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Agenda 2011 10-03
New Hanover County, North Carolina o ik _...... ...I 4 PaIr4"10711 1r 11' October 3, 2011 Agenda Mission New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Integrity • Accountability • Professionalism • Innovation • Stewardship This page intentionally left blank. AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse z w 24 North Third Street, Room 301 ? u, Wilmington, NC `` x JONATHAN BARFIELD,JR.,CHAIRMAN•JASON R.THOMPSON,VICE—CHAIRMAN TED DAVIS,JR.,COMMISSIONER•BRIAN M.BERGER,COMMISSIONER•RICHARD G.CATLIN,COMMISSIONER BRUCE T.SHELL,COUNTY MANAGER•WANDA COPLEY,COUNTY ATTORNEY•SHEILA SCHULT,CLERK TO THE BOARD flu,. t ?�a a $�. ten' OCTOBER 3, 2011 6:00 P.M. MEETING CALLED TO ORDER (Chairman Jonathan Barfield, Jr.) INVOCATION (Richie Marshall, Executive Pastor, Port City Community Church) PLEDGE OF ALLEGIANCE(Commissioner Richard G. Catlin) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of a Resolution Declaring New Hanover County's Intent to Reimburse Itself with Financing Proceeds and Ordinance for Associated Budget Amendment 12-055 3. Approval to Apply for a Grant with the N.C. Governor's Highway Safety Program (GHSP) for 2012 Funding in the Amount of$10,000 4. Adoption of Budget Amendments ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS TIMES 6:10 p.m. 5. Consideration of Domestic Violence Awareness Month Proclamation 6:15 p.m. 6. Wilmington Miracle League - Wilmington Believes in Miracles Campaign Presentation 6:25 p.m. 7. Public Hearing Text Amendment (A-391, 06/11) - Request by Staff to Amend Sections II, IV, V, and VI of the County's Zoning Ordinance to Improve Classification of Industrial Uses and to Create a Special Use Review Process for Intensive Industrial Uses PUBLIC COMMENTS ON NON-AGENDA ITEMS (limit three minutes) ADDITIONAL AGENDA ITEMS OF BUSINESS 7:20 p.m. 8. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 7:30 p.m. 9. ADJOURN Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Board of Commissioners Meeting 10/03/2011 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 3, 2011 CONSENT ITEM: 1 DEPARTMENT: PRESENTER(S): Chairman Barfield CONTACT(S):Sheila L. Schult, Clerk to the Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meeting: Regular Meeting held on September 19, 2011 STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/03/2011 1 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 3, 2011 CONSENT ITEM: 2 DEPARTMENT: Environmental Management PRESENTER(S): John Hubbard,Environmental Management Director CONTACT(S):Sam Hawes,Landfill Manager and Lena Butler,Purchasing Supervisor SUBJECT: Adoption of a Resolution Declaring New Hanover County's Intent to Reimburse Itself with Financing Proceeds and Ordinance for Associated Budget Amendment 12-055 BRIEF SUMMARY: In the FY 11-12 budget,the Board approved the debt service payment on the purchase of an articulated dump truck in the amount of$66,796. Purchase of the Articulated Dump Truck will allow staff to haul on-site soil resources to be used for daily cover at the landfill. Adequately covering the waste at the end of each day is a State and Federal requirement. Currently staff rents an equivalent truck for that purpose at a cost of $7,800/month + tax. The cost to purchase a truck and haul soil from on-site is significantly more cost effective versus either paying for off-site soil to be hauled to our facility or renting a truck to do it ourselves. Staff will utilize the National Joint Powers Alliance contract issued to Caterpillar, Inc., to obtain the equipment with a quoted price of$299,728. The equipment will be paid for over a four (4) year period with payments scheduled to begin in FY 12-13 and continue through FY 15-16,respectively. The County intends to reimburse itself for the aforementioned equipment financing.A resolution declaring this intent is attached for the Board's approval.A budget amendment has also been prepared and is for accounting purposes to record and budget the financing proceeds. STRATEGIC PLAN ALIGNMENT: Effective County Management • Increase efficiency and quality of key business processes RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution and the ordinance for associated budget amendment 12-055. ATTACHMENTS: Resolution Budget Amendment COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners Meeting 10/03/2011 2-0 COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/03/2011 2-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION DECLARATION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES WHEREAS, in connection with the purchase of a an Articulated Dump Truck for the Landfill, the Board of Commissioners of New Hanover County DOES HEREBY DECLARE as follows: 1. This declaration of official intent is made pursuant to Section 1.150-2 of the Treasury Regulations to expressly declare the official intent of the County to reimburse itself from the proceeds of debt to be hereinafter incurred by the County for certain expenditures paid by the County. 2. The County desires to expend its own funds for the purpose of paying certain costs of acquiring an articulated dump truck to be used at the landfill by the County, for which expenditures the County reasonably expects to reimburse itself from the proceeds of debt to be incurred by the County. 3. $299,728 is the principal amount of debt expected to be incurred for the purpose of paying the costs for the purchase of the articulated dump truck. 4. This resolution shall take effect immediately upon its passage. ADOPTED this the 3rd day of October, 2011. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/03/2011 2- 1 - 1 AGENDA: October 3,2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12- 055 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 12-055 be made to the annual budget ordinance for the fiscal year ending June 30,2012. Section 1: Details of Budget Amendment Strategic Focus Area: Effective County Management Strategic Objective(s): Increase efficiency/quality of key business processes Fund: Environmental Management Department: Environmental Management/Landfill Expenditure: Decrease Increase Environmental Management/Landfill: Capital Outlay-Equipment $299,728 Total $0 $299,728 Revenue: Decrease Increase Environmental Management/Landfill: Installment Loan Proceeds $299,728 Total $0 $299,728 Section 2: Explanation This budget amendment is necessary to record the installment loan proceeds and associated expenditure to purchase the articulated dump truck for landfill operations. The installment financing agreement will be brought back at a later date for approval. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North Carolina,that the Ordinance for Budget Amendment 12-055 ,amending the annual budget ordinance for the fiscal year ending June 30,2012,is adopted. Adopted,this 3rd day of October,2011. (SEAL) Jonathan Barfield,Jr., Chairman ATTEST: Sheila L. Schult,Clerk to the Board Board of Commissioners Meeting 10/03/2011 2-2- 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 3, 2011 CONSENT ITEM: 3 DEPARTMENT: Sheriff PRESENTER(S): Sheriff Ed McMahon CONTACT(S):Fonda Sykes, Grant Management SUBJECT: Approval to Apply for a Grant with the N.C. Governor's Highway Safety Program (GHSP) for 2012 Funding in the Amount of$10,000 BRIEF SUMMARY: A project concept statement submitted by the Sheriff's Office has been approved for consideration by the N.C. Governor's Highway Safety Program (GHSP) for 2012 grant funding. The next step of the funding process is to submit the Local Government Resolution to GHSP. Explanation of the project follows: GHSP needs assistance in gathering statistics and coordinating the initiatives of "Booze It and Lose It" and "Click It or Ticket" in Region 2. The total project cost is $10,000 for in-state and out-of-state travel reimbursements for Sheriffs Office personnel that will assist in these campaigns. There is no local match requirement and will result in no change in positions. If the grant is awarded, a budget amendment will be submitted to the Commissioners for approval. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize the Sheriffs Office to submit a grant application and local government resolution to GHSP. ATTACHMENTS: Local Government Resolution GHSP 2012 LEL Grant 2012 LEL Grant ap COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners Meeting 10/03/2011 3-0 COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/03/2011 3-0 GHSP-02-A North Carolina Governor's Highway Safety Program LOCAL GOVERNMENTAL RESOLUTION Form GHSP-02-A (To be completed, attached to and become part of Form GHSP-02,Traffic Safety Project Contract.) WHEREAS, the New Hanover County Sheriff's Office (herein called the"Agency") (The Applicant Agency) has completed an application contract for traffic safety funding; and that New Hanover County Board of Commissioners (The Governing Body of the Agency) (herein called the "Governing Body") has thoroughly considered the problem identified and has reviewed the project as described in the contract; THEREFORE, NOW BE IT RESOLVED BY THE New Hanover County Board of Commissioners IN OPEN (Governing Body) MEETING ASSEMBLED IN THE CITY OF Wilmington, NORTH CAROLINA, THIS DAY OF , 20 , AS FOLLOWS: 1. That the project referenced above is in the best interest of the Governing Body and the general public; and 2. That New Hanover County Sheriff's Office is authorized to file, on behalf of the Governing (Name and Title of Representative) Body, an application contract in the form prescribed by the Governor's Highway Safety Program for federal funding in the amount of$ 10,000 to be made to the Governing Body to assist in defraying (Federal Dollar Request) the cost of the project described in the contract application; and 3. That the Governing Body has formally appropriated the cash contribution of$0 as (Local Cash Appropriation) required by the project contract; and 4. That the Project Director designated in the application contract shall furnish or make arrangement for other appropriate persons to furnish such information, data, documents and reports as required by the contract, if approved, or as may be required by the Governor's Highway Safety Program; and 5. That certified copies of this resolution be included as part of the contract referenced above; and 6. That this resolution shall take effect immediately upon its adoption. DONE AND ORDERED in open meeting by (Chairperson/Mayor) ATTESTED BY SEAL (Clerk) DATE Rev. 02/09 Board of Commissioners Meeting 10/03/2011 3- 1 - 1 el -41. ifOeil)C)0047 GHSP-01 North Carolina Governor's Highway Safety Program Traffic Safety Project Contract — Form GHSP01 SECTION A — GENERAL INFORMATION 1 Name of Applicant Agency 4, Name of Project Contact Person for Agency NEW HANOVER COUNTY Fonda Sykes/Lt. David MacAlpine 2.Address of Applicant Agency 5.Telephone Number of Contact Person SHERIFF +1 (910) 798-4216 3950 JUVENILE CENTER RD 'CASTLE HAYNE, NC 28429 . Email Address of Contact Person fsykes©nhcgov.com 3. Location of Project if different from it 2) 7. Fax Number of Contact Person +1 (910) 798-4230 , Federal Tax ID Number/Type of Agency 1 9. Type of Application Federal Tax ID Number: '56-6000324 Initial (0 Continuation County: NEW HANOVER COUNTY Year: C I C 2 (`0 3 Type of Agency 110.Funding Share C State r Non-Profit tri County C Higher Education Federal % 100.00 State c%0 0.00 C Municipality C' Hospital 11. Project Title (Optional): LEL 2012 112. Budget Total Project Amount Source of Funds Federal Amount State/Local Amount 1,Personnel Costs 1Contractual Services Commodities Costs Other Direct Costs :$10,000.00 $10,000.00 $0.00 1 Indirect Costs Total Project Costs $10,000.00 $10,000,00i $0.00 1 3 Specify How Non-Federal Share Will Be Provided, Project Number: CFDA#: 20. Work Type: SECTION BUDGET DETAIL Personnel Costs # Personnel Position F salary 2 3 4 5 6 7 ° 8 9 Version 1.0 Page 1 of 4 Board of Commissioners Meeting 10/03/2011 3-2- 1 GHSP-01 ,0 ! - -- - - ---------------- - - -- - - ----- ------ ----- -- - -i Total Salaries Cost: Persc)ririel Fringe Benefits Cost 2 5 6 8 11 10 Total Fringe Benefits Cost: Total Personnel Costs: Contractual Services Contractual Service To Be Provided Cost 1 5 6 �' -� - ------- -- ------- -- ---�-- - - �- < 7 � Total Contractual Services: Commodities Costs # ',Commodities cost 3 ! 4 7 8 11 12 Version 1.0 Page 2 of 4 Board of Commissioners Meeting 10/03/2011 3 zz GHSP-01 Total Commodities Cost: Other Direct Costs # ;Equipment Quantity Cap Amount Cost ° 1 2 3 4 5 8 Total Equipment Cost # Other items and Equipment Direct Cost Cost 2 3 4 5 6 7 8 Total Other Items and Equipment Direct Cost: # [Travel Cost 1 In-State Travel $4„000.00.' 2 'Out-of-State Travel $6,000.00 Total Travel Cost: $10,000.001 Total Other Direct Costs: $10,000.00 Indirect Costs ,„ # indireot costs cost 2 3 4 Total Indirect costs SECTION C NARRATIVE DESCRIPTION OF THE PROJECT Statement of Problem The Governor's Highway Safety Program needs assistance in gathering statistics and coordinating the initiatives of"Booze It and Loose ItU and "Click It or Ticket" in Region 2. This grant will be used to reimburse the New Hanover County Sheriffs Office for providing this assistance. Proposed Solution Goal#1: Improve participation in the GHSP initiatives of"Booze It and Loose It and "Click It or Ticket" in Region 3. Objectives: Attend checkpoints to meet with County Coordinators and other agencies within Region 3. - -- Goal #2: Version 1.0 Page 3 of 4 Board of Commissioners Meeting 10/03/2011 3-2-3 GHSP01 Goal #2: Objectives; Goal #3: Objectives: Outlined-below are the goTilief the Governor's Highway Safety Program. Please identify Wiiithgoal mataes that of your highway safety project. N.