Sept 7 PB Work Session Agenda Package
NEW HANOVER COUNTY PLANNING & INSPECTIONS DEPARTMENT 230 GOVERNMENT CENTER DRIVE, SUITE 110 WILMINGTON, NORTH CAROLINA 28403 TELEPHONE (910) 798-7165 FAX (910) 798-7053 AGENDA New Hanover
County Planning Board Work Session September 7, 2012 9:00-11:00 Finance Conference Room 500 1. Call to Order Richard Collier 2. Overview of Mixed Use & Exceptional Design Zoning District
(EDZD) Shawn Ralston Text Amendment to Section 53.6 of the Zoning Ordinance 3. Discussion Item: High Density, Medium Density Option Chris O’Keefe Planning Board discussion of existing
High Density language and option to create other medium density language within the ordinance 4. Building and/or Structure Definition Text Amendment to Section 23: Definitions to clarify
the term Building Nicole Dreibelbis and/or Structure. 5. Stables Text amendment to Section 69: Stables and the Table of Permitted Uses Nicole Dreibelbis to clarify where stables may
be permitted. 6. Building Setbacks Text Amendment to Section 69.11 to clarify when roof overhangs are used as the reference point to measure building setbacks. Nicole Dreibelbis 7. Resubmission
of Withdrawn Petitions Shawn Ralston Text amendment to Section 111: Petitions to allow for petitions to be re-submitted within 12 months if substantial changes are made. 8. Update: Lower
Cape Fear Regional Plan for Sustainable Development Shawn Ralston 9. Update: City of Wilmington-New Hanover County Comprehensive Karyn Crichton Greenway Plan 10. Other Upcoming Amendments/Additional
Items All 11.Adjourn Richard Collier Chris O’Keefe, AICP Planning & Inspections Director Dennis Bordeaux Inspections Manager Shawn Ralston Planning Manager
2012 Amendment Page 1 Amend Section 53.6 EXCEPTIONAL DESIGN ZONING DISTRICT (EDZD) (Deletions have red strikes through them. New language is underlined and in red.) 53.6-1: Intent-The
Exceptional Design Zoning District (EDZD) provides 1 opportunities for mixed 2 use or and high density residential projects within the unincorporated areas of the County 3 where appropriate
urban features are in place to support such projects without the negative 4 impacts of urban sprawl. Through the conservation of water bodies, wetlands, floodplains and 5 open space,
it is intended that this district will prevent the degradation of water quality and 6 foster the preservation of natural hydrology, habitat and biodiversity. In addition, the district
is 7 intended to provide design flexibility to achieve public and private spaces that advance a sense 8 of community in a well-integrated service area that diminishes the need for vehicular
traffic and 9 encourages bicycle and pedestrian movements. The EDZD shall be located with respect to 10 public and private facilities existing or clearly available by the time they are
required within the 11 development. 12 13 Physical character of the site and relation to surrounding property -The site shall be suitable for 14 development in the manner proposed without
creating hazards to persons or property, on or 15 off the district, and free from the probability of flooding, erosion, subsidence or slipping of the 16 soil or other dangers. Condition
of soil, groundwater level, drainage and topography shall all be 17 appropriate to both the kind and pattern of use intended. If appropriate to the form and 18 function of development,
lands to be included in EDZD districts may be divided by streets, 19 alleys, rights-of-way or easements, but shall be located, dimensioned and arranged as to permit 20 unified planning
and development and to meet all requirements in connection therewith, as 21 well as to provide necessary protection against adverse relationships between uses in the 22 district and
uses in surrounding areas. 23 24 53.6-2: Applicability – Areas classified as Conservation on the current CAMA Land Classification 25 Map are not eligible for residential density greater
than 2.5 units per acre, and such acreage 26 must be subtracted from the acreage upon which density on other portions of the district is 27 calculated. All other areas of the unincorporated
planning jurisdiction for New Hanover County 28 are eligible for the EDZD. 29 30 53.6-3: Procedures for establishing Exceptional Design Zoning Districts 31 1) Applications; procedures
and materials to be submitted. Approval for EDZD rezoning 32 shall generally follow procedures for establishment of Planned Development Districts. 33 Material submitted with the application
as outlined below, or on subsequent request by 34 the Planning Department, shall include all plans, maps, studies and reports which may 35 reasonably be required to make the determinations
called for in the particular case. 36 Applicants are recommended to meet with staff before substantial investments are 37 made towards the design of exceptional development projects
and are required to meet 38 with staff to review the exceptional development concept and criteria prior to 39 submitting an application. Application shall be made on forms provided by
the County
2012 Amendment Page 2 and in accordance with the schedule of deadlines for 40 Planning Board submissions. The 41 following procedures must be met: 42 a. Meet with staff 43 b. Hold 2
meetings with owners and neighbors adjacent to the proposal 44 and within 500 feet of the area to be considered (Section 111-2.1: 45 Required community information meeting before consideration).
At 46 least one meeting must be scheduled after 6:00 p.m. Notice of both 47 meetings must be given at least two (2) weeks in advance. 48 c. Prepare application and submit by application
deadline. The 49 application shall include: 50 i. Survey map as well as metes and bounds description of the 51 boundaries. 52 ii. Map showing location of existing public water and sewer
lines, 53 roadway classification, existing or planned bicycle and 54 pedestrian facilities, schools, parks, employment centers, and 55 shopping districts within a ½ mile radii of the
outermost 56 project boundary. 57 iii. Traffic Impact AnalysisAn evaluation of traffic impacts 58 prepared in accordance with a scope of work established by 59 the Wilmington Metropolitan
Planning Organization, NCDOT 60 and New Hanover County, and signed by a licensed traffic 61 engineer is required for all projects (based on proposed 62 maximum density and intensity
for the acreage). 63 iv. Narrative generally describing the reasons for seeking 64 rezoning and outlining the anticipated development to be 65 approved under separate permit at a later
date, if known, and 66 describing the adequacy of access to the siteexplaining how 67 the proposed project meets the required elements, as well as 68 the intent, of the EDZD. 69 v. Inventory
of the existing environmental, cultural, historical 70 and natural site attributes. 71 vi. A conceptual plan that shows with reasonable certainty the 72 type and intensity of use for
the proposal. 73 vii. Summary of the meetings held with surrounding property 74 owners. 75 viii. A checklist of the prerequisite standards that will be met. 76 ix. Application fee.
