May 3 PB Packet
NEW HANOVER COUNTY PLANNING & INSPECTIONS DEPARTMENT 230 GOVERNMENT CENTER DRIVE, SUITE 110 WILMINGTON, NORTH CAROLINA 28403 TELEPHONE (910) 798-7165 FAX (910) 798-7053 NOTICE OF PUBLIC
HEARING NEW HANOVER COUNTY PLANNING BOARD MAY 3, 2012 The New Hanover County Planning Board will hold public hearings on Thursday, May 3, 2012 beginning at 5:30 p.m. or thereafter
at the New Hanover County Historic Courthouse, 24 North Third Street (corner of Third and Princess Streets), Room 301 in Wilmington, NC to consider the following items: Approval of the
April Planning Board Meeting Minutes Item 1: Rezoning Request (Z-917, 04/12)-Request by Cindee Wolf with Withers & Ravenel on behalf of JRB Property, LLC to rezone approximately 0.459
acres at 201 Porters Neck Road from R-15 Medium-Density Residential to CD(B-1) Conditional Business District. The site is identified as Transition on the 2006 CAMA Land Classification
Map. This item was continued from the April 12, 2012 Planning Board meeting per the applicant’s request. Item 2: Special Use Permit Request (S-605, 05/12) -Request by Ginger Bruton on
behalf of Canady Revocable Living Trust to obtain a special use permit to establish a “kennel”. The property is located in an O&I Office and Institutional Zoning District at 8001 Market
Street. The site is classified as Transition on the 2006 CAMA Land Classification Map. Item 3: Text Amendment (A-403, 05/12)-Request by Staff to amend Section 61 of the County's Zoning
Ordinance to remove the reference of outdoor bazaars from table 61-4 and revise the allowable duration of special fund raising for non-profit organizations. Technical Review Committee
Reports The Planning Board may consider substantial changes in these petitions as a result of objections, debate, and discussion at the meeting, including rezoning to other classifications.
Petitions for the above items may be viewed or inquiries made by contacting the Planning & Inspections Department at 798-7165, 230 Government Center Drive, Wilmington, NC. All interested
citizens are invited to attend. Chris O’Keefe, AICP Planning & Inspections Director Dennis Bordeaux Inspections Manager Shawn Ralston Planning Manager
NEW HANOVER COUNTY PLANNING BOARD MAY 3, 2012 Item 1: Rezoning Request (Z-917, 04/12)-Request by Cindee Wolf with Withers & Ravenel on behalf of JRB Property, LLC to rezone approximately
0.459 acres at 201 Porters Neck Road from R-15 Medium-Density Residential to CD(B-1) Conditional Business District. The site is identified as Transition on the 2006 CAMA Land Classification
Map. This item was continued from the April 12, 2012
Page1of4 Z917,4/12 CASE: Z917,04/12 PETITONER: Withers&RavenelonBehalfofJRBProperty,LLC REQUEST: RezonefromR15ResidentialtoCD
(B1)ConditionalUseDistrict ACREAGE: .4591 LOCATION: 201PortersNeckRoad LANDCLASS: Transition(2006AdoptedCAMAPlan) StaffSummary
The petitioner’s property is located near the intersection ofMarket Street and Porters Neck Road in northeasternNewHanoverCounty.Accesstotheparcelof�
�landisfromPortersNeckRoad,acollector roadway. The parcel is approximately .4591 acres and has a residentialhome existing on site. At
the presenttime,thehomeisbeingusedasanofficeforaprivateconstructionbusiness.Accordingtothe petitioner,thisofficehasbeenutilizedforthepastteny
ears.Noconstructionequipmentexistsonsite. Presentzoningofthepetitioner’spropertyisR15Residential.Thepropertyisboundedtothenorthand
westbyB1NeighborhoodBusinessandtothesoutheastbyR15Residential(seeattachedmap).TheB 1areacontainsavarietyofservicesrangingfromashoppingcente
r,banking,andpharmacytoagasand conveniencefacility.MoreintensecommercialservicesexistingundertheB2HighwayBusinessDistrict arealsolocatednearby.The�
�purposeoftheB1Districtistoprovideconvenientshoppingfacilitiesand personal services required to servenearby neighborhoods.The district’s primarymeans
of access are typicallyalongcollectorroads,minorarterialsand/ormajorarterials. Traffic near the petitioner’s property can be characterized as
moderate to heavy with “vehicular stacking” during peak hour times near the signalized intersection of Porters Neck Road and Market Street.
