1990-01-02 RM Exhibits
,.
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD ~YSTEM
North Carolina
County of New Hanover
Road Description: A Portion of Marne Drive in.~ Glenwood II
Subdivision (Division File #632-N)
HHEREAS, the attached petition has been filed with' the Board of
County Commissioners of the County of New Hanover requesting that the
above described roads, the location of which has been indicated in red
on the attached map, be added to the Secondary Road System; and
HHEREAS, the Board of County Commissioners is of the opinion that
the above described roads should be added to the Secondary Road System,
if the roads meet minimum standards. and criteria established by the
Division of Highways of the Department of Transportation for the
addition of roads to the System.
NOH, THEREFORE, be it resolved by the Board of Commissioners of
the County of New Hanover that the Division of Highways is hereby
requested to review the above described roads, and to take over the
road for maintenance if they meet established standards and criteria.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of
comm~~rs of the County of New Hanover at a meeting on the~~day
of , i-9-S-g-;- /fj'fO .
/9 '1(/:
WITNESS m hand and official seal this the ~ day of ~;-1989.
Form SR-2
Luc'e
New nover County of
Commissioners
Forward direct to the District Engineer, Div. of Highways.
stateres.doc
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JAMES G, MARTIN
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
124 Division Drive
Wilmiington. NC 28401
919-343-0440
December 13, 1989
DIVISIOrN OF HIGHWAYS
JAMES E, HARRINGTON
SECRETARY
GEORGE E, WELLS, PE
STATE HIGHWAY ADMINISTRATOR
District 3 - New Hanover County
New Hanover County Board of commissioners
320 Chestnut Street
Wilmington, North Carolina 28401-4093
Re: Resolution Request
Gentlemen:
This office is considering the addition of portion of
Marne Drive in Glenwood II Subdivision (Div. File # 632-N)
to state system. After your consideration if you concur
with our recommendation, please furnish this office with
your resolution for our further handling.
Very truly yours,
(;' P. C~
J. P. Cook C1
District Engineer
JPC:saz
cc: Highway Maintenance Engineer
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STATE OF NORTH
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BEFORE THE BOARD OF
COUNTY COMMISSIONERS
COUNTY OF NEW HANOVER
In the Matter of Closing
A Portion of Jackson Street
ORDER
It appearing to the Board of County Commissioners of New
Hanover County that a Resolution of Intent to close a portion of
Jackson Street was adopted by the County Commissioners on the
20th day of November, 1989, and it further appearing that said
resolution called for a hearing to be held on the 2nd day of
January, 1990, at which time the County Commissioners would hear
complaints and comments of interested persons, and it further
appearing that notice of said hearing was published in the
Wilmington Star News Newspaper in accordance with the Road
Closing Ordinance of New Hanover County, and after conducting
such hearing the County Commissioners are of the opinion that a
portion of Jackson Street in the County of New Hanover should be
closed and are satisfied that the closing of same is not contrary
to the public interest, and that no individual owning property in
the vicinity of the roads will be deprived of reasonable means of
ingress and egress to his property by such closing, the legal
description of said road being as follows:
Beginning at an old iron pipe at the northwestern
, corner of Lot 5, BattleGround Park as recorded in Map
Book 4 at Page 52 of the New Hanover county Registry,
said point being at the intersection of the southern
right-of-way line of Settlers Lane (50 foot right-of-
way) and the eastern right-of-way line of Jackson
Street (50 foot right-of-way) in said Battle Ground
Park Subdivision; running thence from said beginning
point, along the eastern right-of-way line of said
Jackson Street and the western line of said Lot 5 and
Lots 4 and 3 of said Battle Ground Park, South 24
degrees 40 minutes east 300 feet to an old iron pipe,
the dividing corner between said Lot 3 and Lot 2 of
said Battle Ground Park; running thence, crossing said
Jackson Street, south 65 degrees 20 minutes west 50
feet to an old iron pipe at the southeastern corner of
a tract of land shown on a map prepared by George
Losak, R.L.S. No. L494 and annexed to the Town of
Carolina Beach, duly recorded in Map Book 28 at Page 76
of the New Hanover county Registry; running thence,
along the western right-of-way line of said Jackson
Street western right-of-way line of said Jackson Street
and the eastern line of said annexed tract of land,
north 24 degrees 40 minutes west 300 feet to an old
iron pipe in the southern right-of-way line of
aforementioned Settlers lane (50 foot right-of-way);
running thence, crossing said Jackson Street, north 65
degrees 20 minutes east 50 feet to the point of
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beginning, the same being a portion of said Jackson
Street proposed for removal from dedication as a
street.
