the location of temporary or permanent ground cover, and that the
installation of the ground cover does not significantly deviate (as
defined in sub-item (1)(e) of this Rule) from the approved erosion and
sedimentation control Plan. Such documentation shall be
accomplished by initialing and dating a copy of the approved erosion
and sedimentation control Plan or by completing, dating and signing
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an inspection report completion of any grading that requires ground
cover;
d. that maintenance and repair requirement for all temporary and
permanent erosion and sedimentation control measures, practices
and devices have been performed. Such documentation shall be
accomplished by completing, dating and signing an inspection report
(the general storm water permit monitoring form may be used to verify
the maintenance and repair requirements) completion of all land-
disturbing activity, construction, or development, including permanent
ground cover establishment and removal of all temporary measures;
and
e. any significant deviations from the approved erosion and
sedimentation control Plan, corrective actions required to correct the
deviation and completion of the corrective actions. Such
documentation shall be accomplished by initialing and dating a copy
of the approved erosion and sedimentation control Plan or by
completing, dating and signing an inspection report. A significant
deviation means an omission, alteration or relocation of an erosion or
sedimentation control measure that prevents the measure from
performing as intended transfer of ownership or control of the tract of
land where the erosion and sedimentation control Plan has been
approved and work has begun. The new owners or person in control
shall conduct and document inspections until the project is
permanently stabilized as set forth in Sub-Item 1(c) of this Section;
2. The documentation, whether on a copy of the approved erosion and
sedimentation control Plan or an inspection report, shall include the
name, address, affiliation, telephone number, and signature of the person
conducting the inspection and the date of the inspection. Any relevant
licenses and certifications may also be included. Any documentation of
inspections that occur on a copy of the approved erosion and
sedimentation control Plan shall occur on a single copy of the Plan and
that Plan shall be made available on the site. Any inspection reports shall
also be made available on the site;
2. The inspection shall be performed during or after each of the following
phases of a Plan Documentation of self-inspections performed under section
1 shall include:
a. installation of perimeter erosion and sediment control measures
Visual verification of ground stabilization and other erosion control
measures and practices as called for in the approved Plan;
b. clearing and grubbing of existing ground cover Verification by
measurement of settling basins, temporary construction entrances,
energy dissipaters, and traps;
c. completion of any phase of grading on slopes or fills that requires
provision of temporary or permanent ground cover pursuant to G.S.
113A-57(2); The name, address, organization affiliation, telephone
number, and signature of the person conducting the inspection and
the date of the inspection shall be included, whether on a copy of the
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approved erosion and sedimentation control Plan or an inspection
report. A template for an example of an inspection and monitoring
report is provided on the DEMLR website at
https://deq.nc.gov/about/divisions/energy-mineral-land-
resources/erosion-sediment-control/forms. Any relevant licenses and
certifications may also be included. Any documentation of inspections
that occur on a copy of the approved erosion and sedimentation
control Plan shall occur on a single copy of the Plan and the Plan
shall be made available on the site.
d. completion of storm drainage facilities; A record of any significant
deviation from any erosion or sedimentation control measure from that
on the approved Plan. For the purpose of this Section, a “significant
deviation” means an omission, alternation, or relocation of an erosion
or sedimentation control measure that prevents it from performing as
intended. The record shall include measures required to correct the
significant deviation, along with documentation of when those
measures were taken. Deviations from the approve Plan may also be
recommended to enhance the intended performance of the
sedimentation and erosion control measures.
e. completion of construction or development; and
f. quarterly until the establishment of permanent ground cover sufficient
to restrain erosion or until the financially responsible party has
conveyed ownership or control of the tract of land for which the
erosion and sedimentation control Plan has been approved and the
agency that approved the Plan has been notified. If the financially
responsible party has conveyed ownership of control of the tract of
land for which the erosion and sedimentation control Plan has been
approved, the new owner or person in control shall conduct and
document inspections quarterly until the establishment of permanent
ground cover sufficient to restrain erosion.
Section 8.1920. Plan Review Appeals
A. Except as provided in subsection B of this section, the appeal of a disapproval or
approval with modifications of a Plan shall be governed by the following provisions:
1. The disapproval or modification of any proposed erosion control Plan by
the County, shall entitle the person submitting the Plan or applying for the
permit, to a public hearing if such person submits written demand for a
hearing within 15 days after receipt of written notice of disapproval or
modifications.
2. Hearings held pursuant to this section shall be conducted by the County
Engineer within ten (10) days after the date of the appeal or request for a
hearing.
3. The County Engineer shall make recommendations to the New Hanover
County Board of Commissioners, within ten days (10) after the date of the
hearing on any erosion control Plan.
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4. The Board of Commissioners will render its final decision on any Plan
upon which a hearing is requested within 30 days of conducting the
hearings.