- In 2010, there were 1,325 traffic-related fatalities in North Carolina. The GHSP's goal is to reduce that number 25 percent from the 2005-2009 average of 1,505 to 1,129 by 2015. Ej In 2010, there were 412 alcohol-related fatalities in North Carolina, The GI-15"s goal is to reduce that number 35 percent from the 2005-2009 average of 445 to 289 by 2015. In 2010, there were 419 unrestrained fatalities in North Carolina. The GHSP's goal is to reduce that by 30 percent from the 2005-2009 average of 486 to 340 by 2015. { in 2010, there were 379 speed-related fatalities in North Carolina. The GHSP's goal is to reduce that by 25 percent from the 2005-2009 average of 543 to 407 by 2015. Ix In 2010,there were 170 motorcycle fatalities in North Carolina. The GHSip's goal is to reduce that 25 percent from the 2005-2009 average of 166 to 124 by 2015. 1E3 In 2010, there were 95 teen driver fatalities. The GHSP's goal is to reduce that by 30 percent from the 2005-2009 average of 255 to 179 by 2015. or In 2010, North Carolina's seat belt usage rate was 89.7 percent. The GHSP's goal is to increase that by 2.5 percentage points to 92 percent by 2015. SECTION D - SCHEDULE OF TASKS BY QUARTERS :List the schedule of tasks by quarters, referring specifically to the objectives listed in the narrative above. Tasks that extend beyond one quarter should specify the elements of the task that are to be performed for the specific quarters. First Quarter(October, November, December) 1-Seat Belt check point per month 1-DWI check point per month Attend GHSP Regional LEL Quarterly meeting Participate in all GHSP campaigns -- - Second Quarter(January, February, March) 1-Seat Belt check point per month 1-DWI check point per month Attend GHSP Regional LEL Quarterly meeting Participate in all GHSP campaigns Third Quarter(April, May, June) 1-Seat Belt check point per month 1-DWI check point per month Attend GHSP Regional LEL Quarterly meeting Participate in all GHSP campaigns Fourth Quarter (July, August, September) 1-Seat Belt check point per month 1-DWI check point per month Attend GHSP Regional LEL Quarterly meeting Participate in all GHSP campaigns li'i011,#;#4.101 ILW Note: 1.1. Submitting grant application is not a guarantee of grant being approved. 2. Once form has been submitted, it cannot be changed unless it has a status of"Return". Version 1.0 Page 4 of 4 Board of Commissioners Meeting 10/03/2011 3-2-4 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 3,2011 CONSENT ITEM: 4 DEPARTMENT: PRESENTER(S): Cam Griffin,Budget Director CONTACT(S):Cam Griffin,Budget Director SUBJECT: Adoption of Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2012. 12-051 -Social Services 12-058-Sheriffs Office 12-059-Finance 12-060-Health STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Control costs and manage to the budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of the ordinances for the budget amendments listed. ATTACHMENTS: B/A 12-051 B/A 12-058 B/A 12-059 B/A 12-060 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Budget amendment 12-059 was tabled until October 17. The other three budget amendments were approved 5-0. Board of Commissioners Meeting 10/03/2011 4-0 AGENDA: October 3,2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12- 051 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 12-051 be made to the annual budget ordinance for the fiscal year ending June 30,2012. Section 1: Details of Budget Amendment Strategic Focus Area: Intelligent Growth/Economic Development Strategic Objective(s): Understand/act on citizen needs Fund: General Fund Department: Social Services/TANF-Domestic Violence and Child Day Care Expenditure: Decrease Increase Social Services/TANF-Domestic Violence Assistance Payments $3,183 Social Services/Child Day Care Day Care Services $71,913 Total $71,913 $3,183 Revenue: Decrease Increase Social Services/Administration DSS Admin 1571 Funds-State $3,183 Social Services/Child Day Care Office of Day Care-State $71,913 Total $71,913 $3,183 Section 2: Explanation To adjust the FY11-12 budget for actual allocations received.DSS received an increase of$3,183 from the state to provide assistance payments to TANF clients(Temporary Assistance for Needy Families) experiencing domestic violence.No County matching funds are required.In addition,the state reduced the allocation for state subsidized day care by$71,913.DSS does not anticipate needing to cut services to existing clients.However,no new children will be pulled from the waiting list.As of 8/30/11 there were 798 children on the list. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North Carolina,that the Ordinance for Budget Amendment 12-051,amending the annual budget ordinance for the fiscal year ending June 30,2012,is adopted. Adopted,this 3rd day of October,2011. (SEAL) Jonathan Barfield,Jr.,Chairman ATTEST: Sheila L. Schult,Clerk to the Board Board of Commissioners Meeting 10/03/2011 4- 1 - 1 AGENDA: October 3,2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12- 058 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 12-058 be made to the annual budget ordinance for the fiscal year ending June 30,2012. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety/crime prevention Fund: Sheriff/JAG Department: Sheriff's Office/JAG Expenditure: Decrease Increase Sheriff/JAG: Capital Outlay-Motor Vehicle $53,663 Total $0 $53,663 Revenue: Decrease Increase Sheriff/JAG: Grant-Federal-U.S.Dept of Justice $53,663 Total $0 $53,663 Section 2: Explanation To budget the 2011 U.S.Department of Justice,Edward Byrne Memorial Justice Assistance Grant(JAG) award of$53,663.The City of Wilmington is the lead agency for this grant,which totaled$107,326.Both the City and the County were awarded$53,663. The Sheriffs Office will purchase 2 new vehicles and 1 used vehicle with this allocation. The Board of County Commissioners approved applying for this disparate agencies grant at their meeting on July 11,2011.There is no County match required. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North Carolina,that the Ordinance for Budget Amendment 12-058,amending the annual budget ordinance for the fiscal year ending June 30,2012,is adopted. Adopted,this 3rd day of October,2011. (SEAL) Jonathan Barfield,Jr.,Chairman ATTEST: Sheila L. Schult,Clerk to the Board Board of Commissioners Meeting 10/03/2011 4-2- 1 AGENDA: October 3,2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12- 059 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 12-059 be made to the annual budget ordinance for the fiscal year ending June 30,2012. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety/crime prevention Understand/act on citizen needs Fund: General Department: Emergency Management&911 Communications/Hurricane Irene and Governing Body/County Commissioners Expenditure: Decrease Increase Emergency Mgmt&911 Communications/Hurricane Irene: Salaries and Wages $200,000 Supplies 50,000 Total $0 $250,000 Revenue: Decrease Increase Governing Body/County Commissioners: Appropriated Fund Balance $250,000 Total $0 $250,000 Section 2: Explanation This budget amendment is to increase expenditure budget related to Hurricane Irene.Prior to actions taken at this Board of County Commissioners meeting,the Appropriated Fund balance is$5,903,930. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North Carolina,that the Ordinance for Budget Amendment 12-059,amending the annual budget ordinance for the fiscal year ending June 30,2012,is adopted. Adopted,this 3rd day of October,2011. (SEAL) Jonathan Barfield,Jr.,Chairman ATTEST: Sheila L. Schult,Clerk to the Board Board of Commissioners Meeting 10/03/2011 4-3- 1 AGENDA: October 3,2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12- 060 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 12-060 be made to the annual budget ordinance for the fiscal year ending June 30,2012. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Provide health/wellness education,programs,and services Fund: General Department: Health/Safe Kids Expenditure: Decrease Increase Health/Safe Kids: Supplies $300 Total $0 $300 Revenue: Decrease Increase Health/Safe Kids: Grant-Local Safe Kids Worldwide $300 Total $0 $300 Section 2: Explanation The Health Department received a grant award of$300 from Safe Kids Worldwide for Child Passenger Safety Week.This program promotes proper car seat use and provides education to the community.Funds will be used for educational materials and training associated with child passenger safety efforts.No County matching funds are required. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North Carolina,that the Ordinance for Budget Amendment 12-060,amending the annual budget ordinance for the fiscal year ending June 30,2012,is adopted. Adopted,this 3rd day of October,2011. (SEAL) Jonathan Barfield,Jr.,Chairman ATTEST: Sheila L. Schult,Clerk to the Board Board of Commissioners Meeting 10/03/2011 4-4- 1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 3, 2011 REGULAR ITEM: 5 DEPARTMENT: County Manager PRESENTER(S): Andrea Stough, Outreach Coordinator/Advocate, Domestic Violence Shelter&Services CONTACT(S):Bruce T. Shell, County Manager SUBJECT: Consideration of Domestic Violence Awareness Month Proclamation BRIEF SUMMARY: Andrea Stough is the Outreach Coordinator/Advocate for Domestic Violence Shelter & Services. She requests that the Board adopt a proclamation to recognize October 2011 as Domestic Violence Awareness Month in New Hanover County. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/03/2011 5-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS DOMESTIC VIOLENCE AWARENESS MONTH PROCLAMATION WHEREAS, domestic violence transcends all ethnic, racial, gender, and socioeconomic boundaries, weakening the very core of our community; and WHEREAS, the effects of domestic violence are far-reaching and may cause families to seek safe shelter, the criminal justice system to expend valuable resources, and families and friends to grieve the loss of life; and WHEREAS, 1,491 adults and children sought safe shelter or other direct services at Domestic Violence Shelter and Services, Inc. in the year 2010; and WHEREAS, Domestic Violence Shelter and Services, Inc. provides emergency support and ongoing services in New Hanover County for victims and survivors of domestic abuse; and WHEREAS, on September 4, 2002, Gladys Bryant, an employee of New Hanover County for more than two decades, and on August 6, 2008, Tarica Pulliam, an employee of New Hanover County for two years, lost their lives in acts of domestic violence exhibiting to all their coworkers and friends, the prevalence of domestic violence and its consequences; and WHEREAS, many other persons throughout New Hanover County and the United States find themselves in abusive relationships and need to find a safe and empowering environment. NOW, THEREFORE, BE IT PROCLAIMED, that the New Hanover County Board of Commissioners refuses to tolerate domestic violence in any form and wishes to create a society that promotes strong values, fosters a safe and loving home environment for every family, and encourages our citizens to enhance their efforts to work together to address the problem of domestic violence. BE IT FURTHER PROCLAIMED by the New Hanover County Board of Commissioners that October 2011 be recognized as "Domestic Violence Awareness Month" in New Hanover County. ADOPTED this the 3rd day of October, 2011. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Sheila L. Schutt, Clerk to the Board Board of Commissioners Meeting 10/03/2011 5- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 3,2011 REGULAR ITEM: 6 DEPARTMENT: PRESENTER(S): Peter Hexter,Wilmington Believes in Miracles Campaign Chairman CONTACT(S):Tara Duckworth,Parks&Gardens Manager SUBJECT: Wilmington Miracle League-Wilmington Believes in Miracles Campaign Presentation BRIEF SUMMARY: With nearly one in five persons in New Hanover, Brunswick, Columbus and Pender counties having some type of disability, adaptable recreation space is needed. Miracle Fields are a rubber,non-latex surface that is helpful and safe for persons with any mobility difficulties. Bases are inlaid to allow wheelchairs and other mobility devices freedom to navigate without obstruction. It has the look and feel of a baseball diamond without the potential hazards. The Miracle Field, located at Olsen Park off Murrayville Road,will offer a dedicated space to play baseball and enjoy the outdoors.Its use will promote physical activity,camaraderie,a sense of teamwork, and fun for all—team members,volunteers,family and spectators. The Wilmington Believes in Miracles campaign goal is to raise $750,000 to fund construction of the specialized baseball field and playground. STRATEGIC PLAN ALIGNMENT: Productive Strategic Partnerships • Develop appropriate public/private partnerships • Collaborate on regional planning • Understand and act on citizen needs • Deliver value for taxpayer money RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager) Hear presentation. COMMISSIONERS'ACTIONS: Heard presentation. Board of Commissioners Meeting 10/03/2011 6-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 3, 2011 REGULAR ITEM: 7 DEPARTMENT: PRESENTER(S): Chris O'Keefe,Planning &Inspections Director and Shawn Ralston,Long Range Planning Manager(Planning Board Representative: Troy Barboza) CONTACT(S): Nicole Dreibelbis, Current Planner; Jane Daughtridge, Current Planning & Zoning Manager; and Shawn Ralston,Long Range Planning Manager SUBJECT: Public Hearing Text Amendment (A-391, 06/11) - Request by Staff to Amend Sections II, IV, V, and VI of the County's Zoning Ordinance to Improve Classification of Industrial Uses and to Create a Special Use Review Process for Intensive Industrial Uses BRIEF SUMMARY: At its September 1, 2011 meeting, the Planning Board voted 6-0 to recommend approval of the text amendment. Nine people spoke in favor of the amendment and three people spoke in opposition to the proposal at the meeting. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use,economic development,infrastructure and environmental programs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of the text amendment as presented. ACTION NEEDED: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning text amendment is (or is not): 1. Consistent with the purposes and intent of policy 4.2 and others adopted in the 2006 land use plan; 2. Reasonable and in the public interest to improve classification of industrial uses and to create a special use review process for intensive industrial uses. ATTACHMENTS: A-391 Industrial Text Amendment Board of Commissioners Meeting 10/03/2011 7-0 A-391 Table of Permitted Uses A-391 Places that require SUP and CUP A-391 Nonconforming Status for Industrial Uses A-391 Date of Adoption Research A-391 Graphics A-391 Public Comments A-391 Script COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS'ACTIONS: Approved with reinserted language 4-1,Vice-Chairman Thompson dissenting. Board of Commissioners Meeting 10/03/2011 7-0 1 A-391 Text Amendment 2 Applicant: Staff 3 Amend Sections II, IV, V and VII of the Zoning Ordinance to improve 4 classification of industrial uses and to create a special use review process for 5 intensive industrial uses 6 Planning Board Action: 7 8 At its September 1, 2011 meeting, the Planning Board voted 6-0 to recommend approval 9 of this text amendment. Nine people spoke in favor of the proposal and three spoke in 10 opposition at this meeting. One hundred sixteen (116) people wrote letters or emails in 11 support and four wrote in opposition. 12 13 Section 56: I-1 Light Industrial 14 56.1: The I-1 zoning district is established to preserve land within the County for light 15 industrial uses and associated operations, including assembly, fabrication, packaging 16 and transport, where operations are conducted primarily indoors and where suitable 17 sites are served by rail, waterway, highway transportation systems as well as readily 18 available utilities. Heavy industrial uses in which raw materials are converted into 19 products for subsequent assembly or fabrication or where uses create an excessive 20 amount of noise, odor, smoke, dust, air borne debris or other objectionable 21 characteristics which might be detrimental to surrounding areas are not appropriate in 22 this district. Within the I-1 district, all operations conducted and all materials used or 23 held in storage shall be contained within enclosed buildings, solid wall, fence or 24 planting of such nature and height as to conceal such operation or materials from view 25 from any roadway or adjacent properties. No I-1 district shall be less than five (5) 26 acres in area. 27 56.2 Deleted (1/5/81) 28 56.3 Deleted (1/5/81) 29 56.4: Dimensional Requirements: 30 (1) Minimum Lot Area-None 31 (2) Minimum Front Yard- 50 feet 32 (3) Minimum side and rear yards for property abutting residential districts 33 shall be calculated in accordance with Section 69.11. September 1, 2011 A-391 Page 1 Board of Commissioners Meeting 10/03/2011 7- 1 - 1 34 (4) Maximum building height: 35 Forty (40) feet except for buildings located within the Urban Transition 36 Area and fronting along a Collector, Minor Arterial, or Principal Arterial 37 as indicated on the Wilmington Metropolitan Planning Organization's 38 most current Roadway Functional Classification Map, may exceed forty 39 (40) feet provided their FAR does not exceed 1.0. (2/7/83) 40 56.5: Parking: Parking and loading shall be provided in accordance with the 41 provisions of Article VIII. 42 56.6: Signs: Signs shall be in accordance with Article IX. 43 56.7 DELETED (3/9/88) 44 56.8: Existing Industrial Uses: 45 These standards and any requirement for a special use permit shall apply to all new 46 proposals in I-1 districts as shown on the Table of Permitted Uses. The term "existing 47 industrial uses" shall mean industries in active operation and open for business on a 48 tax parcel zoned I-1 and developed for that particular use as of the day prior to the 49 date of adoption of this section. Any existing industrial uses which did not require a 50 special use permit as of the day prior to the date of adoption of this section would be 51 considered a conforming use and shall not require a special use permit in order to 52 continue operations. 53 56.8.1: Modifications and/or Expansions of Existing Industrial Uses: For 54 modifications and/or expansions of existing industrial uses whose site conditions 55 were in conformity with the requirements of this ordinance prior to as of the day 56 prior to the date of adoption, the following conditions must be met. If these 57 conditions are not met, or if the existing industrial use is classified within the 58 Intensive Manufacturing category, and the modification and/or expansion changes 59 the particular use within that category, a special use permit will be required for 60 the modification and/or expansion. 61 A. Modifications and/or Expansions on the Same Parcel: 62 Modifications and/or expansions of existing industrial uses shall be 63 allowed if fully contained on the tax parcel currently developed for and 64 operating as such use and provided the following: 65 1. If the expansion and/or modification is for the same 66 existing industrial use that was in active operation and open September 1, 2011 A-391 Page 2 Board of Commissioners Meeting 10/03/2011 7- 1 -2 67 for business as of the day prior to the date of adoption of this 68 section. 69 2. If the expansion and/or modification is for a less intensive 70 industrial use than was in active operation and open for 71 business as of the day prior to the date of adoption of this 72 section. (Ex. An existing Intensive Manufacturing use 73 could transition to a use in the Artisan, Limited or General 74 Manufacturing category). 75 3. If the existing industrial use is classified within the 76 General, Limited or Artisan Manufacturing categories, the 77 use may expand and/or modify to a different use within that 78 same category. 79 B. Modifications and/or Expansions onto Adjacent or Contiguous 80 Parcels: Modifications and/or expansions of existing industrial uses shall 81 be allowed on tax parcels adjacent or contiguous (excluding rights of way) 82 to the current use, if properly zoned, and held in the same ownership as on 83 the day prior to the date of adoption of this section (including successor 84 ownership) and provided the following: 85 1. If the expansion and/or modification is for the same 86 existing industrial use that was in active operation and open 87 for business as of the day prior to the date of adoption of this 88 section. 89 2. If the expansion and/or modification is for a less intensive 90 industrial use than was operating as of the day prior to the 91 date of adoption of this section. (Ex. An existing Intensive 92 Manufacturing use could transition to a use in the Artisan, 93 Limited or General Manufacturing category). 94 3. If the existing industrial use is classified within the 95 General, Limited or Artisan Manufacturing categories, the 96 use may expand and/or modify to a different use within that 97 same category. 98 Section 57: I-2 Heavy Industrial 99 57.1: The I-2 zoning district is established to set aside areas of the County for a full 100 range of manufacturing, fabrication, assembly, warehousing, and distribution uses 101 associated with heavy industrial land uses where heavy industry can find suitable sites 102 served by rail, waterway and highway transportation. The district is also established 103 to subsequently protect nonindustrial districts situated outside the district and September 1, 2011 A-391 Page 3 Board of Commissioners Meeting 10/03/2011 7- 1 -3 104 minimize environmental impacts caused by the uses within the district. Outdoor 105 operations and storage are appropriate for this district provided that the district 106 standards are met. Certain uses within the I-2 district shall require a special use 107 permit as specified in the Table of Permitted Uses. No I-2 District shall be less than 108 five (5) acres in area. 109 57.2 DELETED (1/5/81) 110 57.3 DELETED (1/5/81) 111 57.4: Dimensional Requirements: 112 (1) Minimum lot area-None 113 (1) Minimum front yard building setback-50 feet 114 (2) Minimum side and rear yard building setbacks for property abutting 115 residential shall be calculated in accordance with Section 69.11. 116 (3) Buffers must be established between I-2 and adjacent, non-industrial uses, 117 in accordance with Section 67B-4 of this ordinance. 118 57.4.1: Review of external effects. All uses in the I-2 zoning district must 119 operate in compliance with current standards for sound, vibration, heat discharge, 120 glare, odor, air quality and water quality, as applicable under federal, state, and 121 local regulations. For uses that require a Special Use Permit, a non-binding 122 narrative must accompany the application that shall include a disclosure of the 123 projected external impacts of the project, including information about anticipated 124 federal and/or state permits that will be required. Section 71 further describes the 125 special use permit approval process. 126 57.5: Parking — Parking and loading shall be provided in accordance with the 127 provisions of Article VIII. 128 57.6: Signs—Signs shall be in accordance with Article IX. 129 57.7: DELETED (3/9/88) 130 57.8: Existing Industrial Uses: 131 These standards and any requirement for a special use permit shall apply to all new 132 proposals in I-2 districts as shown on the Table of Permitted Uses. The term "existing 133 industrial uses" shall mean industries in active operation and open for business on a 134 tax parcel zoned I-2 and developed for that particular use as of the day prior to the September 1, 2011 A-391 Page 4 Board of Commissioners Meeting 10/03/2011 7- 1 -4 135 date of adoption of this section. Any existing industrial uses which did not require a 136 special use permit as of the day prior to the date of adoption of this section would be 137 considered a conforming use and shall not require a special use permit in order to 138 continue operations. 139 57.8.1: Modifications and/or Expansions of Existing Industrial Uses: For 140 modifications and/or expansions of existing industrial uses whose site conditions 141 were in conformity with the requirements of this ordinance as of the day prior to 142 the date of adoption, the following conditions must be met. If these conditions are 143 not met, or if the existing industrial use is classified within the Intensive 144 Manufacturing category, and the modification and/or expansion changes the 145 particular use within that category, a special use permit will be required for the 146 modification and/or expansion. 147 A. Modifications and/or Expansions on the Same Parcel: 148 Modifications and/or expansions of existing industrial uses shall be 149 allowed if fully contained on the tax parcel currently developed for and 150 operating as such use and provided the following: 151 1. If the expansion and/or modification is for the same 152 existing industrial use that was in active operation and open 153 for business as of the day prior to the date of adoption of 154 this section. 155 2. If the expansion and/or modification is for a less intensive 156 industrial use than was in active operation and open for 157 business as of the day prior to_the date of adoption of this 158 section. (Ex. An existing Intensive Manufacturing use 159 could transition to a use in the Artisan, Limited or General 160 Manufacturing category). 161 3. If the existing industrial use is classified within the 162 General, Limited or Artisan Manufacturing categories, the 163 use may expand and/or modify to a different use within that 164 same category. 165 B. Modifications and/or Expansions onto Adjacent or Contiguous 166 Parcels: Modifications and/or expansions of existing industrial uses shall 167 be allowed on tax parcels adjacent or contiguous (excluding rights of way) 168 to the current use, if properly zoned, and held in the same ownership as on 169 the day prior to the_date of adoption of this section (including successor 170 ownership) and provided the following: September 1, 2011 A-391 Page 5 Board of Commissioners Meeting 10/03/2011 7- 1 -5 171 1. If the expansion and/or modification is for the same 172 existing industrial use that was in active operation and open 173 for business as of the day prior to the date of adoption of 174 this section. 175 2. If the expansion and/or modification is for a less intensive 176 industrial use than was in active operation and open for 177 business as of the day prior to the date of adoption of this 178 section. (Ex. An existing Intensive Manufacturing use 179 could transition to a use in the Artisan, Limited or General 180 Manufacturing category). 181 3. If the existing industrial use is classified within the 182 General, Limited or Artisan Manufacturing categories, the 183 use may expand and/or modify to a different use within that 184 same category. 185 186 ADD NEW SECTION to Article IV NON-CONFORMING SITUATIONS 187 Sec. 44-1.1: The standards outlined in Sections 56 and 57 of this ordinance, and any 188 requirement for a special use permit shall apply to all new proposals in I-1 and I-2 189 districts as shown on the Table of Permitted Uses. Any existing industrial uses which 190 did not require a special use permit as of the day prior to the date of adoption of this 191 section would be considered a conforming use and shall not require a special use 192 permit in order to continue operations. The term"existing industrial uses" shall mean 193 industries in active operation and open for business on a tax parcel zoned I-1 or I-2 194 and developed for that particular use as of the day prior to the date of adoption of this 195 section. 