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2019-07-01 RM Exhibits
Exhibit Book "`1- Page 32 0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION IN RECOGNITION OF THE VIETNAM TRAVELING MEMORIAL WALL® WHEREAS, the Vietnam Traveling Memorial Wall® is part of the Vietnam and all Veterans of Brevard (WB) located in Brevard County Florida and is a 3/5 scale of the Vietnam Veterans Memorial in Washington, D.C., standing six feet tall at the center and stretches almost 300 feet from end to end; and WHEREAS, Wilmington, North Carolina has been selected to host the Vietnam Traveling Memorial Wall®from July 25 to July 29, 2019; and WHEREAS,the traveling memorial will be on display at Mayfaire Town Center, 1055 International Drive, accessible twenty-four hours a day, and is free to the public during this time; and WHEREAS, 2019 is the 54th anniversary of the Vietnam War and the traveling memorial serves to honor more than three million Americans who served in the U.S. Armed Forces during the Vietnam War and its walls bear the names of more than 58,000 men and women, including over 1,600 North Carolinians, who made the ultimate sacrifice in Vietnam; and WHEREAS, the traveling wall is meant to bring the opportunity to view the memorial to people who may not be able to travel to the original memorial in our nation's capital. NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners appreciates the work of the American Honor Guard of North Carolina, Vietnam Veterans of America, and all the volunteers to bring the Vietnam Traveling Memorial Wall®to this county. BE IT FURTHER RESOLVED that the New Hanover County Board of Commissioners welcomes the opportunity to honor the men and women who gave their lives in service during the Vietnam War. ADOPTED this the 1st day of July, 2019. NEW OVER COUNTY ‘/// 4 at an Barfi: d,Jr., h.' an I k ATTE T: / / i K f berleigh G./Powell, Clerk to the Board 4-4 Exhibit Book 4 Page 320 Resolution North Carolina Governor's Highway Safety Program LOCAL GOVERNMENTAL RESOLUTION WHEREAS, the New Hanover County Sheriffs Office (herein called the "Agency") (The Applicant Agency) has completed an application contract for traffic safety funding; and that New Hanover County Board of Commissioners (The Governing Body of the Agency) (herein called the"Governing Body") has thoroughly considered the problem identified and has reviewed the project as described in the contract; THEREFORE, NOW BE IT RESOLVED BY THE New Hanover County Board of Commissioners IN OPEN (Governing Body) MEETING ASSEMBLED IN THE CITY OF Wilmington , NORTH CAROLINA, THIS st DAY OF July , 20 19 , AS FOLLOWS: 1. That the project referenced above is in the best interest of the Governing Body and the general public; and 2. That New Hanover County Sheriffs Office is authorized to file, on behalf of the Governing (Name and Title of Representative) Body, an application contract in the form prescribed by the Governor's Highway Safety Program for federal funding in the amount of$ 83,000 to be made to the Governing Body to assist in defraying (Federal Dollar Request) the cost of the project described in the contract application; and 3. That the Governing Body has formally appropriated the cash contribution of$0 as (Local Cash Appropriation) required by the project contract; and 4. That the Project Director designated in the application contract shall furnish or make arrangement for other appropriate persons to furnish such information, data, documents and reports as required by the contract, if approved, or as may be required by the Governor's Highway Safety Program; and 5. That certified copies of this resolution be included as part of the contract referenced above; and 6. That this resolution shall take effect immediately upon its a••• ion. DONE AND ORDERED in open meeting by arlirte- lerk) (Ghai or) •ATTESTED BY 6 Gp NO DATE /01-0 / 0 (tAJJ A. .ts, LISH,o, Rev. 7/11 Exhibit L B3Gok X Z Page 32 03 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AWARD OF CONTRACT TO GIBBS MANAGEMENT SERVICES WHEREAS, sealed proposals were received on May 15, 2019 at 2:00 p.m. for Home Delivered Meals (HDM) and Congregate Nutrition Programs for the Senior Resource Center; and WHEREAS, at the closing time for receipt of all proposals, only one proposal was received and the proposer was notified that due to receiving only one proposal,the project had to be re-advertised as a condition of the grant funding; and WHEREAS, the sole proposal was not opened and the proposer was notified of the requirement and made the decision to leave the proposal until the next closing deadline; and WHEREAS, the solicitation was re-advertised and potential service providers were notified of the re- advertised request for proposals and the re-advertised sealed proposals were due on June 12, 2019 at 2:00 p.m.; and WHEREAS, on the closing date and time, no additional proposals were received and the proposal from Gibbs Management Services, Inc. was opened as allowed by the grant after due re- advertisement; and WHEREAS,Gibbs Management Services, Inc. proposed a meal price of$3.40 per meal for regular and frozen meals and$3.50 per meal for shelf stable meals; and WHEREAS, Gibbs Management Services, Inc. has extensive knowledge of the Home and Community Care Block Grant nutrition requirements and is known for delivering a quality product to its consumers; and WHEREAS, Gibbs Management Services, Inc. is a local business, has successfully submitted all proposal requirements, and is able to meet or exceed all grant standards. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the contract to provide Nutrition Services for the Senior Resource Center is awarded to Gibbs Management Services, Inc. and the County Manager is hereby authorized and directed to execute the contract with the contract form to be approved by the County Attorney. ADOPTED this the 1St day of July, 2019. NEW j ER COU than Barf;� • . '., h irman 3 4. 0 ATTE • • MHO "" , ` K erleigh G. C e` ell, Clerk to the Board Exhibit Book x�I Page 32o11a New Hanover County Monthly Collection Report for May 2019 Current Year 2018-2019 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 144,541,910.34 $ 14,305,666.98 $ 10,259,099.15 $ 169,106,676.47 Abatements $ (41,504.66) $ (230,527.35) $ (272,032.01) Adjustments $ 7,725.64 $ 17,520.85 $ 25,246.49 Total Taxes Charged $ 144,508,131.32 $ 14,092,660.48 $ 10,259,099.15 $ 168,859,890.95 Collections to Date $ 145,223,086.41 $ 13,492,808.46 $ 10,259,099.15 $ 168,974,994.02 *Refunds $ 1,418,643.76 $ 98,291.96 $ 1,516,935.72 Write-off $ (178.60) $ (1,337.50) $ (1,516.10) Outstanding Balance $ 703,510.07 $ 696,806.48 $ - $ 1,400,316.55 Collection Percentage 99.51 95.06 100.00 99.17 YTD Interest Collected $ 209,095.78 $ 25,508.38 $ 65,295.56 $ 299,899.72 Total 2018-2019 Collections YTD $ 167,757,958.02 Prior Years 2008-2017 Real Estate Personal Property Motor Vehicles Combined Scroll $ 1,656,826.06 $ 3,938,196.24 $ 623,780.46 $ 6,218,802.76 Abatements $ (18,245.20) $ (126,856.78) $ (41.16) $ (145,143.14) Adjustments $ - $ 6,213.91 $ 6,213.91 Total Levy $ 1,638,580.86 $ 3,817,553.37 $ 623,739.30 $ 6,079,873.53 Collections to Date $ 626,422.30 $ 148,917.82 $ 14,881.25 $ 790,221.37 *Refunds $ 38,488.08 $ 33,879.59 $ 3,276.24 $ 75,643.91 Write-off $ (15,440.14) $ (122,656.02) $ (112,714.24) $ (250,810.40) Outstanding Balance $ 1,035,206.50 $ 3,579,859.12 $ 499,420.05 $ 5,114,485.67 YTD Interest Collected $ 100,137.65 $ 23,913.61 $ 8,271.63 $ 132,322.89 Total Prior Year Collections YTD $ 846,900.35 (Grand Total All Collections YTD $168,604,858.37 I *Detailed information for Refunds can be found in the Tax Office NEW H' OVER COU■TY / ospsIY•N / Aihr i d % '?