2012 Amendment Page 3 x. Calculations of the requested 77 density/intensity and 78 documentation supporting the award of points for any density 79 bonus. 80 xi. Verifiable water and
sewer expansion plans must be provided 81 and allocation of capacity confirmed with the Cape Fear Public 82 Utility Authority. 83 xii. Phasing schedule indicating when each of the EDZD
elements 84 will be met. 85 xiii. The project must meet all applicable requirements of the 86 County Zoning Ordinance. 87 d. Planning Board consideration and Board of Commissioners decision
88 after public hearing. 89 90 53.6-4: District Regulations -Residential density and non-residential intensity within the EDZD 91 shall be based upon the overall exceptional design score
of the proposed 92 development. The following regulations must also be met: 93 1) The applicant must be the owner or owners of all the property to be included in 94 the district and
must demonstrate that the property is jointly owned or be 95 subject to a formal agreement for unified control. Authorization to Construct 96 shall not be issued until unified ownershipcontrol
is established. 97 2) A district must include the entirety of the parcel or parcels being considered. 98 3) A district may not extend across any major or minor arterial roadway having
99 three or more lanes of vehicular traffic unless the district proposes multiple, 100 unified development phases of mixed uses having safe, signalized vehicular, 101 pedestrian and
bicycle facilities to connect the projects, such as crosswalk 102 signals, pedestrian overpasses, refuge islands, etc. 103 4) Density permitted by right for residential units in the
district shall be six (6) units 104 per acre. 105 5) Cumulative floor area ratio (FAR) for mixed use permitted by right in the district 106 shall be 1.0. 107 6) All proposals seeking
to exceed six (6) units per acre or FAR of 1.0 must 108 accumulate exceptional design bonus points sufficient to qualify for the 109 proposed densities or intensities. 110 7)4) Prerequisite
standards as described in Table 53.6-7. 111 8)5) The EDZD Certification must be assured during the first phase of 112 development or prior to completion of more than 24 units, whichever
comes 113 first. A progress report shall be submitted after each phase indicating a 114 proposed timeline for completion of the EDZD elements. 115
2012 Amendment Page 4 53.6-5: Underlying Standards for Projects 116 Within an EDZD: 117 118 1) Maximum Building height: within 200 feet of any residential zoning district or 119 residential
use (4/6/10), building height shall not exceed forty (40) feet. 120 2) Building setbacks and separation: Buildings located on the periphery of the 121 district shall be set back a minimum
of twenty (20) feet from the district 122 boundary. When the proposed setbacks from the periphery of the district are 123 less than the proposed height of the buildings, the application
shall include an 124 explanation of how the project reasonably addresses privacy, light, air, and safety 125 impacts upon adjoining properties. 126 3) Parking: Off-street parking shall
be provided in accordance with Article VIII of the 127 zoning ordinance. Projects that meet Section 53.6-13 Additional Requirements 1, 128 2, 3 and 5 may reduce the minimum parking requirements
by 10% within the 129 commercial component of the project. 130 4) Connected and and Open Community: In order to promote projects that have high 131 levels of internal connectivity and
are well connected to the community at large, 132 gates or other obstructions may not be utilized on roads entering, exiting or 133 within the development. 134 5) Landscaping and buffering
shall be in accordance with Article 67, except that 135 required buffers may be allowed within electric utility easements greater than 30 136 feet with the permission of the appropriate
utility company and provided a 137 memorandum of agreement is in place stating that the buffer will be maintained 138 in perpetuity in accordance with the standards for size, opacity,
and location. 139 6) Street Lights: Street lights shall be included at the rate of one fixture per 500 140 linear feet or less of roadway. 141 7) Lighting (4/6/10): All site lighting
shall be located so as not to shine or reflect 142 directly onto any adjacent residential property. 143 8) Open Space(4/6/10): Open space shall be provided within all exceptional design
144 zoning districts and except as provided in section (c) below shall equal a minimum 145 of 35% of the gross site area of the district. Open space is an area of land set 146 aside,
dedicated, or reserved for public or private use or enjoyment that shall be 147 functional for uses including but not limited to: an area of environmental 148 preservation and enhancement,
park, internal courtyard, plaza, playground, 149 playfield, atrium or greenway pedestrian and non-motorized vehicle easement. 150 Open space may be natural or recreational. 151 (a) Natural
open spaces are intended to protect the natural 152 environment, protect water quality, provide environmental 153 education and provide habitat for wildlife. Natural open spaces
2012 Amendment Page 5 include natural features such 154 as wetlands and conservation 155 overlay districts or otherwise undevelopable land. Natural open 156 spaces shall not exceed 10%
of the open space requirement. 157 (b) Recreation open spaces may be active or passive and are 158 intended to provide outdoor recreation opportunities or 159 provide locations where
the public is directly or indirectly 160 invited to gather, browse, sit, interact or congregate. A 161 maximum of 25% of the open space area may contain 162 amenitized recreational facilities
including swimming pools, golf 163 courses, tennis courts and basketball courts. Unimproved 164 passive recreation open spaces are encouraged. 165 (c) If the proposed open space is less
than 35%, or the types of 166 open space do not conform to (a) and (b), the application shall 167 include an explanation of how the project reasonably provides 168 for spaces that enhance
a sense of community and quality of life 169 for the future residents or patrons of the EDZD. All open space 170 shall remain undivided and be reserved and used in accordance 171 with
Section 69.1. 172 9) All other applicable provisions of the Ordinance shall apply. 173 174 175 53.6-65 Staff Recommendations -Planning staff, in consultation with other appropriate 176
departments or personnel, shall prepare a written report to the Planning Board and Board of 177 Commissioners, containing the following findings: 178 1) As to the suitability of the
proposals for the general type of function, the physical 179 characteristics of the land, and relation of the proposed development to 180 surrounding areas and existing and probable
future development. 181 2) As to the sufficiency of supporting evidence in the application showing that the 182 proposed location can meet the basic criteria for exceptional design.
