2012-12-17 RM Exhibits M
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NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
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Oath of Office j
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1, Thomas Wolfe, do solemnly swear that I will support and
maintain the Constitution and laws of the United States, and the
Constitution and laws of North Carolina not inconsistent therewith,
and that I will faithfully discharge the duties of my office as County {
Commissioner of New Hanover County, so help me God.
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Thomas Wolf IJ
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j Sworn to and subscribed before me this
Seventeenth day of December 2012
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Robin Wicks Robinson
North Carolina District Court Judge Fifth District /
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NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
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Road(s) Description: Shoals Drive located within the Bayshore Estates Subdivision
(Section 12) in New Hanover County(Division File No. 1186-N).
WHEREAS, a petition has been filed with the Board of County Commissioners of the
County of New Hanover requesting that the above described road(s), the location of which
has been indicated on a map, be added to the Secondary Road System; and
WHEREAS, the Board of County Commissioners is of the opinion that the above
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described road(s) should be added to the Secondary Road System, if the road(s) meets
minimum standards and criteria established by the Division of Highways of the Department
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of Transportation for the addition of roads to the System.
NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of
New Hanover that the Division of Highways is hereby requested to review the above
described road(s), and to take over the road(s)for maintenance if they meet established
standards and criteria.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of Commissioners of the
County of New Hanover at a meeting on the 17th day of December , 2012.
WITNESS my hand and official seal this the 17th day of December, 2012.
O�,)NTY.ti
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Sheila L. Schult, Clerk to the Board
O New Hanover County Board of Commissioners
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Form SR-2
Please Note: Forward directly to the District Engineer, Division of Highways.
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' Woody white
v N TY. NEW HANOVER COUNTY Chairman
` 4 mop BOARD OF COMMISSIONERS Beth Dawson
Vice-Chairman
## O Jonathan Barfield,Jr.
i 2 r) 230 GOVERNMENT CENTER DRIVE, SUITE 175
Commissioner
Z WILMINGTON, NC 28403 Brian M.Berger
(910)798-7149 Commissioner
a� (910)798-7145 FAX
WWW.NHCGOV.COM Exhibit ,/ Sh @{la L Schutt
Booker Page�to the Board
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RESOLUTION
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x AUTHORIZING A CONTRACT FOR SOLID WASTE ENGINEERING SERVICES
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WHEREAS,after due advertisement, qualifications were received and recorded by the Environmental Management
Department at 2:30 p.m. on the 16`h day of October 2012, at the administrative offices of the Department of
Environmental Management, 3002 U.S. Highway 421 North, Wilmington, North Carolina, and the following
companies submitted qualifications for the provision of solid waste engineering services for a contract period of
three years with two additional one-year extensions:
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SCS Engineers,P.C. HDR Engineering Inc.
CDM Smith,Inc. S&ME, Inc.
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Garrett&Moore,Inc. Smith Gardner Inc.
I URS Corporation TRC Environmental Corporation, and
WHEREAS,the qualifications were evaluated and rated according to the criteria as established in the RFQ and the
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list narrowed to three firms;and
WHEREAS, SCS Engineers P.C., HDR Engineering Inc. and CDM Smith Inc. were further evaluated and
references checked;and
WHEREAS, following the evaluations staff further narrowed the list to two firms, SCS Engineers P.C. and CDM
Smith; and based upon review scores, reference checks, national rankings, site knowledge, and responsiveness, and
pursuant to General Statutes 143-64, the evaluation team agree and recommend that a contract for a continuing
services agreement be negotiated and awarded to SCS Engineers P.C.,for solid waste engineering services;and
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WHEREAS,$500,000 in funds for current projects are available in account number 70080200 901800 with work to
I be conducted via individual task orders.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby
authorizes the award of solid waste engineering services for the New Hanover County Environmental Management
Department to SCS Engineers P.C.,and that the County is hereby authorized and directed to negotiate and execute a
contract,the form of which shall be approved by the County Attorney.
ADOPTED this the 17`h day of December,2012.
,� G uN4Y.H
NEW V C TY
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p Woody White, ChaNnan
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Sheila L. Schult, Clerk to the Board
New Hanover County is committed to progressive public policy,superior service,courteous contact,judicious exercise of
authority,and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow.
Adopted 612012011
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Exhibit
Book. k✓ Page
AGENDA: December 17,2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 13- 111
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 13-111 be made to the annual budget ordinance for the fiscal year
ending June 30,2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Provide health/wellness education,programs,and services
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Fund:General
Department: Senior Resource Center
E nditure: Decrease Increase
Senior Resource Center $1,547
Total $1,547 $0
Revenue: Decrease Increase
Senior Resource Center $1,547
Total $i 47 $0
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Section 2: Explanation
On November 13,2012,the Board ratified the submission of a grant application for Title III-D Evidence
Based Health Promotions from the Cape Fear Council of Governments.The Senior Resource Center
received notification of the award in the amount of$4,000.The required match of$444 is in the
Department's current budget. The grant amount of$5,991 was estimated in the FYI adopted budget.This
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budget amendment reduces the adopted budget amount to match the award.
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 13-111,amending the annual budget
ordinance for the fiscal year ending June 30,2013,is adopted.
Govop O this 17th day of December,2012.
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3� a2 Woo y White,Ch
Sheila L. Schult,Clerk to the Board
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Exhibit
Book)(& Page(,-, b
AGENDA: December 17,2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
3 AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 13- 116
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 13-116 be made to the annual budget ordinance for the fiscal year
ending June 30,2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Increase public safety/crime prevention
Fund:General Fund
Department:Sheriff's Office
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E enditure: Decrease Increase
Sheriffs Office $8,385
Total 1 $0 $8,385
Revenue: Decrease Increase
Sheriff s Office $8,385
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Total $0 $8,385
Section 2: Explanation
% To budget reimbursement of$8,385 for overtime for the Detectives Division of the Sheriffs Office for the
3 period of September and October 2012.Reimbursement is from the FBI for overtime worked by the New
Hanover County Sheriffs Detectives on FBI cases.
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Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
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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 13-116, ng the annual budget
ordinance for the fiscal year ending June 30,2013,is adopted.
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Adopted,this 17th day of December,2012.
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Woody White,Chairman
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Sheila L. Schult,Clerk to the Board
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Exhibit
AGENDA: December 17,2012 Book Page
_p NEW HANOVER COUNTY BOARD OF COMMISSIONERS
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AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 2013- 38
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
E that the following Budget Amendment 2013-38 be made to the annual budget ordinance for the fiscal year
ending June 30,2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety/crime prevention
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Fund: Controlled Substance Tax
Department:Sheriffs Office
E enditure: Decrease Increase
Sheriffs Office $1,524
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Total $0 $1,5'24
Revenue: Decrease Increase
Sheriffs Office $1,524
Total $0 $1 24
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Section 2: Explanation
To budget Controlled Substance Tax receipt of$1,524 on 11/19/12.Controlled Substance Tax is budgeted
as received and must be used for law enforcement as the Sheriff deems necessary.The current balance in
the Controlled Substance Tax fund is$22,826.Funds are received on a monthly basis.
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 2013-38,amending the annual budget
ordinance for the fiscal year ending June 30,2013,is adopted.
G0\)bkvlb O this 17th day of December, 2012.
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Woody White,Ch ' an
Sheila L. Schult,Clerk to the Board
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Exhibit
Book Page
AGENDA: December 17,2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 2013- 40
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 2013-40 be made to the annual budget ordinance for the fiscal year
ending June 30,2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Understand act on citizen needs
Fund: Room Occupancy Tax(ROT)
Department:Engineering
Exuenditure: Decrease Increase
Transfer to capital project $2,178,600
Total $0 $2,178,600
Revenue: Decrease Increase
Appropriated fund balance $2,178,600
Total $0 $2,178.600
Fund: Mason Inlet Relocation
Department:Engineering
Exnenditure: Decrease Increase
Capital project expense $2,178,600
Total $0 $-22178-600
Revenue: Decrease Increase
Transfer in from special revenue fund $2,178,7600
Total $0 178,600
Section 2: Explanation
This budget amendment will advance funds from the Room Occupancy Tax Special Revenue Fund to
cover the cost of the maintenance dredging event scheduled to be completed March 31,2013.These funds
would be recovered through an assessment to the benefitted property owners on Figure Eight and the
northern end of Wrightsville Beach.
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 2013-40,amending the annual budget
ordinance for the fiscal year ending June 30,2013,is adopted.
d,this 17th day of Decemb
er,2012.
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Woody White,-C—hairm
I chult,ClerR fo the Board
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Exhibit
Book 2LLLVPage
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t AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY,NORTH CAROLINA
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ADOPTED OCTOBER 6, 1969,AND SUBSEQUENTLY AMENDED
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A-405(10/12)
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THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
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Section 1. The Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended
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be,and the same is hereby further amended to read as follows in the section(s) noted:
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The following language indicated in red shall be added to the Zoning Ordinance. Deletions have strikes
through them:
Section 112-6: Failure to Proceed in a Timely Manner
If within 24 months from the date of approval of the petition for a special use permit conditional use
district,conditional district, exceptional design zoning district or riverfront mixed use district a building
permit has not been issued for the subject tract(s) the Planning and Inspections Director shall consider a
request for an extension if submitted in writing to the New Hanover County Planning and Inspections
Department prior to the expiration. The Planning and Inspections Director may grant a one (1)year
extension so long as site conditions have not substantially changed since the original petition was
approved. If site conditions have substantially changed the Board of County Commissioners will
consider whether an extension shall be granted during a regularly scheduled public meeting The total
vesting period for extensions may not exceed five (5)years.
Section 53.6 Exceptional Design Zoning District(EDZD)
53.6-12 Effect of Approval
Any area designated as an EDZD shall thereafter be developed using only the exceptional design
standards and proposed conditions under which the EDZD is approved.Any reduction in the prerequisite
standards after approval shall be considered a violation of the terms and conditions of approval. In
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accordance with NCGS153A-344.1(c)and (d),approval of the master plan shall establish a vested right.
After 24 months from the date of original approval, if no construction activity has been permitted,the
approval of the original concept plan and any approved final plan shall expire and new approvals based
on standards existing for EDZD districts at that time shall be required. Extensions of vested rights
beyond the first 24 months may be approved in accordance with Section 112-6. by the T-R(;based 9A
Felevant &cumstanc:es, iRcluding but not limited te the size and phasing of deVelOpMeRt,the IeVel Of
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A-405 (10/12) Page 1 of 3
Section 59.7 Conditional Use District
59.7-6:Enforcement
(1)Failure to Proceed in a Timely Manner—If within 24 months from the date of approval of the
Conditional Use District, no building permit has been issued for the subject tract,the Planning and
Inspections Department may schedule a hearing for the Planning Board to consider progress made. If it
is determined that active efforts are not proceeding,the Planning Board may send forward a
recommendation to the County Commissioners to simultaneously revoke the Special Use Permit and
rezone the Conditional Use District to its classification prior to approval. (10/7/91 and 12/3/07) If an
extension is desired, a request must be submitted in writing to the New Hanover County Planning and
Inspections Department prior to the expiration. Extensions may be granted in accordance with section
112-6 of the Ordinance.
Section 59.10 Conditional District
59.10-6: Enforcement
(1)Failure to Proceed in a Timely Manner—If within 24 months from the date of approval of the
Conditional district, no building permit has been issued for the subject tract,the Planning Department
may schedule a hearing for the Planning Board to consider progress made. If it is determined that active
efforts are not proceeding,the Planning Board may send forward a recommendation to the County
Commissioners to simultaneously revoke the Conditional District and rezone the district to its
classification prior to approval. If an extension is desired, a request must be submitted in writing to the
New Hanover County Planning and Inspections Department prior to the expiration. Extensions may be
granted in accordance with section 112-6 of the Ordinance.
Section 59.9 RFMU Riverfront Mixed Use District
59.9-6:Procedural requirements for the establishment of a RFMU district
(4) Failure to Proceed in a Timely Manner—If within 24 months from the date of approval of the
petition for a riverfront mixed use district,a building permit has not been issued for the subject tract(s),
the Planning and Inspections Director shall consider a request for an extension if submitted in writing to
the New Hanover County Planning and Inspections Department prior to the expiration. The Planning
and Inspections Director may grant a one (1)year extension so long as site conditions have not
substantially changed since the original petition was approved. If site conditions have substantially
changed,the Board of County Commissioners will consider whether an extension shall be granted during
a regularly scheduled public meeting. The total vesting period for extensions may not exceed five (5)
years.
A-405 (10/12) Page 2 of 3
Section 71: Special Use Permits Issued by the Board of County Commissioners
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(4)In granting the permit the Board of County Commissioners may recommend and designate such
conditions in addition and in connection therewith, as will in its opinion,assure that the use in its
proposed location will be harmonious with the area in which it is proposed to be located and with the
spirit of this Ordinance.All such additional conditions shall be entered in the minutes of the meeting at
which the permit is granted and also on the certificate of the Special Use Permit or on the plans
I submitted therewith.All specific conditions shall run with the land and shall be binding on the original
s applicants for the Special Use Permit,their heirs, successors and assigns.A Special Use Permit, issued by
the Board of County Commissioners shall become null and void if construction or occupancy of the
proposed use as specified on the Special Use Permit is not commenced within twenty-four(24) months
j of the date of issuance.
! If an extension is desired, a request must be submitted in writing to the New Hanover County Planning
and Inspections Department prior to the expiration. Extensions may be granted in accordance with
section 112-6 of the Ordinance.
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A Board of
County Commissioners decision on a extension may be appealed in conformity with the requirements of
Section 71-1(6)of this Ordinance. (5/2/83),(10/7/91)
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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
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 17th day of December, 2012.
%3STY
Lo �0 Woody Whit ,Chairman
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Sheila L. Schult,Clerk to the Board
Date �\
A-405 (10/12) Page 3 of 3
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ExhibiVz—vpage
Book
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AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY,NORTH CAROLINA
ADOPTED OCTOBER 6,1969,AND SUBSEQUENTLY AMENDED
A-409(11/12)
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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:
1 The following language indicated in red shall be added to the Zoning Ordinance. Deletions have strikes
through them:
1
Section 23:Definitions
Structure and/or Building:Anything constructed or erected within a fixed location on the ground,or attached
to something having a fixed location on the ground. ,
heroes,walls, fenees,and poster-paMel The terms building and/or structure shall be construed to include
porches,decks, carports,garages, sheds, roof extensions,overhangs extending more than 2', and any other
projections directly attached to the structure and/or building.
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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 commissioners has
found the amendment consistent with the policies adopted in the 2006 land use plan and reasonable and in
the public interest.
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Section 4. This ordinance is adopted in the interest of public health,safety, m d general welfare of the
inhabitants of the County of New Hanover, North Ca lina,and shall be in fu force a d effect f om and after
its adoption.
Adopted the 17th day of December, 2012.
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Woody White, irman
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Sheila L Schult,Clerk to the Board
Date
A-409 (11/12) Page 1 of 1
Exhibit
Book
Page
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AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY,NORTH CAROLINA
ADOPTED OCTOBER 6, 1969,AND SUBSEQUENTLY AMENDED
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A-411 (11/12)
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THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
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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:
The following language indicated in red shall be added to the Zoning Ordinance. Deletions have strikes
through them:
Section 69.11:Setbacks
For the purposes of this Ordinance, setbacks shall not be required for nonresidential structures
located within Commercial, Office and Institutional and Industrial Districts that abut nonresidential
i uses in Commercial, Office and Institutional and Industrial Districts.
Setbacks shall be measured from the structure. If a roof overhang extends more than two(2') feet
from the structure,the setback shall be measured from the drip line of the roof.
distr-iets shall be ealeulated
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The required minimum setbacks for structures located within Commercial, Office and Institutional
and Industrial Districts abutting residential uses and/or platted lots on residentially zoned property
shall be calculated from Table 69.11 utilizing the following formulas. Where the adjacent residential
district is occupied by non-residential uses,the minimum setback shall be twenty(20) feet. (5/4/98)
(1) Side yard Required setback
(2) (Building Height) x (Factor from Column B, Table 69.11)
(3) Rear yard Required setback
(4) (Building Height) x (Factor from Column D, Table 69.11)
(5) Reductions in setbacks
(6) The required setbacks may be reduced as specified in Section 67. In no case,
# however, shall any side or rear yard setback be less than specified in Table 69.11
(3/9/88)
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A-411 (11/12) Page 1 of 2
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DIS'T'RICT S
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B-1 2.75 25' 3.73 30'
B-2 2.75 30' 3.73 35'
O&I 2.75 25' 3.73 30'
I-1 3.08 35' 4.33 40'
I-2 3.49 40' 5.14 45'
A-I 3.08 35' 4.33 40'
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.
Adopted the 17th day of December,2012.
OvNTY.N
,Q c' oR Woody White, airman
0
��ti a2 Sheila L.Ichult, Clerk to the Board
•FS�ABlItH�.O-' i
Date
A-411 (11/12) Page 2 of 2
Exhibik&-6age j
Book
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY,NORTH CAROLINA
ADOPTED OCTOBER 6,1969,AND SUBSEQUENTLY AMENDED
A-408(10/12)
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:
The following language shall be added to the Zoning Ordinance:
Section 53.1: R-7 Medium Density Development
Purpose:The purpose of this section is to encourage medium density development in Urban and
Transition areas where adequate services are available. The district will allow greater variety of
housing types provided that environmental impacts are minimized and adequate open space is
provided.
The intent of the medium density district is to:
A. Provide for greater population densities to facilitate high quality affordable housing,a greater
range of lifestyles and income levels in close proximate to commercial and employment centers.
B. Provide for the efficient delivery of publi*c services and to increase residents' accessibility to
employment,transportation and shopping.
C.Serve as a buffer and transition area between more intensively developed areas and lower
density residential areas
52.1-1: Conventional Residential Regulations
Dimensional Requirements:
(1) Minimum lot area:7,000 square feet(2/16/87)
(2) Minimum lot width 50 feet
(3) Minimum front yard 25 feet
(4) Minimum side yard 8 feet
(5) Minimum rear yard 20 feet
A-408 Page 1 of 5
(6) Maximum height 35 feet
53.1-2: Parking-Parking and loading shall be provided in accordance with the provisions of
Article VIII.
53.1-3:Signs-Signs shall be in accordance with Article IX.
53.1-4: Performance Residential-The maximum density of Performance Residential
Development shall be 6 units per net tract acre (with net tract area determined pursuant to
Section 51.5-2(11)). (1/4/82)
53.1-5:All Medium Density Developments shall comply with the following requirements:
(1) Roadway access — R-7 zoning districts shall have direct access to at least one
roadway classified as an arterial or collector on the most recent FHWA-
approved functional classification map for the Wilmington urban area. R-7
zoning districts may also be located on streets which are designed and built to
County or NCDOT collector street standards, which are not identified on the
functional classification map.
(2) Buffer Strip-Buffer strips shall be required in accordance with Section 67.
(3) District Improvement Requirements - All medium density residential
developments shall provide improvements as specified in the following table.
Improvements shall be constructed in accordance with the standards set by the
Cape Fear Public Utility Authority,County or appropriate local or State agency.
CFPUA CFPUA Max. Imperv. Sidewalks on all roads
Water Sewer Surface Ratio within district
for Gross Site
Area
R-7 Yes Yes .50 Yes
(4) Setbacks and Uses
(A) The required minimum setback for Medium Density development utilizing
attached single family shall be thirty-five feet from any existing detached
residential development (not including Mobile Home Parks, High Density,
Planned Development or other R-7 development),:
1. Reductions in setbacks
(i) The required setbacks may be reduced as specified
in Section 67. In no case, however, shall the
minimum setback be less than 25 feet.
2. Uses in the yards
A-408 Page 2 of 5
(i) The part of the yard adjacent to the residential
uses shall be used only for buffer strips and as
specified in Section 67.
(B) In no case shall any part of a detached single-family dwelling unit be
located closer than ten (10) feet to any part of any other detached single-
family dwelling, and in no case shall any part of a multiple dwelling unit be
located closer than twenty(20)feet to any part of another dwelling unit.
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(5) When a development proposal is submitted under this Section, it shall be
I reviewed in accordance with the same standards as established in the
I Subdivision Ordinance even if the project does not involve the subdivision of
land.
(6) Maximum allowable height for structures shall be 35 feet. However, the
maximum allowable height for piling supported primary structures which are
located in "Coastal High Hazard Areas, V-Zones" and/or Ocean Hazard Areas as
defined by the Coastal Resources Commission shall be 44 feet.
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A-408 Page 3 of 5
P R ; F R R ;'_ B ( I 0 A ; A S :.R RF
Permitted Uses D Q 20 x.15 10 7 `. 2 1, 2 &t.. R ,l„ C '.;A, MU
Commercial Marina(2/14/84) P ISs S ° V., S S r. P P
Electric!Gas&Sanitary Services P `P P ( P P .„ P P .: P P p
Electric Substations P S A S S P P P,' S t?, P
Telephone&Telegraph Facilities P ., P P P P P V0 P 7 P E�"
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Other Communication Facilities Including Towers S y^ ;, S P ;° .° S S :.
(2/5/96)
Cellular&PCS Antennas (See Section 69.17(H)) P P = P P M P .rl. P P .. P o
Convenience Food Store(7/5/85) P r S S P 6 P S .
Camping, Travel Trailer Parks(2/14/83) P S S S P " .' T .
Golf Courses P �`" P P P x " 1 P
t
Indoor&Outdoor Recreation Establishments P Sri.`k S S P P S „ P ;
r 3
(2/14/82, 8/16104)
Parks &Recreation Area(4/2/07) P 101 P ' • P P p+)?' P P -_ P ! P
Adult Day Care P `,�`�; S S S
Children's Day Care(12/13/82) P S S S P S w ( _,
Community Center P x S S S ;w ) ri P ` .
Hospitals P S S S P
? .,..
Nursing&Personal Care Facilities P S _ : S S
Residential Care(9/8/81) P P P S ` ,' 1 .,' P
Educational Services a
Colleges, Universities, Professional Schools& P 4{ ,' S (z S
Technical Institutions ` e
Elementary&Secondary Schools P ':' P P S
Libraries P P P S P ` P P
Museums(5/2/83) p ;.,� P P ,,..
Membership Organizations
Churches P P P S „, P P P P
#�
Lodges, Fraternal&Social Organizations (5/2/83) P S �t S S P
Other
Accessory Buildings or Uses, clearly incidental to P P °�' P P °- P P P P
the Permitted Use or Building(see Section 62) L
Cemeteries S S r S Say l S d }' '
i ., k,77
Community Boating Facility (8/6/92) S f' S S S !""f
Private Residential Boating Facility(9/19/92) P >'P P P P
Duplexes P S t P S P '4 a
A
Evangelistic and Religious Assemblies not P r P.. P '�' P P `.`)�' P P Pip P F�
conducted at a Church(7/6/92) ?'
Government Offices&Buildings P $ S S S P P P { P 'r ' P
High Density Development(3/22/82)Permitted only P S $ S
within Urban Transition Area(2/16/87, 10111/95)
Home Occupation P P P P P P P ' P
A-408 Page 4 of 5
P R R ; R R R S B I 1 ' O A A S R RF
Permitted Uses D 20S 20 ,15 10 7 " 1 2 1 2 "&1 R I C A MU
Other
Mobile Home S i P. P P , S S P 3S
Mobile Home, Doublewide(6/7/82) P P P P P S P P
Mobile Home Park(Density shall not exceed 2.5 P S S S $
Units beyond Urban Transition area)(2/16/87,
10/11/95).
Mobile Home Subdivision(6/1/92) S S S S S $
Outdoor Bazaars excluding Yard Sales (7/6/92) P = P P =P P P P P P P P 1 P ='W
Residential Private Pier P P P P? P P t" . P.
Single Family Dwelling P P P P P P S S P P ' P
Single Family Dwelling-Attached(1/4/82) P P P P P --.S. S P
Special Fund Raising for Non-Profit Organizations P P P P P P P > P P P P P P P
(7/6/92)
Temporary Sign P P P P P P ',P P P P P r P_ P 9 P
Recycling Facilities: (1/3/89)
6 Small Collection P S S S S P P P P ` S P P
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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
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 17th day of December, 2012.
/�jr1TY.
�° + 0 Woody White, irman
A
I ° Attest:
2 Sheila L Schult,Clerk to the Board
�dttgr+�a .
Date
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A-408 Page 5 of 5
t
Exhibit
Book KM0age
NEW HANOVER COUNTY COMMISSIONER
2013 APPOINTMENTS TO BOARDS AND COMMITTEES
Board/Committee 2013
Airlie Gardens Foundation Board of Directors Vice-Chair Dawson
5 Cape Fear Community College Board of Trustees Chairman White
Cape Fear Community College Long-Range Chairman White
Planning Committee
Cape Fear Museum Advisory Board Vice-Chair Dawson
Cape Fear Public Transportation Authority/WAVE Commissioner Barfield
# Transit AVE's representative on the MPO/TAC
f Cape Fear Public Utility Authority Chairman White
(expiring term 6/30/15
3
Cape Fear Public Utility Authority Commissioner Wolfe
(expiring term 6/30/15
Chamber of Commerce Commissioner Barfield
Chamber's Cape Fear Futures County Manager Coudriet
Coastal Care, Inc. (Mental Health) Vice-Chair Dawson
3
Council of Governments Executive Committee Commissioner Barfield
DSS Board (expiring term 6/30/13) Commissioner Barfield
DSS Methamphetamine Task Force Commissioner Barfield
Health Board Vice-Chair Dawson
Legion Sports Complex Commission Commissioner Barfield
Legion Sports Complex Commission Chairman White
Local Emergency Planning Committee Chairman White
Lower Cape Fear River Program Advisory Board Commissioner Wolfe
Lower Cape Fear Water&Sewer Authority Commissioner Wolfe
(expiring term 6/30/15
New Hanover County Financing Corporation, Inc. Chairman White
New Hanover Regional Medical Center Board of Commissioner Barfield
= Trustees
Port,Waterway&Beach Commission Commissioner Wolfe
Southeastern Economic Development Commission Commissioner Barfield
Ten Year Plan to End Homelessness Commissioner Berger
Tourism Development Authority Commissioner Barfield
Wilmington Business Development Chairman White
Wilmington Downtown Inc. Commissioner Wolfe
3
Wilmington Regional Film Commission Vice-Chair Dawson
Wilmington Urban Area Metropolitan Planning Chairman White
Organization—Transportation Advisory Committee
Approved 12/17/2012
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