NOW, THEREFORE, IT IS ORDERED AND DECREED that the above
described road be and the same is hereby closed. It is further
ORDERED that a copy of this order be filed in the Office of the
Register of Deeds of New Hanover County, North Carolina.
Adopted this the 2nd day of
January, 1990.
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Fr d Retc In, Chairman
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C rk to the Board
RE1URNEDTO 7Y~ '-144~- /file jJ~/7/7"/l5
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I. EDWARD BROWN
2. MARY BROWN
3.ANNE SEAWELL
4. VINCENT SMITH
5, AMSEY BOYD
6, UNITED RESORTS
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Rf:eo~nED :.HD VERIFIED
RE'BECCA ?, ;UCKER'
R,ECiSTER OF DEEDS
NEW iil,\;:';::? CO, He BEFORE
fES Z I II 34 AH '9f0UNTY
THE BOARD OF
COMMISSIONERS
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
IN THE MATTER OF RENAMING
A PUBLIC ROAD
ORDINANCE
It appearing to the Board of County Commissioners of New
Hanover County that consideration has been given to the renaming
of a Mallard Street (SR 1804), located in Harnett Township,
College Acres Subdivision and recorded as part of Plat Book 9,
Page 30 College Acres Subdivision: Section 2, and it further
appearing that a public hearing was held on Tuesday, January 2,
1990, at which time all persons were heard on the question of
whether or not the renaming would be in'the public interest, and
it further appearing that notice of said hearing was transmitted
to all resident owners and prominently posted in at least two (2)
locations along said road, and published in the Star News local
newspaper, and the Board of County Commissioners is of the
opinion that said road in New Hanover County should be renamed
and the renaming of same is in the public interest, the
description of which is delineated on the attached exhibit.
NOW r THEREFORE, IT IS ORDAINED AND DECREED that the above
nescribed road is hereby renamed MALLARD DRIVE.
IT IS FURTHER ORDERED, that. a copy of this ordinance be
recorded in the office of the Register of Deeds of New Hanov.er
County, North Carolina, and that notice of the action taken by
the Board of County Commissioners be transmitted to the
postmaster having jurisdictlon over the road, the North Carolina
Board of Transportation and to any city within five (5) miles of
said road in accordance with N.C. General Statute 153A-240.
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This the 2nd day of January, 1990.
mY'ANEDTO ~daJ11vfd-f/An";n7 (lH~f.&L-
F ed Retchin, Chairman
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ROAD RENAMING
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NOTE:Af'l adjoining property owners
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STATE OF NORTH CAROLINA;t~w;,
COUNTY OF NEW HANOVER J~ ~, ~'; M'; '~J~:~ID.(
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BEFORE THE BOARD OF
COUNTY COMMISSIONERS
IN THE MATTER OF RENAMING
SEVERAL PRIVATE ROADS in
BEAU RIVAGE PLANTATION
ORDINANCE
30
It appearing to the Board of County Commissioners of New
Hanover County that consideration has been given to the renaming
of several private roads, located in Federal Point Township Beau
Rivage Plantation and recorded as part of Map Book 28, Page 148,
Beau Rivage Plantation, Phase lA, and it further appearing that a
public hearing was held on Tuesday, January 2, 1990, a:t which
time all persons were heard on the question of whether or not the
renamings would be in the public interest, and it further
appearing that notice of said hearing was transmitted .to all
resident owners and prominently posted in at least two (2)
locations along said roads, and published in the Star News local
newspaper, and the Board of County Commissioners i~f the
opinion that said roads in New Hanover County should be renamed
and the renaming of same is in the public interest, the
description of which is delineated on the attached exhibit.
