HomeMy WebLinkAboutNHC Blueprint PRD 041817 FINAL DRAFT
New Hanover County
Unified Development Ordinance
Project Blueprint Report
Public Review Draft
April 2017
New Hanover County UDO 2 Project Blueprint
New Hanover County UDO 3 Project Blueprint
Table of Contents
I. Overview of the New Hanover County Unified Development Ordinance Update Process .................. 5
A. Purpose of this Report ....................................................................................................................... 5
B. Project Overview ............................................................................................................................... 6
C. Blueprint Report ................................................................................................................................ 6
1. Part One: Overview ........................................................................................................................ 6
2. Part Two: Major Themes ............................................................................................................... 6
3. Part Three: Annotated Outline of Proposed Revisions ................................................................. 6
D. Project Approach and Schedule......................................................................................................... 7
1. Overview ........................................................................................................................................ 7
2. Technical Committee and Public Outreach ................................................................................... 7
II. Discussion of Major Themes .................................................................................................................. 9
A. Implement Plan NHC: Focus on Creating Appropriate Place Types .................................................. 9
1. Using Place Types to Reinforce a Sense of Place in the County .................................................... 9
2. Focus on Multimodal Development and Walkability .................................................................. 11
3. Switch from Emphasis on Use to Emphasis on Structure ............................................................ 11
4. Design Transitions between Place Types..................................................................................... 12
B. Link the Regulatory Process More Closely to New Hanover County Plans and Policies ................. 12
C. Coordinate with Wilmington’s Processes and Standards as Appropriate....................................... 12
D. Create a Unified Development Ordinance and Improve the Document Formatting, Graphics and
Illustrations .............................................................................................................................................. 13
E. Modernize the Zone District Line-Up and Use Allocations.............................................................. 17
1. Zone Districts ............................................................................................................................... 17
2. Use Regulations ........................................................................................................................... 18
3. Special Uses ................................................................................................................................. 20
F. Create a Standards-Based Regulatory Process ................................................................................ 20
1. Include Regulations that Balance Predictability and Flexibility ................................................... 20
2. Articulate Clear Review and Approval Criteria/Avoid Ad Hoc Decision-Making for Individual
Projects ................................................................................................................................................ 22
G. Raise the Bar for Basic Site Design .................................................................................................. 23
1. Establish or Update Requirements for Landscaping, Buffering, Parking, Site Layout, Natural
Resources and Environmentally Sensitive Areas, Stormwater, and Mobility/Connectivity ............... 23
2. Incorporate Basic Illustrations and Graphics ............................................................................... 23
H. Clarify Subdivision Standards and Infrastructure Criteria ............................................................... 24
1. Update the Subdivision Approval Process ................................................................................... 24
2. Incorporate All Applicable Design Standards .............................................................................. 24
3. Fill-in Gaps for any Missing Standards, Update any Outdated Standards .................................. 24
III. Annotated Outline ............................................................................................................................... 26
A. Current Zoning and Subdivision Regulation Organization............................................................... 26
B. Proposed Organization .................................................................................................................... 29
New Hanover County UDO 4 Project Blueprint
C. Detailed Description ........................................................................................................................ 30
IV. Existing Code Audits ........................................................................................................................ 42
A. New Hanover County Zoning Code Audit ........................................................................................ 42
B. New Hanover County Subdivision Ordinance Audit ........................................................................ 99
C. New Hanover County Stormwater Regulations Audit ................................................................... 103
New Hanover County UDO 5 Project Blueprint
I. Overview of the New Hanover County Unified Development Ordinance Update Process
A. Purpose of this Report
The residents and community members of New Hanover County have been planning for the future. With
the recent adoption of PlanNHC, the County has taken a detailed look at where they are now and
identified a specific list of goals for where they want to go. The County has been and will continue to grow
rapidly. In the past, this growth has been widely dispersed, blurring the identities of the County’s many
communities. Plan NHC seeks to change these patterns, reinvigorating a sense of community identity.
Community residents and leaders would like to provide guidance for this growth in ways that ensure the
creation of vibrant, thriving places and maximize both public and private investment in the future of New
Hanover County.
Updating the zoning, subdivision, stormwater, flood damage, sedimentation and erosion control, mobile
home, and related land development regulations in a timely manner is important to move forward the
community’s hard work in creating Plan NHC. The current regulations were originally adopted in 1969,
have been amended many times since then, and are due for an overhaul. As development patterns and
preferences change over time, zoning and subdivision regulations start showing signs of aging. Important
standards to guide new development types may be missing from the regulations. At the same time, the
existing standards may actually (and inadvertently) create a barrier to development patterns that the
community wants to encourage. And while zoning and subdivision regulations can certainly be amended,
it is important to update the entire body of land development regulations periodically to ensure that all
of the moving pieces of the regulatory process are designed to function together and do not end up
working at cross purposes.
The goal of this project is to update the New Hanover County zoning and subdivision regulations into a
single Unified Development Ordinance (UDO) that includes content designed to partially or fully
accomplish the following County goals as established in Plan NHC:
• Promote Environmentally Responsible
Growth
• Promote Fiscally Responsible Growth
• Increase Public Safety by Reducing
Crime Through the Built Environment
• Conserve Open Space for Long Term
Agricultural and Rural Uses
• Conserve Environmentally Critical Areas
• Integrate Multi-Modal Transportation
into Mixed Land Uses that Encourage
Safe, Walkable Communities
• Promote Place-Based Economic
Development in the Region that is Tied
to Our Natural Resources
• Preserve and Protect Water Quality and
Supply
• Increase Physical Activity and Promote
Healthy, Active Lifestyles
• Ensure NHC Remains in Attainment for
Air Quality, in Support of Clean Air and
Improved Public Health Outcomes to
Support Continued Growth
• Increase Access to Affordable and
Convenient Healthy Foods
• Provide for a Range of Housing Types,
Opportunities and Choices
• Revitalize Commercial Corridors and
Blighted Areas Through Infill and
Redevelopment
New Hanover County UDO 6 Project Blueprint
• Link Major Natural Habitats
• Conserve and Enhance Our Unique
Sense of Place to Attract Individuals,
Companies and Organizations
• Use Public Infrastructure Investments to
Leverage Private Investments
• Support Business Success
B. Project Overview
The County has hired LSL Planning and Thomas & Hutton Engineering (LSL Team) to prepare the updated
regulations. Over the next 18 months, we will be working with the County planning staff, elected officials,
and community to update the current land development regulations to create the UDO. The outcome of
the project will be to provide the County with a modern set of regulatory tools that will meet the needs
of residents, developers, and County staff to guide the next decade of growth in New Hanover County.
The updated regulations will include a mix of new zone districts, use regulations, and development
standards to help the County guide development to meet these goals. Additionally, during the same time
period we will be working with the City of Wilmington on a similar regulatory update project, one of the
goals of which will be to coordinate the two new codes to the extent that coordination leads to ease of
use and positive outcomes for both communities. Our proposed approach to drafting a UDO that achieves
each of these goals is described later in the substantive content of this report.
C. Blueprint Report
The purpose of this Blueprint Report is to analyze the impact and outcomes of the current regulations to
determine how they help or hinder the County in accomplishing the goals of Plan NHC and then identify
the major changes necessary to update the regulations to implement the plan. This report is organized
into three sections:
1. Part One: Overview
Part One provides an overview of the UDO project background, process, and timeline.
2. Part Two: Major Themes
Part Two identifies major issues that emerged during the project kick-off meetings and our own
independent analysis of the current land development regulations, Plan NHC, and Plan NHC’s supporting
documents: Wilmington – New Hanover County Comprehensive Greenways Plan, Pathways to Prosperity
– the Garner Study, Cape Fear Transportation 2040, Focus – Cape Fear Regional Framework Plan, Hazard
Mitigation Plan, the updated Parks and Gardens Master Plan, along with the County’s various small area
plans and relevant regional transportation plans such the 2011 Market Street Corridor Study.
3. Part Three: Annotated Outline of Proposed Revisions
Part Three presents a section-by-section outline of the proposed revisions to current zoning and
subdivision regulations that will be required to implement the major themes identified in Part Two as well
as provide a comprehensive update of these regulations. The annotated outline provides detail on the
New Hanover County UDO 7 Project Blueprint
form of the new UDO structure and the contents of each section. In addition, general commentary is
provided to explain the purpose or rationale behind the organization and substantive changes proposed.
This report will be shared with County officials and the community for an open discussion about the
proposed changes, how those changes will impact the development process, and whether additional
changes or approaches should be considered as part of this project.
D. Project Approach and Schedule
1. Overview
We will be undertaking the UDO project in the following phases:
Phase 1: Understand and define issues and opportunities through discussions with the community
and County staff
Phase 2: Create a Blueprint for the new UDO
Phase 3: Draft the new regulations and processes and gather community thoughts and comments
Phase 4: Review, revise, and adopt the new UDO and zoning map
We will further divide Phase 3 into three drafting tasks to draft the updated regulations in groupings that
are easy to understand and review as follows:
Code Section Anticipated Drafting Schedule
1. Districts and Uses April-June 2017
2. Development and
Subdivision Design Standards June-August 2017
3. Administrative Procedures August-October 2017
Each of these drafting tasks will be coordinated with Wilmington’s update process to identify areas for
overlap and coordination. When we have completed the substantive drafting process we review the full
document with the County, test the UDO provisions on real projects to confirm our projected outcomes,
and make revisions as necessary to complete the update process.
2. Technical Committee and Public Outreach
Across each of the four project phases and three drafting tasks, we will rely on the input of our project
technical committee and public outreach and involvement to ensure that the final UDO meets the needs
of New Hanover County. Our project technical committee will be composed of County staff members,
the Planning Board chair, and other departments and agencies that will rely on the UDO. Their job will be
to provide technical review for our draft documents. Where there will be a lot of “heavy lifting” to prepare
New Hanover County UDO 8 Project Blueprint
the new regulations and/or where some issues might prove to be contentious in the community, their
role will also include vetting draft documents for consistency with County goals and priorities before
releasing the information for County official and public review.
We started our preliminary outreach activities in preparation for this report by meeting with County staff
and a series of local code user groups including land use attorneys, environmental groups, representatives
of governmental agencies and departments, housing/population/advocacy groups, neighborhood
associations, property owners, development/real estate/business representatives, and design
professionals. We have used the information gathered from our meetings and County document review
to prepare this Blueprint Report to provide an overview of the work we will undertake to create the UDO.
As we continue with the project, we anticipate working with the project technical committee to undertake
the drafting and review of the updated and new regulatory provisions and then sharing a detailed
summary of each of the draft UDO sections with County officials and the community. Our approach to
public outreach will be designed to meet four goals:
• Collaborate: The public outreach process will be designed and facilitated in full collaboration with
County staff, the project technical committee, and an expanded
group of stakeholders.
• Explore: The stakeholder and public engagement process will be
conducted in a manner that encourages participants to explore
regulatory issues and possible responses.
• Educate: An effective public process should be about listening and
learning by all participants.
• Visualize: The process will have a strong visual component so
participants can understand the implications of various project choices.
We anticipate providing multiple opportunities for individuals and the community to participate in the
process as the project moves forward. During each phase of the project, the public will be invited to both:
(1) attend an open house meeting to review and comment on the project work and recommendations, as
well as (2) attend County Board of Commissioners project briefings. In addition to these meetings, we
anticipate public involvement in meetings as part of the final adoption phase of the project, especially
before the Planning Board and County Commissioners. We will post current project documents, project
surveys, and an overall project calendar on the County’s website to encourage comment and
participation.
New Hanover County UDO 9 Project Blueprint
II. Discussion of Major Themes
We have grouped the information we gathered from Plan NHC and our initial public outreach meetings
into a number of key themes that reflect issues with the existing regulations which need to be changed or
corrected in order to move New Hanover County into a more modern regulatory approach. While each
theme has a distinct central idea, there is overlap among the themes that reflects the interrelated nature
of the land use regulatory process.
A. Implement Plan NHC: Focus on Creating Appropriate Place Types
1. Using Place Types to Reinforce a Sense of Place in the County
Communities with a strong sense of place have “something” that is identifiable to residents and visitors.
This sense is derived from a unique combination of physical factors such as architecture, public spaces,
open spaces and natural areas, interesting neighborhoods, landscaping, and even the layout of shopping
centers. Over time, sense of place is also derived from the nature and character of the community.
College towns, tourist locations, capital cities, growing suburbs, and downtowns can all have individual
senses of place.
New Hanover County’s sense of place is somewhat undefined. While it has a good number of attractions
and amenities, the type, location, and design of these do not always add-up to a cohesive sense of place.
This is not an uncommon occurrence for a county. Over time, the focus of growth and development tends
to be not on the community itself, but on local development as one piece of a larger, regional whole. Here,
much of New Hanover County’s development pattern can be attributed to: 1) proximity to Wilmington, 2)
historic use patterns, and 3) tourism development. Residential subdivisions are developed that may be
oriented toward services or jobs in Wilmington or other local communities, retail development is located
based on highway access or attracting visitors, and industrial space is identified based on industrial uses
that pre-date County planning, not surrounding uses or local environmental or critical area calculations.
It is possible to change this approach to
development and create a local identity
that is the starting point of creating a sense
of place. This is done through a
coordinated approach to new
development and redevelopment which
establishes a design language that
becomes the core of building design which
is added to or rearranged as necessary
based on location and use within the
community. New Hanover County took a
big step in this direction with the
identification of the place type
descriptions in Plan NHC. Each of the place
type descriptions includes important development pattern information, including massing and scale
New Hanover County UDO 10 Project Blueprint
recommendations and urban design recommendations, similar to the information shown below from the
Employment Center place type.
The Plan NHC place types include:
a. Commerce Zones
These are place types for employment and production hubs focused on a range of
industrial uses and supplemented with complementary office and commercial uses.
b. Employment Centers
These locations in New Hanover County are place types for employment and
production, including office and light industrial uses. To build on the County’s multi-
modal transportation goals, employment centers may also include residential, civic, and
recreation uses.
c. General Residential
This place type includes lower-density residential mixed with civic and commercial uses.
d. Urban Mixed-Use
Urban mixed use place types include a wide range of uses – residential, office, and retail
– designed in a walkable/bikeable people-oriented layout and pattern.
e. Community Mixed-Use
This place type allows community-scaled commercial areas providing services to
surrounding neighborhoods, similar in nature to historic downtown patterns.
f. Rural Residential
The Rural Residential place type provides for development in existing rural areas that
preserves the rural character of the area.
New Hanover County UDO 11 Project Blueprint
g. Conservation
Conservation place types are located in areas of natural open space and are designed to
protect the natural environment, water quality, and wildlife habitats.
The next step to move these place types forward is to incorporate these concepts into the land regulation
process. This requires the creation of a zone district line-up with use and development standards that
implement the place types in a manner that works for the County, development community, and citizens.
2. Focus on Multimodal Development and Walkability
Walkability, ensuring that residents and tourists can walk to many destinations in the community, is a key
concept of Plan NHC. Today, areas of New Hanover County may not be designed for either multimodal
development (that is – development which has access to more than one method of transportation, such
as walking, bicycling, riding the bus, taking a car, or riding the train) or walkability. Indeed, like many
communities that saw a great deal of post-WWII development, New Hanover County was designed to be
automobile-friendly. Changes in public attitudes about transportation in recent years have refocused this
discussion in many communities, making this an excellent time to take a second look at overall mix of land
uses within a district to make sure that new development encourages opportunities for walking, bicycling,
or bus access.
3. Switch from Emphasis on Use to Emphasis on Structure
Since the inception of zoning in the early 1900s, the focus of zoning regulations has been on use. This is
because zoning came about as a means to separate nuisances (factories) from neighborhoods (homes).
Over time, however, zoning has changed into a tool to aggregate similar uses and separate dissimilar uses.
Our cities, towns, and counties are enclaves of similarities – houses together, offices together, businesses
together – that may have lost the feeling of community. This focus on uses has changed over the past
two decades, however, to a closer look at structures which have more staying power and long-term impact
than individual uses. One key method for New Hanover County to build a sense of community is to
incorporate an emphasis on structural regulation and review in the Unified Development Ordinance.
Buildings need to function at a number of levels. First, they need to be designed appropriately for their
immediate surroundings in terms of size and scale. Second, they need to be designed to contribute to
Pedestrian-friendly mobility options
New Hanover County UDO 12 Project Blueprint
their neighborhood, working with the pedestrian and automobile connections to create a functioning
whole. And third, they need to incorporate aspects of the local development style or architectural
vernacular so they can reinforce the vision of the County as a whole. The Unified Development Ordinance
will incorporate standards that reflect how these functions will take place within New Hanover County.
4. Design Transitions between Place Types
As New Hanover County continues to grow and develop or redevelop, it will have both new and existing
development patterns that include both single place types and mix of place types. This could mean a
linear commercial strip that abuts a mixed-use development, or it could mean an older residential
neighborhood that is next to a small-scale residential commercial shopping area. Traditional and new
place types can function well with each other provided the County requires the right transition from one
place type to another. Incorporated in the UDO will be three types of transitions: (1) architectural
transition, where buildings can be very close from one development pattern to another provided the scale
and siting of the structures transition from one area to the other; (2) landscaping transition, where
buildings can have some proximity provided there is a landscaping transition that provides both
connection and separation as necessary; and (3) physical transition, where two place types are not very
compatible, cannot be made compatible by architecture or landscaping, and should be physically
separated by some combination of distance, landscaping, screening, or a wall.
B. Link the Regulatory Process More Closely to New Hanover County Plans and Policies
Plan NHC is one of a number of plans adopted by the County that will be reflected in the updated
standards and processes of the UDO. As we identified in Section 1 of this Blueprint, we will incorporate
standards from local plans as we build a more robust set of policies into the land development regulations.
By creating this specific link between the regulations and the policies that they implement, we accomplish
two goals of drafting good regulations: 1) create a specific link for community members and developers
who want to reference the planning reasons for UDO standards, and 2) tie the plans to the UDO to clarify
policy issues that may arise during the development review process.
We will reference County and regional plans with provisions that lend themselves to drafting specific
regulation, including: Wilmington – New Hanover County Comprehensive Greenways Master Plan,
Pathways to Prosperity – the Garner Study, Cape Fear Transportation 2040, Hazard Mitigation Plan, the
updated Parks and Gardens Master Plan, along with the County’s various small area plans and relevant
regional transportation plans such the 2011 Market Street Corridor Study. Standards and requirements
from these plans will be incorporated across the various provisions of the UDO, where applicable or
appropriate, including zone districts, use standards, and development standards.
C. Coordinate with Wilmington’s Processes and Standards as Appropriate
While New Hanover County and the City of Wilmington are separate jurisdictions in local government
terms, it can be easy to see how coordinated regulations and processes will help residents and the
development community cross boundary lines to do good work in both communities. We will work with
the City to coordinate definitions and terms as much as possible and look for both procedural and
regulatory approaches in the code update process that can be used similarly in both communities.
New Hanover County UDO 13 Project Blueprint
D. Create a Unified Development Ordinance and Improve the Document Formatting,
Graphics and Illustrations
One of the purposes of this project is to pull together all of the County’s land development regulations
into a single Unified Development Ordinance. The creation of a UDO helps to organize regulatory process
and standards in a way intended to simplify the navigation process for code users. The UDO update will
reorganize and consolidate requirements into a single section by subject (e.g., decision-making
procedures, development standards, etc.). Having all of the provisions for a single subject in one location
will make it easier to accurately use the development ordinance
today and easier to update in the future. A UDO is not a “new” way
for the County to regulate but a better way to organize the changes
we will make to the substantive regulations as we update the
current regulations following the instructions of Plan NHC and this
Blueprint.
As we create the UDO, we anticipate making some basic
improvements to the formatting that would help make the
document more accessible to the public and infrequent users. This
includes reorganizing the contents to group like with like
(dimensions, uses, development standards), adding more matrices
and tables to make information easier to find, and incorporating
illustrations to convey a variety of information in a clear and concise
“at a glance” format. New illustrations should augment and clarify
district provisions, building and site design standards, and
definitions. As part of grouping the procedures, we also
recommend creating an overall procedural matrix that identifies the
various procedures and decision-making bodies for easier
reference. To minimize the need for readers to cross-reference
outside of the UDO document, we will also incorporate the specific language from relevant provisions of
North Carolina statutes that are applicable to the land development process. These inserts will be
accompanied by a note that the state may amend those provisions from time-to-time and that the
applicant is still responsible for compliance with the most recent standards. Finally, we may recommend
that some administrative and procedural material be removed from the UDO and included in the UDO’s
administrative manual where appropriate detail and commentary can be provided outside of the formally-
adopted ordinance.
We propose consolidating and rearranging material in the current ordinances into a set of nine articles
that group provisions by function rather than either the uses to which they may apply or the process
where they are reviewed. This is intended to increase the usability of the document and reduce the
potential for conflicting language and/or redundancies. We recommend that the UDO be organized in
articles by subject as identified in the following table and described in greater detail as provided ahead in
Section III. Annotated Outline.
Sample code page with graphics
New Hanover County UDO 14 Project Blueprint
New Hanover County Unified Development Ordinance: Proposed Organization
Art. Sec. Title Purpose Current Zoning
Sections
Current
Subdivision
Sections
I General Provisions
10 Purpose Purpose and intent of regulations New1 15
11 Citation and Title How to cite the UDO 12, 136 11
12 Statutory Authority Source of authority to regulate 10 10
13 Applicability and Jurisdiction Defines where and how the UDO is applicable 11, 130 12
14 Relationship to County Plans Describes how the UDO implements the County’s
plans New New
15 Severability Challenged provisions may be severed 134 64
16 Relationship to Other Regulations;
Conflicting Provisions
How the UDO relates to other County regulations
and how to address language conflicts New 65
17 Relationship to Third Party Private
Agreements
NHC is not responsible for enforcing private
agreements New
18 Transitional Regulations Transition from existing regulations to new UDO New
II Zone Districts
20 Zoning Map and Interpretation Official zoning map and rules of interpretation 30-31
21 Establishment of Districts Zone district line-up 50
22 Dimensions Table of dimensions for all zone districts 32
23 Residential Districts Residential district regulations 51
24 Commercial Districts Commercial district regulations 52
25 Mixed-Use Districts Mixed-use district regulations 54
26 Industrial Districts Industrial district regulations 53
27 Special Purpose Districts Special purpose district regulations 50,55 + Airport
Height Ord.
28 Overlay Districts Overlay district regulations 55
29 Planned Development Districts PD district regulations 54
III Use and Structure Regulations
30 Permitted Use Table List of uses allocated by district 50
1 We have identified some topics as “new” in this table. There may be regulations in the current zoning or subdivision ordinances that relate to these topics
but we do not think they are specifically or comprehensively addressed as a regulatory subject in the current regulations.
New Hanover County UDO 15 Project Blueprint
New Hanover County Unified Development Ordinance: Proposed Organization
Art. Sec. Title Purpose Current Zoning
Sections
Current
Subdivision
Sections
31 Structures List of structures allocated by district New
32 Use Standards Standards applicable to specific uses 51, 63 + Mobile
Home Stds.
33 Special Use Standards Standards applicable to special uses 72
34 Accessory Use Standards Standard applicable to accessory uses 63
35 Temporary Use Standards Standards applicable to temporary uses 63
36 Special Event Standards Standards for special events New
37 Nonconformities Regulations applicable to nonconformities 40, 42-46
IV Development Standards
40 General Provisions Overview and applicability of article New
41 Parking and Loading Standards for parking and loading 80-82
42 Connectivity and Mobility Standards for ped/bike/car connectivity and
mobility New 41,52
43 Traffic and Access Standards for traffic and access 61 41
44 Landscaping, Screening, and Buffering Standards for landscaping, screening, and
buffering 62
45 Building and Streetscape Standards for structures and streetscape, no
architectural standards 62
46 Outdoor Lighting Standards for outdoor lighting New
47 Sensitive Lands and Resource
Protection
Standards to identify and preserve sensitive
lands and natural resource areas
New + Flood
Damage Ord.
