2011-10-03 RM Exhibits i LewN T Y. Jonathan Barfield,Jr.
i "o NEW HANOVER COUNTY Chairman
Jason R.Thompson
c BOARD OF COMMISSIONERS Vice-Chairman
f z n Ted Davis,Jr.
< Commissioner
_ 230 Government Center Drive, Suite 175 Brian M.Berger
yC Commissioner
Z a2 Wilmington, NC 28403 Richard G.Catlin
(910) 798-7149 Commissioner
•/,, ���' (910)798-7145 Fax Exhibit
qA[MOO www.nhcgov.com Book x111 Page�:(gSheila
Clerk to L.
Boardt
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
t r
DECLARATION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES
WHEREAS, in connection with the purchase of a an Articulated Dump Truck for the Landfill,
the Board of Commissioners of New Hanover County DOES HEREBY DECLARE as follows:
1. This declaration of official intent is made pursuant to Section 1.150-2 of the Treasury
Regulations to expressly declare the official intent of the County to reimburse itself from the
proceeds of debt to be hereinafter incurred by the County for certain expenditures paid by the
County.
2. The County desires to expend its own funds for the purpose of paying certain costs of
acquiring an articulated dump truck to be used at the landfill by the County, for which
expenditures the County reasonably expects to reimburse itself from the proceeds of debt to be
incurred by the County.
3. $299,728 is the principal amount of debt expected to be incurred for the purpose of
paying the costs for the purchase of the articulated dump truck.
fl 4. This resolution shall take effect immediately upon its passage.
ADOPTED this the 3rd day of October, 2011.
t NEW H OVER COUNTY
Y' v
17 n Barfield,
o
ATTEST:
ti
�'��BLISHE�
Sheila L. Schult, Clerk to the Board
3
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Exhibit
AGENDA: October 3,2011 Book h ,i Vpage I,,„� b
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
s BY BUDGET AMENDMENT 12- 055
i
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-055 be made to the annual budget ordinance for the fiscal year
ending June 30,2012.
Section 1: Details of Budget Amendment
p Strategic Focus Area: Effective County Management
Strategic Objective(s): Increase efficiency/quality of key business processes j
r
Fund: Environmental Management 1
5
Department:Environmental Management/Landfill I
Ex enditure: Decrease Increase
Environmental Management/Landfill:
Capital Outla -E ui ment $299,728
i
Total $0 $299,728
Revenue: Decrease Increase
Environmental Management/Landfill:
Installment Loan Proceeds $299,728
Total $0 $299,728
4
Section 2: Explanation
This budget amendment is necessary to record the installment loan proceeds and associated expenditure to
purchase the articulated dump truck for landfill operations.The installment financing agreement will be
brought back at a later date for approval.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
County,North Carolina,that the Ordinance for Budget Amendment 12-055 ,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
ted,this 3rd day of October,2011.
� Ov N
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Jon Barfield,J
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Sheila L. chu t,Clerk to the Board
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GHSP-02-A
North Carolina Governor's Highway Safety Program
LOCAL GOVERNMENTAL RESOLUTION 6ohok%XIV_Pape 11
Form GHSP-02-A
(To be completed, attached to and become part of Form GHSP-02,Traffic Safety Project Contract.)
r WHEREAS, the New Hanover County Sheriff's Office (herein called the"Agency") I
i (The Applicant Agency)
has completed an application contract for traffic safety funding; and that New Hanover County Board of
Commissioners
(The Governing Body of the Agency)(herein called the "Governing Body') has thoroughly considered the problem
identified and has reviewed the project as described in the contract;
i
THEREFORE, NOW BE IT RESOLVED BY THE New Hanover County Board of Commissioners IN OPEN
(Governing Body)
MEETING ASSEMBLED IN THE CITY OF Wilmington, NORTH CAROLINA,
THIS DAY OF , 20 ,AS FOLLOWS:
1. That the project referenced above is in the best interest of the Governing Body and the general public; and
2. That New Hanover County Sheriffs Office is authorized to file, on behalf of the Governing
{ (Name and Title of Representative)
Body, an application contract in the form prescribed by the Governor's Highway Safety Program for federal
funding in the amount of$ 10,000 to be made to the Governing Body to assist in defraying
(Federal Dollar Request)
b
the cost of the project described in the contract application; and
3. That the Governing Body has formally appropriated the cash contribution of$0 as
(Local Cash Appropriation)
required by the project contract; and
4. That the Project Director designated in the application contract shall furnish or make arrangement for other
appropriate persons to furnish such information, data, documents and reports as required by the contract, if
3
approved, or as may be required by the Governor's Highway Safety Program; and
5. That certified copies of this resolution be included as part of the contract referenced above; and
6. That this resolution shall take effect immediately up is adoption.
DONE AND ORDERED in open meeting by
! i rson/Mayor)
0Vt4TY.
ATTESTED BY AL R>
y
C erk) 0 �
A
DATE
f�18Lis"
Rev.02/09
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Exh(bit
AGENDA: October 3,2011 Book X,',pages
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12 051
E
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-051 be made to the annual budget ordinance for the fiscal year j
ending June 30,2012.
