2007-03-12 RM Exhibits
f\B30.1~.(
A RESOLUTION
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
The Board of County Commissioners of New Hanover County, North Carolina, does
hereby resolve as follows:
WHEREAS, the General Assembly has enacted new legislation codified as Section 47
30.2 requiring that every County appoint one or more review officers to examine and
approve plats and maps prior to recordation at the Registry of Deeds; and
WHEREAS, a review officer must examine and approve plats and maps to ascertain
mapping accuracy and consistency; and
WHEREAS, A Resolution was adopted by the Board of County Commissioners on
September 15, 1997 that for the unincorporated New Hanover County and the Towns of
Wrightsville Beach, Carolina Beach, and Kure Beach, that the designated Review
Officers be Dexter Hayes, Planning Director; Billy Oakes, Land Records Supervisor; or
Sam Burgess, Principal Development Planner, and that for the City of Wilmington the
designated Review Officers are Benjamin Brown, City Surveyor or William Penny, City
Engineer; and
WHEREAS, the Planning Director for New Hanover County as of July 2006 is Chris
O'Keefe.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
, that for the unincorporated New Hanover County that Chris O'Keefe, Planning Director,
be designated as Map Review Officer.
This the 12th day of March, 2007.
1J~Q. ~
William A. Caster, Chairman
Attest:
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Sheila L. Schult, Clerk to Board
X B 30.l<g.:L
RESOLUTION OF THE
BOARD OF COMMISSIONERS OF
NEW HANOVER COUNTY
WHEREAS, New Hanover County owns and operates a secure landfill located in the northwest section
of the county;
WHEREAS, the life of the existing landfill depends on measures to either limit the amount of waste
deposited or expand its capacity,
WHEREAS, expansion of the current landfill capacity can be achieved by extending the height of the
permitted area and horizontally expanding into an area north of the current operating cell, referred to as
Cell 6E;
WHEREAS, the current permitted Cells 2 through 6 are limited to a 1 OO-foot elevation;
WHEREAS, by expanding the permitted height of Cells 2 through 6 to elevation 170 feet and
horizontally expanding to Cell 6E would add significant capacity to the landfill;
WHEREAS, this expansion requires a permit modification because it is 10% greater than the existing
permitted capacity;
WHEREAS, North Carolina Solid Waste Management Rules, 15A NCAC 13B.1618 requires approval
by the New Hanover County Board of Commissioners for this permit modification;
WHEREAS, North Carolina Solid Waste Management Rules, 15A NCAC 13B.1618 also requires at
least one public meeting to inform the community of the proposed waste management activities prior to
approval of a permit modification;
WHEREAS, a required legal advertisement and public notice have been issued to inform the public that
the March 12,2007, Board of Commissioners meeting will satisfy the requirement for a public meeting to
present the proposal for a vertical and horizontal expansion of New Hanover County's Secure Landfill;
WHEREAS, no new construction or initial funding is necessary for the vertical expansion of Cells 2
through 6;
WHEREAS, a construction permit and funding for Cell 6E will occur as the space is needed;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of New Hanover County
that approval for a vertical expansion of Cells 2 through 6 from elevation 100 feet to elevation 170 feet is
granted. Additionally, approval for horizontal expansion to Cell 6E is also granted.
This the 12th day of March, 2007
i:)~ a~
William A. Caster
Chairman
ATTEST:
~\. '-~~
Sheila L. Schult
Clerk to the Board
X B 3D. 1<6. S
PROCLAMATION
BY THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
SEVERE WEATHER AWARENESS WEEK
2007
WHEREAS, in 2006, the National Weather Service in North Carolina issued 1,547 severe
thunderstorm warnings, recorded 1,226 incidents of severe thunderstorms with winds of 60 miles
per hour and/or large hail, and issued 168 flash flood warnings; and
WHEREAS, North Carolina is traditionally an active tornado state from March through May and
last year had 31 tornadoes touch down in 19 counties, resulting in eight fatalities and numerous
injuries; and
WHEREAS, lightning strikes are a significant threat in North Carolina, especially for people
involved in outdoor recreational and sporting events; and
WHEREAS, people are less likely to be injured when they know what to do when a tornado
warning is issued and severe weather conditions threaten; and
WHEREAS, the 2006 average lead warning time for severe weather was 16 minutes and citizens
should listen to local radio, television, a weather channel or a NOAA (National Oceanic and
Atmospheric Administration) radio for information on severe weather; and
WHEREAS, families should have an emergency safety plan for home, school and work, including
knowing where the safest locations are along regularly-traveled routes; and
WHEREAS, people should have a disaster supply kit on hand that contains a first-aid kit, a
battery-powered radio, flashlight with extra batteries, canned and other non-perishable food, a
hand-operated can opener, bottled water, sturdy shoes and work gloves; and
WHEREAS, Wednesday, March 14, is the designated day for tornado drills to be held statewide
in schools, government buildings and private companies; and
WHEREAS, the Department of Crime Control and Public Safety, the National Weather Service
and the Department of Public Instruction have collaborated to inform and educate North
Carolinians about how to stay safe in severe weather;
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that the week of March 11-17, 2007 be recognized as "Severe Weather
Awareness Week" in New Hanover County, and calls upon our citizens and interested groups to
observe the week with appropriate ceremonies and activities that promote awareness of severe
weather and how to stay safe.