48 Signs Sign regulations 90-97
V Design and Improvement
50 General Provisions Overview and applicability of the article;
definition of subdivision; standards and specs 13, 40
51 Layout and Design Standards for subdivision layout and design 41
52 Streets Street design standards 41,52,66
53 Stormwater Stormwater system requirements 52
54 Water and Wastewater Requirements for water and wastewater 52
New Hanover County UDO 16 Project Blueprint
New Hanover County Unified Development Ordinance: Proposed Organization
Art. Sec. Title Purpose Current Zoning
Sections
Current
Subdivision
Sections
55 Utilities References to required utilities New
56 Parks and Open Space Standards for parks and open space provision 52
57 Easements and Dedications Process for easements and dedications 41,52
58 Construction and Acceptance of
Improvements Requirement for public improvements 50,52
59 Improvement Guarantees Requirements for financial guarantees 51,54
VI Administrative Procedures
60 General Provisions Overview and applicability of article New
61 Common Procedures Identification of procedures common to multiple
applications 111-112
62 Specific Procedures Process requirements for specific applications
50-55,60,70-71,
109, 110, 121-
123, 133
30-35, 60-63
63 Plans and Permits Process requirements for plans and permits 62, 63, 101-107
VII Recommending and Decision-Making
Bodies
Overview of participants in development review
process 108, 120, 122
VIII Violations and Enforcement Identification of general code violations and
available types of enforcement 100, 131, 135 68
IX Measurements and Definitions
90 Measurements Rules of measurement New New
91 Rules of Construction Rules of construction 20-22 21-22
92 Definitions and Terms Definitions of words and terms used in the UDO 23, 41 20
New Hanover County UDO 17 Project Blueprint
E. Modernize the Zone District Line-Up and Use Allocations
1. Zone Districts
The creation of place types to implement PlanNHC in New Hanover County will require the use of both
targeted zone districts and updated development standards. Currently, the County has 22 zone districts
that are used as follows (from Plan NHC):
District % Acres District % Acres
Airport Industrial (AI) 2.50 Planned Development (PD) 2.00
Airport Residential (AR) 1.18 Residential (R-7) 0.0
Business (B-1) .36 Residential (R-10) 3.69
Highway Business (B-2) 1.89 Residential (R-15) 37.43
Conditional Zoning District (CZD) .01 Residential (R-20) 13.75
Exceptional Design Zoning Dist. (EDZD) .01 Residential (R-20S) 4.45
Light Industry (I-1) 1.27 Residential Agriculture (RA) 8.52
Heavy Industry (I-2) 22.49 Riverfront Mixed Use (RFMU) .03
Office and Institutional (O&I) .41 Shopping Center (SC) .01
This basic analysis gives us a snapshot of New Hanover County’s development preferences over time.
According to Plan NHC, 60% of the land in the unincorporated County is zoned residential, primarily R-15
(37.43%) with a minimum lot size of 15,000 sq. ft. or about 3 units/acre, and R-20 (13.75%) with a
minimum lot size of 20,000 sq. ft. or about 2 units/acre. These are two of the County’s lower-density
residential districts. The second most frequently used zone district is I-2, Heavy Industry at 22.49%. Rural
Agriculture rounds out the most-used zone districts at 8.52%. The remaining 18 districts represent a range
of small applications, from R-20S at 4.45% down to R-7 at 0%.
The current distribution of zone districts does not seem to represent the Plan NHC goals for compact,
mixed-use, walkable development. The County’s two mixed-use specific districts – EDZD and RFMU
New Hanover County UDO 18 Project Blueprint
have essentially not been used, with EDZD at .01% total acreage and RFMU at .03% total acreage. There
are multiple possible reasons for this, including:
a. The mixed-use districts are not easy to use or are not drafted to meet current design
requirements, so developers find it beneficial to choose other districts;
b. The Great Recession stopped the construction of most development and the market is
just rebounding in the less expensive, peripheral real estate areas but not yet sufficiently
to see increase requests for these districts; or
c. There really is no demand for mixed-use development in New Hanover County and/or
there is a lack of willingness on the part of the development community to test a mixed-
use product in suburban or rural areas.
Given the emphasis on walkable, compact, and mixed-use development that evolved out of the creation
of Plan NHC with its significant public outreach and involvement, it is more likely that the difficulty of use
of the regulations and market crash had more to do with the current amount of mixed-use development
in New Hanover County than an uninterested buying public. One of the goals of this project will be to
update and expand the mixed-use zone districts and development standards to allow a more robust
selection of options that are easier for both the applicant and staff to use.
In addition to creating updated mixed-use districts for application in the County, we will also coordinate
with the Wilmington code update project to create both single-use and mixed-use districts that function
similarly for both the City and the County. The purpose of these districts will be to establish a more
seamless transition between the two sets of regulations where there is adjacency and overlap between
the jurisdictions. As part of this effort, we will also work across both projects to create a single glossary
that standardizes site and structure references and regulatory terminology as much as possible.
2. Use Regulations
Mixed-use development has both a structural component and a use component and each of the new and
updated mixed-use districts will need to incorporate a functional potential mix of uses. The current Table
of Permitted Uses will need to be updated along with the zone district line up. While the current table
identifies uses allocated by district, it is not organized in a manner that works efficiently with the zone
districts, it has clearly been amended multiple time to address specific uses, and it has a catch-all category
of “other” uses that can be better located in the proper categories provided by an updated table. As we
update the zone district line-up, we will also reorganize and update the use table. In addition to the
permitted use clean-up, we anticipate adding provisions for temporary and accessory uses to this section
of the UDO.
Once the table organization has been revamped, we will work with County staff to make sure that all uses
are properly allocated across the current and new districts as well as discuss whether the uses are
reviewed and approved at the appropriate level within the County, ranging from administrative/staff
review to legislative/county commission review. One effective way for a community to encourage a
preferred development type or use is to make the use permitted as of right or through a very simple, non-
discretionary administrative review process. The current regulations already include consistent use-
specific standards for a number of uses; we will discuss with staff whether there are any additional uses
New Hanover County UDO 19 Project Blueprint
that should be added to the regulations. This allows the community to limit discretionary review, and
potentially slow down the development process, only to those uses with potential negative external
impacts that need to be subject to higher-level of discretionary review.
To address new uses that might be proposed for the use table after it has been updated, the County
should also establish a specific use interpretation process. By establishing objective review criteria
identifying how new uses will be classified, the County will help to inform applicants about how uses will
be interpreted into the regulations and provide a way to standardize the review process. A typical
approach would look like this sample from another community:
1. Procedure. Where a particular use type is not specifically listed in the use table, an applicant may
request an interpretation of the use table.
a. The Planning Director may permit the use type upon finding the standards of this
subsection are met. The Planning Director shall give due consideration to the purpose and intent
of these regulation concerning the zone district(s) involved, the character of the uses specifically
identified, and the character of the use(s) in question.
b. The Planning Director may choose to send a proposed use to the planning board for
interpretation where classification options are unclear or where the potential impact of permitted
signs must be considered in the interpretation process.
c. The Planning Director shall keep a record of use interpretations for annual review with
the planning board to determine if amendments to the use table are appropriate.
2. Standards for Approving Unlisted Uses. In order to determine if the proposed use(s) has an impact
that is similar in nature, function, and duration to the other use types allowed in a specific zone district,
the Planning Director shall assess all relevant characteristics of the proposed use, including but not limited
to the following:
a. The types of activity(ies) normally associated with the use;
b. Types of equipment used and processing done on the premises, including assembly,
manufacturing, warehousing, shipping, and/or distribution;
c. The nature and location of storage and outdoor display of merchandise, whether
enclosed, open, inside or outside the principal building;
d. The existence and number employees, customers and/or residents;
e. Parking requirements of the use as compared to surrounding uses, turnover and
generation, ratio of the number of spaces required per unit area or activity, and the potential for
shared parking with other use types;
f. Any special public utility requirements for serving the proposed use type, including but
not limited to electricity, water supply, wastewater output, pre-treatment of wastes and
emissions required or recommended, and any significant power structures or infrastructure and
communications towers or facilities; and
g. The impact on adjacent structures, uses, or lands created by the proposed use type, which
should not be greater than that of other use types in the zone district.
New Hanover County UDO 20 Project Blueprint
3. Special Uses
We will review and incorporate the County’s recently adopted special use standards into our updates to
the County’s current use regulations and processes. Because we anticipate making changes across all
aspects of the regulations – to the zone district line-up, the use table, the development standards, and
the administrative procedures – it is possible that recommendations to amend the special use standards
may be made to reflect changes made in other areas of the regulations. We will keep in mind the planning
goals and policies that led to the creation of the current special use standards and make sure that any
changes we suggest are in keeping with the public outcomes that the County seeks to achieve through
the recently-adopted regulations.
F. Create a Standards-Based Regulatory Process
Development works most efficiently when all parties to the process function under a standardized set of
regulations. This allows property owners and developers to understand what layout and submission
information will be required of their development. It also allows County staff to review each application
against adopted policies and objective standards to establish a consistent approach to making
recommendations to appointed and elected officials. And it allows decision-makers to make their
determinations within a framework of agreed to criteria and requirements.
A standards-based process is created through a complete set of land development regulations and
administrative procedures that are consistently applied. This is particularly important when a community
is changing its approach to land use regulations, as here where New Hanover County is moving from
individual land development decisions to more contextual, place type development guidance. The UDO
regulations provide information about all aspects of the development process, with the goal of creating
sufficient predictability to guide all of the parties included in the process to a well-reasoned decision.
Through our preliminary interviews, we have learned that New Hanover County’s development process
in the past has been fairly individualized (standards established by lot) and not very standardized
(standards established by regulation). Looking from an objective point of view, this can be seen through
the use of conditional zoning approvals and text amendments for individual site development rather than
zoning through the use of regular base districts. In most communities, conditional or negotiated approval
tends to be used either where the existing land use regulations are not functional or where a community
is trying to move to a type of development that is not permitted by the current regulations (or both).
In order to ensure that the County’s overall development approval process has a more consistent method
of review and approval, the new Unified Development Ordinance will be drafted to provide more certainty
through the application of standards that accomplish the following:
1. Include Regulations that Balance Predictability and Flexibility
Predictability is important for project financing, and flexibility is important for project design. Both are
necessary to ensure that good projects are designed, funded and built. To strike this balance, we
recommend establishing a full range of development standards, described in Section II.E, below, and then
creating development standard menus and design alternatives where possible to allow property owners
an identified range of options in how compliance with standards is achieved, rather than prescribing a
New Hanover County UDO 21 Project Blueprint
one-size-fits-all approach. For example, a stormwater management standards menu (sample from
another community provided below this paragraph) gives a developer multiple choices about how to
address required on-site stormwater management. Typically, the applicant is instructed to choose from
a specific category of options or asked to select enough weighted options to meet a minimum point
requirement.
Menu of Stormwater Management Technique Options
[Sample, from another community]
Technique Description/Comments
Impervious Surface Reduction
Site Design • Site designed to minimize impervious coverage
Permeable Pavement/
Materials
• Use of pervious pavement for hard surfaces such as
drives, parking areas, patios, courtyards,
playgrounds, sidewalks, and sport courts
Green Roofs • Vegetated roof on main structure
Shared Parking • Utilization of maximum permitted shared parking for
use
Joint-Use Driveway
• Access provided to more than one structure where
total length of joint use driveway is at least 40%
shorter than two separate driveways
Retention/Infiltration/Treatment
Bioretention Basin/Rain
Garden/Bioretention Cell
• An area with amended planting soil and native
materials that filter run-off stored within a shallow
depression
Tree Box Filter
• A concrete vault filled with a bioretention soil mix
(BSM), planted with vegetation, and underlain with
a subdrain that discharges into existing stormwater
drainage.
Amended Construction
Site Soils
• Incorporating organic matter into disturbed or
compacted soil to increase hydrologic function
Filter Strips/Level Spreaders
• A band of vegetation planted between a stormwater
pollutant source and a downstream receiving water
body
Enhanced Retention/
Wet Pond
• A permanent pool of water that holds water for
release through evapotranspiration and infiltration.
May be also be designed to address flood control.
Parking Lot Curb Cuts
• 18”-wide curb cuts as frequently as possible to
permit stormwater flow to a retention/infiltration
area
Reforestation/Replacement of Native
Vegetation
• A minimum of 3 trees per x sq. ft. of lot area or
• Replacement of at least 60% of existing or proposed
non-native vegetation with native or drought-
tolerant vegetation.
New Hanover County UDO 22 Project Blueprint
Menu of Stormwater Management Technique Options
[Sample, from another community]
Technique Description/Comments
Additional Riparian Buffer • Provide additional 25 feet of riparian buffer where
required
In addition, we recommend instituting an alternative equivalent compliance process that creates a
method for the County to allow applicants to submit unique project designs that still conform to the intent
of the regulations. To provide additional flexibility, typically most necessary for redevelopment and infill,
we will work with staff to create flexible dimensional and development standards for redevelopment
projects. This might include establishing criteria for setbacks that are established in context with adjacent
development or creating a chart that allows specific reduced setbacks on infill sites where appropriate
buffers and screening are installed.
2. Articulate Clear Review and Approval Criteria/Avoid Ad Hoc Decision-Making for
Individual Projects
The current zoning ordinance does not appear to include substantive review criteria for a number of
development review processes, including rezoning and conditional zoning determinations. This does not
mean that these criteria do not exist, or even that the County does not follow a more-or-less typical
approach to reviewing these applications. But it does mean that the applicant may not be aware of the
criteria. And it might also mean that County decision-makers may vary their approach on occasion, and
create questions about what to expect of development review. A statement of review criteria provided
for each procedure in the UDO helps clarify -generally -how the application will be reviewed. An example
of review criteria for zoning map amendments (rezoning) from Durham County, North Carolina, looks like
this:
New Hanover County UDO 23 Project Blueprint
Specifying review criteria allows the County to establish consistent expectations for both the applicant
and local decision-makers. For the applicant, this provides a measure of certainty regarding the scope of
development review and helps contain project costs that might be incurred in conjunction with conditions
established in an individualized review process. Using the Durham County example above, the applicant
will be on notice that the county will be looking at wastewater treatment when reviewing the application
so the applicant can be prepared to provide engineering information as necessary. For local government,
standards-based review allows the approval process to function smoothly, it makes unacceptable
applications more readily apparent, and conforms to generally recognized legal requirements that local
government not review applications in an arbitrary manner. The new Unified Development Ordinance
will incorporate review criteria for all applications where there is any subjective review beyond the
application meeting the terms of the regulations.
G. Raise the Bar for Basic Site Design
New Hanover County is anticipated to grow at a steady-to-significant pace over the next 25 years. This
provides the County an excellent opportunity to require and encourage the development of high quality
projects that will build and enhance the local character. The current zoning regulations have some
standards regarding development quality that are applicable in some districts, but there are gaps that
have been filled by project-specific design. This approach to site and project planning can be inconsistent
and create problems for the development community who prefer to rely on predictable development
requirements. To meet the Plan NHC goals for future development, the UDO should raise the bar for basic
site design by setting minimum, consistent standards that reflect local requirements and are designed
with sufficient flexibility to not make development cost-prohibitive.
1. Establish or Update Requirements for Landscaping, Buffering, Parking, Site Layout,
Natural Resources and Environmentally Sensitive Areas, Stormwater, and
Mobility/Connectivity
These standards have the greatest impact on the overall look of development, and this is where we will
focus as we update the regulations. We will review New Hanover County’s existing standards against peer
communities that have well-functioning standards and make changes as necessary. Where the County
does not currently have standards, such as for connectivity, we will recommend standards that will work
within the range of development permitted within the new regulations.
2. Incorporate Basic Illustrations and Graphics
The best way we have found to ensure that both the development community and the local staff and
officials understand the development standards to mean the same thing is to incorporate graphics and
illustrations for provisions that can be
clarified through the use of text and
graphics. We will also use charts and
matrices to summarize groups of
information with the goal of ease of
understanding for all of the UDOs many
users.
New Hanover County UDO 24 Project Blueprint
H. Clarify Subdivision Standards and Infrastructure Criteria
The New Hanover County Subdivision Ordinance needs to be updated to reflect current subdivision
practice. This will include more clearly addressing road standards and traffic requirements as well as to
blend the subdivision standards and processes with the zoning standards and processes to create a single
UDO. We anticipate addressing the following topics:
1. Update the Subdivision Approval Process
One of the most complex review and approval processes is typically the major subdivision approval
process. This is because there are multiple aspects of development that must be included and identified
in the site design in order for local decision-makers to review the application. We will create an easy-to-
understand summary of the process along with step-by-step instructions for applicants and the public to
follow.
2. Incorporate All Applicable Design Standards
In the same way that the zoning ordinance will include design standards for development on a single lot,
the subdivision ordinance will include design standards for the creation of lots from a larger parcel. The
purposes of including this information are to: (1) establish standards that are
applicable to everybody, and (2) let everybody know what the standards are. This
also helps with the creation of a standards-based regulatory process – the County
wants to set the standards, publish the standards, and follow the standards. This
is particularly important with subdivision regulations, where developers incur a
number of up-front costs prior to application approval. The developer needs to
understand the County’s complete list of requirements in order to make informed
decisions about property investment.
As part of our subdivision designs standards drafting process, we will research
relevant public service and infrastructure levels of service, adequacy, and on-
site/off-site provision options and discuss those options with the technical review
committee to determine how best to establish County infrastructure
requirements.
3. Fill-in Gaps for any Missing Standards, Update any Outdated
Standards
As New Hanover County adds mixed-use development to the list of approved development types, it may
be necessary to either add subdivision design standards or create a set of alternative standards that are
appropriate to this development type to allow development to more seamlessly incorporate both
residential and commercial development. One example of the difference between conventional design
and traditional design is the preference in traditional design for rear-loading garages. To allow this
development style, the County may need to revise alley standards to make them more specific and easier
to incorporate in projects, or consider other methods such as private drives or shared driveways that
would be more appropriate. Access is similarly an issue in commercial subdivision, where driveway
spacing and shared access standards may become more specific. Additionally, where residential and non-
residential development are intended to work together in a more compact design the County may not
Alley-loaded garages
New Hanover County UDO 25 Project Blueprint
want to rely on wide buffer easements as permitted in the current subdivision design standards, but
instead use site design to establish the integration of the various uses on the site. As we bring the zoning
development standards together with the subdivision standards, we will highlight areas of inconsistency
and work with County staff to make recommendations for approaches to these issues.
New Hanover County UDO 26 Project Blueprint
III. Annotated Outline
A. Current Zoning and Subdivision Regulation Organization
One of the purposes of this project is to combine the current zoning and subdivision regulations into a
single Unified Development Ordinance. The current zoning ordinance and subdivision regulations are
organized as follows:
New Hanover County Zoning Ordinance: Current Organization
Article Section Title
Article I In General
Section 10 Authority
Section 11 Jurisdiction
Section 12 Title
Article II Definitions
Section 20 General
Section 21 Tense and Number
Section 22 Word Interpretations
Section 23 Definitions
Article III Establishment of Districts
Section 30 Provision for Official Map
Section 31 Rules for Interpretation of District Boundaries
Section 32 Application of District Regulations
Article IV Non-Conforming Situations
Section 40 General
Section 41 Definitions
Section 42 Use of Undeveloped Non-Conforming Lots
Section 43 Completion of Non-Conforming Projects
Section 44 Extension or Enlargement of Non-Conforming Situations
Section 45 Change in Kind of Non-Conforming Use
Section 46 Abandonment and Discontinuance of Non-Conforming Situations
Article V District Regulations
Section 50 Establishment of Use District
Section 51 Residential Districts
Section 52 Commercial Districts
Section 53 Industrial Districts
Section 54 Mixed-Use Districts
Section 55 Overlay Districts
Article VI Supplementary District Regulations
Section 60 Development Plans
Section 61 Traffic
Section 62 Landscaping
Section 63 Additional Restrictions Imposed on Uses Permitted by Right
Article VII Provisions for Uses Allowed As Special Uses
Section 70 Objectives and Purposes of Special Use Permits
Section 71 Minimum Parking Requirements
Section 72 Additional Restrictions Imposed on Certain Special Uses
New Hanover County UDO 27 Project Blueprint
New Hanover County Zoning Ordinance: Current Organization
Article Section Title
Article VIII Off-Street Parking and Loading
Section 80 Off-Street Parking Requirements
Section 81 Minimum Parking Requirements
Section 82 Off-Street Loading Requirements
Article IX Design Standards and Regulations for Signs
Section 90 Purpose
Section 91 General Provisions
Section 92 Administration, Filing Procedure, and Permits
Section 93 Signs Which do not Require a Permit
Section 94 Signs Which Require a Permit
Section 95 Temporary and Special Event Signs
Section 96 Outdoor Advertising Signs
Section 97 Nonconforming Signs
Article X Administration and Enforcement
Section 100 Administration and Enforcement
Section 101 Building Permits or Zoning Permits
Section 102 Application for Building Permit or Zoning Permit
Section 103 Expiration of Building Permit
Section 104 Building Permit or Zoning Permit for New or Altered Uses
Section 105 Construction and Use to be Stated on Building Permits
Section 106 Right of Appeal
Section 107 Certificate of Occupancy
Section 108 Duties of Building Inspector, Board of Adjustment, Courts, and County
Commissioners as to Matters of Appeal
Section 109 Vested Rights
Article XI Amendments
Section 110 Amending the Ordinance
Section 111 Petition
Section 112 Approval Process
Article XII Board of Adjustment
Section 120 Creating the Zoning Board of Adjustment
Section 121 Filing and Notice for an Appeal
Section 122 Powers and Duties
Section 123 Appeal from the Zoning Board of Adjustment
Article XIII Legal Provisions
Section 130 Provisions of Ordinance Declared to be Minimum Requirements
Section 131 Complaints Regarding Violations
Section 132 Enforcement of Ordinance
Section 133 Approval of the New Hanover County Health Department or Cape Fear
Public Utility Authority
Section 135 Responsibility
Section 136 Effective Date
New Hanover County UDO 28 Project Blueprint
New Hanover County Subdivision Ordinance: Current Organization
Article Section Title
Article I In General
Section 10 Authority
Section 11 Title
Section 12 Jurisdiction
Section 13 Metes and Bounds
Section 14 Blank
Section 15 Purpose
Article II Definitions and Interpretation
Section 20 Definitions
Section 21 Tense and Number
Section 22 Word Interpretation
Article III Plat Preparation and Approval Procedure
Section 30 In General
Section 31 Sketch Plan
Section 32 Preliminary Plan
Section 33 Final Plat
Section 34 Minor Subdivision
Section 35 Water Supply Watershed
Article IV Design Standards
Section 40 General Provisions
Section 41 Specific Requirements
Article V Improvements
Section 50 In General
Section 51 Guarantees of Improvements
Section 52 Required Improvements
Section 53 Blank
Section 54 Property Owner’s Association
Article VI Administration
Section 60 Variances and Exceptions
Section 61 Planned Unit Development
Section 62 Procedure for Variances and Exceptions
Section 63 Amendment
Section 64 Separability
Section 65 Conflict
Section 66 Public Sites and Open Spaces
Section 67 Duty of Register of Deeds
Section 68 Enforcement of Ordinance
Article VII Appendices and Certificates
In order to implement the major themes described in Section II and create a Unified Development
Ordinance, we anticipate making changes across both the current zoning and subdivision regulations in
both organization and content. These changes are discussed in more detail in the following sections of
this report.
New Hanover County UDO 29 Project Blueprint
B. Proposed Organization
The creation of the UDO should accomplish a few important organizational goals that help to make the
substantive changes to the regulations easier to identify and apply. Best practices for code organization
to enhance usability include:
Consolidation of Content: Grouping like regulations together and avoiding the redundant statement of
regulations across the code in favor of better referencing (table of contents, index, specific cross-
references, headers, and footers).
Simplification of Style: Using a straightforward writing style and incorporating graphics and tables to
present information to the code user.
Consistent Organization: Establishing an overall code organization that is logical and makes it easy for the
user to find all of the information relevant to their search.
To meet each of these best practices, we propose the following organization for the UDO:
New Hanover County Unified Development Ordinance: Proposed Organization
Art. Sec. Title
I General Provisions
10 Purpose
11 Citation and Title
12 Statutory Authority
13 Applicability and Jurisdiction
14 Relationship to County Plans
15 Severability
16 Relationship to Other Regulations; Conflicting Provisions
17 Relationship to Third Party Private Agreements
18 Transitional Regulations
II Zone Districts
20 Zoning Map and Interpretation
21 Establishment of Districts
22 Dimensions
23 Residential Districts
24 Commercial Districts
25 Mixed-Use Districts
26 Industrial Districts
27 Special Purpose Districts
28 Overlay Districts
29 Planned Development Districts
III Use and Structure Regulations
30 Permitted Use Table
31 Structures
32 Use Standards
33 Special Use Standards
34 Accessory Use Standards
35 Temporary Use Standards
36 Special Event Standards
New Hanover County UDO 30 Project Blueprint
New Hanover County Unified Development Ordinance: Proposed Organization
Art. Sec. Title
37 Nonconformities
IV Development Standards
40 General Provisions
41 Parking and Loading
42 Connectivity and Mobility
43 Traffic and Access
44 Landscaping, Screening, and Buffering
45 Building and Streetscape
46 Outdoor Lighting
47 Sensitive Lands and Resource Protection
48 Signs
V Design and Improvement
50 General Provisions
51 Layout and Design
52 Streets
53 Stormwater
54 Water and Wastewater
55 Utilities
56 Parks and Open Space
57 Easements and Dedications
58 Construction and Acceptance of Improvements
59 Improvement Guarantees
VI Administrative Procedures
60 General Provisions
61 Common Procedures
62 Specific Procedures
63 Plans and Permits
VII Recommending and Decision-Making Bodies
VIII Violations and Enforcement
IX Measurements and Definitions
90 Measurements
91 Rules of Construction
92 Definitions and Terms
C. Detailed Description
The following sections discuss the general content of the proposed UDO. General commentary is included,
where appropriate, to explain the purpose or rationale behind certain sections. Although it is unlikely, it
is possible that this structure will be modified as we proceed with detailed drafting of the new provisions
– particularly if it becomes clear that some sections need significantly more or less detail. We view this
Blueprint as a vehicle for helping define expectations about what is to be accomplished in the new
ordinance before we begin the more extensive process of restructuring, reformatting, and rewriting.
