1991-10-07(3) RM Exhibits
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AN ORDINANCE OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA AMENDING THE
ZONIN~ ORDINANCE OF
NEW HANOVER COUNTY ADOPTED
.~ OCTOBER 6, 1969
~
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. That the Zoning Ordinance of the County of New
Hanover adopted October 6, 1969, as amended be and the same is
hereby amended as follows:
ADD to Section 67-4 (1) Location of Buffer Strips
...However, no buffer will be required for high density
detached lots provided lots equal or exceed 5000 square
feet.
Section 2.
Any ordinance or part of any ordinance in
conflict with this ordinance, to the extent of such conflict is
hereby repealed.
Section 3.
This ordinance lS adopted in the interest of
public health, safety, morals, and general welfare of the
inhabi tants of the County of New Hanover" North Carolina, and
shall be in full force and effect from and after its adoption.
Adopted this
7th
day of
October , 1991.
~jlj:uL
Fred Retchin, Chairman
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AN ORDINANCE OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA AMENDING THE
ZONING ORDINANCE OF
NEW HANOVER COUNTY ADOPTED
OCTOBER 6, 1969
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. That the Zoning Ordinance of the County of New
.,
Hanover adopted October 6, 1969, as amended be and the same is
hereby amended as follows:
Amend Section 50-2, TABLE OF PERMITTED USE
HISTORIC RESTAURANT - PD B1 B2 11 12 R15
P P P P P S
ADD:
23-96
Historic Restaurant - A restaurant facility which is
located upon a site which is presently used for
restaurant purposes and which has been in continuous
use and operation for restaurant purposes since the
date of the initial zoning classification of said site
pursuant to the official zoning map of New Hanover
County.
Section 2.
Any ordinance or part of any ordinance in
conflict with this ordinance, to the extent of such conflict is
hereby repealed.
Section 3.
This ordinance is adopted in the interest of
public health, safety, morals, and general welfare of the
inhabi tants of the County of New Hanover, North Carolina, and
shall be in full force and effect from and after its adoption.
Adopted this
7th day of October, 1991.
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~rk to
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Fr Retc In, C alrman
Attest:
.i-.:.,~iIIIIIIoill
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,~, &a, <fV;J )99/
AN ORDINANCE OF THE COUNTY OF
'NEW HANOVER, ~ORTH CAROLINA AMENDING THE
ZONING ORDINANCE OF
NEW HANOVER COUNTY ADOPTED
OCTOBER 6, 1969
WHEREAS, the North Carolina General Assembly ratified
S~nate Bill 766 on July 20, 1~9D as Chapter S96 of 1989 Session
Laws (1990 Regular Session), effective October 1, 1991; and
WHEREAS, G.S. 153A-344.1 provides for the establishment
of a Statutory "Vested Right" upon approval of a "site specific
development plan"; and
WHEREAS, the County of New Hanover is authorized and
required to identify the specific types of zoning or land use
approvals that constitute a "site specific development" plan
within the meaning of G.S. 153A-344.1;
Therefore the Board of Commissioners of New Hanover County
doth ordain that the Zoning Ordinance of the County of New
Hanover adopted October 6, 1969, as amended be and the same is
hereby amended as follows:
Amend Definitions Section 23 as follows:
ADD:
23-94
ADD:
23-95
AMEND :
ADD:
109
Site Specific Development Plan- A land development plan
approved by the County Commissioners following notice
and public hearing which describes with reasonable
certainty the type arid intensity of land use for a
specific parcel or parcels. Site specific development
plans include special use permits, conditional use
permits and shopping center districts.
Zoning Vested Rights - The right pursuant to G.S 153A-
344.1 to undertake and complete the development of
property under the terms and conditions of an approved
site specific development plan. The duration of
vesting shall not exceed two years unless expressly
provided for by the County
SUPPLEMENTARY DISTRICT REGULATIONS as follows:
Vesting Rights - Any site specific development plan
approved by the County pursuant to this Ordinance shall
terminate as follows:
(a) at the end of the applicable vesting period with
respect to buildings and uses for which no valid
building permit applications have been filed.
(b) with the written consent of the affected
landowner;
(c) Following recommendations by the Planning Board
and upon findings by the County Commissioners, by
ordinance after notice and a public hearing, that
natural or man-made hazards on or in the immediate
'vicinity of the property, if uncorrected would
pose a serious threat to the public health,
safety, and welfare if the project were to proceed
as contemplated in the site specific development
plan;
(d) Upon payment to the affected landowner of
compensation for all costs, expenses, and other
losses incurred by the landowner, including, but
not limited to, all fees paid in consideration of
financing, and all architectural, planning,
marketing, legal, and other consultant's fees
incurred after approval by the County, together
with interest thereon at the legal rate until
paid. Compensation shall not include any
diminution in the value of the property which is
caused by such action;
(e) Following recommendations of the Planning Board
and upon findings by the County Commissioners, by
ordinance after 'notice and a hearing, that the
landowner or his representative intentionally,
supplied inaccurate information or made material
misrepresentations which made a difference in the
approval by the approval authority of the site
specific development plan; or
(f) Upon the enactment or promulgation of a State or
Federal law or regulation that precludes
development as contemplated in the site specific
development plan, in which case the approval
authority may modify the affected provisions, upon
a finding that the change in State or Federal law
has a fundamental effect on the plan, by ordinace
after notice and a hearing.
MODIFY: CONDITIONAL USE DISTRICT
59.7-6 Enforcement (1) Failure to Proceed in a Timely Manner
If within twenty/four months .... (Note: It was eighteen
months)
MODIFY: SPECIAL USE PERMITS
70-1(4) ....A special use permit issued by the Board of
Commissioners shall become null and void if construction or
occupancy of the proposed use as specified in the special
use permit is not commenced within twenty-four months of the
date of issuance...(Note: It was twelve months.)
section 2. Any ordinance or part of any ordinance' in
conflict with this ordinance, to the extent of such conflict is
hereby repealed.
Section 3. This ordinance is adopted in the interest of
public health, safety, morals, and general welfare of the
inhabi tants of the County of New Hanover, North Caro:lina, and
.1'..':-
shall be in full force and effect from and after its adoption.
Adopted this 7th October, 1990.
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