Unified Development Ordinance_Adopted_02-03-2020
Unified Development Ordinance
New Hanover County, North Carolina
Adopted February 3, 2020
ARTICLE 1: GENERAL PROVISIONS .................................................... 1-1
Section 1.1. Title ................................................................................................................................. 1-1
Section 1.2. Authority ......................................................................................................................... 1-1
1.2.1. General Authority ................................................................................................................ 1-1
1.2.2. References to North Carolina General Statutes. ................................................................ 1-1
Section 1.3. General Purpose and Intent ........................................................................................... 1-1
Section 1.4. Applicability and Jurisdiction .......................................................................................... 1-2
1.4.1. General Applicability ........................................................................................................... 1-2
1.4.2. Exemptions ......................................................................................................................... 1-2
1.4.3. No Development Until Compliance With This Ordinance ................................................... 1-2
Section 1.5. Relationship with the Comprehensive Plan ................................................................... 1-2
Section 1.6. Relationship with other Laws ......................................................................................... 1-2
1.6.1. Conflicts with other County Codes or Laws ........................................................................ 1-2
1.6.2. Conflicts with State or Federal Law .................................................................................... 1-2
1.6.3. Relationship to Private Agreements/Conflicts with Private Agreements ............................ 1-3
1.6.4. Existing Agreements or Vested Rights ............................................................................... 1-3
Section 1.7. Transitional Provisions ................................................................................................... 1-3
1.7.1. Effective Date ..................................................................................................................... 1-3
1.7.2. Construction in Progress .................................................................................................... 1-3
1.7.3. Approvals Granted Before Effective Date .......................................................................... 1-3
1.7.4. Applications in Progress Before Effective Date .................................................................. 1-4
1.7.5. Violations Continue ............................................................................................................. 1-4
1.7.6. Nonconformities .................................................................................................................. 1-4
Section 1.8. Severability ..................................................................................................................... 1-4
Section 1.9. Technical Corrections .................................................................................................... 1-5
ARTICLE 2: MEASUREMENTS AND DEFINITIONS .............................. 2-1
Section 2.1. Measurements ................................................................................................................ 2-1
Section 2.2. Rules of Construction ..................................................................................................... 2-2
2.2.1. Meanings and Intent ........................................................................................................... 2-2
2.2.2. Headings, Illustrations, and Text ........................................................................................ 2-3
2.2.3. Lists and Examples............................................................................................................. 2-3
2.2.4. Computation of Time .......................................................................................................... 2-3
2.2.5. References to Other Regulations/Publications ................................................................... 2-3
2.2.6. Delegation of Authority ....................................................................................................... 2-3
2.2.7. Public Officials and Agencies ............................................................................................. 2-4
2.2.8. Mandatory and Discretionary Terms .................................................................................. 2-4
2.2.9. Conjunctions ....................................................................................................................... 2-4
2.2.10. Tenses and Plurals ............................................................................................................. 2-4
2.2.11. Term not Defined ................................................................................................................ 2-4
2.2.12. Use and Occupation ........................................................................................................... 2-4
Section 2.3. Definitions and Terms .................................................................................................... 2-5
ARTICLE 3: ZONING DISTRICTS........................................................... 3-1
Section 3.1. General ........................................................................................................................... 3-1
3.1.1. Zoning Map and Interpretation ........................................................................................... 3-1
3.1.2. Establishment of Zoning Districts ....................................................................................... 3-2
3.1.3. Superseding Dimensional Standards ................................................................................. 3-3
Section 3.2. Residential Zoning Districts .......................................................................................... 3-13
3.2.1. Intent ................................................................................................................................. 3-13
3.2.2. Established Residential Zoning Districts .......................................................................... 3-13
3.2.3. Residential District Specific Standards ............................................................................. 3-14
3.2.4. Rural Agricultural (RA) District .......................................................................................... 3-14
3.2.5. Airport Residential (AR) District ........................................................................................ 3-16
3.2.6. Residential 20S (R-20S) ................................................................................................... 3-20
3.2.7. Residential 20 (R-20) District ............................................................................................ 3-22
3.2.8. Residential 15 (R-15) District ............................................................................................ 3-24
3.2.9. Residential 10 (R-10) District ............................................................................................ 3-26
3.2.10. Residential 7 (R-7) District ................................................................................................ 3-28
3.2.11. Residential Moderate-High Density (R-5) District ............................................................. 3-32
3.2.12. Residential Multi-Family Low Density (RMF-L) District .................................................... 3-34
3.2.13. Residential Multi-Family Moderate Density (RMF-M) District........................................... 3-36
3.2.14. Residential Multi-Family Medium-High Density (RMF-MH) District .................................. 3-38
3.2.15. Residential Multi-Family High Density (RMF-H) District ................................................... 3-40
Section 3.3. Mixed Use Zoning Districts .......................................................................................... 3-43
3.3.1. Intent ................................................................................................................................. 3-43
3.3.2. Established Mixed Use Zoning Districts ........................................................................... 3-43
3.3.3. General Requirements for Mixed Use Zoning Districts .................................................... 3-43
3.3.4. Urban Mixed Use Zoning (UMXZ) .................................................................................... 3-46
3.3.5. Riverfront Mixed Use (RFMU) Planned Development District .......................................... 3-52
3.3.6. Exceptional Design (EDZD) Planned Development District ............................................. 3-65
3.3.7. Planned Development (PD) District .................................................................................. 3-74
Section 3.4. Commercial and Industrial Districts .............................................................................. 3-79
3.4.1. Intent ................................................................................................................................. 3-79
3.4.2. Established Commercial and Industrial Zoning Districts .................................................. 3-79
3.4.3. Neighborhood Business (B-1) District .............................................................................. 3-80
3.4.4. Community Business (CB) District ................................................................................... 3-82
3.4.5. Regional Business (B-2) District ....................................................................................... 3-84
3.4.6. Office and Institutional (O&I) District ................................................................................ 3-86
3.4.7. Shopping Center (SC) District .......................................................................................... 3-90
3.4.8. Commercial Services (CS) District ................................................................................... 3-92
3.4.9. Airport Commerce (AC) District ........................................................................................ 3-94
3.4.10. Light Industrial (I-1) District ............................................................................................... 3-98
3.4.11. Heavy Industrial (I-2) District .......................................................................................... 3-100
Section 3.5. Overlay and Special Purpose Districts ....................................................................... 3-103
3.5.1. Intent ............................................................................................................................... 3-103
3.5.2. Established Overlay and Special Purpose Zoning Districts ........................................... 3-103
3.5.3. Special Highway Overlay (SHOD) District ...................................................................... 3-104
3.5.4. Water Supply Watershed Overlay (WSW) District ......................................................... 3-106
3.5.5. Conditional Zoning (CZ) District ..................................................................................... 3-108
3.5.6. Conditional Use Zoning (CUD) Districts ......................................................................... 3-110
ARTICLE 4: USES AND USE-SPECIFIC STANDARDS ......................... 4-1
Section 4.1. Categorization of Principal Uses .................................................................................... 4-1
4.1.1. Organization ....................................................................................................................... 4-1
4.1.2. Application and Interpretation ............................................................................................. 4-1
4.1.3. Classification of New or Unlisted Uses ............................................................................... 4-2
4.1.4. Use Classifications ............................................................................................................. 4-2
Section 4.2. Allocation of Principal Uses ............................................................................................ 4-3
4.2.1. Principal Use Permissions .................................................................................................. 4-3
Section 4.3. Standards for Specified Principal Uses ........................................................................ 4-21
4.3.1. Agricultural Uses ............................................................................................................... 4-21
4.3.2. Residential Uses ............................................................................................................... 4-21
4.3.3. Civic & Institutional Uses .................................................................................................. 4-31
4.3.4. Commercial Uses ............................................................................................................. 4-40
4.3.5. Industrial Uses .................................................................................................................. 4-48