New Hanover County UDO 31 Project Blueprint
For the purposes of the new UDO, we have maintained the existing numbering system of articles and
sections; however, some existing sections may be relocated and therefore renumbered in the new
regulations.
Article I : General Provisions
This article will contain the general provisions that are relevant to the entire UDO.
Several sections will consolidate similar provisions that already exist in the zoning and subdivision
ordinances. Key new sections will include:
Section 14 Relationship to County Plans will include provisions connecting the land use regulations to the
goals and policies of Plan NHC and other relevant County and regional planning documents.
Section 16 Relationship to Other Regulations will state that the land development regulations are
generally intended to complement other regulations associated with affected properties and land uses,
including those regulations found in state and federal law. It will also provide that when the requirements
of the UDO come into conflict with other County regulations, the more restrictive regulations shall apply.
Section 18 Transitional Regulations will establish the method to resolve the status of properties with
pending applications, recent approvals, and properties with outstanding violations at the time the new
UDO is adopted. We recommend that this new section allow for applications, in general, to be processed
under the rules in place at the time a complete application is submitted. The transitional regulations
section will also include language stating that violations prior to the enactment of the revised UDO shall
remain violations after the effective date of the UDO.
Article II Zone Districts
This article will identify six categories of zone districts: residential, commercial, mixed-use, industrial,
special purpose, and overlay districts. Each zone district will include purpose statements providing specific
links to Plan NHC and providing instructions about the use of the district as well as any district-specific
regulations. Dimensional requirements will be summarized in a single table and use allocations and
standard for each district will be cross-referenced to Article III.
New Hanover County UDO 32 Project Blueprint
Working with staff and the technical review committee, we will overhaul and revise the existing zone
district line up to better implement County plans and encourage the development types and patterns
preferred in New Hanover County. We will identify the specific districts in the new zone district line up in
more detail through conversations with staff and the consulting team following the completion of this
Blueprint Report. Key new and updated sections and provisions will include:
Purpose Statements will be included in each zone district to provide policy instructions about the use and
interpretation of each district. Purpose statements in a zone district can provide a window for
incorporating planning policy and description that is typically not otherwise included in a zone district.
Purpose statements can also provide both the staff and code user with guidance to reasonably predict
how the regulations would be interpreted to include an unlisted use. A sample purpose statement from
a zone district in Cary, North Carolina, provides this example:
Section 4.2.2(k) CT: Corridor Transitional District. The CT district addresses concerns unique to
areas when other zoning districts cannot achieve the desired results. This district addresses the
needs of specific areas defined in Comprehensive Plan, special plans, or studies. They may be
applied for some or all of the following reasons:
(a) To provide buffering and compatible land uses between residential areas and thoroughfares,
where the residential character of an area has changed or is changing or may be subject to
development pressure;
(b) To facilitate development solutions that will enhance area character, address existing
deficiencies and provide benefits to the area and/or community; and
(c) To provide opportunities for consolidation of properties to encourage and permit unified
planning and compatibility of uses within the districts and the existing and anticipated
development in the surrounding area. They also provide a means to ensure that the land uses
permitted by the existing zoning on adjacent properties are not negatively impacted by the uses
permitted in CT districts.
Section 22 Dimensions will consolidate the dimensional standards (height, setback, etc.) for the various
zone districts and assorted supplemental regulations in one or more tables. A table format is more
compact and, in our experience, is more user-friendly for many code users. A sample dimensional table
from another community provides this example:
New Hanover County UDO 33 Project Blueprint
Table 94-30.1 NC Dimensional Standards
Building Types
Lot Setbacks (ft.) [1] Development
Coverage (max.)
He
i
g
h
t
(
f
e
e
t
,
m
a
x
.
)
Lo
t
A
r
e
a
(m
i
n
,
f
t
.
)
Ma
x
L
o
t
Co
v
e
r
a
g
e
(
%
)
Front
(max)
Side (min)
Rear
(min)
De
n
s
i
t
y
(m
i
n
/
m
a
x
)
FA
R
In
t
e
r
i
o
r
Ab
u
t
t
i
n
g
St
r
e
e
t
Attached House 2,200 70 15 0 15 10 8/20 -- 38
Multi-Unit Dwelling 4,000 70 15 0 15 10 8/20 -- 40
Live-Work [2] 5,000 70 15 0 15 10 -- 1.0 40
Commercial (up to
7,000 sq. ft. total) [3] 70 0 0 15 10 -- 1.0 35
Mixed-Use [3] 70 0 0 15 10 -- 1.0 35
Office [3] 70 0 0 15 10 -- 1.0 35
Civic [3] 70 0 0 15 10 -- 1.0 35
Notes:
[1] NC abutting residential shall match the side yard setbacks of the residential district
and provide a 20-foot rear yard setback.
[2] Standards for new construction, the city may permit conversion of existing structures
that do not meet these dimensional standards.
[3] Must meet structure size and setbacks.
Article III Use and Structure Regulations
In this article we will consolidate the use table and use regulations into a single location. We will update
and reclassify the use table to make it easier to use and more comprehensive. In addition to updating
and reclassifying the use table, we will also consolidate all of the existing use-specific regulations - those
standards that are applicable to specific uses that may be generally applicable, applicable based on the
size of the use, type of use, or zone district in which the use is located - into this article and add new
regulations as necessary.
Key new and updated sections and provisions will include:
Section 30 Permitted Use Table will include an updated use table organized from broad categories to
narrow uses to make information easy to find. Use categorization includes: (1) overall categories of use
such as residential, public/institutional, commercial, and industrial; followed by: (2) general use types,
New Hanover County UDO 34 Project Blueprint
such as personal service or general retail; and then: (3) as necessary, a specific use type singled-out for
additional regulation, such as uses with a drive-thru. A sample use table from another community looks
like this:
Section 31 Structures will identify and define the types of structures
permitted in districts. This regulatory approach can work in conjunction
with use regulations in areas of the County where the built form of the
community will have more impact on long-term placemaking than
individual uses will, such as in areas where the County wants to
encourage compact, walkable, mixed-use development. A range of
retail, office, and residential uses might be encouraged in these areas and
the important factor for successful development will be how well these
sites and structures are designed to work together, not whether one shop
is a pet store or a barber shop. We will work with the County to define
appropriate local structural regulations and use a range of local and
regional photographic images to provide illustrations and development
guidance; one example (from another community) looks like this:
Description of classification system
New Hanover County UDO 35 Project Blueprint
Section 35 Temporary Use Standards will be updated to collect all of the County’s current temporary use
regulations, such as temporary farmers market, and add a more robust list of potential temporary uses.
The regulation of temporary uses is historically an afterthought in the zoning process with most temporary
uses handled on an as-needed basis. The recent United States Supreme Court decision in Reed v. Town
of Gilbert, however, has just changed the approach that local governments need to use to regulate signs,
particularly temporary signs. Many requests for temporary signs can be linked to temporary uses and
special events, so by enhancing the current regulations in both of these categories we will also establish
the basis for non-content based regulation of related signage. One example of temporary use regulations
from another community looks like this:
Table 94-49.1: Temporary Uses
P = Permitted Use T = Temporary Use Permit
Use Type
LD
R
,
A
MD
R
HD
R
NC
MU
CC
Do
w
n
t
o
w
n
En
t
Bu
s
i
n
e
s
s
In
d
u
s
t
r
i
a
l
Occurrence
per Parcel
per Year
Days per
Occurrence
[1]
Use
Stand.
Charitable Drop
Box T T T One year permit,
renewable 94-49(d)
Construction Field
office/ Storage
Yard
T T T T T T T T T T Up to 3 year permit 94-49(d)
Farmer’s Market T T T T T 50 1 94-49(d)
Food Truck T T T T T T T 45 days 1 94-49(d)
Garage/Yard/
Estate Sale T T T T T
3, not more
than once
every 60
days
4 94-49(d)
Portable Storage
Units T T T T T T T T T 2 per
address
Up to 30
[2] 94-49(d)
Private Property
Assembly Event T T T T T T T T T T 12 2 94-49(d)
Public Events on
Private Property T T T T T T T T T T 12 2 94-49(d)
Outdoor Sales/
Promotional
Events
T T T T 7 5 94-49(d)
Recycling Center T T T T T 12 5 94-49(d)
Searchlight T T T 10 1 94-49(d)
Seasonal Sales T T T T 2 Up to 30 94-49(d)
Temporary Office
Facilities T T T T T T Up to 3 year permit 94-84(d)
Temporary
Vehicle Washes T T T T 4 1
Notes [1] Consecutive unless otherwise noted
[2] Unless a valid building permit exists
New Hanover County UDO 36 Project Blueprint
Article IV Development Standards
This article will be the location where we collect and update all of the County’s development standards.
Development standards are those sections of the UDO that establish categories of regulations applicable
across multiple development types, such as parking, landscaping, signs or commercial design standards.
This article will incorporate some standards that currently exist, such as parking standards and tree
protection, and we will work with staff and relevant County plans to identify additional topics for the
creation of new regulations or more substantial update of existing regulations, such as mobility and
sensitive lands requirements. We will also determine whether the design requirements of any of the
current zone districts should be made more generally applicable. As we draft, we will review the current
regulations to identify which standards should be mandatory and which should be permissible or
encouraged.
Key new and updated sections or provisions will include:
Section 42 Connectivity and Mobility will address connectivity between lots and streets, streets and
streets, and overall neighborhood development. The mobility
provisions will focus on providing and connecting multi-modal
connections around the County.
Section 44 Landscaping, Screening, and Buffering will update and
expand options in all three categories to address the different
types of landscaping, screening, and buffering required by
different development types across the County.
Section 45 Building and Streetscape will include standards
addressing key aspects of building and site design related to form,
massing, and site placement – not architectural design. The
design standards now included in individual zone districts will be
reviewed and folded into this section with revisions as necessary
to provide more comprehensive regulation of non-residential
building and site design. Standards for residential design, as
permitted by North Carolina law, will be divided between those
that are applicable only as part of the subdivision process and
those that would be applicable to all new development. The
New Hanover County UDO 37 Project Blueprint
design standards will specifically address mixed-use development. One of our main goals in this section
will be to create objective, measurable standards wherever possible to provide design certainty to both
applicants and the County. We will also build in design flexibility and innovation through the use of menu-
based approaches that allow applicants to choose from a list of design alternatives and an equivalent
compliance procedure that will allow applicants to submit alternative designs for County review where
those designs meet the intent and approval criteria of the regulations but not necessarily the specific
regulatory requirements.
Section 48 Signs will be reviewed and updated as necessary to conform to the requirements of Reed v.
Town of Gilbert. We will produce a follow-up report on changes to the sign regulations that incorporates
the County staff audit prepared in 2015.
Article V Design and Improvement Standards
This article will include updates and additions to existing improvement standards in the current New
Hanover County Subdivision Ordinance, with the goal of creating a fully functioning set of subdivision
design standards. In addition to implementing Plan NHC, we will also coordinate this section with
appropriate provisions of NCDOT requirements, the Cape Fear 2040 Transportation Plan, and the
Northeastern New Hanover County Future Street Plan.
Many of the updates and revisions in this article will focus on reviewing current subdivision design and
improvement standards to ensure that they are applicable and up-to-date. We will also collect and clarify
the “paperwork” aspects of the subdivision process in Section 58
Construction and Acceptance of Improvements and Section 59
Improvement Guarantees so both applicants and County staff are clear
about the requirements of these provisions.
We anticipate that most of the substantive changes to this article will
occur in Section 53 Stormwater. New Hanover County has asked
Thomas and Hutton to clarify, modernize, and build the requirements of
this section to ensure that that County’s stormwater regulations are
capable of addressing continued growth in the County in the face of
future weather and storm events in the region. T&H will be meeting with Curb cuts allow stormwater to enter
planted area and infiltrate into the soil
New Hanover County UDO 38 Project Blueprint
County staff over the next few weeks to clarify the scope of this work and we will summarize that scope
in an updated draft of this report when it is complete.
Article VI Administrative Procedures
The procedural requirements in the current zoning and subdivision ordinances are somewhat minimalist
in their explanations to applicants and scattered across the regulations. These provisions can be cleaned-
up and expanded to provide a much broader range of useful information to applicants who use the
regulations. Working through and defining each process will also allow us to explore whether each
process is effective and efficient. Efficiency is achieved when the general review framework is not
redundant, the procedures and the review standards result in a reasonable degree of certainty, and the
procedures for obtaining each type of approval or permit are streamlined to the greatest extent possible,
while ensuring that the community's substantive planning and development goals are used in all decision-
making.
Key new and updated sections and provisions will include:
New Hanover County UDO 39 Project Blueprint
Section 61 Common Procedures will build on the information
currently provided in Article 9 to create complete and
consistent descriptions of the many processes applicable across
multiple application types, including providing requirements
for:
• Optional and required pre-application meetings
• Application submittal requirements
• Fees
• Determination of a complete application
• Staff review
• Public notice requirements
• Recommending and decision-making bodies
• Continuance, withdrawal, and inactive applications
• Successive applications
• Modification of approvals
• Lapsing and extension of approvals
• Appeals
Section 62 Specific Procedures will provide a detailed list of steps required for each type of application or
permit request in the County along with a process flow chart that will help applicants understand how the
application will be reviewed and decided upon. This section will include procedures for the following
application and permit types, provided the UDO amendments do not eliminate these processes:
• Rezoning, General (zoning map amendment) (Sec. 110)
• Rezoning, Specific Districts: RFMU (Sec. 54.3-6), Conditional Use District (Sec. 55.2), Conditional
Zoning District (Sec. 55.3), Shopping Center District (Sec. 52.4-2)
• Amendment (zoning text amendment) (Sec. 110)
• Site Plan and Special District Processes: Performance Residential Review (Sec. 51.1), RMFU
Conceptual Plan (Sec. 54.3-6), Conditional Use District (Sec. 55.2)
• Planned Development (Sec. 54.2-3)/EDZD Establishment (Sec. 54.1)
• Subdivision Application Processes (Art. III)
• Special Use Permits (Sec. 71)
• Industrial Modifications and Expansions (Sec. 53.2-8)
• Specific Application Processes, such as development of a historical or archaeological site in the
COD (Sec. 55.1-4)
• Floodplain Development Application (Art. 4, Sec. B)
New Hanover County UDO 40 Project Blueprint
• Zoning Variance (Sec. 121), Subdivision Variance (Sec. 60), Floodplain Variance (Art. 4, Sec. E)
• Appeal of an Administrative Determination (Sec. 121)
• Sign Permit (Sec. 91-10)
• Tree Removal Permit (Sec. 62.1-9)
• Zoning Permit (Sec. 102-1)
• Building Permit (Sec. 102-1)
• Demolition Landfill Permit (Sec. 63.3-3.4)
Article VII Recommending and Decision-Making Bodies
The purpose of this article is to consolidate and clarify the different roles of the review and decision-
making bodies in review and approval procedures. Provisions such as these can help establish clear lines
of authority in the County’s decision-making procedures. This article will also reflect any proposed
delegations of authority and clarify the role of staff and the director in the decision-making process where
currently the regulations are silent on some review processes that are current practice. We will also create
a summary table of recommending and decision-making bodies similar to this example from another
community:
SAMPLE (from another community) Table 1131-1: Summary Table of Review Bodies
H = Hearing (Public Hearing Required)
M = Meeting (Public Meeting Required)
D = Decision (Responsible for Final Decision)
A = Appeal (Authority to Hear/Decide Appeals)
R = Recommendation (Responsible for Review and a Recommendation)
Procedure Section Town Council Planning
Commission
Board of
Zoning
Appeals
(BZA)
Planning
Department
Zoning Ordinance Text or Map
Amendment 1132.05 H-D M-R R
Site Plan Review 1132.06 M-D R
Conditional Use Review 1132.07 H-D R
Certificate of Appropriateness 1132.08 M-D R
Appeals 1132.11 H-A
Dimensional Variance 1132.09 H-D R
Nonconforming Use Review 1132.10 H-D R
Minor Administrative Modification 1132.12 D
Zoning Permit 1132.13 D
Certificate of Occupancy 1132.14 D
Article VIII Violations and Enforcement
This article will combine the enforcement and penalty provisions from both the zoning and subdivision
ordinances and update them as necessary. We will also provide more a more detailed description of the
enforcement process that: 1) describes the applicability of the enforcement provisions; 2) describes how
enforcement takes place; 3) lists potential code violations; 4) identifies remedies and penalties in detail;
and 5) specifies procedures for enforcement actions.
New Hanover County UDO 41 Project Blueprint
Article IX Measurements and Definitions
Clear definitions of important words, phrases, and uses not only make life easier for those
who must interpret and administer the regulations, they also make it much easier for the
general public who need to know what is permitted and/or required but may not have as
complete an understanding of development regulations as staff, public officials, and
frequent code users (e.g., developers, builders, and consultants).
This article will contain three sections that provide common measurement instructions,
rules of constructions for the UDO, and definitions. We will collect all three from the
current regulations and revise and add to them as necessary to ensure that: 1) all key
terms are defined, 2) the definitions do not contain substantive or procedural requirements, and 3)
applicable definitions conform to federal and North Carolina constitutional requirements. We will also
verify that definitions of terms related to requirements of federal or state law conform to applicable
provisions of those laws.
Article X Appendices
The new UDO may include appendices of information that are inappropriate to incorporate into the main
body of the document. Examples of common appendices include, but are not limited to, lists of approved
plant materials, submittal requirements, fees, and other documents adopted as supplements to the
Unified Development Ordinance.
New Hanover County UDO 42 Project Blueprint
IV. Existing Code Audits
The following sections of the Blueprint contain our preliminary reviews of the major ordinances that will
be combined into the New Hanover County UDO. These reviews contain our comments based on best
practices and common approaches that we have encountered in our work across the country. We
anticipate making many of these revisions as we update the regulations. We also anticipate that
conversation with County officials and community members will help us better understand the role and
purpose of some specific provisions that may lead to additional discussion and a more refined approach
to revising those provisions.
A. New Hanover County Zoning Code Audit
Item Art. Sec. Provision Comment
ARTICLE II and III
1 II General Article II
Comment
Many definitions include regulations that
should be removed from definitions.
Placement of regulations in the definitions
section render the document difficult to
administer and use. Consider using cross
references for any portions of the definition
that relate to regulations in subsequent
sections of the ordinance.
2 II 23 General Article II
Comment
Definitions of measurements should be
illustrated. Illustrations to be included in
updated UDO.
3 II General Article II
Comment
New definitions will be included as part of a
revised code.
4 III 32 Application of District
Regulation - 32-1 (8)
The addition of a provision for lots split by
two different zoning districts is suggested.
ARTICLE IV
5 IV 41 Section 41 - Definitions All definitions should be moved to the
definitions section.
6 IV 42-1 Non-Conforming Single
Lot of Record
Redundant definition of non-conforming lot
is not necessary here.
7 IV 42-1 (1) Non-Conforming Single
Lot of Record
The County may want to consider a
reduction in side setbacks proportionate to
the width of the lot in relation to the
required lot width.
8 IV 42-2 Non-Conforming Vacant
Contiguous Lots of Record
Why is there a size threshold related to this
provision? It should apply to any NC lots in
common ownership. It should also apply to
ownership prior to adoption of the
ordinance.
New Hanover County UDO 43 Project Blueprint
Item Art. Sec. Provision Comment
9 IV 44-6 Extension or Enlargement
of Non-Conforming
Situations
This should be a separate section regarding
maintenance
10 IV 44-7 Extension or Enlargement
of Non-Conforming
Situations
Will this be relevant with new special use
process?
11 IV 44-8 Extension or Enlargement
of Non-Conforming
Situations
Will this be relevant with new special use
process?
12 IV 44-8 (3) Extension or Enlargement
of Non-Conforming
Situations
Will this be relevant with new special use
process?
13 IV 45-2.1 Change in Kind of Non-
Conforming Use
By definition, the accessory use is related to
the principal use. If it isn't, it might be a
second principal use or an illegal accessory
use.
14 IV 45-4 Change in Kind of Non-
Conforming Use
This section should reference a section
established for non-conforming buildings
and structures.
15 IV 46 Abandonment and
Discontinuance of Non-
Conforming Situations
A subsection regarding criteria used to guide
a determination of the intent to abandon or
discontinue the non-conforming use should
be established – e.g. severance of utilities,
removal of fixtures, lack of maintenance
ARTICLE V
16 V 50.3 Conditional Use Districts
and Conditional Zoning
District Classifications
General comment regarding the
reevaluation of the conditional districts for
future ordinances.
17 V 50.4 Special Density Exception
For Pre-existing Utility
Parcels (5/3/10)
General comment regarding the varying
exceptions and conditional provisions that
warrant reevaluation. Is this still a necessary
provision for future ordinance?
18 V Table of Permitted Uses General comment that the stated purposes
of each district should be tied to the uses
allowed. This does not seem to be the case.
District evaluation, listed permitted uses,
and use table calibration should occur with
future regulation drafts.
19 V 51 Residential Districts The regulations associated with the various
Use Districts should be a separate article
within the regulations.
20 V 51.1-1 Conventional Residential Provide clarity and definition for
“Conventional Residential”. Where does
this apply?
New Hanover County UDO 44 Project Blueprint
Item Art. Sec. Provision Comment
21 V 51.1-2 Performance Residential This should be in a separate section with
more explanation of what it is, its purpose,
and its intended results.
22 V 51.1-2(8) Performance Residential Does this mean that the County could
rescind its approval or require changes
following approval of the development
plan?
23 V 51.1-
2(11)C
Performance Residential Restate this paragraph to simplify, possibly
add a table of allowed density by district
24 V 51.1-3 Performance Residential Is this referring to the General Development
Plan or the Preliminary Approval cited
above? In either case, review standards
should be listed to make the review process
consistent, fair and predictable.
25 V 51.1-3 Performance Residential Consider removing as this is an
administrative procedure.
26 V 51.2 AR Airport Residential
District
This needs to be coordinated with updates
to definitions. Currently the use table
allows for churches and community centers
in this district.
27 V 51.2-4 Dimensional
Requirements
These should be reconciled with the
minimum lot area of 1 acre. The additional
dimensional standards may be out of
context with a minimum 1 acre area.
28 V 51.3-1 Rural Agricultural District
RA
It would be helpful to have a combined use
table for the residential districts in this
section/article (in addition to the combined
table for all districts which could be in an
Appendix)
29 V 51.3-2 Dimensional
Requirements
Smaller lot size and wider lot than required
in the AR District? The purpose statement
suggests a desire for rural large lot
development and farms.
30 V 51.3-5 Performance Residential That's less than is allowed by the RA
minimum requirements. Is this a
disincentive to use the Performance
approach?
31 V 51.5 R-20 Residential District The difference between R-20 and R20S is
unclear and should be stated as part of the
purpose.
32 V 51.5-2 Conventional Residential
Regulations
Are duplex units in conflict with the low
density district and the purpose statement?
33 V 51.6-2 Conventional Residential
Regulations
Small lot sizes for septic systems. Density of
that many systems could be an issue.
34 V 51.6-5 Performance Residential Again, very dense for intended septic system
disposal
New Hanover County UDO 45 Project Blueprint
Item Art. Sec. Provision Comment
35 V 51.7-1 R-10 Residential District Public sewer, at a minimum, should be
required. Septics would not be desirable on
such small lots.
36 V 51.8-1 R-7 Medium Density
Development
R-10 requires a 5 foot side yard. This seems
like it should be equal or smaller.
37 V 51.8-5 R-7 Medium Density
Development
Should these also apply to R-10 and R-15
districts?
38 V 51.8-
5(4)(A)
R-7 Medium Density
Development
Where is this measurement taken? Parcel
line, structure, or boundary of subdivision?
39 V 51.8-
5(4)(A)(2)
R-7 Medium Density
Development
This is confusing and requires context with
#113 above. If the yard is greater than 35
feet, must it all be a buffer strip? The
language refers to "residential uses" not
"residential development". Terminology
should be consistent to avoid confusion and
misinterpretation.
40 V 51.8-
5(4)(B)
R-7 Medium Density
Development
Setbacks would not allow for structures to
be that close.
41 V 52.1-1 B-1 Business District Many of the allowed uses in the table are
inconsistent with this purpose statement.
42 V 52.2-1 B-2 Highway Business
District
See #117 above. The name implies highway-
oriented commercial (restaurants, hotels,
gas stations, etc.); but the uses range from
agriculture to manufacturing.
43 V 52.2-
4(3)(A)
B-2 Highway Business
District/Dimensional
Requirements
For ease of use, the dimensional
requirements should be with the district. By
creating a Business District article with a use
table and dimensional requirements table,
all relevant requirements can be in one
place.
44 V 52.2-4(4) B-2 Highway Business
District/Dimensional
Requirements
Is this different than the Wilmington Area
Thoroughfare Plan cited above?
45 V 52.2-4(4) B-2 Highway Business
District/Dimensional
Requirements
None of the other districts has a FAR
standard. The added calculation may create
confusion.
46 V 52.2-4(4) B-2 Highway Business
District/Dimensional
Requirements
The remaining standards in this subsection
are confusing and should be clarified to
convey the intent of the measurements and
the intended outcome.
47 V 52.3-1 O&I Office and
Institutional District
Again, many of the allowed uses are not
consistent with this purpose... agriculture,
wholesale nurseries, RV storage lots,
demolition-landscape landfill, etc.