NOW, THEREFORE, IT IS ORDAINED AND DECREED that the above
described roads are hereby renamed: WETLAND DRIVE from Grand
Lac, SfvIALL DOVE COURT from Hibou Cours, PITCH PINE' COURT from
Bois de Pin, SUGAR PINE COURT from Bord de L' eau,TOWER COURT
from Dixieme Court, RIVAGE PROMENADE from Deux Lac Drive, BEAU
RIVAGE DRIYE from Colonie Rue, PETITE COURT from Petite Cours,
and SUMAC DRIVE from Dixhuit.
IT IS FURTHER ORDERED that a copy of this ordinance be
recorded in the office of the Register of Deeds of New Hanover
County, North Carolina, and that notice of the action taken by
the Board of County Commissioners be transmitted to the
postmaster having jurisdiction over the road, the North Carolina
Board of Transportation and to any city within five (5) miles of
said road in accordance with N.C. General Statute 153A-240.
This, the 2nd day of January, 1990.
~L.
F ed Retchin, Chairman
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
IN THE MATTER OF ASSIGNING
STREET HOUSE NUMBERS
BEFORE THE BOARD OF
COUNTY COMMISSIONERS
ORDER
It appearing to the Board of County Commissioners of New Hanover
County that consideration has been given to the assignment of house
numbers on Orange Street (SR 1311) and Blacktown Road, located in the
Communi ty of Castle Hayne, Cape Fear Township, road name and address
numerical range as follows:
Orange Street, 5300-6599; and Blacktown Road, 5600-5799.
WHEREAS, ready and accurate identification of developed property
is important for the delivery of general County services, for the
operation of commercial enterprises, for the response of emergency and
public safety vehicles, and for the convenience of the general public;
and
WHEREAS, a comprehensive and systematic property numbering system
is an efficient means ,of identifying property within the County; and
WHEREAS, such a system will promote the health, safety, and
welfare of the citizens of New,Hanover County.
THEREFORE, it further appearing that a public hearing was held on
the 2nd day of January, 1990, at which time all persons were heard on
the question of whether or not assigning house numbers would be in the
public interest, and it further appearing that notice of said hearing
was prominently posted in at least two (2) locations along said street,
that notice of the time, place and subject matter of the hearing was
prominently posted at the County Courthouse, and published in a
newspaper of general circulation in the County.
NOW, THEREFORE, it is ordained and decreed that' the above House
Number Assignment be made.
It is further ordered that a copy of this ordinance be transmitted
to the postmaster having jurisdiction over the road, to the Board of
Transportation, Sheriff's 911 dispatcher and to any city within five
miles of said road in accordance with N.C. General Statutes 153A-240.
Adopted this the 2nd day of
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:
SEE ATTACHED
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 tant.s of the County of New Hanover, North Carolina, and
shall be in full force and effect from and after its adoption.
Adopted this 2nd day of January, 1990.
~J4an
Attest:
50-3 Conditional Use District Classifications
Section 59.7
59.7-1
59.7-2
All existing zoning districts, except PD, Planned Development, and SC,
Shopping Center, shall also be designated CD, Conditional Use Districts,
as established by the County Commissioners. Each new Conditional Use
District is considered a separate zone and is not mapped until a
Conditional Use District rezoning and Special Use Permit has been issued.
All Conditional Use Districts shall be indicated by CD followed by the
general zoning district classification, as follows:
Conditional Use Districts
CD(R-20S)
CD(R-20)
CD(R-15)
CD(R-10)
CD(RA)
CD(B-l)
CD(B-2)
CD(O-I)
CD(I-1)
CD(I-2)
CD(AR)
CD(A-I)
Conditional Use District
(1/2/90)
Purpose - The Conditional Use District procedure is established to
address situations where a particular land use would be consistent
with the New Hanover County Land Use Plan and the objectives of this
ordinance but none of the general zoning district classifications
which would allow that use are acceptable.