Section 4.4. Accessory Use and Structure Standards ..................................................................... 4-56
4.4.1. Purpose ............................................................................................................................ 4-56
4.4.2. Approval of Accessory Uses and Structures .................................................................... 4-56
4.4.3. Permissions for Specified Accessory Uses and Structures.............................................. 4-56
4.4.4. Standards for Specified Accessory Uses and Structures ................................................. 4-57
Section 4.5. Temporary Use Standards ........................................................................................... 4-60
4.5.1. Purpose ............................................................................................................................ 4-60
4.5.2. General Standards for Temporary Uses........................................................................... 4-60
4.5.3. Permissions for Specified Temporary Uses ..................................................................... 4-61
4.5.4. Standards for Specified Temporary Uses ........................................................................ 4-62
ARTICLE 5: GENERAL DEVELOPMENT STANDARDS ........................ 5-1
Section 5.1. Parking and Loading ...................................................................................................... 5-1
5.1.1. Purpose And Intent ............................................................................................................. 5-1
5.1.2. Applicability ......................................................................................................................... 5-1
5.1.3. Time of Review ................................................................................................................... 5-1
5.1.4. Off-Street Parking Standards ............................................................................................. 5-1
5.1.5. Design Standards ............................................................................................................... 5-3
5.1.6. Alternative Parking Plans ................................................................................................... 5-4
5.1.7. Loading Areas ..................................................................................................................... 5-4
Section 5.2. Traffic, Access, and Connectivity ................................................................................... 5-5
5.2.1. Visibility at Intersections in Residential Districts ................................................................. 5-5
5.2.2. Development Adjacent to Road, Right-of-Way, or Easement ............................................ 5-5
5.2.3. NCDOT Driveway Permit Required .................................................................................... 5-5
5.2.4. Traffic Impact Worksheet .................................................................................................... 5-5
Section 5.3. Tree Retention ................................................................................................................ 5-6
5.3.1. Purpose and Intent ............................................................................................................. 5-6
5.3.2. Applicability ......................................................................................................................... 5-6
5.3.3. Forestry And Property Clearing .......................................................................................... 5-7
5.3.4. Tree Retention .................................................................................................................... 5-7
5.3.5. Tree Removal Permits ........................................................................................................ 5-8
5.3.6. Mitigation ............................................................................................................................ 5-8
5.3.7. Tree Protection During Development ................................................................................. 5-8
5.3.8. Removal of Hazardous Trees ............................................................................................. 5-9
Section 5.4. Landscaping and Buffering ............................................................................................ 5-9
5.4.1. Purpose .............................................................................................................................. 5-9
5.4.2. Applicability ....................................................................................................................... 5-10
5.4.3. General Standards............................................................................................................ 5-11
5.4.4. Transitional Buffers ........................................................................................................... 5-11
5.4.5. Screening .......................................................................................................................... 5-13
5.4.6. Parking Lots ...................................................................................................................... 5-13
5.4.7. Street Yards ...................................................................................................................... 5-15
5.4.8. Foundation Plantings ........................................................................................................ 5-17
5.4.9. Required Landscaping Plan ............................................................................................. 5-17
5.4.10. Maintenance ..................................................................................................................... 5-18
Section 5.5. Exterior Lighting ........................................................................................................... 5-19
Section 5.6. Signs ............................................................................................................................ 5-19
5.6.1. Purpose ............................................................................................................................ 5-19
5.6.2. General Provisions ........................................................................................................... 5-20
5.6.3. Temporary and Special Event Signs ................................................................................ 5-28
5.6.4. Outdoor Advertising Signs ................................................................................................ 5-30
Section 5.7. Conservation Resources .............................................................................................. 5-32
5.7.1. Purpose ............................................................................................................................ 5-32
5.7.2. Applicability ....................................................................................................................... 5-32
5.7.3. Conservation Space General Performance Controls ....................................................... 5-33
5.7.4. Additional Performance Controls ...................................................................................... 5-39
5.7.5. Vegetated Buffer Controls for Conservation ..................................................................... 5-41
Section 5.8. Open Space Requirements .......................................................................................... 5-43
5.8.1. General ............................................................................................................................. 5-43
5.8.2. Access to Open Space ..................................................................................................... 5-43
5.8.3. Open Space Provisions .................................................................................................... 5-43
Section 5.9. Fire Hydrants ................................................................................................................ 5-44
Section 5.10. Airport Height Restriction ............................................................................................. 5-44
5.10.1. Authority ............................................................................................................................ 5-44
5.10.2. Findings ............................................................................................................................ 5-44
5.10.3. Jurisdiction ........................................................................................................................ 5-45
5.10.4. Nonconforming Uses, Structures, and Trees ................................................................... 5-45
5.10.5. Variances .......................................................................................................................... 5-45
5.10.6. Airport Zones .................................................................................................................... 5-46
5.10.7. Airport Zone Height Limits ................................................................................................ 5-46
5.10.8. Use Restrictions ................................................................................................................ 5-48
ARTICLE 6: SUBDIVISION DESIGN AND IMPROVEMENTS ................ 6-1
Section 6.1. General Purpose ............................................................................................................ 6-1
Section 6.2. Design Standards ........................................................................................................... 6-1
6.2.1. General Provisions ............................................................................................................. 6-1
6.2.2. Specific Standards .............................................................................................................. 6-1
Section 6.3. Improvements ............................................................................................................... 6-12
6.3.1. In General ......................................................................................................................... 6-12
6.3.2. Guarantees of Improvements ........................................................................................... 6-13
6.3.3. Required Improvements ................................................................................................... 6-15
6.3.4. Property Owners’ Association (POA) ............................................................................... 6-24
ARTICLE 7: STORMWATER MANAGEMENT ....................................... 7-1
ARTICLE 8: EROSION AND SEDIMENTATION CONTROL .................. 8-1
ARTICLE 9: FLOOD DAMAGE PREVENTION ....................................... 9-1
Section 9.1. Statutory Authorization ................................................................................................... 9-1
Section 9.2. Findings of Fact .............................................................................................................. 9-1
Section 9.3. Purpose .......................................................................................................................... 9-1
Section 9.4. Objectives ....................................................................................................................... 9-2
Section 9.5. Definitions ....................................................................................................................... 9-2
Section 9.6. General Provisions ....................................................................................................... 9-11
9.6.1. Applicability and Basis for Special Flood Hazard Areas................................................... 9-11
9.6.2. Establishment of Floodplain Development Permit ............................................................ 9-12
9.6.3. Compliance ....................................................................................................................... 9-12
9.6.4. Abrogation and Greater Restrictions ................................................................................ 9-12
9.6.5. Interpretation ..................................................................................................................... 9-12
9.6.6. Warning and Disclaimer of Liability .................................................................................. 9-12
9.6.7. Penalties for Violations ..................................................................................................... 9-12
Section 9.7. Administration ............................................................................................................... 9-13
9.7.1. Designation of Floodplain Administrator ........................................................................... 9-13
9.7.2. Floodplain Development Application, Permit and Certification ........................................ 9-13
9.7.3. Duties and Responsibilities of the Floodplain Administrator ............................................ 9-18
9.7.4. Corrective Procedures ...................................................................................................... 9-20
9.7.5. Variance Procedures ........................................................................................................ 9-21
