A-425 Staff SummaryA-425, (09/16) Page 1 of 18
ZONING ORDINANCE AMENDMENT REQUEST
CASE: A-425, 09/16
PETITIONER: Planning Staff
REQUEST: Amend Zoning Ordinance Article II, Article V, Article VII, and Article XI
BACKGROUND AND SUMMARY:
In March 2016, New Hanover County staff facilitated a meeting with community representatives both in support and
opposition to draft ordinance revisions that were created after a series of stakeholder input meetings led by the North
Carolina Coastal Federation. 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 analyzed in July 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 industrial use classification utilizing the North American Industrial Classification System
(NAICS) coding.
Planning Staff presented the LSL Planning’s recommendations to the Planning Board at their August 30, 2016 work session
and their September 8, 2016 meeting. After deliberation, the Planning Board decided that the amendment would benefit
from extended review and discussion at work sessions, which occurred on September 22, September 29, November 15,
and December 8.
The version below reflects the changes made at the four work sessions. There are two components to this amendment:
the changes to the Zoning Ordinance text in Article II, Article V, Article VII, and Article XI, and the changes to the Table of
Permitted Uses.
Changes to Article II include striking the definitions for Limited Manufacturing and General Manufacturing, and amending
the definition for Intensive Manufacturing. Additionally, a new definition is added for Sunshine List. Within Article V,
Section 53.3-4.1 (Review of External Effects) is stricken. In Article VII, Section 70 is completely overhauled to provide more
logical organization, clarity, and predictable processes for application, review, and decision making for Special Use Permits.
Finally, Section 111-2.1 within Article XI is updated to reflect the newly required community information meeting for
special use permit requests for intensive manufacturing use proposals.
The starting the point for the revised Table of Permitted Uses was the version recommended in 2014 by the Planning
Board. This version breaks down the manufacturing uses using the North American Industrial Classification System (NAICS)
coding, providing clear discernment between use classifications. The table was then modified during the Planning Board
work sessions to amend how certain manufacturing and industrial uses are regulated within certain zoning districts.
After consideration of feedback heard following the Planning Board work sessions, minor changes were made to the
ordinance text and the table of permitted uses, shown in yellow highlight below.
This text amendment was tabled at the January 5, 2017 Planning Board meeting to allow additional time for public review
and comment.
A-425, (09/16) Page 2 of 18
ARTICLE II: DEFINITIONS 1
2
Manufacturing 3
4
Artisan Manufacturing- On-site production of goods by hand manufacturing involving the use of 5
hand tools and small-scale light mechanical equipment. Typical uses include woodworking and 6
cabinet shops, ceramic studios, jewelry manufacturing and similar types of arts and crafts or very 7
small-scale manufacturing uses that have very limited, if any, negative external impacts on 8
surrounding properties, water resources, air quality and/or public health. 9
10
Limited Manufacturing- Manufacturing of finished parts or products, primarily from previously 11
prepared materials. Typical uses include: printing and related support activities; machinery 12
manufacturing; food manufacturing; computer and electronic product manufacturing; electrical 13
equipment, appliance, component manufacturing/assembly; furniture and related product 14
manufacturing/assembly; and other manufacturing and production establishments that typically 15
have very limited, if any, negative external impacts on surrounding properties, water resources, 16
air quality and/or public health. 17
18
General Manufacturing-Manufacturing, bulk storage, and/or handling of finished or unfinished 19
products primarily from extracted, raw, recycled, or secondary materials. Typical uses include 20
textile mills; textile product mills; apparel manufacturing; leather and allied product 21
manufacturing; wood product manufacturing; plastics and rubber products manufacturing; 22
nonmetallic mineral product manufacturing; transportation equipment manufacturing; primary 23
metal manufacturing; and fabricated metal product manufacturing. 24
25
Industrial service firms engaged in the repair or servicing of industrial or commercial machinery, 26
equipment, products, or by-products. Typical uses include: welding shops; machine shops; 27
industrial tool repair; fuel oil distributors; solid fuel yards; and carpet cleaning plants. General 28
manufacturing facilities include those operations that do not have significant negative external 29
impacts on surrounding properties, water resources, air quality and/or public health. 30
31
Intensive Manufacturing - Uses listed under the heading “Intensive Manufacturing” in the Table 32
of Permitted Uses shall be considered Intensive Manufacturing uses. Manufacturing and 33
processing of products and chemicals including but not limited to: acetylene, lime, gypsum or 34
plaster-of-Paris, stone, clay, glass, cement, concrete, chlorine, corrosive acid or fertilizer, 35
insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal, 36
plastic and synthetic resins, and radioactive materials. This group also includes smelting, animal 37
slaughtering, paper manufacturing, oil refining, fuel bulk storage facilities, and electricity 38
generating facilities, as well as any manufacturing or processing facility which has a high potential 39
for significant negative external impacts on surrounding properties, water resources, air quality 40
and/or public health. 41
42
Note: Articles II and V are proposed to be revised based on the changes below. Black text represents
existing Zoning Ordinance Text. Red and Underlined text is text proposed to be added. Red and
Strikethrough text is text proposed to be deleted.