-s. Aiii. I ! ieW 111; o Cle� gth��oapd / � � _ 2 Date 0', p ,i4 a .FYreausNEO' Exhibit Book X� Page 2.11b New Hanover County Debt Service Monthly Collection Report for May 2019 Current Year 2018-2019 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 19,068,035.56 $ 1,836,377.71 $ 1,344,535.85 $ 22,248,949.12 Abatements $ (5,425.54) $ (27,422.34) $ - $ (32,847.88) Adjustments $ 1,019.48 $ 2,312.04 $ - $ 3,331.52 Total Taxes Charged $ 19,063,629.50 $ 1,811,267.41 $ 1,344,535.85 $ 22,219,432.76 Collections to Date $ 18,968,909.00 $ 1,726,493.09 $ 1,344,535.85 $ 22,039,937.94 *Refunds $ 87.11 $ 328.92 $ 416.03 Write-off $ (44.02) $ (188.67) $ (232.69) Outstanding Balance $ 94,763.59 $ 84,914.57 $ - $ 179,262.13 Collection Percentage 99.50 95.31 100.00 99.19 YTD Interest Collected $ 26,102.25 $ 2,652.82 $ 8,344.17 (Total 2018-2019 Collections YTD $ 22,039,937.94 Prior Years 2008-2017 Real Estate Personal Property Motor Vehicles Combined Scroll $ 127,066.82 $ 146,688.45 $ - $ 273,755.27 Abatements $ (1,431.71) $ (8,819.47) $ (10,251.18) Adjustments $ 779.54 $ 779.54 Total Levy $ 125,635.11 $ 138,648.52 $ - $ 264,283.63 Collections to Date $ 62,383.88 $ 10,679.67 $ - $ 73,063.55 *Refunds $ 1,703.38 $ 556.22 $ - $ 2,259.60 Write-off $ (3.36) $ (4.30) $ - $ (7.66) Outstanding Balance $ 64,951.25 $ 128,520.77 $ - $ 193,472.02 YTD Interest Collected $ 6,470.20 $ 1,303.50 $ - $ 7,773.70 Total Prior Year Collections YTD $ 78,577.65 *Detailed information for Refunds can be found in the Tax Office NE �� W lCOUNTY /// .314 Cler f o the oa/.— •� q ,;� q�, g Date 3,� at ,11 f�� . . . <c •tsTABCI- t Exhibit ii I Book XL1 Page 32-7C 1 New Hanover County Fire District Monthly Collection Report for May 2019 Current Year 2018-2019 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 8,602,206.69 $ 954,235.17 $ 775,764.23 $ 10,332,206.09 Abatements $ (4,834.94) $ (141.60) $ (4,976.54) Adjustments $ 5,481.38 $ 1,185.60 $ 6,666.98 Total Taxes Charged $ 8,602,853.13 $ 955,279.17 $ 775,764.23 $ 10,333,896.53 Collections to Date $ 8,558,957.44 $ 911,297.37 $ 775,764.23 $ 10,246,019.04 *Refunds $ 104.36 $ 149.55 $ 253.91 Write-off $ (30.96) $ (134.76) $ (165.72) Outstanding Balance $ 43,969.09 $ 43,996.59 $ $ 87,965.68 Collection Percentage 99.49 95.39 100.00 99.15 YTD Interest Collected $ 12,485.34 $ 971.58 $ 4,710.19 $ 18,167.11 Total 2018-2019 Collections YTD $ 10,263,932.24 . Prior Years 2008-2017 Real Estate Personal Property Motor Vehicles Combined Scroll $ 94,703.45 $ 206,959.71 $ 34,838.04 $ 336,501.20 Abatements $ (642.60) $ (635.85) $ (1,278.45) Adjustments $ 920.49 $ 920.49 Total Levy $ 94,060.85 $ 207,244.35 $ 34,838.04 $ 336,143.24 Collections to Date $ 40,248.93 $ 10,084.71 $ 620.49 $ 50,954.13 *Refunds $ 574.80 $ 105.87 $ 680.67 Write-off $ (282.61) $ (4,995.41) $ (5,205.27) $ (10,483.29) Outstanding Balance $ 54,104.11 $ 192,270.10 $ 29,012.28 $ 275,386.49 YTD Interest Collected $ 6,531.86 $ 1,181.32 $ 412.44 $ 8,125.62 Total Prior Year Collections YTD $ 59,079.75 (Grand Total All Collections YTD $ 10,323,011.99 1 *Detaile. "formation for Refunds can be found in the Tax Office N i i, A ', ER COUN eTY'NO O an O 4 \ O / 1 -. A :t0 'e •fsr,,kus,,- Exhibit Book XL-1- Page 32 ' AGENDA: July 1,2019 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2020 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending June 30,2020. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety/crime prevention Fund: Division of Juvenile Justice Facility Capital Project Department: Division of Juvenile Justice Expenditure: Decrease Increase Total 20-001 Division of Juvenile Justice $ 15,394,912 $ 15,394,912 Total $ $ 15,394,912 $ 15,394,912 Revenue: Decrease Inc rease Total 20-001 Installment Loan Proceeds $ 15,394,912 $ 15,394,912 Total $ - $ 15,394,912 $ 15,394,912 Prior to Actions Total if Actions Today Taken Project Fund Budget I $ 1,500,000 I ( $ 16,894,912 Section 2: Explanation 20-001 -The adopted FY 19 Capital Improvement Plan included$1.5M for design of a Division of Juvenile Justice Facility. Design is complete and the guaranteed maximum price of construction has been established. Total cost of the project, including construction, inspections,permits and FFE(furniture, fixtures and equipment)is$16,894,912. This budget amendment will increase the capital project fund by $15,394,912. The funding source for the project is installment loan proceeds. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North Carolina,that the Ordinance for Budget Amendment 20-001 amending the annual budget ordinance for the fiscal year ending June 30,2020,is adopted. Adopted,this 1st day of July,2019. (SEAL) �4 J'. • an Barfieldpvgrn i alpw ;' ATT. T: �.� ': l>41/4 d K ��•erleigh G. Cr;y�-11 Clerk to the Board 'ts7Auusto Exhibit Book XL1— Page 32' AGENDA: July 1,2019 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2019 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending June 30,2020. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health,Safety and Education Strategic Objective(s): Provide health/wellness education,programs,and services Fund: Healing Place Capital Project Department: Finance Expenditure: Decrease Increase Total BA 20-002 Capital Project Expense $ 185,850 $ 185,850 "';°"lr " t Wit. - $ 185,850 'i.r;!,:,850 ,�.'+P#,L:A..'-b"`x :M � lB�s.a�'.-.�. -s.....7'k _w Revenue: Decrease Increase Total BA 20-002 Installment Loan Proceeds $ 185,850 $ 185,850 4{. Eyr,{ •yti8 s 4--., W4, . f R ,S �c � .ice � ����._r�, � � �.`� � � c F ,850 is 185,850 Prior to Actions Total if Actions Today Taken Healing Place Cap.Proj.Budget . . k 1;3 $ 485,850 850 Section 2: Explanation BA 20-002 budgets installment loan proceeds to provide additional design and preconstruction services for a 100 bed women's Healing Place facility. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North Carolina,that the Ordinance for Budget Amendment(s)20-002 amending the annual budget I ordinance for the fiscal year ending June 30,2020,is adopted. Adopted,this 1st day of July,2019. (SEAL) ,-�, �Q , o'P�ti /than Barfield,Jr. . J iOVD o ATTES : ■ -7..—. _ e•-• 1 . / a ,, ,4 i -It K iir leigh G.Crow.4,11 Clerk to the Board •fsTABLISHE°` Exhibit Book xL.� Page AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED October 6, 1969 respectively and subsequently amended CASE:TA19-01 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended be, and the same is hereby further amended to read as follows in the section(s) noted: The Zoning Ordinance shall be amended per the attached document. Section 2. Any Ordinance or any part of any ordinance in conflict with this ordinance,to the extent of such conflict, is hereby repealed. Section 3. This ordinance is adopted in the interest of the public health,safety,morals and general welfare of the inhabitants of the County of New Hanover, North Carolina and subject to the conditions also approved as part this action, shall be in full force and effect from and after its adoption. Section 4. The County Commissioners find, in accordance with the provisions of NCGS 153A-341 that this Zoning Ordinance amendment is: CONSISTENT with the purposes and intent of the 2016 Comprehensive Plan because it will provide for the zoning tools needed to incorporate the development patterns envisioned in the plan. The new residential districts will allow the full range of housing types and densities outlined on the Future Land Use Map and support an increase of the supply of workforce housing. The new commercial districts will provide zoning designations that are designed to be located where accessible to nearby residents,and the new and revised mixed use districts will provide options for planned developments that include the mixture of uses and development forms encouraged in the Community Mixed Use and Urban Mixed Use places. Reasonable and in the public interest because the proposed amendment will provide additional options for residential, commercial, and mixed use development for areas of the county designated as community mixed use, urban mixed use,and general residential places and is adapted from zoning districts already successfully used in the City of Wilmington. TA19-01 Order Page 1 Adopted this the 1st day ofN 019. TY. c o� E o,, New Hanover County o A�\ o / ti p a Jyt'han Barfie " ., ' .1 man •FS 44 LISHED Attest: 1,4hemif2ti ge‘hvist KyrrOrleffigh G. 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N —C O 7 a flag ifIii on -a a c _ 'i c X o •c > > c ;°•• _3 .. 3 a o to LL c tao to 01 a°, ego Lau° N E '—° a E o o t _ c — m f0 c c t V A y a c c a c E p E ti d y o O -E 0' > s..? E `0` c 10cy da Iiiic7 10' I-- �. C To a 0742 us .c c .- c c 'v c L c c. a O =E to = W > > d ' c 4s W Co 4". Qa as N a o to E c 0220 E. a2aaxQa2 (..) = 2aQviat.2siLa2 CJ ¢ N 0. z 0. 00Q 0% '3 ^ co) O �I 21 XI NI h a oc ¢ N U ¢ — ¢ ac Ooi — N N — UI Ni • N LA ml CO .i �^ lj YXI ggI 2 x eel gILLI —.1 N� ac cc cc cc '^ cc °, C NN O d 4— C >. 