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HomeMy WebLinkAboutA-425 Updated after 11.15.16 PB Work Session Page 1 of 10 A-425 Text Amendment “Clean” Version Last Update: November 3, 2016 The language below represents a “clean” version of the A-425 text amendment proposal. This version adds a definition to Article II, strikes Section 53.3-4.1 in Article V, revises Section 111-2.1, and shows how Article VII of the New Hanover County Zoning Ordinance would appear based on changes made after the 8/30/16, 9/22/16, and 9/29/16, and 11.15.16 Planning Board work sessions. ARTICLE II: DEFINITIONS 1 2 Manufacturing 3 4 Artisan Manufacturing- On-site production of goods by hand manufacturing involving the 5 use of hand tools and small-scale light mechanical equipment. Typical uses include 6 woodworking and cabinet shops, ceramic studios, jewelry manufacturing and similar 7 types of arts and crafts or very small-scale manufacturing uses that have very limited, if 8 any, negative external impacts on surrounding properties, water resources, air quality 9 and/or public health. 10 11 Limited Manufacturing- Manufacturing of finished parts or products, primarily from 12 previously prepared materials. Typical uses include: printing and related support 13 activities; machinery manufacturing; food manufacturing; computer and electronic 14 product manufacturing; electrical equipment, appliance, component 15 manufacturing/assembly; furniture and related product manufacturing/assembly; and 16 other manufacturing and production establishments that typically have very limited, if 17 any, negative external impacts on surrounding properties, water resources, air quality 18 and/or public health. 19 20 General Manufacturing-Manufacturing, bulk storage, and/or handling of finished or 21 unfinished products primarily from extracted, raw, recycled, or secondary materials. 22 Typical uses include textile mills; textile product mills; apparel manufacturing; leather and 23 allied product manufacturing; wood product manufacturing; plastics and rubber products 24 manufacturing; nonmetallic mineral product manufacturing; transportation equipment 25 manufacturing; primary metal manufacturing; and fabricated metal product 26 manufacturing. 27 28 Industrial service firms engaged in the repair or servicing of industrial or commercial 29 machinery, equipment, products, or by-products. Typical uses include: welding shops; 30 machine shops; industrial tool repair; fuel oil distributors; solid fuel yards; and carpet 31 cleaning plants. General manufacturing facilities include those operations that do not 32 have significant negative external impacts on surrounding properties, water resources, 33 air quality and/or public health. 34 35 Intensive Manufacturing- Manufacturing and processing of products and chemicals 36 including but not limited to: acetylene, lime, gypsum or plaster-of-Paris, stone, clay, 37 glass, cement, concrete, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, 38 poisons, explosives, paint, lacquer, varnish, petroleum products, coal, plastic and 39 synthetic resins, and radioactive materials. This group also includes smelting, animal 40 Page 2 of 10 slaughtering, paper manufacturing, oil refining, fuel bulk storage facilities, and electricity 41 generating facilities, as well as any manufacturing or processing facility which has a high 42 potential for significant negative external impacts on surrounding properties, water 43 resources, air quality and/or public health. 44 45 Sunshine List – A list of email addresses of persons or organizations with a standing written request on 46 file with the Clerk to the Planning Board. 47 48 ARTICLE V: DISTRICT REGULATIONS 49 50 Section 53.3: I-2 Heavy Industrial 51 52 53.3-.4.1: Review of external effects. All uses in the I-2 zoning district must operate in compliance 53 with current standards for sound, vibration, heat discharge, glare, odor, air quality and water 54 quality, as applicable under federal, state, and local regulations. For uses that require a Special 55 Use Permit, a non-binding narrative must accompany the application that shall include a 56 disclosure of the projected external impacts of the project, including information about 57 anticipated federal and/or state permits that will be required. Section 71 further describes the 58 special use permit approval process. The County may require additional information deemed 59 reasonable to assess the impacts and effects of a project on a community including plans, 60 specifications, and other information deemed necessary to determine compliance with the review 61 criteria. Federal, State and /or local environmental agencies may be consulted to advise the 62 Planning and Inspections Department on applications for Special Use Permits. 63 64 ARTICLE VII: PROVISIONS FOR USES ALLOWED AS SPECIAL USES 65 66 Section 70: General Information, Applications, Process, Public Notice, Public Hearings, Review and 67 Decision, and Conclusions Required for Approval 68 69 70-1: General 70 71 (1) Special Use Permits add flexibility to the Zoning Ordinance. Subject to high 72 standards of planning and design, certain property uses may be allowed in the 73 several districts where these uses would not otherwise be acceptable. By means 74 of controls exercised through the Special Use Permit procedures, property uses 75 which would otherwise be undesirable in certain districts may be developed to 76 minimize any negative external effects they might have on surrounding 77 properties. 