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1976-09-07 RM Exhibitsf T ti~ivUvbii ni•iE~viivi> ~iiL i~ilivt ~"v ~..r~'_ :L OF NEk' Hr~vOVER COt?v'T1, NORTH C.~~GLINA ADOPTED OCTOBER 6, 1969 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN Section 1 That the Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended, be, and the same is hereby further amended as follows 1 Amend Article V, Section 51-2 by deleting the following (13) Temporary residential sales office to serve the subdivision or other residen- tial development in which it is located and any adjoining subdivisions or residential developments by the same developer or affiliate, provided the sales office shall be terminated upon completion of the sale of ninety-five (95) percent of the houses and/or lots in the affected development 2 Amend Article V, Section 51-3 by deleting the following (3) Construction office 3 Amend Article V, Section 52-2 by deleting the following (13) Temporary residential sales office to serve the subdivision or other residen- tial development in which it is located and any adjoining subdivisions or residential developments by the same developer or affiliate, provided the sales office shall be terminated upon completion of the sale of ninety-five (95) percent of the houses and/or lots in the affected development 4 Amend Article V, Section 52-3 by deleting the following (2) Construction office 5 Amend Article V, Section 53-2 by deleting the following (13) Temporary residential sales office to serve the subdivision or other residen- tial development in which it is located and any adjoining subdivisions or residential developments by the same developer or affiliate, provided the sales office shall be terminated upon completion of the sale of ninety-five (95) percent of the houses and/or lots in the affected development 6 Amend Article V, Section 53-3 by deleting the following (2) Construction office 7 Amend Article V, Section 54-3 by deleting the following (2) Construction office 8 Amend Article V, Section 55-3 by deleting the following (2) Construction office 9 Amend Article V, Section 56-3 by deleting the following (2) Construction office 10 Amend Article V, Section 57-3 by deleting the following (1) Construction office 11 Amend Article VII, Section 72 by deleting the following 72-3 Construction Office - A mobile home type structure may be permitted in any district as a construction office o n the same lot in which a building is being erected Such structures sha ll comply with the front and side yard requirements of the district and sh all be moved off the lot before the Certificate of Occupancy is issued for the building being constructed 12 Amend Article VI by adding the following Section 61 Temporary Buildings In any zoning district temporary structures, as set forth below, which are to be used in connection with the development and sale of a tract of land may be erected or located on said tract prior to and may remain thereon during the con- struction or development period 61-1 Temporary buildings or trailers may be used as construction offices, field offices or for storage of materials to be used in connection with the development of said tract, provided that said temporary • r structures are remcved from said tract within thirty (3{J) davs after completion of the project development, after vnluntarv sus- pension of work on the project or development, after revocation or expiration of building permit, or on order by the Building Inspector upon a finding that said temporary structure is deemed hazardous to the public health and welfare 61-2 Temporary real estate offices or sales offices may be established in a display dwelling unit or temporary building provided that said offices are closed and the operation discontinued and all temporary structures and facilities are removed from the tract upon the completion of the sale, rent or lease of ninety-five (95) percent of the dwelling units or lots of said tract 61-3 No temporary buildings or trailers shall at any time be located closer than twenty-five (25) feet to a property line of any adjacent property, notwithstanding the required setbacks of the zoning district in which such temporary building or trailer is located Section 2 Any ordinance or part of any ordinance in conf lict 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 1976 Adopted this i'~/ day of ~.=~ C~-,~t,!_~~ , J ~) Chairman and Commissioner ~~ ~/./ ~~ ~ ~~ Commissioner ~~ _ _ ' ~ _. Commissioner / ~ ~ / Commissioner ~% ~ ~ Commissioner / .. ~ _ r~~ rR _`i'!~ l C Tr_~ .~ <I'vG Oa,T;I .~'tiCE 0? ','~~' ~'~~~:~~t;~F. r~~~-'1TY, ,•;OpI•p r un? ItiA ADOPTED OCTOBER 6, 1969 THE BOARD OF CO`•`^~ISSIONERS OF NE4i 1LANOVER COUI~"TY DOTH ORDAIN Section 1 That the Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended, be, and the same is hereby further amended by amending Article IV to read as follows ARTICLE IV NON-CONFORMING SITUATIONS Section 40 General 40-1 After the effective date of this Ordinance, land or structures, or the uses of land or structures which would be prohibited under the regula- tions for the district in which it is located anal which were existing prior to the effective date of this ordinance shall be considered as non-conforming It is the intent of this ordinance to permit these non-conformities to continue until they are removed, but not to encourage their continual use Non-conforming structures or uses may be continued provided they conform to the provisions of this ordinance Section 41 Definitions 41-1 Unless the context clearly indicates otherwise, the terms defined below are used in this Article in the following manner (1) Non-Conforming Situation - A situation that occurs when, on the effective date of this ordinance or any amendment hereto, an existing lot or structure, or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located (2) Non-Conforming Lot - A lot existing at the effective date of this ordinance or any amendment hereto that cannot meet the minimum Iot area requirements of the district in which the lot is located (3) Non-Conforming Use - A non-conforming situation that occurs when property is used for a purpose or in a manner made unlawful by the permitted use regulations applicable to the district in which the property is located (4) Non-Conforming Building or Structure (Dimensional Nan-Conformity) - A non-conforming situation that occurs when the height, size or minimum floor space of a building or the relationship between an existing building and the required yard setbacks does not conform to the regulations applicable to the district in which the property is located (5) Non-Conforming Project - Any structure, development or undertaking that is incomplete at the effective date of this ordinance and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned Section 42 Use of Undeveloped Non-Conforming Lots 42-1 Non-Conforming Single Lot of Record - A vacant lot of record established prior to the effective date of this ordinance which does not conform to the minimum lot requirement of the district in which it is located may be used as a building site for a use permitted within that district provided (1) All construction and the location of the building(s) shall be in accordance with the applicable front, side and rear yard requirements of the zoning district in which located (2) The existing or proposed water and sewage disposal system is approved by the New Hanover County Health Department 42-2 Non-Conforming Contiguous Lots of Record - If two or more contiguous vacant lots of record established prior to the effective date of this ordinance are in single ownership such lots at the owner's option may be designated to form a single or several lots which meet the minimum front, side and rear yard requirements of the zoning district in which located Section =+3 C~upZeti~r: of or_-Cor_fo_-;::~ng rro-~e~ts 43-1 The construction or erection of any non-con.