New Hanover County UDO 46 Project Blueprint
Item Art. Sec. Provision Comment
48 V 52-3-4 O&I Office and
Institutional District/Signs
and Lighting for O&I
Districts
All sign regulations should be located in the
sign ordinance. Confusion for internal and
external users.
49 V 52.4 Shopping Center District This should follow the organization of other
districts, starting with a purpose statement
50 V 53.1 Industrial Districts/AI
Airport Industrial District
The County should consider coordinating
this district with the City’s AI district
51 V 53.1-1 Industrial Districts/AI
Airport Industrial District
Many of the allowed uses are inconsistent
with the purpose statement and
incompatible with airport use... single family
dwellings, hospitals, general merchandise
retail, auto and RV dealerships, theaters,
outdoor shooting range, all forms of general
manufacturing, etc.
52 V 53.1-5 Industrial Districts/AI
Airport Industrial
District/Protection of
Residential Areas
This standard seems difficult to achieve as
single family residential is a permitted use
by right in the AI District.
53 V 53.2 I-1 Light Industrial Again, many uses inconsistent with the
purpose... general manufacturing, vehicle
sales, furniture sales, stables, churches,
carnivals, mobile home dwellings, hardware
store (Home Depot?)
54 V 53.2-8 I-1 Light
Industrial//Existing
Industrial Uses
This section on existing industrial uses
should be clarified and rewritten.
Coordination with standards associated with
non-conformities and standards for
modifications of structures is critical. Clear
criteria should be drafted.
55 V 53.2-
8.1(B)
I-1 Light
Industrial//Existing
Industrial
Uses/Modifications
and/or Expansions onto
Adjacent or Contiguous
Parcels
Should consider why this matters.
Ownership is not relevant as the zoning runs
with the land until changed.
56 V 53.3 Heavy Industrial As stated in many footnotes above. Purpose
statements should be calibrated with uses
allowed in the use table.
57 V 53.3-8 Heavy Industrial/Existing
Industrial Uses
This section on existing industrial uses
should be clarified and rewritten.
Coordination with standards associated with
non-conformities and standards for
modifications of structures is critical. Clear
criteria should be drafted.
New Hanover County UDO 47 Project Blueprint
Item Art. Sec. Provision Comment
58 V 54.1-2 Mixed-Use
Districts/Exceptional
Design Zoning District
(EDZD)/Applicability
This section should be restated in the
positive to identify where the district is
applicable rather than leading with
prohibitions. Density hasn't even been
addressed at this point. This provision
should be moved to a later part of the
district where allowed density is discussed.
The density that is discussed should be
characterized by “net density”.
59 V 54.1-2 Mixed-Use
Districts/Exceptional
Design Zoning District
(EDZD)/Applicability
Would be helpful to include a permitted
uses section here and coordinate with any
required use table notes/special
circumstances. This way the user would
know in advance of reading the entire article
what they can and can't do on the property.
There is nothing in the EDZD section that
states what uses are or are not permitted.
60 V 54.1-5(3) Mixed-Use
Districts/Exceptional
Design Zoning District
(EDZD)/Underlying
Standards for Projects
within an EDZD
Reexamine this standard as it does not
provide much incentive or reduction for a
mixed-use or commercial project that are
expected to promote walkability or shared
facilities.
61 V 54.1-5(9) Mixed-Use
Districts/Exceptional
Design Zoning District
(EDZD)/Underlying
Standards for Projects
within an EDZD
This is a general requirement that should be
stated in general development standards or
in a lighting standard applicable to all
developments.
62 V 54.1-
5(10)(a)
Mixed-Use
Districts/Exceptional
Design Zoning District
(EDZD)/Underlying
Standards for Projects
within an EDZD
This isn't much for a district that's intended
to protect sensitive natural areas. This
statement should also be clarified. Is it 10%
of the site or 10% of the 35% requirement?
A definition should be considered for this
term.
63 V 54.1-
5(10)(b)
Mixed-Use
Districts/Exceptional
Design Zoning District
(EDZD)/Underlying
Standards for Projects
within an EDZD
How does this differ from "natural open
space"? Is a wetland with a boardwalk
through it a "passive recreation open
space"? It seems that the emphasis should
be reversed with "active recreation" such as
swimming pools and tennis courts occupying
less area than natural and passive areas. A
definition should be considered for this
term.
New Hanover County UDO 48 Project Blueprint
Item Art. Sec. Provision Comment
64 V 54.1-6 Mixed-Use
Districts/Exceptional
Design Zoning District
(EDZD)/Staff
Recommendations
There should be a much stronger statement
of purpose and intent at the beginning of
the district and one of the findings should
determine the extent to which the proposed
project addresses the purpose of the district
65 V 54.1-7 Mixed-Use
Districts/Exceptional
Design Zoning District
(EDZD)/Actions by
Planning Board; Board of
Commissioners
This is pretty vague and indirect. It should
state that the PB shall make a
recommendation to approve, deny or
approve with conditions.
66 V 54.1-8 Mixed-Use
Districts/Exceptional
Design Zoning District
(EDZD)/Development to
be in Accord with
Approved Concept Plan
and Related Regulations
Consider rewriting for clarity.
67 V 54.1-9 Mixed-Use
Districts/Exceptional
Design Zoning District
(EDZD)/Administrative
Action for Approval of
Final Plans
This should reference a site plan review
chapter to ensure that all final site plans are
providing the same level of detail and
information.
68 V 54.1-11 Mixed-Use
Districts/Exceptional
Design Zoning District
(EDZD)/Restrictions of
Permitted Uses
The allowable uses should be stated
someplace (near the beginning of the
district narrative) to let the applicant know
what uses may be permitted and which ones
are not allowed. If any use is eligible for
EDZD zoning, that should be stated.
69 V 54.1-13 Mixed-Use
Districts/Exceptional
Design Zoning District
(EDZD)/Modifications
What are the standards for determining
conflict? These should be explicit or
outlined as at the discretion of some
individual, board, or commission.
70 V 54.1-14 Mixed-Use
Districts/Exceptional
Design Zoning District
(EDZD)/Exceptional Design
District Standards
Converted to Points
Is it possible to be zoned EDZD and not have
more than 6 per acre by choice?
71 V 54.1-14 Mixed-Use
Districts/Exceptional
Design Zoning District
(EDZD)/Exceptional Design
District Standards
Converted to Points
These should be specified in the beginning
of the EDZD district as "Qualifying
Conditions" along with other basic
requirements, rather than in this table. The
table should only be for bonus extras.
New Hanover County UDO 49 Project Blueprint
Item Art. Sec. Provision Comment
72 V 54.1-14
Table
1. Smart Location - Option
3
Define “near” with some form of specificity.
“Planned” provision could be problematic.
Provide a reference document to establish
planned adequate transit service.
73 V 54.1-14
Table
2. Proximity to Water and
Wastewater Infrastructure
Use “public” infrastructure.
74 V 54.1-14
Table
3. Significant Species and
Ecological Communities:
Option 1
One of the purposes of this district is to
preserve natural areas. Isn't the presence of
unique species likely in such areas? How is
"likely to be present" determined?
75 V 54.1-14
Table
3. Significant Species and
Ecological Communities:
Option3
Option #3 & #4 could be combined for
clarity.
76 V 54.1-14
Table
4. Wetland and Water
Body Conservation and
Preservation
This seems to be a very specific qualifying
condition. Revise to address surface water
protection in general.
77 V 54.1-14
Table
5. Floodplain Avoidance This pretty much qualifies most sites. The
floodplain regs wouldn't allow development
within the floodplain, so it's a moot point.
All options could be consolidated into a
single statement.
78 V 54.1-14
Table
6. Stormwater
Management
Does this exist? Have not seen or heard
anyone mention this before (in the city or
County).
79 V 54.1-14
Table
Additional Requirements/
1. Mixed-Uses
This portion for Mixed-Uses should be
revised and simplified. More weighting
should be provided if it is going to be an
integral part of the district. Land area
should be used as a criteria instead of
square footage.
80 V 54.1-14
Table
Additional Requirements/
1. Mixed-Uses
Reference to section 53.6 is inaccurate as it
doesn’t exist.
81 V 54.1-14
Table
Additional Requirements/
2. Bicycle and Pedestrian
Access
This should be stated more simply. Why just
cul-de-sacs? Why only 90%? What about
connectivity for the rest of the
development?
82 V 54.1-14
Table
Additional Requirements/
2. Bicycle and Pedestrian
Access
Sounds complicated. Isn't it sufficient to
require connection to a commercial center
containing at least 4 businesses?
83 V 54.1-14
Table
Additional Requirements/
3. Housing and
Jobs/Commercial
Opportunity Proximity
Unnecessarily complicated and difficult to
determine.
84 V 54.1-14
Table
Additional Requirements/
3. Housing and
Could include a church or other use that
don’t employ many people or generate
revenue.
New Hanover County UDO 50 Project Blueprint
Item Art. Sec. Provision Comment
Jobs/Commercial
Opportunity Proximity
85 V 54.1-14
Table
Additional Requirements/
6. Transit Facilities
Highly desirable amenity but difficult to
guarantee or retain after it's in place.
Consider revision.
86 V 54.1-14
Table
Additional Requirements/
9. On-Site Renewable
Energy Sources
Renumber.
87 V 54.1-14
Table
Additional Requirements/
9. Water Efficient
Landscaping
Is this counterproductive in reducing runoff?
Can the remaining 75% be impervious
surface? If LID techniques are used, can
more than 25% be turf? How is "turf"
defined?
88 V 54.1-14
Table
Additional Requirements/
10 Native Landscapes
Renumber
89 V 54.1-14
Table
Additional Requirements/
10 Native Landscapes
May be impossible to achieve this and still
accommodate buildings and streets.
90 V 54.1-14
Table
Additional Requirements/
10 Building Orientation
Where did this number come from? Seems
a better option is to promote use of solar
energy in building design and orientation.
91 V 54.1-14
Table
Additional Requirements/
Diversity of Uses List
Between 12 and 28 additional units per acre
above the 6 base units? 4 1/2 times the
base is very generous. Even double the base
density is significant. Has anyone taken
advantage of this?
92 V 54.1-14
Table
Additional Requirements/
BONUS AWARDS
List should be incorporated into the
regulations rather than floating by itself and
should be numbered and put in a table
format.
93 V 54.1
Definitio
ns
Definitions All definitions should be in the Definitions
article. Many of these definitions are just
repeating what is already stated in the
bonus table. Eliminate the definition if it's
repetitive.
94 V 54.1
Definitio
ns
Pre-project connectivity All of these dimensions, distances and
formulas appear to be completely arbitrary
and overly complicated to use.
95 V 54.1
Definitio
ns
Location of project near
existing neighborhood
shops, service, and
facilities
Far too complicated. Multiple
permutations. The intent is clear but must
be greatly simplified to be of value.
96 V 54.1
Definitio
ns
Additional Requirement 2:
Bicycle Storage for
Commercial Non-Retail
Define. Restaurants, banks, offices, day care,
movie theaters???? This may be too broad
a category.
New Hanover County UDO 51 Project Blueprint
Item Art. Sec. Provision Comment
97 V 54.1
Definitio
ns
Additional Requirement
11: Affordable Housing
Inconsistent with what the table on p. 72
states (i.e., AMI)
98 V 54.2 Planned Development
(PD) District
This section is very disjointed and difficult to
follow. It lacks clear review standards,
specifying allowed uses, providing
mechanisms for modifying base
requirements, etc. Consideration for
revising this section should be given if it
aims to promote flexibility and creativity.
99 V 54.2-2 Planned Development
(PD) District/District
Regulations
District should consider including open
space requirements.
100 V 54.2-2(1) Planned Development
(PD) District/District
Regulations
Very large, should consider 20 or 40 acres.
101 V 54.2-2(2) Planned Development
(PD) District/District
Regulations
7 or 8 story building on a collector street in
the County seems fairly intense and likely to
generate a lot of resistance. It may be
preferable to make height increases a part
of the bonus system like increased density
and FAR.
102 V 54.2-2(3) Planned Development
(PD) District/District
Regulations
Consider removing these requirements to
allow greater flexibility. Let the applicant
design the site. Or provide for a
modification of the minimum requirements
based on appropriate design criteria.
103 V 54.2-2(4) Planned Development
(PD) District/District
Regulations
This is excessive and could result in the loss
of a significant amount of property. A
modest buffer could be required but should
be dependent upon the type of uses
(existing and proposed) that will be in
proximity, as well as the presence of existing
vegetation or topographic conditions.
Again, flexibility is essential in a PD. Such
onerous requirements are a deterrent to the
use of PD.
104 V 54.2-2(4) Planned Development
(PD) District/District
Regulations
This seems to say that residential uses may
be located within the 100 feet closest to the
adjoining property but the interior 100 feet
(between the residential uses and balance
of the PD) must be used for recreation,
stormwater or ROWs. This should be
revised.
New Hanover County UDO 52 Project Blueprint
Item Art. Sec. Provision Comment
105 V 54.2-
2(4)(A)
Planned Development
(PD) District/District
Regulations
This is excessive and contradicts paragraph
(3) above. Allow the applicant to propose a
layout, then evaluate it based on stated
criteria... impact on adjoining property,
compatibility of uses, etc.
106 V 54.2-2(5) Planned Development
(PD) District/District
Regulations
This eliminates the use of PD to develop an
industrial park, an office park, a shopping
center, etc. Is that the intent?
107 V 54.2-
2(6)(A)
Planned Development
(PD) District/District
Regulations
This is low intensity development 4.25 and
2.5 won't support a desirable mixed-use
development and would only encourage
sprawl, contrary to the new comp plan. The
EDZD has a base density of 6 per acre and
with bonus points can go all the way to 34
per acre. This is another disincentive to
using the PD option.
108 V 54.2-
2(6)(C)
Planned Development
(PD) District/District
Regulations
Far below what is possible in the EDZD. The
point scale needs to be fine-tuned. 75
points are required to get 10.2 per acre but
165 points are needed for 11 per acre.
Again, the base density is too low and the
maximum density allowed is half of what
can be allowed in EDZD.
109 V 54.2-2 Density Bonus Chart Fairly meaningless if those are established
businesses and they're not hiring more
people. Also a big difference between a
highway corridor lined with fast-food
restaurants and convenience stores vs. an
office building or industrial park.
110 V 54.2-2 Density Bonus Chart This would include a Wal-Mart. Is that the
intent?
111 V 54.2-2 Density Bonus Chart What is the policy that is guiding this
standard? A half mile is a significant
distance and these features could be major
amenities for a well planned development if
development is sensitive to the area.
112 V 54.2-2 Density Bonus Chart More specificity required. Provide a
quantitative measurement (e.g. number of
units that are accessible to a transit route
within a specified walking distance).
113 V 54.2-2 Density Bonus Chart More specificity required for proper
allocation of points.
114 V 54.2-2 Density Bonus Chart How is this reconciled with points awarded
for development ½ mile inland from coastal
wetlands, estuarine waters, estuarine
shorelines and public trust waters?
New Hanover County UDO 53 Project Blueprint
Item Art. Sec. Provision Comment
115 V 54.2-2 Density Bonus Chart Are these not substantial enough facilities.
Why are they excluded?
116 V 54.2-2(7) Planned Development
(PD) District/District
Regulations/Minimum
Public Improvements
Revise. There are many provisions under
this subsection that are unrelated to
improvements and public services.
117 V 54.2-2(7) Planned Development
(PD) District/District
Regulations/Minimum
Public Improvements
A single section should be included within
the PD provisions that allows the PB,
Commissioners and/or TRC to modify
parking, sign, lot, setback, etc. dimensions
based on the applicant demonstrating the
minimum requirements are not applicable
or some modification results in a better
project. Again, the key to PD is flexibility
and creativity.
118 V 54.2-
2(7)(H)
Planned Development
(PD) District/District
Regulations/Minimum
Public Improvements
A long distance from homes being served.
The typical service area standard is 1/4 to
1/2 mile radius. If it's a mile away, it
wouldn't even be in the PD.
119 V 54.2-
2(7)(J)
Planned Development
(PD) District/District
Regulations/Minimum
Public Improvements
If the goals are to encourage walkability,
minimize stormwater impacts and create
cohesive development, reduced parking
should be one of the benefits. Consider this
in context of #201 above.
120 V 54.2-
2(7)(M)
Planned Development
(PD) District/District
Regulations/Required
Master Land Use Plan
This should not be a "required
improvement" per subsection (7). This
should be included with the application
requirements under 54.2-3 (2).
121 V 54.2-
2(7)(M)(2
)
Planned Development
(PD) District/District
Regulations/Required
Master Land Use Plan
Consider removal of this item – it is difficult
to enforce and is up to the applicant to
ensure all requirements and concerns are
adequately addressed.
122 V 54.2-
2(7)(M)(3
)
Planned Development
(PD) District/District
Regulations/Required
Master Land Use Plan
Also consider the inclusion of a conceptual
landscape plan
123 V 54.2-
2(7)(M)(3
)
Planned Development
(PD) District/District
Regulations/Required
Master Land Use Plan
Consider including open space.
124 V 54.2-
2(7)(M)(4
)
Planned Development
(PD) District/District
Regulations/Required
Master Land Use Plan
Consider including net residential acres.
New Hanover County UDO 54 Project Blueprint
Item Art. Sec. Provision Comment
125 V 54.2-
2(7)(M)(4
)
Planned Development
(PD) District/District
Regulations/Required
Master Land Use Plan
Should also consider requiring open space
calculations: total vs. required; active vs.
passive, etc. and table or narrative
identifying requested deviations from
minimum requirements
126 V 54.2-
2(7)(M)(4
)
Planned Development
(PD) District/District
Regulations/Required
Master Land Use Plan
Very detailed for a master plan stage. This
could come later after the zoning is
approved based on the master plan
127 V 54.2-
2(7)(M)(4
)
Planned Development
(PD) District/District
Regulations/Required
Master Land Use Plan
Same comment as above. This is a lot of
work and expense to incur before the
concept plan and zoning are approved. If
changes in layout, uses or density are
required as part of the approval process, the
stormwater and utility designs may have to
change.
128 V 54.2-
2(7)(M)(4
)
Planned Development
(PD) District/District
Regulations/Required
Master Land Use Plan
The required level of traffic analysis should
be determined by calculations of trip
generation per ITE tables or other sources of
information. Set thresholds to determine.
129 V 54.2-
2(7)(N)
Planned Development
(PD) District/District
Regulations/Thoroughfare
Requirements
Move this requirement to the section on
review criteria.
130 V 54.2-
2(7)(O)
Planned Development
(PD) District/District
Regulations/Housing for
Elderly
This provision has no context and doesn't
belong in a section related to improvements
and public services. It should be moved to
another section that addresses uses, height
or exceptions.
131 V 54.2-
2(7)(O)(b
)
Planned Development
(PD) District/District
Regulations/Housing for
Elderly
This should be relocated to the appropriate
item (N) above.
132 V 54.2-3 Planned Development
(PD) District/Procedural
Requirements for the
Establishment of a PD
District
Landscaping needs to be included in the list
of master plan requirements.
133 V 54.2-3 Planned Development
(PD) District/Procedural
Requirements for the
Establishment of a PD
District/Conceptual
Review
This is appropriate but the list of master
plan requirements includes detailed
stormwater and utility design. Those should
be reserved for the final plan stage, along
with grading, landscape plans, etc.
New Hanover County UDO 55 Project Blueprint
Item Art. Sec. Provision Comment
134 V 54.2-3(1) Planned Development
(PD) District/Procedural
Requirements for the
Establishment of a PD
District
Restate as a requirement of the process.
135 V 54.2-3(1) Planned Development
(PD) District/Procedural
Requirements for the
Establishment of a PD
District
Format and requirements should be more
specific for consistency and to avoid
repeated requests for clarification and
additional meetings. Concept plan is very
appropriate but should be clear to the
applicant what should be shown.
136 V 54.2-3(2) Planned Development
(PD) District/Master Land
Use Plan
This is where the detailed list of
requirements under 54.2-2(7)(M) should be
placed.
137 V 54.2-
3(2)(A)
Planned Development
(PD) District/Master Land
Use Plan
Replace with “required”
138 V 54.2-
3(2)(A)
Planned Development
(PD) District/Master Land
Use Plan
TRC comments come after the application is
filed, along with the Master Plan. This
paragraph should be revised and clarified.
139 V 54.2-
3(2)(B)
Planned Development
(PD) District/Master Land
Use Plan
There should be a paragraph explaining the
PB's role, public hearing, etc. Otherwise, a
reference can be made to the appropriate
section of the ordinance that describes the
process for rezoning and delete the
procedural explanation here.
140 V 54.2-
3(3)C
Planned Development
(PD) District/Master Land
Use Plan
These are fairly subjective criteria. More
specificity is needed to distinguish between
a minor change and a major change.
141 V 54.2-
3(2)(D)
Planned Development
(PD) District/Final Plan
This is out of context with the review that is
done by the TRC. TRC review involves more
than compliance with the subdivision
requirements, i.e., zoning compliance,
landscaping, lighting, building orientation
and design, engineering, etc.
142 V 54.3-1 Riverfront Mixed-Use
District/Purpose
Create a list for these objectives.
143 V 54.3-1 Riverfront Mixed-Use
District/Purpose
Since there is no minimum width
requirement or maximum depth from the
river, this could be a keyhole or flag lot
parcel with minimum river frontage and
substantial depth away from the river.
Suggest minimum frontage requirement
along the river.
144 V 54.3-2(2) Riverfront Mixed-Use
District/Mix of Uses
State in the affirmative: at least five percent
of the total floor area shall...
New Hanover County UDO 56 Project Blueprint
Item Art. Sec. Provision Comment
145 V 54.3-2(4) Riverfront Mixed-Use
District/Mix of Uses
This precludes an office building or a hotel,
unless they have a second use which could
be a contrived use like a coffee shop taking
up a minimal space.
146 V 54.3-2(5) Riverfront Mixed-Use
District/Mix of Uses
This standards may be subjective. There
should be criteria to define this.
147 V 54.3-3(1) Riverfront Mixed-Use
District/Permitted
Uses/Principal Uses
This is unnecessary since this category isn't
listed below.
148 V 54.3-3(1)
(A)
Riverfront Mixed-Use
District/Permitted
Uses/Principal
Uses/Residential category
Does the regulation want to consider multi-
family dwellings? This would preclude a
mixed-use building with offices and
apartments or condos with street level
commercial (which is what the ordinance is
mandating).
149 V 54.3-3(1)
(C)
Riverfront Mixed-Use
District/Permitted
Uses/Principal
Uses/Commercial
Category
New grocery store models can be slightly
larger than this (50-60K). Is the regulation
aiming for more of the “neighborhood”
market scale?
150 V 54.3-3(1)
(C)
Riverfront Mixed-Use
District/Permitted
Uses/Principal
Uses/Commercial
Category
This may be unrealistic in a mixed-use
district. There will almost certainly be
residential uses within a quarter mile of a
night club, especially if multiple family is
allowed in vertical mixed-use buildings.
Reconsider what this precludes.
151 V 54.3-3(1)
(C)
Riverfront Mixed-Use
District/Permitted
Uses/Principal
Uses/Commercial
Category
Very prescriptive and could limit a series of
personal services establishments depending
on interpretation or latitude.
152 V 54.3-3(1)
(D)
Riverfront Mixed-Use
District/Permitted
Uses/Principal
Uses/Institutional
Subsection (1) states all listed uses are
permitted uses. Why require a SUP for this
use, since a plan has to be submitted as part
of the approval?
153 V 54.3-3(1)
(D)
Riverfront Mixed-Use
District/Permitted
Uses/Principal
Uses/Institutional
See #236 above
154 V 54.3-3(1)
(E)
Riverfront Mixed-Use
District/Permitted
Uses/Principal
Uses/Entertainment
May want to reconsider this distance. Far
from the use.
155 V 54.3-3(1)
(E)
Riverfront Mixed-Use
District/Permitted
May want to reconsider this distance. Far
from the use.
New Hanover County UDO 57 Project Blueprint
Item Art. Sec. Provision Comment
Uses/Principal
Uses/Entertainment
156 V 54.3-3(2) Riverfront Mixed-Use
District/Supporting Uses
This use as well as f,g, and h should have
similar requirements for parking as a & b.
157 V 54.3-4 Riverfront Mixed-Use
District/General
Regulations
This language is complex and difficult to
interpret. It could simply state: "In
conjunction with the required mix of
principal uses in paragraph (1), the following
supporting uses may be permitted."
158 V 54.3-4(1) Riverfront Mixed-Use
District/General
Regulations/Riverfront
access
Possibly consider a linear pathway along the
river’s edge rather than individual access
points that may be limited to an overlook
every 200 feet.
159 V 54.3-4(3) Riverfront Mixed-Use
District/General
Regulations/Building Base
Seems to be more appropriate as a site plan
requirement. Doesn't have anything to do
with environmental sensitivity stated in the
opening paragraph of this section.
160 V 54.3-4(4) Riverfront Mixed-Use
District/General
Regulations/Max Building
Height
Maximums outlined in the opening
paragraph should be reconciled or clarified
as they relate to the increases outlined in
4(A). Item 4(B) should be clarified with
relation to item #4 and #4(A). Overall
confusing to the user.