A-425, (09/16) Page 3 of 18
Sunshine List – A list of email addresses on file with the Clerk to the Planning Board of persons or 43
organizations with a standing written request or subscription to receive public meeting notices. 44
45
ARTICLE V: DISTRICT REGULATIONS 46
47
Section 53.3: I-2 Heavy Industrial 48
49
53.3-.4.1: Review of external effects. All uses in the I-2 zoning district must operate in compliance 50
with current standards for sound, vibration, heat discharge, glare, odor, air quality and water 51
quality, as applicable under federal, state, and local regulations. For uses that require a Special 52
Use Permit, a non-binding narrative must accompany the application that shall include a 53
disclosure of the projected external impacts of the project, including information about 54
anticipated federal and/or state permits that will be required. Section 71 further describes the 55
special use permit approval process. The County may require additional information deemed 56
reasonable to assess the impacts and effects of a project on a community including plans, 57
specifications, and other information deemed necessary to determine compliance with the review 58
criteria. Federal, State and /or local environmental agencies may be consulted to advise the 59
Planning and Inspections Department on applications for Special Use Permits. 60
61
62
63
ARTICLE VII: PROVISIONS FOR USES ALLOWED AS SPECIAL USES 64
65
Section 70: General Information, Applications, Process, Public Notice, Public Hearings, Review and 66
Decision, and Conclusions Required for Approval 67
68
70-1: General 69
70
(1) Special Use Permits add flexibility to the Zoning Ordinance. Subject to high 71
standards of planning and design, certain property uses may be allowed in the 72
several districts where these uses would not otherwise be acceptable. By means 73
of controls exercised through the Special Use Permit procedures, property uses 74
which would otherwise be undesirable in certain districts may be developed to 75
minimize any negative external effects they might have on surrounding 76
properties. 77
78
(2) Any use or development designated by applicable zoning district regulations as a 79
special use, or as allowed only pursuant to a special use permit, may be 80
established in that district only after the use or development is authorized by a 81
validly issued special use permit. 82
83
70-2: Applications 84
85
Note: Article VII is proposed to be replaced in its entirety with the text below.
A-425, (09/16) Page 4 of 18
(1) Applications for a Special Use Permit shall be submitted to the Planning Director 86
or their designee by the owner or owners, or their duly authorized agent, of the 87
property subject to the Special Use Permit petition at least 20 business days prior 88
to an adopted Planning Board meeting date. For Intensive Manufacturing uses, 89
the application must be submitted at least 35 business days prior to the Planning 90
Board meeting date. A schedule of adopted Planning Board meeting dates and 91
the application deadlines shall be available at the Planning Department. Any 92
additional information, documents, etc. submitted after the application deadline 93
must be submitted no later than 10 business days prior to the Planning Board 94
meeting date to be included in the Planning Board agenda package. Additional 95
information and documents may be submitted during the public hearings; 96
however, as much information should be included with the application as 97
possible to demonstrate that the four required conclusions for approval can be 98
met. 99
100
(2) Applications for a Special Use Permit shall include the following to be considered 101
a complete application: 102
(A) Completed and signed application form for a Special Use Permit 103
(B) Traffic Impact Worksheet 104
(C) Traffic Impact Analysis (only applicable for development proposals that 105
exceed 100 peak hour trip generation) 106
(D) Site Plan, including: 107
1. Tract boundaries and total area, location of adjoining parcels and 108
roads 109
2. Proposed use of land, structures and other improvements. For 110
residential uses, this shall include number, height and type of 111
units and area to be occupied by each structure and/or 112
subdivided boundaries. For non-residential structures, this shall 113
include approximate square footage and height of each 114
structure, an outline of the area it will occupy and the specific 115
purpose for which it will be used. 116
3. Development schedule including proposed phasing. 117
4. Traffic and Parking Plan to include a statement of impact 118
concerning local traffic near the tract, proposed right-of-way 119
dedication, plans for access to and from the tract, location, width 120
and right-of-way for internal streets and location, arrangement 121
and access provision for parking areas. 122
5. All existing and proposed easements, reservations, required 123
setbacks, rights-of-way, buffering and signage 124
6. The one hundred (100) year floodplain line, if applicable 125
7. Location and sizing of trees required to be protected under 126
Section 62 of the Zoning Ordinance 127
8. The approximate location of US Army Corps of Engineers Clean 128
Water Act Section 404 and Rivers and Harbors Act Section 10 129
A-425, (09/16) Page 5 of 18
Wetlands, and wetlands under jurisdiction of the NC Department 130
of Environmental Quality. 131