Adopted this, the 1ih day of March 2007.
cw~c.~
William A. Caster, Chairman
Attest:
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Sheila L. Schult, Clerk to the Board
.:5 u...P. I V. 1:2. :L
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A to-Slip Community Boating Facility in an R-t5 Residential Zoning District
S-570, 12/06
The County Commissioners for New Hanover County having held a public hearing on February 5, 2007
to consider application number S-570 submitted by Colorado Coastal development, LLC for a special use
permit to locate a Community Boating Facility in a R-15 Residential District located at Lot Number 33 in
Seabreeze Sound Subdivision as depicted on the approved site plan and having heard all of 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 and 71-1 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 subject property is located within the Federal Point Fire District.
B. Private water supply will serve the dock facility.
C. The project will be located in Myrtle Grove Sound/Intracoastal Waterway, north of Snow's Cut.
D. Access to the site will be pedestrian from within Seabreeze Sound Subdivision, off Seabreeze
Road South.
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. The site is located in an R-15 Residential Zoning District. A Special Use Permit allows a
community boating facility in an R-15 Residential District under certain conditions.
B. The property will build a permitted residential pier between lots 28 and 29 which applicant
proposes to improve with 4 boat slips. This pier is not subject to the special use permit. The
requested special use permit for an additional community boating facility will create 10 additional
slips. The total sub-division has 36 platted lots.
C. The site plan does not show any off-street parking, because applicant states that parking will be
accommodated on the residential lots served by the facility.
D. The proposed community boating facility proposes ten (10) boat slips to serve lOnon-specified
residential lots of the 36 total lots in the subdivision, which meets the required ratio of not more
than 1: 1.
E. A pedestrian easement will be provided and conferred to each owner for access to the community
boating facility. .
F. No commercial activities are proposed for the facility, per the requirements of the ordinance.
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. Similar type projects exist in other residential districts in New Hanover County.
B. No evidence has been presented that the proposed use will injure the value of adjoining or
abutting 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 confomuty with the plan of development for New Hanover county.
In suppqrt of this conclusion, the Commissioners make the following FINDINGS OF FACT:
A. The New Hanover County Comprehensive Plan classifies the site as Conservation. The purpose
of the class is to provide for effective long-term management and protection of significant,
limited, or irreplaceable natural resources while also protecting the rights of the property owner.
Water-dependent uses are appropriate.
B. The 2006 Joint Land Use Plan encourages recreational access to estuarine and public trust waters.
C. CAMA permits will be required.
D. Surrounding land uses include single-family housing, some with docks and piers.
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 attached
site plan and 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. Deed restrictions or restrictive covenants are to be recorded in the chain of title for
lots 30, 31, 32 and 33, stating that no individual docks or piers will be allowed, other
than the planned shared dock with 4 slips between Lots 28 and 29.
2. Slips may not be leased or sold and only property owners or their guests may use the
slips.
3. The right to use the facility must be conferred by an easement appurtenant to the
residential project it is intended to serve, as required by the ordinance.
4. No overhead lighting will be installed.
Ordered this 12th day of March, 2007
Attest:
1J~O ~
William A. Caster, Chairman
~~\~ ~.'\~\lJw\\
Sheila L. Schult, Clerk to the Board
'I- [3 30. 11S.Lf.
AN ORDINANCE OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA
AMENDING THE ZONING AND SUBDIVISION ORDINANCE OF
NEW HANOVER COUNTY ADOPTED
OCTOBER 6,1969, UPDATED AUGUST 2006
A-355,11/06
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Ordinance of the County of New Hanover adopted October 6, 1969,
as amended, be and the same is hereby further amended as follows: (additions indicated
with underline)
Section 2. ADD (ALL NEW) Sec. 59.9 RFMU, Riverfront Mixed Use District.
59.9-1 Purpose. The Cape Fear River is one ofthe region's most valuab]e natural resources and
is the focal point of activity in downtown Wilmington. The Riverfront Mixed Use District is
established to support seven main obiectives: to enhance and preserve environmentally sensitive
areas along the river; to protect public access to the river through the creation of quality public
spaces. to preserve cultural and natural resources. to effect quality design and a variety of built
forms that result in a pedestrian scale as well as a compelling skyline: to promote and enhance
transit options. particularly pedestrian and water-oriented transportation options: to provide an
oppOltunitv for intensive development consistent with the urban form: and to encourage a mix of
uses that foster a sense of community and create a destination for residents and visitors alike.
The RFMU is an elective district avai]able only to parcels of land fronting the Cape Fear and
Northeast Cape Fear Rivers east ofHwv. 421. between the Holmes Bridge and the Memoria]
Bridge in Unincorporated New Hanover County. A height restriction overlay for the area directly
across from the Wilmington Historic District is subiect to additional restrictions on building
height. In the event of conflict between regulations for riverfront mixed use developments and
those in other sections ofthe Zoning Ordinance. the Riverfront Mixed Use regulations shall
supersede unless specifically stated otherwise. All development proiects within riverfront mixed
use districts are subiect to the CAMA Land Classification regulations.
59.9-2 Mix of uses.
(1) All RFMU developments must contain uses from at least two ofthe following categories:
(A) Residentia]
(B) Offi ce
(C) Commercial
(D) Institutional. quasi-public. public
(E) Enteltainment and lodging
(/) The total floor area of any RFMU development shall constitute no less than five (5)
percent of non-residential uses.