196 44-1.1.1: Modifications and/or Expansions of Existing Industrial Uses: For 197 modifications and/or expansions of existing industrial uses whose site conditions 198 were in conformity with the requirements of this ordinance as of the day prior to 199 the date of adoption, the following conditions must be met. If these conditions are 200 not met, or if the existing industrial use is classified within the Intensive 201 Manufacturing category, and the modification and/or expansion changes the 202 particular use within that category, a special use permit will be required for the 203 modification and/or expansion. 204 A. Modifications and/or Expansions on the Same Parcel: 205 Modifications and/or expansions of existing industrial uses shall be September 1, 2011 A-391 Page 6 Board of Commissioners Meeting 10/03/2011 7- 1 -6 206 allowed if fully contained on the tax parcel currently developed for and 207 operating as such use and provided the following: 208 1. If the expansion and/or modification is for the same 209 existing industrial use that was in active operation and open 210 for business as of the day prior to the date of adoption of 211 this section. 212 2. If the expansion and/or modification is for a less intensive 213 industrial use than was in active operation and open for 214 business as of the day prior to the date of adoption of this 215 section. (Ex. An existing Intensive Manufacturing use 216 could transition to a use in the Artisan, Limited or General 217 Manufacturing category). 218 3. If the existing industrial use is classified within the 219 General, Limited or Artisan Manufacturing categories, the 220 use may expand and/or modify to a different use within that 221 same category. 222 B. Modifications and/or Expansions onto Adjacent or Contiguous 223 Parcels: Modifications and/or expansions of existing industrial uses shall 224 be allowed on tax parcels adjacent or contiguous (excluding rights of way) 225 to the current use, if properly zoned, and held in the same ownership as on 226 the date of adoption of this section (including successor ownership) and 227 provided the following: 228 1. If the expansion and/or modification is for the same 229 existing industrial use that was in active operation and open 230 for business as of the day prior to the date of adoption of 231 this section. 232 2. If the expansion and/or modification is for a less intensive 233 industrial use than was in active operation and open for 234 business as of the day prior to the date of adoption of this 235 section. (Ex. An existing Intensive Manufacturing use 236 could transition to a use in the Artisan, Limited or General 237 Manufacturing category). 238 3. If the existing industrial use is classified within the 239 General, Limited or Artisan Manufacturing categories, the 240 use may expand and/or modify to a different use within that 241 same category. September 1, 2011 A-391 Page 7 Board of Commissioners Meeting 10/03/2011 7- 1 -7 Add to Adicie 11, Section 23: Definitions titly Gisinerratiesia Feel City A see n C sa Ione F.)'::ant nor andlia re to an tit:Isle r 1:a n el LA so yr h ich tie n era ass C'i iiiiet riCit y to be a'to iti iiii Jto d to cos ers, i nal le !iii sit mut 1 i mired to tie sai I 'Nisi iriiiii rn I ag fis Pi 1 iti es a re tici we porscor la tens. Th is d efi is it Ici--iii shall not i i'i el iii'de e lisciir i city i,p1 roc:u ceil at:or on .--a is rig ric a!Cu ra 1 na tires reS--iid ence, b 1,....:el n ess„ or oilier fri si iry who re use of t ii-:e al Patric ity:re rirroiJ iiii cod i s:II m ite isi wri lila ri re tI o assists re nrici.m pri sin. So la r parvise ii iiie mils a no Elect ni city itie n e ra icing feel;ities i; isirweve r, tor pu slaps-cis of th is o re inance they a re co ns I de;re cil, si .sie pa rate use in th e;fro la-ie of Perim i risresii I) I eel II),.,....11,,,;Storego Facilil,:.-iaaa A'Tani it y oth ose ,p ri ma r y p u rpose Is t h e stcs rage di stri-'•,'b.u is to n, m rid ng„ or t ris n:sire r of iir 1 a to in a:i`b le o,r co rn b;Asti Pie 1 iq u ids, !gases, o,r sail iii s, receive& or tra 1 rife r reri! ire' ritu de tire i n, ta el."-k iiiiis see 1, pipelines, tare car„ gluing, portairie tonic or containers or otter rnethoii, incluiling, oroperie, snub a n e et-,h:ia n o 1 gra:psi 1 i n e, irsi rose 1 ep o F, use 1, a n d earl is r fie els. 1.-Is is crisifi n iti oil shall ri ot Inc ici de rilintiii stations '!usicitl seely itor ifistribution to individua consamersi; isor shaU it irisclurie fore sire red ar°ran is si agricu it u rail '';',F.a am; res it')en cis, ,b us,n oss„ o r oth er',-',1r.acii 1 Poi viiih Pre is se of t act same I s 'III iterii tiontinerily tio orissite corsurription. rig coin ala t a iti,:iirtlif ritriiiissa co r-,,;(1 a n 1..!,:fa eau elicit! nasite nrociucficar of fiii;ocid:s by Ii II rna ri ariscie ring involving tee ei&Li "Lirr hang; ricies anti srisa:',:is sea le 1 igitir rape his n ice 1 f i s c i u Fir m i t w i t t Tv is tea uSeS I i cl ode grood Age gel ng :a n„iiii ca bi n et she i'ss, mi c stu tilos, Jewelry' re a Fr desire ring a riid si in"la r tirees of a ors a rid crafts o r via rti gra a 1 1-sot I sr tine nutieturing uses goat iscive eery firsitteci, it anis, iseg;ative externial iropects on surrourrifines ore foie nil fLiS,,,, grate r IC:sou rces, a 1 r qua!its,is isic!iinia r i'sci'ilisi:ic Mee lit ii. igisiciets iiiirSi'-ni.it":fiiiir"iii.ilrijng, titaI u'factiJ ri rag of ':i n"ghee ise ries ci r prod ati:s, pri ri a rII y fro ns previon sty pro,,-,riiis red ra a:te ri Tip'ce I use is i n el--tii cgs: r.,..,rii riling a ri d related su ape'rt ;act iviii es; m ch inert; rn a n afa ctu ri ngiii I: d era ri"Oa cuts ri nee corn o:ute r en cii e lerair is n--ic o roc ger ris is n lila eta ring; er-ii ectri ca I eisi u i:pm e nt„ a iis-iisi la rice, cram tie n is nt rn a n arra se u II Bides L': M b(tit; fia riii tie ris a n C rake red ri.sricatlest visa n UtZiCeLi.ri Ligliririee in,b ii,iii a n:ail or h ciii r ma iiii is tee ti ring a n,,,,,:.:i fis roe A Ct'inn esta b 1 ish ro e nits riaat tyII Leal i':y liar:wit ve:ry 1 i-rn r a nits nag:cities? este.,:iin a 1 i its oacts on .s u rue untii1 rig prope rifles, grate r I ose LI ii-CeS, A r ri u a i'it'il a ciao r,pubi,:c h ea it h. tlis no r4ii M si!-ri utsiciiiu ring M e--Iri Liiiiii Cii Li ri I ulk store go, ;1 d to r ha It at ti n i s it e 1 cm u n iiii ri iril ecl o roe u cgs iiiii riiiii is,r1,--ty f ro m ismiii re etce„ raw, roc yrs ed„ e r sego ri ilia ry el iiiiiiiiiTi,LS'S. eiiiiiiliiiiiii il U ses i eel u'd e texti 1 e rn ins; pre;duct ra-',:•;,i'is; up pa,s.e.:‘:: re a'is utictistu ri nig; to:air:in or and el'hal tiro 1 Licit rna n Lifts et Ur grood prod is cit ma nufacian ri n,6; plastics rang rusUrrier isroducts cranutauturing; nortinerienic seinen:A arariect It in...e'Fa dui ni 41.3a 'it.ra nspealuel o n a',..,)u I p an ere: ma n u la Clii J ring; 'Si erns is ry au eta 1 m a n uf a cau ring; a If ifis la r tissiti2 C an eta E,'; iT,rad LI Ct rtan sfliactiu ring. A-391, 7/21/2011 Page Board of Commissioners Meeting 10/03/2011 7-2- 1 Indostriii service firers engagied in Pito risoairr or s-ervicire!-of innustrial -,:r..ir corerisierciiiial tnechinere„ e cue i secto n t, pro d.u et s„ :o r ip7,,..:....,,pp ri's d a ct s. rupice I use s !fl el u Co: vie 1 d i lig ,sh to es; ten hine ,,s h iiii!es; i o ri 1,.:::5 tri ia li- too 1 reiiIiiii r; "reel ri II cl istri-iii utro rs; so I i iii fool :yard s; --a n d carpet okra n i rit-g rio lin nts„ Gene ra 1 re„a n era ct u ri itg ta e.:i i iti es i poi u'7;.-e t i.IOSe .-':5 pe rs ri le n 5 t It ist. do n et :haves[tin ifi co nt 1: e grit lee trete roe tri pacts in se rip!!nal,'ng a re ere rt ies thia te,.' re so u rces„ air quail ire a a direr?obi its iirearlith. tile n ilt,F7'.- C(t-.,1,',:ring an d :p„recessi ri pi ar in roil u Ps a a d mem ica is in el Atli it!, titter n et i i rit i-iced te: a cote 1 e n e, 1 1 rne„ :gypsum oir ore-S;L:E?5 solente ri s, sten e, ciao, glass, Ce--,rrie nt, corrosive acid irris tertificier„ insiscaticiides, oisirrri'ereitxrris, noiscine, expirisives, it laccerer, a rn is h, petrel e a rn p red u can C9 iF::':!?, P laSt it ;-',.1 d. f-7:',i,rt:::h Cti c nos i s, a ne rad los ctive roe re rii 1 si Tails %r up a Ise i n al c es sip cat rig, ie n irn-a I sin riquilii to ri rites oanermitnefectu ri n g, ei 1 isrfinin-Ft, ft.;e ,st a rs Ere tin c i 1 it les, -a r-lci ofectri city g a n!--e toting'foci ritios, as rue 1; ,as a n iti rep raufa cue fl nig a! p r-occ sal n g fa ir i 1 ity vi-fh Loh hes :-.4 high pierenti al 1 for sign[fire nt negative extern si 1 1 i,rn loots en sis rm.!iii n d log tiro:poi rid es,orals:or rasp a aces, a i r iiiiii!u a 1 itiii eirid/or o oh i ic treeithi tin i et i niii ) 'the biro a ki o:iii; of he is i.,,,,,,rice so I! in o crier to fa is i 1[Cat e :o r ,a rico irii!i-o 1 is h the estraction or remove 1 of to i n e re li,ore:, or oft e r so iiiii ietattier. (i..it Aniit activity"or process constitutrtig sill or ;ears ot a „precess for tile extraction or rerroxvel err:re i n sr re is in re s, soils, a n ci ether sold Erna tt e r fr:n in theirorigi n:a 1 1 ace t to n (C1-: I F i e 1.,...',-,;i re) retro n„ w e eh iiiiig, it r-e.a n i ni; o r Wise r IN arn ant of nilinercils, ores, cr retier soltri m arta r so it s lio -ma ke:1:he,ris ..s u ite iib les fa r canerne sc in 1, it-id ustria 1 or;',,,rio rii st re-di!--o n use. eihe definition applies reigaroless of vanother tile: mining ectintitts is iror is conamerrial ',or it ion cc ro roe re Ii 1 ti LI j`:.''-'R"use, is rid rega ii:d 1 ass or size eir is!'h e affect id stica a. illictiv It re is such :a 5 -sib race rinitio ,-,troix az no ng, a it.rile re gra ia se es is,Iii , and ce:h is r 6 ri 1 1 i isigi -a n d es an Iii 1 i n g for Ltie,','.7-:;1-.::.,Ate,.::h n lest 1 testi i'113, rn iv e ro I ocean rce i nvestigati o n s, o r ::i;E:!:0 0 g ir;a I rose is rch errs act con sidereal re In i Ria, Exca v a t i ori of ro it le re 1 res o.:i roes :a s is au:foto rif wits; t lite -c o ri st n.,1 or i an o r mei in re n a isi no of is n app iioveci lii-p lion eject in si ccurrcI a nce path 15ilit i'ili Ciree alla .1512,01i I is not co:Joel:rile re a tin i ni ng. Enstron trio nt a 1 re meal iatio is or r o e l,,s,'mist„i„tin prelocts or i l i:hi e re a a s s i of elate del i noises nta I to cariatiiiiin arid :carried nor p LI rS Li unit to ;en :a pp-roved site „pion ',:ras soccitied in G.S,, 71S-4til l::::7)-:,-,t1:1 o:,,il the eiiiiiiiing Act of 1971) „are exervir trorn this iiii-enitio-n one iihslii be allotaree in ar ia! zincing di stri ct usistri rasa eisol ica lal cii state a nci loco 1 iiiiiiie r m its is irs a cq Pied i Add to Anicie VII,Section 72:Additional Restrictions Imposed on Certain Special Uses 5ectiM1: 2 ippip,,.p,1,!..",„:.:-,:i.,::::_p,irp;"tip,"A i pi nig Popp intensity snirilia;. orieratkins stiiirril lee peranitted ha. amnesia-nee eolith trite ,--use iii&isles in ,Section i l i i n t i s 2, 5-a e l e c t t-;i::,'J Hi--fE!'f e l:1 o viol n g: ( ) 0 ass i ,ItA i ri i n g CS!serail-am may not a:cue p y rn no re it a n 20 iti arcs. Soil iit r o'i,-,he.it. P. rice rico 1 lea is ed if nate or floe. se nit, emu!, riticir, fossil tie nos its, ,ilecit, fill a.,,--12(:).::::::;,,,,.r;i.i) :i-m-,-a).': '''-'be rernovett for use offisite. Honsavrar, no fir other oirecit-e processing A-391, 7/21/2011 Page 2 Board of Commissioners Meeting 10/03/2011 7-2-2 is perroitted (i.e. use itaiii conveyor sati tern s; scree n i ng rel achin es; err sil i ergo c:r orb e r rin e cha nisei eq u i t_iii tin quit). es ining l-r,i,,,,.r,,,.5 ltri:h e re .::,-;..1''''L h er o'fT:-;---sF-!...:.e process ins; a ctivities a re co l a d ii cted are ceiiiside re al C s 1'!' niii In lag tit se-riiiiit oils. The use"int plosives is not prinitted. An rei i n i rrg ta ice raticins 0 rid t lee I r isi ti s oc i a tied is ctiviti as shall core ply mit iii iiithie to 1 1 awi nt; sta nd it ral s vile ei n ti eveas e I ng tioeu rs: t. itiii ust be !o ad ;iii rain i re is in 0 t .100 feet trete a b .)tits!tie r 1 i nes. b. the ilenth of each itiscavation oiis stsaii not exceed ilitii fent. Iii --1 nite raise tit i pi.i ng snipe ruitions Filth i 1 e pelts, t si In Eng ocie re ti ins.s.iiita 1 bit Inapt it d in :ace a rd a acc:e wit"h '.7-.he ilieti'''.•:'''_a,IY es I ri Secstian F iiii-2„ sntelect to the le 1(',7rMi ng Th is as i n i ran at hat s Lae sha libe eves nave (2) Soil a t r ciii1-.iitri ,u rico n so i t i i a te d ns a t e ri a 1 (i.e. .s a me, M:_k,1 r I, r o c Iiiin i f i e tisi 1 tie ocis its, p eat:, i f i I 1 co tuosoti'.'i in:ay in re ! for use! off-site. A.iitiiitional orissite ;srcicesslna steal! pierce itted i',:i.e. Use at co rateiso-'t sitst e ran screening m acts i nes; coo s;ti inec or other nrreire ni ca 1 e:,::i•i n i is.i,r se nit) (3:',', ,,,:.':--',.'...ri --rrii ni n:.,.-1: o pe re t io urs a n iiiii testir is ssoc i a iii eti activities shi i.-i c 0 tti a',..3:1'' ),,ivhfi t he sit,si ri tit;',5 re s ye h C n ri,in wit t e al nt accars: ie. i-'-',,i ti sit to! i i,r.-crer,s'lei'.:i'..': a in inimu tin cif 100 tie et fro tin ad; one pe rice 1 i nes. ) iti b 1 rite n sticiiiii Cia 1$ 1 n ig a at iv tries s ha 1 rot be al lowecii iii are:as cla stifled as aqUii:',-er reset rce protect ici n or mita titi rsh e d resou ace 17)rut eii-A iiiiii'..iii on tit tiii C1:::,' ii.1 A. 1...;,i n d CS a sail'cavil a n ;/Fn pi. A-391, 7/21/2011 Page 3 Board of Commissioners Meeting 10/03/2011 7-2-3 * R a F R R R R BB1184, AASRMS1r, ;tiVIS Permitted Uses PD 20S 20 15 10 1 2 1 2 1 11, ! CALI ra PI ,,J Agriculture,Forestry,Fishing .. . , Agricultural Uses P P P P P P PrIPIP P P P P mm Kennels P S S S P P P LS S Veterinaries P P P P 5 P Wholesale Nurseries&Greenhouses (12/13/82) P P P P P P PPPPPPPP _ Mining 7142 21 11115 nni & Quarrying r ov t,.,ensig ) ' S 72-432 21 'at ininng & Qui rrging(Iiiirgh Int:magi) 3 Construction S .. .