5. If the Board of Commissioners upholds the disapproval or modification of
a proposed Plan following the hearing, the person submitting the Plan
shall then be entitled to appeal the Board of Commissioners decision to
the State Sedimentation Control Commission. The Commission shall
direct the Secretary to appoint employees of the Department as provided
in G.S. 113A-61(c) and Title 15A NCAC 4B.0118 (d), to a Plan review
committee, to hear appeals from the disapproval or modification of
erosion and sedimentation control Plans by local governments. Within 30
days following receipt of notification of the appeal, department employees
shall complete the review and shall notify the County and the person
appealing the County decision that the Plan should be approved,
approved with modifications, or disapproved.
6. If either the local government or the person submitting the Plan disagrees
with the decision reached by the Department, the applicants right under
G.S. 113A-54.1(d) to appeal the Director’s disapproval of an erosion
control Plan under G.S. 113 A-54.1(c) gives rise to a right to an appeal to
the Commission by filing a notice within 15 days with the Director of the
Division of Energy, Mineral, and Land Resources. A Plan review
committee consisting of three members of the Commission will be
appointed to review the Department’s decision. Within 10 days following
receipt of the notification of appeal, the Commissions erosion and
sedimentation Plan review committee shall notify the local government
and the person submitting the plan of a place and time for a hearing for
consideration of the appeal. Both parties shall be given at least 15 days’
notice of the hearing and an opportunity to present written or oral
arguments. The erosion and sedimentation Plan review committee shall
notify both parties of its decision concerning the approval, disapproval, or
modification of the proposed Plan within 30 days following the hearing.
7. An applicant desiring to appeal the Commission’s disapproval of an
erosion control Plan shall file with the Office of Administrative Hearings a
contested case petition under G.S. 150B, Article 3.
B. If an erosion control Plan is disapproved pursuant to Section 8.19 8.18.H, of this
Ordinance. Tthe applicant may appeal the County disapproval of the Plan directly to
the State Sedimentation Control Commission.
Section 8.2021. Inspections and Investigations
A. Agents, officials, or other qualified persons authorized by the County, will
periodically inspect land-disturbing activity to ensure compliance with the Act, this
Ordinance, or rules or orders adopted or issued pursuant to this Ordinance, and to
determine whether the measures required in the Plan are effective in controlling
erosion and sedimentation resulting from land-disturbing activity. Notice of the right
to inspect shall be included in the notification of each Plan approval.
B. If the County determines that a person engaged in land-disturbing activity has failed
to comply with the Act, this Ordinance, or rules, or orders adopted or issued
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pursuant to this Ordinance, or has failed to comply with an approved Plan, a notice
of violation shall be served upon that person by any means authorized under in
G.S. 1A-1 Rule 4 to give actual notice. The notice shall set forth the measures
necessary to achieve compliance with the, Act, this Ordinance, or rules, or orders
adopted or issued pursuant to this Ordinance, specify a reasonable time period
within which such measures must be completed, and warn that failure to correct the
violation within the time period specified in the notice of violation may result in
additional civil and criminal penalties for a continuing violation as provided in G.S.
113A-64 and this Ordinance. However, no time period for compliance need be
given for failure to submit an erosion control Plan for approval or for willfully
obstructing, hampering or interfering with an authorized representative, while in the
process of carrying out his official duties. If the person engaged in land-disturbing
activity fails to comply within the time specified, enforcement action may be
initiated.
C. The County shall have power to conduct such investigations as it may reasonably
deem necessary to carry out its duties as prescribed in this Ordinance, and for this
purpose to enter at reasonable times upon any property, public or private, for the
purpose of investigating and inspecting the sites of any land-disturbing activity. No
person shall refuse entry or access to any authorized representative or agent who
requests entry for purposes of inspection and who presents appropriate credentials;
D. The County shall also have the power to require written statements, or the filing of
reports under oath, with respect to pertinent questions relating to land-disturbing
activity including self-inspections, engineering design reports, or Notices of
Violation (NOVs), as necessary to carry out duties specified in the Act or this
Ordinance.
Section 8.2122. Penalties
A. Civil Penalties:
1. Any person who violates any of the provisions of this Ordinance, or rules
or orders adopted or issued pursuant to this Ordinance, or order adopted
or issued pursuant to this Ordinance, or who initiates or continues a land-
disturbing activity for which a Plan is required except in accordance with
the terms, conditions, and provisions of an approved Plan, shall be
subject to a civil penalty. The maximum civil penalty amount that the
county may assess per is five thousand dollars ($5,000.00) per calendar
day. A civil penalty may be assessed from the date of the violation. Each
day of a continuing violation shall constitute a separate violation. The
person alleged to be in violation will be notified of the violation by any
means authorized under G.S. 1A-1 Rule 4 to give actual notice. The
notice shall describe the violation, with reasonable particularity, state the
reason for accessing the penalty, request the illegal activity cease,
specify the actions to be taken, specify a reasonable time period within
which the violation must be corrected, and warn that failure to correct the
violation within the time period will result in the assessment of a civil
penalty or other enforcement action pursuant to G.S. 113A-64. If, after the
allotted time period has expired, the violator has not completed corrective
action, a civil penalty may be assessed from the date of the notice of
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violation. However, no time period for compliance need be given for
failure to submit an erosion control Plan for approval or for obstructing,
hampering or interfering with an authorized representative while in the
process of carrying out his official duties. Each day of continuing violation
shall constitute a separate violation. When the person has not been
assessed any civil penalty under this subsection for any previous
violation, and the person abated the continuing environmental damage
resulting from the violation within 180 days from the date of the notice of
violation, the maximum cumulative total civil penalty assessed under this
subsection for all violations associated with the land–disturbing activity for
which the erosion and sedimentation control Plan is required is twenty-
five thousand dollars ($25,000).