183 3) As to the relation to major roads and mass transit facilities, utilities and other 184 facilities and services. 185 4) As to the adequacy of evidence on unified control and the
suitability of any 186 proposed agreements, contracts, deed restrictions, sureties, dedications, 187 contributions, guarantees, or other instruments, or the need for such 188 instruments,
or for amendments in those proposed. 189 5) As to the suitability of plans proposed or the suggestion of conditions. 190 6) As to the consistency with the County’s adopted Land Use Plan
and other 191 adopted plans for development in the vicinity, and suggesting how the rezoning 192 might be reasonable and in the public interest if approved. 193
2012 Amendment Page 6 53.6-76 Actions by Planning Board; Board of Commissioners -Actions 194 by the planning board 195 shall be in the nature of a recommendation for or against the rezoning
and may include 196 suggested conditions of approval. The Board of Commissioners may grant the application in 197 accordance with the EDZD regulations and other applicable local, state
or federal requirements 198 or may approve the application with conditions attached, or may deny the application. 199 200 53.6-87 Development to be in Accord with Approved Concept Plan
and Related Regulations -201 If the rezoning is approved, the Board of Commissioners shall, approve the development 202 concept plan as described in the application, or indicate required
modifications in such 203 approved plan, and such approval shall be binding in determinations concerning final 204 development plans. If the rezoning is approved, the development shall
be required to be in 205 accord with approved concept plans and meet the requirements of these and other regulations, 206 as approved. The development shall also conform to any time
limitations established by the 207 Board of Commissioners or the applicant as to beginning and completion of the development as 208 a whole, or in specified stages. Before development
may proceed, agreements, contracts, deed 209 restriction, sureties and other instruments involved shall be in a form approved by appropriate 210 officers or agencies. 211 212 213 53.6-98
Administrative Action for Approval of Final Plans 214 1) After an EDZD district has been established, no building permit shall be issued 215 therein, unless and until the TRC and the
Planning and Inspections Director have 216 approved final plans and reports for the development as a whole or stages or 217 portions as outlined upon approval. The form and content of
such final plans and 218 reports shall be as prescribed for the district, and in the rules of the county and 219 other affected agencies. The final plan shall constitute the equivalent
of preliminary 220 plat approval under the New Hanover County Subdivision Ordinance. 221 2) Approval of final plans and reports shall be based on compliance with zoning 222 regulations
applying at the time the land was zoned to EDZD status, including such 223 specific conditions as were included by the Board of Commissioners in its rezoning 224 action. The Planning
and Inspections Director shall certify that the conditions 225 imposed by the Board of Commissioners have been met. 226 3) Upon approval of final plans and reports, building permits
shall be issued in the 227 same manner as for building permits generally, provided that any requirements 228 relating to the order and location in which building permits are to be issued
in the 229 particular EDZD district shall be observed. Except as provided in this article, final 230 plans and reports approval shall be binding on the applicants and any successor in
231 title, so long as EDZD zoning is applied to the land. 232 233 53.6-109 Approval of Detailed Plans and Related Material is an Administrative Action 234 Approval of detailed plans
and related material is an administrative action. No public 235 notice or hearing is required in connection with approval proceedings of final plans or 236 changes in approved plans,
but the Technical Review Committee shall meet and approve 237 the technical merits of the final plan, and when the Planning Director or his designee
2012 Amendment Page 7 has certified that the plan approved by the Technical 238 Review Committee meets all the 239 requirements and conditions of the original approval, then signatures
of the Planning 240 Director and the Chairman of the Technical Review Committee shall be affixed to the 241 approved final plan. 242 243 53.6-110 Restrictions on Permitted Uses 244 The
principal uses in an EDZD shall be as set out and approved in the original approving 245 action, unless otherwise amended by the Board of Commissioners. After the concept 246 plan has
been approved, changes in any principal use or accessory use shall constitute a 247 change in the approved EDZD and shall require approval by the Board of Commissioners. 248 249 53.6-12
Effect of Approval 250 Any area designated as an EDZD shall thereafter be developed using only the 251 exceptional design standards and proposed conditions under which the EDZD is 252
approved. Any reduction in the prerequisite standards after approval shall be 253 considered a violation of the terms and conditions of approval. In accordance with 254 NCGS153A-344.1(c)
and (d) , approval of the master plan shall establish a vested right. 255 After 24 months from the date of original approval, if no construction activity has been 256 permitted, the
approval of the original concept plan and any approved final plan shall 257 expire and new approvals based on standards existing for EDZD districts at that time 258 shall be required.
Extensions of vested rights beyond the first 24 months may be 259 approved by the TRC based on relevant circumstances, including but not limited to the 260 size and phasing of development,
the level of investment, the need for the 261 development, economic cycles, and market conditions, but the total vesting period may 262 not exceed 5 years. 263 264 53.6-13: Modifications
265 Site specific development plans may be modified upon review and approval of the 266 Planning Director. Minor changes may be approved in the same manner as set forth in 267 Sec. 71-1(9).
Major modifications, including additional density bonuses may be 268 approved by the Planning Director or his designee and the TRC when the prerequisite 269 standards are maintained
and sufficient additional points accrue to support the request. 270 However, modifications that conflict with small area neighborhood or corridor plans 271 shall not be approved in this
manner. Projects that remove components for which 272 density or intensity bonuses have been awarded must modify the plan accordingly and 273 submit for approval. 274 275 53.6-14 Exceptional
Design District Standards Converted to Points 276 Density permitted by right for residential units in the district shall be six (6) units per 277 acre. All proposals seeking to exceed
six (6) units per acre must accumulate exceptional 278 design bonus points sufficient to qualify for the proposed densities or intensities. 279
2012 Amendment Page 8 The following table includes the criteria that shall enable a project 280 to be classified as and 281 Exceptional Design District and allow for the density bonuses
herein provided. The first 282 six (6) criteria are required for any project to initially qualify for Exceptional Design 283 review. In addition to the first six criteria, an additional
twelve (12) points are required 284 from the remaining ten (10) additional criteria. Planning and Inspections Director will 285 determine whether criteria are properly met. 286 CORE
REQUIREMENTS (italicized items are further defined in Definitions Section) 1. Smart Location Option 1: Locate project on an infill site. Option 2: Locate project on an adjacent site
with pre-project connectivity. Option 3: Locate project near existing or planned adequate transit service. Option 4: Locate project near existing neighborhood shops, services, and facilities.