__ _____ _ General Building Contractor P P P P P 1 General Contractors Other Than Building P P P P Landscaping Contractors(12/13/82) P P P P • P Specral Trade Contractors P P P P • P ••M Special Trade&General Contractors with no Outside Storage(12/5/88) P P P Manufacturing 1 J _ A :gen IG rnufacturinp P p p # r., , leornitea 'I are it erring I P S g P P Genera a, i"ac ur ,.ins 1 P p ensive • amp act win g - III -m7 ___,..H........_ s,,,,,:r''‘a ,er re rrns M . n ,, r t. . ME Appar-el-&-OtheF-Finiheel-Pfeeluets (4/1/85) P P, - - - 8akePt4-4419uets P - - I - PP - - P - _. _ _. geveRage ---7 1 - - - P - . - Galainet—gAsieedwaFk+se-Shap (4/1/85) L- - P P - P - A-391, 7/21/2011 Page 4 Board of Commissioners Meeting 10/03/2011 7-2-4 I ( * R 0 R R R R BBII & AASRMStry 4AILS Permitted Uses PD 20S 20 15 10 1 2 1 , 2 I RICAUReRs .Gheillit-Allieel-Rr-oduets - - - P - FM IN Electric 8*-E4ectronic Machines, EetuipfneFtt-&-Sufipties P . - - P - - • P . - - Feed-&-Kinelr-efl-Pr-eeluets - - ! - . - P - - - • For-RituFe&-Ebdur-es I - - - I - - - For-nit-iffe-&-T-Oct-ur-es-withfte-Gltit-s-icie gtor-age4646443ALga4 P _ P - - - - - -114t-mimeAt-s-&Relat-eigPFed+Fet-5 P. -P P. . P F— - - teat-her-&-L-eathef-P+eeluets I - - - - P - - - tombeF-&-Weeel-Pr-edoets - - - - P - - - . NI3c-11ifiePpi-keept--Eleet-r-ic-a4 - , - - - P - - - i 1 - Miec-e44-a-ReeoMaftufaet-bir-mg P ... . . ... P P - ......Ej - Papef&.1411iedPrediaa-s - - - - P - - - Petfe4euHri-lt-Rolated-Pfeeleets. - - - - - - Pr-i-mapt-Metal - - - - - - - 1FifitiRg&P4+191114ing P - - - P - P Prubber-& Mic-ellaReems-RFediac-ts - - - P - - .... , . Slaughter-1-letie - - - P - - - &-ellergaYrretia95-&--GeffieFete Products - - - - P - - - T-extileManufamFing - - - - P - . - ... Tebc-c-eMaFitifac-t41HFtg - - - - - - - __I Tr-aRspeFt-et-ien-Equipfient ft - - ... P P - P - ! Transportation,Communication, Utilities Air Transportation P PP P . - ----- 1 Bus&Taxi Terminals(2114/83) P pi p p . Commercial Marina with Floating Structures(4/2/84) S S S S 5 5 S S . S i....._ Commercial Marina (2/14/84) P 5 5 SSSPPP 5 Dry Stack Storage of Boats: (117/08) L As a stand-alone I warehouse P PP i--. —.cessory tir '- 1.anarina P s S s is I P P P P — Electric/Gas&Sanitary Services P P P P P PIPPPPPPPP . ...1 rr A-391, 7/21/2011 Page 5 Board of Commissioners Meeting 10/03/2011 7-2-5 A-391P 7/21/2011 Pa 6 Board of Commissioners Meetin 10/03/2011 7-2-6 R 0 F R R R R B B I I & A A S R M P P N AI CS Permitted Uses PID 20S 20 15 10 1 2 1 2 1 R I C A U Re - Electric Substations p 5 5 5 P P P P P S P P S 61S 0 4 71 3 9 3 0, Junk Yards, Scrap Processin (See 4ZE511,40; - Section 68) 1 P 42,3130 Mini-Warehouses P P P P P Motor Frei Transportation Warehousin P P P P - Post Off ices P P_ P P P P Railroad Transportation P - Telephone & Tele g raph Facilities P P P P P P P P P P P P P P TV & Radio Broadcastin P P P P - Warehousin g P P P P P Water Transportation Facilities P P P P Other Communication Facilities Includin Towers (2/5/96) S S S S S S S P P S S S E S Antenna &Towers Less Than 70 Ft. In Hei & Ancillar to the Principal Use (2/5/96) P P P P P P P P P P P P P Cellular & PCS Antennas (See Section IF- 69.17 (H) P P P P P P P P p P P P P P Amateur Radio Antennas (up to 90 ft.) (10/07) P P P P P P P P P P P P P Wholesale Trade Livestock Sales L P Wholesalin P P P P Wholesalin With No Outside Stora (11/2/8 1) P P Wholesalin Seafood With Water dTd5 Fronta5,-- P P P P P Retail Trade P P P p P Automobile Service Station P P P P P P P Automobile Dealers & Truck Sales P P P P P Boat Dealers P P P P P Buildin Material & Garden Supplies P P P P A-391P 7/21/2011 Pa 6 Board of Commissioners Meetin 10/03/2011 7-2-6 Permitted Uses PD R R R 20S 20 15 R B 10 1 B 2 I 1 0 I& A 2 I 1 R A I S R I C A R F M Supp N AKS U Rees Convenience Food Store ( P S S P P P P S S P S Drug Store P P P P Neighborhood Drug Store P Eating and Drinking Places P P P P P P P Entertainment Establishments, Bars, Cabarets Discos P S P P Entertainment Establishments, Bars, Cabarets, in a Shopping Center P P P P Farm Implement Sales P P P P Food Stores P P P P Fruit & Vegetable Stand Produced on Same Parcel as Offered for Sale P P P P P P P P Furniture Hone Furnishing & Equipment P P P P P general Merchandise Stores P P P P Handcrafting Small Articles P P P P Hardware P P P P Landscaping Service P P P Miscellaneous Retail P P P P Mobile Home Dealers Prefabricated Buildings (S /B /BS) P P P P Retail Nurseries (12/13/82) P P P P S P Historic Restaurant P S P P P P Financing, Insurance steal Estate Banks, Credit Agencies Sayings & Loa ns P P P P P P Service Adult Entertainment Establishments S Automobile / Boat Repair Sales P P P P P Automobile Rentals P P P Barber/ Beauty Shop (10/ 90, 7/10/06) P P P P P P Bed and Breakfast Inn (6/5/06) S S S S S Business Services Including Printing P P P P P P A -391, 7/21/2011 Page 7 Board of Commissioners Meeting 10/03/2011 7 -2 -7 I Health Adult Da Care P S S S .13 p S - Children's Da Care (12/13/82) P S S_ 5 S P P S S P S R Communit Center P 5 S S 0 P S F P R R R R B B I I & A A S R M S P NAICS Permitted Uses PD 20S 20 15 10 1 2 1 2 1 R I C U Re Campin Travel Trailer Parks P S S S S P - A (2/14/83) P S S S S P P P S Drive-in Theater P P Dr Cleanin Laundr Plant P P P P P - Electrical Repair Shop - P P P E Rental & Leasin P P P P P - Funeral Home P P P P Golf Courses P P P P P P P Hotels & Motels (12/13/82) P S S S S P P P P S Indoor & Outdoor Recreation P P P P P P P Establishments (2/14/82, 8/16, 04) P S S S S P P P P S S S P S Theater (2/14/83) P P P P P - Indoor Outdoor Shootin Ran (2/7/83) S S Parks & Recreation Area (4/2/07) 13 P P P P P P P P P P P P P - Personal Services P P 7P P Resort Hotel / Motel (1/4/83) P P P P Sta b I es (3/2/8 1) p P P P p P P P P - Septic Tank Vacuum Service P P P 1 562991 Watch, Clock, Jewelr Repair P P P i I ---I I Health Adult Da Care P S S S .13 p S - Children's Da Care (12/13/82) P S S_ 5 S P P S S P S Communit Center P 5 S S I P S P S S S S P S - Hospitals Nursin Home/Rehabilitation Center (11/10/08) P S S S S P S Residential Care (9/8/81) P P p P P P P P Educationa I Services Colle Universities, Professional Schools & Technical Institutions P S S S S P S Elementar & Secondar Schools P P P P P P P Libraries P P P 13 p P P _13 P P P FMuseums (5/2/83) P P P P PI A-3910 7/21/2011 Pa 8 Board of Commissioners Meetin 10/03/2011 7-2-8 R 0 F R R R B B I I I & I A I A I S I R I M supp, NAICS . Permitted Uses 0 VNEW A-391) 7/21/2011 Pa 9 Board of Commissioners Meetin 10/03/2011 7-2-9 MENEM -Membership Or mom 101101101101100101 o � 0000 � o � o. =C aoO ° ee U EEN Lod Fraternal & Social Or ( 5/2/83 ) -Fraternities / Sororities,, Residential MOEN WEEMOSE1101010 MEMNON Accessor Buildin or Uses, clearl incidental to the Permitted Use or Buildin (see Section 62 0 Cemeteries Christmas Tree Sales (7/6/92) .00000.00. Circuses, Carnivals, Fairs & Side Shows of No More than 30 Da Duration Per Year Communit Boatin Facilit a Private Residential Boatin Facilit ne 111111111 (9 �oo � 0000000 I Demolition-Landscape Landfill N Dwellin Unit Contained within slim Principa ' I Use(4/85) Electronic Gamin Operations NNE011111111 (5/3/10) (see section 69.19) Evan and Reli Assemblies eeeeeeee1eee�I .- not Conducted at a Church ( 7/6/92 ) Government Offices & Buildin oo�000 . —� Hi Densit Development (3/22/82) Permitted onl within Urban Transition Area (2/16/87, 10/11/95) Home Occupation MOCIE -Mobile Hom e :Coo. �:o C Mobile Home,, Doublewide (6/7/82) Mobile Home Park (Densit shall not exceed 2.5 Units Be Urban VNEW A-391) 7/21/2011 Pa 9 Board of Commissioners Meetin 10/03/2011 7-2-9 A-391, 7/21/2011 Board of Commissioners Meetin 10/03/2011 7-2-10 R 0 F R R R R B B I I & A A S R M Supp NAICS Permitted Uses PD 20S 20 15 10 1 2 1 2 1 R I I C A U 1 Pe Transition area) (2/16/87.,10/11/95) Mobile Home Subdivision (6/1/92) S S S S S Offices for Private Business & Professional Activities P P P P P P P P I Advertisin P P P - Outdoor Outdoor Bazaars excludin Yard Sales (7/6/92) P P P P P P P P P P P P P P - Pumpkin Sales (7/6/92) P P P P P P P P - Principal Use Si P P P P P P P P Research Facilities P P P P P Residential Private Pier P P P P P P Sanitar Landfill S 72-13 �" 2212 56, Septa Skjdp Disposal (7/65/`83 E5 9 5 221320 8/1,183) S 72-33 r %art- a 6;Q R) ■ Senior Livin Active adult retirement it or Independent vin Livin I (11/10/08) S S S S Senior Livin Assisted Livin or Personal Care Facilit (11/10/08) S S S S Senior Livin Continuin Care Retirement Communit or Life Care - Communit y (11/10/08) P S S S S S Sin Famil Dwellin P P P P P S S P P P Sin Famil Dwellin (1/4/82) P P P P S S P Special Fund Raisin for Non-Profit Or (7/6/92) P P P P P P P P P P I P P P P Temporar Si Rec Facilities: (1/3/89) Small Collection P S S S 3 P I P P P S S P P 6 �3, Cns 259 2 0, Lar Collection P S S] S S S P P P S 5 P S 69 - 13 5 9 2 0 Processin P P S 59, 3 5629010 E4913 5 6Mw9 2' 0 Lar Collection with Processin S S S S A-391, 7/21/2011 Board of Commissioners Meetin 10/03/2011 7-2-10 Durham City /County: TYPE: Special Use Permit (major and minor) USES: Asphalt Plant, Concrete Manufacturing Plant, Hazardous and Low -Level Nuclear Disposal and Storage, Wrecking, Junk, and Salvage Yard, Mining /Resource Extraction, All Waste Related Services, Recycling Centers. BODY: Board of Adjustment (Minor) and City Council or County Commissioners (Major) Union County: TYPE: Special Use Permit Required in Light Industry District (LI) or Heavy Industry District (HI) USES: Airport /Heliport, Airstrip, Antique Tractor Pull, Automobile /Motorcycle Race Track, Carnivals /Circus /Festivals, Crematorium, Daycare, Junkyard /Automobile Salvage Yard /Scrap Materials, Livestock Auction, Lumber /Saw Mills, Military Reserve Center, Petroleum Bulk Sales /Storage, Radio /TV Broadcast Towers, Stockyard /Slaughterhouse /Rendering Plants. BODY: Board of Adjustment "Even if the board of adjustment finds that the application complies with all other provisions of this ordinance, it may still deny the permit if it concludes, based upon the information submitted at the hearing, that if completed as proposed, the development, more probably than not: (1) Will materially endanger the public health or safety; or (2) Will substantially injure the value of adjoining or abutting property; or (3) Will not be in harmony with the area in which it is to be located; or (4) Will not be in general conformity with the land development plan, thoroughfare plan, or other plan." Avery County: TYPE: Conditional Use Permit; "Developer shall submit the High Impact Industry Development Permit 7 days prior to the Planning Board meeting ... the Developer will provide the scope of the project to the Planning Board ... the Planning Board will accept the permit for consideration and will act on the permit at the next meeting (This allows the Board to visit the site and review the project). The Developer will submit the final high impact industry development application with all necessary state and federal permits at the next meeting ... the application will be signed by the PB /BOA Chair. Board of Commissioners Meeting 10/03/2011 7 -3 -1 USES: Concrete Suppliers (Ready Mix), Temporary Tub Grinding Operations, Chemical Manufacturing, Cement Manufactures, Chip Mills (enclosed facility), Junk Yards (vehicular), Saw Mills (open facility), Saw Mills, Local Solid Waste Management Facilities /Convenience Centers, Tub Grinders (permanent operation), Inert Debris and Land Clearing (LCID) Landfills, Propane, Gasoline and Fuel Oil Bulk Storage Facilities, Commercial Incinerators, Mining and Extraction Operations and Quarries, Slaughtering and Processing Plants, Commercial Livestock Auction, Regional Solid Waste Facilities Construction & Debris Landfills, Sewer Plants, Pulp and Paper Mills, Hazardous Waste Facilities, Asphalt Plants, Explosives Manufacturing, Regional Solid Waste Landfills, Municipal Solid Waste, Motor Sports Activities. BODY: Planning Board /BOA Gaston County: TYPE: Conditional Use Permit USES: Abattoir (Slaughterhouse), Commercial Vehicle and Truck Storage, Industrial Heavy Equipment Bulk Storage Yard, Junk Yard /Salvage Yard, Landfill, Land Clearing, and Inert Debris, Manufactured Goods (Class 2), Recycling Processing Facility, Solid Waste & Septic Tank Vehicle Storage Facility, Solid Waste Transfer Station, Tire Recap Facility. BODY: Board of Adjustment Buncombe County: TYPE: Conditional Use required for the following uses in Employment District (industrial) and Open District. USES: Adult Entertainment Establishment, Amusement parks, Asphalt Plants, Chip Mills, Concrete Plants, Funeral Homes, Hazardous Waste Facilities, Incinerators, Junkyards, Landing Strips,. Mining and Extraction Operations, Motor Sport Facilities, Shooting Ranges, Slaughtering Plants, and Solid Waste Facilities /Landfills, Transfer Stations, Materials Recovery. BODY: Board of Adjustment Wake Cou nty: TYPE: Special Use Permit in Highway, Industrial, and Special Purpose Districts USES: Intensive Manufacturing, Mining & Excavation, Land - Clearing and inert debris landfills, C &D Landfills, Hazardous or low -level radioactive waste facility, Transfer Stations, Recycling Board of Commissioners Meeting 10/03/2011 7 -3 -2 Collection (household collection only), Sanitary Solid Waste Landfill (Municipal), and All other waste - related. BODY: Board of Adjustment Brunswick County: TYPE: Special Exception -Board of Adjustment Approval Required USES: Energy Generating Facility, Junkyard, Mining operations, Class I, Mining Operations, Class II, Hazardous Materials Treatment Facility, Public or Private Waste Disposal Site, Recycling Non- hazardous Solid or Liquid, Wood Waste Grinding Operations. BODY: Board of Adjustment TYPE: Special Exception - Planning Board Approval Required USES: Construction and Demolition Landfill BODY: Planning Board Iredell County: TYPE: Special Use Permit required in the Manufacturing