=or.airg project r.:~ be c ~- pleted provided (1) All construe*_ion is done pursuant to a validly issued bLiidi_ng perm_*_ Section 44 Extension or Enlargement of Non-Conforming Situations 44-1 Except as specifically provided in this Section, it shall be unlawful for any person to engage in any activity that causes an increase in the extent of non-conformity of a non-conforming situation 44-2 Subject to paragraph 44-4 of this Section, a non-conforming use may be extended throughout any portion of a completed building that, when the use was made non-conforming by this ordinance, was manifestly designed or arranged to accommodate such uses However, subject to Section 43 of this ordinance, a non-conforming use may not be extended to additional buildings or to land outside the original building 44-3 Subject to Section 43 of this ordinance, a non-conforming use of open land may not be extended to cover more land than was occupied by that use when it became non-confdrming, except that a use that involves the removal of natural materials from the Iot (e g , a quarry) may be expanded to the boundaries of the lot where the use was established at the time it became non-conforming, if ten (10) percent or more of the earth products had already been removed at the active date of this ordinance 44-4 Where a non-conforming situation exists the equipment or processes may be changed if these or similar changes amount only to changes in degree of activity rather than changes in kind and no violations of other paragraphs of this Section occur 44-5 Physical alteration of structures or the placement of new structures on open land are unlawful if they result in (1) An increase in the total amount of space devoted to a non-conforming use, or (2) Greater non-conformity with respect to dimensional restrictions such as yard requirements, height limitations, or density requirements 44-6 Minor repairs to and routine maintenance of property where non-conforming situations exist are permitted and encouraged 44-7 Notwithstanding paragraph 44-5, any structure used for single family residential purposes and maintained as a non-conforming use or structure may be enlarged or replaced with a similar structure of a larger size, so long as the enlargement or replacement does not create new nan-conformities or increase the extent of existing non-conformities with respect to yard size and setback requirements In particular, a mobile home may be replaced with a larger mobile home, and a "single-wide" mobile home may be replaced with a "double-wide " This paragraph is subject to the limitations stated in Section 46 - Abandonment and Discontinuance of Non-Conforming Situations 44-8 A structure that is non-conforming in any respect or a structure that is used in a non-conforming manner may be reconstructed or replaced if partially or totally destroyed, subject to the following restrictions (1) A letter of intent is received by the Building Inspector within six (6) months from the time of such destruction (2) A building permit is obtained from the Building Inspector within one (1) year from the time the damage or destruction took place (3) The total amount of space devoted to a non-conforming use may not be increased, except that a larger, single family residential structure may be constructed in place of a smaller one and a larger mobile home intended for residential use may replace a smaller one (4) The reconstructed building may not be more non-conforming with respect to dimensional restrictions such as yard requirements, height limitations or density requirements, and such dimensional non- conformities must be eliminated if that can reasonably be accomplished without unduly burdening the reconstruction process or limiting the right to continue the non-conforming use of such building Section 45 Change in Kind of Non-Conforming Use 45-1 Anon-conforming use may be changed to a conforming use Thereafter, the property may not revert to a non-conforming use 45-2 Anon-conforming use may be changed to another non-conforming use only in accordance with approval issued by the Board of Adjustment The Board shall issue such approval if it finds that the proposed use will be more compatible with the surrounding neighborhood than the use in operation at the time the approval is applied for If a non-conforming use is changed to any use other than a conforming use without obtaining approval pursuant to this paragraph, that change shall constitute a discontinuance of the non-conforming use, with consequences as stated in Section 46 45-3 If a non-conforming use and a conforming use, or any combination of conforming and non-conforming uses, or any combination of non-conforming uses exist on one (1) lot, the use made of the property may be changed substantially (except to a conforming use), only in accordance with approval issued by the Board of Adjustment The Board shall issue such approval if it finds that the proposed use will be more compatible with the surrounding neighborhood than the use or combination of uses in operation at the time the approval is applied for Section 46 Abandonment and Discontinuance of Non-Conforming Situations 46-1 When a non-conforming use is discontinued for a consecutive period of two (2) years, the property involved may thereafter be used only for conforming purposes 46-2 For purposes of determining whether a right to continue a non-conforming situation is lost pursuant to this Section, all of the buildings, activities and operations maintained on a lot are generally to be con- sidered as a whole _ For example, the failure to rent one (1) apartment in a non-conforming apartment building or one (1) space in a non-conforming mobile home park for two (2) years shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building or mobile home park as a whole is continuously maintained But if a non-conforming use is maintained in conjunction with a conforming use, discontinuance of a non-conforming use for the required period shall terminate the right to maintain it thereafter And so, if a mobile home is used as a non-conforming use on a residential lot where a conforming residential structure also is located, removal of that mobile home for two (2) years terminates the right to replace it 46-3 When a structure or operation made non-conforming by this Ordinance is vacant or discontinued at the effective date of this Ordinance, the two (2) year period, for purposes of this Section, begins to run at the effective date of this Ordinance 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 this ~'~ day of ,:~~-~ -„~G.,~ , 1976 \ '' Chairman and Commissioner Commissioner i ,i Y~ ~.v ~~,~ , f~ _-~ Commissioner /~ v ~~:~~ C' . r r-~--- Commissioner - `~ ~ .~ commissioner w __._ WILMINGTON-NEW HANOVER COMPREHENSIVE PLANNING PROGRAM RECOMMENDED POLICIES FOR GROWTH AND DEVELOPMENT DRAFT APRIL 29, 1976 ~ aRa~n-,,,~c+r.T ~ The following is a description of the Planning Commission's recommended changes resulting from review and discussion of the recommended policies Section II, A (3) (c) - Pg 9 Change "shall" to "should " Section II, A (3) (f) - Pg 10 Change "shall" to "should " Section II, B (1) (a) - Pg 11 Insert "seafood" at end of sentence Section II, B (1) (c) - Pg 13 Insert "appropriate site improvements are made or" between "as" and "centralized Also, revise last sentence to read "Where septic tanks are permissible, no part of the system shall be any closer than 100 feet to estuarine waters and drainageways which discharge to estuarine waters " Section II, B (2) (a) - Pg 14 Strike the county's poor soils" and insert "those soils of the county which are unsuitable for waste disposal " Same Section, last paragraph Change "impacted" to "affected " Section II, B (2) (c) - Pg 15 First policy statement - change "prohibited" to "restricted " Section II, B (3) (c) - Pg 16 Add at end of second policy statement "or other uses which would not