9. Any additional conditions and requirements, which represent 132
greater restrictions on development and use of the tract than the 133
corresponding General Use District regulations or other 134
limitations on land which may be regulated by Federal or State 135
law or Local Ordinance. 136
10. Any other information that will facilitate review of the proposed 137
change (Ref. Article VII, as applicable) 138
139
(E) Narrative A written description of proposal depicting the nature and 140
scope of the proposed development. 141
(F) At the discretion of the petitioner, supplemental information, plans, 142
and/or documents that the petitioner intends to use to demonstrate at 143
the public hearing that the conclusions required for approval in Section 144
70-7 are met 145
(G) Authority for Appointment of Agent Form (only applicable if the petition 146
for Special Use Permit is submitted by an agent for the property owner(s)) 147
(H) Application fee based on the adopted fee schedule 148
(I) Community information meeting report for community information 149
meeting per Section 111-2.1 (only for uses classified as Intensive 150
Manufacturing) 151
(J) For proposed uses in the Intensive Manufacturing category only, the 152
applicant shall identify, in the application, any local, state, or federal 153
permit (other than the special use permit being sought in the application) 154
which the applicant reasonably believes at the time of submitting the 155
application will be required to be obtained before the applicant may 156
legally engage in the proposed use. The applicant’s identification of 157
permits shall include, but shall not be limited to, as applicable, permits 158
pertaining to air quality, water quality, wetlands, endangered species, 159
and groundwater. For purposes of this section, the requirement that the 160
applicant identify any “permit” for “groundwater” shall include any 161
requirement that the applicant report to or notify any local, state, or 162
federal agency of groundwater and/or aquifer withdrawals pursuant to 163
applicable local, state, or federal law. 164
165
(3) Specific requirements of application requirements may be waived by the 166
respective reviewer, planning director, or planning board, where it is determined 167
that the required information is not applicable to the subject request. 168
169
70-3: Process: 170
171
A-425, (09/16) Page 6 of 18
(1) In order to assist applicants through the process for obtaining a Special Use 172
Permit, applicants may request a pre-application conference with NHC planning 173
staff prior to application submittal. 174
175
(2) The Planning Director or their designee shall review application packages and 176
respond to the petitioner as soon as possible but at most within 5 business days 177
following the application submission to notify the petitioner in writing including 178
regular mail or e-mail of any omissions to the requirements under Section 70-2(2) 179
that render the application incomplete. This review for completeness is to ensure 180
that each of the applicable documents have been submitted as part of the 181
application, and not to verify or substantiate the information provided within the 182
application package. 183
184
(3) Applications with no omissions to the requirements under Section 70-2(2) shall 185
be deemed complete and be calendared for a public hearing at the next 186
scheduled Planning Board meeting satisfying the application requirements. The 187
Planning Director or their designee shall respond to the petitioner as soon as 188
possible but at most within 5 business days following the application submission 189
in writing including regular mail or e-mail to notify them that the application was 190
deemed complete and confirm the date of the Planning Board meeting at which 191
the public hearing will be held. 192
193
(4) Within 10 business days following an application deadline, complete applications 194
for special use permit petitions shall be posted on the Planning Department web 195
page (www.planningdevelopment.nhcgov.com) in addition to the date, time, and 196
location of the Planning Board meeting at which the public hearing will be 197
calendared. Notification of the posting of the special use permit application(s) 198
and meeting information shall also be sent to the Sunshine List. Any additional 199
information received from the petitioner after the application deadline shall also 200
be posted on the web page. 201
202
(5) In preparation for the public hearing at the Planning Board for a petition for a 203
special use permit, the Planning Director or their designee shall analyze the 204
information and materials provided in the application package to provide a 205
summary of the request and preliminary findings of fact in the form of a report 206
to be included in the agenda package for the Planning Board meeting. The intent 207
of the report is to inform the Planning Board of whether the Conclusions Required 208
for Approval in Section 71-4 have been met or to identify, from staff’s 209
perspective, issues or areas that the Planning Board may need more information 210
on in order to provide a recommendation to the Board of County Commissioners 211
whether each of the required conclusions in Section 70-7 have been met. The 212
staff analysis report shall be published by the Clerk to the Planning Board as part 213