Districts. USES: Mining & Quarrying BODY: Board of Adjustment Guilford County: TYPE: Special Use Permit required in Industrial Districts USES: Mining and Quarrying, Construction - Demolition Debris (Landfill Major), Land Clearing and Inert Debris Landfill, Solid Waste Disposal (non- hazardous), Hazardous and Radioactive Waste, Manufacturing of animal feeds, Animal Slaughter or rendering, Asphalt Plant, Manufacturing of leather or leather products (tanning), Manufacturing of fish (canned, cured or frozen) , Manufacturing of Explosives, Manufacturing of Metal Coating and Engraving, Manufacturing of Petroleum and related products, Manufacturing of Pulp and paper mills, Manufacturing of Board of Commissioners Meeting 10/03/2011 7 -3 -3 rubber and plastics raw, salvage yards (auto parts), salvage yards (scrap processing), and Manufacturing of tires and inner tubes. BODY: Planning Board Onslow County: TYPE: Special Use Permit required in Industrial Districts USES: Landfills (Sanitary), Mining &Quarrying, Public utility Facility (substation), and wireless communication towers BODY: Board of Adjustment Pitt County: TYPE: Special Use Permit required in Industrial Districts USES: Outdoor Shooting Range, Ammunition (small arms), Animal Slaughtering (rendering) BODY: Board of Adjustment TYPE: Conditional Use Permit required in Industrial Districts USES: Hazardous waste /radioactive waste, refuse and raw material hauling BODY: County Commissioners Forsyth County TYPE: Elected Body Special Use Permit (E), Board of Adjustment Special Use Permit (A), or Planning Board Review (A) USES: Landfill, Construction &Demolition (W) (Hi); Landfill, Land Clearing /Inert Debris, (W) (Hi); Landfill, Land Clearing /Inert Debris, 2 acres or less (F) (Hi); Landfill, Land Clearing /Inert Debris, greater than 2 acres (F) (Hi); Landfill, Sanitary (W) (Hi); Landfill, Sanitary (F) (Hi); Asphalt and Concrete Plant (W) (Hi); Borrow Site (Hi); Hazardous Waste Management Facility (Hi); Meat Packing Plant (Hi); Mining, Quarry, or Extractive Industry (Hi); Airport, Private (Hi); Airport, Public (Hi); Heliport (Hi); Helistop (Hi); Transmission Tower (Hi) BODY: City Council or County Commissioners (Winston - Salem- Forsyth County have a UDO), Board of Adjustment, or Planning Board Board of Commissioners Meeting 10/03/2011 7 -3 -4 Orange County TYPE: Class A Special Use Permit USES: Extraction of earth products, landfills (2 + acres), public utility stations, junkyards, waste management facility and /or hazardous and toxic materials. BODY: County Commissioners Davidson County TYPE: Class A Special Use Permit USES: Extraction of earth products, general aviation airport, hazardous waste facility, landfills, utility towers and water tanks, waste treatment plants, water treatment plants, and communication towers. BODY: County Commissioners TYPE: Class B Special Use Permit USES: Auto graveyard, cemetery, recreation, junkyard, indoor and outdoor shooting range, petroleum bulk station terminals, sawmills, sewage pump station, and utility /substations. BODY: Board of Adjustment Rowan County TYPE: Conditional Use Permit required in Industrial Districts USES: metal mining; mining and quarrying of non - metallic materials except fuels; manufacturing of: chemicals and allied products, petroleum refining and related products, leather and finishing, hydraulic cement, structural clay products, concrete, gypsum, plastics, abrasives, asbestos, non- metallic mineral products, primary metal industries, ammunition except small arms and ordnance and accessories; power distribution and specialty transformers; pipelines except natural gas; transmission and communication towers; radio broadcast and television broadcast towers; electric, gas, and water services; sewage systems; dumps; garbage: collection, destroy, and process; landfills; refuse systems; rubbish collection and disposal; sludge disposal sites; motor vehicle parts: used and wholesale; wholesale of chemical and allied products and petroleum related products; adult establishments; massage parlors; psychiatric hospitals; drug /alcohol rehab facilties; residential care; zoological parks; and construction and demolition landfills. BODY: County Commissioners Board of Commissioners Meeting 10/03/2011 7 -3 -5 Pender County TYPE: Special Use USES: mining, borrow pits, manufacturing of chemical and allied products, industrial parks, leather tanneries, manufacturing paper and allied products, manufacturing petroleum and related products, petroleum and related terminals /storage, primary metal manufacturing, slaughterhouse, air transportation, boat access facility, dry stack storage boat facility, transportation of liquid propane, natural gas, sewer and water, collection and distribution of transmission lines, sewer /water treatment, storage and processing facilities (including lifts and /or pump stations), electric and communication transmission lines, electrical sub - stations, electric - generating facility (excludes nuclear and incinerating of waste materials), marinas, communication towers, recycling or salvage yards, adult entertainment, entertainment establishments (bars, cabarets, discos), cemeteries, crematories, day care facilities, drive -up automatic ice machines, race tracks, septic vacuum services, shooting ranges, incinerators, landfills (demolition and sanitary), motion picture production facilities, salvage yards, sludge disposal, and storage of merchandise, materials, and equipment on site outside an enclosed building (exclude salvage). BODY: County Commissioners Moore County TYPE: Conditional Use in the Industrial District USES: Adult entertainment, airfield /general aviation, salvage yards, driving ranges, landfills (demolition and sanitary), manufacturing, processing, storing and commercial uses determined by the Planning Board not to be noxious, unhealthful, or offensive by reason of the potential emission or transmission of noise, vibration, smoke, dust, odors, toxic, noxious matter, glare, and /or heat, mining and quarrying, billboards, public utility and /or substations, schools (academic, business, trade), and woodworking or manufacturing of wood products. BODY: County Commissioners Johnston County TYPE: Special Use USES: Airport, landfills, junkyards, leather and hide tanning operations, mining and quarrying, public and private utility facilities, storage of explosives, tire recapping, trucking terminals- transfer companies, wholesale gasoline storage facility, wireless communication towers and facilities. BODY: County Commissioners Board of Commissioners Meeting 10/03/2011 7 -3 -6 Su rry County TYPE: Conditional Use in an Industrial District USES: Asphalt productions manufacturing, chemical manufacturing, circus or fair, correctional facilities, drag strip, drinking establishments, explosive manufacturing and storage, outdoor firing range, landfills (demolition and sanitary), mining and quarrying, night clubs, oil and gasoline bulk storage, manufacturing paints, varnishes, and finishes, recycling plants, refineries, saddleries, stadium, coliseum and /or exhibition buildings, wind energy facility, and wireless communication towers. BODY: County Commissioners Madison County TYPE: Conditional USES: Asphalt plant, cement factory, communication facility, hazardous waste facility, laboratory, landfill, heavy manufacturing, medium manufacturing, meat processing facility, mining, wholesale petroleum, quarrying, race track, outdoor recreation facility, sawmill, slaughterhouse, solid waste collection center, wastewater treatment plant, and large wind energy system. BODY: Board of Adjustment Anson County TYPE: Conditional Use USES: Landfill (construction, debris and sanitary), storage of goods (outdoors), wireless communication towers, airports, heliports, elevated water storage tanks, extraction of earth products, junkyards, public utility stations, recreational facilities, swine farms, switching stations, telephone exchanges, and water and sewer treatment plants. BODY: County Commissioners Wilkes County TYPE: Conditional Use USES: Industrial parks, manufacturing uses not otherwise named herein which come within the spirit of or intent of thus zoning ordinance, and mobile home parks. BODY: County Commissioners Board of Commissioners Meeting 10/03/2011 7 -3 -7 Hoke County TYPE: Conditional Use USES: Airports, heliports, air /railroad /motor freight terminals, automobile service stations, cemeteries, concrete mixing plants, convenience stores, extraction industries (e.g. gravel, sand, clay, etc.), food manufacturing /packaging/ processing, furniture refinishing, grain storage and processing (including grain elevators and milling companies), junkyards /wrecking and salvage yards (including appliances, automobiles, furniture, machinery and tires), landfills, livestock sales, machine shops, manufactured homes, meat and poultry packing and [processing, off - premises signs, manufacturing of paper products, parks /playgrounds, industrial parks, prisons, railroads, recreation, rubber processing plants, sewage treatment plants, wholesale storage of gasoline or bulk terminal plants, and woodworking /wood product production. BODY: County Commissioners Chowan County TYPE: Special Use USES: Outdoor shooting ranges, correctional facilities, airport, hazardous and radioactive waste (transport, storage, disposal), landing strips, wireless communication towers, manufacturing of ammunition (small arms), animal slaughtering and rendering, and salvage yards (automobile, scrap processing). BODY: Planning Board Gates County TYPE: Special Use USES: Mining and quarrying, junk yards /scrap processing, child day care /community center, college /university /professional school/ technical school, government offices, jails operated by local government, manufactured homes, modular homes, sanitary landfill, septage disposal, single family dwelling, and sludge disposal. BODY: Board of Adjustment Stokes County TYPE: Special Use USES: Tire recapping shops, trucking terminals, wholesale storage of gasoline and oil products, and wireless telecommunication facilities. BODY: County Commissioners Board of Commissioners Meeting 10/03/2011 7 -3 -8 Henderson County TYPE: Special Use USES: Airport, windmill /turbine (accessory), amusement parks, motor sports facility, outdoor recreation facilities, parks, physical fitness center, shooting ranges, sporting /recreational facilities, ambulance services, cemetery /mausoleum /columbarium, childcare facility, club /lodge, correctional facilities, government offices, place of assembly, religious institution, automobile /equipment service, automobile towing, broadcasting and communication facilities, exterminating and pest control services, school (technical /trade /business), tire recapping, adult book and merchandise store, adult theatre and live entertainment, convenience store, fuel oil distribution and sales, landscape materials sales and storage, manufactured and mobile home sales, parking garage, truck stop, wholesale trade, airport, communication facilities, hazardous waste disposal facilities, land clearing debris /inert debris storage or disposal, septic tank and related services, solid waste combustion and incinerators, transit /ground passenger transportation, waste collection and transfer facilities, asphalt plants, battery manufacturing, chip mill, concrete batch plant, junkyard /landfill, mining and extraction operations, and pesticide /fertilizer /other agriculture chemical manufacturing. BODY: Board of Adjustment Burke County TYPE: Conditional Use USES: Communication towers, elementary and secondary schools, go -cart tracks, sanitary landfill, mines and quarries, race tracks, and special event grounds. BODY: Board of Adjustment Cumberland County TYPE: Special Use USES: Airport operations, borrow source operations, day care facilities, hazardous waste storage and disposal facility, motor vehicle wrecking yards or junkyards, recreation and amusement, and solid waste disposal facility. BODY: Board of Adjustment Person County TYPE: Special Use USES: Ambulance services, asphalt production, banks, cemetaries, church /temple /synagogue, clinical services (medical and dental), day care, electrical generating facilities, explosive storage and distribution facilities, explosive storage and distribution facilities, fertilizer manufactiuring, food Board of Commissioners Meeting 10/03/2011 7 -3 -9 processing and distribution foundaries, furniture manufacturing and distribution, industrial operations, industrial research facilities, laboratory operations (medical and dental), machine tool manufacturing and distribution, mixing plants for concrete and manufacture of concrete products, moving and storage operations, non - hazardous /non -toxic solid waste disposal, office space, manufacturing (paper, cupl, cardboard, building board)and terrified biomass product, plastic fabrication, plating, recreation facilities, public utility stations (bulk or substation), radio /telephone /television transmitting tower, railroad operations, salvage operations, junkyards, sawmill /lumber surfacing activities, storage of coal by products, storage of flammable products, wholesale /distribution of building products. BODY: County Commissioners Lee County TYPE: Special Use USES: Schools, amusement /parks, hazardous waste facilities, power generation plants or substations, solid waste (collection, transfer, and /or disposal), solid waste convenience center, and solid waste combustor or incinerator. BODY: Board of Adjustment Caldwell County TYPE: Conditional Use USES: Airports, billboards, junkyards and auto grave yards, manufacturing uses not otherwise named here in which come within spirit or intent of this zoning district, miring operations, quarry operations, and wireless telecommunication towers. BODY: Board of County Commissioners Wayne County TYPE: Special Use USES: Borrow