have the effect of damaging or altering the natural function of the marsh " Section II, B (4) (c) - Pg 17 Strike out all of policy recommendation No 2 and replace with "Based on an analysis of the Planning Area's future local and export mineral resource needs, prime resource sites should be identified and protected from incompatible development " Same Section, last policy recommendation Replace "impacts" with "effects on surrounding areas " Section II, B (5) (a) - Pg 17 In finding No 2 change "an extreme" to "a significant " Same Section, Finding No 2 - Pg 18 Change "can" to "may" and strike "easily " Same Section, last paragraph - Pg 18 Change "threat" to "danger " Also, after "The New Hanover County Airport" add "and its approach patterns over populated areas " Section II, B (5) (c) - Pg 19 In first policy recommendation strike "no" and change "permitted" to "discouraged " Section II, C (2) - Pg 21 Change "insure" to "encourage " Section II, C (3) - Pg 21 In second policy recommendation put a period ( ) after "avoided " Also, strike "and" and begin new sentence with "The development of Also, put comma (,) after "parks " Same Section - Pg 22 Change policy recommendation No 10 to read "Housing market information will be provided to the real estate industry to assist in meeting consumers' housing needs, both numbers and types ~~ Section II, D (3) - Pg Z3 In policy recommendation No 3 strike "Outer Loop", add "or route" between "highway" and "shall", and change "minimal negative impact" to "least advezse effect" In policy recommendation No 5 put "In the future design of thoroughfares," at the beginning Section II, E (1) - Pg 24 In finding No 5 strike the quo~ation marks, Strike "There is no" at beginning and begin new sentence with "Public", and, add "is inadequate" to the end Section II, F (3) - Pg 26 In third policy recommendation change "fiscal techniques" to "tax benefits " I INTRODUCTION A BACKGROUND The past decade has brought tremendous change to the citizens of Wilmington and the surrounding areas of New Hanover County Expanded economic development has produced more industries, more shopping facilities and more jobs It has also attracted large number of new families and has stemmed the flow of young people out of the county in search of jobs Equally important has been the change in the area's landscape i~;ew factories, new shopping centers, new apartment complexes, and new residen- tial subdivisions have gone hand-in-hand with the area's growth Much of this new development has taken place in formerly rural areas where the public was not prepared to service it, creating a demand for the investment of tax dollars for new services, such as water and sewer facilities, and for the expansion of existing services, such as police and fire protection In addition, factories, stores, and residences have been built in areas where the land is not really suited for intensive development This decade of change has brought with it concerns on the part of many residents These concerns are for threats to the quiet, rural life-style enjoyed by many residents, for environmental degradation resulting from unsound development practices, and perhaps most concretely, for rising tax bills which can be attributed, at least partially, to inefficient urban development In response to these concerns, the Wilmington-New Hanover Planning De- partment, a joint agency of city and county governments, began the preparation of a comprehensive plan in 1974 The basic purpose of this planning effort is to develop an effective growth management program which will permit continued expansion of the area's economy while minimizing the taxpayers' costs for services and preventing further damage to the area's environmental resources Concurrent with the initiation of this planning program, the North Carolina General Assembly enacted the Coastal Area Management Act of 1974 (CAMA) This legislation requires that local governments develop land use plans in accordance with specifications adopted by the Coastal Resources Commission, the organization having overall responsibility for implementing CAMA Therefore, the technical studies undertaken and issues addressed in the planning program have been strongly influenced by the Coastal Management legislation The planning program has been organized to include three phases Phase 1 -- Policies for Urban Growth and Development Addresses the basic questions of how much growth is desirable, where growth should occur, and what types of growth should be encouraged? Phase 2 -- Detailed Land Use Recommendations The outcome of this phase will be specific recommenda- tions on the location and proper interrelationships of major land uses Phase 3 -- Land Management Tools Develops recommenda- tions concerning the adoption of land management tools -- amending existing zoning ordinances and subdivision regulations, as well as new concepts B PHASE 1 RECOMMENDATIONS As stated in a growth policy report by the New Hanover County Environ- mental Impact Committee, "The freedom of an individual to use his land as he wishes has traditionally been cherished as an implicit value of American life However, as land becomes developed, indi- vidual freedoms .often conflict Protection of the private property rights of some often results in the restriction of the rights of other individuals and of the community as a whole There is a need for balancing private rights, the public interest and the natural capabilities of the land to set mutual goals These goals should protect what we most value in the environmental, cultural and aesthetic char- acteristics of the land while meeting the essential needs of the growing population for housing, transportation, recreation, industrial facilities and businesses " - 2 - The purpose of this report is to present the Planning Staff's policy recommendations which have grown out of the technical studies and the Public Participation Program which were undertaken in Phase 1 of the planning program Taken as a body, these recommendations define a need, suggest appropriate objectives for meeting that need, and recommend policies which are means of achieving these objectives Seven separate areas of policy have been addressed A Urban Growth B Environmental Quality C Land Us e D Transportation E Recreation and Open Space F Agriculture and Forestry G Historic and Archeological Sites These policies, when adopted by the Wilmington City Council and the New Hanover County Board of Commissioners, will provide a set of principles to guide decision-making at all levels of city and county government, whether these decisions relate to a petition for rezoning, the extension of water and sewer services, the location of a new school or some other question concerning growth and development in the Wilmington-New Hanover Planning Area - 3 - II POLICY RECOMMENDATIONS A Urban Growth The need for a formal policy regarding growth in the Wilmington-New Hanover Planning Area has been supported both by the technical studies undertaken by the planning staff and by the concerns expressed by the area's citizens through the Public Participation Program The area's recent growth has brought a degree of economic prosperity to many residents At the same time, however, the impact of this growth is a matter of concern to many citizens and public officials Growth and its attendant problems has had a detrimental effect on the area's natural resources, it has created extreme pressure on existing city and county services, as well as escalated demands for new services, and it has produced an unwanted change in the life-style of many residents 1 Findings The major findings which form the basis for the planning staff's recommended growth policy stem from the results of the staff's technical reports and the Planning Area's Public Participation Program a Population Growth Recent growth trends are expected to continue Increasing from a current level