of the agenda package for the Planning Board meeting. 214
215
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(6) In preparation for the public hearing at the Board of County Commissioners for a 216
petition for a special use permit, the Planning Director or their designee shall 217
prepare a report summarizing the Special Use Permit request, the information 218
and materials provided in the application package and presented at the Planning 219
Board public hearing(s), the Planning Board’s recommendations, and preliminary 220
findings of fact. The intent of the report is to inform the Board of County 221
Commissioners of whether the Conclusions Required for Approval in Section 71-222
4 have been met or to identify, from staff’s perspective, issues or areas that the 223
Board of County Commissioners may need more information on in order to reach 224
a required conclusion. The staff analysis report shall be published by the Clerk to 225
the Board of County Commissioners as part of the agenda package for the County 226
Commissioners meeting. 227
228
70-4: Public Notice 229
230
(1) Public notice for a petition for a special use permit shall be disseminated per 231
Section 112.1 of the Zoning Ordinance. 232
233
70-5: Public Hearings 234
235
(1) A public hearing at the Planning Board for the special use permit application shall 236
be calendared per Section 70-3(3). 237
238
(2) The public hearing for the special use permit application at the Planning Board 239
shall be held in a quasi-judicial format. At the hearing, the Planning Board hears 240
factual evidence presented at an evidentiary hearing, then makes 241
recommendations for findings of fact supported by competent, substantial, and 242
material evidence. Based on those recommended findings, the Planning Board 243
may render a recommendation to the County Commissioners on whether each of 244
the required conclusions specified in Section 70-7 can be reached. 245
246
(3) The applicant may be required by the Planning Board or Board of Commissioners 247
to provide additional information to demonstrate that the four required 248
conclusions have been met. 249
250
(4) The Planning Board may continue the hearing to a later meeting to accommodate 251
the presentation of additional testimony or evidence. If the time and place of the 252
continued hearing is announced in open session during the hearing, no further 253
notice need be given for the continued hearing. 254
255
A-425, (09/16) Page 8 of 18
(5) A public hearing at the Board of County Commissioners shall be calendared 256
following the public hearing at which the Planning Board makes a 257
recommendation. 258
259
(6) The public hearing for the special use permit application at the Board of County 260
Commissioners shall held in a quasi-judicial format. At the hearing, the Board 261
hears factual evidence presented at an evidentiary hearing, then makes findings 262
of fact supported by competent, substantial, and material evidence. Based on 263
those findings, the Board of County Commissioners decides whether or not it can 264
reach each of the required conclusions specified in Section 70-7 below. 265
266
(7) The Board of County Commissioners may continue the hearing to a later meeting 267
to accommodate the presentation of additional testimony or evidence. If the time 268
and place of the continued hearing is announced in open session during the 269
hearing, no further notice need be given for the continued hearing. 270
271
70-6 Review and Decision: 272
273
(1) The applicant bears the burden of presenting sufficient evidence in support of the 274
application to allow the Board of County Commissioners, after weighing such 275
evidence against that presented in opposition to the application, to make findings 276
of fact that reasonably support each of the required conclusions outlined in 277
Section 70-7 as well as any applicable specific standards for the proposed use as 278
required by Section 72. If that burden is met, the Board of County Commissioners 279
must approve the application. If that burden is not met, the Board of County 280
Commissioners must deny the application, provided that if the Board of County 281
Commissioners determines that specific minor changes or additions to, or 282
restrictions on, the proposed development are necessary and sufficient to 283
overcome impediments to its reaching the required conclusions, it may approve 284
the application subject to reasonable conditions requiring such changes or 285
additions or imposing such restrictions. Such conditions may include time limits 286
for completion of development or for the start or end of certain uses or activities. 287
288
(2) A motion to approve the application must state the required conclusions and 289
include findings of fact on which the conclusions are based, plus any proposed 290
conditions of approval. The favorable vote of a majority of Board of County 291
Commissioners members present is necessary to pass such a motion. A motion to 292
deny the application must state which of the required conclusions cannot be 293
reached and include findings of fact on which the inability to reach the 294
conclusions is based. The favorable vote of a majority of Board of County 295
Commissioners members present is necessary to pass such a motion. If a motion 296
to approve the application fails, the application is deemed denied, and those 297