Section 9.8. Provisions for Flood Hazard Reduction ....................................................................... 9-24
9.8.1. General Standards............................................................................................................ 9-24
9.8.2. Specific Standards ............................................................................................................ 9-25
9.8.3. Standards for Floodplains Without Established Base Flood Elevations ........................... 9-32
9.8.4. Standards for Riverine Floodplains With Base Flood Elevations but Without
Established Floodways or Non-Encroachment Areas ...................................................... 9-33
9.8.5. Floodways and Non-Encroachment Areas ....................................................................... 9-33
9.8.6. Coastal High Hazard Area (Zone VE). ............................................................................. 9-34
9.8.7. Standards for Coastal A Zones (Zone CAZ) LiMWA ........................................................ 9-37
9.8.8. Standards for Areas of Shallow Flooding (Zone AO) ....................................................... 9-38
9.8.9. Effect on Rights and Liabilities Under the Existing Flood Damage Prevention
Ordinance ......................................................................................................................... 9-39
9.8.10. Effect Upon Outstanding Floodplain Development Permits ............................................. 9-39
ARTICLE 10: ADMINISTRATIVE PROCEDURES ................................ 10-1
Section 10.1. Advisory and Decision-Making Bodies ......................................................................... 10-1
10.1.1. General ............................................................................................................................. 10-1
10.1.2. Board of Commissioners .................................................................................................. 10-2
10.1.3. Planning Board ................................................................................................................. 10-3
10.1.4. Board of Adjustment ......................................................................................................... 10-4
10.1.5. Technical Review Committee (TRC) ................................................................................ 10-5
10.1.6. Planning Director .............................................................................................................. 10-6
10.1.7. County Engineer ............................................................................................................... 10-8
Section 10.2. Standard Review Procedures ...................................................................................... 10-8
10.2.1. General ............................................................................................................................. 10-8
10.2.2. Pre-Application Conference .............................................................................................. 10-8
10.2.3. Community Information Meeting ....................................................................................... 10-9
10.2.4. Application Submittal and Acceptance ........................................................................... 10-10
10.2.5. Staff Review and Action ................................................................................................. 10-12
10.2.6. Public Hearing Scheduling and Public Notification ......................................................... 10-13
10.2.7. Public Hearing Procedures ............................................................................................. 10-17
10.2.8. Advisory Body Review and Action .................................................................................. 10-19
10.2.9. Decision-making Body Review and Action ..................................................................... 10-20
10.2.10. Post-decision Limitations and Actions ......................................................................... 10-20
Section 10.3. Application-Specific Procedures ................................................................................ 10-23
10.3.1. Text Amendment ............................................................................................................ 10-23
10.3.2. Zoning Map Amendment ................................................................................................ 10-25
10.3.3. Conditional Zoning .......................................................................................................... 10-28
10.3.4. Master Planned Development ........................................................................................ 10-32
10.3.5. Special Use Permit ......................................................................................................... 10-37
10.3.6. Site Plan ......................................................................................................................... 10-42
10.3.7. Subdivision ..................................................................................................................... 10-45
10.3.8. Zoning Compliance Approval ......................................................................................... 10-52
10.3.9. Tree Removal Permit ...................................................................................................... 10-53
10.3.10. Floodplain Development Permit ................................................................................... 10-55
10.3.11. Variance – Zoning and Subdivision ............................................................................. 10-55
10.3.12. Variance – Floodplain .................................................................................................. 10-58
10.3.13. Reasonable Accommodation ....................................................................................... 10-58
10.3.14. Appeal of Administrative Decision ............................................................................... 10-60
10.3.15. Interpretation ................................................................................................................ 10-62
ARTICLE 11: NONCONFORMING SITUATIONS ................................. 11-1
Section 11.1. General Applicability .................................................................................................... 11-1
Section 11.2. Use of Undeveloped Nonconforming Lots ................................................................... 11-1
11.2.1. Nonconforming Single Lot of Record ................................................................................ 11-1
11.2.2. Nonconforming Vacant Contiguous Lots of Record ......................................................... 11-1
Section 11.3. Completion of Nonconforming Projects ....................................................................... 11-1
Section 11.4. Extension or Enlargement of Nonconforming Situations ............................................. 11-1
11.4.1. Existing Industrial Uses .................................................................................................... 11-2
11.4.2. Modifications and/or Expansions of Existing Industrial Uses ........................................... 11-2
Section 11.5. Change in Kind of Nonconforming Use ........................................................................ 11-4
Section 11.6. Abandonment and Discontinuance of Nonconforming Situations ................................ 11-4
Section 11.7. Nonconforming Signs .................................................................................................. 11-5
11.7.1. Determination of Nonconformity ....................................................................................... 11-5
11.7.2. Loss of Nonconforming Status ......................................................................................... 11-5
11.7.3. Maintenance and Repair of Nonconforming Signs ........................................................... 11-5
ARTICLE 12: VIOLATIONS AND ENFORCEMENT ............................. 12-1
Section 12.1. General Provisions ....................................................................................................... 12-1
12.1.1. Purpose ............................................................................................................................ 12-1
12.1.2. Compliance Required ....................................................................................................... 12-1
Section 12.2. Violations and Responsible Persons............................................................................ 12-1
12.2.1. Violations Generally .......................................................................................................... 12-1
12.2.2. Specific Violations ............................................................................................................. 12-1
12.2.3. Responsible Persons ........................................................................................................ 12-2
Section 12.3. Enforcement Responsibility and Procedures ............................................................... 12-2
12.3.1. Responsibility for Enforcement ......................................................................................... 12-2
12.3.2. Complaints Regarding Violations ..................................................................................... 12-3
12.3.3. Inspections ........................................................................................................................ 12-3
12.3.4. Enforcement Procedure .................................................................................................... 12-3
12.3.5. Application of Remedies and Penalties ............................................................................ 12-4
12.3.6. Emergency Enforcement without Notice .......................................................................... 12-4
Section 12.4. Remedies and Penalties .............................................................................................. 12-4
APPENDICES ........................................................................................ A-7
Appendix 1: Final Plat Certificates ........................................................................................................ A-8
Unified Development Ordinance | New Hanover County, NC 1-1
Article 1: General Provisions
Section 1.1. Title
This Ordinance shall be officially known as the “Unified Development Ordinance of New
Hanover County, North Carolina” and may be referred to as “the Unified Development
Ordinance” or “this Ordinance” or the “UDO.”
Section 1.2. Authority
1.2.1. GENERAL AUTHORITY
This Ordinance consolidates the County’s zoning, subdivision, and flood damage
prevention regulatory authority as authorized by the North Carolina General
Statutes, and is adopted in accordance with:
A. The authority granted to New Hanover County by the General Assembly of the
State of North Carolina;
B. The North Carolina General Statutes, including:
1. Chapter 153A, Article 6 (General Police Powers);
2. Chapter 153A, Article 18 (Planning and Regulation of Development);
3. Chapter 113A, Article 4 (Sedimentation and Pollution Control);
4. Chapter 143, Article 21, Part 6 (Floodway Regulations); and
C. All other relevant laws of the State of North Carolina.
1.2.2. REFERENCES TO NORTH CAROLINA GENERAL STATUTES.
Whenever any provision of this Ordinance refers to or cites a section of the North
Carolina General Statutes and that section is later amended or superseded, this
Ordinance shall be deemed amended to refer to the amended section or the
section that most nearly corresponds to the superseded section.
Section 1.3. General Purpose and Intent
It is the purpose of this Ordinance to:
A. Promote the health, safety, and general welfare of the residents of New Hanover
County;
B. Implement the policies and goals contained within officially adopted County plans;
C. Preserve the overall quality of life for residents and visitors;
D. Maintain orderly and compatible land-use and development patterns;
E. Support long-term community resilience;
F. Establish clear and efficient development review and approval procedures; and
G. Accommodate growth and development that complies with the preceding stated
purposes.
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Section 1.4. Applicability and Jurisdiction
1.4.1. GENERAL APPLICABILITY
The regulations set forth in this Ordinance shall be applicable within the planning
jurisdiction of unincorporated New Hanover County, unless land or development is
expressly exempted by a specific section or subsection of this Ordinance.
1.4.2. EXEMPTIONS
The following are exempted from this Ordinance:
A. Bona fide farm lands as defined by the North Carolina General Statutes, except that
the standards in Article 9: Flood Damage Prevention, shall apply to bona fide farm
lands.
B. Court-ordered subdivisions of land that comply with state law and all relevant
requirements of this Ordinance.
1.4.3. NO DEVELOPMENT UNTIL COMPLIANCE WITH THIS ORDINANCE
A. Unless exempted, no land shall be developed without compliance with this
Ordinance and all other applicable County, state, and federal regulations.
B. No person shall use, occupy, or sell any land or buildings or authorize or permit the
use, occupancy, or sale of land or buildings under their control, except in
accordance with this Ordinance.