Section 1: Details of Budget Amendment
a Strategic Focus Area: Intelligent Growth/Economic Development
{ Strategic Objective(s): Understand/act on citizen needs
Fund: General Fund
Department:Social Services/TANF-Domestic Violence and Child Day Care
" Ez enditure: Decrease Increase j
Social Services/TANF-Domestic Violence
r
Assistance Payments $3,183
Social Services/Child Day Care
Day Care Services $71,913
Total $71,913 $3,183
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Revenue: Decrease Increase
_ Social Services/Administration
DSS Admin 1571 Funds- State $3,183
Social Services/Child Day Care
g Office of Day Care-State $71,913
Total $71,913 $3,183
Section 2: Explanation
To adjust the FYI 1-12 budget for actual allocations received.DSS received an increase of$3,183 from the
state to provide assistance payments to TANF clients(Temporary Assistance for Needy Families)
experiencing domestic violence.No County matching funds are required.In addition,the state reduced the
allocation for state subsidized day care by$71,913.DSS does not anticipate needing to cut services to
existing clients.However,no new children will be pulled from the waiting list.As of 8/30/11 there were
798 children on the list.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
County,North Carolina,that the Ordinance for Budget Amendment 12-051,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
a
ovT4TYA ted,this 3rd day of October,2011.
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0 Jona K Barfield,J airm
j
hult,Cler o the Board
•�'�ASLISME�
ExhibR
Book X
t Page
AGENDA: October 3,2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12- 058
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-058 be made to the annual budget ordinance for the fiscal year
ending June 30,2012.
Section 1: Details of Budget Amendment
P f
Strategic Focus Area: Superior Public Health,Safety and Education
g
Strategic Objective(s): Increase public safety/crime prevention
Fund: Sheriff/JAG
Department: Sheriffs Office/JAG
Ex enditure: Decrease Increase
Sheriff/JAG:
Capital Outlay-Motor Vehicle $53,663
Total $0 $53,663
a
Revenue: Decrease Increase
Sheriff/JAG:
Grant-Federal-U.S.Dept of Justice $53,663
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Total $0 $53,663
Section 2: Explanation
To budget the 2011 U.S.Department of Justice,Edward Byrne Memorial Justice Assistance Grant(JAG)
award of$53,663.The City of Wilmington is the lead agency for this grant,which totaled$107,326.Both
the City and the County were awarded$53,663.The Sheriffs Office will purchase 2 new vehicles and 1
used vehicle with this allocation.The Board of County Commissioners approved applying for this
disparate agencies grant at their meeting on July 11,2011.There is no County match required.
s
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
County,North Carolina,that the Ordinance for Budget Amendment 12-058,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
E GOVrITY• d,this 3rd day of October,2011.
O L) (y
'v> 4, �a2 Jonath arfield,Jr.,
ST:
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Sheila L. Sc ult,Clerk to the Board j
Exhibit
Book Page I
AGENDA: October 3,2011
a NEW HANOVER COUNTY BOARD OF CONMUSSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12- 060
a
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BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, I
xthat the following Budget Amendment 12-060 be made to the annual budget ordinance for the fiscal year
ending June 30,2012. j
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Section 1: Details of Budget Amendment j
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' Strategic Focus Area: Superior Public Health,Safety and Education
s
Strategic Objective(s): Provide health/wellness education,programs, and services
4
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Fund: General
Department:Health/Safe Kids
Ex enditure: Decrease Increase
Health/Safe Kids:
Supplies w $300
Total $0 $300
Revenue: Decrease Increase
Health/Safe Kids:
Grant-Local Safe Kids Worldwide $300
k
x
Total $0 $300
s
Section 2: Explanation
The Health Department received a grant award of$300 from Safe Kids Worldwide for Child Passenger
Safety Week.This program promotes proper car seat use and provides education to the community.Funds
x will be used for educational materials and training associated with child passenger safety efforts.No
County matching funds are required.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
P P
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NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
County,North Carolina,that the Ordinance for Budget Amendment 12-060,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
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Adopted,this 3rd day of October,2011.
GO��1TY ^,O
AL
of
Jona field,Jr
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Sheila L. Schult,Clerk to the Board ;
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
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DOMESTIC VIOLENCE AWARENESS MONTH Exhibit f
PROCLAMATION Book XVIV Page 1.
WHEREAS, domestic violence transcends all ethnic, racial, gender, and socioeconomic `
boundaries,weakening the very core of our community; and
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WHEREAS, the effects of domestic violence are far-reaching and may cause families to seek
safe shelter, the criminal justice system to expend valuable resources, and families and friends to
grieve the loss of life; and
WHEREAS, 1,491 adults and children sought safe shelter or other direct services at Domestic
Violence Shelter and Services, Inc. in the year 2010; and
WHEREAS, Domestic Violence Shelter and Services, Inc. provides emergency support and
ongoing services in New Hanover County for victims and survivors of domestic abuse; and
WHEREAS, on September 4, 2002, Gladys Bryant, an employee of New Hanover County for
more than two decades, and on August 6, 2008, Tarica Pulliam, an employee of New Hanover
County for two years, lost their lives in acts of domestic violence exhibiting to all their
coworkers and friends, the prevalence of domestic violence and its consequences; and
WHEREAS, many other persons throughout New Hanover County and the United States find
themselves in abusive relationships and need to find a safe and empowering environment.