47 13 C C N N c E t Q DO X 2 y H 00 _ C 0 N O` 'o C7 H 0,3 _ a 2 Section 51.9: R-5 Moderate-High Residential District Intent: The intent of the R-5 Moderate-High Residential District is to provide moderate to high density residential development on smaller lots with a compact and walkable development pattern. R-5 zoning allows a range of housing types and can be developed in conjunction with a non-residential district to create a mixed-use development pattern as well as serve as a transition between mixed-use or commercial development and low to moderate density residential development,such as R-7 and R-10 zoning. Dimensional Requirements: Conventional Subdivision Lots Minimum Lot Size 5,000 sf detached single family 7,500 sf duplex 12,500 sf 3-unit attached single family 17,500 sf 4-unit attached single family Minimum Lot Width 50 ft. Front Setback(minimum) 20 ft. Rear Setback(minimum) 15 ft. Side, Interior Setback(minimum) 7 ft Side,Street Setback(minimum) 10.5 ft. Performance Subdivision Lots Maximum Density 8 units/acre Perimeter Setbacks 20 ft. Building Separation between detached single family 10 ft. Building Separation between detached single family and duplex 20 ft. Building Separation between 3+-unit attached and all other dwellings 20 ft. Structure Size(maximum) Height 35 ft. TA19-01 Text Amendment PB 4.4.2019 Page 16 of 39 Section 51.10: RMF-L Residential Multi-Family Low Density District Intent: The RMF-L District is established for moderate density single family and low density multi-family development of varying types and designs. It functions as an alternative housing type near or indirect relationship to single-family detached housing. Dimensional Requirements: • Conventional Subdivision Lots Minimum Lot Size 5,000 sf detached single family 7,500 sf duplex 12,500 sf 3-unit attached single fa ily 17,500 sf 4-unit attached single fa ily 20,000 sf multi-family(5+attache units) Minimum Lot Width 50 ft. detached single family duplexes,3-unit&4—unit attached 100 ft. multi-family Front Setback(minimum) 20 ft. detached single family duplexes,3-unit&4—unit atf tached 35 ft. multi-family Rear Setback(minimum) 15 ft. detached single family duplexes,3-unit&4—unit attached 25 ft. multi-family Side,Interior Setback(minimum) 5 ft. detached single family duplexes,3-unit&4—unit attached 20 ft. multi-family Side,Street Setback(minimum) 10 ft. detached single family duplexes,3-unit&4—unit attached 30 ft. multi-family Maximum Density 10 units/acre Performance Subdivision Lots(no minimum lot sizes,allows clustering) Maximum Density 10 units/acre Perimeter Setbacks 20 ft. Building Separation between detached single family 10 ft. Building Separation between detached single family and duplex 20 ft. Building Separation between 3+-unit attached and all other 20 ft. dwellings Structure Size(maximum) Height 3 stories,with a maximum of 45 ft.* * Heights over 35 ft.subject to additional setback of 4 additional feet. TA19-01 Text Amendment PB 4.4.2019 Page 17 of 39 Section 51.11: RMF-M Residential Multi-Family Moderate Density District Intent: The RMF-M District is established for moderate density single-family and multi-family development of varying types and designs. It functions as a transitional land use between intensive nonresidential uses or higher density residential areas and lower density residential areas. The district is designed to provide a reasonable range of choice,type, and location of housing units within the unincorporated county. Dimensional Requirements: Conventional Subdivision Lots(specifies minimum lot sizes) Minimum Lot Size 5,000 sf detached single family 7,500 sf duplex 12,500 sf 3-unit attached single family 17,500 sf 4-unit attached single family 20,000 sf multi-family(5+attached units) Minimum Lot Width 50 ft. detached single family duplexes,3-unit&4—unit attached 100 ft. multi-family Front Setback(minimum) 20 ft. detached single family duplexes,3-unit&4—unit attached 35 ft. multi-family Rear Setback(minimum) 15 ft. detached single family duplexes,3-unit&4—unit attached 25 ft. multi-family Side, Interior Setback(minimum) 5 ft. detached single family duplexes,3-unit&4—unit attached 20 ft. multi-family Side,Street Setback(minimum) 10 ft. detached single family duplexes,3-unit&4—unit attached 30 ft. multi-family Maximum Density 17 units/acre Performance Subdivision Lots(no minimum lot sizes,allows clustering Maximum Density 17 units/acre Perimeter Setbacks 20 ft. Building Separation between detached single family 10 ft. Building Separation between detached single family and duplex 20 ft. Building Separation between 3+-unit attached and all other 20 ft. dwellings Structure Size(maximum) Height 3 stories,with a maximum of 45 ft.* * Heights over 35 ft. subject to additional setback of 4 additional feet. TA19-01 Text Amendment PB 4.4.2019 Page 18 of 39 Section 51.12: RMF-MH Residential Multi-Family Medium-High Density District Intent: The RMF-MH District is established for medium-high density residential development of varying types and designs,with emphasis on midrise structures. It functions as a transitional land use between intensive nonresidential uses and lower density residential areas. The district is designed to be located near suburban shopping centers and employment centers. Dimensional Requirements: Conventional Subdivision Lots Minimum Lot Size 4,000 sf detached single family 7,500 sf duplex 12,500 sf 3-unit attached single family 17,500 sf 4-unit attached single family 20,000 sf multi-family(5+attached units) Minimum Lot Width 40 ft. detached single family duplexes,3-unit&4—unit attached 90 ft. multi-family Front Setback(minimum) 15 ft. detached single family duplexes,3-unit&4—unit attached 30 ft. multi-family Rear Setback(minimum) 15 ft. detached single family duplexes,3-unit&4—unit attached 25 ft. multi-family Side, Interior Setback(minimum) 5 ft. detached single family duplexes,3-unit&4—unit attached 20 ft. multi-family Side,Street Setback(minimum) 10 ft. detached single family duplexes,3-unit&4—unit attached 30 ft. multi-family Maximum Density 25 units/acre Performance Subdivision Lots Maximum Density 25 units/acre Perimeter Setbacks 20 ft. Building Separation between detached single family 10 ft. Building Separation between detached single family and duplex 20 ft. Building Separation between 3+-unit attached and all other 20 ft. dwellings Structure Size(maximum) Height 13 stories,with a maximum of 45 ft.* * Heights over 35 ft.subject to additional setback of 4 additional feet. TA19-01 Text Amendment PB 4.4.2019 Page 19 of 39 Section 51.13: RMF-H Residential Multi-Family High Density District The RMF-H district is established for high density residential development of varying types and designs, with emphasis on midrise and high-rise structures. This district is designed to be located in close proximity to major population centers,areas identified for targeted growth,employment centers,and destination nodes. Dimensional Requirements: Conventional Subdivision Lots Minimum Lot Size 3,000 sf detached single family 6,000 sf duplex 9,000 sf 3-unit attached single family 12,000 sf 4-unit attached single family 15,000 sf multi-family(5+attached units) Minimum Lot Width 40 ft. detached single family duplexes,3-unit&4—unit attached 80 ft. multi-family Front Setback(minimum) 15 ft. detached single family duplexes,3-unit&4—unit attached 30 ft. multi-family Rear Setback(minimum) 15 ft. detached single family duplexes,3-unit&4—unit attached 25 ft. multi-family Side, Interior Setback(minimum) 5 ft. detached single family duplexes,3-unit&4—unit attached 20 ft. multi-family Side,Street Setback(minimum) 10 ft. detached single family duplexes,3-unit&4—unit attached 30 ft. multi-family Maximum Density 36 units/acre Performance Subdivision Lots Maximum Density 36 units/acre Perimeter Setbacks 20 ft. Building Separation between detached single family 10 ft. Building Separation between detached single family and duplex 20 ft. Building Separation between 3+-unit attached and all other 20 ft. dwellings Structure Size(maximum) Height 3 stories,with a maximum of 45 ft.