C. No building, or portion thereof, shall be erected, used, moved, or altered except in
conformity with the regulations specified in the zoning district in which it is located.
Section 1.5. Relationship with the Comprehensive Plan
The New Hanover County Comprehensive Plan serves as the basic policy guide for the
regulations included this Ordinance. The policies and actions of the Comprehensive Plan may
be amended from time to time to meet the changing requirements of the County in accordance
with state law.
Section 1.6. Relationship with other Laws
1.6.1. CONFLICTS WITH OTHER COUNTY CODES OR LAWS
When the requirements of this Ordinance conflict with the requirements of other
lawfully adopted rules, regulations, or ordinances of New Hanover County, the
more stringent requirements shall govern. The more restrictive provision is the one
that imposes greater restrictions or burdens, or more stringent controls.
1.6.2. CONFLICTS WITH STATE OR FEDERAL LAW
If a provision of this Ordinance is inconsistent with a provision found in the law or
regulations of the state or federal government, the more restrictive provision shall
control, to the extent permitted by law.
Unified Development Ordinance | New Hanover County, NC 1-3
1.6.3. RELATIONSHIP TO PRIVATE AGREEMENTS/CONFLICTS WITH PRIVATE
AGREEMENTS
Nothing in this Ordinance is intended to supersede, annul, or interfere with any
deed restriction, covenant, easement, or other agreement between private parties,
but such deed restrictions, covenants, easements and other private agreements
shall not excuse any failure to comply with this Ordinance. The County may review
private agreements, such as those related to maintenance of private common open
space set-asides, but the County shall not be responsible for monitoring or
enforcing private covenants and restrictions.
1.6.4. EXISTING AGREEMENTS OR VESTED RIGHTS
Nothing in this Ordinance is intended to repeal, supersede, annul, impair, or
interfere with any existing private agreements or vested rights previously adopted
or issued in accordance with all applicable laws, provided such agreements or
rights are lawfully established and remain in effect.
Section 1.7. Transitional Provisions
1.7.1. EFFECTIVE DATE
This Ordinance was adopted on February 3, 2020 and became effective on
February 3, 2020.
1.7.2. CONSTRUCTION IN PROGRESS
The adoption of this Ordinance does not require a change in the plans,
construction, or designated use of any building for which actual construction was
lawfully begun before February 3, 2020 and on which actual construction has been
diligently pursued. For the purpose of this provision, “actual construction” includes
the erection of construction materials in permanent position and fastened in a
permanent manner, or demolition, elimination, and removal of an existing structure
in connection with such construction, provided that actual construction work must
be diligently pursued until completion of the building.
1.7.3. APPROVALS GRANTED BEFORE EFFECTIVE DATE
A. Approved zoning permits, building permits, variances, special use permits,
subdivision plans, and site plans that are valid on February 3, 2020 shall remain
valid until their expiration date. Development may be completed in accordance with
such approvals even if such building, development or structure does not fully
comply with provisions of this Ordinance. If building is not commenced and
diligently pursued in the time allowed under the original approval or any extension
granted, then the building, development or structure shall be subject to the
requirements of this Ordinance.
B. To the extent a prior-approved application proposes development that does not
comply with this Ordinance, the subsequent development, although permitted, shall
be nonconforming and subject to the provisions of Article 11: Nonconforming
Situations.
C. Any re-application for an expired development approval or permit shall comply with
the standards in effect at the time of re-application.
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1.7.4. APPLICATIONS IN PROGRESS BEFORE EFFECTIVE DATE
A. Applications for development approvals and permits that were submitted in
complete form and are pending on February 3, 2020 shall be reviewed and decided
in accordance with the regulations in effect when the application was accepted.
B. Completed applications shall be processed in good faith and shall comply with any
time frames for review, approval, and completion as established in the regulations
in effect at the time of application acceptance. If the application fails to comply with
the required time frames, it shall expire and future development shall be subject to
the requirements of this Ordinance.
C. An applicant with a pending application accepted before February 3, 2020 may opt
to have the proposed development reviewed and decided under the standards of
this Ordinance by withdrawing the pending application and submitting a new
application in accordance with the standards of this Ordinance. The application
submittal fees will be waived for this new application.
D. To the extent an application approved under this section proposes development
that does not comply with this Ordinance, the development, although permitted,
shall be nonconforming and subject to the provisions of Article 11: Nonconforming
Situations.
1.7.5. VIOLATIONS CONTINUE
Any violation of the previous Ordinance and other regulations replaced by this
Ordinance shall continue to be a violation under this Ordinance, and subject to the
penalties set forth in Article 12: Violations and Enforcement, unless the
development complies with the express terms of this Ordinance.
1.7.6. NONCONFORMITIES
If any use, structure, lot of record, or sign was legally established on the date of its
development, but does not fully comply with the standards of this Ordinance or any
amendments thereto, that use, structure, lot of record, or sign shall be considered
nonconforming and subject to the provisions of Article 11: Nonconforming
Situations. If a use, structure, lot of record, or sign that was legally nonconforming
under the previous Ordinance becomes conforming under this Ordinance, it shall
no longer be deemed nonconforming and subject to the provisions of Article 11:
Nonconforming Situations.
Section 1.8. Severability
It is the legislative intent of the Board of County Commissioners that if any section, subsection,
sentence, clause, or phrase of this Ordinance is for any reason held by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity and continued enforcement of
any other provision of this Ordinance. The Board of County Commissioners hereby declares
that it would have adopted this Ordinance and any section, subsection, sentence, clause, or
phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses, or phrases of the Ordinance is declared invalid by a court of competent jurisdiction.
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Section 1.9. Technical Corrections
The Planning Director is authorized to make corrections of a purely technical nature to this
Ordinance to cure typographical, formatting, or other similar errors.
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Article 2: Measurements and Definitions
Section 2.1. Measurements
BUILDABLE AREA
The portion of a lot remaining after required setbacks and yards are provided.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the proposed finished grade at
the front of the structure to the mean level of the slope of the main roof.
DIAMETER AT BREAST HEIGHT (DBH)
The diameter or width of the main stem of a tree as measured 4.5 feet above the natural grade
at its base. Whenever a branch, limb, defect, or abnormal swelling of the trunk occurs at this
height, the diameter at breast height (DBH) shall be measured at the nearest point above or
below 4.5 feet at which a normal diameter occurs.
DENSITY FACTOR
An intensity measure expressed as the number of units per "net buildable site acre" (as
calculated pursuant to 3.1.3.E.1, Site Capacity. The density factor establishes the permitted
density on the buildable portion of a site with an Additional Dwelling Allowance.
FLOOR AREA RATIO (FAR)
The total floor area of all structures located on lot divided by the gross lot area.
FAR = TOTAL FLOOR AREA OF ALL STRUCTURES ON A LOT
GROSS LOT AREA
In the B-2 district, parking deck area calculations shall be excluded from the total building area
calculations when computing the FAR.
SETBACK
The minimum distance a building or structure must be separated from the lot lines. Setbacks are
specified as front, side, and rear; are located within the corresponding front, side, and rear
yards; and establish the minimum required front, side, and rear yards.
Setbacks shall be measured from the structure. If a roof overhang extends more than two feet
from the structure, the setback shall be measured from the drip line of the roof.
Setbacks shall not be occupied or obstructed by a structure or portion of a structure, unless
otherwise allowed by another provision of this Ordinance.
Fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture
may be permitted in any setback subject to height limitations and requirements limiting
obstruction of visibility.
Private driveways or easements serving three or fewer lots in accordance with Section 5.2.2.B.3
may also be permitted in any setback.
Minimum setback distances for overhead canopies shall be determined by measuring a straight
line distance from the nearest point of the required reference boundary (i.e., street right-of-way,
zoning district line, or property line) to the point on the ground surface which is perpendicular to
the closest edge of the canopy overhang. Setback distances from street rights-of-way may be
reduced by one half.
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SETBACK, FRONT
The depth of a front setback shall be measured at right angles to a straight line joining
the foremost points of the side lot lines, and in such a manner that the front yard
established shall provide minimum depth parallel to the front lot line.