F
NOW, THEREFORE, BE IT PROCLAIMED, that the New Hanover County Board of f
Commissioners refuses to tolerate domestic violence in any form and wishes to create a society
that promotes strong values, fosters a safe and loving home environment for every family, and
encourages our citizens to enhance their efforts to work together to address the problem of
domestic violence.
E
BE IT FURTHER PROCLAIMED by the New Hanover County Board of Commissioners that
October 2011 be recognized as "Domestic Violence Awareness Month" in New Hanover s
County.
ADOPTED this the 3ra day of October, 2011.
NEW HANOVER COUNTY
JqO Klan Barfield r., Chai n
rl ATTEST:
Sheila L. Schult, Clerk to the Board
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s AN ORDINANCE OF THE COUNTY OF NEW HANOVf*ibk
AMENDING THE ZONING ORDINANCE OF Book X Page
x NEW HANOVER COUNTY,NORTH CAROLINA
f
ADOPTED OCTOBER 6, 1969,AND SUBSEQUENTLY AMENDED
i
A-391 (6/11) Part One
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as
amended be, and the same is hereby further amended to read as follows in the section(s) noted:
a
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Add to Article II, Section 23: Definitions
Electricity Generating Facility
A stand-alone plant not ancillary to another land use which generates electricity to be distributed
to consumers, including but not limited to fossil fuel burning facilities and wind power farms.
This definition shall not include electricity produced at or on an agricultural farm, residence,
i business, or other facility where use of the electricity so produced is limited primarily to on-site
consumption. Solar power farms are Electricity generating facilities; however, for purposes of
4 this ordinance they are considered a separate use in the Table of Permitted Uses.
a
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Fuel Bulk Storage Facilities
A facility whose primary purpose is the storage, distribution, mixing, or transfer of flammable or
a
combustible liquids, gases, or solids, received or transferred by truck, train, tank vessel,
pipelines, tank car, piping, portable tank or containers, or other method, including propane,
methane, ethanol, gasoline, kerosene, oil, coal, and other fuels. This definition shall not include
filling stations used solely for distribution to individual consumers; nor shall it include fuel
stored at or on an agricultural farm, residence, business, or other facility where use of the same is
limited primarily to on-site consumption.
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1 Manufacturing
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Artisan Manufacturing
On-site production of goods by hand manufacturing involving the use of hand tools and small-
scale light mechanical equipment. Typical uses include woodworking and cabinet shops,
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ceramic studios, jewelry manufacturing and similar types of arts and crafts or very small-scale
manufacturing uses that have very limited, if any, negative external impacts on surrounding
properties, water resources, air quality and/or public health.
1 Limited Manufacturing
Manufacturing of finished parts or products, primarily from previously prepared materials.
Typical uses include: printing and related support activities; machinery manufacturing: food
manufacturing; computer and electronic product manufacturing: electrical equipment, appliance,
j component manufacturing/assembly; furniture and related product manufacturing/assembly: and
other manufacturing and production establishments that typically have very limited. if any,
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A-391 Page 1 of 11
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negative external impacts on surrounding properties, water resources, air quality and/or public
General Manufacturing
Manufacturing, bulk storage, and/or handling of finished or unfinished products primarily from
extracted, raw, recycled, or secondary materials. Typical uses include textile mills; textile
product mills; apparel manufacturing; leather and allied product manufacturing; wood product
manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product
manufacturing; transportation equipment manufacturing; primary metal manufacturing; and
fabricated metal product manufacturing.
Industrial service firms engaged in the repair or servicing of industrial or commercial machinery,
equipment, products, or by-products. Typical uses include: welding shops; machine shops;
industrial tool repair; fuel oil distributors; solid fuel yards; and carpet cleaning plants. General
manufacturing facilities include those operations that do not have significant negative external
impacts on surrounding properties, water resources, air quality and/or public health.
Intensive Manufacturing
Manufacturing and processing of products and chemicals including but not limited to:
acetylene, lime, gypsum or plaster-of-Paris, stone, clay, glass, cement, concrete, chlorine,
corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer,
varnish, petroleum products, coal, plastic and synthetic resins, and radioactive materials. This
group also includes smelting, animal slaughtering, paper manufacturing, oil refining, fuel bulk
storage facilities, and electricity generating facilities, as well as any manufacturing or processing
facility which has a high potential for significant negative external impacts on surrounding
properties, water resources, air quality and/or public health.
Mining
(a) The breaking of the surface soil in order to facilitate or accomplish the extraction or
removal of mineral, ores, or other solid matter.
(b) Any activity or process constituting all or part of a process for the extraction or removal
of minerals, ores, soils, and other solid matter from their original location.