REQUIRED 2. Proximity to Water and Wastewater Infrastructure Option 1: Locate project on a site served by existing water and wastewater infrastructure. Replacement of or other on-location
improvements to existing infrastructure are considered existing for the purpose of achieving this option. Option 2: Locate project within an area scheduled for water and sewer expansion
where verifiable expansion plans can be provided and allocation of capacity can be confirmed with the Cape Fear Public Utility Authority. REQUIRED 3. Significant Species and Ecological
Communities Option 1: After consultation with the NC Natural Heritage Program map as found on the New Hanover County online mapping services, no species present or likely to be present
that are listed under the federal Endangered Species Act, NC endangered species list or listed in the NC Natural Heritage Program as either Nationally, State or Regionally Significant.
Option 2: If initial consultation with the NC Natural Heritage Program map is inconclusive, then a qualified biological scientist performs biological surveys to determine the presence
of endangered or significant species or the applicant consults with the NC Natural Heritage Program in Raleigh to receive a State determination. Option 3: If endangered or significant
species are found, comply with an approved Habitat Conservation Plan (HCP) under the Endangered Species Act for each species or receive an approved mitigation plan from the NC Natural
Heritage Program. REQUIRED
2012 Amendment Page 9 Option 4: If endangered or significant species are found and no approved HCP exists, work with an appropriate authority to create and develop one or develop an
approved mitigation plan with the NC Natural Heritage Program. 4. Wetland and Water Body Conservation and Preservation To prevent bacterial contamination of surface water, install pet
waste stations within required open spaces and implement a maintenance schedule for the pet waste stations -and-Option 1: Locate project on a site that includes no jurisdictional wetlands,
water bodies (including but not limited to intermittent and perennial streams) or land within 100 feet of these areas. Option 2: Locate project such that pre-project jurisdictional wetlands,
water bodies (including but not limited to intermittent and perennial streams), and land within 100 feet of such areas shall not experience significant destruction or lasting detrimental
effects to water quality or other protected natural resources as a result of new development. Significant destruction shall include the construction, excavation, deposition, of materials
in, over or on such land or any work that would affect the course, location, condition, or capacity of the receiving water body. Create a long-term management plan for on-site water
bodies and wetlands and their buffers, and create a guaranteed funding source for management. REQUIRED 5. Floodplain Avoidance Option 1: Locate on a site that does not contain any land
within a 100-year floodplain. Option 2: Locate the project on an infill site or a previously developed site and comply with the NFIP requirements for developing portions of the site
that lie within the floodplain. Option 3: Develop only on portions of the site that are not in a floodplain or on portions that have been previously developed. REQUIRED 6. Stormwater
Management Implement a comprehensive stormwater management plan for the project that infiltrates and reuses stormwater runoff. Stormwater shall be managed following the principles prescribed
in in the New Hanover County-City of Wilmington Joint Low Impact Development Manual and will enable a project to use the LID-EZ Spreadsheet Tool. A determination that a project qualifies
as a Low Impact Development shall be made by the Technical Review Committee (TRC). REQUIRED ADDITIONAL REQUIREMENTS (MINIMUM OF 12 POINTS FROM THE CRITERIA LISTED BELOW IN ADDITION TO
THE CORE REQUIREMENTS)
2012 Amendment Page 10 1. Mixed-Uses* Include a residential component in the project that constitutes at least 25% of the project’s total building square footage. Design or locate the
project such that at least 50% of the dwelling units are within ¼1/2 mile walk distance of at least three (3) of the diverse uses in the Diversity of Uses List in Section 53.6 of this
Ordinance. At least one use from two of the three diverse use categories within the diversity of uses list is required. *For a project to qualify for more than six (6) units per acre,
the mixed uses requirement must be satisfied. 2 points 2. Bicycle and Pedestrian Access Provide an internal bicycle and pedestrian network that iIncludes a pedestrian or bicycle through-connection
in at least 90% of any new cul-de-sacs, except where prohibited by topographical conditions. -and-Provide bicycle parking and storage for developments that contain multifamily, retail
and commercial development. -and-Design and/or locate the project to meet at least one of of the following two options*: Option 1: A planned bicycle network of at least 5 continuous
miles in length is within ¼ mile bicycling distance of the project boundary. For planned bicycle networks, the network must be listed in a plan adopted by the Board of Commissioners.