This procedure is intended primarily for use with transitions
between zoning districts of very dissimilar character (e.g. R-15 and
B-2) where a particular use or uses, with restrictive conditions to
safeguard adjacent land uses, can create a more orderly transition
benefiting all affected parties and the community-at-large. It is
not intended as a routine substitute for the general rezoning
procedure, or for frequent use, because creating a large number of
such specialized districts can lead to excessive administrative
complexity and great difficulty in maintaining consistent and
predictable land use policies.
This procedure is intended only for voluntary proposals submitted in
the names of the owners of all property included in the peti tion/
application.
This procedure is intended only for firm development proposals, and
shall not be used for tentative projects without definitive plans.
Uses and Development Requirements
(1) Only uses allowed by right or by Special Use Permit in the
corresponding General Use District are eligible for Conditional
Use District consideration and any such use within a
Conditional Use District shall, as a mlnlmum requirement,
satisfy all the regulations of the corresponding General Use
District.
(2) Within a Conditional Use District, no use is allowed except by
Special Use Permit. The Permit may specify additional
conditions and requirements which represent greater
restr ictions on development and use of the tract than the
59.7-3
corresponding General Use District regulations, or other
limi tat ions on land which may be regulated by state law or
local ordinance. Such conditions and requirements shall not
specify ownership status, race, relig ion, character or other
exclusionary characteristic of occupant, shall be objective,
specific and detailed to the extent necessary to accomplish
their purpose, and shall relate rationally to making the Permit
compatible with the New Hanover County Land Use Plan, the
requirements for a Special Use Permit and other pertinent
requirements of the Zoning Ordinance, and to securing the
public health, safety, morals and welfare.
Petition/Application
(1) Who May Submit - Conditional Use District petition/applications
may be submitted only by all owners of all real property
included in the petition/application.
(2) Content - Each Conditional Use District petition/application
shall include a complete Special Use Permit application
satisfying the requirements of Article VII, "Provi~ions for
Uses Allowed as Special Uses" and a rezoning petition
containing the following general and site plan information for
the tract to be rezoned.
a. Tract boundaries and total area and location of adjoining
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 nonresidential uses, this shall include
approximate square footage and height of each structure,
an outline of the area it will occupy 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;
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 of the Zoning Ordinance.
i. Any additional conditions and requirements, which
represent greater restrictions on development and use of
the tract than the corresponding General use District
regulations, which are the minimum requirements in the
Conditional Use District, or other limitations on land
which may be regulated by state law or local ordinance.
2
59.7-4
j. Any other information that will facilitate review of the
proposed change.
(3) Submittal Procedure - Follow the provisions of Section 111-3 of
the Zoning Ordinance.
Approval Process
(1) Overview
a. In all Conditional Use District proceedings, only
testimony and other evidence pertinent to the specific use
proposed in the petition/application shall be presented.
b. After the public notice of scheduled hearing before the
Planning Board is delivered to the newspapers, no
amendments to the additional conditions and requirements
specified in the petition/application shall be added which
are less restrictive, including but not limited to less
setback, more dwelling units, greater height, more access
points, new uses and fewer improvements.
c. No rezoning to a Conditional Use District shall be
approved unless all conditions and requirement~ for the
companion Special Use Permit have been included
voluntarily by the petitioners, or their authorized
representatives.
d. No rezoning to a Conditional Use District shall be
approved unless the companion Special Use Permit is also
approved for the use or uses specified.
e. The companion Special Use Permit shall be approved only if
the requirements of Article VII, IIProvisions for Uses
Allowed as Special Usesll, Section 59.7-3 and Section
59.7-4(2) are fully satisfied.
(2) Property Owner and Public Notices - Follow the provisions of
Section 112-1 of the Zoning Ordinance.
(3) Planning Department Review - Follow the provisions of Section
112-2 of the Zoning Ordinance.