(c) The preparation, washing, cleaning, or other treatment of minerals, ores, or other solid
matter so as to make them suitable for commercial, industrial or construction use.
The definition applies regardless of whether the mining activity is for a commercial or
noncommercial purpose, and regardless of size of the affected area. Activities such as
vibracoring, box coring, surface grab sampling, and other drilling and sampling for geotechnical
testing, mineral resource investigations, or geological research are not considered mining.
Excavation of mineral resources associated with the construction or maintenance of an approved
navigation project in accordance with 15A NCAC 7B .0200 is not considered mining.
Environmental remediation or reclamation projects or the removal of material incidental to
excavation and carried out pursuant to an approved site plan (as specified in G.S. 74-49 (7)(d) of
the Mining Act of 1971) are exempt from this definition and shall be allowed in any zoning
district provided applicable state and local permits are acquired.
A-391 Page 2 of 11
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Add to Article VII, Section 72: Additional Restrictions Imposed on Certain Special Uses
Section 72-42 Mining
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Low Intensity Mining Operations
Low intensity mining operations shall be permitted in accordance with the use tables in Section
50-2, subject to the following:
(1) Class I Mining Operations may not occupy more than 20 acres.
(2) Soil or other unconsolidated material (i.e. sand, marl, rock, fossil deposits, peat, fill or
topsoil) may be removed for use off-site. However, no further on-site processing is
permitted (i.e. use of conveyor systems; screening machines; crushing; or other
mechanical equipment). Mining activities where other on-site processing activities
are conducted are considered Class 1I Mining Operations.
(3) The use of explosives is not permitted. 1
(4) All mining operations and their associated activities shall comply with the following
astandards when dewatering occurs:
a. Must be located a minimum of 100 feet from all property lines.
b. The depth of each excavation pit shall not exceed 35 feet.
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High Intensity Mining Operations
High intensity mining operations shall be permitted in accordance with the use tables in Section
50-2, subject to the following:
1 (1) The minimum lot size shall be one acre. i
(2) Soil or other unconsolidated material (i.e. sand, marl, rock, fossil deposits, peat, fill or
topsoil) may be removed for use off-site. Additional on-site processing shall be
r permitted (i.e. Use of conveyor systems; screening machines; crushing; or other
mechanical equipment).
(3) All mining operations and their associated activities shall comply with the following
k standards when dewatering occurs:
,s a. Must be located a minimum of 100 feet from all property lines.
(4) High Intensity Mining activities shall not be allowed in areas classified as aquifer
resource protection or watershed resource protection on the CAMA Land
a Classification Map.
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A-391 Page 3 of 11
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AMEND ARTICLE V, Table of Permitted Uses as follows:
R
O F
R R R R B B I I & A A S R M Supp NAICS
Permitted Uses PD 20S 20 15 10 1 2 1 2 I R I CIA I U Re s
Agriculture,Forestry,Fishing
Agricultural Uses P P P P P P P P P P P P P P
Kennels P S S S P P P S S
Veterinaries P P P P S P
Wholesale Nurseries&Greenhouses
(12/13/82) P P P P P P IP P P P P P P1 P1 I
Mining
1? 72-42 21
Mining&Quarrying (Low Intensity) S S
72-42 21
Mining& Qua ing(High Intensit ) S
Construction
General Building Contractor P P P P P
General Contractors Other Than
Building P P I P P
Landscaping Contractors 12/13/82 P P P P P
Special Trade Contractors P P P P P
Special Trade&General Contractors
with no Outside Storage 12/5/88 P P P
Manufacturing
Artisan Manufacturing P P I P I P P P S
Limited Manufacturing P S P P P
General-Manufacturing S P
Intensive Manufacturing S
Solar Power Farms P P
( 5) -
P -
lz - - - P P - - -
Cabinet&weedwef46fig shop
A-391 Page 4 of 11
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- ■a■a■a■eoe■e■e■�■■
- ■a■a■a■eoe■e■e■��■
- - - ■s■a�■a■eoe■e■e■�■■■
- = - oa■a■a■ooe■o■e■��
- = - - _ oa■a■a■ooe■o■e■�■�
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ti. Transportation,Communication, ■■■■■■■■■■■■■■■-_
Utilities
F Air Transportation �_■■■■■��■■�■■■_-
Substations Bus&Taxi Terminals(2/14/83)
Commercial Marina with Floating
Structures(4/2/84)
--warehouse As a stand-alone
Electric
R
O F
R R R R B B I I & A A S R M Supp NAICS
Permitted Uses PD 20S 20 15 10 1 . 2 , 1 2 1 R I C A U Re s
Section 68) 423140;
423130
Mini-Warehouses P P P P P
Motor Freight Transportation
Warehousing P P P P
Post Offices P P P P P P
Railroad Transportation P
Telephone&Telegraph Facilities P P P P P P P P P P P P PI P
TV&Radio Broadcasting P P P P
Warehousing P P P P P
Water Transportation Facilities P P P P
Other Communication Facilities
Including Towers 2/5/96 S S S S S S S P P S S S I S S
Antenna&Towers Less Than 70 Ft.