SETBACK, SIDE
The width of a side setback shall be measured in such a manner that the side yard
established is a strip of the minimum width required by the district regulations with its
inner edge parallel with the side lot line.
SETBACK, REAR
The depth of a rear setback shall be measured in such a manner that the rear yard
established is a strip of the minimum width required by district regulations with its inner
edge parallel with the rear lot line.
SETBACK LINE
The line on the front, rear, and sides of a lot, which delineates the area upon which a structure
may be built and maintained.
SIGN, HEIGHT
As applied to a sign, height shall be measured as the vertical distance between the highest part
of the sign or its supporting structure, whichever is higher, and a level plane going through the
nearest point of the improved public right-of-way at the ground-level curb line.
SIGN, SURFACE AREA OF
The surface area of a sign, which is computed as including the entire area within a regular
geometric form or combinations of regular geometric forms comprising all of the display area of
the sign and including all of the elements of the matter displayed. Frames and structural
members not bearing advertising matter shall not be included in computation of surface area.
YARD
An open space on the same lot with a structure, lying between the structure and nearest lot line,
that is unoccupied and unobstructed by the structure or any portion of the structure.
YARD, FRONT
A yard extending between side lot lines across the front of a lot adjoining a public or
private street. Through lots shall be considered to have two front yards.
YARD, SIDE
A yard extending from the front setback line to the rear lot line.
YARD, REAR
A yard extending across the rear of the lot between inner side setback lines. In the case
of through lots and corner lots, there shall be no rear yards, but only front and side
yards.
Section 2.2. Rules of Construction
The rules in this section shall apply for construing or interpreting the terms and provisions of this
Ordinance.
2.2.1. MEANINGS AND INTENT
All provisions, terms, phrases, and expressions contained in this Ordinance shall
be interpreted in accordance with the general purposes set forth in Section 1.3,
General Purpose and Intent, and the specific purpose statements set forth
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throughout the UDO. When a specific section of the UDO gives a different meaning
than the general definition provided in this article, the specific section’s meaning
and application of the term shall control.
2.2.2. HEADINGS, ILLUSTRATIONS, AND TEXT
In the event of a conflict or inconsistency between the text of this UDO and any
heading, caption, figure, illustration, table, or map, the text shall control. Graphics
and other illustrations are provided for informational purposes only and should not
be relied upon as a complete and accurate description of all applicable regulations
or requirements.
2.2.3. LISTS AND EXAMPLES
Unless otherwise specifically indicated, lists of items or examples that use terms
like "for example," "including," and "such as," or similar language are intended to
provide examples and are not exhaustive lists of all possibilities.
2.2.4. COMPUTATION OF TIME
A. In computing any period of time prescribed or allowed, the day of the act, event or
default from which the designated period of time begins to run shall not be included.
The last day of the period so computed shall be included, unless it is a Saturday,
Sunday or legal holiday, in which event the period shall run until the end of the next
day which is not a Saturday, Sunday, or legal holiday. When the period of time
prescribed or allowed is less than seven days, intermediate Saturdays, Sundays
and legal holidays shall be excluded in the computation.
B. The term "day" means a business day, unless a calendar day is indicated.
C. The term "month" means a calendar month.
D. The term “year” means a calendar year unless otherwise indicated.
E. Whenever a person has the right or is required to do some act within a prescribed
period of time following the service of a notice or other document through mailed
delivery:
1. Three days shall be added to the prescribed period; and
2. The time period shall be counted starting from and including the post-
marked date.
2.2.5. REFERENCES TO OTHER REGULATIONS/PUBLICATIONS
Whenever reference is made to a resolution, ordinance, statute, regulation, or
document, it shall mean a reference to the most recent edition of such regulation,
resolution, ordinance, statute, regulation, or document, unless otherwise
specifically stated.
2.2.6. DELEGATION OF AUTHORITY
A. Any act authorized by this UDO to be carried out by the Planning Director may be
delegated by the Planning Director to a County employee under the Planning
Director’s authority or control.
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B. Any act authorized by this UDO to be carried out by the County Engineer may be
delegated by the County Engineer to a County employee under the County
Engineer’s authority or control.
2.2.7. PUBLIC OFFICIALS AND AGENCIES
All public officials, bodies, and agencies to which references are made are those of
the New Hanover County, North Carolina, unless otherwise indicated.
2.2.8. MANDATORY AND DISCRETIONARY TERMS
The words "shall," "must," "should" and "will" are mandatory, establishing an
obligation or duty to comply with the particular provision. The word "may" is
permissive.
2.2.9. CONJUNCTIONS
Unless the context clearly suggests the contrary, conjunctions shall be interpreted
as follows:
A. "And" indicates that all connected items, conditions, provisions or events apply; and
B. "Or" indicates that one or more of the connected items, conditions, provisions,
2.2.10. TENSES AND PLURALS
Words used in the present tense include the future tense. Words used in the
singular number include the plural number and the plural number includes the
singular number, unless the context of the particular usage clearly indicates
otherwise. Words used in the masculine gender include the feminine gender, and
vice versa.
2.2.11. TERM NOT DEFINED
If a term used in this UDO is not defined in this UDO, the Planning Director is
authorized to interpret its meaning in accordance with Section 10.3.15,
Interpretation. Such interpreted meaning shall be based upon the definitions used
in accepted sources—including, but not limited to, A Planners Dictionary, A
Glossary of Zoning, Development, and Planning Terms, and A Survey of Zoning
Definitions (all published by the American Planning Association), as well as general
dictionaries such as Merriam-Webster, American Heritage, Webster's New World,
and New Oxford American dictionaries.
2.2.12. USE AND OCCUPATION
The words “used” or “occupied” include the words intended, designed, or arranged
to be used or occupied.
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Section 2.3. Definitions and Terms
ACCESSORY DWELLING UNIT
An ancillary or secondary dwelling unit that is clearly subordinate to the principal dwelling, which
has a separate egress/ingress independent from the principal dwelling, and which provides
complete independent living facilities for one or more persons and which includes provisions for
living, sleeping, eating, cooking, and sanitation. It is located on the same parcel as the principal
dwelling unit and may be either attached to or detached from the principal dwelling.
ACCESSORY STRUCTURE
A structure subordinate to a principal structure and use, the use of which is customarily found in
association with and is clearly incidental to the use of the principal structure of the land and
which is not attached by any part of a common wall or roof to the principal structure. (When a
specific structure is identified in this Ordinance as accessory to another use or structure, the
structure need not be customarily incidental to, or ordinarily found in association with, the
principal use to qualify as an accessory structure.) This definition does not apply to the
provisions of Article 9: Flood Damage Prevention; for that meaning, see Section 9.5: Definitions.
ACCESSORY USE, CUSTOMARY
A use of a structure or land that is subordinate and customarily incidental to, and ordinarily
found in association with, a principal use, which it serves; is subordinate in purpose, area, floor
area, intensity, and extent to the principal use, and; does not change the character of the
principal use.
ADDITIONAL DWELLING ALLOWANCE
A permit to exceed the residential density limit established in an applicable zoning district in
accordance with an additional density factor established by this ordinance.
ADDITIONAL HEIGHT ALLOWANCE
A permit to exceed the maximum height for a particular zoning district by a specified number of
feet and/or stories.
ADULT DAY CARE
An establishment licensed pursuant to NCGS §131D and engaged in the provision of group
care and supervision of more than 5 adults in a place other than their permanent residence.
ADULT ENTERTAINMENT ESTABLISHMENT
Retail or service establishments which are characterized by an emphasis on specified sexual
activity and/or specified anatomical areas, including, but not limited to:
A. Any bookstore, video store, or other establishment in which a substantial portion of its
stock in trade is devoted to printed matter or visual representation of specified sexual
activities or specified anatomical areas;
B. Any movie theater offering movies or other displays, or any establishments offering coin-
operated devices, which emphasize specified sexual activities or specified anatomical
areas;
C. Any cabaret, club, tavern, theater, or other establishment which offers any entertainment
emphasizing specified sexual activities or specified anatomical areas;
D. Any establishment offering massage or similar manipulation of the human body, unless
such manipulation is administered by a medical practitioner, chiropractor, acupuncturist,
physical therapist, or similar professional licensed by the State. This definition does not
include massages or similar manipulation offered at an athletic club, health club, school,
gymnasium, spa, or similar establishments.