(2 points) Option 2: An existing bicycle network of at least 5 continuous miles in length is within ¼ mile bicycling distance of the project boundary and connects to either a school,
employment center or commercial center that contains at least seven (7) of the uses in the Diversity of Uses List. (4 points) (*Points will be awarded based on which option is selected,
however points will not be awarded for both options.) 2 2 or 4 points 3. Housing and Jobs/Commercial Opportunity Proximity Option 1: Include a residential component equaling at least
30% of the project’s total building square footage, and locate and/or design the project such that the geographic center is within a ½ mile walk distance of pre-project full-time equivalent
jobs equal to or greater than the number of dwelling units in the project. Option 2: Include a non-residential component equaling at least 30% of the project’s total building square
footage. 2 points 4. Diversity of Uses Include a residential component in the project that constitutes at least 25% of the 2-4 points
2012 Amendment Page 11 project’s total building square footage and design or locate the project such that at least 50% of the dwelling units are within ½ mile walk distance of the number
of diverse uses in the approved diversity of uses table. At least one use from two of the three diversity of uses
list is required. 5. Conservation Management of Habitat or Wetlands Create a long-term management plan for new or existing on-site native habitats, and/or water bodies and wetlands and
their buffers, and create a guaranteed funding source for management. 2 points 6.4. Transit Facilities Locate development within ¼ mile of an existing or planned transit route. The transit
agency must certify that it has an approved budget that includes specifically allocated funds sufficient to provide the planned service and that service will commence no later than occupancy
of 50% of the project’s total building square footage. -and-Provide or identify covered and at least partially enclosed shelters, adequate to buffer wind and rain, with at least one
bench, at each transit stop. -and-Provide kiosks, bulletin boards, and/or signs devoted to providing local public transit information as part of the project, including basic schedule
and route information at each public transit stop within or bordering the project. 4 points 7.5. Certified Green Building Design, construct, or retrofit one whole residential or non-residential
building to be certified through: LEED, NAHB Green Building Standards, North Carolina Healthy Built Homes or Green Globes. 2 points 8.6. Minimum Building Energy Efficiency For non-residential
building, mixed use buildings, and multifamily residential buildings four stories or greater, new buildings must be on average 10% better than ANSI/ASHRAE/IESNA Standard 90.1-2007meet
at least three of the additional requirements listed in the NC Energy Conservation Cdoe for Commercial Buildings. For new multifamily residential buildings three stories or fewer and
new single-family residential buildings: 90% of new buildings buildings must meet Energy Star criteriathe HERO option listed within the Energy Conservation Code of the N.C. State Building
Code. 24 points 7. On-Site Renewable Energy Sources Incorporate on-site nonpolluting renewable energy generation, such as solar and geothermal energy with production capacity of at least
5% of the project’s annual electrical and thermal energy cost (exclusive of existing buildings), as established through an accepted building energy performance simulation tool. 2 points
9.8. Water Efficient Landscaping Reduce potable water consumption for outdoor landscape irrigation by limiting turf to 25% or less, incorporating rainwater catchment system(s) such as
rain 2 points
2012 Amendment Page 12 barrels or cisterns into the project, installing drip irrigation and utilizing stormwater for landscape irrigation. 9. Native Landscapes Complete a comprehensive
inventory of existing trees and vegetation on site and identify vegetation that is native, nonnative or invasive. Create a landscape plan that preserves and enhances native landscapes
and eradicates or prevents the spread of nonnative and invasive species. All noninvasive significant trees in good or excellent condition shall be maintained as part of this plan. 2
points 10. Building Orientation Design the project so that a minimum of 75 percent of the building sites are constructed with the longer dimension of the structure facing 0-30 degrees
of south. 2 points 11. Affordable Housing Include a minimum of 15% of the dwelling units as rental and/or for-sale dwelling units priced for households earning below area median income
(AMI). Rental units must be maintained at affordable levels for a minimum of 15 years. 42 points *No partial points will be awarded. Points will not 287 be awarded on a sliding scale.
288 289 BONUS AWARDS: 290 Bonus points will accrue after satisfaction of the “Core + 12 points” minimum exceptional 291 criteria above. The mixed uses criteria must be satisfied in order
to accrue bonus points. When 292 the project proposed has established the minimum criteria, any additional points derived from 293 within the elective categories above may be applied
toward density or floor area ratio bonuses. 294 Points may not be double counted and no partial points will be awarded.Density bonus shall be 295 awarded at a rate of one (1) additional
dwelling unit per acre for each additional point accrued 296 over the minimum exceptional criteria or one tenth (1/10) additional FAR for each two 297 additional points. 298 299
2012 Amendment Page 13 300 Diversity of Uses List 301 Use One: Retail 302 Convenience Store 303 Florist 304 Hardware Store 305 Pharmacy 306 SupermarketGrocery Store 307 Miscellaneous
retail 308 Use Two: Services 309 Bank 310 Coffee Shop 311 Hair care 312 Health club 313 Laundry/dry cleaner 314 Medical/dental office 315 Restaurant 316 Offices for private business
and professional activities 317 Use Three: Civic/Community Facilities 318 Child care (licensed) 319 Civic/community center 320 Place of worship in a building 321 Police/fire station
322 Post office 323 Public library 324 Public park 325 School 326 Senior care 327 Social services facility 328 329 Diversity of Uses Table Number of Uses Points Earned 2 2 3-5 3 6 or
more 4
2012 Amendment Page 14 Associated Technical Standards for Section 53.6 of the New Hanover County Zoning Ordinance, Exceptional Design Zoning District 330 331 Definitions 332 333 Infill
Site is defined as a site where at least 75% of the perimeter of the property borders 334 parcels that have been previously developed. 335 336 Previously Developed is defined as a site
having pre-existing impervious coverage that would 337 typically have required regulatory permitting to have been initiated. 338 339 Walk Distance: For the specified walk distance, the
pedestrian must be able to travel between 340 origins and destinations without obstruction, in a safe and comfortable environment on a 341 continuous network of sidewalks, all-weather-surface
footpaths, crosswalks, or equivalent 342 pedestrian facilities. Pedestrians should not have to cross a street with speed limits greater 343 than 25 mph without signals or stop signs
at crosswalks. 344 345 Requirement 1: Smart Location 346 Pre-project connectivity may be met when the proposed project is located so that 25% of the 347 project boundary is adjacent
to a previously developed property and connectivity of the site 348 and adjacent land is at least ninety (90) intersections/square mile as measured within a ½-mile 349 distance of a
continuous segment of the project boundary. Locate and/or design the project 350 such that a through street and/or nonmotorized right-of-way intersects the project boundary at 351 least
every 800 feet, connecting with an existing street and/or right-of-way outside the project. 352 (4/6/10) 353 354 Existing or planned adequate transit service: At least 50% of dwelling
units and business 355 entrances within the project must be located within ½ mile walk distance of existing or planned 356 bus transit stops. For planned transit stops, the transit agency
must certify that it has an 357 approved budget that includes specifically allocated funds for the transit stop and that the stop 358 will be constructed no later than occupancy of 50%
of the project’s total building square 359 footage. 360 361 Location of project near existing neighborhood shops, services, and facilities: The project 362 boundary must be within ¼
mile walk distance of at least five (5) or within ½ mile walk distance 363 of at least seven (7), of the diverse uses in the Diversity of Uses List in Section 53.6 of the 364 Ordinance.