pits and quarries, junkyards and scrap metal dealers, and landfills. BODY: Board of Adjustment Wilson County TYPE: Special Use USES: Correctional facility, restaurants, sexually- oriented business, shooting ranges (idoor and outdoor), truck stop, mining and extractive industries, petroleum and asphalt manufacturing, electric Board of Commissioners Meeting 10/03/2011 7-3-10 power generation (major), landfill (construction, debisr and solidwaste), motor vehicle racing facility, solid waste convenience center and solid waste transfer center. BODY: County Commissioners Edgecombe County TYPE: Conditional Use USES: Mining, quarying, sand pits and mineral extraction, demolition debris landfill, heliport, telecommunication tower, ammunition (small arms), fish (canned, cured, and frozen), leather nad leather products (including tanning), metal coating and engraving, petroleum and related industries, pulp and paper mills, rubber and plastics (raw), salvage yards (auto parks and scrap processing), tires and inner tubes. BODY: Board of Adjustment Nash County Type: Special Use USES: Mining, quarrying, sandpit and mineral extraction; ammunition; airport; heliport; radio, television, communication tower, over 60' in height; demolition debris landfill; fish (canned, cured and frozen); leather nad leather products (tanning); petroleum and rrelated industries; pulp and paper mills; salvage yards (auto parts and scrap processing);and tires and inner tubes. BODY: Board of Adjustment Northampton County TYPE: Special Use USES: Mining of gold and silver ores; bituminous coal and lignite mining; crude petroleum and natural gas; nonmetal minerals (except fuels including dimensional stone, crushed and broken stone, crushed and broken granite, sand and gravel, clay, ceramic and refractory minerals, chemical and fertilizer mining); demolition landfill; adult entertainment establishments; asphalt and bituminous products mixing plant; chemical manufacturing (household and industrial); fertilizer manufacturing or compounding; iron, steel, copper, brass, and aluminum foundries; slaughterhouse; pressure wood treatment plants. BODY: County Commissioners Hertford County TYPE: Conditional Board of Commissioners Meeting 10/03/2011 7-3-11 USES: Temporary restaurant; temporary construction building; public wastewater facilities; acid manufacturing and storage; schools; retail sales ancillary to permitted construction activities; and junkyards, salvage yards and autograve yards. BODY: Board of Adjustment Warren County TYPE: Conditional Use USES: Adult entertainment establishments; cemeteries; fire stations, police, rescue and government buildings; landfill; nightclubs and bars; radio, television, and microwave towers; electric substations; high voltage powerlines; transmission towers, relay stations, office and studios in conjunction with these; and swim clubs. BODY: Board of Adjustment Franklin County TYPE: Special Use USES: Slaughterhouse, bituminous coal and lignite mining; bituminous products mixing plant; chemical manufacturing (household and industrial); crude petroleum an natural gas; demolition landfill; fertilizer manufacturing and compounding; garbage and waste incinerators; inert debris reclamation; iron, steel, copper, brass and aluminum foundries; mining industries; nonmetallic minerals (except fuels); pressure wood treatment plants; and salvage and recovery yards. BODY: County Commissioners Chatham County TYPE: Conditional Use USES: Auto assembly; flea markets; garbage and waste incinerators; junk yards and auto wrecking; land clearing and inert debris landfills; mulch — grinding, screening, mixing, blending, processing, and dyeing; sanitary landfill, excluding burning of trash outdoors; telecommunication towers and veterinary clinics and hospitals with dog runs or equivalent facilities. BODY: County Commissioners Scotland Cou nty TYPE: Conditional USES: Junkyards and auto salvage yards; slaughterhouses and meat processing plants; budiness and /or areas for the disposal, reduction, and treatment of waste material; commercial or industrial incinerators; aircraft and missile manufacturing; alcohol and alcoholic beverage manufacturing; Board of Commissioners Meeting 10/03/2011 7-3-12 carbon and battery products; chemical manufacturing (household and industrial); forundries producing iron, steel, copper, brass, and aluminum; glass and ceramic tile manufacturing; rubber products manufacturing or establishments emitting offensive smoke, dust, noise, or odor; mining or quarrying operations; business engaged in the disposal, reduction, or treatment of waste material and steel framework towers. BODY: County Commissioners Montgomery County TYPE: Conditional USES: Slaughterhouse and meat processing plant; commericla and industrial incinerators; junk yards and auto salvage yards; landfills; sewage treatment plants; scrap and waste materials processing; any establishment emitting offensive smoke, dust, noise, or odor; and the manufacturing of paper and allied products, chemical and allied products, and food and kindred products. BODY: County Commissioners Rockingham County TYPE: Special Use USES: Adult uses; airfields; auto race tracks; gravel, clay , and sand pits; hazardous, waste, toxic waste, etc. facilities; junkyards; paintball facilities (outdoor); planned business development; public utility substations; quarry extraction operations; race track and drag strips; sanitary landfill; schools; storage of flammable liquids above ground in quantities for distribution and wireless telecommunication facilities. BODY: "Depending on the potential impact of the use on an area either the Planning Board or the County Commissioners, as specified, shall grant the permit." Catawba County Type: Special Use USES: Adult uses; airport, airstrip, runway, and taxiway; flea market (outdoor); kennel; landfill (land clearing and inert debris); sanitary landfill; mining of eart products (sand, soil, clay, rock and stone); public service facility; and telecommunication facilities (wireless). BODY: County Commissioners Lincoln County TYPE: Conditional Board of Commissioners Meeting 10/03/2011 7-3-13 USES: Airport; correctional facility; public facility; major utility; wireless facility and tower; adult establishment; animal shelter; auctions (livestock and /or outdoor); gas station with convenience retail; indoor recreation; kennel; race track; vehicle sales; oil and gas extraction; coal mining; metal ore mining; nonmetallic mineral mining; support activities for mining; manufacturing animal food, grain and oil seed mining, slaughtering, seafood product preparation, tbacco, textile and fabric finishing, leather and hide (tanning), sawmills and wood preservation , petroleum and coal products, basic chemical, resin, synthetic rubber, pesticides, fertilizer, painting, coating, adhesive, soap, cleaning compound, and other chemical products; clay product refractory; cement and concrete product; lime and gypsum manufacturing; iron and steel mills, alumina and aluminum product manufacturing; foundries; motor vehicle manufacturing; railroad rolling stock; ship and boat building; other transportation equipment; chemical and allied products, petroleum and battery storage or other bulk storage of flammable liquids; junkyard and slavage yards; and waste service. BODY: County Commissioners Board of Commissioners Meeting 10/03/2011 7-3-14 Board of Commissioners Meeting 10/03/2011 7 -4 -1 O •> '� O � '> 4 — •� N L � .> Ln •� cn � > ^ N Oj L =3 Ln •� •N O Ln O O O cn O +� L O cu cr w 0 +-j 0 - L 0 E U c v cr O � Ln O L _ 0- O s L O O s U , s O L O to L O O L O 0 L L L 0 0 0 S +) O U •U (� O L N L .� . . C6 L L N }, M M 0- C; - CO O O M >. c ro Q-0 W p 0 0 � L p 0 � cn r p>. 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LL U W o 0 0 tD a- (D O 1 U Board of Commissioners Meeting 10/03/2011 7 -4 -1 County Original Zoning Date Permit Required Date of Permit Requirement Warren 1963 (repealed) June 1985 Conditional June 1, 1985 Buncombe December 2009 (county wide) Conditional December 1, 2009 Onslow Phased 2003 -2005 Special Phased 2003 -2005 Surry 2001 Conditional 2001 Johnston 1989 (partial) & 1991 (entire) Special 1989 Lee February 6, 1967 Special UDO adoption (January 1, 2006) Moore 1980's (partial) & 1999 (entire) Conditional 1999 Guilford March 3, 1964 Special 1988(some uses required SUP) Gates March 1, 2007 Special March 1, 2007 Anson 1969 Conditional Unknown Wake 1970 Special 1985 Montgomery 1985 Conditional 1985 Gaston January 9, 1992 Conditional January 9, 1992 Brunswick January 1, 1994 Special January 1, 1994 Forsyth 1948, 1968 (update), 1995 (update) Special 1968 (some) 1995 (additonal uses) Durham 1956 Special /Conditions 1980's Davidson 1973, 1990 (update) Special 1973 (some) 1994 (additional uses) Municipality Original Zoning Date Permit Required Date of Requirment Shallotte 1989 Conditional 1989(some) 2004 (uses added) Matthews 1970 Conditional 1988 Franklin 1956 Special UDO adoption (2007) Havelock 1975 Conditional UDO adoption (2011) Board of Commissioners Meeting 10/03/2011 7 -5 -1 CL CA pe . I" ,." NOR Board of Commissioners Meeting 10/03/2011 7 -7 -1 R •r Board of Commissioners Meeting 10/03/2011 7 -7 -2 Dauqhtri&u�*te, Jane ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ............. 777777777777 From: micki <micki ja Sent: Tuesda September 20, 2011 9:03 AM To: Dau Jane Sub Special Use Permit RIO i R Qw Micki Ja 527 Capeside Drive Wilmin NC. 2841. 910-799-2454 1 FIA I ldw��M' Total Control Panel a-M.— 1 Board of Commissioners Meetin 10/03/2011 7-7-3 Q 'I I- From Cath McFadden <taff yj eanne@hotrnail.com> Sent,. Saturda Jul 30, 2011 5:02 PIVI fo. Dau Jane 0 Sul"ect: Zonin Re Ui All y ou need in life I's' a friend who has chocolate^00V Total Control Panel Messa Score: I M Spam Blockin Level: Hi Block this sender IV This messa was delivercd because the contentfilter score did not exceed y ourfilter levey Hi (60): Pass Medium- Pass Low (90): Pass 1 Board of Commissioners Meetin 10/03/2011 7-7-4 From FSchulz1 31 @aol.com Sent: Saturda Jul 30, 2011 10:36 PIVI To : Dau Jane Sub 0 ect- special use permits i - it is m hope that the plannin board will endorse the use of SUP in its revision of the rules. SUPs would serve to make sure tha) we g et the ri industries here. I Board of Commissioners Meetin 10/03/2011 7-7-5 Pau Ja",Ine 7777--77-7777, From: skippers!nlet@charter.net Sent: Sunda Jul 31, 2011 8:03 To- Dau Jane 0 Subject: SUP & Titan Plant Total Control Panel Messa Score: 1 M Spam Blockin Level: Hi Block this sender Block chartennet Hi (60): Pass Pazs Low (90): Pass 1 Board of Commissioners Meetin 10/03/2011 7-7-6 r% Ualu Jane _77�1'711,1711, 777 1 .................................................................. ............ .. From: Ieeb Sent: Sunda Jul 31, 201 11.-05 AM To ® Dau Jane Sub SUP The followin has come to m attention--,., 1 Board of Commissioners Meetin 10/03/2011 7-7-7 WME11111"WEEN "A", Nsy"111111 . . .... w From- j ohl'xson@aol.com ® Sunda Jul 31, 2011 10.31 PM To ® Dau Jane Subject: Zonin chan 1111 1 1 111 IN III I �lillill� I Ill III Il liIIIII I 111 11i 1111:11111111 ri 11 1111 ! gll p�l i III iiiiiii III I l 1111 t1l 111 l All 1 1 F 11 11 11111 I I I le P-P ipl W, k 1 Board of Commissioners Meetin 10/03/2011 7-7-8 Da htridy,4,11 ............... From: 4T t alcolm I 'haden <mthaden @ d'6ec.rr.corn> Sent: Sunda Jul 31, 2011 1:40 PM To: Dau Jane Subject: Industrial Zonin Re Chan Malcolm Thaden 7301 Shell Midden Court Wilmin NC 2841-1 Total Control Panel Messa Score: I M Spam Blockin Level: Higl 1lock fhis sendet Block ec.rr.com Hi (60): Pass Medium (75): Pass Low (90): Pass "M 1 Board of Commissioners Meetin 10/03/2011 7-7-9 Paught,r'!"'d 7 g e, Jane '7`7' From Rob Moore <rmoore004@att.net> Sent: Sunda Jul 31, 2011 3:34 PM 0: Dau Jane Subject: Industrial Zonin Districts 1 Board of Commissioners Meetin 10/03/2011 7-7-10 A From V blueberr Sent: Sunda Jul 31, 2011 4:15 PIV fo. Dau Jane 0 Sub Support Special-Use Permit Hi I am writin in support of the Special-Use Permit that is ur needed in New Hanover Count 1111i I , i , j FI r." FEOEi _' Update our anti process and allow citizen's voices and votes to be as impt an input as corporations/special interests pre. Alot has chan the past 40 y ears and we need to be able Thank y ou for y our timEl Al & Susie Newberr I Total Control Panel Messa Score: I M Spam Blockin Level: Hi Hi (60): Pass Mediii 5): Pass Low (90): Pass 1. Board of Commissioners Meetin 10/03/2011 7-7-11 From- Lauren Johnson <l ® Monda Au 01 9 2011 1-007 PM To- Dau Jane a Cc- Shell, Bruce 0 Sub Special Use Permit Support RM91FM A I# "N If, L "IN t. We should absolutel take measures to ensure that our count is protected a heav industr interests and that all risks & benefits are considered so we can continue to cultivate our tourist industr and promote what brin the tourists to our area, our RMWEM11firri .......... Total Control Panel Messa Score: 5* M Spam Blockin Level: Hi Block this sender Block, A Ilmin Hi (60): Pass Medium (75): Pass Low (90): Pass I Board of Commissioners Meetin 10/03/2011 7-7-12 From: Sent- -(OR cce. al' 7j I �'' 1 1, � Shew, Ro D. <shewr@uncw.edu> Tuesda Au 02, 2011 7 :03 AM Dau Jane Shew, Ro D. New Hanover Count Special Use Permi I also support the lan in the Exceptional Desi Zonin District amendments that include native landscapes, ener sources with renewables if possible, bike network, and creatin a lon mana plan for water and wetland areas, and more. Thank y ou and the Plannin Board for y our hard work on this important topic. Ro 4910 Park Ave. 1 1, MV I ' 1, NOWN Total Control Panel OM hquoy.com Messa Score: I Alk"Er'' I'm=41A Hi (60): Pass Medium (75): Pass Low (90): Pass 1 Board of Commissioners Meetin 10/03/2011 7-7-13 Board of Commissioners Meeting 10/03/2011 V, X� From: g ene g onzalez < active Sent: Tuesda Au ust 02, �FO 11 9: 1 4 PM To: Dau Jane Sub Titan Cement plant III As a local medical provider that has worked in Famil Practice as wen as Gen* atrics I see firsthand the effects of [ �--uollution on the elderl and y oun g populations. If I were to dump toxic g arba g e onto the streets of m nei I would be labeled a sociopath. So wh does 1 �,,,#,ublie g overnment allow bi 'industr to do the same. 0 The ar that polluters create j obs to m"crease the standard of livin is false. The public has to subsidize the *f y oun g and older citizens that are most likel to be affected. This is simpl a moral issue. Tiotal Clontrol Panel To: idau From: gonz activc@ Messa Score: I M Spam Blockin Level.