The average dailynumber of trips (ADT) on Market Street near and just south of the Market Street/ Porters Neck Road intersection is 12,834.
Trip generation figures have remained stable since 2006.TheLevelofService(LOS)alongMarketStreetnearPortersNeckRoadisFmeaningthattheroad
isovercapacity.PortersNeckRoaddidnothaveaLOSbasedon2007figures. The2006CAMALandUSE Plan identifies the area as “Transition.”The
“Transition” land classification provides for future intensive urbandevelopment.The location of these areas is basedupon land use planningpolicies(5.7)prom
otingoptimumefficiencyinlandutilizationandpublicservicedeliverywhile not diminishing the quality of life to nearby residents. Policy 4.3 also
provides for the maximum effectiveness ofcommercial uses within close proximity to the markets they serve and ensuring that suchusesdonotdiminishtheq
ualityoflifeinnearbyresidents.
Page2of4 Z917,4/12 StaffPosition Staff recommends approval of the request to rezone .4591 acres from R15 to CD (B1) for several
reasons. First, the parcel of land is adjacent to an existing B1 District located north and west. This rezoningproposalwouldbeanextensiontoanexis
tingdistrictthathasbeenestablishedforanumber of years.Second,the propertyasaconstruction officehasbeen inuse for closetoadecadeandhas
createdno ill effecton adjoining residential property to the south. The only element in the proposal which causes concern is the cement
median extending from the Market Street/Porters Neck Road intersection south beyond the petitioner’s property. This median was constructed to mitigate
traffic movement safety concerns. The median has created a “rightin”, “rightout” turning movement for accessintotheproperty.However,consideringthelimited
/lightamountoftrafficgoingtoandfromthe business,thismaynotposeasafetyconcern. Policies for growth and development encourage
services near major road intersections. The recently adoptedMarketStreetCorridorPlanhasdesignated/recognizedtheintersectionofMarketStreetand PortersNeckRoa
dasan“ActivityCenter.”ActivityCentersencouragecompact,mixedusedevelopment comprising of open space and office as well as businesses and
townhomes along with multimodel transportation. Sidewalks/multiuse paths are encouraged as well. It is expected that residential and commercialdemandforser
viceswillincreaseinthearea.Forthesereasonsandtheexistingusealready inplace,staffrecommendsapprovaloftherezoningportionofthisConditionalUseZoning�
�request. WiththisproposalbeingconsideredasaConditionalUseDistrict,thefollowingpreliminaryfindingsof factfortheSpecialUsePermitportionofthe�
�requestarenotedbyStaff: 1. The Board must find that the use will not materially endanger the public health or safety whereproposedanddevelopedacc
ordingtotheplanassubmittedandapproved. A. Publicwaterislocatedalongthefrontageoftheproperty.PublicsewerislocatedonMarket StreetatPortersNeckRoa
d. B. FireprotectionisprovidedbyNewHanoverCountyFireServices. C. Thepropertyisnotlocatedwithinafloodhazardarea. D. Anexistingdrivewaytothestructure
islocatedoffPortersNeckRoad. StaffSuggestion:Evidenceintherecordatthistimesupportsafindingthattheusewillnotmaterially endangerthepublichealth
orsafety. 2. The Board must find that the use meets all required conditions and specifications of the ZoningOrdinance. A. Conditional Zoning
Districts are designed for firm development proposals and not for tentativeorspeculativedevelopment.Theexistingstructurewillbeaconstructionbusiness
office. B. Theexistingstructurecontains1,476squarefeetofheatedfloorspacewithanopencarport attachedtothestructurealongwithanattachedgreenhouse.Astor
ageshedislocatednear thenorthernrearportionoftheyard.Asitemapdepictsthesefeatures. C. Landscaping,buffering,parking,andsignagearerequiredinaccordan
cewiththeCounty’s ZoningOrdinance.