78 79 (2) Any use or development designated by applicable zoning district regulations as a 80 special use, or as allowed only pursuant to a special use permit, may be 81 established in that district only after the use or development is authorized by a 82 validly issued special use permit. 83 84 70-2: Applications 85 86 (1) Applications for a Special Use Permit shall be submitted to the Planning Director 87 or their designee by the owner or owners, or their duly authorized agent, of the 88 Page 3 of 10 property subject to the Special Use Permit petition at least 20 business days prior 89 to an adopted Planning Board meeting date. For Intensive Manufacturing uses, 90 the application must be submitted at least 35 business days prior to the Planning 91 Board meeting date. A schedule of adopted Planning Board meeting dates and 92 the application deadlines shall be available at the Planning Department. Any 93 additional information, documents, etc. submitted after the application deadline 94 must be submitted no later than 10 business days prior to the Planning Board 95 meeting date to be included in the Planning Board agenda package. Additional 96 information and documents may be submitted during the public hearings; 97 however, as much information should be included with the application as 98 possible to demonstrate that the four required conclusions for approval can be 99 met. 100 101 (2) Applications for a Special Use Permit shall include the following to be considered 102 a complete application: 103 (A) Completed and signed application form for a Special Use Permit 104 (B) Traffic Impact Worksheet 105 (C) Traffic Impact Analysis (only applicable for development proposals that 106 exceed 100 peak hour trip generation) 107 (D) Site Plan, including: the elements listed in Section 60.1 108 1. Tract boundaries and total area, location of adjoining parcels and 109 roads 110 2. Proposed use of land, structures and other improvements. For 111 residential uses, this shall include number, height and type of 112 units and area to be occupied by each structure and/or 113 subdivided boundaries. For non-residential structures, this shall 114 include approximate square footage and height of each 115 structure, an outline of the area it will occupy and the specific 116 purpose for which it will be used. 117 3. Development schedule including proposed phasing. 118 4. Traffic and Parking Plan to include a statement of impact 119 concerning local traffic near the tract, proposed right-of-way 120 dedication, plans for access to and from the tract, location, width 121 and right-of-way for internal streets and location, arrangement 122 and access provision for parking areas. 123 5. All existing and proposed easements, reservations, required 124 setbacks, rights-of-way, buffering and signage 125 6. The one hundred (100) year floodplain line, if applicable 126 7. Location and sizing of trees required to be protected under 127 Section 62 of the Zoning Ordinance 128 8. The approximate delineation of Corps of Engineers Section 404 129 and Section 10 Wetlands. 130 9. Any additional conditions and requirements, which represent 131 greater restrictions on development and use of the tract than the 132 corresponding General Use District regulations or other 133 limitations on land which may be regulated by State law or Local 134 Ordinance. 135 Page 4 of 10 10. Any other information that will facilitate review of the proposed 136 change (Ref. Article VII, as applicable) 137 138 (D)(E) Narrative of proposal depicting the nature and scope of the proposed 139 development 140 (E)(F) At the discretion of the petitioner, supplemental information, plans, 141 and/or documents that the petitioner intends to use to demonstrate at 142 the public hearing that the conclusions required for approval in Section 143 70-7 are met 144 (F)(G) Authority for Appointment of Agent Form (only applicable if the petition 145 for Special Use Permit is submitted by an agent for the property owner(s)) 146 (G)(H) Application fee based on the adopted fee schedule 147 (I) Community information meeting report for community information 148 meeting per Section 111-2.1 (only for uses classified as Intensive 149 Manufacturing) 150 (H)(J) For proposed uses in the Intensive Manufacturing category only, the 151 applicant shall identify, in the application, any local, state, or federal 152 permit (other than the special use permit being sought in the application) 153 which the applicant reasonably believes at the time of submitting the 154 application will be required to be obtained before eh applicant may 155 legally engage in the proposed use. The applicant’s identification of 156 permits shall include, but shall not be limited to, as applicable, permits 157 pertaining to air quality, water quality, wetlands, endangered species, 158 and groundwater. For purposes of this section, the requirement that the 159 applicant identify any “permit” for “groundwater” shall include any 160 requirement that the applicant report to or notify any local, state, or 161 federal agency of groundwater and/or aquifer withdrawals pursuant to 162 applicable local, state, or federal law. The applicant may be required to 163 provide additional information to demonstrate that the four required 164 conclusions have been met. 165 166 (3) Specific requirements of application requirements may be waived by the 167 respective reviewer, planning director, or planning board, where it is determined 168 that the required information is not applicable to the subject request. 