of approximately 94,000, the county's population will range between 123,000 and 151,000 by the year 2000 The most current information available indicates that the projected population level of 151,000 is most probable As in the recent past, it is expected that the bulk of this growth will take place in the suburban and rural parts of the Planning Area where services are poorly developed - 4 - b Income As measured by median income, the economic well-being of all Planning Area residents has improved significantly in recent years, however, there remains a gap between the incomes of local residents and .the incomes of other prosperous urban areas of North Carolina In spite of the Planning Area's economic gains, there also remains a substantial number of families which are economically disadvantaged These poor families are predominantly black, city residents, and a large percentage (45 percent) have female heads Studies of the local economy have shown that rising incomes are closely paralleled by an increase in the number of people employed in the manufacture of durable goods Durables employment is generally characterized by higher technical skill requirements, higher productivity, and higher wages Expansion in the number of jobs requiring high technical skills tends to have a significant positive impact throughout the economy by introducing a degree of upward mobility into the workforce Semi-skilled workers can move into higher paying skilled jobs, and the unemployed and under-employed can fill the jobs vacated by the semi-skilled Such a process, however, requires an open job market and innovations in vocational education programs A study of the area's economy indicates that the five economic sectors with the greatest impact on income at present are 1) chemicals 2) trade 3) transportation, communication, and utilities 4) metals 5) apparel These sectors should receive prime consideration in the Planning Area's economic development program - 5 - c Land Requirements A significant amount of land will be required to meet the needs of the Planning Area's projected growth It is estimated that, at the highest growth rate, 30 square miles of land will be required for residential, commercial, and industrial uses alone This estimate is expanded to allow for adequate choice and flexibility in site selection However, this land requirement can be accommodated on environmentally suited land Final estimates indicate that approximately 52 square miles of vacant land are suited for development (with proper improvements) Approxi- mately 58 percent of this reserve would be consumed by the "high" population projection, indicating that, even with a high growth rate, environmentally unsuited lands need not be developed d Urban Sprawl Experience in New Hanover County, as well as other areas, indicates that, if left entirely to the direction of the free market, development would occur in a widely scattered, haphazard pattern Urban sprawl is costly to the taxpayers An analysis of growth alterna- tives for the Wilmington-New Hanover Planning Area indicates that the costs of providing basic services to a sprawling development pattern may be more than two-times greater than to a compact development pattern In some cases, sprawling development patterns may render the provision of needed services economically infeasible because overall development densi- ties are too low e Sewerage Services Engineering studies indicate that a centralized system for collecting, treating, and disposing of sewage is essential to alleviate existing septic tank problems and to prevent sewage problems generated by future development - 6 - It is estimated that there remains a maximum of 11,000 acres of undeveloped land which is suited for septic tanks within the Planning Area As a result of the existing proliferation of septic tanks in unsuited soils, 19 residential subdivisions currently experience septic tank problems Centralized sewerage facilities are expensive and normally they cannot be financed without federal and state assistance Combined {ederal/state aid can be as much as 87 5 percent of eligible sewerage costs, but only if guidelines are met The most relevant guidelines from the standpoint of growth policy are the following 1) Projects must be the most cost-effective alternative for meeting water quality goals, 2) Projects must be energy-efficient, and, 3) Projects must be environmentally sound These guidelines favor a compact development pattern, where practical f Loss of Farmland The loss of prime agriculture land to development is an important con- cern in the Planning Area Even though full-time employment in agriculture has declined for the past several years, it still represents a significant source of part-time employment for area residents In addition, through the Public Participation Program, area residents have expressed a strong desire to preserve agriculture as a way-of-life in New Hanover County g Capitalize on Existing Investments The multi-million dollar investments of New Hanover County and its municipalities in public improvements and of the private sector in existing buildings and other facilities are most readily optimized by encouraging compact development around existing developed areas - 7 - 2 Policy Objectives Based on these findings, the following policy objectives have b~~~~. defined for urban growth in the Wilmington-New Hanover Planning area 1) To increase the accessibility of all Planning Area residents to the basic economic goods and services--food, clothing, decent housing, health care, and recreation--as indicated by rising median incomes among all groups of the population 2) To enable the City of Wilmington and New Hanover County to deliver necessary basic urban services to urban development in the most cost-effective manner 3) To enable local governments and private interests to capitalize on existing investments in buildings and other facilities in the extension of services to presently unserved areas 4) To reduce any existing or potential tax inequities by insuring that taxes are proportional to the cost of services consumed S) To improve the Planning Area's long term energy efficiency particularly as it relates to service delivery and transportation 6) To improve the efficiency of land utilization and thereby reduce the development pressure on prime agricultural lands and environmentally sensitive areas 7) To reduce the uncertainty of the real estate market as it relates to the provision of public services and thereby to lend greater security to the long-term investments of property owners 3 Recommended Policies a Quantity Three major considerations shall be used as guidelines for decisions which have the effect of altering the Planning Area's rate of growth 1) the impact of growth on the economic well-being of the Planning Area's residents, 2) the financial capability of local government to provide services to new residents, and, - 8 - 3) the impact of growth on the Planning Area's quality of life b Quality In order to insure that the residents of the Wilmington-New Hanover Planning Area receive the greatest benefits from economic expansion, economic development programs shall be encouraged to give priority to industries and establishments which have the effect of diversifying the local economy, which require a more highly skilled labor force, and which have the overall effect of increasing the area's median income c Distribution Future urban development (consisting of all residential subdivisions having a density of two (2) dwelling units per acre or greater, commercial establishments having a net usable area of 5,000 square feet or more, and industries employing more than 25 workers) shall be contained within the geographical limits of a defined, but flexible, Urban Services Area The purpose of the Urban Services Area is to encourage a compact development pattern and to permit delivery of basic urban