2. The County Manager or his designee shall determine the amount of the
civil penalty to be assessed under this subsection and shall notify the
person who is assessed the civil penalty of the amount of the penalty and
the reason for assessing the penalty. In determining the amount of the
penalty the County Manager or his designee shall consider the severity of
the violation, the degree and extent of harm caused by the violation; the
type(s) of violation; the duration; the cause; the extent of any off-site
damage which may have resulted; and the cost of rectifying the damage,
effectiveness of action taken by the violator; adherence to the Plan
submitted by the violator; effectiveness of the Plan submitted by the
violator; estimated cost of taking corrective sediment control actions; staff
investigative cost; the amount of money the violator saved by
noncompliance, whether the violation was committed willfully, and the
prior record of the violator in complying or failing to comply with this
Ordinance, the Commission, or the Act. The County shall provide notice
of the civil penalty amount and basis for assessment to the person
assessed. The notice of assessment shall be served by any means
authorized under G.S. 1A-1, Rule 4. The notice of assessment shall direct
the violator to either pay the civil penalty assessment, or contest the
assessment within 30 days after receipt of the notice of assessment, by
filing a written petition for a hearing before the Board of County
Commissioners, or file a request with the Sedimentation Control
Commission for remission of the assessment within 60 days of receipt of
the notice. A remission request must be accompanied by a waiver of the
right to a contested case hearing pursuant to Chapter 150B of the North
Carolina General Statutes and a stipulation of the facts on which the
assessment was based. Notice of the assessment shall be served by any
means authorized under G.S.1A-1, Rule 4 to give actual notice.
3. Any appeals from the determination of the Board of County
Commissioners must be filed with the Superior Court of the County within
30 days following the Board’s issuance of its final determination. If
payment is not received or equitable settlement reached within 60 days
after demand for payment is made, the matter shall be referred to the
County Attorney for institution of a civil action in the name of the County
in Superior Court where the violation occurred, or the violators residence
or principle place of business. A civil action must be filed within three (3)
years of the date the assessment was due. An assessment that is not
contested is due when the violator is served with a notice of assessment.
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An assessment that is contested is due at the conclusion of the
administrative and judicial review of the assessment.
4. The clear proceeds of civil penalties collected pursuant to this Ordinance
shall be remitted to the Civil Penalty and Forfeiture Fund in accordance
with G.S. 115C-457.2. Penalties collected by the County may be
diminished only by the actual costs of collection. The collection cost
percentage to be used shall be established and approved by the North
Carolina Office of State Budget and Management on an annual basis,
based upon the computation of actual collection cost by each County for
the prior fiscal year. (In any event, the cost percentage shall not exceed
twenty percent (20%) of penalties collected).
B. Criminal Penalties: Any person who knowingly or willfully violates any provision of
this Ordinance, or rule or order adopted or issued pursuant to this Ordinance, or
who knowingly or willfully initiates or continues a land-disturbing activity for which
an erosion control Plan is required except in accordance with terms, conditions, and
provisions of an approved Plan, shall be guilty of a Class 2 misdemeanor which
may include a fine not to exceed five thousand dollars ($5,000.00) per calendar day
as provided in G.S. 113A-64.
Section 8.2223. Injunctive Relief
A. Whenever the governing body has reasonable cause to believe that any person is
violating or threatening to violate this Ordinance or any rule or order adopted or
issued pursuant to this Ordinance, or any term, condition, or provision of an
approved Plan, it may, either before or after the institution of any other action or
proceeding authorized by this Ordinance, institute a civil action in the name of the
County, for injunctive relief to restrain the violation or threatened violation. The
action shall be brought in the Superior Court of the County in which the violation is
occurring or is threatened.
B. Upon determination by a Court that an alleged violation is occurring or is
threatened, the Court shall enter any order or judgment that is necessary to abate
the violation, to ensure that restoration is performed, or to prevent the threatened
violation. The institution of an action for injunctive relief under this section shall not
relieve any party to such proceedings from any civil or criminal penalty prescribed
for violations of this Ordinance.
Section 8.2324. Severability
If any section or sections of this Ordinance is/are held to be invalid or unenforceable, all other
sections shall nevertheless continue in full force and effect.
Section 8.2425. Effective Date
December 16, 2019 {Insert new effective date.]
Section 8.2526. Reserved
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