Page3of4 Z917,4/12 Staff Suggestion: Evidence in the record at this time supports a finding that the use can meet all requiredconditionsand
specificationsoftheZoningOrdinance. 3. The Board must find that the use will not substantially injure the value of adjoining or abuttingpropertyorth
attheuseisapublicnecessity. A. The existing residential structure has been used as a construction office for the past few years.Nochangestothestr
uctureareplannedtotakeplace. B. No evidence has been submitted that this use will decrease property values of residents wholivenearby.
Staff Suggestion: The evidence in the record at this time supports a finding that the use will not materiallyinjurethevalueofadjoiningproperty.
4. TheBoardmustfindthatthelocationandcharacteroftheuseifdevelopedaccordingtothe planassubmittedandapprovedwillbeinharmonywiththeareain
whichitistobelocated andingeneralconformitywiththeplanofdevelopmentforNewHanoverCounty. A. The2006LandUsePlanidentifiesthepropertyas“Transition
.”The“Transition”designation provides for further intensive urban development on lands that have been or will be providedwithnecessaryurbanservices.The
locationoftheseareasisbaseduponlanduse planningpoliciesrequiringoptimumefficiencyinlandutilizationandpublicservicedelivery. B. Policy4.3ofthe2006CA
MALandUsePlanoutlinesthedesiretomaximizeeffectivenessof commercial type uses by assuring that land is available for commercial uses within
close proximity to the markets they serve and by ensuring that such commercial nodes do not diminishthequalityoflifeinnearbyresidentialareas.
TheproposalmeetsrequirementsfortheB1NeighborhoodBusinessZoningDistrictandislocatedin a“Transition”landclassification.Noroadwayimprovementsarerequired
.Accessfromtheproperty willbelimitedtorightinandrightoutturningmovements. Staffsuggeststhatthefindingsarepositivewiththefollowingconditions:
1) InaccordancewithSection31(“RulesforInterpretationofDistrictBoundaries)oftheCounty’s Zoning Ordinance, the proposal shall include the road
rightofway front yard width of the propertyalongPortersNeckRoadextendingnorthwesttotheeasternrightofwayofPorters NeckRoad(seebasemap)and,
2) Anydeedrestrictionstothepropertybeingmodifiedorreleasedofrecord. Note:ASpecialUsePermitisaquasijudicialactionrequiringanevidentiaryhea
ringandfindingsof fact. ActionofSpecialUsePermitNeeded: (Chooseone) 1. Motiontorecommendthespecialusepermitbasedonthefindingsoffact(withor
without conditions) 2. Motion to table the item in order to receive additional information or documentation (specify).
Page4of4 Z917,4/12 3. Motiontorecommenddenialbasedonspecificnegativefindingsinanyofthefourcategories notedabovesuchaslackofconsistencywi
thadoptedplansordeterminationthattheproject willposepublichazardsorwillnotadequatelymeettherequirementsoftheordinance.
CaseZ917(4/12) Rezone0.459acresfromR15,mediumdensityresidentialtoCD(B1),conditionalbusinessdistrict. PetitionSummaryData 201PortersNeckRoad
Owner/Petitioner:CindeeWolfwithWithers&Ravenel,Inc.onbehalfofJRBProperty,L.L.C. ExistingLandUse:R15,mediumdensityresidential ZoningHistory:Area
5(July6,1971) LandClassification:Transition WaterType:CFPUA SewerType:Noneatthistime;however,sewerislocatedonMarketStreetatPortersn
eckRoadwithin500 feet of this property which will be required to be extended at the cost of the developer for any new construction.