* * Heights over 35 ft.subject to additional setback of 4 additional feet. TA19-01 Text Amendment PB 4.4.2019 Page 20 of 39 Section 52.5: Community Business(CB) District Intent: The intent of the Community Business district is to provide for the development, growth, and continued operation of businesses that serve surrounding single and multi-family residential neighborhoods with goods and services needed for a variety of daily and long-term purposes. Community Business districts should be designed in a format and scale that is accessible to both vehicles and pedestrians. Community Business should be located within New Hanover County at intersections and along streets that will allow multiple neighborhoods access to the district's businesses. Community Business zoning can serve as a buffer between higher density/intensity development and moderate or low density multi-family and single family neighborhoods. Dimensional Requirements: Lot&Setback Requirements Minimum Lot Size %2 acre Minimum Lot Width 80 ft. Front Setback(minimum) 20 ft. Rear Setback(minimum) 10 ft.generally 25 ft.when abutting residential district Interior Side Setback(minimum) 0 ft.generally 20 ft.when abutting residential district Corner Side Setback(minimum) 20 ft. Structure Size(maximum) Height 3 stories,with a maximum of 45 ft.* Floor Area per Development Site 100,000 ft2 * Heights over 35 ft. subject to additional setbacks and buffervards of 4 ft. TA19-01 Text Amendment PB 4.4.2019 Page 21 of 39 Section 52.6: Commercial Services(CS) District Intent: The Commercial Services district is established to accommodate a mixture of light manufacturing, wholesale, storage, commercial service and repair,and distributive business type uses. It functions as a support district to nearby intensive industrial and commercial uses. The district is designed to be act as a transitional land use between intensive industrial and commercial development and less intensive commercial,office,and institutional uses. Dimensional Requirements: Lot Requirements Lot area, minimum 7,500 ft2 Lot width, minimum 65 ft. Setbacks(minimum)—see Additional Yard Standards for building over 35 ft. in height Front 35 ft. Side,street 25 ft.along highways& major thoroughfares 17.5 ft. along all other public highways or streets Side. interior 7 ft.generally 30 ft.when abutting residential district Rear 15 ft.generally 35 ft.when abutting residential district Structure Size(maximum) Height 40 ft.* Heights over 35 ft.subject to additional setbacks and bufferyards of 4 ft. District Specific Requirements: Lighting: All new construction where exterior site lighting is provided shall observe the following limitations as to height: A. Unrestricted lighting: 10 ft. B. Ninety-degree cutoff lighting: 15 ft. In no case shall lighting for new construction be located or installed so as to shine directly onto residential premises. TA19-01 Text Amendment PB 4.4.2019 Page 22 of 39 Section 54.2: Planned Development (PD) District •54.2-1: Intent- -- .. .. • • - - -- •• _ - - - - - -• . -. land uses for the benefit of all County residents. The PD District is intended to provide -xibility Use Plan, in situations where the owners of the property present a development plan hich is • . e . - . •. -- - ' - - - . _ . . _ ... . _ • -- . -• -- - -- '-g types and land uses, usable open space, nd the preservation of significant n . _ . - - . _ •• - The Planned Development district is established to encourage innovative land planning and site design concepts that support a high quality of life and achieve a high quality of development under an integrated development plan that would otherwise not be possible under general)district requirements. It is designed to: 1. Create new planned development districts for specialized purposes where tracts are suitable in location,area,and character for development on a unified basis; 2. Promote economical and efficient patterns of land use that are sensitive to natural features; 3. Reduce automotive traffic congestion by a reasonably close relationship between origins and destinations of persons living,working,or visiting in such development;and 4. Encourage unified developments consistent with the goals of the county's Comprehensive Plan and compatible with surrounding land uses. 54.2-2:District Regulations: (1) Minimum District Size: A contiguous gross land area of 10 acres or more under common ownership or joint petition. (2) Maximum Building Height:The maximum building height for residential,commerc al,and office and institutional structures shall be forty(40)feet;except that the maximu height for buildings located within the Urban Mixed Use,Community Mixed Use,or Empl yment Center place types as indicated on the County's Land Classification Map and frontin along a collector, minor arterial or principal arterial as indicated on the Wilmington Urb n Area MPO functional classification map shall be eighty(80)feet. (10/5/95) (8/1/11) (9/ /16) (3) Building Setback and Separation: Residential buildings located on the periphe of the PD District shall be setback a minimum of twenty(20)feet from the PD District boundary. Industrial uses must meet the setback requirements outlined for the I-1 district. • TA19-01 Text Amendment PB 4.4.2019 Page 23 of 39 district. j4) All buildings shall be setback at least ten (10) feet from all pedestrian and bicycle paths and fifty (50) feet along US and NC numbered highways and major thoroughfares. No building shall encroach upon the right-of-way of a proposed thoroughfare as designated by the Wilmington Area Thoroughfare Plan or its equivalent adopted transportation planning document. In no case shall any part of a detached single family dwelling unit or its accessory structure be located closer than ten (10) feet to any part of any other detached single family dwelling or its accessory structure;and in no case shall any part of a multiple dwelling unit or its accessory structure be located closer than twenty(20) feet to any part of another dwelling unit, accessory structure, or non-residential buildings. (2/87) (11/05) (8/1/11) (1) Fringe Use Area: To insure compatibility with adjoining land uses, a fringe use area, two•a. .. . •- - - - •• - - - • - - -- - --• - _ - • • '. - . - - - - .. _ .. .a • • . (A) Required setback-(Building Height)x(2.75)In no case shall the minimum setback (5) Land Use Mixture: No more than thirty (30) percent of the PD District shall be used for light industrial, commercial, and office and institutional purposes. (6) Maximum Density: (1/2/90) (A) Allowable density shall be determined by the Site Capacity Standards for High Density Development as authorized in Section 72-43 of this Ordinance, except that land intended for commercial, office and institutional, and industrial uses shall also be subtracted from the gross site area.The residential density factor of the PD district shall be 4.25 dwelling units per acre if the PD shall be located within the Urban Mixed Use, Community Mixed Use, General Residential, or Employment Center place types. (10/5/95) (9/6/16) (B) Residential units shall not be allowed at a density greater than 2.5 units per acre in the AE and VE special flood hazard areas and CAMA Estuarine Areas of Environmental Concern. (2/16/87) (9/6/16) (C) If the PD District shall be located within the Employment Center, Urban Mixed Use, or Community Mixed Use place types, the residential density factor of the PD District may be increased by using the following "Density Bonus Chart". An increase in density from 4.25 to 10.2 dwelling units per acre requires a total score TA19-01 Text Amendment PB 4.4.2019 Page 24 of 39 of 75 points or more.An increase in density from 10.2 to 17 units per acre requires a total score of 165 points or more. (2/16/87) (10/5/95) (8/1/11) (9/6/16) Density Bonus Chart Density Points Adjacent to a Minor or Principal Arterial Facility as indicated on the County's Thoroughfare Classification Plan and providing a public collector road plan and a public or private local street plan that include sidewalks and bicycle facilities to provide an efficient variety of choices for moving people around and through the proposed development 15 Within one mile by road of established businesses sufficient to support a total employment equal to 85%of the anticipated labor force(calculated at one worker per unit)of the PD district population. 15 If the PD is located in a manner that satisfied at least two of the following criteria: 1. Within one road mile of a neighborhood convenience store offering basic grocery items and other items. 