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HomeMy WebLinkAbout2016-09-29 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 R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp 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 R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp 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 R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs 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 PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs 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 / S P / S 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 A-425, (09/16) Page 15 of 25 PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS 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 / S 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 / S 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 A-425, (09/16) Page 16 of 25 PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS 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 A-425, (09/16) Page 17 of 25 PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS Electricity generating facilities S Pipeline transmission of natural gas S Other Manufacturing Other miscellaneous mfg1 P / S P / S 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 A-425, (09/16) Page 18 of 25 PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS 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 A-425, (09/16) Page 19 of 25 PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS 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 A-425, (09/16) Page 20 of 25 PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS 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 A-425, (09/16) Page 21 of 25 PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS 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 A-425, (09/16) Page 22 of 25 PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS 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 A-425, (09/16) Page 23 of 25 PD R 20S R 20 R 15 R 10 R 7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS 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 / P S / P S / P S / P S / P S / P S / P S / P S / P S / P S / P S / P S / P S / P S / P S / P 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 A-425, (09/16) Page 24 of 25 337 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.].