RecreationArea:BlairElementarySchool Access& Traffic Volume: The ADT of Porters Neck Road, South of Market Street, has increased from
12,776(2010)to12,834(2011).TheportionofPortersNeckRoadfrontingthesubjectpropertyhasaLOSof F,meaningthetrafficcountsexceedthecapacityoftheroadwa
y. FireDistrict:NewHanoverCountyFireServiceDistrict Watershed&WaterQualityClassification:PagesCreek(SA;HQW303) AquiferRechargeArea:Ashallow�
�watertableandaquiferandunderlyingartesianaquifercontainingfresh wateroversaltywater. Conservation/Historic/Archaeological Resources: The entire
parcel is located with the Special Highway OverlayDistrict(S.H.O.D.).TheConservationOverlayDistrictclassifiesthepropertyasUrbanandDeveloped
Land. Soils:LeonSandistheonlysoillocatedonthesubjectproperty. SepticSuitability:LeonSandisaClassIIIsoil.Ithasseverelimitationsandrequires�
�extensivemodificationand intensivemaintenance. Schools:BlairElementarySchool
APPLICANT MATERIALS
NEW HANOVER COUNTY PLANNING BOARD MAY 3, 2012 Item 2: Special Use Permit Request (S-605, 05/12) -Request by Ginger Bruton on behalf of Canady Revocable Living Trust to obtain a
O&I Office and Institutional Zoning District at 8001
Market Street. The site is classified as Transition on the 2006 CAMA Land Classification Map.
S-605, 05/12 SPECIAL USE PERMIT S-605, 05/12: Request for a special use permit to establish a kennel in an Office and Institutional District, located at 8001 Market Street. Request
By: Ginger Bruton on behalf of Judy M. Canady, Canady Revocable Living Trust Location: 8001 Market Street, Parcel ID R03600-003-067-000 Preliminary Staff Findings 1. The Board must find
that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. The subject property is currently
billed for public sewer with CFPUA. Public water is available; however, applicant anticipates u
to use the existing well will require an Existing Use of Well Permit from Environmental Health. B. The route of access is Sweetwater Drive to Market Street. The ADT of Market Street,
north of Sweetwater Drive, has decreased from 39,195 (2010) to 34,402 (2011). The Level of Service at the intersection of Market Street and Sweetwater Drive is F. C. The subject property
is located in the New Hanover County Fire Service District. Fire extinguishers and exit signs will be required per NFPA. D. The site is not within a flood hazard area. E. The property
is located within the S.H.O.D. and is subject to the requirements of Section 59.6. Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially
endanger the public health or safety where proposed. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The current facility
is the former Canady Extermination building and as of April 17, 2012 has been renovated to accommodate the Going Green Pet Spa. The applicant currently accommodates no more than three
(3) pets at one time under a Zoning Only Permit, #12-4438. B. The applicant wishes to increase the number of pets she is eligible to accommodate at �
� pets beyond three at one time requires a special use permit in
the O&I zoning district. C. The applicant currently has 7 designated off street parking spots, shown on the site plan, exceeding the minimum requirement of Section 81-1, which requires
1 parking space for each 400 square feet of gross floor area. D. The facility has direct access onto a street that meets the minimum requirements for acceptance and maintenance by the
North Carolina Department of Transportation per Section 72-26(1). E. The applicant is proposing two exercise areas with four (4) to six (6) foot fencing. F. There is not currently an
outside sign for the facility, nor is one proposed per the attached site plan. However, if one were to be added to the site it would be subject to Section 72-26(4).
