TA17-01 ApplicationProposed Text Amendment
Action Requested
Article and Section of the Land Development Code to be amended:
Article VI: Supplementary District Regulations / Section 72‐43: High Density Development
(5) Setbacks and Uses
(A) The required minimum setback for High Density development shall not be less than
twenty‐five (25) feet. (7/5/95) When such projects are located and adjacent to any
existing detached residential development (not including Mobile Home Parks or other
High Density or Planned Developments), structures over twenty‐five (25) feet in height
sall be set back a distance equal to the height of the structure. calculated from the
following formula:
1. Required setback = (Building Height) x (2.75)
2. Reductions in setbacks
(i) The required setbacks may be reduced as specified in Section 62.
In no case, however, shall the minimum setback be less than 25 feet.
3. Uses in the yards
(i) The part of the yard adjacent to the residential uses shall be used
only for buffer strips and as specified in Section 62.
(B) Attached Residential development adjacent to any existing detached residential
structure or platted lot (not including Mobile Home Parks, Planned Developments, or
other High Density developments, shall meet the following additional requirements:
1. The density within the 200 foot wide strip in the High Density development
adjacent to the existing detached residential development shall be no greater
than three times the maximum performance residential density permitted within
the existing detached residential development.
2. The minimum required setback for attached dwelling units within this strip from
the existing detached residential development shall be calculated as follows:
a. Required setback = (Building Height) x (3.73)
b. The required setbacks may be reduced as specified in Section 62. In no
case, however, shall the minimum setback be less than 50 feet.
c. The part of the yard adjacent to the existing detached residential use
shall be used only for buffer strips and as specified in Section 62. (3/5/90)
Justification
The existing Code requirements are arbitrarily based on multipliers to building heights with no consideration of
the structure type(s). Adherence to the current minimum requirements result in excessive setbacks, even when
the proposed project has a similar character to the adjacent housing. For example, a two‐story / twenty‐five
(25) foot high detached home must set back over sixty‐eight (68) feet from the perimeter boundary, simply
because it is in a high‐density development. If that same structure had attached units, the setback could be as
much as ninety‐three (93) feet.
New Hanover County’s “high‐density development” provision is comparable to most jurisdiction’s “multi‐family”
zoning districts. I found no other Ordinances, in comparable jurisdictions, that used a multiplier for calculating
setbacks. The suggested amendment gives clear guidance and still adjusts setback to increased height beyond
what would be normal in a single‐family residential structure.
Likewise, the “fringe” requirements have no logical basis. The specific project density can be determined based
on the location and layout of the development proposal when being reviewed for consistency during the special
use permit process.
Impact
New Hanover County has become a much more suburban area, and there are more high‐density housing
projects being proposed. However, high‐density development is only permitted by Special Use Permit, and
therefore can be subject to more specific conditions dependent on the particular project location or character,
and other criteria for consistency and harmony with the area in which it is to be located.
The Ordinance still provides buffer requirements for the protection of adjoining land uses when high‐density
development is proposed. It is the natural vegetation, fenced and planted, or more heavily planted landscaping
along perimeter boundaries with lesser‐density uses that provides that physical separation and visual opacity.
Reducing the setbacks would allow more versatility in the layout, such as not having to place the parking areas
adjacent around the perimeter of the site since that would be the only way to avail the land areas within the
extensive setbacks.
AND
(11) Maximum allowable height for structures shall be forty (40) 35 feet. However, the maximum …
Justification
Architectural trends have raised interior ceiling heights for most residential structures, and hence it is extremely
difficult to design a three‐story structure ‐ typical of high‐density development ‐ and still maintain the 35‐
maximum height without creating a virtually flat roof, which is less consistent with the residential character
generally sought in the project aesthetics.
High‐density developments have prescribed conditions for locations specific to Comprehensive Land Use Plan
land classifications, and with direct access to a major of minor arterial streets. Multi‐family development is a
reasonable transitional use between busy road corridors and lower‐density established neighborhoods. The
Office & Institutional (O&I) district is similarly a transitional use, and provides for a maximum height allowance
of forty (40) feet.
Impact
Since this provision is exclusive to high‐density development, which is only permitted by Special Use Permit, it
would have no impact on conventional residential housing, or even performance residential attached housing.
Both of those would still be limited to 35' as by‐right uses in all residential districts.
AND
Article VI: Supplementary District Regulations / Section 62.1‐4
(1) Location of Buffer Strips – Buffer strips shall be required to screen any non‐residential use from any
residential use or district. Buffer strips shall also be required to screen any residential use or
district from any attached housing development or mobile home park or High density Development
or Planned Development attached residential development, mobile home park, high density
development, or planned development from any existing detached residential structure(s) or
platted residential lots, or proposed residential lots included within an approved and valid
preliminary plat for a major subdivision.
Justification
The existing Code requirement is confusing and can be interpreted to suggest that a buffer is necessary between
like uses, or penalize a permitted commercial use because an adjacent commercial use happens to maintain a
grand‐fathered / non‐conforming residential use along with their primary use.
New Hanover County’s “high‐density development” provision is comparable to most jurisdiction’s “multi‐family”
zoning districts. However, the wording of the current code mandates a buffer based on a description of an
adjacent property being in a “residential” district, even if that land use is the same development type.
The purpose of buffer strips is the protect adjoining land uses, particularly residential, from the impacts of more
intense land uses.
Impact
Buffer requirements are absolutely necessary for the protection of existing residential development and of
lower intensity districts not yet developed. The proposed changes to the wording do not negate the
requirement to provide preservation of the character of those areas. It simply clarifies the situations for which
the buffer should be mandated.