(3) Single-story structures shall not exceed twenty-five (25) percent of the gross buildinQ
footprint of all bui]dinQs within any RFMU development.
A-355
March 12,2007
(4) All buildings greater than thirty-five (35) feet in height must incorporate more than one
use.
(5) All buildinf2.s with riverfront and right-of-way facing facades shall incorporate non-
residential uses on no less then fifty (50) percent ofthe ground floor. Parking shall not be used to
satisfy any paJi of this requirement.
(6) The requirements for mix of uses may be waived by the Technical Review Committee
(TRC) for proiects of exceptional design or merit.
59.9-3 Permitted uses.
(1) Principal uses: All uses in this list shall be considered permitted uses within the RFMU
district. Ground floor non-residential uses should encourage a lively pedestrian experience by
offering a diversity of uses which utilize multiple storefronts and engaging public spaces. Uses
from the category of "adult establishments" are prohibited. Uses are categorized based on similar
impacts and to ensure diversity of uses.
(A) Residential category.
i. Family care homes
11. Group home supportive
111. Single family dwelling. attached
(B) Office category.
1. Banking services. without drive-through
11. Offices. Medical
111. Offices. Professional
(C) Commercial category.
1. Convenience food store. without gasoline sales
11. Farmers' market
111. Grocery store less then forty thousand (40.000) square feet.
IV. Marina. with or without fueling facilities
v. Night club (night clubs shall not abut an existing place of worship or be
within one thousand-five hundred (1.500) feet of existing residential uses
or districts.
VI. The following personal service establishments are permitted:
a. Beauty salon
b. Barber shop
c. Clothing alterations
d. Laundry. laundromat services. and drop off dry cleaning onlv
V11. Photography studio
V111. Recreation facilities: private indoor or outdoor
IX. Restaurant without drive-through windows
x. Retail sales establishment less then 40.000 square feet
Xl. Ship chandler
XII. Spas and health club
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March 12,2007
(D) InstitutionaL quasi-public use, or public use catef;!:ory. The following uses shall
not be accessed from or face riverfront facades.
1. Adult day care and child day care center
11. Clubs, lodges and recreation facilities
111. Government facility, not to include correctional or operational facilities
IV. Nursing and personal care bv special use permit
v. Religious institution
VI. Retirement center and life care community by special use permit
(E) Enteliainment and lodging category.
1. Amphitheater, located within one thousand-three hundred twentv (1,320)
feet of a facility that provides public parking with the capacity to
accommodate one-hundred (100) percent of required parking
II. Aquarium, located within one thousand-three hundred twenty (1,320)
feet of a facility that provides public parking with the capacity to
accommodate one-hundred (100) percent of required parking
Ill. Art gallery/studio
IV. Cultural arts center including theaters
v. Hotels and motels, except that hotels and motels do not satisfy the "non-
residential" requirement
VI. Meeting and events centers
VII. Movie theaters
VIII. Museum
(2) Supporting uses: The uses listed below are considered supporting uses to the required
categories. While the following uses are allowed by right, thev shall not count towards the
minimum required mix of uses. Even though the development may contain one (1) or more of the
following uses, it must still include at least two (2) of the five (5) categories (residential, office,
commercial. institutional/quasipublic/public, entertainment and lodging) listed above.
a. Accessorv buildings
b. Accessorv and auxiliary uses
c. Commercial parking facility, provided the requirements of 59.9-4(1 0) below are
met
d. Helipads, rooftop only
e. Public park, playground and associated facilities
59.9-4 General ree:ulations. The prevalence of environmentallv sensitive areas located along
the riverfront requires that flexible development standards be established to maximize natural
resource protection and land development potential.
(1) Riverfrontaccess: All RFMU developments shall have direct access to navigable waters.
A minimum of one (1) pedestrian access shall be provided. Pedestrian access shall be provided in
intervals no 8:reater then one (1) access every two hundred (200) linear feet of shoreline.
(2) Lot coverage: Maximum lot coverage in the RFMU district shall not exceed fifty (50)
Rercent.
(3) Buddin!!. Base: Delineation of the building base is required for buildings exceeding
building base height (See definitions in 59.9-7).
A-355
3
March ]2,2007
(4) Maximum Building height: Building height in the RFMU district shall not exceed one
hundred-fifty (J 50) feet not including up to sixty (60) feet utilized for structured parking.
Additional height up to a maximuim of thirty (30) feet may be permitted based on
compliance with the following performance option:
a. Dedication of private land area for public use greater than the required minimum
often (10) percent. For every five (5) percent of additional permanently
designated public space, building height may be increased by fifteen (15) feet.
b. Buildings in the height restriction overlay district are subiect to a maximum
building height of 75 feet.
(5) Building envelolJe: All buildings exceeding the maximum base height elevation shall
reduce building mass by no less than twenty-five (25) percent of the total mass above the base
elevation. as measured from the maximum base height to the overall height of the building,
multiplied by the total area of the building footprint using the following equation:
(Proposed Height - Base Height) x (Footprint) x (0.25) = Minimum Building Mass Reduction
(Above base height)
(6) Building setbacks and selJarations: All buildings shall be set back a minimum of sixteen
(16) feet from public rights-of-way and private streets. Setback from the river shall be in
compliance with the NC Division of Coastal Management buffer rules. All buildings less than
fifty (50) feet in height adiacent to single family residentially zoned and developed properties,
excluding those separated bv public rights-of-way, shall have a minimum setback from adiacent
single family residential equal to the height of the building. Buildings over fifty (50) feet in
height, excluding those separated by public rights-of-way, shall have a minimum setback from
adjacent single familv residential of fifty (50) feet.