In Height&Ancillary to the Principal
Use 2/5/96 P P P P P P P P P P P P P P
Cellular&PCS Antennas(See
Section 69.17 P P P P P P P P P P P P P P
Amateur Radio Antennas(up to 90
ft.)(10/07 P P P P P P P P P P P P P P
Wholesale Trade
Livestock Sales P
Wholesaling P P P P
Wholesaling With No Outside
Storage 11/2/81 P P
Wholesaling Seafood With Water
Frontage P P P PI P
Retail Trade P P P P P
Automobile Service Station P P P P P P P
Automobile Dealers&Truck Sales P P P P P
Boat Dealers P P P P P
Building Material&Garden Supplies P P P P P
Convenience Food Store(7/5/85) P S S P P P P S S P S
Drug Store P P P P
Neighborhood Drug Store P
Eating and Drinking Places P P P P P P P
A-391 Page 6 of 11
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R R R R B B I I & A A S R M Supp NAILS
Permitted Uses PD 20S 20 15 10 1 2 1 2 I R I C, A U Re s
Entertainment Establishments,Bars,
Cabarets,Discos P S P P
Entertainment Establishments,Bars,
Cabarets,in a Shopping Center P I P P P
Farm Implement Sales P P P P
Food Stores P P P P
Fruit&Vegetable Stand Produced on
Same Parcel as Offered for Sale P P P P P P P P
Furniture,Home Furnishing&
Equipment P P P P P
General Merchandise Stores P P P PI I
Handcrafting Small Articles P P P P
Hardware P P P P
Landscaping Service P P P
Miscellaneous Retail P P P P
Mobile Home Dealers&
Prefabricated Buildings 5/6/85 P P P P
Retail Nurseries 12/13/82 P P P P I S P
Historic Restaurant P S P P 1P P
Financing,Insurance,Real Estate
Banks,Credit Agencies, Savings&
Loans P P P P P P
Services
Adult Entertainment Establishments I S
Automobile/Boat Repair Sales P P P PI P
Automobile Rentals P P P
Barber/Beauty Shop(10/90,
7/10/06) P I P IP IP P P
Bed and Breakfast Inn(6/5/06) S S S S S
Business Services Including Printing P P P P P P
Camping,Travel Trailer Parks
(2/14/83) P S S S S P S
Drive-In Theater P P
Dry Cleaning/Laundry Plant P P P P P
Electrical Repair Shop P P P
Equipment Rental&Leasing P 2p+p-
P P
A-391 Page 7 of 11
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R R R R B B I I & A A S R M Supp NAICS
Permitted Uses PD 20S 20 15 10 1 2 1 2 , 1 R I C A U Re s
Funeral Home P P P P
Golf Courses P P P P P P P
Hotels&Motels 12/13/82 P P P P
Indoor&Outdoor Recreation
Establishments(2/14/82, 8/16,04) P S S S S P P P P S S S PI S
Indoor Theater(2/14/83) P P P
Outdoor Shooting Ranges(2/7/83) S S
Parks&Recreation Area(4/2/07) P P P P P P P P P P P P P P
Personal Services P P P P
Resort Hotel/Motel 1/4/83 P P P P
Stables 3/2/81 P P P P P P P P P
Septic Tank Vacuum Service P P P P 562991
Watch,Clock,Jewelry Repair P P P P
Health
Adult Day Care P S S S S P S
Children's Day Care 12/13/82 P S S S S P P S S P S
Community Center P S S S S P S
Hospitals P S S S S P S
Nursing Home/Rehabilitation Center
(11/10/08) P S S S S P S
Residential Care(9/8/81) P P P P P P P P
Educational Services
Colleges,Universities,Professional
Schools&Technical Institutions P S S S S P S
Elementary&Secondary Schools P P P P P P P
Libraries P P P P P P P P P P P
Museums(5/2/83) P P P P P
Membership Organizations
Churches P P P P P P P P P P P P P P
Labor Organizations P P P P
Lodges,Fraternal& Social
Organizations(5/2/83) P S S S S P P P S S
Fraternities/Sororities,Residential P P P
A-391 Page 8 of 11
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R R R R B B I I & A A S R M Supp NAICS
Permitted Uses PD 20S 20 1 15 10 1 2 1 2 I R I C1 A U Re s
Other
Accessory Buildings or Uses, clearly
incidental to the Permitted Use or
Building(see Section 62) P P P P P P P P P P P I PI P
Cemeteries S S S S S S S
Christmas Tree Sales 7/6/92 P P P P P P P P
Circuses,Carnivals,Fairs& Side
Shows of No More than 30 Days
Duration Per Year P P P P P P
Community Boating Facility(8/6/92) S S S S S S S
Private Residential Boating Facility
9/19/92 P P P P P P P
Demolition-Landscape Landfill P P P P P P P P IP P P P P P 69.10 562219
Duplexes P S P S
Dwelling Unit Contained within
Principal Use(4/85) P S S S S I S
Electronic Gaming Operations
(5/3/10)(see section 69.19) S S
Evangelistic and Religious
Assemblies not Conducted at a
Church 7/6/92 P P P P P P P P P IP P I P P P
Government Offices&Buildings P S S S S P IP IP PIP I P P I P S
High Density Development(3/22/82)
Permitted only within Urban
Transition Area(2/16/87, 10/11/95) P S S S S
Home Occupation P P P P P P P
Mobile Home S P P S S P S
Mobile Home,Doublewide(6/7/82) P P P P S S P P
Mobile Home Park(Density shall not
exceed 2.5 Units Beyond Urban
Transition area)(2/16/87, 10/11/95) P S S S
Mobile Home Subdivision(6/1/92) S S S S S
Offices for Private Business&
Professional Activities P P P P P P P P
Outdoor Advertising P P P
Outdoor Bazaars excluding Yard
Sales(7/6/92) P P P P P P P P P P P P P1 P
Pumpkin Sales(7/6/92) P P I P PI P P P P j
Principal Use Sign P I P I P P P P P P
Research Facilities P P P P P
•S
A-391 Page 9 of 11