Uses must include at least one use from each of the three diverse use categories 365 with the following limitations: a) uses may not be counted in two categories, e.g. a school or 366
place of worship may be counted only once even if it also contains a daycare facility; b) a mixed 367 use building containing several uses as distinctly operated enterprises with separate
exterior 368 entrances may count each as a separate use, but no more than half of the minimum number of 369 diverse uses can be situated in a single building or under a common roof;
c) a single retail store
2012 Amendment Page 15 of any type may only be counted once even if it sells products 370 associated with multiple use 371 types. 372 373 Requirement 34: Significant Species and Ecological
Communities 374 The Natural Area Inventory for New Hanover County shall be found on the New Hanover 375 County Planning Department’s website. The Inventory was designed to identify the
highest 376 quality natural areas and natural communities in New Hanover County. Only Significant species 377 are determined to be regulated under this requirement. 378 379 Requirement
5: Conservation Management of Habitat or Wetlands 380 Long-term management plan – This plan must manage the identified resource for at least ten 381 (10) years and include biological
objectives consistent with habitat and/or water resource 382 conservation. The plan should identify the following: a) procedures for maintaining the 383 conservation areas and personnel
to carry out those procedures, and b) estimated 384 implementation costs and funding sources. 385 386 Requirement 76: Stormwater Management 387 The New Hanover County-City of Wilmington
Joint Low Impact Development Manual shall be 388 downloaded from the New Hanover County Planning website. In order to meet this 389 requirement, a determination that the project is in
fact a Low Impact Development project, 390 must be made by the County’s Technical Review Committee (TRC). Representatives from the 391 project are encouraged to meet with County Planning
and Engineering staff prior to submittal 392 of the project to the County’s TRC. 393 394 Additional Requirement 1: Bicycle and Pedestrian Access 395 Bicycle Network: A continuous network
consisting of any combination of physically designated 396 in-street bicycle lanes at least four (4) feet wide, off-street bicycle paths or trails at least eight 397 (8) feet wide for
a two-way path and at least five (5) feet wide for a one-way path, and/or 398 streets with low traffic volumes designed to carry neighborhood traffic (bicycle through399 streets). Refer
to AASHTO bicycle and pedestrian standards for appropriate design and 400 construction. 401 402 Bicycle Storage for Multifamily Residential: In order to meet this requirement, the project
403 must provide secure bicycle racks on-site with at least one bicycle space per ten (10) dwelling 404 units and no fewer than four (4) spaces per project site. 405 406 Bicycle Storage
for Retail: The project must provide secure visitor, customer and/or employee 407 bicycle racks on site, with at least one bicycle space per 5,000 square feet of retail space, but no
408 fewer than one bicycle space per business or four bicycle spaces per project site, whichever is 409 greater. 410 411 Bicycle Storage for Commercial Non-Retail: The project must provide
secure employee and/or 412 visitor bicycle racks on-site with at least one bicycle space per 10,000 square feet of commercial 413 non-retail space but not fewer than four bicycle spaces
per building.
2012 Amendment Page 16 414 415 Additional Requirement 6 4: Certified Green Building 416 Building certification must be completed by the applicable program’s third party certification
417 program (i.e.: NAHB Green Building Certification must be conducted through the local NAHB 418 certification program). 419 420 Additional Requirement 7 5: Minimum Building Energy
Efficiency 421 For non-residential or mixed-use buildings, projects may document their building energy 422 efficiency by producing a LEED for New Construction energy model demonstrated
by a whole 423 building project simulation using the Building Performance Rating Method in Appendix G of 424 ANSI/ASHRAE/IESNA Standard 90.1-2007. 425 426 For multifamily residential
buildings, projects may demonstrate compliance with Energy Star 427 criteria either through the prescriptive requirements of a Builder Option Package, Home Energy 428 Rating System (HERS)
index, or a combination of the two. Energy Star certification is to be conducted by a 3rd 429 party verification process. 430 431 Additional Requirement 9: 10 Affordable Housing 432
For rental units, affordability must be priced for households earning 8060% of the area median 433 income (AMI). Rental limits are calculated annually based on the HUD Standard Income
and 434 Rent Limits table. For sale units, affordability will be based on sale price limits established by 435 the North Carolina Housing Finance Agency First-Time Home Buyer Mortgage
and 436 Downpayment Assistance Program.(4/6/10)
AMENDMENT TO THE NEW HANOVER COUNTY ZONING ORDINANCE APPLICANT: STAFF Staff proposes to amend Section 23: Definitions to provide clarity to the term Structure and/or Building. Proposed
changes are in red. Section 23: Definitions Structure and/or Building: Anything constructed or erected within a fixed location on the ground, or attached to something having a fixed
location on the ground. Among other things, structures include building, mobile homes, walls, fences, and poster panels. The terms building and structure shall be construed to include
porches, decks, carports, garages, sheds, roof extensions, overhangs, and any other projections directly attached to the structure.