2. Within two road miles of a community shopping center.A community shopping center is defined as a site with a common parking area, a grocery store, and at least two of the following types of retail establishments: drug store, hardware store,dry cleaners,variety retail, department store, discount store or restaurant. 3. Within three miles of regional shopping center consisting of over 100,000 sq.ft.of retail space for sales and storage. 15 At least 1/2 mile inland of coastal wetlands, estuarine waters,estuarine shorelines and public trust waters and preserves riparian buffers and incorporates LID techniques for stormwater controls. 25 All structures are located beyond the 100-year floodplain as designated on the County's Official Flood Insurance Maps. 20 Outside the County's most sensitive aquifer recharge area (Area No. 2) as shown on the Aquifer Sensitivity Map for New Hanover County. 15 Bus or shuttle transportation. 10 Solid waste transfer station. 30 Within one mile of a public park and recreation facility. 10 At least 5%of the total number of dwelling units in the PD District are designated and reserved on the Master Land Use Plan for either handicapped or households with income less than 60%of the median household income for New Hanover County. 20 Public access and public waterfront facilities provided,such as docks, piers, and boat ramps or shoreline parks and boardwalks 25 TA19-01 Text Amendment PB 4.4.2019 Page 25 of 39 All residential units will meet LEED, Healthy Build Home, ICC700 Green Building Standards,or Green Globes designation. 20 Alternative energy systems supply at least 20%of the total non-renewable energy consumption for space and hot water heating.Alternative energy systems,for purposes of this Ordinance,are defined as constructed passive or active systems. Passive systems shall be evaluated using the solar load ratio method and active systems using the F-chart system. Points will not be awarded for this incentive unless the conditions for the above incentive concerning thermal standards are also met. 20 Recreational facilities other than tot lots and mini-parks.These recreational facilities may include, but are not limited to,tennis courts,golf courses, ball fields, basketball courts, and community recreation buildings or community gardens. Points will be awarded at a rate of one point for each$5,000 of investment(not including land or design costs), up to a maximum of 20 points. Adequacy of design and improvements,and cost estimates will be evaluated by the County Parks Department. 20 (7) The following minimum improvements and public services shall be provided in accordance with all standards set by the County or appropriate local or State agency: (A) Water supply and sewer facilities; (8/3/87) provided by the Cape Fear Public Utility Authority or an equivalent agency. (B) Fire hydrant and water supply systems that meet the standards specified in the National Fire Protection Association Standard as amended. (C) Repealed (8/1/11) (D) Repealed (8/1/11) (E) A drainage plan pursuant to Section 52-5 of the Subdivision Ordinance. (5/5/97) and the New Hanover County Stormwater Ordinance (F) Repealed (8/1/11) (G) Street lights, at the rate of one fixture per 500 linear feet or less of roadway (H) Tot lots and/or mini-parks (adequacy of design and improvements to be evaluated by County Parks and Recreation Department), at the rate of one acre or more per 1,000 population and within 1 mile distance of residential areas to be served by them. Sidewalks or pedestrian trails shall establish a safe network for accessing these facilities. (8/1/11) (I) Audible fire alarm systems connected directly to a central Dispatch System for all structures except single family and duplex residential. (8/1/11) (1) Parkins: Off-street parking shall be provided in accordance with Article VIII of this Ordinance, except that design of parking lots or shared parking facilities may be approved with minor dimensional deviations,when the TRC concurs and provided the number of required spaces is not reduced. (8/1/11) TA19-01 Text Amendment PB 4.4.2019 Page 26 of 39 (K) Signs: Signs shall be in accordance with Article IX of this Ordinance. The developer shall be responsible for erecting and maintaining street name signs at all intersections within the PD District. Signs on public streets shall conform with existing Department of Transportation regulations. (L) Community Property Owner's Association: A Community Property Owner's Association shall be established in accordance with Sections 60.2 and 60.5 of the Zoning Ordinance. Rights-of-way platted for public use may not be altered to private rights-of-way by any action of a community property owner's association unless approved by the Technical Review Committee. (8/1/11) (M) Required Master Land Use Plan 1. A Master Land Use Plan and necessary documents shall be submitted along with the rezoning petition. The Master Land Use Plan shall consist of an overall land use plan showing existing and proposed development for the PD District as a whole. 2. The Master Plan shall be prepared by a multi-disciplinary team consisting of qualified practitioners in architecture, planning,and engineering. 3. Contents of the Master Land Use Plan shall include the following: a. Scale not less than one(1) inch to four hundred (400)feet. b. North Arrow c. Vicinity or Location Map d. Development name e. Owner's name and address f. Developer(if other than owner) g. Names of design team h. Date i. Boundary line of the proposed PD District j. Existing topographic information with two(2)foot contour intervals k. All water courses, 100-year floodplains, mean high water lines and unique natural features I. Tree inventory and location m. Recreation areas and facilities n. Street layout and traffic circulation pattern o. Pedestrian and bicycle circulation systems p. Residential areas with projected density and planned housing types, and acreage(Include a table) TA19-01 Text Amendment PB 4.4.2019 Page 27 of 39 q. Commercial, industrial, and office and institutional areas with proposed land uses,estimated square footage,and acreage. (Include a table) r. All adjoining land uses and zoning districts. c. Fringe use aresc t. School sites being reserved and recreational areas to be dedicated for public use, if applicable u. Total gross acres v. Total acres occupied by all street right-of-way and parking areas w. High Density calculations as required in Section 72-43 4. The Master Land Use Plan shall be accompanied by the following: a. The names and addresses of each property owner within the proposed PD district. b. A legal description of the proposed PD District c. Community property owners association proposed covenants. d. A drainage plan showing locations and acreage of drainage areas, sizes and specifications of drainage structures, and supporting calculations using Soil Conservation Service methods or other methods approved by the County Engineer for both pre- development and post-development conditions. e. A utility plan showing existing and proposed utility systems,including sanitary sewers, water, electric, gas, television and telephone lines, fire hydrants,street lighting and trash collection areas. f. A traffic impact analysis g. A development phasing schedule including the sequence and approximate dates of each phase; and, proposed phasing of construction of public improvements, recreation, and common open space areas. h. A statement of planning objectives including: 1. Identification of appropriate County Land Use Policies achieved by the proposed PD District; 2. An estimate of total residential population 3. Other necessary information and evidence to support the creation of a PD District in the County. (N) Thoroughfare Requirements - The development shall have direct access, as required in Section 61.3, to and from an existing major or minor arterial as TA19-01 Text Amendment PB 4.4.2019 Page 28 of 39 indicated in the Wilmington Area MPO Functional Classification Map.All interior drives shall be designed so as to provide adequate access for emergency service vehicles. (2/16/87)and future connectivity to adjoining undeveloped properties. (8/1/11) (0) Recognizing the County's need for adequate housing for the elderly population as stated in the Comprehensive Land Use Plan, the following district