(4) Planning Board Consideration
a. Follow the provisions of Section 112-3 of the Zoning
Ordinance except as indicated below.
b. Planning Board members may propose additional conditions
and requirements beyond those listed in the peti tion/
application. Before the Board votes to recommend approval
or denial, the Board Chairman shall permi t the
petition/ application to be withdrawn or amended if so
desired by the petitioners or their authorized
representatives. If the petitioners desire additional
time to consider their course of action, they may request
a continuance to the next scheduled public hearing of the
Board.
c. The Board shall document the specific factual findings and
analysis leading to its recommendation. A recommendation
for approval shall be based on findings that the
requirements of Sections 59.7-2 and 59.7-3 have been fully
satisfied.
(5) Appeal of Planning Board Recommendations Follow the
provisions of Section 112-4 of the Zoning Ordinance.
(6) Action by the County Commissioners
3
59.7-5
59.7-6
a. Follow the prov~s~ons of Section 112-5 of the Zoning
Ordinance except as indicated below.
b. One or more Corrunissioners may propose addi tional
condi tions or requirements beyond those contained in the
petition/application. Before the Corrunissioners vote to
approve or deny, the Chairman of the Corrunissioners shall
permit the petition/application to be withdrawn or amended
if so desired by the petitioners or their authorized
representatives. If the petitioners desire additional
time to consider their course of action, they may request
a continuance.
c. When the petitioners have exercised or rejected their
option to amend their peti tion/ application, it shal:l be
considered for approval or denial as a two-part ordinance
amendment. The proposed conditional Use District rezoning
is considered first, then the companion Special Use Permit
proposal. If the Conditional Use District is denied, the
Special Use Permit is not considered. If both the
Conditional Use District and the companion Special Use
Permi t are approved, the ordinance amendment is. adopted.
If the Conditional Use District is approved but the
Special Use Permit is denied, then the Corrunission~rs shall
irrunediately rescind their approval of the Conditional Use
District because failure, to do so will create a
Conditional Use District without an approved use.
Approval shall be based on findings that the requirements
of Sections 59.7-2 and 59.7-3 have been fully satisfied.
(7) Effect of Approval
a. If the petition/application is approved, establishing the
Conditional Use District, all conditions attached thereto
by the companion Special Use Permit shall be binding on
the tract included in the Conditional Use District and all
subsequent development and use of the tract shall be in
accordance with the approved plan and conditions. No
building permit shall be issued for any development within
a Conditional Use District except in accordance with an
approved Special Use Permit.
b. If any condition imposed under the companion Special Use
Permit is found to be illegal, the approval of both the
Special Use Permit and the Conditional Use District shall
be null and void, and the tract shall be rezoned.
Alterations to Approved Conditional Use Districts
(1) Minor changes to an approved Conditional Use District or its
companion Special Use Permit shall be considered in the same
manner as that used for Special Use Permits as set forth in
Section 71-1(9) of the Zoning Ordinance.
(2) Any request for a change to an approved Conditional Use
District that does not qualify as a minor change under the
provisions of Section 71-1(9) of the Zoning Ordinance shall be
submitted as a new Conditional Use District.
Enforcement
4
Section 110
110-1
Section 111
111-1
111-2
111-3
(1) Failure to Proceed in a Timely Manner - If, within eighteen
( 18) months from the date of approval of the Conditional Use
District, no building permit has been issued for subject tract,
the Planning Department shall initiate action to simultaneously
revoke the Special Use Permit and rezone the Conditional Use
District to its classification prior to approval.
(2) Failure to Comply
a. The Inspections Director shall enforce the Conditions and
Requirements specified for each Conditional Use District
and its companion Special Use Permit following the
provisions of Articles X and XIII of the Zoning Ordinance.
b. If a violation of a condition or requirement is not
corrected within a reasonable time period, the Inspections
Director shall also refer the matter to the Planning
Department for initiation of proceedings to simultaneously
revoke the Special Use Permit and rezone the Conditional
Use District to its classification prior to approval.
Article XI Amendments (1/2/90)
Amending the Ordinance
For the purpose of promoting health, safety, morals or the
general welfare, the County Cormnissioners may amend the text
regulations and zoning map according to the procedures in this
Article. For certain types of zoning map changes, additional
provisions in other Sections of the Zoning Ordinance listed
below also apply:
(1) Planned Development District - See Section 53.5
(2) Shopping Center District - See Section 58
(3) Conditional Use District - See Section 59.7
Peti tion
Initiation of Amendments - Proposed amendments may be initiated
by the County Cormnissioners, Planning Board, Board of
Adjustment, or by one (1) or more interested parties, except
that petitions to create a Planned Development, Shopping Center
or Conditional Use District shall be submitted only in the
names of all the owners of all the included real property.