S-605, 05/12 G. Buffering is proposed by the applicant to include a row of 6 foot tall wax myrtles planted 5 feet apart to mitigate impacts to the adjacent residential property consistent
with 67B-4(1). Further, the applicant is proposing to screen the dumpster from adjacent residential property with a fence. Staff feels the buffer proposed, in addition to the distance
between the proposed kennel and adjacent residence, is substantial enough to satisfy requirement 5 of Section 72-26 of the zoning ordinance. H. All other local, state, and federal requirements
must continue to be met, including possible property upgrades to meet building codes and fire safety codes. Staff Suggestion: Evidence in the record at this time supports a finding that
the use meets all required conditions and specifications of the Zoning Ordinance. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting
property or that the use is a public necessity. A. The proposed use is a continuation and expansion of an existing facility. B. No evidence has been submitted that this
project will decrease property values of residents who live nearby Staff Suggestion: The evidence in the record at this time supports a finding that the use will not substantially injure
the value of adjoining or abutting property. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in
harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The subject property is located in an Office and
Institutional (O&I) zoning district. B. Kennel facilities are permitted by special use permit in Office and Institutional districts. C. The 2006 Joint CAMA Plan Update shows the land
classification as Transition. STAFF COMMENTS The proposal meets the requirements of Section 72-26 and is located within an area classified as transition according to the 2006 CAMA Land
Use Plan. Staff feels the findings are positive; however, recommends the following conditions: (a) obtain a permit for an existing use of well with Environmental Health or connect to
public water; and (b) dedicate a twenty (20) foot access easement on the subject property for future development of a multi-use path along Market Street, consistent with the Market Street
Corridor Plan. Note: A Special Use Permit is a quasi-judicial action requiring an evidentiary hearing and findings of fact. ACTION NEEDED: (Choose one) 1. Motion to Recommend Approval
(with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Recommend Denial based on specific findings
in any of the 4 categories above, such as lack of consistency with adopted plans or
S-605, 05/12 determination that the project will pose public hazards or will not adequately meet requirements of the ordinance.
CaseS605(05/12) SpecialUsePermittoestablisha“Kennel”inanO&IZoningDistrict PetitionSummaryData 8001MarketStreet Owner/Petitioner:GingerBrutonon�
�behalfofJudyM.Canady,CanadyRevocableLivingTrust ExistingLandUse:O&I,OfficeandInstitutional;vacantstructureiscurrentlyonsite ZoningHistory:Area5�
�(July6,1971) LandClassification:Transition WaterType:Available,butnotused.Currentlyutilizinga5/8”meterwell SewerType:CFPUA RecreationArea:
BlairElementaryschool Access& Traffic Volume: The ADT of Porters Neck Road, South of Market Street, has increased from 12,776(2010)to12,834(2011).
TheportionofPortersNeckRoadfrontingthesubjectpropertyhasaLOSof F,meaningthetrafficcountsexceedthecapacityoftheroadway. FireDistrict:NewHanove
rCountyFireServiceDistrict Watershed&WaterQualityClassification:PagesCreek;SA;HQW303(d) AquiferRechargeArea:Ashallowwatertableandaquiferand�
�underlyingartesianaquifercontainingfresh wateroversaltywater. Conservation/Historic/Archaeological Resources: The entire parcel is located with the
Special Highway OverlayDistrict(S.H.O.D.).TheConservationOverlayDistrictclassifiesthepropertyasUrbanandDeveloped LandandPocosin;however,thePocosinisnot
accompaniedbyaClassIVsoilandthereforenotconsidereda conservationarea. Soils:LeonSand,KurebSand(18%slopes),&Murvillefinesand SepticSuitability:
LeonsandandMurvillefinesandareClassIIIsoils.Theyhaveseverelimitationsandrequire extensive modification and intensive maintenance. Kureb
Sand is a Class I soil. It is suitable with slight limitations.limitations. Schools:BlairElementarySchool
APPLICANT MATERIALS
NEW HANOVER COUNTY PLANNING BOARD MAY 3, 2012 Item 3: Text Amendment (A-403, 05/12)-Request by Staff to amend Section 61 of the County's Zoning Ordinance to remove the reference of outdoor
bazaars from table 61-4 and revise the allowable duration of special fund raising for non-profit organizations.
A-403, 05/12 AMENDMENT TO THE ZONING ORDINANCE CASE NUMBER: A-403 APPLICANT: STAFF As part of the County’s ongoing ordinance improvement, staff proposes to amend section 61, Temporary
Buildings, to clarify the intent of this section as well as some of the regulatory timelines. Section 61’s title states Temporary Buildings but contains language that pertains to regulating
temporary uses as well. Therefore, staff proposes to amend the title to reflect its intents and purposes. Also, staff proposes to clarify the time lines established in the table under
section 61-4. Currently, the section lists the duration and districts in which certain activities are permitted. However, the duration is not explicitly expressed in relative terms.
For instance, Evangelistic and religious assemblies have a duration of 14 days. Currently, the ordinances is silent on whether this pertains to 14 days a year, quarter, month etc.. Therefore,
staff proposes this change to clarify and identify that the duration is per calendar year. year. Also, staff proposes to extend the duration for special fund raising for nonprofit organizations.