169 170 70-3: Process: 171 172 (1) In order to assist applicants through the process for obtaining a Special Use 173 Permit, applicants may request a pre-application conference with NHC planning 174 staff prior to application submittal. 175 176 (2) The Planning Director or their designee shall review application packages and 177 respond to the petitioner as soon as possible but at most within 5 business days 178 following the application submission to notify the petitioner in writing including 179 regular mail or e-mail of any omissions to the requirements under Section 70-2(2) 180 that render the application incomplete. This review for completeness is to ensure 181 that each of the applicable documents have been submitted as part of the 182 Page 5 of 10 application, and not to verify or substantiate the information provided within the 183 application package. 184 185 (3) Applications with no omissions to the requirements under Section 70-2(2) shall 186 be deemed complete and be calendared for a public hearing at the earliest 187 upcoming next scheduled Planning Board meeting satisfying the application 188 requirements.that allows time for the required legal notices. The Planning 189 Director or their designee shall respond to the petitioner as soon as possible but 190 at most within 5 business days following the application submission in writing 191 including regular mail or e-mail to notify them that the application was deemed 192 complete and confirm the date of the Planning Board meeting at which the public 193 hearing will be held. 194 195 (4) Within 10 business days following an application deadline, complete applications 196 for special use permit petitions shall be posted on the Planning Department web 197 page (www.planningdevelopment.nhcgov.com) in addition to the date, time, and 198 location of the Planning Board meeting at which the public hearing will be 199 calendared. Notification of the posting of the special use permit application(s) 200 and meeting information shall also be sent to the Sunshine List. Any additional 201 information received from the petitioner after the application deadline shall also 202 be posted on the web page. 203 204 (5) In preparation for the public hearing at the Planning Board for a petition for a 205 special use permit, the Planning Director or their designee shall analyze the 206 information and materials provided in the application package to provide a 207 summary of the request and preliminary findings of fact in the form of a report 208 to be included in the agenda package for the Planning Board meeting. The intent 209 of the report is to inform the Planning Board of whether the Conclusions Required 210 for Approval in Section 71-4 have been met or to identify, from staff’s 211 perspective, issues or areas that the Planning Board may need more information 212 on in order to provide a recommendation to the Board of County Commissioners 213 whether each of the required conclusions in Section 70-7 have been met. The 214 staff analysis report shall be published by the Clerk to the Planning Board as part 215 of the agenda package for the Planning Board meeting. 216 217 (6) In preparation for the public hearing at the Board of County Commissioners for a 218 petition for a special use permit, the Planning Director or their designee shall 219 prepare a report summarizing the Special Use Permit request, the information 220 and materials provided in the application package and presented at the Planning 221 Board public hearing(s), the Planning Board’s recommendations, and preliminary 222 findings of fact. The intent of the report is to inform the Board of County 223 Commissioners of whether the Conclusions Required for Approval in Section 71-224 4 have been met or to identify, from staff’s perspective, issues or areas that the 225 Board of County Commissioners may need more information on in order to reach 226 a required conclusion. The staff analysis report shall be published by the Clerk to 227 the Board of County Commissioners as part of the agenda package for the County 228 Commissioners meeting. 229 Page 6 of 10 230 70-4: Public Notice 231 232 (1) Public notice for a petition for a special use permit shall be disseminated per 233 Section 112.1 of the Zoning Ordinance. 234 235 70-5: Public Hearings 236 237 (1) A public hearing at the Planning Board for the special use permit application shall 238 be calendared per Section 70-3(3). 239 240 (2) The public hearing for the special use permit application at the Planning Board 241 shall be held in a quasi-judicial format. At the hearing, the Planning Board hears 242 factual evidence presented at an evidentiary hearing, then makes 243 recommendations for findings of fact supported by competent, substantial, and 244 material evidence. Based on those recommended findings, the Planning Board 245 may render a recommendation to the County Commissioners on whether each of 246 the required conclusions specified in Section 70-7 can be reached. 