OrderCOUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
32 Slip Community Boating Facility
The County Commissioners for New Hanover County having held a public hearing on November
3, 1997 to consider application number S-417, submitted by Saponos Pointe Homeowners Association, a
request for a special use permit to use the property located at Saponos Pointe Subdivision and having
heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT
and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set
forth in Section 72-37 of the County Zoning Ordinance WILL be satisfied if the property is developed in
accordance with the plans submitted to the County Commissioners.
2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the
first general requirement listed in the Ordinance; namely that the use will not materially endanger the
public health or safety if located where proposed and developed according to the plan as submitted and
approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT:
A The facility does not need sewer service. Water service can be provided.
B. Vehicular access is available via an adjoining tract having frontage along River Road.
C. The site is located in the Federal Point VFD District.
3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the
second general requirement listed in the Ordinance; namely that the use meets all required conditions and
specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF
FACT:
A. Community boating facilities are permitted by special use permit in the R-15 Residential
District. The site is zoned R-15 Residential.
B. The total number of boat slips does not exceed the total number of residential lots to be
served.
C. An unknown quantity of off-street parking designated for visitors is provided on adjacent
high ground. The ordinance requires one off-street space per slip, however, the County has
approved many similarly situated facilities with parking provided at individual lots within
the adjacent subdivision. The purpose of that variation is to promote water quality by
limiting impervious coverage.
D. Each lot owner in the adjacent subdivision (Saponos Pointe) will have access to the
facility.
E. No commercial activities are permitted and none are proposed.
F. Except for pier construction across marsh grass for pedestrian access to the docking
facility, land disturbance is expected to minimal. Some dredging is needed and will be
confined to a short entrance channel around the docking area.
4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the
third general requirement listed in the Ordinance; namely that the use will not substantially injure the
value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion,
the Commissioners make the following FINDINGS OF FACT:
A. In similar situations, the construction of piers, docks and boating facilities to serve
adjacent residential uses has preserved or increased property values.
5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the
fourth general requirement listed in the Ordinance; namely 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. In
support of this conclusion, the Commissioners make the following FINDINGS OF FACT:
A. Piers, docks, community boating facilities and related uses are commonplace along the
county's riverine and estuarine shorelines.
B. Similar facilities, though varying in scope and scale, have been constructed to serve nearby
subdivisions.
6. Therefore, because the County Commissioners conclude that all of the general and specific
conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS
ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED, subject to
the following conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in the
Ordinance for the proposed use, as well as any additional conditions hereinafter stated.
B. If any of the conditions imposed by this special use permit shall be held invalid beyond the
authority of this Board of Commissioners by a court of competent jurisdiction, then this
permit shall become void and of no effect.
C. Other:
1. All other applicable federal, state and local laws.
2. No more than 15 parking spaces be permitted in the planned visitor lot.
3. Outside lighting in the parking lot area be limited to directional lighting to
minimize impacts on the adjoining lots in Eastbank Landing.
4. Install a heavy chain with a lock across the driveway to the parking area to control
access. The chain should be connected to two (2) six (6) inch posts on either side
of the drive.
Ordered this 3rd day of November, 1997.
Robert G. Greer, Chairman