members voting against the motion must state which of the required conclusions 298
A-425, (09/16) Page 9 of 18
they could not reach as well as findings of fact on which their inability to reach 299
the conclusions is based. 300
301
(3) Every decision by the Board of Commissioners issuing or denying a special use 302
permit shall be subject to review by the Superior Court by proceedings in the 303
nature of certiorari. Any petition for review by the Superior Court shall be filed 304
with the Clerk of Superior Court within 30 days after the decision of the Board is 305
filed in the Office of the Clerk to the Board, or after a written copy thereof is 306
delivered to every aggrieved party who has filed a written request for such copy 307
with the Clerk or Chairman of the Board at the time of the hearing of the case, 308
whichever is later. 309
310
70-7: Conclusions Required for Approval – The Board of County Commissioners shall approve 311
an application for a special use permit if it reaches each of the following conclusions based on 312
findings of fact supported by competent, substantial, and material evidence presented at the 313
hearing. 314
315
(1) The use will not materially endanger the public health or safety if located where 316
proposed and approved. 317
(2) The use meets all required conditions and specifications of the Zoning Ordinance; 318
(3) The use will not substantially injure the value of adjoining or abutting property, 319
or that the use is a public necessity. 320
321
(4) The location and character of the use if developed according to the plan as 322
submitted and approved will be in harmony with the area in which it is to be 323
located and in general conformity with the Comprehensive Land Use Plan for New 324
Hanover County. 325
326
Section 71: Validity, Extensions, and Changes for Approved Special Use Permits; Resubmittals of Denied 327
Applications 328
329
71-1: Validity and Extensions of Approved Special Use Permits: 330
331
(1) A special use permit, issued by the Board of County Commissioners, shall become 332
null and void if construction or occupancy of the proposed use as specified on the 333
special use permit is not commenced within twenty-four (24) months of the date 334
of issuance. If an extension is desired, a request must be submitted in writing to 335
the New Hanover County Planning Department prior to the expiration. 336
Extensions may be granted in accordance with Section 112-6 of the Ordinance. 337
338
(2) In the event of failure to comply with the plans approved by the Board of County 339
Commissioners or with any other conditions imposed upon the special use 340
permit, the permit shall thereupon immediately become void and of no effect. 341
No building permits for further construction or certificates of occupancy under 342
this special use permit shall be issued, and all completed structures shall be 343
A-425, (09/16) Page 10 of 18
regarded as non-conforming uses subject to the provisions of Article IV of this 344
Ordinance provided, however, that the Board of County Commissioners shall not 345
be prevented from thereafter rezoning said property for its most appropriate use. 346
347
71-2 Changes to Approved Special Use Permits: 348
349
(1) The original applicant(s), their successors or their assignee may make minor 350
changes in the location and/or size of structures provided the necessity for these 351
changes is clearly demonstrated. Minor changes shall be reviewed by the 352
Planning Department and upon favorable recommendation by the Planning 353
Director may be approved by the Zoning Administrator. Such approval shall not 354
be granted should the proposed revisions cause or contribute to: 355
(A) A change in the character of the development. 356
(B) A change of design for, or an increase in the hazards to pedestrian and 357
vehicle traffic circulation, or 358
(C) A modification in the originally approved setbacks from roads and/or 359
property lines exceeding ten percent. 360
361
71-3 Resubmittals: 362
363
(1) An application for a special use which has been previously denied may be 364
resubmitted only if there has been a change in circumstances as determined by 365
the Planning Director or the director's designee. Evidence presented in support 366
of the new application shall initially be limited to what is necessary to enable the 367
Planning Director to determine whether there has been a substantial change in 368
the facts, evidence, or conditions of the case and shall include: 369
(A) Circumstances affecting the property that is the subject of the application 370
which have substantially changed since the denial; or 371
(B) New information available since the denial that could not with 372
reasonable diligence have been presented at a previous hearing. 373
If the Planning Director deems the evidence substantially changed, the proposal 374
may be resubmitted as a new application. Appeal of the Planning Director’s 375
decision may be made to the Board of County Commissioners. 376
377
378
379
ARTICLE XI: AMENDMENTS 380
381
111-2.1: Required community information meeting before consideration 382
383
Note: Article XI is proposed to be revised based on the changes below. Black text represents existing
Zoning Ordinance Text. Red and Underlined text is text proposed to be added. Red and Strikethrough
text is text proposed to be deleted.