247 248 (3) The Planning Board may continue the hearing to a later meeting to accommodate 249 the presentation of additional testimony or evidence. If the time and place of the 250 continued hearing is announced in open session during the hearing, no further 251 notice need be given for the continued hearing. 252 253 (4) A public hearing at the Board of County Commissioners shall be calendared 254 following the public hearing at which the Planning Board makes a 255 recommendation. 256 257 (5) The public hearing for the special use permit application at the Board of County 258 Commissioners shall held in a quasi-judicial format. At the hearing, the Board 259 hears factual evidence presented at an evidentiary hearing, then makes findings 260 of fact supported by competent, substantial, and material evidence. Based on 261 those findings, the Board of County Commissioners decides whether or not it can 262 reach each of the required conclusions specified in Section 70-7 below. 263 264 (6) The Board of County Commissioners may continue the hearing to a later meeting 265 to accommodate the presentation of additional testimony or evidence. If the time 266 and place of the continued hearing is announced in open session during the 267 hearing, no further notice need be given for the continued hearing. 268 269 70-6 Review and Decision: 270 271 (1) The applicant bears the burden of presenting sufficient evidence in support of the 272 application to allow the Board of County Commissioners, after weighing such 273 evidence against that presented in opposition to the application, to make findings 274 of fact that reasonably support each of the required conclusions outlined in 275 Section 70-7 as well as any applicable specific standards for the proposed use as 276 Page 7 of 10 required by Section 72. If that burden is met, the Board of County Commissioners 277 must approve the application. If that burden is not met, the Board of County 278 Commissioners must deny the application, provided that if the Board of County 279 Commissioners determines that specific minor changes or additions to, or 280 restrictions on, the proposed development are necessary and sufficient to 281 overcome impediments to its reaching the required conclusions, it may approve 282 the application subject to reasonable conditions requiring such changes or 283 additions or imposing such restrictions. Such conditions may include time limits 284 for completion of development or for the start or end of certain uses or activities. 285 286 (2) A motion to approve the application must state the required conclusions and 287 include findings of fact on which the conclusions are based, plus any proposed 288 conditions of approval. The favorable vote of a majority of Board of County 289 Commissioners members present is necessary to pass such a motion. A motion to 290 deny the application must state which of the required conclusions cannot be 291 reached and include findings of fact on which the inability to reach the 292 conclusions is based. The favorable vote of a majority of Board of County 293 Commissioners members present is necessary to pass such a motion. If a motion 294 to approve the application fails, the application is deemed denied, and those 295 members voting against the motion must state which of the required conclusions 296 they could not reach as well as findings of fact on which their inability to reach 297 the conclusions is based. 298 299 (3) Every decision by the Board of Commissioners issuing or denying a special use 300 permit shall be subject to review by the Superior Court by proceedings in the 301 nature of certiorari. Any petition for review by the Superior Court shall be filed 302 with the Clerk of Superior Court within 30 days after the decision of the Board is 303 filed in the Office of the Clerk to the Board, or after a written copy thereof is 304 delivered to every aggrieved party who has filed a written request for such copy 305 with the Clerk or Chairman of the Board at the time of the hearing of the case, 306 whichever is later. 307 308 70-7: Conclusions Required for Approval – The Board of County Commissioners shall approve 309 an application for a special use permit if it reaches each of the following conclusions based on 310 findings of fact supported by competent, substantial, and material evidence presented at the 311 hearing. 312 313 (1) The use will not materially endanger the public health or safety if located where 314 proposed and approved. 315 (2) The use meets all required conditions and specifications of the Zoning Ordinance; 316 (3) The use will not substantially injure the value of adjoining or abutting property, 317 or that the use is a public necessity. 318 319 (4) The location and character of the use if developed according to the plan as 320 submitted and approved will be in harmony with the area in which it is to be 321 located and in general conformity with the Comprehensive Land Use Plan for New 322 Hanover County. 323 Page 8 of 10 324 Section 71: Validity, Extensions, and Changes for Approved Special Use Permits; Resubmittals of Denied 325 Applications 326 327 71-1: Validity and Extensions of Approved Special Use Permits: 328 329 (1) A special use permit, issued by the Board of County Commissioners, shall become 330 null and void if construction or occupancy of the proposed use as specified on the 331 special use permit is not commenced within twenty-four (24) months of the date 332 of issuance. If an extension is desired, a request must be submitted in writing to 333 the New Hanover County Planning Department prior to the expiration. 