(7) Underground utilities: All electric, cable television and telephone utilities, fire alarm
conduits, streetlight wiring and other wiring conduits and similar utilities shall be placed
underground by the developer or the appropriate utility company for all new RFMU
developments.
(8) Minimum landscaping:
(A) Shade trees are required along all streets. Shade trees shall be a minimum caliper
of three (3) inches (DBH). shall be located at a minimum fifty (50) feet on center
and must be single-stem canopy trees.
(B) Public spaces and common areas shall be planted with a minimum of two (2)
single stem canopv trees per everyone-thousand (1.000) square feet. Canopy
trees shall be a minimum caliper ofthree (3) inches (DBH). Two (2) canopy trees
may be substituted with three (3) understory trees per one-thousand (1.000)
square feet of public space or common area where overhead obstructions or other
site limitations make canopy trees impractical.
The Technical Review Committee (TRC) may permit alternatives to strict
conformance with the required location of landscaping under the following
conditions. However, in all cases, RFMU developments shall provide at least the
minimum square footage of landscaped area and number of trees required by this
Chapter.
A-355
4
March 12,2007
1. Preservation of natural stands of trees and existing ve€!etation.
Preservation of natural stands of trees may be substituted for landscaping
requirements as long as the total square footage of interior landscaping
meets the minimum required.
11. Additional landscaping in key areas. Provision of at least ten (10) percent
greater than the minimum landscaping area required in each of the
following areas: along the waterfront. a1 proiect entrances. in public
spaces.
111. Provision of low impact development. Landscaping necessary to achieve
low impact development standards as defined in Article 10 ofthis
Chapter.
(9) Signs: The following sign requirements shall apply to all RFMU developments:
(A) All internal signs in areas designated RFMU shall meet the following
requirements.
(a) Directional sizns. Not exceeding thirty (30) inches in height and
not exceeding four (4) square feet in area which direct on-premises
vehicular or pedestrian traffic and bearing no other identification
or advertising matter shall not be limited in number.
(b) On-oremises canoov or awning signs:
(1) A multi-family or nonresidential principal building may
install signs on or hanging beneath canopies, awnings and
hanging beneath overhangs or porch roofs provided:
a. There is no proiecting sign on the principal
building.
b. The combined total area of signs applied to
canopies and awnings shall not exceed twenty (20)
percent of the aggregate area of the face of the
canopy or awnmg.
c. Signs that are attached below a canopy, awning,
overhang or porch roof shall not extend beyond the
width of such canopy, awning, overhang or porch
roof and shall have a clearance of not less than nine
(9) feet above the pedestrian walkway and shall not
exceed three (3) square feet in area.
(c) On-oremises window signs:
(1) A multi-family or nonresidential principal building may
install on-premises window signs provided:
a. The area of such signs shall not exceed an aggregate
area equal to ten (10) per cent of the total ground
floor glassed window area of the building.
b. Such signs. if located inside the window. may be
neon slgns.
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5
March 12, 2007
A-355
c. Such signs shall not be located above the second
floor.
Cd) Special purpose signs:
(1) A multi - family or nonresidential principal building may
attach one (1) special purpose sign to a facade or window
provided such sign shall not be displayed more than twelve
(12) times in each calendar veal' for a maximum total of
sixty (60) days per calendar year.
(2) A single-family residential premises may erect one (1) on-
premises and/or one (]) special purpose sign subject to the
following restrictions:
a. Such signs refer only to the name, home occupation,
address and/or special purpose of the occupant
therein.
b. Such sign shall not exceed four (4) square feet in
area.
c. Such sign shall be setback a minimum of five (5)
feet from any property line.
d. Such sign shall not be located at a height above six
C 6) feet.
( e) Incidental signs:
(1) A multi-family or nonresidential principal building may
display incidental signs provided:
a. Such signs are flat mounted against the building,
window or door.
b. Such signs shall not exceed a total area of two (2)
square feet.
(f) Revolving signs: A revolving sign, specifically that of a striped
barber pole. is allowed only in coni unction with a barber shop.
(g) External illumination. if used, shall not be blinking, fluctuating or
moving. Light rays shall shine only upon the property within the
premises and shall not spill over the propeliy lines in any direction.
except by indirect reflection.
(h) Any premises or principal building may erect one (1) real estate or
construction sign adveliising specific property for sale. rent. lease.
development or construction. located on the premises. provided:
(1) Sale. rent or lease (real estate) signs shall not exceed six (6)
square feet in area.
(2) Development or construction signs shall not exceed thirty-five
(35) square feet in area.
(i) Anv premises may display one (1) on-premises freestanding sign subiect
to the following restrictions:
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March 12,2007
A-355
(]) Area. Freestanding signs shall not exceed thiliy-five (35) square
feet in area.
(2) Height. No freestanding sign shall exceed ten (] 0) feet in height.
(i) Any principal building may display attached signs subject to the
following restrictions:
(I) One attached sign per each frontage shall be permitted.
(2) Any principal building may display on-premises attached signs
provided:
a. Such sign is mounted parallel to the building to which it
is attached and proiects no more than eighteen (18)
inches from that building.
b. Such signs shall not extend bevond the roofline of the
building to which it is attached.
c. The combined total area of such signs shall not exceed
twenty (20) percent of the total area of the wall to which
the sign is attached, not to exceed two hundred (200)
square feet in total area.