A-425, (09/16) Page 11 of 18
Before an application will be accepted as complete for a zoning amendment or special 384
use permit for proposals involving Planned Development, Riverfront Mixed Use District, 385
Conditional Use Zoning District, Conditional Zoning District, or Exceptional Design Zoning 386
District, (11/13/12) or special use permits for uses classified as intensive manufacturing 387
the petitioner must include a written report of at least one (1) community information 388
meeting held by the petitioner. The community meeting shall be held prior to submission 389
of the application for map amendment, but after a pre-application conference with 390
Planning & Inspections staff. (11/13/12) for projects that require a pre-application 391
conference. The primary purpose of the community meeting is to explain the upcoming 392
proposal and field questions from people in the surrounding area. 393
394
The applicant shall provide written notice by mail or other agreed upon measure at least 395
ten days prior to the date of the neighborhood meeting. Notice shall be provided to each 396
owner of record of land and any current tenants within 500 feet of and on the property 397
for which development approvals are sought. Notice shall also be provided to (11/13/12) 398
organizations entitled to notice based on a standing written request on file with the Clerk 399
to the Planning Board (“Sunshine List”). The meeting should focus on information 400
exchange between an applicant and the specific invitees but should be open to the 401
general public as well. 402
403
The report shall include, at a minimum the following: 404
405
(1) A list of those that were not able to be contacted and reason(s) why contact was not 406
successful 407
(2) Date, time and location of the meeting; 408
(3) Roster of the persons in attendance at the meeting; 409
(4) Summary of issues discussed at the meeting; and 410
(5) Description of any changes or adjustments to the rezoning petition made by the 411
petitioner as a result of the community meeting. 412
413
In the event the petitioner has not held at least one (1) meeting pursuant to this 414
subsection, the petitioner shall file a report documenting efforts that were made to 415
arrange such a meeting and stating the reasons such a meeting was not held. The 416
adequacy of a meeting held or report filed pursuant to this section shall be considered by 417
the Planning Board in its decision and by the County Commissioners, as appropriate but 418
shall not be subject to judicial review. (9/07) 419
Section 50: Establishment of Use District 420
Table of Permitted Uses 421
Note: The Table of Permitted Uses (TOPU) is to be revised based on the changes below. The starting
point for this table was the version of the TOPU recommended by the Planning Board in 2014, which
translated the buckets for Limited, General, and Intensive manufacturing to specific uses and
corresponding NAICS codes. In the table below, black text represents text unchanged from the 2014
TOPU. Red and Underlined text is text proposed to be added. Red and Strikethrough text is text
proposed to be deleted.
