ZBA-943 Staff SummaryZBA-943
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SPECIAL EXCEPTION REQUEST
ZONING BOARD OF ADJUSTMENT
October 22, 2019
CASE: ZBA-943
PETITIONER: Gregory Alan Heafner, PA, applicant, on behalf of Zachary and Ashley Paulovits, property owners.
REQUEST: Special exception for reasonable accommodation under the Federal Fair Housing Act per Section
63.11 of the Zoning Ordinance to allow up to 8 disabled persons residing together in a group
home.
LOCATION: 5014 Richardson Drive
PID: R04317-004-002-000
ZONING: R-15, Residential District
PETITIONER’S REQUEST:
The applicant is requesting a special exception for reasonable accommodation under the Federal Fair Housing Act
to deviate from the maximum number of 6 residents that may be allowed in a group home to allow up to 8
residents at 5014 Richardson Drive.
BACKGROUND AND ORDINANCE CONSIDERATIONS:
The applicant intends to permit a group home run by the Oxford House at the subject property. The New Hanover
County Zoning Ordinance allows up to six disabled persons to reside in a group home by-right in the R-15 zoning
district per Section 63.11 (1). Additional standards for group homes are also part of Section 63.11, as well as a
process described under subsection (6) by which a group home provider may petition for a special exception for
reasonable accommodation under the Federal Fair Housing Act to vary any of the provisions outlined in Section
63.11, including the number of residents, parking allowance, or distance requirement:
Disabled Persons – Individuals with disabilities, including individuals recovering from alcoholism and/or
drug addiction, who are protected by either the provisions of the Americans with Disabilities Act of 1990,
42 USC 12101, the Fair Housing Act, 42 USC 3601 et. seq., or NCGS Chapter 168, Article 3, as each may be
amended.
Group Home – A home in which more than three (3) unrelated Disabled Persons live together as a self-
supporting and self-sufficient household unit.
Permitted Uses
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Group Homes P P P P P P P P
ZBA-943
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Section 63.11: Group Homes
Group homes shall be permitted in accordance with the table of permitted uses in Section 50 and the
following standards:
1. Group homes shall be limited to six (6) Disabled Persons living together as a self-supporting and self-
sufficient household unit.
2. No group homes shall be occupied or operated without zoning approval.
a. Group homes that are exempt from licensure pursuant to NCGS § 122C-22 must recertify their
exemption status annually; and
b. Group homes for special needs persons must recertify qualification of all residents as special
needs persons annually.
3. Parking shall be provided in accordance with Article VIII: Off-Street Parking and Loading.
4. Group homes shall not be located closer than 2000 feet to any other existing group home, measured
by a straight line from the nearest property lines, irrespective of municipal boundaries.
5. With respect to the distance between the proposed use and the existing, permitted uses described in
subsection 4 above, the distance shall be reduced by the right-of-way of a major thoroughfare
exceeding one hundred (100) feet, major topographical features such as a major watercourse, or by
major nonresidential or public uses such as a park, school, or religious institution.
6. Special Exceptions
a. Applicability. The Board of Adjustment is authorized to grant special exceptions for the special
circumstances set forth in this section to allow for a reasonable accommodation under the
Federal Fair Housing Act.
b. Application. An application for a special exception under this section shall be submitted to the
Board of Adjustment by filing a copy of the application with the Planning Director or their
designee. No filing fee shall be required for such application.
c. Approval process. The procedures set forth in Section 121-3 for variances and appeals shall
apply to Staff Review and Report, Public Hearing Notice and Action of the Board of
Adjustment.
d. Approval criteria. The Board of Adjustment shall grant a special exception to any provision of
this ordinance as a reasonable accommodation under the Federal Fair Housing Act if the Board
finds by the greater weight of the evidence that the proposed special exception is:
i. "Reasonable." An accommodation will be determined to be reasonable if it would not
undermine the legitimate purposes and effects of existing zoning regulations, and if it
will not impose significant financial and administrative burdens upon the County
and/or constitute a substantial or fundamental alteration of the County's ordinance
provisions; and
ii. "Necessary." An accommodation will be determined to be necessary if it would provide
direct or meaningful therapeutic amelioration of the effects of the particular disability
or handicap), and would afford handicapped or disabled person’s equal opportunity
to enjoy and use housing in residential districts in the County.
The Zoning Board of Adjustment is authorized to grant special exception requests after a public hearing and finding
that the request is “reasonable” and “necessary” as described further later in this document under Board of
Adjustment Power and Duty.
The specific request is to allow up to 8 disabled persons instead of up to 6 disabled persons to reside in a proposed
group home at 5014 Richardson Drive. According to New Hanover County tax records, the home lies on a 0.38-
acre parcel and contains 1,879 square feet of living area. A copy of the property record card is included as an
addendum to this staff report.
ZBA-943
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Included with the petitioner’s application is a statement of justification for the special exception request, as well
as the Oxford House Manual.
BOARD OF ADJUSTMENT POWER AND DUTY:
The Board of Adjustment is authorized to grant special exceptions for the special circumstances as set forth in
Section 63.11 of the New Hanover County Zoning ordinance to allow for reasonable accommodation under the
Federal Fair Housing Act. The Board of Adjustment shall grant a special exception as a reasonable accommodation
under the Federal Fair Housing Act if the Board finds by the greater weight of the evidence that the proposed
special exception is:
1. "Reasonable." An accommodation will be determined to be reasonable if it would not undermine the
legitimate purposes and effects of existing zoning regulations, and if it will not impose significant financial
and administrative burdens upon the County and/or constitute a substantial or fundamental alteration of
the County's ordinance provisions; and
2. "Necessary." An accommodation will be determined to be necessary if it would provide direct or
meaningful therapeutic amelioration of the effects of the particular disability or handicap), and would
afford handicapped or disabled person’s equal opportunity to enjoy and use housing in residential districts
in the County.
ACTION NEEDED (Choose one):
1. Motion to approve the special exception request based on the findings of fact (with or without
recommended conditions)
2. Motion to table the item in order to receive additional information or documentation (Specify).
3. Motion to deny the special exception request based on specific negative findings in either of the
two categories above.