(3) Attached signs may be displayed on the side or rear of a building
adjacent to an off-street parking area ifthe off-street parking area
is thirty-three (33) feet or more in width. Such signs shall be
subject to the same regulations as attached signs on the street
side of the building. However, the side or rear of the building
adjacent to the off-street parking area shall not be included when
calculating the area allowable to attached signs on the street side.
(k) Any principal building may display one (1) projecting sign subject to the
following restrictions:
(]) There is no detached sign on the premises.
(2) Such sign may project horizontally a maximum of six (6) feet,
but shall be setback at least two (2) feet from the back face ofthe
curb or outer edge of the pavement where there is no curb.
Setback distances for projecting signs which front on state roads
must be approved by the North Carolina DepaJiment of
Transportation.
(3) Such signs shall be erected at a height of not less than nine (9)
feet above the sidewalk or other pedestrian passageway.
(4) Such sign shall not exceed beyond the roofline ofthe building to
which it is attached.
(5) Such sign shall not exceed fifteen (15) square feet in area.
(I) Any premises or principal building may place sandwich board signs on
the public sidewalk subject to the following restrictions:
(1) Number of signs. Any premises, including those containing
multiple businesses: may place only one (1) sandwich board sign
per street frontage.
(2) Area and height. Any sandwich board sign shall not exceed
eight (8) square feet per side in area. ]n addition. the width ofthe
sign may not exceed two (2) linear feet with a maximum height
of four (4) feet. Within these specified maximum dimensions,
creative shapes that reflect the theme of the business being
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March 12,2007
A-355
advertised are encouraged (i.e. ice cream shop mav display a
si gn in the shape of an ice cream cone).
(3) Displav hours. Sandwich board signs shall be displayed only
during operational hours of the business being adveliised and
shall not be lighted. These signs must be removed each day at
the close of business. The hours of business operation shall be
indicated on the inside surface ofthe sign board.
(4) Location. Sandwich board signs may be placed on the sidewalk
directly in front of the associated use. Along streets with no
parallel parking, sandwich board signs shall be placed on the
sidewalk within four (4) feet of the curb. Along streets with
parallel parking, a two (2) foot step-out zone shall be provided,
and sandwich board signs shall be placed on the sidewalk at least
two (2) feet from the curb but not more than four (4) feet from
the curb. The location of any sandwich board sign shall be at
least twenty (20) feet from any intersection and at least five (5)
feet from any crosswalk or fire hydrant. No sandwich board sign
may be placed where the unobstructed space for the passageway
of pedestrians is reduced to less than four (4) feet. Trees. poles.
signs, hydrants, trash receptacles, tree grates. etc. are all
considered obstructions.
(5) Materials. alJlJearance. The sign must be constructed of
materials that present a finished appearance. Rough cut plywood
is not acceptable. The sign lettering should be professionally
painted or applied: a "yard sale" or "graffiti" look with hand
painted or paint-stenciled letters is not acceptable, however,
chalkboard signs shall be permitted. The written message of the
sign should be kept to the minimum necessary to communicate
the name of a business or a special message of the business.
(6) Indemnification. Anv person erecting a sandwich board sign
shall indemnify and hold harmless New Hanover County and its
officers, agents, and emplovees from any claim arising out of the
presence of the sign on County property or public rights-of-way.
The person erecting a sandwich. board sign shall sign an
indemnification agreement. approved by the County Attorney,
prior to the issuance of a sign permit. The indemnification
agreement shall be accompanied by evidence of insurance
covering the liability assumed in this subsection and the
agreement.
(7) Determination of Location.. Questions as to placement of
sandwich boards shall be determined by the Planning Director or
Chief Zoning Official.
(B) Freestanding signs, pole signs and outdoor adveliising signs shall not be
permitted.
(C) Proiect entrance signs shall be integrated into site entry. structural, and landscape
features and meet the following standards:
I. The sign area shall not exceed seventy-five (75) square feet and its
veliical dimension shall not exceed four (4) feet.
II. The maximum hei ght of any entry structure shall not exceed six (6) feet.
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March 12,2007
111. The sign and any structures shall be located so as to not obstruct the view
of persons entering or leaving the development.
lV. The main and secondary entrances shan be designated on the site plan.
Two (2) monument signs are anowed at the main entrance way, one (1)
on each side ofthe road or driveway with a combined total area not to
exceed one-hundred-fifty (150) square feet and with a maximum vertical
dimension of four (4) feet. Secondarv entranceways shan be restricted to
one (1) monument sign. not to exceed eighteen (18) square feet in area
and with a vertical dimension of four (4) feet. However, if secondary
entrance way signs are incorporated within an entry wall or other entry
feature, two (2) signs are anowed, one (1.) on each side of the access
road. not to exceed a combined total surface area of twenty-seven (27)
square feet and a vertical dimension of four (4) feet.
v. The main entrance way sign text is limited to the development name and
the name of one (1) tenant. Sign area devoted to a tenant name is limited
to twenty-five (25) percent of any sign area. Secondary entrance way text
is limited to the development name only.