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AGRICULTURAL AND FORESTRY USES, GENERAL
Uses characterized by general active and ongoing agricultural activities, including agronomy,
animal husbandry, aquaculture, biotechnical agriculture (including education parks for
biotechnical agriculture or a demonstration farm), forestry, fisheries, apiculture, and similar
uses.
AIRPORT
For purposes of Section 5.10, Airport Height Restriction, the Wilmington International Airport.
AIRPORT AND TERMINAL
Establishments providing air traffic control to regulate the flow of air traffic; establishments that
operate international, national, or civil airports or public flying fields; or that support airport
operations (such as rental of hangar spaces, cargo handling services, and passenger parking
lots); and establishments providing specialty air transportation or flying services.
AIRPORT AUTHORITY
For purposes of Section 5.10, Airport Height Restriction, the New Hanover County Airport
Authority and its agents, who are charged with administering the operations of the Wilmington
International Airport.
AIRPORT ELEVATION
The highest point of an airport's usable landing area measured in feet from sea level
ALLEY STREET
See “Street, Alley”.
ANIMAL SHELTER
A non-residential facility that is used to house or contain animals, and is owned, operated, and
maintained for the purpose of providing temporary kenneling and care for the animals and
finding permanent adoptive homes for them.
ANIMATED SIGN
See “Sign, Animated”.
APPLICANT
A person who submits an application for a development approval or permit under this UDO.
APPLICATION
A formal application form submitted by an applicant for a development approval or permit under
this UDO.
APPROACH SURFACE
A surface longitudinally centered on the extended runway centerline, extending outward and
upward from the end of the primary surface and at the same slope set forth in Section IV of this
Ordinance. In plan, the perimeter of the approach surface coincides with the perimeter of the
approach zone.
APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES
See Section 5.10.6, Airport Zones.
ARTERIAL STREET
See “Street, Arterial”.
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ARTISAN MANUFACTURING
On-site production of goods by hand manufacturing involving the use of hand tools and small-
scale light mechanical equipment. Typical uses include woodworking and cabinet shops,
ceramic studios, jewelry manufacturing and similar types of arts and crafts or very small-scale
manufacturing uses that have very limited, if any, negative external impacts on surrounding
properties, water resources, air quality, and/or public health.
BANK AND/OR FINANCIAL INSTITUTION
A facility that has as its primary purpose the custody, loan, exchange, or issue of money, the
extension of credit, and transmission of funds. Accessory uses may include automated teller
machines (ATMs) and facilities providing drive-through services.
BANNER SIGN
See “Sign, Banner”.
BAR/NIGHTCLUB
A non-restaurant establishment that generates more than 49 percent of its quarterly gross
receipts from the sale of alcoholic beverages for on-premises consumption. Bars and
nightclubs may provide live music (bands) and other music, dancing, and games of skill such as
pool or darts for use by the patrons of the establishment.
BARRIER ISLANDS
Any land formation composed of unconsolidated materials lying on the ocean side of the
mainland. Estuaries or wetlands separate the islands from the mainland.
BED AND BREAKFAST INN
A place of lodging that located in a single family detached dwelling unit with a resident manager
that provides 5 or fewer guest rooms and breakfast for transient occupants.
BLOCK
A parcel of land, which is entirely surrounded by streets, highways, railroad rights-of-way, parks
or green strips, rural land or drainage channels, or a combination thereof.
BOARD OF ADJUSTMENT
The New Hanover County Board of Adjustment charged with the responsibility of hearing and
deciding appeals and requests for variance from the requirements of this UDO.
BOAT
A vessel or watercraft of any type or size specifically designed to be self-propelled, whether by
engine, sail, oar, or paddle or other means, which is used to travel from place to place by water.
BOAT DEALER
Uses engaged primarily in the sale of personal, consumer-oriented boats.
BOATING FACILITY, COMMUNITY
A private, non-profit boating facility including a dock, pier and/or launching ramp on property
having water frontage; the use of which is intended to serve five or more residential lots or
residential units. The use of such a facility is limited to the residence owners or tenants and their
invited guests and does not include commercial activities of any kind.
BOATING FACILITY, PRIVATE RESIDENTIAL
A private, nonprofit boating facility including a dock, pier, and/or launching ramp on property
having water frontage, the use of which is to service fewer than five residential lots or units. The
use of such facility is limited to the residence owners or tenants and their invited guests and
does not include commercial activities of any kind.
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BROADCASTING AND PRODUCTION STUDIO
Facilities for the filming, recording, and/or broadcasting of radio, television, film, music, and/or
internet media content.
BUILDING BASE
The lower levels of a building that do not exceed 4 stories or 50 feet, whichever is less, and are
distinguished architecturally from the upper floors of the building.
BUS AND TAXI TERMINAL
A facility that includes a lot and related building(s) utilized for the operations, maintenance,
and/or storage of bus, coach, taxi, or similar transportation services. A terminal shall not include
a location where the bus stops to drop off or take on passengers when there are not operational
facilities.
BUSINESS SERVICE CENTER
An establishment engaged in providing mailbox rental and other postal and mailing services;
copy centers or shops engaged in providing photocopying, duplicating, blueprinting, and other
document copying services without also providing print services; and businesses providing a
range of office support services, such as mailing services, document copying services, facsimile
services, word processing services, on-site computer rental services, and accessory office
product sales.
CAMPGROUND/RECREATIONAL VEHICLE (RV) PARK
Any parcel or tract of land upon which campsites are occupied or intended to be occupied by
tents for overnight camping or upon which recreational vehicles are occupied for sleeping
purposes, regardless of whether or not a charge is made for such purposes.
CAR WASH
A facility for washing or steam cleaning passenger automobiles (including self-service
operations), operating either as a separate facility or when installed and operating in conjunction
with another use, and which installation includes equipment customarily associated with a car
wash and which is installed solely for the purpose of washing and cleaning automobiles.
CEMETERY
Land or facilities used for the permanent interment of humans or animals or their cremated
remains, such as a mausoleum, columbarium, memorial park, and pet cemetery.
CERTIFICATE OF OCCUPANCY
The certificate from the County Inspections Department allowing the occupancy of a building.
CHILD CARE CENTER
An arrangement where, at any one time, there are three or more preschool-age children or nine
or more school-age children receiving child care, unless excluded by NCGS §110-86(2).
CIRCUSES, CARNIVALS, AND FAIRS
Itinerant enterprises consisting of amusements such as games, mechanical rides, acrobatic or
magic shows, animal shows, and the exhibition of agricultural or other products.
COASTAL AREA MANAGEMENT ACT (CAMA)
North Carolina’s Coastal Area Management Act, this act, along with the Dredge and Fill Law
and the Federal Coastal Zone Management Act, is managed through North Carolina
Department of Environmental Quality (NCDEQ’s) Division of Coastal Management (DCM). This
definition does not apply to the provisions of Article 9: Flood Damage Prevention; for that
meaning, see Section 9.5: Definitions
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COASTAL BARRIER RESOURCES SYSTEM (CBRS)
Consists of undeveloped portions of coastal and adjoining areas established by the Coastal
Barrier Resources Act (CoBRA) of 1982, the Coastal Barrier Improvement Act (CBIA) of 1990,
and subsequent revisions, and includes areas owned by Federal or state governments or
private conservation organizations identified as Otherwise Protected Areas (OPA).
COLLECTOR STREET
See “Street, Collector”.