services--sewerage, water facilities, and police and fire protection--efficiently and effectively d Factors of Urban Services Area Delineation In drawing the initial boundaries of the Urban Services Area, the following factors shall be considered 1) projected land use needs (10 years), 2) the location and supply of land which is environmentally suited for development, 3) a long-range service delivery plan (12 years) which specifies` expected service needs, expected service costs, and the approximate revenues which will be available to fund public services, - 9 - 4) the need for cooperation with governments outside the Planning Area in meeting mutual service needs, and, 5) existing critical needs related to the health and/or safety of Planning Area residents e Initial Priority of Service Delivery In the development of new services and the expansion of eisting services, areas which are currently developed at urban densi*ies but not serviced shall receive priority f Land Use Plan Outside Urban Services Boundaries In the development of detailed land use plans, the area outside the urban services boundary shall be maintained by low-density residential areas, rural communities, open space lands, farms, and other uses compatible with the intent of the urban growth policy g Expansion of Urban Services Boundary When there is a demonstrated need and a positive cost-revenue ratio can be shown, the boundary of the Urban Services Area shall be expanded, using the same criteria as outlined above In any case the extent of the Urban Services Area shall be reviewed at least once every five years When the boundary is extended, land use plans for the expansion area shall be revised h Urban Development Outside Urban Services Boundaric Urban level development shall be permitted outside the Urban Services Boundary only in such cases where the developer agrees to reimburse local governments for the full cost of extending basic services or the developer agrees to provide services in compliance with standards set by local governments i Real Property Appraisal As provided for in the North Carolina Machinery Act, the differing - 10 - development potentials of land lying within and outside the Urban Services Area shall be fairly reflected in the property appraisal for tax purposes B ENVIRONMENTAL QUALITY 1 Surface Water Quality a Findings Surface water is, perhaps, the Wilmington-New Hanover Planning Area's most important natural resource Under North Carolina General Statute 113-229(ri)(2), virtually all of the waters of New Hanover County are classified as estuarine waters Estuaries are highly productive natural environments, having value for almost everyone Some of the values are reflected simply in the richness of the life-style enjoyed by residents of the Planning Area Estuarine waters are a major aesthetic attraction and a recreational outlet for large numbers of residents The estuary's value is also reflected in the market place Species which are dependent upon the estuary during part or all of their life cycle--menhaden, shrimp, flounder, oysters, and crabs--makeup over 90 percent of the total value of North Carolina's commercial catch Thus, maintenance of these estuarine waters in the best possible condition is essential for protecting the value of the area's residents, yet according to information contained in a draft of the Greater Wilmington 201 Facilities Plan, 4 the water quality picture in all of New Hanover County is rather poor The North Carolina Division of Environmental Management considers the following stream segments to be below desirable water quality standards 1) Smiths Creek from Burnt Mill Creek to the Northeast Cape Fear Rive, 2) The Mouth of Bradley Creek, and, 3) The sound waters in the vicinity of Wrightsville Beach - 11 - From the standpoint of shellfishing where standards are more stringent, the water quality problem is more extensive According to the North Carolina Shellfish Sanitation Program, most of the creeks in the eastern segment of New Hanover County, most of the sound waters in and around Wrightsville Beach, a large portion of Myrtle Grove Sound, Snows Cut, and the lower Cape Fear River Estuary are closed to shellfishing The Planning Area's water quality problems can be attributed to several sources--the discharges from municipal waste treatment plants, the discharges from private waste treatment plants, industrial discharges, urban runoff, agricultural runoff, and malfunctioning septic tanks b Policy Objective Based on these findings, the following policy objective has been defined for surface water quality in the Wilmington-New Hanover Planning Area Preserve and enhance the quality of the Planning Area's surface waters to increase and perpetuate their value--biological, economic, recreational, and aesthetic--to the residents of the area c Recommended Policies The following policies are recommended in order to achieve the objectives concerning the preservation and enhancement of the quality of the Planning Area's surface waters 1) The quality and quantity of runoff from urban development and agricultural activities entering the estuarine waters of the Planning Area shall be as near to a natural condition as possible To this end a) The system of land drainage shall be maintained as near to natural patterns as possible, b) During the site development process, the maximum possible amount of suit- able vegetation shall be maintained intact, - 12 - c) A suitable natural or vegetated buffer shall be maintained between drainage ways and development activites, unless it is clearly demonstrated to be infeasible, and, d) Evaluate the implementation of the New Hanover County Soil Erosion and Sedi- mentation Control Ordinance to insure that its objectives are being met 2) Where soil conditions require lowering of the water table to permit development, it must be clearly shown that the artificial land drainage will not seriously affect the quality and salinity of estuarine waters 3) In the development of centralized sewage collection and treatment facilities, priority will be given to those areas experiencing chronic septic tank failures, areas where septic tanks have been placed in unsuited soils, and to developments currently discharging sewage effluent into the marshes and estuaries in the eastern and southern portions of the Planning Area 4) To upgrade the quality of the surface waters of the Planning Area every feasible action will be taken to improve the quality of existing municipal sewage dis- charges and where possible to eliminate these discharges 5) No new sewage discharges shall be permitted in the marshes and estuaries of the eastern and southern portions of the Planning Area 6) Urban type development in areas where septic tanks are expected to malfunction will be prohibited until such times as centralized sewer services are available Where septic tanks are permissible, no part of the system shall be any closer than 100 feet from drainage- ways, streams, ponds, and estuarine waters 2 Ground Water Quality a Findings A majority of families and a significant number of industries in New Hanover County are presently dependent upon ground water Outside of the City of Wilmington, all water Whether from individual wells or private systems, comes from groundwater - 13 - While the quantity of groundwater is at this time adequate, in many instances it is not of the best quality and generally presents problems for use as a domestic supply because of iron hardness, corrosiveness, or chloride content In addition, there is the potential for salt water intrusion due to the increased pumping demands of a growing population These existing and potential ground water quality problems are complicated by the county's poor soils and the urbanization currently taking place in the unincorporated areas More people bring more septic tanks and the prolif- eration of septic tanks increase the threat of ground water pollution