regulations shall apply in instances where at least twenty-five percent(25%)of the PD district number of units are included in a Continuing Care Retirement Facility as described and regulated under NCGS 58 Article 64: a. The maximum height for a continuing care retirement facility building shall be up to 55 feet. b. The thoroughfare requirements in Section 54.2-2(7) (N) and Section 61.3 may be satisfied if a traffic study supports a finding by the Board of County Commissioners that the roadway providing access for the proposed PD development to and from an existing major or minor arterial will operate at an acceptable level of service (LOS), and will not cause the LOS to drop below Level C. (1/07/08) at build-out. 8/1/11) (9/6/16) TA19-01 Text Amendment PB 4.4.2019 Page 29 of 39 Section 54.4: Urban Mixed Use Zoning(UMXZ) District Intent: The UMXZ district is established to meet the following five primary objectives in the areas of New Hanover County in proximity to the City of Wilmington and those intended for urban-or community-scale mixed use development: 1. To encourage the efficient mixed use development pattern envisioned in the comprehensive plan; 2. To result in quality design and a variety of built forms of lasting value that result in a pedestrian scale: 3. To provide a mix of housing options; 4. To promote and enhance transportation options, particularly those that are pedestrian-oriented, while reducing demand for automobile trips;and 5. To encourage a mix of uses to foster a sense of community. The district regulations include design elements intended to enhance the urban form, increase neighborhood safety, and add flexibility for small lots. Integrated mix of uses on development sites and within individual buildings is encouraged. UMXZ zoning is intended to promote mixed-use developments on sites large enough to create a mix of uses within the existing suburban environment. Typically,these developments will include creative development and redevelopment solutions. Dimensional Requirements: Minimum District Size 5 acres Setbacks Minimum from single-family residential zoning 35 ft.for buildings<_35 ft.in height districts 45 ft.for buildings>35 ft.in height 10 ft. Maximum from any street (front setbacks are not required along alleyways; TRC may waive strict adherence to requirement where an existing easement or significant natural feature exists) Along arterial streets 4 stories or 45 ft.by-right 75 ft.with Additional Height Allowance special use permit Along residential&collector streets 2 stories or 35 ft. Along arterial&collector streets 5 stories or 55 ft. if structured parking is provided within proiect Single Family Residential 15 Multi-Family Residential 25 Vertically integrated mixed-use building 36 TA19-01 Text Amendment PB 4.4.2019 Page 30 of 39 District Specific Requirements: (1) Review Process: Any UMXZ development shall be processed as a conditional district rezoning subject to a conceptual site plan review. In addition,a specific site plan shall be reviewed and approved by the technical review committee in accordance with all applicable standards. (A) The following shall be included in the conceptual site plan: i. Boundary survey and vicinity map showing total acreage,general location ib relation to major streets, railroads,and/or waterways,the date and a north arrow on top. ii. Conceptual plan showing the location of all major land uses and proposed maximum square footage for each use—may be a bubble format showing the general location and relative arrangement of different land uses. iii. Maximum building heights. iv. All external access points and conceptual internal traffic circulation plan. v. Proposed buffer and landscaping areas. (B) Minor modifications to approved conceptual site plans that have no material effect on the character of the approved development and comply with all applicable standards of this Ordinance may be approved by the Planning Director. Any other changes to approved conceptual site plans must be authorized by the Board of Commissioners. Changes in the following constitute minor modifications that may be approved by the Planning Director: i. Modifications in building placement, provided the placement does not decrease the setbacks agreed to during the conditional rezoning process by more than 10 percent; ii. Increases to building size and height not to exceed 10 percent; iii. Increase to the impervious surfaces not to exceed 10 percent; iv. Modifications to structure floor plans; v. Modifications to the driveway locations as required by the North Carolina Department of Transportation; and vi. Modifications to the proportion of use type not to exceed 10 percent. (2) Mix of Uses: All UMXZ projects shall include a mix of both residential and nonresidential uses. (3) Utility and Equipment Screening: (A) HVAC equipment,air conditioning window units, and other electrical equipment,and fire escapes shall not be located on facades with street frontage. All such equipMent shall be placed in the interior yards or inset into the roof pitch,or behind a parapet wall in the case of a flat roof,of the building and screened from the right-of-way. (B) Through-wall mechanical units are permitted on any facade if they are incorporated into the design of the building,flush with the facade on which they are located,concealed by a vent cover,and have an internal drip system for condensation. TA19-01 Text Amendment PB 4.4.2019 Page 31 of 39 (C) Utility meters,transformers,and fixed trash disposal receptacles that cannot be located out of sight shall be screened from the public right-of-way by plantings or opaque fencing. (D) The TRC may approve alterations to these standards in cases where they cannot be met due to design considerations of the structure and the intent of visual minimization of the feature is otherwise addressed. (4) Site Lighting: All site lighting shall be located,angled,shielded,and/or limited in intensity so as to cast no direct light upon adjacent properties,shall minimize off-site backlighting glare, and up-lighting. Light posts shall be no taller than 12 feet. (5) Parking and Driveway Requirements: (A) Parking shall be provided in accordance with the requirements of Article VIII of this ordinance,shared parking may be allowed upon submittal of a parking study showing how parking as provided will be sufficient for permitted uses. (B) Surface parking shall be located to the side or rear or buildings or in the interior of a block and shall be prohibited in front of buildings. Surface parking shall not be located along rights-of-way,except for alleys. The TRC may approve alterations to this standard in cases where locating parking to the side or rear is limited by existing site features, such as trees,or when this requirement is not consistent with the existing frontage pattern along the roadway. (C) Surface parking lots visible from the public right-of-way shall be screened by permanent walls,shrubbery,or hedges at least 3 feet in height. If hedges or shrubbery are used, they shall be at 3 feet in height at the time of planting and shall be maintained at 3-5 ft. in height at all times. (D) Parking shall be accessed via alleyways wherever possible. (E) The design of all above-grade parking structures shall relate to the context of the area. Exterior walls of parking structures shall be designed with materials,colors,and architectural articulation in a manner that provides a visual compatibility with adjacent buildings and environment. (F) Pervious pavement materials,vegetated bio-infiltration parking lot islands,or infiltration systems shall be used to minimize pollutant run-off from surface parking areas to the extent that soil permeability,depth to groundwater,or site constraints allow. (6) General Site Design: Each of the following components shall be included in UMXZ developments. (A) Multi-modal Transportation Opportunities: Public transit,walking,bicycling,and/or water-oriented transit and the facilities necessary for such uses. i. Pedestrian circulation shall be clearly defined with paving, materials,and/or landscaping and shall connect all uses. Sidewalks and crosswalks shall be provided within new developments as necessary. ii. Bicycle and/or pedestrian connectivity to adjacent developments or existing or funded bicycle and pedestrian