161 V 54.3-4(5) Riverfront Mixed-Use
District/General
Regulations/Building
Envelope
More complicated than needed and may not
produce the required results.
162 V 54.3-4(6) Riverfront Mixed-Use
District/General
Regulations/Building
setbacks and separations
Revise. It seems in this area a build-to line
would be more desirable than a minimum
setback. Also, the separation from single
family seems excessive and somewhat
arbitrary.
163 V 54.3-
4(8)(B)(2)
Riverfront Mixed-Use
District/General
Regulations/Minimum
Landscaping
Evenly spaced? Clustered in defined public
spaces? Is this a desirable requirement
along the river's edge? How feasible is it if
there is a board walk along the water and
buildings and plazas designed to take
advantage of views?
164 V 54.3-
4(8)(B)(3)
Riverfront Mixed-Use
District/General
Regulations/Minimum
Landscaping
Revise to establish a requirement or
standard.
165 V 54.3-
4(9)(A)(1)
Riverfront Mixed-Use
District/General
Regulations/Signs
These are regulations that should be
consistent with and located in the sign
ordinance section.
New Hanover County UDO 58 Project Blueprint
Item Art. Sec. Provision Comment
166 V 54.3-
4(9)(A)(1)
Riverfront Mixed-Use
District/General
Regulations/Signs
This is a content based regulation.
167 V 54.3-
4(9)(A)(2)
(a)
Riverfront Mixed-Use
District/General
Regulations/Signs
Multi-family is not listed as a use. Only
single family detached in this district.
168 V 54.3-
4(9)(A)(2)
(a)
Riverfront Mixed-Use
District/General
Regulations/Signs
If the intent is to create a walkable mixed-
use development, projecting signs are
desirable for businesses. Canopy and
awning signs are not readable when walking
along the sidewalk on the same side of the
street.
169 V 54.3-
4(9)(A)(2)
(a)
Riverfront Mixed-Use
District/General
Regulations/Signs
Why is this allowed, but not projecting signs
from the wall? It may be considered unfair
to businesses that don't have an awning or
canopy and, therefore, can't have a sign
visible to pedestrians.
170 V 54.3-
4(9)(A)(2)
(a)
Riverfront Mixed-Use
District/General
Regulations/Signs
Update should include dimensional
standards for the sake of consistency,
measurement, and administration.
171 V 54.3-
4(9)(A)(4)
(a)
Riverfront Mixed-Use
District/General
Regulations/Signs
Similar comment to #252 above.
Additionally, why would residential
properties require window signs?
172 V 54.3-
4(9)(A)(4)
(b)
Riverfront Mixed-Use
District/General
Regulations/Signs
This should be explicit to the single family
attached use that is allowed – if that is the
intention.
173 V 54.3-
4(9)(A)(4)
(b)
Riverfront Mixed-Use
District/General
Regulations/Signs
May need to clarify. Sign cannot be located
above 6 feet? Cannot be more than 6 feet in
height?
174 V 54.3-
4(9)(A)(4)
(d)
Riverfront Mixed-Use
District/General
Regulations/Signs
May need to reconcile in light of Reed vs.
Gilbert ruling.
175 V 54.3-
4(9)(A)(6)
Riverfront Mixed-Use
District/General
Regulations/Signs
Content based regulation.
176 V 54.3-
4(9)(A)(7)
Riverfront Mixed-Use
District/General
Regulations/Signs
Additional detail should be provided. This
would apparently include residential uses
which don't need such signs, especially not
35 sq.ft. Also, as noted previously, if the
intent is to create a walkable mixed-use
environment, freestanding signs are not
appropriate.
177 V 54.3-
4(9)(A)(7)
(b)
Riverfront Mixed-Use
District/General
Regulations/Signs
Reconsider - Too tall for a ground sign and
too short for a pole sign.
New Hanover County UDO 59 Project Blueprint
Item Art. Sec. Provision Comment
178 V 54.3-
4(9)(A)(8)
(b)(iii)
Riverfront Mixed-Use
District/General
Regulations/Signs
Or, for multi-tenant buildings, to the wall
area occupied by the business to which it
relates.
179 V 54.3-
4(9)(A)(9)
Riverfront Mixed-Use
District/General
Regulations/Signs
Section 2.a. needs to be revised, so it is clear
that a projecting sign may be used in lieu of
an awning or canopy sign.
180 V 54.3-
4(9)(A)(9)
c
Riverfront Mixed-Use
District/General
Regulations/Signs
8’ is more common.
181 V 54.3-
4(9)(A)(9)
e
Riverfront Mixed-Use
District/General
Regulations/Signs
This is a large dimension for a projecting
sign. Suggestion is 4-6 sq. ft.
182 V 54.3-
4(9)(A)(1
0)a
Riverfront Mixed-Use
District/General
Regulations/Signs
This should be clarified to state if each
business is allowed 1 board or if it is 1 per
building. A street frontage standard could
be confusing if not clearly defined.
183 V 54.3-
4(9)(A)(1
0)e
Riverfront Mixed-Use
District/General
Regulations/Signs
Content based regulation that is a candidate
for removal.
184 V 54.3-
4(9)(A)(1
1)
Riverfront Mixed-Use
District/General
Regulations/Signs
Coordinate this with item #7 of this section.
Seems to be in conflict.
185 V 54.3-
4(9)(A)(1
2)a
Riverfront Mixed-Use
District/General
Regulations/Signs
Very large standard, especially if limited to
4’ in height (4’ x 18.75’ = 75 sq. ft.)
186 V 54.3-
4(9)(A)(1
2)d
Riverfront Mixed-Use
District/General
Regulations/Signs
See #271 above and double it. Is this the
intention for the district?
187 V 54.3-
4(9)(A)(1
2)e
Riverfront Mixed-Use
District/General
Regulations/Signs
Both standards in this section are content
based and should be candidates for
removal.
188 V 54.3-
4(9)(A)(1
2)f
Riverfront Mixed-Use
District/General
Regulations/Signs
This should be in a subsection re:
illumination which would contain all lighting
related regulations as they pertain to
signage.
189 V 54.3-
4(9)(A)(1
2)f(iii)
Riverfront Mixed-Use
District/General
Regulations/Signs
Where will it face? The sign is not of much
use if no one can see it.
190 V 54.3-
4(9)(A)(1
2)f(iv)
Riverfront Mixed-Use
District/General
Regulations/Signs
If it can only display colors, this sign type
needs to be defined.
191 V 54.3-
4(9)(A)(1
2)f(vii)
Riverfront Mixed-Use
District/General
Regulations/Signs
Very open-ended. If it has to be approved
by the property owner's association,
consistency with the guidelines should be
assumed.
New Hanover County UDO 60 Project Blueprint
Item Art. Sec. Provision Comment
192 V 54.3-
4(10)
Riverfront Mixed-Use
District/General
Regulations/Parking
Requirements
This would seem to limit the size of the
building due to lot coverage and setback
requirements stated previous.
193 V 54.3-
4(10)(e)
Riverfront Mixed-Use
District/General
Regulations/Parking
Requirements
Should define how these structures are to
be obscured or establish a standard.
194 V 54.3-
4(11)
Riverfront Mixed-Use
District/General
Regulations/General Site
Design
This should be with the list of site plan
requirements
195 V 54.3-
4(11)(B)
Riverfront Mixed-Use
District/General
Regulations/General Site
Design
Where is this required? Previous
requirement was only for public access
points every 200 ft.
196 V 54.3-
4(11)(C)(
3)
Riverfront Mixed-Use
District/General
Regulations/General Site
Design
Very wide for all sides of the building.
Would be appropriate along the front to
accommodate pedestrian movement,
sandwich boards, outdoor cafes, etc. but
seems onerous as a minimum in all locations
197 V 54.3-
4(11)(C)(
3)
Riverfront Mixed-Use
District/General
Regulations/General Site
Design
Vague and subjective. Suggest a more
definite standard
198 V 54.3-
4(11)(D)(
a)
Riverfront Mixed-Use
District/General
Regulations/General Site
Design
Good goals and parameters but very
subjective as review criteria. Need more
specificity
199 V 54.3-
4(11)(D)(
b)
Riverfront Mixed-Use
District/General
Regulations/General Site
Design
Define (facing a public street, private street,
or river???)
200 V 54.3-
4(11)(D)(
b)
Riverfront Mixed-Use
District/General
Regulations/General Site
Design
This would be 100 feet for 150 ft. tall
building and 23 ft. for a 35 ft. tall building. Is
that the intent? Consider a more unifying
standard to create a rhythm along the
street.
201 V 54.3-
4(11)(D)(
b)
Riverfront Mixed-Use
District/General
Regulations/General Site
Design
Is this the 50 foot high base, as defined?
Some more readily apparent visual element
should be required at a lower level (at top of
first or second floor)
202 V 54.3-
4(11)(D)(
c)
Riverfront Mixed-Use
District/General
Regulations/General Site
Design
Inconsistent with paragraph (b) above.
New Hanover County UDO 61 Project Blueprint
Item Art. Sec. Provision Comment
203 V 54.3-
4(11)(D)(
d)
Riverfront Mixed-Use
District/General
Regulations/General Site
Design
Too specific - define as horizontal separation
between first and second levels.
204 V 54.3-
4(11)E
Riverfront Mixed-Use
District/General
Regulations/General Site
Design
Regardless of number of bedrooms.
205 V 54.3-5(1) Riverfront Mixed-Use
District/General
Regulations/Public Space
This was referenced previously. Where is a
riverwalk required as part of the
development? There doesn't appear to be a
riverwalk along the unincorporated part of
the river.
206 V 54.3-
5(1)1
Riverfront Mixed-Use
District/General
Regulations/Public Space
Provide clarity or definition for “functional
public space”.
207 V 54.3-
5(1)2
Riverfront Mixed-Use
District/General
Regulations/Public Space
Simplify and state right-of-way or easement
encompassing non-motorized paths and
walks, but not including street widths.
208 V 54.3-
5(1)3
Riverfront Mixed-Use
District/General
Regulations/Public Space
Is "natural" inconsistent with the "functional
open space" requirement above?
209 V 54.3-
5(1)4
Riverfront Mixed-Use
District/General
Regulations/Public Space
Specify Best Management Practices or Low
Impact Development practices if they are
the intention.
210 V 54.3-
5(2)(A)(a)
Riverfront Mixed-Use
District/General
Regulations/Public Space
Previously stated. Delete earlier reference.
211 V 54.3-
5(2)(A)(a)
Riverfront Mixed-Use
District/General
Regulations/Public Space
Not feasible or desirable to have intense
retail activity every 200 feet
212 V 54.3-5(3) Riverfront Mixed-Use
District/General
Regulations/Public Space
Delete, already stated in (B) above.
213 V 54.3-6 Riverfront Mixed-Use
District/General
Regulations/Procedural
requirements for the
establishment of a RFMU
District
These procedures and the terminology are
different than for the EDZD. They should be
consistent and stated only once, then
referenced, as applicable.
214 V 54.3-6 Riverfront Mixed-Use
District/General
Regulations/Procedural
requirements for the
establishment of a RFMU
District
All paragraphs should be numbered
consistently with the outline hierarchy.
New Hanover County UDO 62 Project Blueprint
Item Art. Sec. Provision Comment
215 V 54.3-6 Riverfront Mixed-Use
District/General
Regulations/Procedural
requirements for the
establishment of a RFMU
District
Provide better definition and clarification of
expectations.
216 V 54.3-6 Riverfront Mixed-Use
District/General
Regulations/Procedural
requirements for the
establishment of a RFMU
District
Referred to as the Planning Department
elsewhere – apply consistency.
217 V 54.3-
6(2)(B)(3)
Riverfront Mixed-Use
District/General
Regulations/Procedural
requirements for the
establishment of a RFMU
District
This is referring to the preliminary plan.
What changes would be made at this stage
in the process? The changes would seem to
come at the final plan stage, as the details
are worked out.
218 V 54.3-6(3) Riverfront Mixed-Use
District/General
Regulations/Procedural
requirements for the
establishment of a RFMU
District
The body responsible for approving the final
plan should be stated. It is implied that the
Planning Dept. is responsible but that isn't
really clear. In addition, procedures for
reviewing and approving minor and major
changes from the approved preliminary plan
should be stated here.
219 V 54.3-6(4) Riverfront Mixed-Use
District/General
Regulations/Procedural
requirements for the
establishment of a RFMU
District
Should specify one extension not to exceed
12 months. Also provide some guidance to
determine if extension is warranted.
220 V 54.3-7 Riverfront Mixed-Use
District/General
Regulations/Additional
Definitions
These should be placed in the Definitions
section.
221 V 55.1 Overlay
Districts/Conservation
Overlay Districts
Concept of this district is entirely
appropriate. But it needs to be reorganized
and the language greatly simplified. It's very
difficult to follow and understand the
requirements and how they're applied.
222 V 55.1-1 Overlay
Districts/Conservation
Overlay Districts/Purpose
"May" is not appropriate. If this is an
overlay district, the land will be in an
underlying district.
223 V 55.1-2 Overlay
Districts/Conservation
Revise and simplify.
New Hanover County UDO 63 Project Blueprint
Item Art. Sec. Provision Comment
Overlay
Districts/Applicability
224 V 55.1-2 Overlay
Districts/Conservation
Overlay
Districts/Applicability
If there are no resources, it shouldn't be in
the COD. What situations is this attempting
to address?
225 V 55.1-2(1) Overlay
Districts/Conservation
Overlay
Districts/Applicability
Delete. This is redundant since the last
sentence of the above paragraph already
states this.
226 V 55.1-2(2) Overlay
Districts/Conservation
Overlay
Districts/Applicability
Similar comment as above.
227 V 55.1-2(3) Overlay
Districts/Conservation
Overlay
Districts/Applicability
Similar comment as 314 above.
228 V 55.1-
2(3)(A)
Overlay
Districts/Conservation
Overlay
Districts/Applicability
Restate in the affirmative to make it easier
to understand.
229 V 55.1-
2(3)(B)
Overlay
Districts/Conservation
Overlay
Districts/Applicability
Restate in the affirmative to make it easier
to understand.
230 V 55.1-3 Overlay
Districts/Conservation
Overlay
Districts/Conservation
Resources
Again, this is unclear. Is it the minimum size
at which the resource becomes subject to
these regulations? Or is it the size which
must be located within the subject parcel
and, therefore, requires compliance of that
parcel?
231 V 55.1-4(1) Overlay
Districts/Conservation
Overlay Districts/General
Performance Controls for
Conservation Space
Overly complicated, simplify.
232 V 55.1-
4(1)(C)
Step 1
Overlay
Districts/Conservation
Overlay Districts/General
Performance Controls for
Conservation Space
Is 3 higher than 13? So if the site contains a
cemetery and a swamp forest, only one of
those resources is listed and calculated?
233 V 55.1-
4(1)(C)
Table
Overlay
Districts/Conservation
Overlay Districts/General
What does this mean? Why are they not
listed in order of importance (priority for
preservation 1 thru 13)? What if a parcel
New Hanover County UDO 64 Project Blueprint
Item Art. Sec. Provision Comment
Performance Controls for
Conservation Space
contains swamp forest and pocosin (both
ranked equally)?
234 V 55.1-4(2) Overlay
Districts/Conservation
Overlay Districts/General
Performance Controls for
Conservation Space
The prior provision above the table states
that only the higher ranked resource should
be listed. This is very confusing.
235 V 55.1-4(2) Overlay
Districts/Conservation
Overlay Districts/General
Performance Controls for
Conservation Space
Very complicated. After several readings,
the math is understood but should be
simplified for the user.
236 V 55.1-
4(4)(A)(3)
Overlay
Districts/Conservation
Overlay Districts/General
Performance Controls for
Conservation Space
Under these options, a conservation
easement, restrictive covenant or other
legal restriction should be required to
ensure preservation.
237 V 55.1-
4(4)(A)(4)
Overlay
Districts/Conservation
Overlay Districts/General
Performance Controls for
Conservation Space
Under these options, a conservation
easement, restrictive covenant or other
legal restriction should be required to
ensure preservation.
238 V 55.1-4(5) Overlay
Districts/Conservation
Overlay Districts/General
Performance Controls for
Conservation Space
This should be in the article addressing
stormwater regulations.
239 V 55.1-5 Overlay
Districts/Conservation
Overlay
Districts/Additional
Performance Controls
This is very complex and requires multiple
cross-referencing. It should be greatly
simplified.
240 V 55.1-5
Group 1
Overlay
Districts/Conservation
Overlay
Districts/Additional
Performance Controls
Consider using a table here for these groups
to simplify reading and comparison.
241 V 55.1-6(1) Overlay
Districts/Conservation
Overlay
Districts/Vegetated Buffer
Controls for Conservation
No longer valid
242 V 55.1-6(1) Overlay
Districts/Conservation
Overlay
Restate as a public purpose for the
regulations rather than a narrative about
benefits.
New Hanover County UDO 65 Project Blueprint
Item Art. Sec. Provision Comment
Districts/Vegetated Buffer
Controls for Conservation
243 V 55.1-6(2) Overlay
Districts/Conservation
Overlay
Districts/Vegetated Buffer
Controls for Conservation
Isn't this section part of the COD? These
vegetated buffer provisions should be
moved to Conservation Performance
Controls section.
244 V 55.1-6(2) Overlay
Districts/Conservation
Overlay
Districts/Vegetated Buffer
Controls for Conservation
What does this mean? State more clearly.
Located within the parcel?
245 V 55.1-
6(3)(D)
Overlay
Districts/Conservation
Overlay
Districts/Vegetated Buffer
Controls for Conservation
Some criteria or guidelines should be
included here since the wording (may be
permitted) suggests it's subject to some
approval.
246 V 55.1-
6(3)(E)1
Overlay
Districts/Conservation
Overlay
Districts/Vegetated Buffer
Controls for Conservation
This is unusual wording. It allows a path
that may be very narrow in some areas and
far wider than 6 feet in others. This should
be changed to a maximum width, rather
than an average width.
247 V 55.1-
6(3)(E)2
Overlay
Districts/Conservation
Overlay
Districts/Vegetated Buffer
Controls for Conservation
This is a suggestion and not a requirement.
248 V 55.1-
6(3)(E)3
Overlay
Districts/Conservation
Overlay
Districts/Vegetated Buffer
Controls for Conservation
This doesn't provide any oversight regarding
the extent to which the removal really was
needed. A permit would be beneficial.
249 V 55.1-
6(3)(E)4
Overlay
Districts/Conservation
Overlay
Districts/Vegetated Buffer
Controls for Conservation
The first part of this paragraph and the
preceding paragraph suggest that the
removal is at the discretion of the owner.
When would this vegetation requirement be
applied if there is no approval or permit
process?
250 V 55.1-
6(3)(E)5
Overlay
Districts/Conservation
Overlay
Districts/Vegetated Buffer
Controls for Conservation
Who allows this?
New Hanover County UDO 66 Project Blueprint
Item Art. Sec. Provision Comment
251 V 55.1-
6(3)(F)
Overlay
Districts/Conservation
Overlay
Districts/Vegetated Buffer
Controls for Conservation
This acts as a suggestion and not a
requirement.
252 V 55.1-6(4) Overlay
Districts/Conservation
Overlay
Districts/Vegetated Buffer
Controls for Conservation
Move to definitions section.
253 V 55.2 Overlay
Districts/Conditional Use
District
This is in Section 55, Overlay Districts, but
this is not an overlay district. It would be
more appropriately included within a special
districts section.
254 V 55.2-1 Overlay
Districts/Conditional Use
District/Purpose
It seems to have been used quite often
according to the zoning map. Still not clear
how this is different from the conditional
zoning district and why both are needed.
255 V 55.2-2(1) Overlay
Districts/Conditional Use
District/Uses and
Development
Requirements
Is the potential use of the site limited to the
specific use(s) authorized by the rezoning,
regardless of other uses that may be
allowed in the "General Use District"?
256 V 55.2-3(2) Overlay
Districts/Conditional Use
District/Petition/Applicati
on
It's not necessary to put all the detail in the
ordinance. It's sufficient to simply say a
competed application form with all required
information. The form should list the
details.
257 V 55.2-
4(1)(D)
Overlay
Districts/Conditional Use
District/Approval Process
This is an unnecessary step since the
rezoning is for a specific use and is subject to
added conditions. Delete the special use
requirement.
258 V 55.2-
4(1)(E)
Overlay
Districts/Conditional Use
District/Approval Process
See comment above.
259 V 55.2-
4(6)(C)
Overlay
Districts/Conditional Use
District/Approval Process
Has this ever happened? Under what
circumstances would the conditional use
rezoning be approved and then the use
denied?
260 V 55.2-5(1) Overlay
Districts/Conditional Use
District/Alterations to
Approved Conditional Use
Districts
Define. Sec. 71-1(9) is pretty broad and
leaves a lot of room for interpretation
New Hanover County UDO 67 Project Blueprint
Item Art. Sec. Provision Comment
261 V 55.2-6(1) Overlay
Districts/Conditional Use
District/Enforcement
To rezone the property back to its original
classification, the rezoning procedures
would have to be followed, including
property owner notification, duly advertised
public hearing at the planning board, then a
recommendation to the commissioners.
262 V 55.3 Overlay
Districts/Conditional
Zoning District
This is in Section 55, Overlay Districts, but
this is not an overlay district. It would be
more appropriately included within a special
districts section.
263 V 55.3-1 Overlay
Districts/Conditional
Zoning District/Purpose
Essentially the same language as the
Conditional Use District. Why are there
two?
264 V 55.3-2(1) Overlay
Districts/Conditional
Zoning District/Uses and
Development
Requirements
By their nature, special uses are not
necessarily appropriate in all locations
where the zoning would otherwise permit
them. So, why is this limitation needed? If
the special use doesn't meet the general and
specific standards, it shouldn't be approved.
265 V 55.3-3(2) Overlay
Districts/Conditional
Zoning
District/Petition/Applicati
on
Again, this is unnecessary in the ordinance.
Require an application form and a fee. List
the requirements on the application form.
266 V 55.3-5 Overlay
Districts/Conditional
Zoning District/Alterations
to Approved Conditional
Zoning Districts
Same comments as for Approved
Conditional Use Districts
267 V 55.3-6 Overlay
Districts/Conditional
Zoning
District/Enforcement
Required rezoning process must be followed
268 V 55.4-2 Overlay Districts/Special
Highway Overlay
District/Procedures
This is not needed. Delete
269 V 55.4-3 Overlay Districts/Special
Highway Overlay
District/Procedures
A distance should be specified regarding the
depth of the overlay district from the
centerline or ROW line.
270 V 55.4-3(1) Overlay Districts/Special
Highway Overlay
District/Procedures
The ROW line is the front property line; so
this should state 25 feet from all other
property lines.
271 V 55.4-3(1) Overlay Districts/Special
Highway Overlay
District/Procedures
Traditionally, evergreens are not measured
by caliper
New Hanover County UDO 68 Project Blueprint
Item Art. Sec. Provision Comment
272 V 55.4-3(1) Overlay Districts/Special
Highway Overlay
District/Procedures
This may be too close to the street,
especially for evergreens. Sight distance
may be obscured.
273 V 55.4-3(3) Overlay Districts/Special
Highway Overlay
District/Procedures
"Storage" is specifically prohibited in
paragraph (2). That paragraph should be
revised to state that outdoor storage is not
permitted, except as provided in (3).
274 V 55.4-
3(4)(B)
Overlay Districts/Special
Highway Overlay
District/Procedures
Revise to clarify. As stated, this implies the
front yard. However, the next sentence is
establishing a setback requirement for
parking in the front yard.
275 V 55.4-3(6) Overlay Districts/Special
Highway Overlay
District/Procedures
Clarify. This can be read that one sign is
allowed within the first 100 feet (with no
minimum setback from the ROW) and
additional, unlimited signs may be placed
beyond the 100 foot setback.
276 V 55.4-3(7) Overlay Districts/Special
Highway Overlay
District/Procedures
The setback distance wouldn't change
because 2 SHODs overlap. The
requirements are the same.
277 V 55.5-1 Overlay Districts/Water
Supply Watershed Overlay
District/Purpose
Ground water protection should be noted,
as well.
278 V 55.5-1 Overlay Districts/Water
Supply Watershed Overlay
District/Purpose
If it's an overlay, it will definitely be on top
of another zoning district.
279 V 55.5-2 Overlay Districts/Water
Supply Watershed Overlay
District/Procedures
Same comment as for SHOD #360 above.
280 V 55.5-4 Overlay Districts/Water
Supply Watershed Overlay
District/Water Supply
Watershed Resources
The boundaries of the district should be
shown on the zoning map, as well.
281 V 55.5-5(1) Overlay Districts/Water
Supply Watershed Overlay
District/General
Development Restrictions
Clarify. (3) above exempts agriculture from
the district requirements.
282 V 55.5-5(1) Overlay Districts/Water
Supply Watershed Overlay
District/General
Development Restrictions
This is confusing. What is the water supply?
Setbacks should be from a property line or a
zoning district boundary line. Revise.
283 V 55.5-5(2) Overlay Districts/Water
Supply Watershed Overlay
District/General
Development Restrictions
Since this is an overlay district and intended
to protect water quality, it would be
appropriate to specifically exclude certain
industrial and commercial uses from located
within this area.
