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1982-03-22 SpM Exhibits .~ ;..;.- ~~ ,;.... AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. That the Zoning Ordinance of the County of New Hanover adopted October 6, )969, as amended be and the samp. is hereby further amended as follows: 1. Add Section 23-65 Performance Residential Development - A residential development varying from the dimensional requirements of conventional residential ,development but not exceeding the density limit established in the apnlicable zone. 2. Add Section 23-66 High Densi~y Development - Any residential development which exceeds the density limlt established in the applicable zone. 3. Add Section 23-67 Density Factor - An intensity measure expressed as the number of units per "net buildable site acre" (as calculated pursuant to Section 69.4 (3)). The density factor establishes the permitted density on the buildable portion of a High Density Development site. 4. Add Section 23-68 Lakes and Ponds - Natural or artifical bodies of water which retain water year round. Artificial ponds may be created by dams or may result from excavation. 5. Delete Section 23-57 Townhouse 6. Delete Sections 23-10, 72-5 and 73; delete "Multi-Family Dwelling" & PUD from Section 50-2 (Table of Permitted Uses; add "High Density Development" to said table with such use permitted (use asterisk; asterisk not~s that use permitted only within Urban Services Area) in R-20, R-15, R-10, and 0 and I zones. 7. Add Section 69.4 High Density Development - All High Density Developments shall comply with the following requirements. ' (1) Access to Thoroughfares. The property to be developed must have direct access to and from an existin9 collector as indicated on the New Hanover County Thorou9hfare Classification Plan. Tne dtrect 'access requirement may be satisfied as follows: a. One or more property boundary lines is contiouous with and gives access to and from said thoroughfare: or b. The property is connected to said thoroughfare by a public street designed to the specifications of "Residential Collector Streets" as defined in NCDOT Subdivision Con- struction Standards, or as thereafter amended. All interior drives shall be designed so as to provide adequate access for emergency service vehicles.' (2) Required Bufferyards. A planted buffer strio must be provided along all property lines which adjoin a single-family residential area and along all property lines which adjoin a major or minor thoroughfare as indicated on the New Hanover County Thoroughfare Plan. Either of the following buffer strips may be provided: a. A l6-foot wide strip with two row screens as indicated in Section 67-2 of this Ordinance; or b. A 25-foot wide strip with at least one tree and one shrub within each 100-foot interval. (3) Site Capacity Standards. a. Purposes-Site capacity for any proposed high density attached residential development is equal to the net buildable area of the site multiplied by the density factor. The site capacity calculation provides the mechanism for subtracting from the base site area all portions of a site inappropriate for development. Consequently, the purpose of this section is to determine the extent to which a site may be used given its unique physical characteristics. b. Definition of Base Site Area. 1. Gross site area as determined by actual on-site survey ....... acres. 2. Subtract land constituting roads and land within ultimate rights-of-way of existing roads........ acres. 3. Subtract land required for bufferyard area........ acres. 4. Subtract land used as open space in prior residential developments acres. 5. Equals base site area..~..... '\., . , . -2- ,,-.:;...,....,...- .100 Resource Protection Land. All land area consisting of the natural resources or natural features listed below shall be measured. The total acreage of each resource shall be multiplied by its respective open space ratio to determine the amount of land to be kept in open space. The sum total of all resource protection land on the site equals TOTAL RESOURCE PROTECTION LAND. 1. 100 year Floodplains. The determination of all floodplain boundaries shall be based on areas of special flood hazard as defined in Article I, Section 3 of the County Flood Plain Management Regulations. Fifty percent (50%) of such areas shall be permanent open space. 2. Lakes and Ponds. All (100%) of such areas shall be permanent open space. No development or diverting of these bodies of water shall be permitted except to provide required roads. Filling shall be permitted only in conjunction with deepening the lake and is permitted only if surface area and flood retention remain unchanged or are enlarged. 3. Lake and Pond Shorelines. The shorelines of lakes and ponds consist of the area within 50 feet inland of the water's edge. At least 25% of all such areas shall be permanent open space. 