Staff has observed non-profit organizations which have seasonal and occasional events which surpass the current 3 day duration. Therefore, staff proposes to extend the duration for special
fundraising for non-profit organizations to 45 days per calendar year. Staff also proposes to remove from the table the section pertaining to outdoor bazaars excluding yard sales. There
has been uncertainty as to what this section would cover, and currently staff cannot ascertain a use for the classification. Recently, an applicant attempted to use this classification
for a farmers market, which now as a dedicated section. Staff feels that there is no need for the classifications and that other temporary uses should be covered under the other existing
classifications. Section61:TemporaryUse/Building Inanyzoningdistricttemporarystructures,assetforthbelow,whicharetobeusedin connectionwiththed
evelopmentandsaleofatractoflandmaybeerectedorlocated onsaidtractpriortoandmayremainthereofduringtheconstructionordevelopment period.
611: Temporarybuildingsortrailersmaybeusedasconstructionoffices,fieldoffices or for storage of materials to be used in connection with
the development of saidtract,providedthatsaidtemporarystructuresareremovedfromsaidtract within thirty (30) days after completion of the
project development, after
A-403, 05/12 voluntarysuspensionofworkontheprojectordevelopment,afterrevocationor expirationofbuildingpermitoranorderbytheBuildingInspectoruponafindi
ng that said temporary structure is deemed hazardous to the public health and welfare.Suchtemporarybuildingsortrailersmaynotbeusedasadwellingunit.�
� (8/7/89) 612: Temporary real estate offices or sales offices may be established in a display dwellingunitortemporarybuildingprovidedthatsaidoffice
sareclosedandthe operationdiscontinuedand all temporary structuresand facilitiesare removed fromthetractuponthecompletionofthesale,rentorleaseof�
�ninetyfive(95) percentofthedwellingunitsorlotofsaidtract. 613: No temporary buildings or trailers shall at any time be located
closer than twentyfive (25) feet to a property line of any adjacent property, notwithstanding the required setbacks of the zoning district
in which such temporarybuildingortrailerislocated.(9/7/76) 614: Temporary Uses and Activities Not Elsewhere
Classified Other temporary activitiesasnotedinthetablebelowshallbepermittedsubjecttothetableof permitted uses and a provision of
adequate sanitation facilities pursuant to HealthDepartmentregulationsasapplicableandtherequirementsoftheTable. (7/6/92) 614.1: Process
for establishing Temporary Use / Building – Approval for temporary use/building shall followprocedures for establishingazoning permit.Annually,
applicants shallsubmitazoningpermit applicationaccompaniedbya siteplan and include all pertinent information for the operation of the temporary
use /building.ParkingshallbeinaccordancewithArticleVIIIofthezoningordinance. USE DURATION PER CALENDAR YEAR PERMITTED DISTRICTS Outdoor bazaars excluding
yard sales 3 Days All districts Christmas tree sales Pumpkin sales 6/93 45 Days All Commercial, Office, & Industrial Districts Special fund raising for non-profit organizations 3 Days
45 Days All Districts Evangelistic and religious assemblies not conducted at a church 14 Days All districts
A-403, 05/12 61-5: StandardsforTemporaryFarmersMarketsorProduceStandsinResidentialDistricts Open lot sales of farm produce and related products
may be allowed by right as a temporaryuseinallresidentialzoningdistrictswhenallofthefollowingstandardsare met: (1) Salesarelimitedtoacumulativ
etotalofnomorethan60dayspercalendaryear. (2) In the case ofa Farmers Market, all vendorsmustbe original producers of items for sale.