New Hanover County UDO 69 Project Blueprint
Item Art. Sec. Provision Comment
284 V 55.5-6 Overlay Districts/Water
Supply Watershed Overlay
District/Stormwater
Management
This is a different point of measurement
than stated in (1) above. Be consistent.
ARTICLE VI
285 VI 60 Development Plans This should be a separate article, explaining
the purpose of development plan review,
applicability, procedures, review standards,
appeals, expiration, major and minor plan
amendments, etc.
286 VI 60.1 Site Plans There should be a consistent set of site plan
requirements in a table format for concept,
preliminary and final site plans. Some items
on in the list require too much detail for
rezoning considerations. A concept or
preliminary plan should be sufficient to
determine whether the project should be
approved. The final plan then could be
reviewed by the TRC.
287 VI 60.2 Open Space Regulations More explanation is needed as to when and
where these regulations apply. As shown, it
is unclear what these open space
requirements relate to (most of the
provisions in this section are found in other
parts of the ordinance; everything should be
consolidated in one place; and these aren't
development plan provisions).
288 VI 60.3 Setbacks Setbacks shouldn’t be included in the
development plan section. Consider
numbering each paragraph for easier
reference.
289 VI 60.3 Setbacks This could be problematic. Would this allow
neighboring buildings to be within a few feet
of one another? What about access, fire
protection, light and air?
290 VI 60.3 Setbacks Based on the above paragraph, does this
mean two buildings might be 4 feet apart
and their roofs nearly touching?
291 VI 60.3 Setbacks This seems overly complicated.
292 VI 60.3 Setbacks Is this setback in addition to a landscaped
buffer or can the buffer be located within
the setback area? It seems that this formula
is not needed if buffer requirements are
established based on the districts that adjoin
one another.
New Hanover County UDO 70 Project Blueprint
Item Art. Sec. Provision Comment
293 VI 60.4 Fire Hydrants This section should be covered by the Fire
Code and insurance company. This shouldn’t
be included in the development plan
section.
294 VI 60.5 Homeowners Associations Covenants, deed restrictions, and HOA
organization should be part of documents
submitted as part of a final approval. If
included at all, this should be in the
Supplementary Regulations, not
development plan.
295 VI 61.1 Visibility at Intersections
in Residential Districts
This is a pretty large clear vision triangle (25
to 30 feet is more commonly used).
Consider including a graphic to accompany
this section to help clarify the requirement.
296 VI 61.2-1 Structures to Have Access Is there a specific reason for including this?
Why not have all lots abut and have access
to a public or private street?
297 VI 61.3 Thoroughfare
Requirements
For requirements that are specific to a few
districts or development types, the
regulations should be with the provisions
related to those districts or developments.
Supplementary regulations should be
generally applicable to all (or most) districts.
298 VI 61.3 (A) 2 Thoroughfare
Requirements
This essentially allows the connecting street
to serve any other development other than
existing single family subdivisions and non-
residential outside of a PUD? It may be
simpler to state the exemptions than the
rule.
299 VI 61.4 (2) Traffic Impact Analysis Consider removing the last sentence – not
needed.
300 VI 61.4 (3) Traffic Impact Analysis Should be a licensed transportation
engineer.
301 VI 61.4 (8) Traffic Impact Analysis #4-8: This is very detailed – considered
simplifying.
302 VI 62.1-2 Landscaping/Applicability Consider including: screening, front yard
streetscapes, foundation plantings, etc.
303 VI 62.1-2 (3) Landscaping/Applicability This encompasses a lot. It may be simpler to
list the exemptions to the rule.
304 VI 62.1-3 (1)
(A)
Landscaping/General
Standards for Landscaping
Revise this sentence to be more clear.
305 VI 62.1-3 (1)
(A)
Landscaping/General
Standards for Landscaping
Buffer depth and intensity should vary
depending on the uses and/or districts
abutting one another.
306 VI 62.1-3 (1)
(B)
Landscaping/General
Standards for Landscaping
Evergreens are measured by height, not
caliper or DBH.
New Hanover County UDO 71 Project Blueprint
Item Art. Sec. Provision Comment
307 VI 62.1-3 (1)
(B)
Landscaping/General
Standards for Landscaping
There isn’t much difference between "must"
and "shall" for smaller trees. More
clarification is needed to distinguish the
required treatment of the two categories.
308 VI 62.1-3 (1)
(B) 2
Landscaping/General
Standards for Landscaping
This provision doesn't distinguish between
the two sizes of trees noted in (B) above.
309 VI 62.1-3 (1)
(B) 3
Landscaping/General
Standards for Landscaping
Consider including a graphic to illustrate.
310 VI 62.1-3 (1)
(B) 4
Landscaping/General
Standards for Landscaping
A minimum tree size should be included to
prevent getting 16, 2 inch trees.
311 VI 62.1-3 (1)
(B) 4
Landscaping/General
Standards for Landscaping
Check document to ensure consistency with
the title (i.e., there are mention of Planning
and Inspections Director).
312 VI 62.1-3 (1)
(B) 4
Landscaping/General
Standards for Landscaping
This is a very minimal standard. Consider
increasing the requirement.
313 VI 62.1-3 (2) Landscaping/General
Standards for Landscaping
It would be helpful to put these standards at
the beginning of the section, so the reader
knows what they are without searching.
314 VI 62.1-3 (3) Landscaping/General
Standards for Landscaping
Paths and tables are not normally
considered "intensive" uses.
315 VI 62.1-3 (4) Landscaping/General
Standards for Landscaping
This should be in the prior section describing
the clear vision triangle – it can simply be
referenced here.
316 VI 62.1-3 (4) Landscaping/General
Standards for Landscaping
This may be at odds with the provisions
previously specified (50 ft. clear vision
triangle). Perhaps this should be deleted and
replaced with a simple reference to the
Vision Section. Also, consider being more
specific than “governing body.”
317 VI 62.1-3 (5) Landscaping/General
Standards for Landscaping
… provided screening or opacity
requirements are achieved.
318 VI 62.1-3 (6) Landscaping/General
Standards for Landscaping
Consider moving this to the beginning of the
section.
319 VI 62.1-4 Landscaping/Additional
Requirements for Berms
and for Yards in which
Buffers are Required
Revise and clarify that this wouldn't apply
when a residential zone abuts a residential
zone, except for multiple family residential.
320 VI 62.1-4 Landscaping/Additional
Requirements for Berms
and for Yards in which
Buffers are Required
Perhaps this should read: “… buffer strips
and in situations…” Or is other information
missing?
321 VI 62.1-4 Landscaping/Additional
Requirements for Berms
and for Yards in which
Buffers are Required
Why would churches and schools be
exempted? These uses can be far more
intense and obtrusive than many
commercial and office uses.
New Hanover County UDO 72 Project Blueprint
Item Art. Sec. Provision Comment
322 VI 62.1-4 (1) Landscaping/Additional
Requirements for Berms
and for Yards in which
Buffers are Required
This should be reconsidered. It may not be
necessary or appropriate to provide such
protection to a nonconforming residence
located in a commercial or industrial district.
This may unfairly penalize the owner
responsible for installing the buffer.
323 VI 62.1-4 (2) Landscaping/Additional
Requirements for Berms
and for Yards in which
Buffers are Required
Buffer requirements (width and intensity)
should be based on the districts that adjoin
one another. Townhomes next to single
family shouldn't be required to provide the
same buffer as industrial next to single
family. A table should be included showing
the zoning relationships and level of buffer
required.
324 VI 62.1-4 (3) Landscaping/Additional
Requirements for Berms
and for Yards in which
Buffers are Required
This suggests it is discretionary – it may
need to be clarified if this is not the intent.
What are the standards? Or is this an option
at the developer's discretion. Also, does this
mean the buffer may not be located within
the required setback (i.e., in addition to the
setback)?
325 VI 62.1-4 (4) Landscaping/Additional
Requirements for Berms
and for Yards in which
Buffers are Required
This suggests a potential conflict with (2)
above which seems to require additional
buffer outside of an easement. The two
provisions should be linked to eliminate
confusion.
326 VI 62.1-4 (5) Landscaping/Additional
Requirements for Berms
and for Yards in which
Buffers are Required
Items 1 and 4, below, are often required to
be screened regardless of the adjacencies.
Some screening is also common for outside
storage areas.
327 VI 62.1-4 (6) Landscaping/Additional
Requirements for Berms
and for Yards in which
Buffers are Required
Depending on the adjacencies, this may be
excessive in some cases. Again, different
levels of buffers should be defined, varying
in width, density of plantings and opacity.
328 VI 62.1-4 (6)
(B) 1
Landscaping/Additional
Requirements for Berms
and for Yards in which
Buffers are Required
This seems a little excessing and is possible
infeasible within a 20-foot wide strip.
329 VI 62.1-4 (6)
(B) 2 a
Landscaping/Additional
Requirements for Berms
and for Yards in which
Buffers are Required
Consider changing this to simply say:
“fencing.”
330 VI 62.1-4 (6)
(B) 2 b
Landscaping/Additional
Requirements for Berms
and for Yards in which
Buffers are Required
This seems a little excessive.
New Hanover County UDO 73 Project Blueprint
Item Art. Sec. Provision Comment
331 VI 62.1-4 (6)
(B) 2 c
Landscaping/Additional
Requirements for Berms
and for Yards in which
Buffers are Required
Clarify what “permeable artificial fencing” is.
332 VI 62.1-4 (7) Landscaping/Additional
Requirements for Berms
and for Yards in which
Buffers are Required
This conflicts with (5) above which only
requires screening from residential
property.
333 VI 62.1-4 (7) Landscaping/Additional
Requirements for Berms
and for Yards in which
Buffers are Required
Minimum 8 ft. seems excessive. Dumpster
screening and vehicle storage areas, in
particular, only need to be 6 ft. at most.
Additionally, with no height limit, this could
result in some very tall and unsightly fences
and walls.
334 VI 62.1-4 (7)
2
Landscaping/Additional
Requirements for Berms
and for Yards in which
Buffers are Required
A lower threshold would be appropriate.
335 VI 62.1-4 (7)
3
Landscaping/Additional
Requirements for Berms
and for Yards in which
Buffers are Required
This is impractical considering construction
cranes, well drilling apparatus, or similar
pieces of heavy equipment can't possibly be
fully screened.
336 VI 62.1-5 (1) Landscaping/Additional
Landscaping
Requirements for Parking
Lots
This was previously stated elsewhere in the
ordinance and should be deleted. A
reference to this section is sufficient.
337 VI 62.1-5 (2)
(A)
Landscaping/Additional
Landscaping
Requirements for Parking
Lots
This is not very wide along a street to
support healthy trees and have visual
impact.
338 VI 62.1-5 (2)
(A)
Landscaping/Additional
Landscaping
Requirements for Parking
Lots
Evergreens are typically measured by height
or size of root ball.
339 VI 62.1-5 (2)
(A)
Landscaping/Additional
Landscaping
Requirements for Parking
Lots
Instead of providing a range, set a minimum
(“feet on-center”, or one tree for every so
many linear feet of abutting street or length
of parking lot).
340 VI 62.1-5 (2)
(B)
Landscaping/Additional
Landscaping
Requirements for Parking
Lots
Often the loading area is behind the building
and not visible from the street. It may not
be reasonable to include this area in the
calculations for interior "parking lot"
landscaping.
341 VI 62.1-5 (2)
(B)
Landscaping/Additional
Landscaping
Suggest stating minimum dimensions at
least equal to a parking space (9x18, 10x20,
etc.). This provides a larger area and doesn't
New Hanover County UDO 74 Project Blueprint
Item Art. Sec. Provision Comment
Requirements for Parking
Lots
create an odd dimension when laying out
the parking lot.
342 VI 62.1-5 (2)
(B)
Landscaping/Additional
Landscaping
Requirements for Parking
Lots
Consider revising to coincide with parking
space area.
343 VI 62.1-5 (2)
(B)
Landscaping/Additional
Landscaping
Requirements for Parking
Lots
This isn't divisible by the minimum parking
space width. It may be better to specify that
an island shall, at a minimum, separate
every "X" parking spaces.
344 VI 62.1-5 (2)
(B) 3
Landscaping/Additional
Landscaping
Requirements for Parking
Lots
Consider using a set minimum instead of a
range.
345 VI 62.1-5 (2)
(D)
Landscaping/Additional
Landscaping
Requirements for Parking
Lots
This is already addressed in (2)(A), above.
These two provisions should be reconciled
and located in the same paragraph.
346 VI 62.1-5 (3)
(A)
Landscaping/Additional
Landscaping
Requirements for Parking
Lots
Consider reworking this sentence to be
more clear. Is this a waiver for churches or
recreation facilities in general or for
overflow parking areas that are grassed?
Clarify. In either case, there is no
justification to exempt church and park
parking lots, if all other uses have to meet
the requirements.
347 VI 62.1-5 (3)
(B)
Landscaping/Additional
Landscaping
Requirements for Parking
Lots
Consider adding an explanation or examples
of what this might be.
348 VI 62.1-6 (1) Landscaping/Maintenance What happens at the end of the year? Is the
parking lot no longer permitted or is
landscaping required? Clarify.
349 VI 62.1-6 (1) Landscaping/Maintenance Provide a maximum length of time –
perhaps 3 months?
350 VI 62.1-7 (1) Landscaping/Administrati
on and Enforcement
Should this be under the purview of the
Zoning Administrator to be consistent?
351 VI 62.1-7 (3) Landscaping/Administrati
on and Enforcement
Four different staff members referenced in
this landscaping section - Planning and
Inspections Director, Zoning Administrator,
Building Inspector and Urban Forester.
Consider simplifying with one point of
contact who can delegate or involve others
at his discretion.
New Hanover County UDO 75 Project Blueprint
Item Art. Sec. Provision Comment
352 VI 62.1-8 Landscaping/Landscaping
Plans
This should be done sooner, at time of
development plan review.
353 VI 62.1-8 (4)
(C)
Landscaping/Landscaping
Plans
Evergreens should be based on height.
354 VI 62.1-9 (1) Landscaping/Tree
Removal
Previous sections used the term “protected
tree.” Same term should be used to
minimize confusion.
355 VI 62.1-9 (4)
(G)
Landscaping/Tree
Removal
This is the first use of this term. It should be
identified early in this section as a class of
"protected" tree.
356 VI 62.1-9 (4)
(G) 1
Landscaping/Tree
Removal
This is a very minimal requirement to
compensate for the loss of a 24 inch or
greater tree. Instead of giving a minimum
range, specify a minimum caliper, such as 8-
inch.
357 VI 62.1-9 (4)
(G) 2
Landscaping/Tree
Removal
Does this fund exist? Has it been used?
358 VI 62.1-9 (4)
(G) 2
Landscaping/Tree
Removal
A more appropriate and accepted source
should be used, (e.g., NC Nursery
Association or bids from 3 local nurseries).
359 VI 62.1-9 (5) Landscaping/Tree
Removal
What is the purpose of this – a penalty? If
so, state that no permit application shall be
considered for a set number of year (not a
range), if that's the intent.
360 VI 62.1-10
(1)
Landscaping/Street Yard
Landscaping
This term isn’t defined.
361 VI 62.1-10
(5)
Landscaping/Street Yard
Landscaping
This seems overly complex without much of
a significant difference to warrant these
machinations. Each district could have a
minimum parking setback which equates to
the street yard.
362 VI 62.1-10
(6)
Landscaping/Street Yard
Landscaping
Is this used? The end result could be
staggered building setbacks along a street,
which is not desirable.
363 VI 62.1-10
(8)
Landscaping/Street Yard
Landscaping
Why is this necessary? If a minimum front
setback is established, it should be adhered
to. Two acres is a very sizable lot.
364 VI 62.1-11
(1)
Landscaping/Foundation
Plantings
Consider removing this clause – it doesn’t
add much.
365 VI 62.1-11
(1) (A)
Landscaping/Foundation
Plantings
This adds unnecessary complexity. Consider
requiring planting beds at least 5 feet deep
adjacent to all building walls visible from the
street or parking area.
New Hanover County UDO 76 Project Blueprint
Item Art. Sec. Provision Comment
366 VI 62.1-11
(3)
Landscaping/Foundation
Plantings
Why exempt this? For a big box store or
major employer, this could be well over 100
spaces. If a small business with 10 parking
spaces is required to provide foundation
plantings, why exempt any wall facing a
parking lot?
367 VI 62.1-12 Landscaping/Landscaping
for Expansions to Existing
Principal Structures or
Uses
Be more specific.
368 VI 62.1-12 Landscaping/Landscaping
for Expansions to Existing
Principal Structures or
Uses
Remove: “as required.” It shouldn’t matter.
369 VI 62.1-12 Landscaping/Landscaping
for Expansions to Existing
Principal Structures or
Uses
There should be only one requirement.
370 VI 62.1-12
(1)
Landscaping/Landscaping
for Expansions to Existing
Principal Structures or
Uses
Revise and simplify. Must the original
developed property comply with all
requirements within 2 years of being
subdivided or within 2 years of a building
being built on a newly created lot?
371 VI 62.1-12
(2)
Landscaping/Landscaping
for Expansions to Existing
Principal Structures or
Uses
Clarify if this refers to expansions on the
existing developed parcel or collectively on
all newly created lots.
372 VI 62.2-2 Tree Retention/Tree
Removal in General
Clarify what “protected” and “regulated”
and “significant” trees are.
373 VI 63.1-4.1 Temporary Buildings/Uses This shouldn't be required for model homes
and construction trailers whose duration
may be more than a year. Or is this only
applicable to uses in the table? This section
should be reorganized and headings added.
374 VI 63.1-4.1 Temporary Buildings/Uses Is a permit not required if at a school or
church in a residential district?
375 VI 63.1-4.1 Temporary Buildings/Uses This isn't a use, per se. It's an activity that
could occur within an existing building.
Provide examples - car wash, carnival, etc.
376 VI 63.1-5 Temporary
Buildings/Uses/Standards
for Temporary Farmers
Markets or Produce
Stands in Residential
Districts
But not in commercial districts?
New Hanover County UDO 77 Project Blueprint
Item Art. Sec. Provision Comment
377 VI 63.1-5 (5) Temporary
Buildings/Uses/Standards
for Temporary Farmers
Markets or Produce
Stands in Residential
Districts
As defined or classified by whom?
378 VI 63.1-5 (9) Temporary
Buildings/Uses/Standards
for Temporary Farmers
Markets or Produce
Stands in Residential
Districts
This should note that individual vendors may
have a sign attached to their booth.
379 VI 63.1-5
(10) a
Temporary
Buildings/Uses/Standards
for Temporary Farmers
Markets or Produce
Stands in Residential
Districts
The average booth size is much smaller than
that and each booth may attract more than
one customer at a time.
380 VI 63.1-5
(10) c
Temporary
Buildings/Uses/Standards
for Temporary Farmers
Markets or Produce
Stands in Residential
Districts
This would prohibit using a field for parking.
It seems that a temporary and very
intermittent use such as a farmer's market
should not be required to have a paved
parking lot, unless one is available on
adjoining property.
381 VI 63.2 Accessory Building/Use Consider revising this section. Many
provisions are out-of-date and inconsistent
with County goals for development.
Additional provisions are also needed
regarding size, height, and number allowed.
382 VI 63.2-1 Accessory Building/Use This could be relaxed to allow them in side
and rear yards with a lesser setback than the
principal building.
383 VI 63.2-1 Accessory Building/Use Consider removing this sentence.
384 VI 63.2-1 Accessory Building/Use Consider removing this sentence. An
accessory building should only be on a lot
with a principal building or use. The
"noncontiguous" provision could result in
storage buildings being located far distant
from a home or business.
385 VI 63.2-2 Accessory Building/Use If needed, this section should be in
stormwater regulations, but not in the
accessory use provisions.
386 VI 63.2-2 (4) Accessory Building/Use Why is this necessary, especially considering
#5 requires that it be built as an amenity?
New Hanover County UDO 78 Project Blueprint
Item Art. Sec. Provision Comment
387 VI 63.3-1 Waste Facilities/Sewage
Treatment and Collection
Systems
Consider removing this section. All systems
will have to meet local and state
requirements already. Additionally, why
does it need to be in the same zoning
district? It should be a special use and
subject to review re: compatibility with
surroundings.
388 VI 63.3-1 (B) Waste Facilities/Sewage
Treatment and Collection
Systems
Does this mean: private?
389 VI 63.3-2 Waste Facilities/Junk Yard
and Scrap Processor
This section should be included in the
Special Use article, not supplementary
regulations.
390 VI 63.3-2-1
(1)
Waste Facilities/Junk Yard
and Scrap Processor
This should state a "minimum front yard
setback of 100 feet shall be required for all
buildings, structures and storage areas."
391 VI 63.3-2-1
(3)
Waste Facilities/Junk Yard
and Scrap Processor
This should be a separate section. Rules
regarding the location of the vehicle should
also be stated, along with a maximum time
limit for keeping it outside.
392 VI 63.3-3 Waste
Facilities/Demolition
Landscape Landfills
Consider moving to Special Use article.
These requirements are very detailed and
lengthy compared to many of the other
special uses – edit and reduce wherever
possible.
393 VI 63.3-3 Waste
Facilities/Demolition
Landscape Landfills
Consider limiting the number of applications
to be submitted - identify one department
to receive the application, then they should
have procedures for forwarding it to other
departments.
394 VI 63.3-3 Waste
Facilities/Demolition
Landscape Landfills
Site plan content should be specified here or
on the application form. The applicant
shouldn't have to research state laws to
determine what's required.
395 VI 63.3-3.2
(1)
Waste
Facilities/Demolition
Landscape
Landfills/Applicability
Consider removing “horizontal distance” – it
shouldn’t be necessary.
396 VI 63.3-3.2
(2)
Waste
Facilities/Demolition
Landscape
Landfills/Applicability
Consider removing this part of the
requirement – it is redundant and
potentially contradictory with the arterial or
collector requirement.
397 VI 63.3-3.2
(3)
Waste
Facilities/Demolition
Landscape
Landfills/Applicability
Consider removing. See prior comments
about establishing specific buffer
requirements based on the adjacency of
various districts to one another.
New Hanover County UDO 79 Project Blueprint
Item Art. Sec. Provision Comment
398 VI 63.3-3.2
(3)
Waste
Facilities/Demolition
Landscape
Landfills/Applicability
This seems to be contrary to prior
statements about the importance of
protected trees to the County and the
environment. Why is their removal
restricted for development but not a
disposal site?
399 VI 63.3-3.2
(4)
Waste
Facilities/Demolition
Landscape
Landfills/Applicability
Consider removing. A general statement
within the supplementary regulations
regarding the applicant's responsibility to
comply with all other local, state and federal
requirements should be inserted and all
such specific statements within the various
use provisions should be deleted.
400 VI 63.3-3.3 Waste
Facilities/Demolition
Landscape Landfills/Site
Plans
Consider adding the following requirements:
final grading plan; end use; and, final
landscaping plan.
401 VI 63.3-4.1
(3)
Waste Facilities/Recycling
Facilities
Consider removing. This sentence is
redundant to the first sentence of the
following paragraph.
402 VI 63.3-4.2
(1) (E)
Waste Facilities/Recycling
Facilities
Collection facilities are allowed in residential
districts, so this should be updated to say:
“100 feet from any dwelling.”
403 VI 63.3-4.2
(2)
Waste Facilities/Recycling
Facilities
There is a possibility that such facilities
could attract flocks of birds and would not
be an appropriate use adjacent to the
airport. Also this does not seem to be an
appropriate use in any residential, office or
commercial district. Suggest confining them
to industrial districts, but not allowing them
in A-I.
404 VI 63.3-4.2
(2) (C)
Waste Facilities/Recycling
Facilities
If they are to be allowed in R-15 and R-20
districts, change to say: “100 feet from any
dwelling.”
405 VI 63.3-4.2
(2) (E)
Waste Facilities/Recycling
Facilities
Ibid.
406 VI 63.3-4.2
(3)
Waste Facilities/Recycling
Facilities
There is a possibility that such facilities
could attract flocks of birds and would not
be an appropriate use adjacent to the
airport. Suggest not allowing them in A-I
407 VI 63.4 Residential Uses These should be in the Special Use article.
408 VI 63.4-1 Residential Uses/Family
Uses
Consider removing – not needed.
409 VI 63.5-1 Utilities/Telecommunicati
on Communication
Move to Special Use article.
New Hanover County UDO 80 Project Blueprint
Item Art. Sec. Provision Comment
Facilities, Cellular and
Related Towers
410 VI 63.5-1 (A) Utilities/Telecommunicati
on Communication
Facilities, Cellular and
Related Towers
Is there a setback if not abutting residential
property? There should be. (B)(1) addresses
setbacks. All setback requirements should
be in one place.
411 VI 63.5-1 (B) Utilities/Telecommunicati
on Communication
Facilities, Cellular and
Related Towers
Check with County attorney about the
legality of denying a right to request a
variance.
412 VI 63.5-1 (B)
2
Utilities/Telecommunicati
on Communication
Facilities, Cellular and
Related Towers
There may be other visual impacts than
those related to residential. Consider views
from adjacent roadways or residential areas
that are not immediately adjacent.
413 VI 63.5-1 (B)
3
Utilities/Telecommunicati
on Communication
Facilities, Cellular and
Related Towers
Consider removing – concealed towers can
be permitted but, not encouraged.