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R R R R B B I I & A A S R M Supp NAICS
Permitted Uses PD 20S 20 15 10 1 2 1 2 I R I C A U Re s
Residential Private Pier P P P P P P
Sanitary Landfill S 72-13 562212
Septage, Sludge Disposal (7/6/83, 69.5 221320
8/1/83) S 72-33
S xua6c Disposal(7/642, 8443)
Seetion 6"
- - - - -
Senior Living: Active adult
retirement community or Independent
Living(11/10/08) S S S S
Senior Living: Assisted Living or
Personal Care Facility(11/10/08) S S S S S S
Senior Living: Continuing Care
Retirement Community or Life Care
Community 11/10/08 P S S S S S
Single Family Dwelling P P P P P S S P P P P
Single Family Dwelling-Attached
(1/4/82) P P P P S S P
Special Fund Raising for Non-Profit
Organizations 7/6/92 P P P P P P P P P P P P P P
Temporary Sign P P P P P P P P P P P P P1 P
Recycling Facilities: 1/3/89
Small Collection P S S S I S P P P P S S P P 69.13 562920
Large Collection P S S S S S P P P S S P S 69.13 562920
Processing P P S 69.13 562920
69.13 562920
Large Collection with Processing S S S S
Section 2. Any ordinance or any 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 accordance with NCGS 153A-341 and the board of
commissioners has found the amendment consistent with the policies adopted in the 2006 land
use plan and reasonable and in the public interest.
Section 4. 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.
A-391 Page 10 of 11
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Adopted the 3rd day of October, 2011.
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�Q Rey Jo an B ,'Chairman
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Sheila L. Schult, Clerk to the Board
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A-391 Page 11 of 11
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Book Exhibit
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��Pale 17 S. b
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING ORDINANCE OF
g NEW HANOVER COUNTY,NORTH CAROLINA
ADOPTED OCTOBER 6, 1969,AND SUBSEQUENTLY AMENDED
A-391 (6/11) Part Two
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
z Section 1. The Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as
F amended be, and the same is hereby further amended to read as follows in the section(s)noted:
f Section 56: 1-1 Light Industrial
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{ 56.1: The I-1 zoning district is established to preserve land within the County for light
industrial uses and associated operations, including assembly, fabrication, packaging and
transport, where operations are conducted primarily indoors and where suitable sites are
served by rail, waterway, highway transportation systems as well as readily available utilities.
Heavy industrial uses in which raw materials are converted into products for subsequent
assembly or fabrication or where uses create an excessive amount of noise, odor, smoke, dust,
air borne debris or other objectionable characteristics which might be detrimental to
surrounding areas are not appropriate in this district. Within the I-1 district, all operations
conducted and all materials used or held in storage shall be contained within enclosed
buildings, solid wall, fence or planting of such nature and height as to conceal such operation
or materials from view from any roadway or adjacent properties. No I-1 district shall be less
than five(5) acres in area.
x 56.2 Deleted (1/5/81)
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56.3 Deleted (1/5/81)
56.4: Dimensional Requirements:
r
(1) Minimum Lot Area-None
(2) Minimum Front Yard- 50 feet
(3) Minimum side and rear yards for property abutting residential districts shall be
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calculated in accordance with Section 69.11.
(4) Maximum building height:
T i
Forty (40) feet except for buildings located within the Urban Transition Area and
fronting along a Collector, Minor Arterial, or Principal Arterial as indicated on the
Wilmington Metropolitan Planning Organization's most current Roadway
A-391 Page 1 of 7
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Functional Classification Map, may exceed forty (40) feet provided their FAR
does not exceed 1.0. (2/7/83)
56.5: Parking: Parking and loading shall be provided in accordance with the provisions of
Article VIII.
56.6: Signs: Signs shall be in accordance with Article IX.
56.7 DELETED (3/9/88)
56.8: Existing Industrial Uses:
These standards and any requirement for a special use permit shall apply to all new proposals
in I-1 districts as shown on the Table of Permitted Uses. The term "existing industrial uses"
shall mean industries in active operation and open for business on a tax parcel zoned I-1 and
developed for that particular use as of the day prior to the date of adoption of this section.