COLLEGES, UNIVERSITIES, AND PROFESSIONAL SCHOOLS
A public or private, non-profit institution for post-secondary education offering courses in general
or technical education that operates within buildings or premises on land owned or leased by
the institution for administrative and faculty offices, classrooms, laboratories, chapels,
auditoriums, lecture halls, libraries, student and faculty centers, athletic facilities, dormitories,
and other facilities that further the educational mission of the institution. In no event shall this
definition prohibit a college or university from engaging in an activity historically conducted in
such institutions.
COMMERCIAL PARKING LOT OR FACILITY
An off-street, hard-surfaced, ground level area—or a structure composed of one or more levels
or floors—that is used as a commercial enterprise for the parking of personal automobiles, is not
accessory to any other use on the same lot, and contains parking spaces rented to the general
public or reserved for individuals by the hour, day, week, or month. This definition shall not
include storage of vehicles awaiting repair, pending insurance or legal action, awaiting
demolition, or vehicles stored for the stripping of parts.
COMMERCIAL RECYCLING FACILITY, LARGE COLLECTION
A facility greater than 500 square feet in size that buys or accepts recyclable materials for the
purpose of storage until enough has accumulated for shipment.
COMMERCIAL RECYCLING FACILITY, PROCESSING
A facility that uses power-driven machinery to prepare recyclable materials for shipment.
Machinery used in the processing of the materials includes shredders, balers, brickers, and can
compactors.
COMMERCIAL RECYCLING FACILITY, PROCESSING AND COLLECTION
A facility that both collects and processes recyclable materials.
COMMERCIAL RECYCLING FACILITY, SMALL COLLECTION
A facility no greater than 500 square feet in size that is used as a drop point for temporary
storage of recyclable materials, such as metal, glass, plastics, and/or newspapers, as the
principal use of a parcel.
COMMUNITY CENTER
A meeting, recreational, and/or social facility provided by the government or a nonprofit
institution for public use.
CONICAL SURFACE
A surface extending outward and upward from the periphery of the horizontal surface at a slope
of 20 to 1 for a horizontal distance of 4,000 feet.
CONSTRUCTION OFFICE
Modular units or other structures used solely as field offices for contractors during the duration
of a specific construction project.
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CONSTRUCTION PLANS
See “Subdivision Construction Plans”.
CONTRACTOR OFFICE
An establishment primarily engaged in the day-to-day administrative and clerical services for
businesses providing contracted services, such as building contractors, heating and air
conditioning (HVAC) repair, landscaping and janitorial services, etc., that require outside and/or
fleet storage. The use may include some on-site repair and material preparation work.
CONVENIENCE STORE
A small retail self-service store selling a limited line of fast-moving food and nonfood items,
usually with extended hours of operation and usually with a high volume of customer traffic
comprised of quick transactions of a small number of items. Includes fuel sales as an
accessory use.
COUNTY
New Hanover County, North Carolina, a political subdivision of the State of North Carolina.
COUNTY ENGINEER
A Professional Engineer, registered in the State of North Carolina, employed by the County
Board of Commissioners to provide engineering services to New Hanover County.
CRITICAL AREA
The area adjacent to a water supply intake or reservoir where risk associated with pollution is
greater than from remaining areas of the watershed. The critical area is defined as extending
either one-half mile from the normal pool elevation of the surface water in which the intake is
located or to the ridge line of the watershed, whichever comes first; or, one-half mile upstream
form the intake located directly in the stream or run-of-the-river or the ridge line of the
watershed, whichever comes first.
CUL-DE-SAC STREET
See “Street, Cul-de-sac”.
DEBRIS SITE
A site for the temporary storage of trees, branches, shrubs, and logs and other similar
vegetative debris resulting from a natural disaster.
DEVELOPER
Any person, firm, or corporation who develops any land.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including, but not limited to,
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling
operations, or storage of equipment or materials.
DIRECTIONAL SIGN (ON PREMISES)
See “Sign, Directional (on premises)”.
DISABLED PERSON
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 Chapter 168, Article 3,
N.C.G.S.
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DOMESTIC ANIMAL
Dogs, cats, rodents, birds, reptiles, fish, pot-bellied pigs weighing less than 70 pounds, and any
other species of animal that is commonly kept as a household pet in the County. This term does
not include skunks, nonhuman primates, and other species of wild or exotic animals.
DRY CLEANING/LAUNDRY PLANT
An establishment engaged in providing dry cleaning or laundering services on-site or specialty
cleaning services for specific types of garments and other textile items, such as fur or leather,
on-site. This does not include drop-off dry cleaning and/or laundering shops.
DRY STACK BOAT STORAGE FACILITY
A facility with vertical storage of boats in a rack system, providing for storage of at least two
layers of boats.
DWELLING UNIT
One or more rooms together, constituting a separate, independent housekeeping establishment
for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically
separated from any other rooms or dwelling units which may be in the same structure, and
containing independent cooking and sleeping facilities.
DWELLING, DUAL-UNIT ATTACHED
A dwelling containing two dwelling units sharing a common wall that is part of a performance
residential, mixed use, or master planned development. Each dwelling unit is occupied
exclusively by one family.
DWELLING, MULTI-FAMILY
A residential development other than a townhouse dwelling containing five or more dwelling
units. Units may be located side by side in a horizontal configuration or stacked one above the
other in a vertical configuration, sharing common vertical walls or horizontal floors and ceilings.
Multifamily dwellings include what are commonly called apartments or condominium units.
DWELLING, QUADRAPLEX
A residential building containing four dwelling units, which are either located side-by-side (four in
a row), or two units on the first floor with two units located above.
DWELLING, ROW-STYLE
A residential development containing five or more dwelling units that are attached horizontally
through common walls, occupying space from the ground to the roof of the building.
DWELLING, SINGLE-FAMILY DETACHED
A single detached dwelling unit on a lot, other than a mobile home dwelling and excluding any
accessory dwelling unit.
DWELLING, TRIPLEX
A residential building containing three dwelling units, where the units are attached by common
walls.
DWELLING, TWO-FAMILY (DUPLEX)
A dwelling containing two dwelling units sharing a common wall that is not part of a performance
residential subdivision or is on an individual lot. Each dwelling unit is occupied exclusively by
one family. A two-family or duplex dwelling may include two-story units where a floor/ceiling
have the function of a common wall.
EASEMENT
A grant by the property owner for use, by the public, a corporation or person of a strip of land for
specific purposes.
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ELECTRIC SUBSTATION
A subsidiary station of an electricity generation, transmission, and distribution system where
voltage is transformed from high to low or the reverse using transformers.
ELECTRICITY GENERATING FACILITIES
A standalone plant not ancillary to another land use which generates electricity to be distributed
to customers, including but not limited to fossil fuel burning facilities and wind power farms. This
definition shall not include electricity produced at or on an agricultural farm, residence, business,
or other facility where use of the electricity so produced is limited primarily to on-site
consumption. Solar energy collection facilities are a type of electricity generating facility;
however, for the purposes of this ordinance, they are considered a separate use in the Table of
Permitted Uses.
ELECTRONIC GAMING OPERATION
A business enterprise, whether principal or accessory, where persons utilize electronic
machines, including but not limited to computers and gaming terminals, to conduct games of
odds or chance, including sweepstakes, and where cash, merchandise, or other items of value
are redeemed or otherwise distributed, whether or not the value of such distribution is
determined by electronic games played or by predetermined odds. Electronic Gaming
Operations do not include any lottery approved by the State of North Carolina.
ELEMENTARY AND SECONDARY SCHOOLS
An educational institution that offers a program of high school, middle school (or junior high
school), and/or elementary school (including kindergarten, pre-k, pre-k-8, or nursery school)
instruction meeting State requirements for a school. Such uses include classrooms,
laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities, dormitories,
and other facilities that further the educational mission of the institution.
EQUESTRIAN FACILITY
A facility for keeping equines not associated with an agricultural or residential use and which
includes the boarding, breeding, training, riding, or showing of the domestic animals.
EQUIPMENT RENTAL AND LEASING
Facilities for the sale, rental, or lease of commercial vehicles and heavy equipment.