in many areas Engineering studies have concluded that a county-wide water treatment and distribution system is needed to meet the needs of the Planning Area's projected growth however such a system is only in the early planning stages, and its implementation is a number of years away In the interim, the county's ground water supply must be carefully managed to insure adequate quality and quantity Ground water supplies are replenished from several sources, however from the standpoint of local ground water management, aquifer recharge areas are the most important sources of replenishment Precipitation and surface water move into the ground water supply in these areas The rate of recharge as well as the quality of water entering the underground supply is substan- Bally impacted by the type of development and land uses permitted in major aquifer recharge areas b Policy Objective Based on these findings, the following policy objective has been defined for ground water quality in the Wilmington-New Hanover Planning Area To insure the long-term .maintenance and improvement of the quantity and quality of the Planning Area's ground water supply - 14 - c Recommended Policies In order to achieve the objective of long-term maintenance and improve- ment of the Planning Area's ground water supply the following policies are recommended 1) The further use of septic tanks for sewage disposal in the Planning Area's primary aquifer recharge areas will be prohibited, unless it is clearly demonstrated that the use of septic systems will not lower the quality of ground water resources 2) The introduction of untreated industrial wastes into the ground water shall be prohibited 3) In primary recharge areas, developers shall be encouraged to minimize impervious surface areas to permit maximum infiltration and ground water recharge 4) Where artificial drainage to lower the water table is required to permit development such drainage shall not have a significant impact on the ground water supply 3 Wetlands a Findings The wetlands of New Hanover County consist of low salt marsh, high salt marsh, brackish marsh, and riverine wooded swamps These are the most productive of the county's natural resources, performing several vital functions, including the following regulation of the quality and quantity of runoff water entering the estuary, provision of a vital habitat for wild- life and waterfowl, provision of the basic nutrients for the estuarine food web (90 percent of the total North Carolina commercial catch are estuarine dependent species), and provision of an aesthetic attraction b Policy Objective Based on the findings of the environmental analysis the following objective has been defined for the Planning Area's wetlands - 15 - To preserve and manage the Planning Area`s wetlands in order to safeguard and perpetuate their biological, economic, and aesthetic values c Recommended Policies In order to achieve the objective of preservation and management of the Planning Area's wetlands the following policies are recommended 1) No development or activity will be permitted r n area of low tidal marsh which would have the eiit~~t of damaging or altering the natural function; of r_he marsh 2) High salt marshes, brackish marshes, and riverin~ wooded swamps will be developed only for uses wt: ch require water access 3) The vital functions of the high marshes, brae n marshes, and riverine wooded swamps must be a~: omo- dated in the site planning process for all permitted uses 4 Mineral Resources a Findings New Hanover County contains two important mineral resources--sand and limestone According to the latest employment statistics, ind~.~striai activities based on these resources employed approximately ;_'`~J workers in 1974 In addition, in 1973 mineral production in the county was about 12 percent of the state's total b Policy Objective Based on the findings of the environmental analysis the following objective has been defined regarding the Planning Area`s mineral resources To recognize mineral deposits as non-renewable resources, to preserve sites where mineral extraction is economically feasible, and to minimize the impact of mineral extraction on other land uses - 16 - c Recommended Policies In order to achieve the objective defined for the Planning Area's mineral deposits the following policies are recommended 1) The cooperation of the state geologist will be sought to develop a more complete study of New Hanover County's sub-surface geology and to specifically identify prime mineral resource sites 2) A cost-benefit analysis will be undertaken for each of these sites to determine if the benefits of mineral extraction outweigh the cost of the extractive industry's impact 3) Where extractive activities are permitted land reclaimation will be required 4) Noise and dust, surface water pollution, and waste materials and spoils disposal must be controlled to minimize adverse impacts 5 Development on Upland Areas a Findings The upland areas of New Hanover County present both opportunities and limitations for urban development A study by the Wilmington-New Hanover Planning Department reveals four major elements of the natural environment having an impact on the suitability of the land for development These four elements are described as follows 1) Flood hazard areas Flaod waters represent a hazard to life and property when development takes place in flood prone areas, in addition, flood plain development may actually increase the severity of flooding by acting as a partial dam and by de- creasing the absorptive capacity of the flood plain soils 2) Ocean beach and frontal dune system Because they are subjected to flooding by diurnal tides and storm surges, tie ocean beaches present an extreme hazard to life and property The frontal dune system lying immediately landward of the ocean beaches constitutes the barrier island's major defense against storms The vegetation on the frontal dunes is essential for their continued - 1.7 - existence This vegetation can be easily destroyed by development, thereby reducing the island's defenses 3) Water table conditions High water table conditions increase development costs, if uncorrected may render yards and recreation areas unusable, and extensive artificial drainage to lower the water table may reduce recharge of aquifers and seriously affect the quality and salinity of estuarine waters 4) Load supporting capability The load supporting value of soils is an important variable in most types of development Failure to insure that subsoil condi= tions afford a suitable load-bearing capacity for a particular building, highway, or other structure can have serious consequences--foundation collapse, dif- ferential settling, rapid deterioration of roads, and perhaps damage to adjacent properties during the construction process In addition, man-made hazards have been identified as having limitations for development Like some natural phenomena certain types of development, such as airports and tank farms, have characteristics which constitute a threat to life and property in the surrounding areas Some of the major hazard areas are 1) The New Hanover County Airport 2) The bulk storage petroleum areas 3) The North Carolina State Port 4) The Sunny Point Ocean Terminal buffer zone area 5) The Love Grove industrial area b Policy Objectives Based on these findings the following objectives have been defined regarding development on the Wilmington-New Hanover Planning Area's upland areas 1) To minimize the impact of urban development on the Planning Area's natural and man-made environment 2) To minimize the risk to life and property from natural and man-made hazards - 18 - c Recommended Policies In order to achieve the objectives defined for development on the Planning Area's upland areas the following policies are recommended 1) All permanent development within the 100 year flood plain shall be carefully controlled, and