Any existing industrial uses which did not require a special use permit as of the day prior to
the date of adoption of this section would be considered a conforming use and shall not
require a special use permit in order to continue operations.
56.8.1: Modifications and/or Expansions of Existing Industrial Uses: For
modifications and/or expansions of existing industrial uses whose site conditions were in
conformity with the requirements of this ordinance as of the day prior to the date of
adoption, the following conditions must be met. If these conditions are not met, or if the
existing industrial use is classified within the Intensive Manufacturing category, and the
modification and/or expansion changes the particular use within that category, a special
use permit will be required for the modification and/or expansion.
A. Modifications and/or Expansions on the Same Parcel: Modifications
and/or expansions of existing industrial uses shall be allowed if fully
contained on the tax parcel currently developed for and operating as such use
and provided the following:
1. If the expansion and/or modification is for the same existing
industrial use that was in active operation and open for business as
of the day prior to the date of adoption of this section.
2. If the expansion and/or modification is for a less intensive
industrial use than was in active operation and open for business as
of the day prior to the date of adoption of this section. (Ex. An
existing Intensive Manufacturing use could transition to a use in
the Artisan, Limited or General Manufacturing category).
3. If the existing industrial use is classified within the General,
Limited or Artisan Manufacturing categories, the use may expand
and/or modify to a different use within that same category.
A-391 Page 2 of 7
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B. Modifications and/or Expansions onto Adjacent or Contiguous Parcels:
Modifications and/or expansions of existing industrial uses shall be allowed on j
tax parcels adjacent or contiguous (excluding rights of way) to the current use, if
properly zoned, and held in the same ownership as on the day prior to the date of
adoption of this section (including successor ownership) and provided the
following:
1. If the expansion and/or modification is for the same existing
g i
industrial use that was in active operation and open for business as
of the day prior to the date of adoption of this section. j
` 2. If the expansion and/or modification is for a less intensive
industrial use than was operating as of the day prior to the date of
adoption of this section. (Ex. An existing Intensive Manufacturing
use could transition to a use in the Artisan, Limited or General
Manufacturing category).
3. If the existing industrial use is classified within the General,
d
Limited or Artisan Manufacturing categories, the use may expand {
and/or modify to a different use within that same category.
3
Section 57: I-2 Heaw Industrial
57.1: The I-2 zoning district is established to set aside areas of the County for a full range of
manufacturing, fabrication, assembly, warehousing, and distribution uses associated with
heavy industrial land uses where heavy industry can find suitable sites served by rail,
3 waterway and highway transportation. The district is also established to subsequently protect
nonindustrial districts situated outside the district and minimize environmental impacts
E caused by the uses within the district. Outdoor operations and storage are appropriate for this
district provided that the district standards are met. Certain uses within the 1-2 district shall
require a special use permit as specified in the Table of Permitted Uses. No I-2 District shall
be less than five (5) acres in area.
57.2 DELETED (1/5/81)
57.3 DELETED (1/5/81)
;t 57.4: Dimensional Requirements:
(1) Minimum lot area-None
(2) Minimum front yard building setback-50 feet
(3) Minimum side and rear yard building setbacks for property abutting residential
shall be calculated in accordance with Section 69.11.
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# A-391 Page 3 of 7 j
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(4) Buffers must be established between 1-2 and adjacent, non-industrial uses, in
accordance with Section 67B-4 of this ordinance.
57.4.1: Review of external effects. All uses in the I-2 zoning district must operate in
compliance with current standards for sound, vibration, heat discharge, glare, odor, air
quality and water quality, as applicable under federal, state, and local regulations. For
uses that require a Special Use Permit, a non-binding narrative must accompany the
application that shall include a disclosure of the projected external impacts of the project,
including information about anticipated federal and/or state permits that will be required.
Section 71 further describes the special use permit approval process. The County may
require additional information deemed reasonable to assess the impacts and effects of a
project on a community including plans, specifications, and other information deemed
necessary to determine compliance with the review criteria. Federal, State and /or local
environmental agencies may be consulted to advise the Planning and Inspections
Department on applications for Special Use Permits.
57.5: Parking—Parking and loading shall be provided in accordance with the provisions of
Article VIII.
57.6: Signs—Signs shall be in accordance with Article IX.
57.7: DELETED (3/9/88)
57.8: Existing Industrial Uses:
These standards and any requirement for a special use permit shall apply to all new proposals
in I-2 districts as shown on the Table of Permitted Uses. The term "existing industrial uses"
shall mean industries in active operation and open for business on a tax parcel zoned 1-2 and
developed for that particular use as of the day prior to the date of adoption of this section.
Any existing industrial uses which did not require a special use permit as of the day prior to
the date of adoption of this section would be considered a conforming use and shall not
require a special use permit in order to continue operations.