VI. Internal illumination is prohibited except for kinetic signs in accordance
with the following:
1. Kinetic signs may be allowed on buildings housing
amphitheaters, cultural arts centers including theaters, meeting
and event centers, museums, and movie theaters except drive-ins
provided that:
a. the kinetic sign shall be displayed on only one (1) wall
of the building~
b. the wall on which the kinetic sign is displayed shall not
front any thoroughfare or arterial road;
c. the kinetic sign shall not strobe or flash, or utilize
graphics, letters, or text;
d. the area ofthe kinetic sign shall not exceed one thousand
two hundred (1,200) square feet or ten (10) percent of
the area of the building facade on which it is installed,
whichever is less~
e. between the hours of 11 :00 p.m. and 7:00 a.m., the
kinetic sign color shall be stationary and restricted to one
(1) color~ and
f. the kinetic sign shall be approved by the river front
mixed use development property owners' association and
shall be consistent with the architectural guidelines of
the development.
(J 0) Parking requirements:
(A) Surface parking may not exceed five (5) percent of the total parking area
provided or fifty (50) spaces, which ever is less, for each RFMU development. A
parking structure is considered paJi of the building footprint when a common
wall is shared between them.
(B) Surface parking shall be located to the side or rear of buildings or in the interior
of a block. Surface parking shall not be located on the riverfront side of
buildings. Surface parking shan be reserved for non-residential uses including
loading areas and emergency vehicle access and must be clearly designated as
such.
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March 12, 2007
(C) There is no minimum or maximum parkin~ limit for residential uses.
(D) On-street parking is permitted but shall not be counted toward required parking
for commercial uses.
(E) The design of all above-grade parking structures shall be visuallv compatible
with surrounding structures and shall relate to the design context of the area.
Exterior walls of parking structures shall be designed with materials. colors. and
architectural articulation in a manner that provides a visual compatibilitv with
adiacent buildings and environment. All parking structures shall be visually
obscured from the river.
Non-residential uses shall be included along first-floor street frontages. Active
uses are encouraged on the sidewalk level of parking structures. Ground floor
structured parking does not satisfy non-residential use requirements.
(11) General site design: Each of the following components shall be included in RFMU
developments. The site plan submitted for review shall include a narrative describing how the
proiect will incorporate each of these components:
(A) Clearlv defined common SlJaces. Plazas. courtyards. riverwalks and other areas
are necessary to provide for public gathering and interaction. Amenities such as
benches. planters. lighting. fountains. art and landscaping that further the design
theme of the proiect and encourage interaction are required.
(B) View corridors. Views of the Cape Fear River shall not be significantly
obstructed by buildin~s or other structures. All developments shall provide view
corridors along streets connecting to the river. Any street that tem1inates within
fifty (50) feet of the riverwalk shall provide a public space. park or access area
that is a clearly defined entry point to the required rivenvalk.
(C) Multi-modal translJortation olJlJortunities. Public boating. walking. bicycling. or
water taxi services and the facilities necessary for such uses.
1. Pedestrian accessibility and concentration of development ( critical mass)
within a compact. walkable area. Pedestrian circulation shall be clearly
defined with paving materials and/or landscaping and shall connect all
uses.
11. Bicycle and/or pedestrian connectivity to adiacent or nearby
developments is required. when feasible.
111. Sidewalks are required on each side of rights-of-way and private streets
throughout the development and are to be installed along all building
frontages. Sidewalks shall maintain a minimum width of twelve (12)
feet. Sidewalk width may be reduced on intemal private streets with TRC
approval. Sidewalks may be limited to a single side of rights-of-way or
private streets or sidewalk width mav be reduced when right-of-way or
private street abuts streams. ponds, or wetlands or when contextual
design constraints dictate. as determined by the TRC.
(D) Integrated design of the oroiect. Proiects require special attention to building
design because of the intermixing ofland uses. Functional integration of
residential and commercial uses shall be considered during design ofRFMU
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March 12, 2007
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projects. The following standards are intended to guide development of such
projects:
1. Primary building entrances shall be oriented toward public sidewalks
along primary street or riverwalk frontages. Development along new or
existing public streets should provide inviting facades and through
appropriate scale and quality materials should foster a walkable and
enioyable pedestrian environment.
II. Massing and development scale: No visible facade shall be "blank" or
without features or detail. For buildings greater than thirty-three (33)
feet in width. visible facades shall incorporate periodic transitions no
farther apmi than two-thirds (2/3) of the building height in order to create
a vertical orientation. This transition may be achieved by utilizing at least
two methods including, but not limited to the use of facade offsets,
recesses, pilasters or change in materials. For buildings exceeding four
(4) stories or fifty (50) feet. whichever is less, facades shall incorporate a
visual transition to distinguish the building base from the upper floors of
the building. This transition may be achieved by utilizing at least two
methods including, but not limited to the use of building facade offsets,
cornices. belt courses, moldings or other linear motifs.
For buildings greater than fifty (50) feet in width, facades shall be
expressed as two (2) or more separate building facades no greater then
fifty (50) feet in width utilizing the aforementioned methods. The
predominant orientation of fenestration (window arrangement) within the
facade shall also be veJiical. Horizontal bands or "ribbons" of windows
shall not be permitted within the first four (4) stories or fifty (50) feet of
building height. At least fifty (50) percent of the ground-level facade
shall be constructed oftransparent materials or otherwise designed to
allow pedestrian view of inside activities.
111. Height relationships: The exterior expression of any building facade
must be distinguished at a point not less than thiJieen (13) feet. six (6)
inches above the ground level at the front facade. This distinction may be
accomplished by incorporating features including but not limited to,
horizontal architectural members such as molding, belt courses, or a
change in materials or fenestration.