Petition Content - A petition for any amendment shall contain a
description of the proposed zoning regulation or district
boundary to be applied.
Submittal Procedure
(1) All necessary forms are available from the Planning
Department. The Department will upon request provide
instructions, interpret applicable requirements and
discuss the compatibility of the proposed change with such
requirements. Such assistance shall not be construed as
support for the proposal.
(2) Since major factors in considering a petition for a zoning
map change are the impact of the proposed change on the
value of adjoining parcels and its compatibility with its
surroundings, petitioners for such changes are encouraged
5
111-4
Section 112
112-1
to consult with owners of adjoining parcels and other
potentially affected parties before submittal.
(3) Petitions must be received by the Planning Department not
later than twenty (20) working days prior to the Planning
Board meeting at which the application is to be
considered.
(4) No petition shall be accepted within twelve (12) months
from the date of final action on the last previous
rezoning petition for any portion of the tract included in
the present petition. If the last previous petition was
withdrawn after the public notice for its scheduled public
hearing has been delivered to the newspaper under the
provisions of Section 112-1(4), the twelve (12) "month
period shall be measured from the date of such scheduled
hearing.
(5) A rezoning petition withdrawn before the public notice of
scheduled public hearing before the Planning Board has
been delivered to the newspaper does not restrict the
timing of later petitions in any way.
Fees - A fee to be established by the County Commissioners
shall be paid to the County of New Hanover, North C~rolina to
cover necessary administrative and advertising costs.
Approval Process
Property Owner and Public Notices
(1) Whenever a zoning classification change or Special Use
Permi t is proposed, the Planning Department shall notify
all owners of the subject tract and all owners of all
adjoining parcels of the proposed classification change or
Special Use Permit by first class mail at the last address
listed for such owner on the County tax abstracts. The
person mailing such notices shall certify to the County
Commissioners of that fact. Notices shall be mailed no
later than ten ( 10) days prior to the first scheduled
public hearing for the petition or application and shall
contain adequate information to notify such owners of the
spec if ic request of the petitioner/applicants as well as
the time, date and location of the public hearing.
(2) Failure of any addressee to receive notification shall not
in any way invalidate or affect subsequent action on the
petition or application unless due to failure to follow
the above notification requirements, in which case the
County Commissioners shall determine the appropriate
remedy.
(3) No later than ten (10) days prior to each scheduled public
hearing, the Planning Department shall post a clearly
legible sign or signs on the property and/or its
approaches to indicate the time, date and place of the
hearing and how additional information may be obtained.
Sign location or locations shall be selected to insure
visibility to neighboring residents and passersby.
6
112-2
112-3
112-4
112-5
( 4 ) In each of the two ( 2 ) calendar weeks preceeding the
County Commissioners' public hearing, the Planning
Department shall publish in the local newspapers a Notice
of Public Hearing indicating the time, date and place of
the hearing and giving a brief description of the rezoning
and Special Use Permit proposals on the agenda.
Planning Department Review
(1) The Planning Department shall review each proposed zoning
amendment and advise the petitioners on modifications
needed to satisfy applicable requirements. Such advice
shall not be construed as support for the proposal. Where
appropriate, the petitioners may be encouraged to c6nsult
the owners of adjoining parcels and other affected
parties.
(2) The Planning Department shall make recommendations to the
Planning Board as to the adequacy of each petition. These
recommendations shall include any further modifications
which, in the opinion of the Department, are needed to
satisfy applicable requirements.
Planning Board Consideration
(1) The Planning Board shall consider each proposed zoning
amendment ::it a regularly scheduled public hearing
advertised as described in Section 112-1 above and held in
accordance with its Rules of Procedure then in effect, and
make recommendations to the County Commissioners.