A-425, (09/16) Page 12 of 18
Permitted Uses 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
Mining
Mining & Quarrying (Low Intensity) S S 72-42 21
Mining & Quarrying (High Intensity) S 72-42 21
Manufacturing
Artisan Manufacturing P P P P P P P
Limited Manufacturing
Animal Food Manufacturing P S P P P 3111
Grain and Oilseed Milling P S P P P 3112
Sugar and Confectionery Product
Manufacturing P
S P P P
3113
Fruit and Vegetable Preserving and
Specialty Food Manufacturing P
S P P P
3114
Dairy Product Manufacturing P S P P P 3115
Animal Slaughtering and Processing P S P P P 3116
Seafood Product Preparation and
Packaging P
S P P P
3117
Bakeries and Tortilla Manufacturing P S P P P 3118
Other Food Manufacturing P S P P P 3119
Beverage Manufacturing P S P P P 3121
Fiber, Yarn, and Thread Mills S P S 3131
Fabric Mills S P S 3132
Textile and Fabric Finishing and
Fabric Coating Mills
S P S
3133
Textile Furnishings Mills S P S 3141
Other Textile Product Mills S P S 3149
Apparel Knitting Mills S P S 3151
Cut and Sew Apparel Manufacturing P P P 3152
Apparel Accessories and Other
Apparel Manufacturing
P P P
3159
Footwear Manufacturing P P P 3162
Other Leather and Allied Product
Manufacturing
P P P
3169
Veneer, Plywood, and Engineered
Wood Product Manufacturing
S P P
3212
Printing and Related Support
Activities P
S P P
P
3231
A-425, (09/16) Page 13 of 18
Permitted Uses 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
Pharmaceutical and Medicine
Manufacturing
P P P
3254
Cutlery and Handtool Manufacturing P S P P P 3322
Architectural and Structural Metals
Manufacturing
S P S
3323
Boiler, Tank, and Shipping Container
Manufacturing
S P S
3324
Hardware Manufacturing P S P P P 3325
Spring and Wire Product
Manufacturing P
S P P P
3326
Other Fabricated Metal Product
Manufacturing
S P S
3329
Agriculture, Construction, and
Mining Machinery Manufacturing P
S P P P
3331
Industrial Machinery Manufacturing P S P P P 3332
Commercial and Service Industry
Machinery Manufacturing P
S P P P
3333
Ventilation, Heating, Air-
Conditioning, and Commercial
Refrigeration Equipment
Manufacturing P
S P P P
3334
Metalworking Machinery
Manufacturing P
S P P P
3335
Engine, Turbine, and Power
Transmission Equipment
Manufacturing P
S P P P
3336
Other General Purpose Machinery
Manufacturing P
S P P P
3339
Computer and Peripheral Equipment
Manufacturing P
S P P P
3341
Communications Equipment
Manufacturing P
S P P P
3342
Audio and Video Equipment
Manufacturing P
S P P P
3343
Semiconductor and Other Electronic
Component Manufacturing P
S P P P
3344
Navigational, Measuring,
Electromedical, and Control
Instruments Manufacturing P
S P P P
3345
Manufacturing and Reproducing
Magnetic and Optical Media P
S P P P
3346
A-425, (09/16) Page 14 of 18
Permitted Uses 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 Lighting Equipment
Manufacturing P
S P P P
3351
Household Appliance Manufacturing P S P P P 3352
Electrical Equipment Manufacturing P S P P P 3353
Other Electrical Equipment and
Component Manufacturing P
S P P P
3359
Motor Vehicle Manufacturing S P S 3361
Motor Vehicle Body and Trailer
Manufacturing
S P S
3362
Motor Vehicle Parts Manufacturing S P P 3363
Aerospace Product and Parts
Manufacturing
S P P
3364
Railroad Rolling Stock Manufacturing S P P 3365
Ship and Boat Building S P P 3366
Other Transportation Equipment
Manufacturing
S P P
3369
Medical Equipment and Supplies
Manufacturing
P P P
3391
Other Miscellaneous Manufacturing P S P P P 3399
Household and Institutional
Furniture and Kitchen Cabinet
Manufacturing P
S P P P
3371
Office Furniture (including Fixtures)
Manufacturing P
S P P P
3372
Other Furniture Related Product Man. P S P P P 3379
General Manufacturing
Textile and Fabric Finishing and
Fabric Coating Mills
S P
3133
Tobacco Manufacturing S P 3122
Other Textile Product Mills S P 3149
Leather and Hide Tanning and
Finishing
S P
3161
Footwear Manufacturing S P 3162
Other Leather and Allied Product
Manufacturing
S P
3169
Sawmills and Wood Preservation S P 3211
Veneer, Plywood, and Engineered