IV. Screening: All dumpsters, outside storage areas and any ground level
mechanical equipment shall be screened. Screening shall be a minimum
of six (6) feet in height and shall consist ofliving and non-living material
as specified in AJiicle 8 ofthis Chapter. Generic chain link fencing shall
not be permitted as a screening alternative.
(E) Dwelling unit size. Minimum residential unit size shall be seven hundred and
fifty (750) square feet.
(F) Connection to the surrounding communi1:\'. RFMU projects shall be designed as
an integral part of the surrounding communitv and not as an isolated
development. RFMU developments shall not be gated and shall be
interconnected to any surrounding developments with pedestrian and vehicular
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March 12, 2007
connections. Developments shall include plans for future pedestrian and
vehicular connections to adiacent undeveloped properties.
(G) Phasing. RFMU proiects mav be phased. Site plan submittals meeting all
requirements of this ordinance and other applicable sections of the Countv
Zoning Ordinance shall be considered to be a "phase". Additional phases shall
become pa]1 of the existing development. The entire proiect. including the first
phase and all subsequent phases, shall meet all ordinance requirements as a
unified development at all times. The Technical Review Committee (TRC) may
require all external street interconnections. storm water systems, utilities and
other public improvements to be constructed in the first phase to ensure that the
phase will function as a stand alone mixed use development. The first phase of
construction shall commence within twelve (12) months of proiect approval.
59.9-5 Public space.
0) Purpose: It is intended that RFMU developments incorporate public spaces. including
but not limited to: natural wetlands, forested areas. atriums. parks. the riverwalk. internal
cOUl1vards. plazas. or other undisturbed or improved spaces.
Each RFMU project shall contain a minimum ten (10) percent functional public space. in addition
to a riverwalk as defined in 59.9-5(2) of this section. Rights-of-way. other than street sidewalks.
may be included within public space calculations onlv if the right-of-way serves a primarily
pedestrian function.
Public spaces shall be pedestrian-oriented and shall shape the design and character of the proiect
through a connecting system of pedestrian areas that create a relationship among the various
components of the built environment. The pedestrian spaces shall include features such as
landscaping. gardens. benches. artwork. sculpture and water features to improve their appeal.
These spaces shall also provide a pleasant gathering place for transit users. Public space areas
shall provide adequate amenities for comfOl1 and convenience such as seating. lighting,
directional signage. bicycle racks, drinking fountains, shelters. trash receptacles. or public
restrooms.
To ensure that public spaces are well used, they shall be visible, easilv accessible by the public
and barrier free with multiple points of entry from public areas (streets. sidewalks. walkways, the
riverwalk. and bike paths). Public space shall be oriented to maximize exposure to the water and
scenic views. Streets perpendicular to the river shoreline shall be designed as landscaped
corridors that terminate with pedestrian access to the river. Public spaces mav be either natural or
recreational. "Natural" public spaces are intended to protect natural resources, protect water
quality and provide habitat for wildlife. "Recreational" public spaces are intended to provide
active or passive recreation oppOl1unities. Public spaces shall have linkages that reinforce
pedestrian movement. Merchandise and eating areas shall be designed to be contiguous with
public spaces and pedestrian ways.
Plants used in landscaping areas shall be native species, of the highest quality and of sufficient
quantity and scale to make a visual impact. Plantings shall be selected and located so that their
functional and aesthetic qualities can be maximized. Public space shall provide areas shaded bv
trees and/or structures. Small-scale storm water treatment shall be integrated into the landscaping
wherever possible, including recessed landscaped areas with curb openings or sloped curbs to
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March 12, 2007
serve as rain gardens or bioinfiltration areas. Restoration ofwetIand vegetation is encouraged
along the riverfront.
Sites of historic interest or sites providing an oppOliunitv and context for historical interpretation
along the riverfi"ont shall be incorporated into public space areas and appropriately
commemorated and marked with interpretive signage.
Development in the district shall integrate miwork into public space settings wherever possible.
Aliwork may consist of free-standing pieces (e.g. sculptures and fountains) or mav be integrated
with surroundinf2:s (e.g. relief sculpture embedded into pavement or walL mosaics, murals,
decorative fixtures. etc.) to create a strong visual interest. Artwork should be context-appropriate
and custom-made utilizing local miisans, reinforcing and complementing the character of the
riverfront. Public spaces designed to accommodate live performing mis and public gatherings
should be integrated into the development whenever feasible.
(2) Riverwalk: Riverfront propeliies possess the unique opportunity to provide public space
ad iacent to and along the Cape Fear River corridor. A riverwalk not only provides public access
to the river but also accents significant community asset and draws activity to and along the river
corridor. To serve the purpose of public access to the riverfront, all RFMU developments shall
dedicate the land necessary to provide for the construction of a continuous and contiguous public
riverwalk along the river's edge for a length as defined by the development's boundaries adiacent
to the riverfront.
(A) Easement and access: Public access across the propeliy, between the riyer's edge
and the public right-of-way, Priyate Street or structure running parallel with the
river's edge, shall be provided at a minimum width often (10) feet. This access
shall be granted through an easement or other property interest as approved by
the County Attorney. The access shall meet ADA Design Standards.
Developments shall provide public access connections to a riverwalk,
perpendicular to the shoreline at intervals of no more two-hundred (200) feet.