Page 1 AMENDMENT TO THE NEW HANOVER COUNTY ZONING ORDINANCE APPLICANT: STAFF Staff proposes to amend Section 69: Stables to clarify that stables are permitted in Rural Agricultural,
Highway Business, Light Industrial, and Heavy Industrial Zoning Districts. Proposed changes are in red. Section 69: Stables A stable may be permitted in a Rural Agricultural, Highway
Business, Light Industrial, or Heavy Industrial District by right. A stable may also be permitted in the R-20, R-15, and AR Residential Districts provided that: (1) No stable shall be
erected closer than one hundred (100) feet to any property line. (2) A buffer in compliance with Section 67 is provided for the protection of adjoining residences. (3/2/81)
Permitted Uses * R F R R R R B B I I O & A A S R M Supp Regs NAICS PD 20S 20 15 10 1 2 1 2 I R I C A U Agriculture, Forestry, Fishing Agricultural Uses P P P P P P P P P P P P P P Kennels
P S S S P P P S S Veterinaries P P P P S P Wholesale Nurseries & Greenhouses (12/13/82) P P P P P P P P P P P P P P Mining Mining & Quarrying (Low Intensity) S S 72-42 21 Mining & Quarrying
(High Intensity) S 72-42 21 Construction General Building Contractor P P P P P General Contractors Other Than Building P P P P Landscaping Contractors (12/13/82) P P P P P Special Trade
Contractors P P P P P Special Trade & General Contractors with no Outside Storage (12/5/88) P P P Manufacturing Artisan Manufacturing P P P P P P S Limited Manufacturing P S P P P General
Manufacturing S P Intensive Manufacturing S Solar Power Farms P P
Permitted Uses * R F R R R R B B I I O & A A S R M Supp Regs NAICS PD 20S 20 15 10 1 2 1 2 I R I C A U Transportation, Communication, Utilities Air Transportation P P P P Bus & Taxi
Terminals (2/14/83) P P P P Commercial Marina with Floating Structures (4/2/84) S S S S S S S S S Commercial Marina (2/14/84) P S S S S S P P P S Dry Stack Storage of Boats: (1/7/08)
As a standalone warehouse P P P As accessory to a marina P S S S S P P P P Electric /Gas & Sanitary Services P P P P P P P P P P P P P P Electric Substations P S S S P P P P P S P P
S Junk Yards, Scrap Processing (See Section 68) P 68 423930; 423140; 423130 Mini-Warehouses P P P P P Motor Freight Transportation Warehousing P P P P Post Offices P P P P P P Railroad
Transportation P Telephone & Telegraph Facilities P P P P P P P P P P P P P P TV & Radio Broadcasting P P P P Warehousing P P P P P Water Transportation Facilities P P P P Other Communication
Facilities Including Towers (2/5/96) S S S S S S S P P S S S S S Antenna & Towers Less Than 70 Ft. Ft. In Height & Ancillary to the Principal Use (2/5/96) P P P P P P P P P P P P P P
Permitted Uses * R F R R R R B B I I O & A A S R M Supp Regs NAICS PD 20S 20 15 10 1 2 1 2 I R I C A U Cellular & PCS Antennas (See Section 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 P Wholesale Trade Livestock Sales P Wholesaling P P P P Wholesaling With No Outside Storage (11/2/81) P P Wholesaling
Seafood With Water Frontage 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 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, Home Furnishing & Equipment P P P P P
Permitted Uses * R F R R R R B B I I O & A A S R M Supp Regs NAICS PD 20S 20 15 10 1 2 1 2 I R I C A U 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 (5/6/85) 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, Real Estate Banks, Credit Agencies, Savings & Loans P P P P P P Services 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 Camping, Travel
Trailer Parks (2/14/83) P S S S S P S Drive-In Theater P P Dry Cleaning /Laundry Plant P P P P P Electrical Repair Shop P P P Equipment Rental & Leasing P P P P P
Permitted Uses * R F R R R R B B I I O & A A S R M Supp Regs NAICS PD 20S 20 15 10 1 2 1 2 I R I C A U Funeral Home P P P P Golf Courses P P P P P P P Hotels & Motels (12/13/82) P P
P P Indoor & Outdoor Recreation Establishments (2/14/82, 8/16, 04) P S S S S P P P P S S S P S Indoor Theater (2/14/83) P P P Outdoor Shooting Ranges (2/7/83) S S Parks & Recreation
Area (4/2/07) P P P P P P P P P P P P P P Personal Services P P P P Resort Hotel /Motel (1/4/83) P P P P Stables (3/2/81) P P P P P P P P P 69; 11 Septic Tank Vacuum Service P P P P
562991 Watch, Clock, Jewelry Repair P P P P Health Adult Day Care P S S S S P S Children's Day Care (12/13/82) P S S S S P P S S P S Community Center P S S S S P S Hospitals P S S S
S P S Nursing 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 Educational Services Colleges, Universities, Professional Schools & Technical
Institutions P S S S S P S Elementary & Secondary Schools P P P P P P P
Permitted Uses * R F R R R R B B I I O & A A S R M Supp Regs NAICS PD 20S 20 15 10 1 2 1 2 I R I C A U Libraries P P P P P P P P P P P Museums (5/2/83) P P P P P Membership Organizations
Churches P P P P P P P P P P P P P P Labor Organizations P P P P Lodges, Fraternal & Social Organizations (5/2/83) P S S S S P P P S S Fraternities /Sororities, Residential P P P Other
Accessory Buildings or Uses, clearly incidental to the Permitted Use or Building (see Section 62) P P P P P P P P P P P P P P Cemeteries S S S S S S S Christmas Tree Sales (7/6/92) P
P P P P P P P Circuses, Carnivals, Fairs & Side Shows of No More than 30 Days Duration Per Year P P P P P P Community Boating Facility (8/6/92) S S S S S S S Private Residential Boating
Facility (9/19/92) P P P P P P P Demolition-Landscape Landfill P P P P P P P P P P P P P P 69.1 562219 Duplexes P S P S Dwelling Unit Contained within Principal Use(4/85) P S S S S S
Electronic Gaming Operations (5/3/10) (see section 69.19) S S
Permitted Uses * R F R R R R B B I I O & A A S R M Supp Regs NAICS PD 20S 20 15 10 1 2 1 2 I R I C A U Evangelistic and Religious Assemblies not Conducted at a Church (7/6/92) P P P
P P P P P P P P P P P Government Offices & Buildings P S S S S P P P P P P P P S High Density Development (3/22/82) Permitted only within Urban Transition Area (2/16/87, 10/11/95) P
S S S S Home Occupation P P P P P P P Mobile Home S P P S S P S Mobile Home, Doublewide (6/7/82) P P P P S S P P Mobile Home Park (Density shall not exceed 2.5 Units Beyond Urban Transition
area) (2/16/87, 10/11/95) P S S S 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 Outdoor Advertising P P P Pumpkin
Sales (7/6/92) P P P P P P P P Principal Use Sign P P P P P P P P Research Facilities P P P P P Residential Private Pier P P P P P P Sanitary Landfill S 72-13 562212 Septage, Sludge
Disposal (7/6/83, 8/1/83) S 69.5 72-221320 33 Senior Living: Active adult retirement community or Independent Living (11/10/08) S S S S
Permitted Uses * R F R R R R B B I I O & A A S R M Supp Regs NAICS PD 20S 20 15 10 1 2 1 2 I R I C A U Senior Living: Assisted Living or Personal Care Facility (11/10/08) S S S S S S
Senior Living: Continuing Care Retirement Community or Life Care Community (11/10/08) P S S S S S Single Family Dwelling P P P P P S S P P P P Single Family Dwelling-Attached (1/4/82)