Eligible products for temporary farmersmarkets or produce stands are fruits, vegetables, herbs, flowers, eggs, meats, seafood, cheese, baked goods,
jellies and jams, honey, and handmadecrafts,consistentwithNCFoodandDrugProtectionAgencyandtheDepartment of Agriculture, and all other federal,
state and local laws relating to the production and sellingofsuchgoods.Aminimumof75%oftheproductsdisplayedandofferedforsalemust bedirectlylinke
dtofarmproducts,anddocumentationofhowthesestandardswillbemet shallbespecifiedonthesubmissionforzoningapproval. (3) Theproposedtimescheduleanddura
tionoftheusemustbespecifiedonthesubmissionfor zoningapproval. (4) Minimum lot size shallbeno less than 1 acre for produce stands and
2 acres for farmers markets. (5) Thesiteshallfrontonacollectororarterialroadway. (6) ApprovedNCDOTdrivewaypermitisrequired. (7) Ingress, egress,
circulation, and parking plans shall describe measure proposed to assure safetyandminimizetrafficimpactsonsurroundingareas. (8) Adequatesolidwastedisposalm
ethodsmustbeprovidedforvendorsandcustomers (9) Onlytemporarysignageshallbeallowedforthesetemporaryuses.Amaximumoftwo(2) temporarysignsshallbeallo
wedonsitetoadvertiseforthemarketasawhole. a. Temporarysignageconsistentwiththepermitmaybeinstallednomorethan2dayspriorto thestartofmarket
activitiesandshallberemovedattheconclusionofoperatinghours. b. Individualsignsshallnotexceed35squarefeetinsignarea.Allpermittedsignsshallhavea�
� maximumheightof6feetandshallbesetbackaminimumof10feetfromanypropertyline. c. Illuminationofsignageisprohibited. (10) ParkingRequirements
a. One(1)parkingspaceisrequiredforeveryeighthundredsquarefeet(800)ofgrossmarket area.Exceptthataminimumoftwospacesisrequired.Spacesshallmeett
heminimumsize requirements as identified in New Hanover County Zoning Ordinance, Section 806: Off StreetParkingDesignandSpaceSize. b. Parkingshallb
eprovideonthesamesiteastheFarmersMarketorproducestand,ormay belocatedoffsiteprovidedthatitiswithinfourhundred(400)feetofthemainentrance
of themarket.Ifparkingisprovidedoffoftheprimaryparcelthenawrittenparkingagreement betweentheresponsiblepartyandtheparcelownershallbeprovidedpri
ortotheissuance
A-403, 05/12 of any permit. Adequate and safe ingress and egress shall be provided by the Farmers MarketManagementorthepropertyowner. c.
All parking must occur in designated areas. No parking shall occur in any unimproved parking surfaces such as, but not limited to landscape
parking islands, medians, or open/passiverecreationspace. (11) Asitelayoutshowingtheproposedmarketingarea(vendorspaces,staging,salesand displ
ayareas,andcustomerpromenades),parking,trafficcirculation,lighting,waste disposalmethod,signageandothersiteamenitiesmustbesubmittedforapproval.
(12) Tentsorothersheltersmustmeetfiresafetycodesandshallbedisassembledafter market hours of operation. Tents shall be located so that
they will not interfere withthenormaloperationsofanypermanentuseontheproperty. (13) Theproposedlocationmaynotbepartofdesignatedrecrea
tion,openspaceor commonareainanapprovedresidentialsubdivision. (14) RestroomfacilitiesforthepublicmayberequiredforcompliancewithNCBuildingCode.
(15) Ifstructuresareproposedorrequired,theplanshallbereviewedforcompliancewith theAmericanswithDisabilitiesActandotherbuildingcodes.
(16) Liveanimalsorbirdsshallnotbesoldordisplayed. (17) Nobands,amplifiedmusicorotherentertainmentshallbeallowed. (18) Noconcessionsforconsumptionon
siteandnocookingofproductsshallbeallowedon thesite. (19) Noalcoholproductsshallbeallowed. (20) Anyproposalforapermanentfarmersmarketorproduce
stand,andanytemporary farmers market or produce stand proposing to exceed the standards or limitations outlined in this section may be
allowed at the discretion of the Board of County Commissioners only upon issuance of a Special Use Permit under the terms and conditionsoutlinedinArt
icleVIIofthisordinance.(12/10/10) ACTION NEEDED: (1) Approve as recommended (2) Approve with changes (3) Continue for further information (4) Deny the amendment