414 VI 63.5-1 (B)
4
Utilities/Telecommunicati
on Communication
Facilities, Cellular and
Related Towers
This is a bit subjective. This could require
mono poles only which tend to be less
obtrusive.
415 VI 63.5-1 (C) Utilities/Telecommunicati
on Communication
Facilities, Cellular and
Related Towers
This may call more attention to the facility
than would otherwise be the case.
416 VI 63.5-1
(D)
Utilities/Telecommunicati
on Communication
Facilities, Cellular and
Related Towers
Is a stealth facility a better alternative in
terms of improved coverage?
417 VI 63.6-2 Recreation/Travel Trailers This should address parking and storage of
RVs – especially in residential districts.
418 VI 63.7 Erection of More Than
one Principal Structure on
a Lot
Why the building inspector? If this is to be
allowed, it is a zoning matter.
419 VI 63.7 Erection of More Than
one Principal Structure on
a Lot
This should not be permitted, except for
shopping centers, interrelated businesses,
and multiple family developments.
420 VI 63.8 Exceptions to Height
Regulations
This should be expanded to include: parapet
walls, scenery lofts, church steeples, etc.
421 VI 63.10 Electronic Gaming
Operation (Sweepstakes)
Consider as a special use.
422 VI 63.10 Electronic Gaming
Operation (Sweepstakes)
Commercial should be very limited in
industrial districts and electronic gaming is
not desirable in those areas.
New Hanover County UDO 81 Project Blueprint
Item Art. Sec. Provision Comment
423 VI 63.10 3 Electronic Gaming
Operation (Sweepstakes)
Can all 10 be located within one area or one
business?
424 VI 63.10 Electronic Gaming
Operation (Sweepstakes)
Add a heading and number to this
paragraph.
425 VI 63.10 Electronic Gaming
Operation (Sweepstakes)
This is described as a neighborhood business
district. This use is not appropriate in the
setting.
426 VI 63.10 Electronic Gaming
Operation (Sweepstakes)
Not appropriate in an office district.
427 VI 63.10 5 Electronic Gaming
Operation (Sweepstakes)
This should be a general requirement
related to all lighting. It doesn't need to be
specified for a particular use.
428 VI 63.11 5 Group Homes Consider removing. How are major
topographical features defined? How is the
distance measured? If a church or school, is
it the building or the entire parcel? Such
exceptions can overcomplicate the
regulation.
ARTICLE VII
429 VII 70-1 Objectives and Purposes
of Special Use Permits
Revise this opening paragraph to provide a
better description of special uses and the
purpose of the procedures.
430 VII 71-1 (1) Special Use Permits Issued
by the Board of County
Commissioners/General
Requirements
Consider whether the Planning Board role is
necessary in view of the quasi-judicial
nature of the proceedings.
431 VII 71-1 (4) Special Use Permits Issued
by the Board of County
Commissioners/General
Requirements
Consider breaking up this paragraph into
two subsections for clarity – conditions and
permit expiration.
432 VII 71-1 (7) Special Use Permits Issued
by the Board of County
Commissioners/General
Requirements
Consider breaking up this paragraph into
two subsections for clarity – district
requirements and traffic study.
433 VII 71-1 (7) Special Use Permits Issued
by the Board of County
Commissioners/General
Requirements
Consider removing this sentence – not very
clear.
434 VII 71-1 (9) Special Use Permits Issued
by the Board of County
Commissioners/General
Requirements
This should be in a development plan review
article and be applicable to all site plan
amendments.
New Hanover County UDO 82 Project Blueprint
Item Art. Sec. Provision Comment
435 VII 71-1 (9)
(B)
Special Use Permits Issued
by the Board of County
Commissioners/General
Requirements
(A) and (B) are too subjective to guide minor
revisions. The criteria for distinguishing
between major and minor changes should
relate to increasing the size of a building,
adding parking, moving interior circulation,
altering the approved density, modifying
landscaping, etc.
436 VII 71-1 (10) Special Use Permits Issued
by the Board of County
Commissioners/General
Requirements
Consider revising to state: “may not be
resubmitted within 12 months of the denial,
unless...”
437 VII 72 Additional Restrictions
Imposed on Certain
Special Uses
This section is a bit disjointed. The special
use article should establish the purpose,
procedures, responsible decision maker,
general standards applicable to all special
uses, and specific standards for individual
uses. All uses should be listed in one place
in categories or alphabetical order.
438 VII 72-2 Additional Restrictions
Imposed on Certain
Special Uses/Cemetery
Consider removing. Perhaps replace with
one general statement about compliance
with all other local, state and federal
regulations.
439 VII 72-4 Additional Restrictions
Imposed on Certain
Special Uses/Convenience
Food Store
These can be high traffic uses, so perhaps
this shouldn’t be permitted. Also, note that
the use table indicates these are allowed in
R-10 and R-7. Why would these
requirements only apply if in R-15?
440 VII 72-4 (2) Additional Restrictions
Imposed on Certain
Special Uses/Convenience
Food Store
This is small for a convenience store. They
are typically 4,000 to 4,500 square feet.
441 VII 72-4 (3) Additional Restrictions
Imposed on Certain
Special Uses/Convenience
Food Store
Is this appropriate in this district?
442 VII 72-4 (4) Additional Restrictions
Imposed on Certain
Special Uses/Convenience
Food Store
Consider changing to say require the store
be on a street corner and abutting at least
one arterial.
443 VII 72-4 (5) Additional Restrictions
Imposed on Certain
Special Uses/Convenience
Food Store
Consider removing. If a site plan is required
as part of the special use application, signs
will be shown.
444 VII 72-4 (7) Additional Restrictions
Imposed on Certain
1 pump islands are rarely proposed and
unlikely to happen.
New Hanover County UDO 83 Project Blueprint
Item Art. Sec. Provision Comment
Special Uses/Convenience
Food Store
445 VII 72-9 Additional Restrictions
Imposed on Certain
Special Uses/Hospital or
Nursing and Personal Care
Facilities
Consider not including the districts since
that information is in the use table and
future amendments may result in conflicting
provisions between the two.
446 VII 72-12 Additional Restrictions
Imposed on Certain
Special Uses/Private Club
or Lodge and Fraternal
and Social Organizations
(Non-residential)
Consider restating as an organization is not a
use.
447 VII 72-12 Additional Restrictions
Imposed on Certain
Special Uses/Private Club
or Lodge and Fraternal
and Social Organizations
(Non-residential)
It is typically not appropriate to allow in
almost any residential district.
448 VII 72-12 (3) Additional Restrictions
Imposed on Certain
Special Uses/Private Club
or Lodge and Fraternal
and Social Organizations
(Non-residential)
Consider removing. This would be expected
in any such facility.
449 VII 72-17 Additional Restrictions
Imposed on Certain
Special Uses/Travel Trailer
Park
Travel trailer parks may not be appropriate
in any residential district (traffic, noise,
camp fires, trash, etc.).
450 VII 72-20 (2) Additional Restrictions
Imposed on Certain
Special Uses/Family Child
Care Homes
Specify the types of signs allowed (i.e., wall,
ground, etc.)
451 VII 72-26 Additional Restrictions
Imposed on Certain
Special Uses/Kennel
This use is not typically allowed in single
family residential areas. Additionally, the
table of uses indicates that kennels are
allowed in most districts, some as permitted
and some as special use.
452 VII 72-26 (2) Additional Restrictions
Imposed on Certain
Special Uses/Kennel
Criteria are needed to make such a decision.
This could result in arbitrary and
inconsistent treatment of similarly situated
kennels.
453 VII 72-26 (4) Additional Restrictions
Imposed on Certain
Special Uses/Kennel
Specify the types of signs allowed. Also, is
there a reason for a 2 ¼ square sign? This is
very small for a business sign.
New Hanover County UDO 84 Project Blueprint
Item Art. Sec. Provision Comment
454 VII 72-26 (5) Additional Restrictions
Imposed on Certain
Special Uses/Kennel
This use shouldn't be in a residential zone,
except possibly R-A.
455 VII 72-27 Additional Restrictions
Imposed on Certain
Special Uses/Mobile
Home
This is not appropriate as it implies that
mobile homes and their owners are not
desired.
456 VII 72-27 (2) Additional Restrictions
Imposed on Certain
Special Uses/Mobile
Home
What is the basis/criteria for this decision? It
should be made clear to avoid unequal
treatment and discrimination.
457 VII 72-28 Additional Restrictions
Imposed on Certain
Special Uses/Non-
Residential Off-Street
Parking
Consider removing this section or revising to
provide a clear understanding of
applicability. Also, it should be located in the
off-street parking section of the ordinance.
458 VII 72-28 (2) Additional Restrictions
Imposed on Certain
Special Uses/Non-
Residential Off-Street
Parking
Clarify this sentence or consider removing. Is
this section allowing parking as a principal
use or accessory to a principal use (church,
school, etc.)? If it's the latter, which this
statement implies, there is no need for a
review and approval of the parking lot as a
separate use. If a church is allowed, for
example, the parking lot is part of that use.
459 VII 72-28 (4)
(A)
Additional Restrictions
Imposed on Certain
Special Uses/Non-
Residential Off-Street
Parking
If the property is contiguous with the
principal use property, there should be no
need to treat the parking lot as a separate
use.
460 VII 72-28 (4)
(B)
Additional Restrictions
Imposed on Certain
Special Uses/Non-
Residential Off-Street
Parking
Churches, schools and other non-residential
uses are allowed in residential districts. So,
does this section apply to those?
461 VII 72-28 (4)
(C)
Additional Restrictions
Imposed on Certain
Special Uses/Non-
Residential Off-Street
Parking
Clarify if "site" refers to the property or the
parking lot.
462 VII 72-28 (6) Additional Restrictions
Imposed on Certain
Special Uses/Non-
Residential Off-Street
Parking
This should be a general provision applicable
to all lighting and not repeated throughout
the ordinance.
New Hanover County UDO 85 Project Blueprint
Item Art. Sec. Provision Comment
463 VII 72-29 Additional Restrictions
Imposed on Certain
Special Uses
Clarify if this is a live/work unit. A heading
should be added to this section, consistent
with the others.
464 VII 72-29 (1) Additional Restrictions
Imposed on Certain
Special Uses
This should be clarified. It sounds like a
home occupation in which the business is
subordinate to the dwelling.
465 VII 72-29 (2) Additional Restrictions
Imposed on Certain
Special Uses
This may not be legal or enforceable.
466 VII 72-29 (3) Additional Restrictions
Imposed on Certain
Special Uses
Again, this seems to imply that the dwelling
is the principal use.
467 VII 72-29 (5) Additional Restrictions
Imposed on Certain
Special Uses
If the dwelling is on the floor above the
business, it's likely that the floor area will be
the same or at least more than half the floor
below. This requirement doesn't serve a
useful purpose, if you're trying to encourage
live/work space.
468 VII 72-29 (8) Additional Restrictions
Imposed on Certain
Special Uses
Consider removing. It is a little redundant.
The special use provisions should state that
a site plan is required for all applications.
469 VII 72-29 (9) Additional Restrictions
Imposed on Certain
Special Uses
This seems contrary to the apparent intent,
and invites abuse.
470 VII 72-29 (9)
(C)
Additional Restrictions
Imposed on Certain
Special Uses
Consider removing. Any requirement listed
in the section has to be met and would have
to be shown on the site plan.
471 VII 72-31 Additional Restrictions
Imposed on Certain
Special Uses/Commercial
Marina
Consider a waterfront overlay district or a
waterfront residential district to address the
unique needs of such a location.
472 VII 72-31 (2) Additional Restrictions
Imposed on Certain
Special Uses/Commercial
Marina
No need to repeat this throughout the
individual uses. The requirements should be
in the landscaping/buffer article that specify
the circumstances under which a buffer is
required and the type of buffer based on the
adjacencies.
473 VII 72-31 (3) Additional Restrictions
Imposed on Certain
Special Uses/Commercial
Marina
Clarify this or consider removing.
474 VII 72-31 (4) Additional Restrictions
Imposed on Certain
Special Uses/Commercial
Marina
Consider removing. This is repetitious as the
Site Plan should be required for all special
uses.
New Hanover County UDO 86 Project Blueprint
Item Art. Sec. Provision Comment
475 VII 72-31 (6)
(A)
Additional Restrictions
Imposed on Certain
Special Uses/Commercial
Marina
Why this specific number?
476 VII 72-31 (6)
(B)
Additional Restrictions
Imposed on Certain
Special Uses/Commercial
Marina
This is vague and subjective.
477 VII 72-31.5 Additional Restrictions
Imposed on Certain
Special Uses/Commercial
Marina/Commercial
Marina with Floating
Structures
Consider a waterfront overlay district or a
waterfront residential district to address the
unique needs of such a location.
478 VII 72-33 Additional Restrictions
Imposed on Certain
Special Uses/Septage and
Sludge Disposal
Why is this allowed in a residential district?
479 VII 72-33 (1) Additional Restrictions
Imposed on Certain
Special Uses/Septage and
Sludge Disposal
Consider removing: “horizontal distance.” It
is unnecessary.
480 VII 72-33 (2) Additional Restrictions
Imposed on Certain
Special Uses/Septage and
Sludge Disposal
No need to repeat this throughout the
individual uses. The requirements should be
in the landscaping/buffer article that specify
the circumstances under which a buffer is
required and the type of buffer based on the
adjacencies.
481 VII 72-34 Additional Restrictions
Imposed on Certain
Special Uses/Outdoor
Shooting Ranges
Consider changing. It seems odd to allow
shooting ranges next to an airport,
especially if skeet shooting is not prohibited.
482 VII 72-34 (1) Additional Restrictions
Imposed on Certain
Special Uses/Outdoor
Shooting Ranges
This seems like a very small distance from a
street.
483 VII 72-34 (5) Additional Restrictions
Imposed on Certain
Special Uses/Outdoor
Shooting Ranges
This seems like a very small amount of
coverage to require.
484 VII 72-35 Additional Restrictions
Imposed on Certain
Special Uses/Adult
Entertainment
Establishment
Consider significant revisions. There are
numerous court cases upholding the right to
operate an adult use and the ordinance
needs to clearly establish a public purpose
for regulating them. In addition, there may
be rules regarding hours of operation, sale
New Hanover County UDO 87 Project Blueprint
Item Art. Sec. Provision Comment
of alcohol, licensing of employees, lighting,
and related requirements.
485 VII 72-35 (2) Additional Restrictions
Imposed on Certain
Special Uses/Adult
Entertainment
Establishment
Conduct a review of this section to ensure
that there is a site or sites within the I-1
District that satisfy this separation distance
in order to avoid exclusionary claims.
486 VII 72-35 (3) Additional Restrictions
Imposed on Certain
Special Uses/Adult
Entertainment
Establishment
Such a sign should not be permitted.
487 VII 72-36 Additional Restrictions
Imposed on Certain
Special
Uses/Indoor/Outdoor
Recreation Establishments
Define. This implies a business
(establishments). Does that mean bowling
alleys, mini-golf, batting cages, etc.? If so,
those uses should not be permitted in
residential districts.
488 VII 72-36 (1) Additional Restrictions
Imposed on Certain
Special
Uses/Indoor/Outdoor
Recreation Establishments
No need to repeat this throughout the
individual uses. The requirements should be
in the landscaping/buffer article that specify
the circumstances under which a buffer is
required and the type of buffer based on the
adjacencies.
489 VII 72-36 (5) Additional Restrictions
Imposed on Certain
Special
Uses/Indoor/Outdoor
Recreation Establishments
Consider removing. The special use article
allows for additional conditions to be
attached based on appropriate criteria.
490 VII 72-38 (5) Additional Restrictions
Imposed on Certain
Special Uses/Residential
Uses within Commercial
Districts
Consider either “shall” or “may” instead of
“should.”
491 VII 72-38 (7) Additional Restrictions
Imposed on Certain
Special Uses/Residential
Uses within Commercial
Districts
Lighting should be addressed elsewhere in
the ordinance and should also be a required
element of a site plan. Also, "conceptual"
lighting plan isn't specific in terms of what is
required.
492 VII 72-38 (8) Additional Restrictions
Imposed on Certain
Special Uses/Residential
Uses within Commercial
Districts
Is this subject to approval per 72-29?
New Hanover County UDO 88 Project Blueprint
Item Art. Sec. Provision Comment
493 VII 72-39 Additional Restrictions
Imposed on Certain
Special Uses/Bed and
Breakfast Inn
Other common requirements include a limit
on the number of guest rooms, no cooking
facilities in the rooms, only breakfast may be
served to guests, the owner or manager
must reside on the premises, and a
maximum length of stay.
494 VII 72-40 9 Additional Restrictions
Imposed on Certain
Special Uses/Electronic
Gaming Operation
(Sweepstakes)
Review this separation distance to ensure
that one or more sites are available within
the applicable zoning districts that meet
these requirements to avoid exclusionary
zoning claims.
495 VII 72-41 Additional Restrictions
Imposed on Certain
Special Uses/Farmers
Markets of Produce
Stands in Residential
Zoning Districts
Consider consolidating this section with
63.1-5 and ensure they have the same
standards.
496 VII 72-41 (1) Additional Restrictions
Imposed on Certain
Special Uses/Farmers
Markets of Produce
Stands in Residential
Zoning Districts
Clarify this and provide criteria that a
reviewing body would considering with
respect to these characteristics.
497 VII 72-41 (5) Additional Restrictions
Imposed on Certain
Special Uses/Farmers
Markets of Produce
Stands in Residential
Zoning Districts
Clarify the meaning of this.
498 VII 72-41 (8) Additional Restrictions
Imposed on Certain
Special Uses/Farmers
Markets of Produce
Stands in Residential
Zoning Districts
This is unnecessary as it applies to all uses
and structures.
499 VII 72-41
Section 1
Additional Restrictions
Imposed on Certain
Special Uses/Farmers
Markets of Produce
Stands in Residential
Zoning Districts
Consider removing. This is applicable to
every special use. Criteria and ability to
impose conditions should be stated in the
special use article, not in individual sections
for specific uses.
500 VII 72-41
Section 2
Additional Restrictions
Imposed on Certain
Special Uses/Farmers
Markets of Produce
Consider removing Sections 2-4. This is
redundant.
New Hanover County UDO 89 Project Blueprint
Item Art. Sec. Provision Comment
Stands in Residential
Zoning Districts
501 VII 72-42 (1) Additional Restrictions
Imposed on Certain
Special Uses/Mining/High
Intensity Mining
Operations
This seems unnecessarily small. Low
intensity mining is limited to a 20-acre
minimum site. It would be virtually
impossible to meet the 100-foot setback
requirement on 1 acre.
502 VII 72-42 (4) Additional Restrictions
Imposed on Certain
Special Uses/Mining/High
Intensity Mining
Operations
If explosives are not allowed, make it clear.
503 VII 72-43 Additional Restrictions
Imposed on Certain
Special Uses/High Density
Development
Consider removing. This is a very
complicated concept and should be replaced
with a simplified approach to allowing
higher density development.
504 VII 72-43 (3)
(B) 3
Additional Restrictions
Imposed on Certain
Special Uses/High Density
Development
Clarify this.
505 VII 72-43 (5) Additional Restrictions
Imposed on Certain
Special Uses/High Density
Development
This is not a flexible, user-friendly regulation
– has any developer used this process?
Consider revising.
506 VII 72-43 (5)
(B) 2 a
Additional Restrictions
Imposed on Certain
Special Uses/High Density
Development
Why is this specific number used? It seems
unreasonable considering that a 35-foot
building would require a 130-foot setback.
507 VII 72-43.1 Additional Restrictions
Imposed on Certain
Special Uses/High Density
Development/Senior
Living Options
Clarify the meaning of this. These types of
facilities are much higher density than
allowed in a residential subdivision, so they
should have separate standards.
508 VII 72-43.1
(2)
Additional Restrictions
Imposed on Certain
Special Uses/High Density
Development/Senior
Living Options
This is higher than necessary.
509 VII 72-43.1
(6)
Additional Restrictions
Imposed on Certain
Special Uses/High Density
Development/Senior
Living Options
Other provisions require multiples of the
building height when adjacent to single
family. There should be a consistent
standard.
New Hanover County UDO 90 Project Blueprint
Item Art. Sec. Provision Comment
510 VII 72-43.1
(11)
Additional Restrictions
Imposed on Certain
Special Uses/High Density
Development/Senior
Living Options
Revise this into a complete sentence to
avoid having it be misconstrued. This
statement also isn’t necessary since there is
a general statement in the ordinance that
requires that all other local, state and
federal requirements be met
511 VII 72-44 Additional Restrictions
Imposed on Certain
Special Uses/Sludge
Disposal
Incorporate this section into 72-33 and
ensure consistent with one another.
512 VII 72-45 Additional Restrictions
Imposed on Certain
Special Uses/Sludge
Disposal
Incorporate this section into 72-35 and
ensure consistent with one another.
ARTICLE VIII
513 VIII 80 Off-Street Parking
Requirements
Also, consider adding provisions for:
deferred parking, maximum parking, parking
waiver, bicycle parking, pervious surfaces.
514 VIII 80-1 Off-Street Parking
Requirements
Some districts may require a greater
setback. This provision should state
something to the effect that any parking
setback required shall be met, but in no case
less than 8 feet.
515 VIII 80-1 Off-Street Parking
Requirements
This section should be incorporated into the
overall off-street parking requirements
article.
516 VIII 80-2 Off-Street Parking
Requirements/Certificate
of Minimum Parking
Requirements
Consider removing. There should be parking
design standards (i.e., minimum space size,
maneuvering aisle dimensions, etc.) that
govern everything that's included in this
paragraph.
517 VIII 80-3.1 Off-Street Parking
Requirements/Combinatio
n of Required Parking
Space
Consider removing. This appears to be
written for a specific situation or applicant.
518 VIII 80-6 Off-Street Parking
Requirements/Off-Street
Parking Design and Space
Size
Consider including a table that provides
minimum dimensional requirements for
parallel, angled and 90 degree parking; in
addition to minimum aisle widths for one-
way and two-way flow.
519 VIII 80-6 Off-Street Parking
Requirements/Off-Street
Parking Design and Space
Size
This is narrow for full-sized vehicles -
typically standard width is 9 or 9.5 feet.
New Hanover County UDO 91 Project Blueprint
Item Art. Sec. Provision Comment
520 VIII 80-6 Off-Street Parking
Requirements/Off-Street
Parking Design and Space
Size
Water oriented parking should be in a
separate section, not mingled with vehicular
parking standards.
521 VIII 81-1 Minimum Parking
Requirements
Revise listed uses to reflect all uses included
in the use table.
522 VIII 81-1 Minimum Parking
Requirements
Revise parking standards to be based on a
space measurement rather than number of
employees.
523 VIII 81-1 Minimum Parking
Requirements
These should not be considered home
occupations.
524 VIII 81-1 Minimum Parking
Requirements
Prior criteria stated no traffic beyond
normal for neighborhood, but these are
potentially high traffic uses.
525 VIII 81-1 Minimum Parking
Requirements
This is a different requirement than stated in
the special use provisions.
526 VIII 81-1 Minimum Parking
Requirements
There are no other retail uses specified.
There should be specific standards
depending on the retail use. This standard of
2.5 spaces per 1,000 sq.ft. is very low. ULI
recommends 4 to 4.5 per 1,000 for some
retail uses. The needs of a grocery store are
much different than those of a furniture
store.
ARTICLE IX
527 IX 90 (2) (A) Purpose Clarify or consider removing. This may be
construed as setting priorities based on
content - church bake sale more important
than Joe's Pizza Palace. That's likely not the
intent but could be interpreted that way.
528 IX 91-2 (1) General
Provisions/Anchoring
It should be made clear that this is only
applicable to one type of sign. The
provisions listed here are incomplete (i.e.,
wall signs and temporary signs and banners
are not addressed). This section on
anchoring should be revised and simplified
to require all signs be properly anchored
and constructed.
529 IX 91-3 General Provisions/Wind
Loads
What are skeleton signs?
530 IX 91-5 General
Provisions/Maintenance
and Removal
Consider simplifying the standards and
language of this section.
531 IX 91-7 General Provisions/Sign
Measurements
Consider including graphics to illustrate
dimensions and measurements.
New Hanover County UDO 92 Project Blueprint
Item Art. Sec. Provision Comment
532 IX 91-8 General
Provisions/Lighting
Consider updating to address flashing signs,
LED signs with scrolling messages, or other
special effects.
533 IX 91-9 General
Provisions/Exemptions
Flags, historical markers, warning signs, etc.
This should be moved to Sec. 93 with the
other exemptions.
534 IX 91-11 (3) General
Provisions/Indemnificatio
ns and Insurance
This amount of coverage is low.
535 IX 91-12 General
Provisions/Prohibited
Signs
There are several signs listed in Table 2 as
prohibited that aren't noted here. Those
signs should be removed from the table and
listed here (above roof, animated, flashing,
pennant, projecting, revolving, sandwich
board, special purpose, wind device).
536 IX 91-12 (7) General
Provisions/Prohibited
Signs
This is no longer permitted. See Supreme
Court decision in Reed v. Town of Gilbert
(2015). Ensure all sign regulations have been
updated.
537 IX 92.1 Administration, Filing
Procedure and
Permits/Administration
Consider simplifying this sentence.