334 Extensions may be granted in accordance with Section 112-6 of the Ordinance. 335 336 (2) In the event of failure to comply with the plans approved by the Board of County 337 Commissioners or with any other conditions imposed upon the special use 338 permit, the permit shall thereupon immediately become void and of no effect. 339 No building permits for further construction or certificates of occupancy under 340 this special use permit shall be issued, and all completed structures shall be 341 regarded as non-conforming uses subject to the provisions of Article IV of this 342 Ordinance provided, however, that the Board of County Commissioners shall not 343 be prevented from thereafter rezoning said property for its most appropriate use. 344 345 71-2 Changes to Approved Special Use Permits: 346 347 (1) The original applicant(s), their successors or their assignee may make minor 348 changes in the location and/or size of structures provided the necessity for these 349 changes is clearly demonstrated. Minor changes shall be reviewed by the 350 Planning Department and upon favorable recommendation by the Planning 351 Director may be approved by the Zoning Administrator. Such approval shall not 352 be granted should the proposed revisions cause or contribute to: 353 (A) A change in the character of the development. 354 (B) A change of design for, or an increase in the hazards to pedestrian and 355 vehicle traffic circulation, or 356 (C) A modification in the originally approved setbacks from roads and/or 357 property lines exceeding ten percent. 358 359 71-3 Resubmittals: 360 361 (1) An application for a special use which has been previously denied may be 362 resubmitted only if there has been a change in circumstances as determined by 363 the Planning Director or the director's designee. Evidence presented in support 364 of the new application shall initially be limited to what is necessary to enable the 365 Planning Director to determine whether there has been a substantial change in 366 the facts, evidence, or conditions of the case and shall include: 367 (A) Circumstances affecting the property that is the subject of the application 368 which have substantially changed since the denial; or 369 Page 9 of 10 (B) New information available since the denial that could not with 370 reasonable diligence have been presented at a previous hearing. 371 If the Planning Director deems the evidence substantially changed, the proposal 372 may be resubmitted as a new application. Appeal of the Planning Director’s 373 decision may be made to the Board of County Commissioners. 374 375 376 ARTICLE XI: AMENDMENTS 377 378 379 111-2.1: Required community information meeting before consideration 380 381 382 Before an application will be accepted as complete for a zoning amendment or special 383 use permit for proposals involving Planned Development, Riverfront Mixed Use District, 384 Conditional Use Zoning District, Conditional Zoning District, or Exceptional Design Zoning 385 District, (11/13/12) or special use permits for uses classified as intensive manufacturing 386 the petitioner must include a written report of at least one (1) community information 387 meeting held by the petitioner. The community meeting shall be held prior to submission 388 of the application for map amendment, but after a pre-application conference with 389 Planning & Inspections staff. (11/13/12) for projects that require a pre-application 390 conference. The primary purpose of the community meeting is to explain the upcoming 391 proposal and field questions from people in the surrounding area. 392 393 The applicant shall provide written notice by mail or other agreed upon measure at least 394 ten days prior to the date of the neighborhood meeting. Notice shall be provided to each 395 owner of record of land and any current tenants within 500 feet of and on the property 396 for which development approvals are sought. Notice shall also be provided to (11/13/12) 397 organizations entitled to notice based on a standing written request on file with the Clerk 398 to the Planning Board (“Sunshine List”). The meeting should focus on information 399 exchange between an applicant and the specific invitees but should be open to the 400 general public as well. 401 402 The report shall include, at a minimum the following: 403 404 (1) A list of those that were not able to be contacted and reason(s) why contact was not 405 successful 406 (2) Date, time and location of the meeting; 407 (3) Roster of the persons in attendance at the meeting; 408 (4) Summary of issues discussed at the meeting; and 409 (5) Description of any changes or adjustments to the rezoning petition made by the 410 petitioner as a result of the community meeting. 411 412 In the event the petitioner has not held at least one (1) meeting pursuant to this 413 subsection, the petitioner shall file a report documenting efforts that were made to 414 arrange such a meeting and stating the reasons such a meeting was not held. The 415 adequacy of a meeting held or report filed pursuant to this section shall be considered by 416 Page 10 of 10 the Planning Board in its decision and by the County Commissioners, as appropriate but 417 shall not be subject to judicial review. (9/07) 418 419 420 421