4. Waterfront Shorelines. Waterfront shorelines consist of the area within 50 feet inland of the mean high water mark of sounds, estuaries or ocean. At least 25% of all such areas shall be permanent open space. Recreational Land. Total recreational land required for high denslty attached residential developments is calculated as follows: Take Base Site area Subtract Total Acres of Resource Protection Land - Equals Total Unrestricted Land Multiply Total Unrestricted Land by 0.15 ( Equals Total Recreational Land Required Subtract any Resource Protection Land in the categories noted below provided said land is suitable for, or will be improved for recreation. ("Suitable or improved" lands shall consist of grassed and landscaped areas or areas occupied by recreational activities. Recreational activities may include, but are not limited to, swimming pools, tennis courts, golf courses, ball fields, basketball courts, tot lots and community recreation buildings). Lake Shore and Pond Shore Waterfront Shorelines 50% of all Floodplains EOUALS: TOTAL RECREATION LAND NEEDED e. Determination of Site Capacity. Individual site capacity is determined by calculating the NET BUILDABLE SITE AREA. The number of dwelling units permitted is determined by multiplying the zoning district density factor by the net buildable site area. The calculations are as follows: Take TOTAL RESOURCE PROTECTION LAND TOTAL RECREATION LAND NEEDED TOTAL OPEN SPACE BASE SITE AREA District open space ratio (s ee ( F) be low) MINIMUM REQUIRED OPEN SPACE BASE SITE AREA TOTAL OPEN SPACE or MINIMUM REQUIRED OPEN SPACE, whichever is greater EQUALS NET BUILDABLE SITE AREA Multiply by District maximum density factor (see (F) below) NUMBER OF DWELLING UNITS (do not round off; use lowest whol€ number) c. d. Add EQUALS Take Multi ply by EQUALS Take Subtract EQUALS = acres + acres = acres acres x acres = acres acres = acres x acres = units , '. ,. __-.J? ~ -- ~ , ' \ -3- r"\ f. Table of District Performance Standards. Unless otherwise provided pursuant to the calculations in subsection (e) above, the following standards are set for high density development in the respective residential zones. , Maximum Impervious Open Space Ratio Surface Ratlo,'. Density Factor R-10 R-15 R-20 0&1 .20 .35 .50 .35 .50 .40 .30 .40 20 12 5 12 (4) Table of District Improvement Requirements. The following improvements shal I be required for high density attached residential developments taking place in the respective residential zones; improvements shall be constructed in accordance with the standards set by the County or appropriate local or State agency. Public or Public or Underground Community Community Storm Sewer Water Drainage Yes Yes Yes Yes Yes Yes Yes Yes No Curb and Gutter R~lO R- 15, 0&1 R-20 Yes No No (5) In no case shall any part of a structure containing dwelling units be located closer than 20 feet to any part of another structure containing dwelling units nor 10 feet to any adjoining property line. (6) Parking shall be provided in accordance with Article VIII of this Ordinance. (7) A drainage plan (complying with the requirements set forth by the County or appropriate local or State agency) shall be submitted. (8) Water supply and sewage disposal facilities shall be approved by the appropriate State or local health agency. (9) All open space provided shall meet the requirements of Section 69.1 of this ordinance. (10) High density developments shall not be permitted in areas lying outside the Urban Services Area as the same is defined in the Wilmington- New Hanover Land Use Plan. (11) This section may be used to subdivide land. When a subdivision development is submitted under this ordinance, the approval of the site plan under this ordinance shall constitute the equivalent of preliminary plan approval under the County Subdivision Regulations, and the applicant shall not be required to submit a separate subdivision application. However, final plats shall be submitted in accordance with the Subdivision Regulations requirements. (12) A site plan conforming to the requirements of Section 69.2 shall be submitted. (13) A homeowners association meeting the requirements of Section 69.3 shall be established. 8. Add Section 107-4. Certificates of Occupancy for performance resident;ial developments or high density residential developments shall not beiss1ued until one of the following conditions has been complied with: : (1) Completion of 'all ;improv~ments require,d by this ordinance. . ...( 2)A bond or certified check has been posted. (3) An irrevocable letter of credit has been posted. 9. Add a new subsection (23) to Section 69.2 Site Plans: (23) The following items shall be shown on High Density Development Site Plans only: (a) Total resource protection land (b) Total recreation land needed (c) Base site area (d) Acreage of open space actually provided (e) Net buildable site area (f) District maximum density factor (g) Maximum number of dwelling units permitted .,.; ". f r. ,~ r ,....... , . , . -4- Section 2. Any ordinance or part of any ordinance in conflict with this ordinance, to the extent of such conflict is hereby repealed. Section 3. This ordinance is adopted in the interest of public health, safety, morals, and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted thi s 22nd day of March, 1982. ~ mlSSlO er ~e.~ Com issioner ~-~~~ ~SlOner . . /Co m~~ t9)LLf'..{l.