- Hi I T q 'w Hi (60)- Pass Medium (75): Pass Low (90): Pass 1. Board of Commissioners Meetin 10/03/2011 7-7-15 RM y� From: Susan Fieldstein < lewisfield@bel Isouth. net> Sent: Tuesda Au 02 q 201 10:01 PIVI To: Dau ,fit , Jane Sub zonin re Thank y ou so much, Susan Fieldstein Total Control Panel To: jd ) Messa e Scor: I ,nhc From: lewisfield .,bellsouth.net M Spam Blockin Level: Hi ip�ipip �illi�ilill�ll �111� I 1 I I , I i�, 11 1 11 WM � Hi (60): Pass Medium (75): Pass Low (90): Pass I Board of Commissioners Meetin 10/03/2011 7 -7 -16 Dau Jane I R At this special time the Plannin Board and Count Commission have the dut and responsibilit to act in these matters for the public g ood. The Special Use debate is ultfi-natel about the ri of citizens to have effective input into public safet and q ualit y of life decisione, directl affectin their health, propert and sense of well bein 74 IT A 111111111111141mi Or Those opposin Special Use Zonin where ke pla 'in effectivel shuttin the public out of the Titan America incentives debate in 2008. Threats of lawsuits should not override the public's riots in these matters, In Miami Dade Count Florida, home of Titan America's Pennsuco Cement plant and limestone mines, local citizens have opposei� inin ir * in explosions. ock in' ' g because structural darna to the' homes was linked to min WAIT, I y . Hundreds of citizens M* Lev Count Florida are opposin plans for a lar Titan America mine. Proposed minin activit threatens public water resources and public transportation safet Hundreds of citizens in Bradenton, Florida are opposi plans for a Titan America cement packa plant adjacent to residential areas. The czens are concerned that toxic emissions from the plant would drift offilte and affect their health and propert values. 1 Board of Commissioners Meetin 10/03/2011 7-7-17 C-litizen concerns were bolstered when Vir officials cited Titan America for multiple environmental violations of offsite dischar from Titan's Vir packa plants over multiple y ears of operation. Good zonin re that affected adjacent propert owners have the ri to due process in these matters. C,itizens have the ri to proper and timel notification in these matters. Citizens have the ri to have their concerns considered 'in a public arena on an even pla field. Thank y ou for y our time and effort in this matter. Total Control Panel To: j d gRg htridgeQnhcaov.com Remove this sender from m allow lis-i From: rparrCa-ec.rr.corn You received this messa because the sender is on -your allow list. — . 2 Board of Commissioners Meetin 10/03/2011 7-7-18 Oane ka __I 7) From: Gordon Johnson < Sent: Wednesda Au 03, 2011 10:23 A To: Dau Jane Sub zonin ordinance amendments ORM 1 . r. Jpu FM A Liu "I"I" I'otal Control Panel To: jdagoitnid o-vx � m g From: g li@ec.rr.com Messa Score: I M Spam Blockin Level: Hi Hi (60): Pass Medium (75): Pass I Board of Commissioners Meetin 10/03/2011 7-7-19 From Eschulzl3l@ao1.com Sent: Wednesda Au 03, 2011 11:23 AM To- Dau Jane ■ Sub SUP Total Control Panel To: jdqu From: eschulz 13 1 (M ,aol.com Messa Score: I M Spam Blockin Level: Hi Block aol.com Hi (60): Pass Medium (75): Pass Low (90): Pass I Board of Commissioners Meetin 10/03/2011 7-7-20 12 12,,, g e,'Jane From: Mike Bishop <bish8850@bellsouth. net> Sent: Wednesda Au 03, 2011 11:35 AM TO -a Dau Jane Subject: please approve new zonin laws that will institute a SUP for heav industr Hello Ms Dau Please support the revisions to the heav industr zonin process to implement a special use permit for those companies wishin to locate within New Hanover Count Thx so much Mike Bishop 508 S 4th Wl 9 In achievin y our ends, persistence is more important than power ........... Total Control Panel Messa Score: I M Spam Blockin Level: Hi Block this sender Block bellsouth.net TOM fll= 411 IIA111111111111 Im- 1 piiii�' 17121M Hi (60): Pass Medium 75 ::Pas 11 1 Board of Commissioners Meetin 10/03/2011 7-7-21 Dap Jane From Osinski, John <osinski Sent.- Frida Au 12, 2011 4:27 PIVI To ■ Dau Jane Sub In Support of the SUP re for heav or intensive industries Attachments: ima Just wanted to add m support for the Special Use Permit re for heav or intensive i ndustries. Total Control Panel To: idau From: [Tiessa Score: I M Spwn Blockin Level: Hi 111191 117� Fog � I � I I I I IT 117 1 Hi (60): Pass [Medium (75): Pass Low (90): Pass 90A 1 Board of Commissioners Meetin 10/03/2011 7-7-22 .. ... . . , , ' �" "I " v I I �i .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... From: j ordan's <m Sent: Wednesda Au 17, 2011 438 PW To: Dau Jane Subject: Special-Use Permit process I support the special use permit. I do not want an more addition to the air and water pollution we alread have. Mansfield Jordan Total Control Panel To:idau Yeanhcgov.co1n Messa Score: I From: rniordan1OCwec.rr.com. M Spam Blockin LeNel: Hi Hi ( 60): Pass Medium (75): Pass Low ( 90 ) : Pass 1 Board of Commissioners Meetin 10/03/2011 7-7-23 Board of Commissioners Meeting 10/03/2011 Board of Commissioners Meeting 10/03/2011 11111 M From: Daniel En <dani Vii, lenglish@ iii arthlink.net,, Sent: Frida Au 05, 2011 5:05 PM To: Dau Jane Sub Zonin Revisions I 11*11��O! Em'Issions from Titan's Current Application (Lwta takenfrom Titan's revised application, datedFeb. 16,2011) Ho does Titan's How much will ,proposed Titan's emission emissions increase New compare to Hanover Coun emissions? (2009 emissions data compared for NH Count a Titan 's application) 1 Board of Commissioners Meetin 10/03/2011 7-7-26 2nd lar est source of Would m*creas*., Pm2.5 in NH Count PM2.5 b 37% in NH Count 4thlar source of . . ....... ..... Would increase S02 S02 in NH Count b 2% *in NH Count 2ndlar source of Would increase NOX NOx in NH Count b 29% in NH The g ist of it is that the Titan project will add 25.5% more of these deadl pollutants to what is alread some of the most polluted air in the state. Count . ....... . .. ... ....... Carbon Monoxide 3 068 tons/ 13,8 3 3 tons/yr 2ndlar source of Would increase CO (CO) CO in NH Count b 22% m NH I Count Volatile Or 175 tons/yr 873 tons/ 2ndlar source of Would increase VOC I Compounds (VOC) VOC in NH Count b 20% in NH Count Lead 170 lbs/ 460 lbs/ 12ndlar source of Would increase Lead I Lead in NH Count b 37% in NH I Count Source.- The g ist of it is that the Titan project will add 25.5% more of these deadl pollutants to what is alread some of the most polluted air in the state. 2 Board of Commissioners Meetin 10/03/2011 7-7-27 ra hi ai (10 is r iy 2 Board of Commissioners Meetin 10/03/2011 7-7-27 ra hi ai (10 is r -Nearl 7000 pounds of Benzene added to our air a y ear? This is insane. In all this avera out to an 80% increase in thesE pollutants in our air. I Board of Commissioners Meetin 10/03/2011 7-7-28 Count NH Count Arsenic 2 8 lb s/ 406 lbs/ 2ndlar source of Would *increase N Arsenic in NH Arsenic b 7% in Count NH Count Benzene 6792 lbs/ 7 7. 4 443 lbs/ Lar source of Would increase N' Benzene in NH Benzene b 91 % in Tj Count NH Count Ul f Ber 1.71 lbs/ 43 lbs/ �2ndlar source of Would increase N' Ber in NH Ber b 4% in h 01 Count NH Count cadmium 5.05 lbs/ 109 lbs/ 4thlar source of Would increase N' Cadmium in NH Cadmium b 5% in 3ri Count NH Count In Chromium, Tot 316 lbs/ 13,353 lbs/ 3rd lar source of increas Would' e Cr 5 N. Chromium (tot) in Tot, b 2% in NH la: NH Count Count - — ---- - ---------- ---- . . ... I Man 1,920 lbs/ 810 lbs/ Lar source of Would increase N' Man in NH Man b 237% Tj Count in NH County. U `14 -Nearl 7000 pounds of Benzene added to our air a y ear? This is insane. In all this avera out to an 80% increase in thesE pollutants in our air. I Board of Commissioners Meetin 10/03/2011 7-7-28 Wrr =io 'm 121 Total Control Panel Messa Score: 1 "M Spam Blockin Level: Hi Block this sender Block earthlink.net Ij P fff El NOW Hi (60)-. Pass Medium (75): Pass Low (90)-. Pass 4 Board of Commissioners Meetin 10/03/2011 7-7-29 ........... . . . . . . ® Erinne Selim <eICI nnesmi1es ® Frida Au 06, 2011 12:45 PM ® Dau Jane Sub WE NEED SUPs 1c, 170 X I r I Mr, 'AlEASE listen to the tax-pa and votin citizens of this count such as m We need to have a sa in what is bein : �Ianned for our communit and homes. 41 Ennne Seflm Sunset Park Wilmin NC Total Control Panel Messa Score: I M Spam Blockin Level: Higil Block this sender Block hotinail.com 01 1 1191114111 111IN11,1071111 ="I", 113111011 =I" III 1 1 IM 04 111 07, - ff'' , I I I , 11 1 in, Ii r ,�+', J'* , , ty /' , fe Hi (60): Pass Medium (75): Pass Low (90): Pass 1. Board of Commissioners Meetin 10/03/2011 7-7-30 From: Jeannie lennon < n ie len non @ bellsouth. net> Sent: Thursda Au 04, 2011 4:20 PM 0: Dau Jane Sub Proposed zonin revisions for intensive industr 4 V" A"C a As a resident of New Hanover Count I am stron in favor of the proposed revisions to the zonin re for As citizens we need an opportunit to learn about the vaneous permits nein sou before the become realit an"Ji these revisions will allow us to have the information we need to make informed decisions. I A count that depends so much on tourism for its continued g ood health needs to be concerned about the lon t= health implications of all future development in this count We are alread dealin with hi levels of f �ollution in our count and need a process to he I appreciate the count staff s efforts to update the lon outdated zonin re of New Hanover Count and brin us more M' line with most of the other North Carolina counties. I totall support these proposed revisions. 11 MINOW" M Total Control Panel 0 M- Messa Score: I M Spam Blockin Level: Hi Hi (60): Pass - Medium (75): Pass Low (90): Pass WTV 1 Board of Commissioners Meetin 10/03/2011 7-7-31 From m machine <m Sent: Thursda Au 04, 20112:33 PM TO .0 Dau Jane Subject: In support of the SUP M name is Hope-Henderson and i am a born and raised resident of New Hanover Countr I am outdoors and love to surf and en the beautiful nature Wilmin and it's beaches have to offer. I am in total of support of the SUP. The current re are outdated and also I believe in our communit havin a voice in what industr should be allowed to come to our communit and in protect Thank y ou for tdkin the time to r e ad this and I reall believe M in ourliftealt and the natur beaut of the area for future g enerations. I Total Control Panel To: jdau Messa Score: I From: M Spam Blockin Level: Hi mvwonderfulmachineband(@.gmail.com Block this sender alock g mail.coin Hi (60): Pass Medium (75): Pass LOW (90): Pass 1 Board of Commissioners Meetin 10/03/2011 7-7-32 Board of Commissioners Meeting 10/03/2011 ne �=�_ge, Ja 1 77777 -------- 77777-7' From: m machine <m Sent: Thursda Au 04, 2011 2:33 PIVI To : Dau Jane Sub In support of the SUP M1 1T,Ff name is Pfope;?t:enderson and I am a borri and raised resident of New Hanover Countr I am outdoors and love to surf and en the beautiful nature Wilmin and it's beaches have to offer. I am in total of support of the SUP. & . 11 V Q The current re are outdated and also I believe in our communit navin a voice in what industr should b* allowed to come to our communit Thank y ou for takin the time to read this and I reall believe in SUP and in protectin our health and the naturl beaut of the area for future g enerations. I Total Control Panel To: idau a-) g htridge(,nhc,eov.com From: ff,,Iessa Score: I M Spam Blockin Level: Hi 11111 pill 1 Hi (60): Pass Medium (75): Pass FLow (90): Pass . 1 - Board of Commissioners Meetin 10/03/2011 7-7-34 ............... From: Scharf, Frederick <scharff Sent: Thursda Au 04, 2011 12:08 PM 70. Dau Jane a Sub special use permit zonin revisions Total Control Panel To: idaughtridgeownhe Messa Score: 311, Block this sender Block uncw.edu This messa was delivered because the contentfilter score did not exceed y ourfilter levet Hi (60): Pass Medium (75): Pass Low (90): Pass . I. Board of Commissioners Meetin 10/03/2011 7-7-35 From remoftem Sent-, Wednesda Au ■ 03 2011 9 , ■ 18 PM TO ■ Dau Jane Sub NHCSUP "MIX"WIM"I A Total Control Panel Messa Score: 1 M Spam Blockin Level: Hi Hi (60): Pass M , M "7S - _ Low (90): Pass Block this sender BIocV_2QLqQu li 0 1 1711 111! I Board of Commissioners Meetin 10/03/2011 7-7-36 t it Jane,, Thank y ou for movin forward with the SUP =) Respectfull Submitted CPL Willson R. Carr USMC 2nd Medical Lo Co, CLN-iiol 9104510578 i 1 Board of Commissioners Meetin 10/03/2011 7-7-37 ITEM # SCRIPT FOR TEXT AMENDMENT A -391 (06/11) REQUEST BY STAFF TO AMEND SECTIONS II, IV, V, AND VI OF THE COUNTY'S ZONING ORDINANCE TO IMPROVE CLASSIFICATION OF INDUSTRIAL USES AND TO CREATE A SPECIAL USE REVIEW PROCESS FOR INTENSIVE INDUSTRIAL USES. THE PLANNING BOARD VOTED 6 -0 TO RECOMMEND APPROVAL OF THIS ITEM. CHAIRMAN 1. This is a public hearing. We will first hear a presentation from staff. Then proponents of the text amendment and opponents of the text amendment will each be allowed 15 minutes total to speak. An additional 5 minutes of rebuttal will be allowed for each side. 2. Open the public hearing. 3. Close the public hearing. 4. Commissioner discussion 5. Is there a motion to find that this text amendment to the ordinance is consistent with the land use plan and is reasonable and in the public interest and should be adopted? Motion: Second: Vote: Board of Commissioners Meeting 10/03/2011 7 -8 -1