facilities. iii. Where no sidewalks currently exist,sidewalks shall be installed within the right-of- way between the property line and the back of the curb. Sidewalk width shall be TA19-01 Text Amendment PB 4.4.2019 Page 32 of 39 a minimum of 12 feet along arterial streets and 8 feet along residential/collector streets and may be reduced on internal private streets with TRC approval when context design constraints dictate or when project intensity and/or density indicate that 8 feet sidewalks will be sufficient to accommodate pedestrian traffic. iv. Sidewalks may be limited to a single side of rights-of-way or private streets or sidewalk width may be reduced when right-of-way or private street abut streams, ponds,or wetlands or when contextual design constraints dictate,as determined by the TRC. v. An internal grid street pattern is required. Block faces within the grid pattern shall not exceed 400 ft. in length. The grid pattern may be supplemented with alleys. The TRC may waive strict adherence to the grid pattern when sites are constrained by topography, including wetlands, ponds,or other natural features, and where connections to arterial streets and connections and relationships to adjacent sites require flexibility. (B) Street Trees: Street tree plantings in below-grade planters or planting strips shall be included at the rate of 1 tree per 30 feet of frontage in all private rights-of-way and in public rights-of-way upon approval by NCDOT. The TRC may waive strict adherence to this requirement if an alley is utilized along all or portions of the street frontage. (C) Buffers and Streetvards: All development within the UMXZ district may be exempted from required buffers and streetvard requirements,as approved by the technical review committee when contextual design constraints dictate or when other design and/or landscaping features of the development serve to meet the needs of buffering and/or streetvard requirements. A minimum buffer of at least 20 feet in width is required adjacent to single-family residential zoning districts. (D) Trash Containment Screening: All developments with the UMXZ are subiect to the following screening requirements. i. Trash containment areas shall be located within a building where possible. ii. If trash containment, including areas for holding recycling,cannot be accommodated within a building, it shall be placed on the rear or side of thg building and shall be completely enclosed and screened from view of publiO rights- of-way with an opaque fence or wall and/or plant materials,as approved by the technical review committee. The enclosure shall be at least 1 foot taller than the highest point of the trash receptacle. Chain link and exposed concrete blocks are prohibited. (E) Fences and Walls: Open wire fencing, including chain link, hurricane fencing,and barbed wire, is prohibited. Within front yards,fence heights may not exceed 4 feet. (7) Building Design: All new construction in the UMXZ district shall comply with the following design standards,where applicable. (A) Building Entrances: Primary entrances should be clearly distinctive from other entrances. Primary building entrances shall be oriented toward sidewalks along primary street frontages. (B) Massing and Scale: Large expanses of flat, unadorned walls are prohibited. Facades shall incorporate architectural details, particularly at the pedestrian level. Building TA19-01 Text Amendment PB 4.4.2019 Page 33 of 39 facades along rights-of-way shall incorporate periodic transitions across the facade. Building facades exceeding 30 ft. in width along rights-of-way shall be divided into distinct areas utilizing methods including, but not limited to,facade offsets, pilasters, change in materials,or fenestration (window arrangement). Transitions shall be no further apart than 2/3 of the height of the facade. (C) Street-Level Facades: New buildings shall front onto sidewalks to reinforce pedestrian activity along streets and pedestrian ways. Exterior burglar bars,fixed"riot shutters,"or similar security devices shall not be visible from the public right-of-way. (D) Exterior Building Materials: Exterior building materials for all new nonresidential or multifamily structures shall be of quality finish materials. Structural metal panels or unparged or non-architectural, non-decorative concrete block shall be prohibited on facades visible from the public right-of-way. TA19-01 Text Amendment PB 4.4.2019 Page 34 of 39 Section 60: Development Plans Section 60.6: Lighting All site lighting for non-residential or multi-family uses shall be located and directed so as not to shine or reflect directly onto any adjacent residential zoning districts and/or uses. Section 63: Additional Restrictions Imposed on Uses Permitted by Right Section 63.2: Accessory Building/Use 63.2-3: Detached accessory dwelling units shall be allowed in districts where permitted by right,subject to the following requirements: (1) Only one accessory apartment shall be permitted by right. (2) Area sufficient for two off-street parking spaces shall be required. (3) Proof of adequate water and sewer capacity from the appropriate provider(CFPUA,etc.) shall be provided if accessory units are not included in subdivision approvals. (4) In the RMF districts,accessory apartments shall only be allowed when constructed in correction with any single family detached development allowed within the district. (5) For detached accessory units, a. In conventional subdivisions,the subject lot must exceed the minimum lot area of the applicable zoning district by at least 50%or 5,000 square feet,whichever is less; b. In performance subdivisions,accessory units shall be considered a dwelling unit for density requirements, and new accessory units may not increase density beyond the maximum allowed in the applicable zoning district. c. The entire accessory unit shall not exceed 50%of the gross total enclosed heated square footage of the existing single-family dwelling or 1,200 feet,whichever is less. d. The side setbacks for the detached unit shall be no less than required for the principal structure and a minimum of 5 ft. e. Rear setbacks for the detached unit shall be a minimum of 5 ft. f. The detached unit shall be located completely behind the plane of the rear facade of the principal structure unless constructed over a detached garage. Section 63.4: Residential Uses Section 63.4-4: Single Family Dwelling-Attached In the R-5 District,attached single family dwellings shall be limited to 3-unit and 4-unit structures, excepting row or townhouses. Section 63.5-1: Telecommunication Facilities,Cellular and Related Towers Section 63:10: Electronic Gaming Operation(Sweepstakes) Electronic Gaming Operations shall be permitted by right as an accessory use to other commercial operations permitted by right in the B-1, B-2, I-1 or 1-2 Zoning Districts when the following standards are applied: 1. The operation is located within the same structure or unit as the principal use. TA19-01 Text Amendment PB 4.4.2019 Page 35 of 39 2. The maximum number of machines/terminals/computers per business unit is two(2)devices. 3. For situations in which there are multi-unit or multi-tenant commercial buildings and more than one unit wishes to include gaming operations, a special use permit meeting the standards of Section 72-40 is required. In no case can the cumulative total number of machines for a business center, multi-unit or multi-tenant building exceed ten (10). 4. Off-Street Parking shall include one additional space per machine over and above the normal parking standards for the uses,and all parking must comply with all other provisions of Section VIII of the Zoning Ordinance. 