Wood Product Manufacturing
S P
3212
Other Wood Product Manufacturing S P 3219
A-425, (09/16) Page 15 of 18
Permitted Uses 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
Converted Paper Product
Manufacturing
S P
3222
Basic Chemical Manufacturing S P 3251
Resin, Synthetic Rubber, and
Artificial Synthetic Fibers and
Filaments Manufacturing
S P
3252
Paint, Coating, and Adhesive
Manufacturing
S P
3255
Soap, Cleaning Compound, and
Toilet Preparation Manufacturing
S P
3256
Other Chemical Product and
Preparation Manufacturing
[Except: Explosives Manufacturing
(NAICS 325920) and All Other
Miscellaneous Chemical Product and
Preparation Manufacturing (NAICS
325998)]
S P
3259
Plastics Product Manufacturing S P S 3261
Rubber Product Manufacturing S P 3262
Clay Product and Refractory
Manufacturing
S P
3271
Glass and Glass Product
Manufacturing
S P
3272
Cement and Concrete Product
Manufacturing
[Except: Cement Manufacturing
(NAICS 32731)]
S P
3273
Other Nonmetallic Mineral Product
Manufacturing
S P
3279
Iron and Steel Mills and Ferroalloy
Manufacturing
S P
3311
Steel Product Manufacturing from
Purchased Steel
S
P
3312
Alumina and Aluminum Production
and Processing
[Except: Alumina Refining and
Primary Aluminum Production
(NAICS 331313) and Secondary
Smelting and Alloying of Aluminum
(NAICS 331314)]
S P
3313
A-425, (09/16) Page 16 of 18
Permitted Uses 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
Nonferrous Metal (except
Aluminum) Production & Processing
S P
3314
Forging and Stamping S P 3321
Boiler, Tank, and Shipping Container
Manufacturing
S P
3324
Coating, Engraving, Heat Treating,
and Allied Activities
S P
3328
Other Fabricated Metal Product
Manufacturing
S P
3329
Motor Vehicle Manufacturing S P 3361
Motor Vehicle Body and Trailer
Manufacturing
S P
3362
Motor Vehicle Parts Manufacturing S P 3363
Aerospace Product and Parts
Manufacturing
S P
3364
Railroad Rolling Stock Manufacturing S P 3365
Ship and Boat Building S P 3366
Other Transportation Equipment
Manufacturing
S P
3369
Medical Equipment and Supplies
Manufacturing
S
P
3391
Machine Shops; Turned Product; and
Screw, Nut, and Bolt Manufacturing
S P
3327
Architectural and Structural Metals
Manufacturing
S P
3323
Apparel Knitting Mills S P 3151
Cut and Sew Apparel Manufacturing S P 3152
Apparel Accessories and Other
Apparel Manufacturing
S P
3159
Textile Furnishings Mills S P 3141
Fiber, Yarn, and Thread Mills S P 3131
Fabric Mills S P 3132
Intensive Manufacturing
Pulp, Paper, and Paperboard Mills S 3221
Animal Slaughtering and Processing S 3116
Pulp, Paper, and Paperboard Mills S 3221
Petroleum and Coal Products
Manufacturing
S
3241
Basic Chemical Manufacturing S 3251
A-425, (09/16) Page 17 of 18
Permitted Uses 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
Resin, Synthetic Rubber, and
Artificial Synthetic Fibers and
Filaments Manufacturing
S
3252
Pesticide, Fertilizer, and Other
Agricultural Chemical Manufacturing
S
3253
Pharmaceutical and Medicine
Manufacturing
S
3254
Paint, Coating, and Adhesive
Manufacturing
S
3255
Soap, Cleaning Compound, and
Toilet Preparation Manufacturing
S
3256
Other Chemical Product and
Preparation Manufacturing
S
3259
Explosives Manufacturing S 325920
All Other Miscellaneous Chemical
Product and Preparation
Manufacturing
S
325998
Plastics Product Manufacturing S 3261
Rubber Product Manufacturing S 3262
Clay Product and Refractory
Manufacturing
S
3271
Glass and Glass Product
Manufacturing
S
3272
Cement and Concrete Product
Manufacturing
S
3273
Cement Manufacturing S 32731
Lime and Gypsum Product
Manufacturing
S
3274
Other Nonmetallic Mineral Product
Manufacturing
S
3279
Alumina Refining and Primary
Aluminum Production
S
331313
Secondary Smelting and Alloying of
Aluminum
S
331314
Foundries S 3315
Fuel Bulk Storage Facilities S
Electricity Generating Facilities S
Sanitary Landfill S 72-13 562212
Mining & Quarrying (Low Intensity) S S 72-42 21
Mining & Quarrying (High Intensity) S 72-42 21
A-425, (09/16) Page 18 of 18
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.].