57.8.1: Modifications and/or Expansions of Existing Industrial Uses: For
modifications and/or expansions of existing industrial uses whose site conditions were in
conformity with the requirements of this ordinance as of the day prior to the date of
adoption, the following conditions must be met. If these conditions are not met, or if the
existing industrial use is classified within the Intensive Manufacturing category, and the
modification and/or expansion changes the particular use within that category, a special
use permit will be required for the modification and/or expansion.
A. Modifications and/or Expansions on the Same Parcel: Modifications
and/or expansions of existing industrial uses shall be allowed if fully contained on
the tax parcel currently developed for and operating as such use and provided the
following:
A-391 Page 4 of 7
1. If the expansion and/or modification is for the same existing
industrial use that was in active operation and open for business as
of the day prior to the date of adoption of this section.
a
2. If the expansion and/or modification is for a less intensive
industrial use than was in active operation and open for business as
of the day prior to the date of adoption of this section. (Ex. An
existing Intensive Manufacturing use could transition to a use in
the Artisan, Limited or General Manufacturing category).
3. If the existing industrial use is classified within the General,
Limited or Artisan Manufacturing categories, the use may expand
and/or modify to a different use within that same category.
B. Modifications and/or Expansions onto Adjacent or Contiguous Parcels:
Modifications and/or expansions of existing industrial uses shall be allowed on tax
parcels adjacent or contiguous (excluding rights of way) to the current use, if properly i
zoned, and held in the same ownership as on the day prior to the date of adoption of this s
section(including successor ownership) and provided the following: !
a,
1. If the expansion and/or modification is for the same existing I
industrial use that was in active operation and open for business as
of the day prior to the date of adoption of this section.
2. If the expansion and/or modification is for a less intensive 1
industrial use than was in active operation and open for business as
of the day prior to the date of adoption of this section. (Ex. An !
existing Intensive Manufacturing use could transition to a use -in
a
the Artisan, Limited or General Manufacturing category).
3. If the existing industrial use is classified within the General,
Limited or Artisan Manufacturing categories, the use may expand
and/or modify to a different use within that same category.
ADD NEW SECTION to Article IV NON-CONFORMING SITUATIONS 1
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Sec. 44-1.1: The standards outlined in Sections 56 and 57 of this ordinance, and any
requirement for a special use permit shall apply to all new proposals in I-1 and I-2 districts as
shown on the Table of Permitted Uses. Any existing industrial uses which did not require a
special use permit as of the day prior to the date of adoption of this section would be
considered a conforming use and shall not require a special use permit in order to continue
operations. The term "existing industrial uses" shall mean industries in active operation and
open for business on a tax parcel zoned I-1 or I-2 and developed for that particular use as of
the day prior to the date of adoption of this section. !
3
,a A-391 Page 5 of 7
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44-1.1.1: Modifications and/or Expansions of Existing Industrial Uses: For
modifications and/or expansions of existing industrial uses whose site conditions were in
conformity with the requirements of this ordinance as of the day prior to the date of
adoption, the following conditions must be met. If these conditions are not met, or if the
existing industrial use is classified within the Intensive Manufacturing category, and the
modification and/or expansion changes the particular use within that category, a special
use permit will be required for the modification and/or expansion.
A. Modifications and/or Expansions on the Same Parcel: Modifications
and/or expansions of existing industrial uses shall be allowed if fully contained on
the tax parcel currently developed for and operating as such use and provided the
following:
1. If the expansion and/or modification is for the same existing
industrial use that was in active operation and open for business as
of the day prior to the date of adoption of this section.
2. If the expansion and/or modification is for a less intensive
industrial use than was in active operation and open for business as
of the day prior to the date of adoption of this section. (Ex. An
existing Intensive Manufacturing use could transition to a use in
the Artisan, Limited or General Manufacturing category).
3. If the existing industrial use is classified within the General,
Limited or Artisan Manufacturing categories, the use may expand
and/or modify to a different use within that same category.
B. Modifications and/or Expansions onto Adjacent or Contiguous Parcels:
Modifications and/or expansions of existing industrial uses shall be allowed on
tax parcels adjacent or contiguous (excluding rights of way) to the current use, if
properly zoned, and held in the same ownership as on the date of adoption of this
section(including successor ownership) and provided the following:
1. If the expansion and/or modification is for the same existing
industrial use that was in active operation and open for business as
of the day prior to the date of adoption of this section.
2. If the expansion and/or modification is for a less intensive
industrial use than was in active operation and open for business as
of the day prior to the date of adoption of this section. (Ex. An
existing Intensive Manufacturing use could transition to a use in
the Artisan, Limited or General Manufacturing category).
3. If the existing industrial use is classified within the General,
Limited or Artisan Manufacturing categories, the use may expand
and/or modify to a different use within that same category.
A-391 Page 6 of 7
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Section 2. Any ordinance or any 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 accordance with NCGS 153A-341 and the board of
x commissioners has found the amendment consistent with the policies adopted in the 2006 land
use plan and reasonable and in the public interest.
Section 4. 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 the 3rd day of October, 2011.
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GOVN Y•do athan B eld r., Chairman
O P i
Attest:
Sheila L. Schult, Clerk to the Board
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A-391 Page 7 of 7
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