5. All legally operating gaming operations made non-conforming by adoption of this section shall be removed or brought into compliance with these provisions within 60 months of the date of adoption of this section. (5/3/10) In the CB and CS districts, Electronic Gaming Operations are allowed as a primary use and are subject to the standards listed for accessory operations above. In addition,the standards outlined in Section 72-40 for operations allowed with a special use permit shall also apply to primary operations permitted by- right. Section 63.13: Retail Uses in the Community Business (CB) District The maximum footprint of retail structures in the Community Business(CB) District shall be 60,000 square feet. Section 63.14: Restrictions on Outside Storage, Displays,and Activities A. In the CB district,the following restrictions apply: a. No more than ten (10)automotive vehicles may be displayed on an automobile renting and leasing lot. b. Outside storage areas are not allowed. c. All work associated with contractor operations shall be conducted entirely within enclosed structures. B. In the CS district,outside storage areas must be screened in accordance with Section 62.1-4(3) of this ordinance. C. In the R-5 and RMF districts, utilities must be screened in accordance with Section 62.1-4(3)of this ordinance,except that screening may be reduced if it complete screens the utility from view of the public right-of-way or adjacent property. Section 63.15: Automobile Service Station A. In the CB district,the following additional restrictions apply: a. Automobile towing operations are not allowed. b. All repair work or lubrication shall be conducted within the principal building. All permanent storage of materials, merchandise,or repair and servicing equipment shall be contained within the principal building. c. No operator shall permit the storage of motor vehicles for a period in excess of 24 hours unless the vehicles are enclosed in the principal building. TA19-01 Text Amendment PB 4.4.2019 Page 36 of 39 d. Service or customer vehicles shall be parked on the premises in a manner than will not create traffic hazards or interfere with the vehicular maneuvering area necessary to enter or exit the site. e. The premises shall not be used for the sale of vehicles. f. No outdoor work shall be performed except in areas designated for such activity on an approved site plan. g. Outdoor work areas shall be fenced,walled,or screened to minimize on-site and off-site noise,glare,odor, or other impacts. h. Additional buffering and screening may be required where such use is located in close proximity to residential or retail commercial uses. Section 63.16: Churches A. In the R-5 and RMF districts,the following additional restrictions apply: a. Religious institutions up to 1,000 of fewer seats are allowed as long as i. Structures are limited to a sanctuary or similar main gatherin facility that may also include individual rooms for administration,dining halls, and classrooms. Accessory structures for maintenance and storage purposes are permitted. ii. Signs shall not be internally illuminated. b. The following uses are prohibited without a special use permit: i. Outdoor recreational facilities,except those associated with child care provided as part of the principal use. Such facilities shall be restricted to"tot lots"or similar play areas. ii. Schools associated with the institution. iii. Indoor recreation facilities such as basketball courts or similar facilities. iv. Religious institutions with more than 1,000 seats, provided that such facilities shall only be allowed if direct access from a collector street or minor or major thoroughfare is provided. c. Primary vehicular access to the use shall not be provided by way of a local residential street. d. When a religious institution and any associated buildings,outdoor recreational facilities or off-street parking areas abut a single-family residential district or use, a buffer shall be provided along the side and rear yards. B. In the CB and CS districts,the following additional restrictions apply: a. Religious institutions are permitted with no seat limitations if located on a local street or minor or major thoroughfare. b. Primary vehicular access to the use shall not be provided by way of a local residential street. c. When a religious institution and any associated buildings, outdoor recreational facilities or off-street parking areas abut a single-family residential district or use, a buffer shall be provided along the side and rear yards. TA19-01 Text Amendment PB 4.4.2019 Page 37 of 39 Section 63.17: Commercial Parking Lots A. If outdoor,a 3-foot high buffer with a minimum depth of 10 feet shall be provided in the front yard to screen parking areas from the road. B. Access shall be prohibited through residential areas. C. Six percent of the gross parcel area shall be landscaped to the following standards: a. Landscaped areas shall be evenly located around the perimeter of the parcel. b. One tree and six shrubs shall be planted for every 15 parking spaces. c. 50%of trees shall be of a shade/canopy variety. Section 63.18: Dwelling Unit Contained within Principal Unit When permitted by-right in a zoning district,the following additional restrictions apply: A. The residential unit may be occupied solely by the person engaged in the principal use or a full- time employee,and their family members residing with them; B. The site shall provide an area of open space unobstructed by any buildings, parking or structures equal to the floor area of the residential unit;said open space shall be in addition to any required yards or buffers and be located on the same lot as the principal use; C. The amount of floor area for the residential unit shall be no more than 50%of the total floor area of the principal use; D. The residential unit shall be located totally above the ground floor or totally to the rear of the principal use so as not to interrupt the commercial frontage;and E. In addition to the require off-street parking for the principal use, 2 off-street parking spaces shall be provided for the residential unit. Section 63.19: Kennels Kennels permitted by-right in the CB and CS districts may only be allowed for commercial boarders and breeders, including"doggy daycare"uses and shall comply with the following requirements: A. All pens shall be enclosed B. The kennel facility shall be no closer than 100 ft.to any residentially zoned or used lot. C. Limited outdoor exercise runs or facilities shall be permitted so long as their hours of use are restricted to the hours between 8 am and 5 pm. D. The facility must be air conditioned. E. Exercise runs of facilities shall be a minimum of 4 ft. by 10 ft. F. The facility shall maintain a minimum total of 25 square feet of kennel area per animal. This area may be comprised of cage area, runs,or exercise facilities. G. Any outdoor area used for animal containment or exercise shall be maintained by removing animal waste on a regular basis for proper disposal as outdoor solid waste and shall be separated by a vegetative buffer of not less than 50 ft.from any stream,delineated wetland,or other surface water features including wet detention ponds. In lieu of meeting these setback requirements,this provision can be met by implementing an approved stormwater control plan designed to maximize fecal die-off. TA1 9-01 Text Amendment PB 4.4.2019 Page 38 of 39 H. Any runoff,wash down water, or waste from any animal pen, kennel,containment,or exercise area shall be collected and disposed of in the sanitary sewer after straining of solids and hair and shall not be allowed to enter the stormwater drainage or surface waters. Strained solids and hair shall be properly disposed of as solid waste. Section 63.20: Warehousing&Wholesaling In the CS district,warehousing, wholesaling, and/or other storage of live animals,explosives, and flammable gases or liquids is prohibited. Section 63.21: Artisan Manufacturing Artisan food and beverage producers, including breweries, in the CB district,shall meet the following requirements: A. One or more accessory uses,such as tasting room,tap room, restaurant, retail,demonstration area, education and training facility or other incidental use open and accessible to the public shall be included. B. Required parking shall be calculated based on the square footage proposed for each use. C. Storage of materials, including silos, products for distribution,and other items requiring long- term storage shall be allowed in areas behind a building,within service alleys, in enclosed building, or otherwise screened from the public right-of-way, pedestrian way,and adjacent residential properties. D. Off-site distribution via tractor trailer is only permitted if the truck traffic is limited to streets classified as arterials on the Wilmington Metropolitan Planning Organization Functional Classification Map. TA19-01 Text Amendment PB 4.4.2019 Page 39 of 39