538 IX 93 (3) Signs Which do not
Require a Permit
Consider a limit to the number of signs that
may be placed at one driveway.
539 IX 93 (4) Signs Which do not
Require a Permit
Public issues signage (i.e., referendums,
special millage, etc.) should be noted.
540 IX 93 (6) Signs Which do not
Require a Permit
This is a very large sign. Consider
distinguishing between residential and non-
residential signs.
541 IX 94 Signs Which Require a
Permit
Consider including a table to make these
provisions easier to read, understand, and
compare. A distinction should be made by
zoning district.
542 IX 94-2 Signs Which Require a
Permit/Identification Signs
Headings should have a consistent format.
543 IX 94-3 Signs Which Require a
Permit/Freestanding Signs
in residential areas
Marquees are not typically freestanding
signs, but are instead attached to and
project from a building wall. Perhaps this is
intended to mean a changeable message
sign. Definitions of each should be provided.
544 IX 94-4 (1)
(B)
Signs Which Require a
Permit/Principal Use Signs
Consider revising. Multiple freestanding
signs for one use may be unnecessary and
contrary to the purposes stated at the
beginning of this sign section. A 100-foot
wide lot is not very wide, and having
multiple lots of that width along a corridor
New Hanover County UDO 93 Project Blueprint
Item Art. Sec. Provision Comment
invites more clutter and distraction.
Consider one sign per parcel per frontage.
545 IX 94-4 (1)
(B)
Signs Which Require a
Permit/Principal Use Signs
Revise to prevent two signs on adjoining
properties from being excessively close.
546 IX 94-4 (1)
(C)
Signs Which Require a
Permit/Principal Use Signs
This may result in a sign of very odd
proportions. Also, 150 sq. ft. for a ground
sign is very large.
547 IX 94-4 (2) Signs Which Require a
Permit/Principal Use Signs
Consider one wall sign and one awning,
projecting or canopy sign to be the
maximum.
548 IX 94-4 (5)
(B)
Signs Which Require a
Permit/Principal Use Signs
Consider having freestanding signs separate
from other sign types. In addition, an earlier
provision stated no freestanding sign over 6
feet high.
549 IX 94-4 (5)
(C)
Signs Which Require a
Permit/Principal Use Signs
Consider limiting awning signs to one per
occupancy.
550 IX 94-4 (5)
(D)
Signs Which Require a
Permit/Principal Use Signs
This standard is a bit subjective and
therefore difficult to apply.
551 IX 94-4 (5)
(D) Table
1
Signs Which Require a
Permit/Principal Use Signs
Consider eliminating this standard. This isn’t
typically a very important factor.
552 IX 94-4 (5)
(D) Table
1
Signs Which Require a
Permit/Principal Use Signs
This is a questionable distinction as it can be
argued that a business that has significant
frontage doesn't need a larger sign because
there are no other signs nearby to compete
for attention. This may also penalize the
property with 98 feet of frontage in
comparison with a neighbor who has 101
feet or someone with 299 vs. 301.
553 IX 94-4 (5)
(D) Table
1
Signs Which Require a
Permit/Principal Use Signs
A required 9-foot clearance only leaves 3
feet for the sign.
554 IX 94-4 (5)
(D) Note
(2)
Signs Which Require a
Permit/Principal Use Signs
Consider increasing this setback to ensure
that sight lines for vehicles entering or
leaving a driveway are not obstructed.
555 IX 94-4 (5)
(D) Table
2
Signs Which Require a
Permit/Principal Use Signs
Prohibited signs should be listed in 91-12.
556 IX 94-4 (5)
(D) Table
2
Signs Which Require a
Permit/Principal Use Signs
Consider allowing wall signs for churches,
schools, home occupations, bed and
breakfasts, and other commercial uses that
are permitted in residential districts.
New Hanover County UDO 94 Project Blueprint
Item Art. Sec. Provision Comment
557 IX 94-4 (5)
(D) Table
2
Signs Which Require a
Permit/Principal Use Signs
Consider adding a clear statement in the
Lighting section to emphasize this.
558 IX 94-4 (5)
(D) Table
2
Signs Which Require a
Permit/Principal Use Signs
This type of sign may be very appropriate in
a walkable, mixed-use development.
559 IX 94-4 (5)
(D) Table
2
Signs Which Require a
Permit/Principal Use Signs
Ibid.
560 IX 95-1 (3) Temporary and Special
Event
Signs/Balloons/Blimps
Consider removing. This seems to be a
regulation to address a specific situation or
applicant.
561 IX 95-1 (4) Temporary and Special
Event
Signs/Balloons/Blimps
Consider removing. This should be a basic
requirement applicable throughout the
ordinance.
562 IX 95-1 Temporary and Special
Event
Signs/Balloons/Blimps
Consider removing. This is contrary to the
purpose statement for the sign section.
563 IX 95-1 Temporary and Special
Event
Signs/Balloons/Blimps
Clarify what a “hazardous situation” is or
consider updating. Is distracting motorists a
hazardous situation?
564 IX 95-2 Temporary and Special
Event Signs/Banners
Consider simplifying and revising as there
are multiple provisions in this paragraph.
Can a banner be displayed at the same time
as a blimp or balloon?
565 IX 95-3
Table 3
Temporary and Special
Event Signs/Banners
This seems unnecessarily complicated.
566 IX 95-4 Temporary and Special
Event Signs/Pennants
This is potentially an issue as these uses are
permitted pennants but businesses and
homeowners are not.
567 IX 95-5 Temporary and Special
Event Signs/Portable Signs
It is unlikely that industrial uses would have
a need for portable signs. This may be
something to limit to commercial districts.
This also illustrates one of the reasons why
general commercial should not be permitted
within the industrial districts.
568 IX 95-5 Temporary and Special
Event Signs/Portable Signs
Consider sight visibility – this isn’t a very
significant setback from the right-of-way
line.
569 IX 96-2 (1) Outdoor Advertising
Signs/Location, Setbacks
and Spacing of Outdoor
Advertising Signs
Ibid.
New Hanover County UDO 95 Project Blueprint
Item Art. Sec. Provision Comment
570 IX 96-2 (4) Outdoor Advertising
Signs/Location, Setbacks
and Spacing of Outdoor
Advertising Signs
This suggests that two-sided billboards
perpendicular to the road are not permitted.
If that the case, it should be made more
clear. If not, a caveat should be added to
this provision. The following section
addresses this, but paragraph (4) should
make it clear.
571 IX 96-4 (1) Outdoor Advertising
Signs/Area Height
Requirements for Outdoor
Advertising Signs
Consider simplifying to make less complex.
Also, these sizes are small for billboards.
Have variances been granted for larger
ones?
572 IX 96-4 (1) Outdoor Advertising
Signs/Area Height
Requirements for Outdoor
Advertising Signs
Consider removing this sentence as it has
already been addressed in the sign
measurement section.
573 IX 96-7 Outdoor Advertising
Signs/Illumination
Consider explicitly mentioning LED lights if
they are not to be permitted.
574 IX 96-8 Outdoor Advertising
Signs/Back of Sign
Consider removing as it is already covered
by 96-2(4).
575 IX 96-10 Outdoor Advertising
Signs/Maintenance
Consider consolidating with 96-5.
ARTICLE X
576 X 102-3 Application for Building
Permit or Zoning Permit
Consider putting this requirement on the
application form and removing it from the
ordinance.
577 X 102-4 Application for Building
Permit or Zoning Permit
Consider removing and including that these
requirements are in the Development
Review article. It will reduce the level of
complication in the ordinance.
578 X 102-5 Application for Building
Permit or Zoning Permit
Consider moving these requirements to the
Conservation Overlay District (COD) section.
579 X 102-6 Application for Building
Permit or Zoning Permit
Requirements for drainage plan review and
approval should be in the stormwater
provisions and should apply to more than
just the COD.
580 X 104 Building Permit or Zoning
Permit for New or Altered
Uses
The section headings seem to alternate
between Zoning Permit and Building Permit.
Consider confining these sections to Zoning
Permit procedures and confirm that they are
organized in an intuitive order.
581 X 105 Construction and Use to
be State on Building
Permits
Consider removing as it is related to building
permits and is located in the zoning
ordinance.
New Hanover County UDO 96 Project Blueprint
Item Art. Sec. Provision Comment
582 X 106-1 Right of Appeal Consider removing or clarifying. This is a
good example of the confusion caused by
mixing zoning and building. It references
building permit but refers to the zoning
administrator as the reviewer. In addition,
the Board of Adjustment would not typically
have any authority over a building permit
issue. Does the County have a building
board of appeals?
583 X 107-4 Certificate of Occupancy Consider combining this section with 107-3.
584 X 108 Duties of Zoning
Administrator, Board of
Adjustment, Courts and
County Commissioners as
to Matters of Zoning
Appeal
Consider including the duties of the Board of
Adjustment and County Commissioners in
articles specifically dealing with those
bodies.
585 X 109-1 Vesting Rights and
Development
Agreements/Vesting
Rights
Consider simplifying this section 109-1 as it
is more detailed than necessary.
586 X 109-1 Vesting Rights and
Development
Agreements/Vesting
Rights
The focus of this section seems to focus on
vested rights after plan approval but vested
rights can go beyond that to other approvals
- rezoning, special use, variances. If this
section is retained, it should be broadened
to address vesting in general.
587 X 109-1 (a) Vesting Rights and
Development
Agreements/Vesting
Rights
Consider removing this paragraph. Special
use provisions, development plan approval,
PUD and other relevant articles should have
a time limit for which approvals remain in
effect, unless construction doesn't occur.
588 X 109-1 (b) Vesting Rights and
Development
Agreements/Vesting
Rights
Consider removing. A land owner or
applicant can’t nullify and approval once it’s
given.
589 X 109-1 (c) Vesting Rights and
Development
Agreements/Vesting
Rights
This may be a legal issue to be further
explored with the County attorney. There
may be liability issues for the County if
approval is granted without having
completed due diligence regarding
environmental conditions on the site. In any
case, this would be less a vested rights
matter than a general administrative one.
590 X 109-1 (d) Vesting Rights and
Development
Consider combining (d) with (c). Also, this
section may be a better fit in a general
New Hanover County UDO 97 Project Blueprint
Item Art. Sec. Provision Comment
Agreements/Vesting
Rights
administration or liability section, as
opposed to vested rights.
591 X 109-1 (f) Vesting Rights and
Development
Agreements/Vesting
Rights
This is not really a vested rights issue as it is
more of an issue between the applicant and
state or federal authorities.
ARTICLE XI
592 XI 110-1 Amending the Ordinance Consider including text amendments as well.
593 XI 110-1 Amending the Ordinance Consider removing as all districts (including
those not listed, below) are subject to the
same procedures for rezoning. Additional
requirements are listed in the respective
districts.
594 XI 111-1 Petition/Initiation of
Amendments
The Board of Adjustments doesn’t typically
initiate amendments. If they identify
provisions that are frequently the subject of
variance requests, they should communicate
that to the PB for consideration and possibly
initiation of an amendment.
595 XI 111-1 Petition/Initiation of
Amendments
Does this apply to text amendments, too, or
just rezoning? In some communities, they
don't allow citizens to request text
amendments. They can ask the PB or County
Commission to initiate it.
596 XI 111-2 Petition/Petition Content Consider removing. It should be sufficient to
state that an application shall be filed and a
fee paid.
597 XI 111-2.1 Petition/Petition
Content/required
community information
meeting before
consideration
Consider removing. The relevant districts
should specify that a neighborhood meeting
is required. However, it is a bit onerous to
require the applicant to inform and invite
peripheral interest groups; and the
reporting requirements.
598 XI 111-3 (2) Petition/Submittal
Procedure
Consider revising this factor. It's predictable
that neighbors will be concerned about
impact on their property value but there is
no empirical evidence that putting X next to
Y impacts values. It's more a matter of site
design and architecture.
599 XI 111-3 (2) Petition/Submittal
Procedure
Consider removing since a neighborhood
meeting is already required.
600 XI 111-3 (3) Petition/Submittal
Procedure
Consider including this as part of the rules of
procedure and not in the ordinance. That
way it can be changed without going
New Hanover County UDO 98 Project Blueprint
Item Art. Sec. Provision Comment
through the process of amending the
ordinance
601 XI 111-3 (4) Petition/Submittal
Procedure
Consider revising this or remove to improve
clarity.
602 XI 111-3 (5) Petition/Submittal
Procedure
Provide clarification about what happens
after 12 months.
603 XI 111-3 (5) Petition/Submittal
Procedure
Consider revising this or remove to improve
clarity.
604 XI 111-3 (7) Petition/Submittal
Procedure
Consider removing (7) and including this as
part of the rules of procedure and not in the
ordinance. That way it can be changed
without going through the process of
amending the ordinance
605 XI 111-4 Petition/Fees Consider revising to state that the County
Commissioners shall from time to time
establish fees for all procedures required by
this ordinance (or something to that effect).
606 XI 112-6 Approval Process/Failure
to Proceed in a Timely
Manner
Provide more clarification because a
rezoning cannot be "sunsetted". It should be
clear that the approval of a development
plan or permitted uses within the district
expires, though the zoning district remains
in places until changed.
ARTICLE XII
607 XII 121-3 Filing and Notice for an
Appeal
Consider making this the same time line as
the zoning amendment notice (10 days) to
make things simple and consistent.
608 XII 121-4 Filing and Notice for an
Appeal
Consider removing. This is a little repetitive.
609 XII 122-1 Powers and Duties Provide a definition of what a “disqualified
member” is. Is this a member who recuses
herself for conflict of interest?
610 XII Order Granting/Denying a Variance Consider removing this from the ordinance.
ARTICLE XIII
611 XIII 132-1.1
(A) (3)
Enforcement of Ordinance Consider removing (1-3). This level of detail
is not needed.
612 XIII 133 Approval of New Hanover
County Health
Department or Cape Fear
Public Utility Authority
Consider removing Section 133. This should
be covered by any local, state, or federal
approval that is required.
New Hanover County UDO 99 Project Blueprint
B. New Hanover County Subdivision Ordinance Audit
Item Article Section Provision Comment
1 I General Combine general provisions into single article
in UDO; change terminology to UDO
2 I 13 Metes and Bounds Move to section that describes what
subdivision process requires
3 II 20 Definitions Combine all definitions into single definition
section in UDO; review all definitions for
relevancy; remove regulations from
definitions as much as possible; add new
definitions as necessary
4 III General Combine all subdivision procedures into
administrative procedures section of UDO;
add flow charts to help illustrate process
5 III 30 In General Eliminate legalese such as “hereafter”
6 III 31 Sketch Plan Regulations refer to both preliminary plan
and preliminary plat – standardize reference
7 III 31 Sketch Plan Process appears to be optional, who decides
if a sketch plan is necessary? Can applicant
rely on sketch plan approval?
8 III 31 Sketch Plan Consider moving all submission
requirements to administrative manual;
review all submission requirements to make
sure they are current
9 III 32 Preliminary Plan Identify all relevant specification manuals for
applicant’s use
10 III 32-2
(17)
Preliminary Plan What information in this requirement is
available to applicant from standard sources?
11 III 32-2
(22)
Preliminary Plan Information about the validity period for
delineations belongs in a design standard
section
12 III 32-3
(1)
Preliminary Plan Does the County have a complete application
requirement? How does the timing work for
the external referral process? What other
agencies are typically included? What is the
role of the Technical Review Committee?
13 III 32-3
(2)
Preliminary Plan If an applicant resubmits following denial is
that considered a new application? What
criteria does the Planning Board use to
review a TRC appeal?
14 III 32-3
(3)
Preliminary Plan Information about construction drawings
and building permits should be moved to a
separate section
15 III 33 Final Plat Must final plat be for the entire preliminary
plan or partial? Is final plat enough to stop
expiration or must the applicant start
New Hanover County UDO 100 Project Blueprint
Item Article Section Provision Comment
construction? Is there a specific process to
grant extensions? How is “conform
substantially” to the preliminary plan
defined? Is there a process for minor
modifications to the preliminary plan?
16 III 33-1 Final Plat Are all of the submission requirements
current and correct?
17 III 33-3 P&I Action Does the final plat need to be in complete
compliance with the ordinance or just
substantial compliance?
18 III 35 Water Supply Watershed When in the process does erosion and
sedimentation and/or CAMA review apply?
19 IV 40 General Provisions Is it possible to make this section more
flexible to give the property owner a
development option if part of the property is
buildable?
20 IV 41-1(1) Alleys What conditions warrant a second means of
access?
21 IV 41-1
(2)(d)
Blocks What criteria does TRC use to determine
when pedestrian access is necessary?
22 IV 41-1(3) Buffer Easements This is a fairly wide requirement and can be
accomplished through other means in most
cases; easement language belongs in final
plat section
23 IV 41-1(5) Easements How is the proper width for easements
determined? What standards does County
Engineer use to determine easement
requirement along watercourses?
24 IV 41-1(6) Lots Do these standards achieve the County’s
desired result? Could an alley be used in-lieu
of a private access easement?
25 IV 41-1(7) Streets Should this section reference a master street
plan? Most of this information will be
combined into an overall mobility and
connectivity section in the UDO
26 IV 41-1
(7)(l)
Traffic Calming Does an applicant need permission to use
traffic calming measures? Which nationally
recognized traffic engineering guideline are
applied? Existing public streets section
should be moved out of the subdivision
regulations
27 IV 41-1(8) Street Trees Does this section conform with zoning
requirements for trees and landscaping?
28 IV 41-1
(13)
Transit Facilities Can any applicant install transit facilities or
should this reference a transit plan?
New Hanover County UDO 101 Project Blueprint
Item Article Section Provision Comment
29 V 50 In General Can an applicant develop a subdivision in any
order or is a master phasing plan required?
Can streets/open space/ other
improvements be left until last?
30 V 50-2 Improvements Do “construction plans” include
sedimentation and erosion control plans?
31 V 50-4
(5)
Existing Flora How is “make every effort practically
possible” defined?
32 V 52 Required Improvements Some of these requirements will be
combined with similar zoning development
standards where they will be required for
either zoning or subdivision approval (e.g.,
water supply)
33 V 52-4 Matrix Table for Private
Road ROW Specifications
Is the information in this table still current
and applicable?
34 V 52-5 Surface Water Drainage Replace with or reference stormwater
standards
35 V 52-7(3) Recreation Space How is “functionally usable” determined?
Which board is reference in this section?
How does the County determine if existing
park space is located close enough to serve
residents and exempt the recreation space
requirement?
36 V 52-7(4) Standards for Park,
Recreation, and Open
Space Areas
Should this section reference a County plan?
Who is the “appropriate governing body”?
How does the County determine if land is
located so as to “reasonably serve” the
immediate neighborhood? Is the public
allowed to access dedicated park land?
37 V 52-11 Sidewalks, Trails, and
Bikeways
This section will be combined into the overall
mobility and connectivity section; What
happens if property that is exempt from
sidewalk requirements redevelops in a more
dense pattern? The exemption requirement
seems very permissive, should this be
changed for a more walkable community?
38 V 54 Property Owners’
Association
Move this to guarantees section
39 VI General Collect all procedures in a single section of
the UDO
40 VI 61 Planned Unit Development Isn’t the purpose of a PUD to allow variance
to the regulations? What additional
variances are contemplated here?
41 VI 66 Public Sites and Open
Spaces
Combine with sketch plan process or move to
thoroughfare design standards
New Hanover County UDO 102 Project Blueprint
Item Article Section Provision Comment
42 VI 66-2 Reservation of Sites for
Public Facilities
Move to design standards and cross
reference in dedication section
43 VI 68 Enforcement of Ordinance Combine into general UDO enforcement
section
44 VII Appendices and Certificates Move to final plat section and administrative
manual
New Hanover County UDO 103 Project Blueprint
C. New Hanover County Stormwater Regulations Audit
Item Article Section Provision Comment
Article VII Stormwater Management
1 General Consider adding a section that indicates related
sections of code, such as Flood Damage Prevention
Ordinance, Erosion and Sediment Control, Bonus
density for LID practices, etc.
2 General Consider adding a standalone section for
Applicability and Exceptions Section to clarify
applicability in the ordinance for new development,
redevelopment, larger common plan development,
stormwater "hotspots", etc.
3 General Consider reformatting ordinance Divisions and
standards to include a more logical flow
(parentheses indicates sections of existing
ordinance): (Authority); (Generally); Applicability and
Exemptions; Scope of Responsibility; Responsibility
of County; Compatibility with other regulations;
Severability; Stormwater Management Design
Standards - to include new development and
redevelopment scenarios (Policies); Post
Construction Stormwater Management (Policies);
Inspections of Stormwater Management Systems
(Right o Entry); Enforcement, Variance and Appeals
(Enforcement and Appeals); (Illicit Discharges);
(Assessments for Regional Projects); then, (Industrial
and Related Activities); or something similar.
4 VII 23-282 Definitions Consider revising definitions to include, or be
consistent with, state minimum standards for
application consistency.
5 VII 23-282 Definitions Design professional - consider adding acceptable
registrations (e.g. licensed engineer, etc.)
6 VII 23-282 Definitions Detention - consider adding "temporary" in the
definition
7 VII 23-282 Definitions Developed Land - Consider including changes in
vegetation, grading, etc., since it will change runoff
characteristics and rate
8 VII 23-282 Definitions Clarify "having control over" definition -consider site
operators and SWPPP responsible parties as well.
9 VII 23-282 Definitions Impervious - consider the addition of a performance
specification of gravel, compacted fills (e.g. 90%
impervious)
10 VII 23-282 Definitions Infiltration - expand definition to include
dependency on soil hydrologic classes and
groundwater elevations.
New Hanover County UDO 104 Project Blueprint
Item Article Section Provision Comment
11 VII 23-282 Definitions Land Disturbance - consider adding in "activities that
affect existing site drainage patterns"
12 VII 23-282 Definitions Clarify redevelopment and site expansion
definitions.
13 VII 23-282 Definitions Storm frequency - consider referencing NOAA Atlas
14 for precipitation amount and IDF curves.
14 VII 23-282 Definitions Stormwater Conveyance - expand to include types of
manmade conveyances, such as pipes, channels,
curbs, etc.
15 VII 23-282 Definitions Consider including definitions for vegetative buffers
and filters
16 VII 23-282 Definitions Consider making its own Division
17 VII 23-
284,23-
285,
Jurisdiction,
Purpose &
Objectives
Consider grouping in one Division
18 VII 23-284,
285
Purpose Consider consolidating Purpose & Objective into one
section
19 VII 23-341 County's Role consider expanding to include management of public
facilities, oversight of implement of design
standards, updating ordinance as required, etc.
20 VII 23-343 New
Development
Indicate applicability in proposed Applicability and
Exceptions section; move design standards to
proposed Post Construction Stormwater
Management Division; remove this section
21 VII 23-343 New
Development
Regarding design standards - consider including
water quality requirements consistent or more
stringent than State requirements. Consider adding
a statement referring to GI/LID as related to density
bonuses allowed pursuant to zoning code.
21 VII 23-344 Redevelopment Indicate applicability in proposed Applicability and
Exceptions section; move design standards to
proposed Post Construction Stormwater
Management Division; remove this section
22 VII 23-344 Redevelopment Consider removal or decreased detention
requirements for reduction in post-developed
impervious coverage from pre-developed impervious
coverage on a redevelopment, unless the area is
noted as a stormwater "hotspot" or exhibits existing
drainage issues
23 VII 23-344 Redevelopment Consider detention of the change from post-
construction impervious coverage to pre-
development impervious coverage, rather than
having to provide detention for all post construction
impervious coverage, unless the area is noted as a
stormwater "hotspot" or exhibits existing drainage
issues
New Hanover County UDO 105 Project Blueprint
Item Article Section Provision Comment
24 VII 23-371,
23-
372,23-
373-374-
375
County Consider condensing these sections into an
Inspection of Stormwater Management Division
25 VII 23-405 Funding of
projects by the
city
Revise to read Funding of projects by the County
26 VII
Division should be renamed Post Construction
Stormwater Management or Design Standards
27 VII 23-432
(a), (b)
Move applicability to new applicability and
exemptions section.
28 VII 23-432
(b)
Clarify redevelopment criteria so that
redevelopment is not discouraged.
29 VII 24-432
(d)
Consider reducing the regulation on redevelopment
applications to promote redevelopment within the
County.
30 VII 24-432 ( e
)
Consider including an option for applicant to develop
a baseline conditions for pre- vs. post analysis
31 VII 24-432 ( e
)
consolidate 25 % impervious of total into
redevelopment criteria. Expansion and
redevelopment are very similar.
32 VII 24-432 ( e
)
consider redevelopment being redevelopment, treat
additional impervious area as needing to meet pre-
vs post for the additional impervious only.
33 VII 24-432 (f)
move to different section - Generally?
34 VII 24-432
(g)
move to exemptions
35 VII 24-433
Consider moving to new Division - Scope of
Responsibility
36 VII 24-434
Consider moving to County's Responsibilities Division
or create Submittal Review & Approval Section
37 VII 24-
435,24-
436, 24,-
437, 24-
438, 24-
439
See above.
38 VII 24-440,
24-441,
24-442
Consider moving to Post Construction Stormwater
Management
39 VII 24-443
Consider moving to Enforcement, Variance and
Appeals Divisions