no land uses except those unharmed by flooding or those inseparable from the flood plain will be permitted within the 50 year flood plain 2) With the exception of those uses which must be located there, all permanent development in the dynamic ocean beach-frontal dune area shall be prohibited Where development must take place in this area, sound engineering practices must be applied to minimize hazards from wind and water and to minimize construction damage to the frontal dune 3) Intensive development on wet soils will be dis- couraged, where wet soils are difficult or impossible to drain, urban-type development will be prohibited 4) Lowering the water table by artificial land drainage must not seriously affect the recharge of aquifers or the quality and salinity of the estuarine waters 5) Detailed site analysis shall be required in areas where soils are suspected of having in- adequate load bearing values, and safeguards will be required where appropriate 6) Man-made hazards shall be delineated and pre- cautions will be taken to insure that develop- ment within these zones is compatible with the associated dangers C LAND USE 1 Findings A survey and analysis of existing land use in the Wilmington-New Hanover Planning Area has revealed several key issues which must be addressed in the development policies adopted by local government These issues include the following - i9 - 1) The encroachment of incompatible land uses The encroachment of incompatible uses into residential, commercial, and industrial areas tends to reduce property values, reduce main- tenance, and to eventually result in property decline 2) Strip commercial development Strip commercial development is evident in several areas Such a development pattern is undesirable because it tends to encourage land speculation and inflated land values, resulting in a large amount of un- productive land, it depreciates the value of surrounding property for less intensive uses, and it tends to increase traffic volumes, often necessitating expensive street widenings 3) Over-zoning Over-zoning tends to encourage sprawling development patterns, it diminishes the potential that the most desirable commercial and industrial sites will be developed, and it removes land from other productive uses Over the next twenty-five years approximately 19,000 acres of land must be developed or redeveloped to meet the growing populations needs for homes, industries, and shopping facilities Without proper guidance this development will result in a continuation and worsening of the area's land use problems Therefore, we need to guide future development in a manner which will promote efficient land use patterns, which will permit utilization of the area's prime sites for residential, commercial, and industrial uses, which will prevent the occurrance of incompatible land uses, and, which will protect established neighborhoods 2 Policy Objectives Based on these findings the following objectives have been defined concerning land use in the Wilmington-New Hanover Planning Area 1) To provide adequate industrial space to meet the needs of existing and new establishments without sacrificing environmental quality 2) To provide adequate commercial space in appropriate locations to insure that commer- cial activities can be developed in a manner that will conveniently satisfy expanding consumer needs without detracting from existing or future residential areas - 20 - 3) To insure the constant availability of housing to all individuals and families which satisfies their tastes, is within their economic means, and is located in a quality living environment 3 Recommended Policies In order to achieve the defined objectives the following land use policies are recommended 1) Industrial development shall be encouraged on sites which are environmentally suited and which have unique locational advantages for industry 2) Industrial development shall be located in such a manner as to minimize the threat of environmental pollution and excessive traffic congestion To this end, over-concentration of industry in any area of the county will be avoided, and the development of industrial parks which decrease the cost of environmental protection facilities and which are more eff- icient land users will be encouraged 3) Climatic factors will be considered in the location of industries having the potential for odors or hazardous emmissions 4) The proper development of four major types of commercial areas will be encouraged a) neighborhood services areas b) community services areas c) regional service areas d) highway service areas 5) Unplanned commercial development along the Planning Area's streets and highways will be discouraged 6) Any future commercial development which sub- stantially increases traffic volumes on resi- dential streets will be prohibited 7) "Spot" commercial development and the general encroachment of commercial uses into residential areas will be prohibited 8) Recognizing that the existing housing stock is a major housing resource, sources of funds for housing rehabilitation will be identified and investigated and assistance will be provided to low and moderate income families in obtaining funds from appropriate sources - 21 - 9) The feasibility of developing and implementing a minimum housing code in areas not presently enforcing such a code will be studied w 10) A housing market analysis will be prepared and maintained to assist the real estate industry in meeting consumers' housing needs, both numbers and types 11) Residential areas shall be located in such a manner as to facilitate the delivery of required public services D TRANSPORTATION 1 Findings A cursory examination and analysis of the Planning Area's highway system indicates that, with the exception of U S 421, all of its major roads are carrying traffic volumes which are either at or near their design capacity The area's thoroughfare plan indicates that major upgradings of the existing traffic network and the addition of new major facilities will be required within the next 20 years The alternatives to vehicular transportation in the Planning Area are seriously limited The Wilmington Transit Authority operates a bus system with limited routes and schedules and is currently experiencing heavy losses There has been strong citizen opposition voiced toward some of the improvements and new facilities advocated by the Wilmington Area Thoroughfare Plan This opposition centers on concern for damage to the Planning Area's natural and man-made resources and the damage to viable residential areas 2 Policy Objectives Based on these findings the following objectives have been defined regarding transportation within the Planning Area - 22 - 1) To develop and maintain an efficient system for movement of people and goods within and throughout the area while minimizing the impact of transportation facilities on the living environment 2) To provide sufficient transportation alterna- tives to meet people's transportation needs 3 Recommended Policy In order to achieve these objectives the following policies are recommended 1) The development of coordinative plans for land, water, and air transportation will be supported 2) The maintenance and improvement of the county'a secondary road system will be supported 3) The development of an "Outer Loop" circumferential highway shall be supported while insuring that its design and alignment will have a minimal negative impact on the county's living environment 4) The integrity of all viable neighborhoods shall be considered in the thoroughfare planning and develop- ment process 5) Public facilities such as schools and parks will be protected from traffic hazards 6) Public access to public transportation on a county- wide basis, particularly for travel between home and employment, shall be improved 7) The development of safe and efficient bikeway facilities throughout the county shall be