P P P P S S P Special Fund Raising for Non-Profit Organizations (7/6/92) P P P P P P P P P P P P P P Temporary Sign P P P P P P P P P P P P P P Recycling Facilities: (1/3/89) Small Collection
P S S S S P P P P S S P P 69.13 562920 Large Collection P S S S S S P P P S S P S 69.13 562920 Processing P P S 69.13 562920 Large Collection with Processing S S S S 69.13 562920
AMENDMENT TO THE NEW HANOVER COUNTY ZONING ORDINANCE APPLICANT: STAFF Staff proposes to amend Section 69.11: Setback Table, to clarify when roof overhangs are not calculated for purposes
of setbacks. Proposed changes are in red. Section 69.11: Setbacks Setbacks shall be measured from the structure. If a roof overhang extends more than two (2’) feet from the structure,
the setback shall be measured from the drip line of the roof. Setbacks within commercial, office and institutional and industrial districts abutting residential districts shall be calculated
The required minimum setbacks for structures located within Commercial, Office and Institutional and Industrial Districts abutting residential uses and/or platted lots on residentially
zoned property shall be calculated from Table 69.11 utilizing the following formulas. Where the adjacent residential district is occupied by non-residential uses, the minimum setback
shall be twenty (20) feet. (5/4/98) (1) Side yard Required setback (2) (Building Height) x (Factor from Column B, Table 69.11) (3) Rear yard Required setback (4) (Building Height) x
(Factor from Column D, Table 69.11) (5) Reductions in setbacks (6) The required setbacks may be reduced as specified in Section 67. In no case, however, shall any side or rear yard setback
be less than specified in Table 69.11 (3/9/88) DISTRICT SIDE YARD SETBACK FACTOR MINIMUM SIDE YARD SETBACK, IN ALL CASES REAR YARD SETBACK FACTOR MINIMUM REAR YARD SETBACK, IN ALL CASES
B-1 2.75 25’ 3.73 30’ B-2 2.75 30’ 3.73 35’ O&I 2.75 25’ 3.73 30’ I-1 3.08 35’ 4.33 40’ I-2 3.49 40’ 5.14 45’ A-I 3.08 35’ 4.33 40’
1 AMENDMENT TO THE NEW HANOVER COUNTY ZONING ORDINANCE APPLICANT: STAFF Staff proposes to amend Section 111: Petition, to provide flexibility when applicants choose to withdraw proposals
after public notice is given or when substantial changes have been made to a petition. Proposed changes are in red. Section 111: Petition 111-3: Submittal Procedure (1) All necessary
forms are available from the Planning and Inspections Department. The Department will upon request provide instructions, interpret applicable requirements and discuss the compatibility
of the proposed change with such requirements. Such assistance shall not be construed as support for the proposal. (2) Since major factors in considering a petition for a zoning map
change are the impact of the proposed change on the value of adjoining parcels and its compatibility with its surroundings, petitioners for such changes are encouraged to consult with
owners of adjoining parcels and other potentially affected parties before submittal. (3) Petitions must be received by the Planning and Inspections Department not later than twenty (20)
working days prior to the Planning Board meeting at which the application is to be considered. (4) After a final action has occurred on a petition, a new application for any portion
of the tract included in the present petition may not be accepted within twelve (12) months from the date of the final action unless a substantial change has been made to the original
petition. No petition shall be accepted within twelve (12) months from the date of final action on the last previous rezoning petition for any portion of the tract included in the present
petition. (5) If the last previous petition was withdrawn after the public notice for its scheduled public hearing has been delivered to the newspaper under the provisions of Section
112-1(4), the twelve (12) month period shall be measured from the date of such scheduled hearing no petition shall be accepted within twelve (12) months from the date of such scheduled
hearing unless a a substantial change has been made to the original petition. (6) A rezoning petition withdrawn before the public notice of scheduled public hearing before the Planning
Board has been delivered to the newspaper does not restrict the timing of later petitions in any way. (7) All requests for continuances of proposals and petitions involving a change
of zoning shall be subject to the following policies: (A) If an applicant requests that an item be delayed for consideration on the Planning Board agenda, the request must be in writing
to the Planning and Inspections Director and must include the reason(s) for the requested delay. If the request is received 1. Prior to notice being sent to the newspaper for advertising,
the Planning and Inspections Director may remove it from the agenda and calendar it for
2 the next meeting. No additional fee will be required. Only one administrative continuance is allowed per permit application. 2. After notice has been sent to the newspaper, the item
will remain on the agenda and the Planning Board will act on the request for continuance of the item at the meeting. The Board is under no obligation to grant a continuance. If continued,
a fee in accordance with the adopted fee schedule will be charged and the item will be rescheduled for the next upcoming meeting of the board or some other date certain. If the applicant
fails to appear at the meeting or fails to pay the additional fee by the publication deadline, the proposal will be deemed withdrawn, and a new application process will be required.
(B) If an applicant requests delay of consideration from the Board of County Commissioners agenda, the request must be in writing to the County Manager, copied to the Planning and Inspections
Director, and must include the reason(s) for the request. If the request is received: 1. Prior to notice being sent to the newspaper for publication, the Planning and Inspections Director
will remove the item from the list of planning items being sent for the Manager’s agenda and calendar it for the next regular night meeting. The Planning and Inspections Director will
immediately cause correction of the signage posted noticing the public hearing. A fee in accordance with the adopted fee schedule will be paid to the NHC Planning and Inspections Department
to offset the cost of fuel and staff time to correct the signage. 2. After notice has been sent to the newspaper, the item will remain on the agenda and the Commissioners will act on
the request for continuance of the item at the advertised meeting. The Commissioners are under no obligation to grant a continuance and may choose to hear the item and act on it. If
continued, a fee in accordance with the adopted fee schedule will be paid and the item will be rescheduled for the next regular hearing meeting or some other date certain. If the applicant
fails to appear at the meeting or fails to pay the additional fee by the publication deadline, the proposal will be deemed withdrawn, and a new application process will be required.
(9/07)