(2) In lieu of separate consideration, the Planning Board may
review a proposed amendment in a joint meeting with the
County Commissioners at a public hearing held in
conformity with the requirements of this Section.
(3) A recommendation for denial ends consideration of the
proposed zoning amendment unless the recommendation is
appealed. A recommendation for approval is automatically
forwarded to the County Commissioners for action. If
there is no recommendation within 30 days of the public
hearing, the petitioners may elect to have their petition
or application forwarded to the County commissioners for
action without a Planning Board recommendation.
(4) If a Conditional Use District proposal is being
considered, special procedural provisions listed in
Section 59.7 apply.
Appeal of Planning Board Recommendations - Petitions that
receive an unfavorable or adverse recommendation may be
appealed to the County Commissioners by filing a signed letter
identifying the petition they wish to appeal with the Clerk to
the Board not later than the tenth day following the public
hearing at which the adverse decision was made. All such
appeals shall be heard at a public hearing scheduled by the
County Commissioners.
Action by the County Commissioners
(1) The County Commissioners shall consider the Planning
Board's recommendation for each proposed zoning amendment,
7
unless the Planning Board recommends denial and the
petition is not appealed at a regularly scheduled public
hearing, advertised as described in Section 112-1 above
and held in accordance with its rules of procedure then in
effect. No amendment shall be adopted by the County
commissioners until after public notice and hearing.
(2) The Planning Department shall provide the commissioners
with copies of the petition as voted upon by the Planning
Board and the Planning Board's specific factual findings
and analysis leading to its recommendation prior to the
public hearing.
(3) The Planning Board Chairman or his designee shall review
the proposed zoning amendment, the Board's recommendation
and the factual findings, and analysis leading to the
recommendation at the hearing.
(4) If a Conditional Use District proposal is being
considered, special procedural provisions listed in
Section 59.7 apply.
(5) A cause of action as to the validity of this Zoning
Ordinance, or amendment thereto, adopted by the County
Commissioners shall accrue upon adoption of the Ordinance
or amendment thereto, and shall be brought within nine
months as provided in General Statutes 1-54.1 as amended.
(7/6/82)
8
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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:
Section 71
71-1
Special Use Permits Issued by the Board of County Commissioners
General Requirements
(1) Special Use Permits may be issued by the Board of County
Commissioners for the establishment of uses listed as
special uses in Article V after a public hearing ~nd after
Planning Board review and recommendation. The Planning
Board may recommend conditions which assure that the
proposed use will be harmonious with the area and will
meet the intent of this ordinance. Single-family
dwellings including mobile homes shall not require
Planning Board review prior to County Commissioner action.
(2) The owner or owners, or their duly authorized agent, of
the property included in the petition for a Special Use
Permi t shall submit an application to the New Hanover
County Planning Department at least twenty (20) working
days prior to the first regular monthly meeting of the
Planning Board. An application fee established by the
County Commissioners shall be paid to the County of New
Hanover, North Carolina to cover necessary administrative
costs and advertising expenses. (8/22/82) Such
application shall include all of the requirements
pertaining to it in this Article. (5/2/83) All adjoining
property owners shall be notified of the request as
outlined in Section 110-2(4) of this ordinance. (2/6/89)
The Planning Board shall forward its recommendations to
the Board of County Commissioners within thirty (30) days
after the meeting of the Planning Board at which the
application is heard. Failure to submit a recommendation
within this period shall be deemed a favorable
recommendation.
(]) Upon receiving the recommendations of the Planning Board
and holding a public hearing, the Board of County
Commissioners may grant or deny the Special Use Permit
requested. The Special Use Permit, if granted shall
include such approved plans as may be required. In
granting the Special Use Permit, the Commissioners shall
find:
;
(A) that the use will not materially endanger the public
health or safety if located where proposed and
approved;
(B) that the use meets all required conditions and
specifications;
(C) that the use will not substantially injure the value
of adjoining or abutting property, or that the use is
a public necessity; and
(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
plan of development for New Hanover County. (5/2/83)
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 2nd day of January, 1990.
:{t{~g4an
Attest: