2016-09-29 September 29 2016 PB Work Session Agenda Package
NEW HANOVER COUNTY
PLANNING & INSPECTIONS DEPARTMENT
230 GOVERNMENT CENTER DRIVE, SUITE 110
WILMINGTON, NORTH CAROLINA 28403
TELEPHONE (910) 798-7165
FAX (910) 798-7053
NEW HANOVER COUNTY PLANNING BOARD
Work Session
September 29, 2016
3:00 PM – Finance Conference Room 500
Welcome – Chair Girardot
Item 1: Work Session Items
Zoning Ordinance Amendment Request (A-425, 9/16) – Request by Planning Staff to
amend Zoning Ordinance Section 70, Section 71, Section 23, and Section 50 regarding Special
Use Permit Requirements and the Table of Permitted Uses.
Item 2: Other Business
Adjourn
Chris O’Keefe, AICP
Planning & Inspections
Director
Ken Vafier, AICP
Planning Manager
A-425, (09/16) Page 1 of 25
ZONING ORDINANCE AMENDMENT REQUEST
CASE: A-425, 09/16
PETITIONER: Planning Staff
REQUEST: Amend Zoning Ordinance Section 70, Section 71, Section 23, and Section 50
BACKGROUND AND SUMMARY:
As part of an ongoing dialogue about the county’s special use permit (SUP) regulations, New Hanover
County staff facilitated a meeting in early March 2016 with community representatives both in support
and opposition to draft ordinance revisions that was created after a series of stakeholder input meetings.
After the March 2016 meeting, Planning Staff took the lead on developing a new draft that embellished
the points of improvement that were largely supported throughout the ongoing dialogue, including
describing a clear and predictable process for application, review, and decision making, in addition to
revising the table of permitted uses in a manner that provided clarity for discerning how a particular
industry is classified and regulated by the county.
At the directive of the Board of Commissioners, the new staff-drafted amendment proposal was then
analyzed by LSL Planning, the consultation team contracted to work with both the City and the County for
comprehensive land use regulation updates. LSL Planning created reports providing feedback on the
language proposed by staff for Sections 70 and 71 of the ordinance, in addition to suggesting how the
table of permitted uses could be revised to improve organization and provide clarity for indus trial use
classification utilizing the North American Industrial Classification System (NAICS) coding.
The text below represents the language prepared by staff after the March 2016 meeting and includes the
changes suggested by LSL Planning in their July 29, 2016 report. Some of the changes suggested by LSL
Planning are supported by staff, and other suggested changes are not supported by staff. This text below
is also updated with changes that have been made at the Planning Board work sessions on 8/30/16 and
9/22/16. Please note that the text below would replace the existing text in Sections 70 and 71 of the
Zoning Ordinance in their entirety. Proposed changes to the definitions and the table o f permitted uses
begin on page 11.
Key:
Black Text – Language from the June 2016 Planning Staff Draft
Blue and Underlined Text – Language suggested for addition by LSL Planning and supported by Planning Staff
Blue and Strikethrough Text – Language suggested for removal by LSL Planning and supported by Planning Staff
Red and Underlined Text – Language suggested for addition by LSL Planning and not supported by Planning Staff
Red and Strikethrough Text – Language suggested for removal by LSL Planning and not supported by Planning
Staff
Yellow Highlighted Text – Change made after 8/30/16 Planning Board Workshop
Blue Highlighted Text – Change made after 9/22/116 Planning Board Workshop
A-425, (09/16) Page 2 of 25
Section 70: General Information, Applications, Process, Public Notice, Public Hearings, Review and 1
Decision, and Conclusions Required for Approval 2
3
70-1: General 4
5
(1) Special Use Permits add flexibility to the Zoning Ordinance. Subject to high 6
standards of planning and design, certain property uses may be allowed in the 7
several districts where these uses would not otherwise be acceptable. By means 8
of controls exercised through the Special Use Permit procedures, property uses 9
which would otherwise be undesirable in certain districts can may be developed 10
to minimize any bad negative external effects they might have on surrounding 11
properties. 12
(2) Any use or development designated by applicable zoning district regulations as a 13
special use, or as allowed only pursuant to a special use permit, may be 14
established in that district only after the use or development is authorized by a 15
validly issued special use permit. 16
17
70-2: Applications 18
19
(1) Applications for a Special Use Permit shall be submitted to the Planning and 20
Inspections Director or their designee by the owner or owners, or their duly 21
authorized agent, of the property subject to the Special Use Permit petition at 22
least 20 35 business days prior to an adopted Planning Board meeting date. For 23
Intensive Manufacturing uses, the application must be submitted at least 35 24
business days prior to the Planning Board meeting date. A schedule of adopted 25
Planning Board meeting dates and the subsequent 35-business-day application 26
deadlines shall be available at the Department of Planning and Inspections. Any 27
additional information, documents, etc. submitted after the application deadline 28
must be submitted no later than 10 business days prior to the Planning Board 29
meeting date. 30
(2) Applications for a Special Use Permit shall include the following to be considered 31
a complete application: 32
(A) Completed and signed application form for a Special Use Permit 33
(B) Traffic Impact Worksheet 34
(C) Traffic Impact Analysis (only applicable for development proposals that 35
exceed 100 peak hour trip generation) 36
(D) Site Plan, including the elements listed in Section 60.1 37
(E) Narrative of proposal depicting the nature and scope of the proposed 38
development 39
(F) At the discretion of the petitioner, supplemental information, plans, 40
and/or documents that the petitioner intends to use to demonstrate at 41
the public hearing that the conclusions required for approval in Section 42
70-7 are met 43
A-425, (09/16) Page 3 of 25
(G) Authority for Appointment of Agent Form (only applicable if the petition 44
for Special Use Permit is submitted by an agent for the property owner(s)) 45
(H) Application fee based on the adopted fee schedule 46
(I) Community information meeting report for community information 47
meeting per Section 111-2.1 (only for uses classified as Intensive 48
Manufacturing) 49
(3) Specific requirements of plans application requirements may be waived by the 50
respective reviewer, planning director, or planning board, where it is determined 51
that the required information is not applicable to the subject request. 52
53
70-3: Process 54
55
(1) In order to assist applicants through the process for obtaining a Special Use 56
Permit, applicants may request a pre-application conference with NHC planning 57
staff prior to application submittal. 58
(2) The Planning and Inspections Director or their designee shall review application 59
packages and respond to the petitioner as soon as possible but at most within 2 60
5 business days following the application deadline submission to notify the 61
petitioner in writing including regular mail or e-mail of any omissions to the 62
requirements under Section 70-2(2) that render the application incomplete. This 63
review for completeness is to ensure that each of the applicable documents have 64
been submitted as part of the application, and not to verify or substantiate the 65
information provided within the application package. 66
(3) Applications with no omissions to the requirements under Section 70-2(2) shall 67
be deemed complete and be calendared for a public hearing at the earliest 68
upcoming Planning Board meeting that allows time for the required legal notices. 69
The Planning and Inspections Director or their designee shall respond to the 70
petitioner as soon as possible but at most within 5 business days following the 71
application submission in writing including regular mail or e-mail to notify them 72
that the application was deemed complete and confirm the date of the Planning 73
Board meeting at which the public hearing will be held. 74
Note 1: Staff does not support this proposed addition as the requirements above, with the
exception of (C) and (G), are applicable for all SUP applications. Language is included for when
(C) and (G) are applicable. As such, there should not be an instance where discretion is needed
for any of the application requirements.
Note 2: Staff supports changing the review period from 2 business days to 5 business days to
review applications for completeness against the requirements listed in Section 70-2(2).
Additionally, staff supports the suggested clarification that contact with the petitioner be
made by mail or email to notify of an incomplete application.
A-425, (09/16) Page 4 of 25
(4) The petitioner shall have up to 5 business days from the application deadline to 75
submit any omitted application requirements that would render the application 76
complete based on the feedback provided pursuant to Section 70-3(1) above. 77
(5) Within 10 business days following an application deadline, complete applications 78
for special use permit petitions shall may shall be posted on the Planning and 79
Inspections Department web page (www.planningdevelopment.nhcgov.com) in 80
addition to the date, time, and location of the Planning Board meeting at which 81
the public hearing will be calendared. Notification of the posting of the special 82
use permit application(s) and meeting information shall also be sent to the 83
Sunshine List. Any additional information received from the petitioner after the 84
application deadline shall also be posted on the web page. 85
86
87
(6) In preparation for the public hearing at the Planning Board for a petition for a 88
special use permit, the Planning and Inspections Director or their designee shall 89
analyze the information and materials provided in the application package to 90
provide a summary of the request and preliminary findings of fact in the form of 91
a report to be included in the agenda package for the Planning Board meeting. 92
The intent of the report is to inform the Planning Board of whether the 93
Conclusions Required for Approval in Section 71-4 have been met or to identify, 94
from staff’s perspective, issues or areas that the Planning Board may need more 95
information on in order to provide a recommendation to the Board of County 96
Commissioners whether each of the required conclusions in Section 70-7 have 97
been met. The staff analysis report shall be published by the Clerk to the Planning 98
Board as part of the agenda package for the Planning Board meeting. 99
(7) In preparation for the public hearing at the Board of County Commissioners for a 100
petition for a special use permit, the Planning and Inspections Director or their 101
Note 3: Staff supports removing the above section that would allow for the submission of any
missing application requirement after the application deadline has passed, agreeing with LSL
Planning’s rationale.
Note 4: Staff supports the above change that completed applications may be posted on the
website as soon as possible. Changing the “shall” to “may” ensures that a petitioner’s
application is not nullified or postponed due to a staff error.
Note 5: Staff does not support the change suggested by LSL Planning to remove language in
Sections 70-3(4) and 70-3(5) detailing staff’s role in preparing reports for the Planning Board
and Board of Commissioners to inform them of potential information that may be needed for
the boards to reach one or more of the conclusions required for approval in Section 71-4. This
language clarifies that an SUP application may move forward through the public hearing
process despite a petition lacking sufficient information to demonstrate that a conclusion can
be met; such information could be introduced at the hearing despite it being not included in
the application materials.
A-425, (09/16) Page 5 of 25
designee shall prepare a report summarizing the Special Use Permit request, the 102
information and materials provided in the application package and presented at 103
the Planning Board public hearing(s), the Planning Board’s recommendations, and 104
preliminary findings of fact. The intent of the report is to inform the Board of 105
County Commissioners of whether the Conclusions Required for Approval in 106
Section 71-4 have been met or to identify, from staff’s perspective, issues or areas 107
that the Board of County Commissioners may need more information on in order 108
to reach a required conclusion. The staff analysis report shall be published by the 109
Clerk to the Board of County Commissioners as part of the agenda package for 110
the County Commissioners meeting. 111
112
113
70-4: Public Notice 114
115
(1) Public notice for a petition for a special use permit shall be disseminated per 116
Section 112.1 of the Zoning Ordinance. 117
118
70-5: Public Hearings 119
120
(1) A public hearing at the Planning Board for the special use permit application shall 121
be calendared per Section 70-3(3). 122
(2) The public hearing for the special use permit application at the Planning Board 123
shall held in a quasi-judicial format. At the hearing, the Planning Board hears 124
factual evidence presented at an evidentiary hearing, then makes 125
recommendations for findings of fact supported by competent, substantial, and 126
material evidence. Based on those recommended findings, the Planning Board 127
may render a recommendation to the County Commissioners on whether each of 128
the required conclusions specified in Section 70-7 can be reached. 129
(3) The Planning Board may continue the hearing to a later meeting to accommodate 130
additional witnesses or the presentation of additional testimony or evidence. If 131
the time and place of the continued hearing is announced in open session during 132
the hearing, no further notice need be given for the continued hearing. 133
(4) A public hearing at the Board of County Commissioners shall be calendared 134
following the public hearing at which the Planning Board makes a 135
recommendation. 136
(5) The public hearing for the special use permit application at the Board of County 137
Commissioners shall held in a quasi-judicial format. At the hearing, the Board 138
hears factual evidence presented at an evidentiary hearing, then makes findings 139
of fact supported by competent, substantial, and material evidence. Based on 140
those findings, the Board of County Commissioners decides whether or not it can 141
reach each of the required conclusions specified in Section 70-7 below. 142
(6) The Board of County Commissioners may continue the hearing to a later meeting 143
to accommodate additional witnesses or the presentation of additional testimony 144
or evidence. If the time and place of the continued hearing is announced in open 145
A-425, (09/16) Page 6 of 25
session during the hearing, no further notice need be given for the continued 146
hearing. 147
148
149
150
70-6 Review and Decision: 151
152
(1) The applicant bears the burden of presenting sufficient evidence in support of the 153
application to allow the Board of County Commissioners, after weighing such 154
evidence against that presented in opposition to the application, to make findings 155
of fact that reasonably support each of the required conclusions outlined in 156
Section 70-7 as well as any applicable specific standards for the proposed use as 157
required by Section 72. If that burden is met, the Board of County Commissioners 158
must approve the application. If that burden is not met, the Board of County 159
Commissioners must deny the application, provided that if the Board of County 160
Commissioners determines that specific minor changes or additions to, or 161
restrictions on, the proposed development are necessary and sufficient to 162
overcome impediments to its reaching the required conclusions, it may approve 163
the application subject to reasonable conditions requiring such changes or 164
additions or imposing such restrictions. Such conditions may include time limits 165
for completion of development or for the start or end of certain uses or activities. 166
(2) A motion to approve the application must state the required conclusions and 167
include findings of fact on which the conclusions are based, plus any proposed 168
conditions of approval. The favorable vote of at least 3 members of the Board of 169
County Commissioners is necessary to pass such a motion. A motion to deny the 170
application must state which of the required conclusions cannot be reached and 171
include findings of fact on which the inability to reach the conclusions is based. 172
The favorable vote of a majority of Board of County Commissioners members 173
present is necessary to pass such a motion. If a motion to approve the application 174
fails, the application is deemed denied, and those members voting against the 175
motion must state which of the required conclusions they could not reach as well 176
as findings of fact on which their inability to reach the conclusions is based. 177
(3) Every decision by the Board of Commissioners issuing or denying a special use 178
permit shall be subject to review by the Superior Court by proceedings in the 179
nature of certiorari. Any petition for review by the Superior Court shall be filed 180
with the Clerk of Superior Court within 30 days after the decision of the Board is 181
filed in the Office of the Clerk to the Board, or after a written copy thereof is 182
delivered to every aggrieved party who has filed a written request for such copy 183
Note 6: Staff does not support the change suggested by LSL Planning to remove language in
Sections 70-5. While the language may be overly detailed, providing such detail was
intentional so as to provide a clear description of the public hearing process in response to the
comments provided as part of the ongoing dialogue.
A-425, (09/16) Page 7 of 25
with the Clerk or Chairman of the Board at the time of the hearing of the case, 184
whichever is later. 185
186
187
70-7: Conclusions Required for Approval – The Board of County Commissioners may not 188
approve an application for a special use permit unless it reaches each of the following conclusions 189
based on findings of fact supported by competent, substantial, and material evidence presented 190
at the hearing. The considerations listed below each required conclusion are intended to suggest 191
some of the primary concerns pertinent to reaching the conclusions, but are not intended to be 192
all-inclusive. 193
194
(1) The use will not materially endanger the public health or safety if located where 195
proposed and approved. Considerations: 196
(A) Traffic conditions in the vicinity, including the effect of additional traffic 197
on streets and street intersections, and sight lines at street intersections 198
with curb cuts; 199
(B) Provision of services and utilities, including sewer, water, electrical, 200
garbage collections, fire protection; 201
(C) Soil erosion and sedimentation; and 202
(D) Protection of public, community, or private water supplies, including 203
possible adverse effects on surface waters or groundwater; and 204
(E) Anticipated air discharges, including possible adverse effects on air 205
quality 206
(2) The use meets all required conditions and specifications of the Zoning Ordinance; 207
(3) The use will not substantially injure the value of adjoining or abutting property, 208
or that the use is a public necessity. Considerations: 209
(A) The relationship of the proposed use and the character of development 210
to surrounding uses and development, including possible conflicts 211
between them and how these conflicts will be resolved; and 212
(B) Whether the proposed development is so necessary to the public health, 213
safety, and general welfare of the community or County as a whole as to 214
justify it regardless of its impact on the value of adjoining property. 215
Note 7: Staff does not support the change suggested by LSL Planning to remove language in
Sections 70-6. While the language may be overly detailed, providing such detail was
intentional so as to provide a clear description of the public hearing process in response to the
comments provided as part of the ongoing dialogue.
However, LSL Planning suggested that the ordinance be clear that an SUP application will be
reviewed against the general standard in Section 70-7 as well as the supplemental regulations
for a proposed use that may be applicable from Section 72. The addition under 70 -6(1) is
suggested by staff to provide the clarity suggested by LSL Planning.
A-425, (09/16) Page 8 of 25
(4) The location and character of the use if developed according to the plan as 216
submitted and approved will be in harmony with the area in which it is to be 217
located and in general conformity with the plan of development for New Hanover 218
County. 219
(A) The relationship of the proposed use and the character of development 220
to surrounding uses and development, including possible conflicts 221
between them and how these conflicts will be resolved; and 222
(B) Consistency with the Plan’s goals, objectives for the various planning 223
areas, its definitions of the various land use classifications and activity 224
centers, and its locational standards. 225
226
Section 71: Validity, Extensions, and Changes for Approved Special Use Permits; Resubmittals of Denied 227
Applications 228
229
71-1 Validity and Extensions of Approved Special Use Permits: 230
231
(1) A special use permit, issued by the Board of County Commissioners, shall become 232
null and void if construction or occupancy of the proposed use as specified on the 233
special use permit is not commenced within twenty-four (24) months of the date 234
of issuance. If an extension is desired, a request must be submitted in writing to 235
the New Hanover County Planning and Inspections Department prior to the 236
expiration. Extensions may be granted in accordance with Section 112-6 of the 237
Ordinance. 238
(2) In the event of failure to comply with the plans approved by the Board of County 239
Commissioners or with any other conditions imposed upon the special use 240
permit, the permit shall thereupon immediately become void and of no effect. 241
No building permits for further construction or certificates of occupancy under 242
this special use permit shall be issued, and all completed structures shall be 243
regarded as non-conforming uses subject to the provisions of Article IV of this 244
Ordinance provided, however, that the Board of County Commissioners shall not 245
be prevented from thereafter rezoning said property for its most appropriate use. 246
247
248
71-2 Changes to Approved Special Use Permits: 249
250
(1) The original applicant(s), their successors or their assignee may make minor 251
changes in the location and/or size of structures provided the necessity for these 252
changes is clearly demonstrated. Minor changes shall be reviewed by the 253
Planning and Inspections Department and upon favorable recommendation by 254
the Planning and Inspections Director may be approved by the Zoning 255
Administrator. Such approval shall not be granted should the proposed revisions 256
cause or contribute to: 257
(A) A change in the character of the development. 258
A-425, (09/16) Page 9 of 25
(B) A change of design for, or an increase in the hazards to pedestrian and 259
vehicle traffic circulation, or 260
(C) A modification in the originally approved setbacks from roads and/or 261
property lines exceeding ten percent. 262
263
71-3 Resubmittals: 264
265
(1) An application for a special use which has been previously denied may be 266
resubmitted only if there has been a change in circumstances as determined by 267
the Planning and Inspections Director or the director's designee. Evidence 268
presented in support of the new application shall initially be limited to what is 269
necessary to enable the Planning and Inspections Director to determine whether 270
there has been a substantial change in the facts, evidence, or conditions of the 271
case and shall include: 272
(A) Circumstances affecting the property that is the subject of the application 273
which have substantially changed since the denial; or 274
(B) New information available since the denial that could not with 275
reasonable diligence have been presented at a previous hearing. 276
If the Planning and Inspections Director deems the evidence substantially 277
changed, the proposal may be resubmitted as a new application. Appeal of the 278
Planning and Inspections Director’s decision may be made to the Board of County 279
Commissioners. 280
281
A-425, (09/16) Page 10 of 25
SUMMARY OF CHANGES PROPOSED TO THE DEFINITIONS AND THE TABLE OF PERMITTED USES:
Below represents changes proposed to the definitions in Section 23 and the table of permitted uses found
in Section 50 of the Zoning Ordinance. Underlined text is text to be added. Strikethrough text is existing
text to be deleted.
Red strikethrough text is existing text to be deleted. Red text represents proposed new text. Orange text
represents a renamed or a use relocated within the table, and purple text represents an industry targeted
by the Garner study.
Section 23: Definitions 282
283
Manufacturing 284
285
Artisan Manufacturing- On-site production of goods by hand manufacturing involving the 286
use of hand tools and small-scale light mechanical equipment. Typical uses include 287
woodworking and cabinet shops, ceramic studios, jewelry manufacturing and similar 288
types of arts and crafts or very small-scale manufacturing uses that have very limited, if 289
any, negative external impacts on surrounding properties, water resources, air quality 290
and/or public health. 291
292
Limited Manufacturing- Manufacturing of finished parts or products, primarily from 293
previously prepared materials. Typical uses include: printing and related support 294
activities; machinery manufacturing; food manufacturing; computer and electronic 295
product manufacturing; electrical equipment, appliance, component 296
manufacturing/assembly; furniture and related product manufacturing/assembly; and 297
other manufacturing and production establishments that typically have very limited, if 298
any, negative external impacts on surrounding properties, water resources, air quality 299
and/or public health. 300
301
General Manufacturing-Manufacturing, bulk storage, and/or handling of finished or 302
unfinished products primarily from extracted, raw, recycled, or secondary materials. 303
Typical uses include textile mills; textile product mills; apparel manufacturing; leather 304
and allied product manufacturing; wood product manufacturing; plastics and rubber 305
products manufacturing; nonmetallic mineral product manufacturing; transportation 306
equipment manufacturing; primary metal manufacturing; and fabricated metal product 307
manufacturing. 308
309
Key:
Red Text – Language suggested for addition by LSL Planning
Red and Strikethrough Text – Language suggested for removal by LSL Planning
Orange Text – New description or location within table of a use suggested by LSL Planning
Orange and Strikethrough Text – Old description or location within table of use suggested for removal by LSL Planning
Purple Text – New proposed use and use identified as optimal for New Hanover County by the Pathways to Prosperity
report by Garner Economics, LLC
A-425, (09/16) Page 11 of 25
Industrial service firms engaged in the repair or servicing of industrial or commercial 310
machinery, equipment, products, or by-products. Typical uses include: welding shops; 311
machine shops; industrial tool repair; fuel oil distributors; solid fuel yards; and carpet 312
cleaning plants. General manufacturing facilities include those operations that do not 313
have significant negative external impacts on surrounding properties, water resources, 314
air quality and/or public health. 315
316
Intensive Manufacturing- Manufacturing and processing of products and chemicals 317
including but not limited to: acetylene, lime, gypsum or plaster-of-Paris, stone, clay, 318
glass, cement, concrete, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, 319
poisons, explosives, paint, lacquer, varnish, petroleum products, coal, plastic and 320
synthetic resins, and radioactive materials. This group also includes smelting, animal 321
slaughtering, paper manufacturing, oil refining, fuel bulk storage facilities, and electricity 322
generating facilities, as well as any manufacturing or processing facility which has a high 323
potential for significant negative external impacts on surrounding properties, water 324
resources, air quality and/or public health. 325
326
327
Section 50: Establishment of Use District 328
Table of Permitted Uses 329
PD
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Regs
NAICS
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 P S
Veterinaries P P P P S P P
Wholesale Nurseries & Greenhouses
(12/13/82) P P P P P
P P P P P P P P P
Mining
Mining & Quarrying (Low Intensity)
S S
72-42 21
Mining & Quarrying (High Intensity)
S
72-42 21
Construction
General Building Contractor P P P P P
A-425, (09/16) Page 12 of 25
PD
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20S
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20
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15
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10
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Regs
NAICS
General Contractors Other Than
Building P
P P P
Landscaping Contractors (12/13/82) P P P P P
Special Trade Contractors P P P P P
Special Trade & General Contractors
with no Outside Storage (12/5/88) P
P P
P
Manufacturing Industrial
Artisan Manufacturing P P P P P P S
Limited Manufacturing P S P P P
General Manufacturing S P S
Intensive Manufacturing S
Solar Power Farms P P S
Food Processing and Manufacturing
Animal food manufacturing P 3111
Animal slaughtering and processing S 3116
Bakeries and tortilla mfg P P 3118
Beverage mfg P 3121
Dairy product mfg P 3115
Fruit and vegetable preserving and
specialty food mfg
P
3114
Grain and oilseed milling P 3112
Seafood product preparation and
packaging
S
3117
Sugar and confectionery product mfg P 3113
Other food mfg1
P
/
S
P
/
S
3119
Machinery Manufacturing and Services
Agriculture, construction, and mining
machinery mfg
P
3331
Cutlery and handtool mfg P P 3322
1 During the UDO update process, LSL Planning will develop zoning ordinance criteria that staff can use to make a
determination as to whether an unlisted use is similar to a listed use in the TOM U. The criteria will take into account
such factors as use type, density, impacts on surrounding uses and intensity.
A-425, (09/16) Page 13 of 25
PD
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15
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NAICS
Engine, turbine, and power
transmission equipment mfg
P
3336
Hardware mfg P P 3325
Industrial machinery mfg P 3332
Metalworking machinery mfg P 3335
Machine shops; turned product; and
screw, nut, and bolt mfg
P P
3327
Other general purpose machinery
mfg1
P
/
S
P
/
S
3339
Spring and wire product mfg P P 3326
Ventilation, heating, air-
conditioning, and commercial
refrigeration equipment mfg
P P
3334
Computer and Communications Manufacturing
Audio and video equipment mfg P P 3343
Computer and peripheral equipment
mfg
P P
3341
Communications equipment mfg P P 3342
Electronics Manufacturing
Electrical equipment mfg P P 3353
Electric lighting equipment mfg P P 3351
Household appliance mfg P P 3352
Manufacturing and reproducing
magnetic and optical media
P P
3346
Navigational, measuring,
electromedical, and control
instruments mfg
P P
3345
Other electrical equipment and
component mfg1
P
/
S
P
/
S
3359
Semiconductor and other electronic
component mfg
P P
3344
Household and Office mfg
A-425, (09/16) Page 14 of 25
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NAICS
Household and institutional furniture
and kitchen cabinet mfg
P P
3371
Office furniture (including fixtures)
mfg
P P
3372
Other furniture related product mfg1 P P 3379
Textiles and Apparel Manufacturing
Apparel accessories and other
apparel mfg
P P
3159
Apparel knitting mills P P 3151
Cut and sew apparel mfg P P 3151
Fabric mills P P 3132
Fiber, yarn, and thread mills P P 3131
Footwear mfg P P 3162
Leather and hide tanning and
finishing
S
3161
Other leather and allied product
mfg1
P
3169
Other textile product mills1 S P 3149
Textile and fabric finishing and fabric
coating mills
S P
3133
Textile furnishings mills P P 3141
Wood and Paper Manufacturing
Converted paper product mfg P P 3222
Other wood product mfg1
P
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3219
Pulp, paper, and paperboard mills S 3221
Sawmills and wood preservation P 3211
Veneer, plywood, and engineered
wood product mfg
P P
3212
Aluminum and Steel, Metals Production and Manufacturing
Alumina and aluminum production
and processing
S
3313
Architectural and structural metals
mfg
S
3323
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Boiler, tank, and shipping container
mfg
S
3324
Coating, engraving, heat treating,
and allied activities
S
3328
Forging and stamping S 3321
Foundries S 3315
Iron and steel mills and ferroalloy
mfg
S
3311
Nonferrous metal (except aluminum)
production and processing
S
3314
Other fabricated metal product mfg1
P
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3329
Steel product mfg from purchased
steel
S
3312
Transportation Manufacturing
Aircraft assembly, modification &
maintenance2
P P
Aerospace product and parts mfg P S 3364
Motor vehicle mfg P 3361
Motor vehicle body and trailer mfg P 3362
Motor vehicle parts mfg P 3363
Other transportation equipment1
P
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3369
Railroad rolling stock mfg P 3365
Ship and boat building P 3366
Medical and Pharmaceutical Manufacturing
Medical equipment and supplies
mfg2
P
3391
Pharmaceutical and medicine mfg2 P 3254
Chemical, Rubber, Plastic, Glass Manufacturing
Basic chemical mfg S 3251
2 Garner “Optimal Target” industry
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Clay product and refractory P 3271
Explosives mfg S 325920
Fertilizer (mixing only) mfg S 325314
Glass and glass product mfg P 3272
Other chemical product and
preparation mfg1
S
3259
Paint, coating, and adhesive mfg S 3255
Pesticide, fertilizer, and other
agricultural chemical mfg
S
3253
Plastics product mfg S 3261
Rubber product mfg S 3262
Resin, synthetic rubber, and artificial
synthetic fibers and filaments mfg
S
3252
Soap, cleaning compound, and toilet
preparation mfg
S
3256
Asphalt, Cement, and Concrete Manufacturing
Abrasive product mfg P 327910
Asphalt paving mixture and block
mfg
S
324121
Asphalt shingle and coating materials
mfg
S
324122
Cement and concrete product mfg S 3273
Concrete pipe, brick, & block mfg
P
327331
327332
Lime and gypsum product mfg (no
mining)
P
3274
Lime and gypsum product mfg (with
mining)
S
3274
Other concrete product mfg1 S 327390
Other nonmetallic mineral product
mfg1
S
3279
Petroleum and coal products mfg S 3241
Ready-mix concrete mfg (with
mining)
S
327320
Ready-mix concrete mfg (no mining) S 327320
Energy, Fuel, and Natural Resources
Fuel bulk storage facilities S
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Electricity generating facilities S
Pipeline transmission of natural gas S
Other Manufacturing
Other miscellaneous mfg1
P
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P
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3399
Tobacco mfg S 3122
Offices, Financial, Research and Technical Facilities
Blueprinting and photocopying
establishments3
P P P
Consulting services2 P P P
Call centers2 P P P
Financial institutions4 P P P P
Offices, general and professional5 P P P P
Medical and dental laboratories2 P P P
Printing and publishing facilities P P P
Research & development (R&D)
laboratories2
P P P
Radio, television and recording
studios
P S
Server farms P P
Short-term lending or pay-day check
cashing
S P P
Transportation and Warehousing
Airports P
Bus and taxi services and terminals S S P
Cartage, express and parcel delivery
facilities
P P P
Commercial marinas P P P
w/ floating structures S S S
Dry stack storage of boats P P P
3 Known as Business Services Including Printing in existing TOPU
4 Known as Banks, Credit Agencies, Savings & Loans in existing TOPU
5 Known as Offices for Private Business & Professional Activities in existing TOPU
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accessory to a marina P P P
Freight and intermodal terminals S
Livestock sales and auctions P
Mini-warehouses and self-storage
facilities
P P P
Warehousing and distribution
centers
P P P
Water transportation facilities P P P
Wholesaling (with outside storage) P P
no outside storage P P P
with water frontage P P P
Waste Processing and Disposal
Demolition-landscaping landfill S 63.3-3 562219
Junk yards, scrap processing (See
Section 63.3-2)
S
63.3-2 423930
432140
432130
Processing, storage, transfer,
disposal or incineration of solid
waste, hazardous waste or medical
waste
S
Recycling facilities 63.3-4 562920
small collection P P P P 63.3-4 562920
large collection S S P S 63.3-4 562920
processing only S P S 63.3-4 562920
Sanitary landfill S 72-13 562212
Septage, sludge disposal S 72-33 221320
Transportation, Communication, Utilities
Air Transportation P P P P
Bus & Taxi Terminals (2/14/83) P P P P
Commercial Marina with Floating
Structures (4/2/84) S S S S
S S S S S
Commercial Marina (2/14/84) P S S S S S S P P P S
Dry Stack Storage of Boats: (1/7/08)
As a stand-alone
warehouse
P P P
As accessory to a marina P S S S S P P P P
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Electric / Gas & Sanitary Services P P P P P P P P P P P P P P P
Electric Substations P S S S S P P P P P S P P S
Junk Yards, Scrap Processing (See
Section 63.3-2)
P
63.3-2 423930;
423140;
423130
Mini-Warehouses P P P P P
Motor Freight Transportation
Warehousing P
P P P
Post Offices P P P P P P
Railroad Transportation P
Recreational Vehicle and Boat Trailer
Storage Lots (2/3/14) P
P P P P P P
63.10
Telephone & Telegraph Facilities P P P P P P P P P P P P P P P
TV & Radio Broadcasting P P P P S
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 S P P S S S 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 P
Cellular & PCS Antennas (See Section
63.5-1 (H) P 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 P
Wholesaling Seafood With Water
Frontage P
P P P P
Retail Trade
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
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Convenience Food Store (7/5/85) P S 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
Entertainment Establishments, Bars,
Cabarets, Discos P
S P
P P
Entertainment Establishments, Bars,
Cabarets, in a Shopping Center P
P P
P P
Farm Implement Sales P P P P P
Food Stores P 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 P
General Merchandise Stores P P P P P
Handcrafting Small Articles P P P P P
Hardware P P P P P
Landscaping Service P P P P
Miscellaneous Retail P P P P P
Mobile Home Dealers &
Prefabricated Buildings (5/6/85) P
P P P
Retail Nurseries (12/13/82) P P P P S P
Historic Restaurant P S P P P P
Financing, Insurance, Real Estate
Banks, Credit Agencies, Savings &
Loans P
P P P P P
Services
Adult Entertainment Establishments S
Automobile / Boat Repair Sales P P P P P
Automobile Rentals P P P
Barber / Beauty Shop (10/90,
7/10/06) P
P P P P
P 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
S P S
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Drive-In Theater P P
Dry Cleaning / Laundry Plant P P P P P P
Electrical Repair Shop P P P P
Equipment Rental & Leasing P P P P P
Funeral Home P P P P
Golf Courses P P P P P P P P
Hotels & Motels (12/13/82) P P P P
Indoor Recreation Establishments P S S S S S P P P P S S P P S
Outdoor Recreation Establishments P S S S S S P P P P S S S P S
Indoor Theater (2/14/83) P 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 P
Personal Services P 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 P
Health
Adult Day Care P S S S S S P S
Child Care Center (10/7/13) P S S S S S P P S S P P S S
Community Center P S S S S S P S
Family Child Care Home (10/7/13) P P P P P P S S P S 72-20
Group Home (12/14/15) P P P P P P P P 63.11
Hospitals P S S S S S P P S
Nursing Home/Rehabilitation Center
(11/10/08) P S S S S
S P P S
Residential Care (9/8/81) P P P P P S P P P
Educational Services
Colleges, Universities, Professional
Schools & Technical Institutions P S S S S
S P
P S
Elementary & Secondary Schools P P P P P S P P
Libraries P P P P P S P P P P P P
Museums (5/2/83) P P P P P P
Membership Organizations
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Churches P P P P P S 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
S P P P S S
Fraternities / Sororities, Residential P P P
Other
Accessory Buildings or Uses, clearly
incidental to the Permitted Use or
Building (see Section 63.2) P P P P P
P P P P P P P P P P
Cemeteries S 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 S
Private Residential Boating Facility
(9/19/92) P P P P P
P P P
Demolition-Landscape Landfill P P P P P P P P P P P P P P 63.3-3 562219
Duplexes P S P S P
Dwelling Unit Contained within
Principal Use(4/85) P
S S S S S
Electronic Gaming Operations
(5/3/10) (see section 63.10)
S S
Evangelistic and Religious Assemblies
not Conducted at a Church (7/6/92) P P P P P
P P P P P P P P P P
Government Offices & Buildings P S S S S S P P P P P P P P S
High Density Development (3/22/82)
Permitted only within Urban or
Transition Area (2/16/87, 10/11/95) P S S S
S
Home Occupation P P P P P P P P
Mobile Home S P P P S S P S
Mobile Home, Doublewide (6/7/82) P 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 S
Mobile Home Subdivision (6/1/92) S S S S S S
Offices for Private Business &
Professional Activities
P
P
P
P
P
P
P
P
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Outdoor Advertising P P P
Pumpkin Sales (7/6/92) P P P P P P P P
Principal Use Sign P P P P P P P P
Research Facilities P P P P P
Residential Private Pier P P P P P P P