supported E RECREATION AND OPEN SPACE 1 Findings Wilmington and New Hanover County have recently completed a joint lannin ro ram for arks recreation and o en s ace Ma'or find in s P g P g P P P J g *Gardner Gidley and Associates, Parks and Recreation Master Plan, City of Wilmington and New Hanover County, North Carolina, March 15, 1976 - 23 - of this program are as follows 1) "There are no public swimming pools in the city or the county " 2) "Facilities are not equitably distributed, or, in some cases, adequate to meet current needs " 3) "Land currently used for recreation is inadequate in size, and, in some cases, poorly located " 4) "Little provision has been made for relatively simple outdoor recreation for which both national and local samplings indicate a strong preference - specifically bicycling, swimming, picnicking, nature activities, and fishing " 5) "There is no public access to major natural areas such as the Cape Fear River, the sounds, and the ocean beaches " 6) "Indoor recreation facilities are inadequate 11 7) "NQ major recreation activities are conducted outside the City of Wilmington, except for organized Little League programs and programs serving relatively small populations at Wrightsville Beach and Carolina Beach " 2 Policy Objectives Based on the study`s findings two objectives have been defined for recreation and open space 1) To provide full opportunity for all residents of the Planning Area to make constructive use of their leisure time 2) To conserve appropriate lands in a natural state to provide for passive uses, visual relief, scenic value, and to protect natural productive processes 3 Recommended Policies To achieve the defined objectives, the following policies are recommended 1) Every feasible action will be taken to insure implementation of the Master Parks and Recreation Plan 2) Support of state and federal agencies as well as private organizations will be sought to preserve 24 - a natural area along the Northeast Cape Fear River for the purposes of passive outdoor recreation and wildlife management 3) Efforts of the U S Army Corps of Engineers to secure a wildlife and open space corridor along the Northeast Cape Fear River in conjunction with the Wilmington Harbor Project will be supported, recognizing that this area has important natural resource values as well as being a potentially value amenity to the Wilmington urbanizing area 4) As development continues in the Planning Area adequate standards of open space for active and passive uses will be maintained 5) When feasible the open space system recom- mended for the City of Wilmington will be expanded throughour_ the Planning Area in order to preserve natural and cultural resources, to provide passive recreational experiences, and to shape urban growth F AGRICULTURE AND FORESTRY 1 Findings Through the Public Participation Program the citizens of New Hanover County, particularly in the more rural areas, have expressed concern over the loss of farms and woodlands to development These areas are important to the tradition and current life-style of many residents The county's growth has exerted considerable development pressure on farms and woodlands Although the decline in agriculture in New Hanover County has been related to many trends such as labor costs and capital costs, taxes have also played a significant role Present use valuations provide some needed relief, however, .it appears that a significant number of farmers do not fully understand this provision Urban sprawl also contributes to the loss of farms and woodlands The movement of urban development, such as residential subdivisions, shopping facilities, and industrial activities, into prime agricultural and woodlands - 25 - tends to attract more development resulting in a significant loss of agricultural lands 2 Policy Objective The following objective for the Planning Area's farms and woodlands has been defined To encourage the maintenance of agriculture and forestry as viable industries and to capitalize on farms and woodlands as an integral part of the county's open space system 3 Recommended Policies To achieve this objective the following policies are recommended 1) The preservation of prime farm and woodlands for continued agricultural uses will be encouraged 2) Land use controls which will facilitate the preservation of prime farm and woodlands will be developed 3) Available fiscal techniques which will further the objective of preservation of farms and woodlands will be identified and publicized G HISTORIC AND ARCHEOLOGICAL SITES 1 Findings The Wilmington-New Hanover Planning Area's archeological and historic resources are among its most fragile assets These resources are an essential part of the area's tradition, its heritage, and are an invaluable element of the quality of life afforded present residents In addition, these resources have an economic potential through tourism which is, as yet, unrealized Within the City of Wilmington two separate areas consisting of more than 200 block have been listed on the National Register of Historic Places and, - 26 - thereby, have been recognized as having historic and/or architectural significance However, only 38 blocks have been afforded the special protection of "historic district zoning" Outside the city there are also a number of scattered individual buildings and sites which are recognized as having historical significance A11 of the buildings are in private ownership and do not appear to be endangered However, no protection from incompatible development has been provided to these sites According to an Army Corps of Engineers inventory conducted in December of 1973 there are 16 known archeological sites within New Hanover County The exact location of these sites are considered confidential and are not normally released by the State Division of Archives and Histor; due to potential disturbance and destruction However, only in major projects using federal or state funds would the Divisions of Archives and History have an opportunity to review projects having a potential impact or arche- ological sites This lack of coordination could be problematic as it relates to local development activities and could result in the loss of archeological sites 2 Policy Objective From the findings the following objective concerning the Planning Area's historic and archeological sites has been defined To preserve and enhance the economic and cultural value of the Planning Area's historic resources for present and future residents 3 Recommended Policies To achieve the objective the following policies are recommended 1) A comprehensive preservation program consisting of advisory and counseling services, financial incentives, and investment as well as existing legal tools will be developed to support the preservation objective This program will be coordinated with and supportive of area-wide development plans - 27 - 2) Full development of the tourism potential of the area's historic resources will be en- couraged 3) Existing programs designed to promote rehabilitation and preservation of deteriorated neighborhoods and structures within the National Register Area will be reviewed and monitored Additionally, these programs will be updated, adjusted, and coordinated as the need arises 4) Better coordination between local governmen~f and the North Carolina Division of Archives and History will be sought in order to prevent the inadvertent loss of valuable archeological sites 5) The interdependence of the residential and commercial components of the Historic Area will be recognized and the compatibility of residential and commercial land use shall be promoted b) The role of the historically significant Central Business District in the urban environment shall be assessed, and programs will be developed and/or supported which focus on the preservation and improvement of the Central Business District as a viable downtown core - 28 -