These walkways should be intensively activated with ground level retail
activities, landscaping, and be designed with a series of public spaces to
accentuate the pedestrian experience. This access shall be granted through an
easement or other propeliy interest as approved by the County Attorney. The
access shall meet ADA Design Standards.
The "river's edge" shall be defined as the "Normal High Water" (NHW) level
measured from the water's edge to the proposed building elevation closest to and
facing the river. "Normal High Water" is established by a field representative
from the Division of Coastal Management or by the New Hanover County Local
Permit Officer when an application for a CAMA permit has been submitted.
(B) Riverfront facilities shall provide multi-modal transpOliation oppOliunities,
including public boating, walking, bicycling, and public bus or water taxi uses
and the facilities necessary for such uses. Private dock space shall not restrict
public access to the riverwalk.
(C) Construction plans for riverwalk shall be approved bv the County Manager or
designee, in consultation with the County Engineer, and shall be designed to
accommodate future connections to adiacent parcels.
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March 12, 2007
(3) Dock space: Private dock space shall not restrict public access to the riverwalk.
59.9-6 Procedural requirements for the establishment of a RFMU District. Proposals for a
RFMU District shall be processed in three (3) stages: I) conceptual review. 2) rezoning
application/preliminary site plan: and 3) final plan/site plan. The conceptual plan shall
represent the applicant's general sketch and impression ofthe anticipated pattern of
development planned for the development. The preliminary site plan shall be reviewed by
the Technical Review Committee prior to submission of an application for Planning
Board agenda and shall contain the following information:
a. Tract boundaries and total area and location of adioining land parcels and
roadways:
b. Existing zoning of the tract and neighboring parcels and proposed tract zoning;
c. Proposed use of land. structures and other improvements. For residential uses,
this shall include number, height and type of units and site plan outlining area to
be occupied by each structure and/or subdivided lot boundaries. For non-
residential uses. this shall include approximate square footage and height of each
structure. an outline of the area it will occupv and the specific purpose for which
it will be used;
d. Development schedule including proposed phasing:
e. Traffic and Parking Plan to include a statement of impact concerning local traffic
near the tract. proposed right-of-way dedication. plans for access to and from the
tract. location. width and right-of-way for internal streets and location.
arrangement and access provisions for parking areas; A transpOliation
information sheet is required for any development that will generate more than
100 trips during the peak hour. a traffic impact studv may also be required. The
study shall be prepared in accordance with Standards and Guidelines approved
by the County and shall be submitted at least four weeks prior to the first
scheduled meeting a the pro;ect's review. (5/02)
f. All existing and proposed easements. reservations. required setbacks, rights-of-
way. buffering and signage;
g. The one hundred (100) year flood plain line;
h. Location and sizing of trees required to be protected under Section 67 ofthe
Zoning Ordinance and in the provisions for this district.
1. Any additional conditions and requirements. which represent Q,reater restrictions
on development and use of the tract which may include federal. state or local
ordinances or planning documents.
1. Any other information that will facilitate review of the proposed change.
The final plan shall provide the document on which building permits and other applicable
County approvals are issued.
59.9-7. Additional Definitions
Wav-finding sign: A siQ,n of which the message is exclusively limited to guiding the circulation of
and providinQ, direction for motorists or pedestrians within the site.
Buildin~ base: The lower levels of a building that do not exceed four (4) stories or fifty
(50) feet. whichever is less. and are distinguished architecturally from the upper floors of
the building.
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March 12,2007
Fenestration: The arrangement and design of openings, such as windows, within a building.
Normal Hizh Water (NNW): The ordinary extent of high tide based on site conditions
such as presence and location of vegetation, which has its distribution influenced by tidal
action. and the location of the apparent high tide line.
Kinetic sign: means a sign that depicts motion either illusory or actual.
Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the
extent of such conflict, is hereby repealed.
Section 4. This ordinance is adopted in the interest of public health, safety, morals and general
welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full
force and effect from and after its adoption.
Adopted the 12th day of March 2007.
Attest:
1J~a ~
William A. Caster, Chairman
~~\~ ~.~~\~
Sheila L. Schult, Clerk to the Board
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March 12,2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/12/07
Budget Amendment
Consent Item #: 5.2 Estimated Time: Page Number:
BUDGET AMENDMENT Number: 2007-71
DEPARTMENT: Sheriff's Office
BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual
budget ordinance for the fiscal year ending June 30, 2007:
Expenditure
Decrease
Increase
Controlled Substance Tax:
Supplies
$3,309
Revenue
Decrease
Increase
Controlled Substance Tax:
Controlled Substance Tax
$3,309
EXPLANATION: To budget Controlled Substance Tax funds received on 2/26/07.
ADDITIONAL INFORMATION: Controlled Substance Tax funds are budgeted as received and must be used for law
enforcement as the Sheriff deems necessary.
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
22
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/12/07
Budget Amendment
BUDGET AMENDMENT Number: 07-154
DEPARTMENT: Engineering
BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the Water and
Sewer District ordinance:
Expenditure
Decrease
Increase
Water and Sewer Administration:
Contracted Services
$23,280
Revenue
Decrease
Increase
Water and Sewer Finance:
Appropriated Fund Balance (W&S)
$23,280
EXPLANATION: To budget for HDR Engineering Contract for additional sewer manholes and NIE infrastructure
analysis.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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