Sanitary Landfill S 72-13 562212
Septage, Sludge Disposal (7/6/83,
8/1/83)
S
72-33 221320
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 P S S P 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 (7/6/92) P P P P P
P P P P P P P P P
Temporary Sign P P P P P P P P P P P P P P P
Recycling Facilities: (1/3/89)
Small Collection P S S S S S P P P P S S P P 63.3-4 562920
Large Collection P S S S S S P P P S S P S 63.3-4 562920
Processing P P S 63.3-4 562920
Large Collection with Processing S S S S 63.3-4 562920
Uses of the same nature or class as
uses in this district but not listed
elsewhere in this ordinance, in
accordance with the criteria
specified in Section 50.5-2
S
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S
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S
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S
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S
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S
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S
/
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S
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S
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S
/
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S
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S
/
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50.2-1: Tabulation of Permitted Uses 330
Within the various zoning districts as indicated on the official zoning map, New Hanover County, North 331
Carolina, and subject to all requirements and conditions specified in this ordinance; land, buildings, and 332
structures may only be used and buildings and structures may only be erected which are intended or 333
designed to be used for uses listed in the table of permitted uses. In the appropriate columns of the 334
following table, permitted uses in the various districts are indicated by a "P" while uses permitted only 335
as a special use subject to the provisions of Section 72 are indicated by an "S". (1/5/81) 336
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50.2-2: Similar Uses. Every type of potential use cannot be addressed in this ordinance, each 338
district provides for "similar uses" referencing this section. All requests for a use not specifically 339
addressed in any zoning district shall be submitted to the planning director for review, based on 340
the following standards. 341
1. A finding has been made by the planning director that the proposed use is not listed as a 342
permitted or conditional use in any zoning district. 343
2. If the use is not addressed in this ordinance, the planning director shall select the use 344
listed which most closely approximates the proposed use, using criteria such as the 345
nature of the use, conformance with the purpose of the zoning district in which it is 346
proposed, aesthetics, traffic characteristics, and potential nuisance effects (noise, 347
vibration, dust, smoke, odor, glare, hours of operation). 348
3. Once a similar use is determined, the proposed use shall comply with any conditions 349
and review procedures that may apply to that use, including the conditional use 350
requirements of Section 55, as applicable. 351
4. If the planning director determines a proposed use is not similar to any use addressed in 352
the ordinance, the applicant may petition for an amendment to the ordinance, as 353
described in Article XI. 354
5. The determination as to whether a proposed use is similar in nature and class to 355
another permitted or conditional use within a district shall be considered as an 356
expansion of the use regulations, not a variance applying to a particular situation. 357
Any use determined by the planning director to be similar shall thereafter be included in the 358
enumeration of the uses. 359
360
Note 8: The footnote #1 on page 11 from LSL Planning states that criteria used for making a
determination for unlisted or similar uses will be developed during the UDO process; however,
LSL has provided the above criteria for inclusion at this time as a new section, Section 50.2-2.
A-425, (09/16) Page 25 of 25
REVIEW AND ACTION:
This request has been processed and reviewed per Section 110 – Amending the Ordinance. Notices of the
petition request have been disseminated per the requirements of the Zoning Ordinance.
Action Needed
Motion to recommend approval of the staff recommended version of the proposal or an
amended version of the proposal
Motion to “table” the item in order to receive more information
Motion to recommend denial of the amendment request based on specific reasons
Example Motion for Approval:
Motion to recommend approval, as the Planning Board finds that this request for a zoning ordinance
amendment is:
1. Consistent with the purposes and intent of the 2016 Comprehensive Land Use Plan because
[Describe elements of controlling land use plans and how the amendment is consistent].
2. Reasonable and in the public interest because [Briefly explain why. Factors may include public
health and safety, character of the area and relationship of uses, applicable plans, or balancing
benefits and detriments.].
Example Motion for Denial:
Motion to recommend denial, as the Planning Board finds that this request for a zoning ordinance
amendment is:
1. Not Consistent with the purposes and intent of the 2016 Comprehensive Land Use Plan because
[Describe elements of controlling land use plans and how the amendment is not consistent].
2. Not reasonable or in the public interest because [Briefly explain why not. Factors may include
public health and safety, character of the area and relationship of uses, applicable plans, or
balancing benefits and detriments.].