FAMILY
One or more persons occupying a single dwelling unit, provided that unless all members are
related by blood, adoption, or marriage, no such family shall contain over three persons, but
further provided that:
(A) Domestic servants employed on the premises may be housed on the premises
without being counted as part of the family residing on the premises; and
(B) A foster home as designated by the North Carolina Department of Social
Services for the care of not more than five children less than 18 years of age be
considered as family.
(C) Any child less than eighteen years of age living with parent(s) or a legal guardian
is not to be counted as a person in the calculations.
FAMILY CARE HOME
A home with support and supervisory personnel that provides room and board, personal care,
and rehabilitation services in a family environment for not more than six resident handicapped
persons.
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FAMILY CHILD CARE HOME
An arrangement located in a residence where, at any one time, more than two children, but less
than nine children, receive child care, unless excluded by NCGS §110-86(2).
FARM IMPLEMENT SALES
An establishment engaged in the on-premises lease, rental, or retail sales of new or used
machinery, tools, supplies, and small appliances designed and used for agricultural or
horticultural use. This use includes the sale of farm-specific vehicles such as tractors, tillers,
and farm trailers, but does not include the sale of industrial equipment used in the processing of
farm products at locations removed from the farm where such products are grown.
FARM STAND
An area for the temporary or seasonal sales and promotion of agricultural products, generally
located on the farms where products are grown.
FARMERS’ MARKET
A collective enterprise selling directly to the public and operated under a unified set of
management guidelines and restrictions, concentrated in a single location, and leasing or
otherwise assigning spaces to growers/producers who personally sell fresh produce and related
farm products.
FENESTRATION
The arrangement and design of openings, such as windows, within a building.
FINAL PLAT
See “Plat, Final”.
FLAG SIGN
See “Sign, Flag”.
FLASHING SIGN
See “Sign, Flashing”.
FLOATING STRUCTURE
Any structure or vessel in fact used, designed, and occupied as a permanent dwelling unit,
business or source of any occupation, or any private or social club, which floating structure or
vessel is primarily immobile and out of navigation or which functions substantially as a land
structure while the same is moored or docked on waters within County jurisdiction, whether
such floating structure is self-propelled or not.
FLOODWAY
See Article 9: Flood Damage Prevention, Section 9.5 for definition.
FOREST MANAGEMENT PLAN
A document that defines a landowner’s forest management objectives and describes specific
measures to be taken to achieve those objectives. The plan shall be prepared by a licensed
forester and shall include silviculture practices that both ensure optimal forest productivity and
environmental protection of land. (NC Division of Forest Resources and NC Cooperative
Extension Service can provide educational materials and lists of licensed foresters.)
FOOD MARKET
An establishment that offers specialty food products at retail, such as meat, seafood, produce,
artisanal goods, baked goods, pasta, cheese, confections, coffee, and other specialty food
products, and may also offer additional food and non-food commodities related or
complementary to the specialty food products.
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FOUNDATION PLANTINGS
A required planting area between the curb line or edge of a parking facility or drive isle and the
building's facade. See Section 5.4.8, Foundation Plantings.
FRATERNITY/SORORITY RESIDENCE
A building or structure occupied and maintained for residential uses exclusively for college or
university students who are members of a social, honorary, or professional organization
chartered by a national, fraternal, or sororal order.
FREEBOARD
See Article 9: Flood Damage Prevention, Section 9.5 for definition.
FUEL BULK STORAGE FACILITIES
A facility whose primary purpose is the storage, distribution, mixing, or transfer of flammable or
combustible liquids, gases, or solids, received or transferred by truck, train, tank vessel,
pipelines, tank car, piping, portable tank or containers, or other method, including propane,
methane, ethanol, gasoline, kerosene, oil, coal, and other fuels. This definition shall not include
fueling stations; retail oil or gas dealers; or fuel stored at or on an agricultural farm, residence,
business, or other facility where fuel usage is limited primarily to on-site consumption.
FUEL PUMP ISLAND
Any device or group of devices used for dispensing motor fuel or similar petroleum products to
the general public.
FUEL SALES
A facility engaged in the storage, distribution, and retail sales of vehicle fuels for personal
vehicles, fleet vehicles, and/or trucks.
FUNERAL SERVICES
Establishments engaged in preparing the dead for burial or interment and conducting funerals.
Funeral services includes crematories as an accessory use.
GOLF COURSE
A tract or tracts of land laid out for at least nine holes for playing the game of golf, and which
may include a clubhouse, golf schools, driving ranges, and accessory uses such as
restaurants/bars, pro shops, and related facilities.
GOVERNMENT OFFICES AND BUILDINGS
An office of a governmental unit or agency that provides administrative and/or direct services to
the public such as, but not limited to: employment offices, public assistance offices, motor
vehicle licensing, and registration services.
GROCERY STORE
An establishment that offers a diverse variety of unrelated, non-complementary food and non-
food commodities such as beverages, dairy, dry goods, fresh produce, and other perishable
items, frozen foods, household products, and paper goods; may include a prescription
pharmacy, coffee shop, and/or delicatessen and prepare minor amounts of food on-site for
immediate consumption.
GROUP DEVELOPMENT
A group of two or more principal structures built on a single lot, tract, or parcel of land and
designed for occupancy by separate families, firms, businesses, or other enterprises.
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GROUP HOME
A home in which more than three unrelated persons with a disability, as defined in the U.S. Fair
Housing Act, 42 U.S.C. 3601 et seq., live together as a self-supporting and self-sufficient
household unit.
HAZARD TO AIR NAVIGATION
An obstruction determined to have a substantial adverse effect on the safe and efficient
utilization of navigable airspace.
HAZARDOUS MATERIAL
Any substance listed as such in the Superfund Amendments Reauthorization Act (SARA),
Section 302, Extremely Hazardous Substances, CERCLA Hazardous Substances, or Section
311 of CWA (oil and hazardous substances).
HEIGHT
For the purpose of determining the height limits in all zones set forth in Section 5.10, Airport
Height Restriction, the datum shall be mean sea level elevation unless otherwise specified.
HELIPORT
A facility designed to accommodate all phases of helicopter operations, with space for a
terminal and the loading, unloading, service, and storage of helicopters, including accessory
uses commonly associated with an airport terminal.
HIGH DENSITY DEVELOPMENT
A development with an Additional Dwelling Allowance permit.
HOME OCCUPATION
A business, profession, occupation, or trade that is conducted within a residential dwelling unit
for the economic gain or support of a resident of the dwelling, and is incidental and secondary to
the residential use of the lot.
HORIZONTAL SURFACE
For purposes of Section 5.10, Airport Height Restriction, the horizontal plane 150 feet above the
established airport elevation, the perimeter of which in plan coincides with the perimeter of the
horizontal zone.
HOSPITAL
An institution receiving inpatients and rendering medical care on a 24-hours-per-day basis. The
term includes general hospitals, sanitariums, sanatoriums, and institutions in which service is
limited to special fields, such as cardiac; eye, ear, nose, and throat; pediatric; orthopedic; skin;
cancer; mental; tuberculosis; chronic disease; and obstetrics. The facilities may also include
outpatient care, ambulatory care, offices of medical practitioners, adult day care, respite care,
medical day care and day care for sick children, gift shops, restaurants, and other customary
accessory uses. The term shall not include “adult day care center,” “assisted living facility,” or
“nursing home facility.”
HOTEL OR MOTEL
A building or a group of buildings in which six or more sleeping units are offered to the public
and intended primarily for use by transient persons or tourists on an overnight or short-term
lodging basis. Such uses may include kitchenettes, microwaves, and refrigerators within the
guest units.
INCIDENTAL SIGN
See “Sign, Incidental”.
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INDOOR RECREATION ESTABLISHMENT
A commercial establishment that provides indoor facilities for recreation, entertainment (except
adult entertainment), or amusement, including but not limited to: bowling alleys, pool rooms,
indoor sports gymnasiums, movie theaters and live theaters, indoor skating rinks, video
arcades, and indoor shooting ranges.
INOPERATIVE MOTOR VEHICLE
A motor vehicle which meets only one of the following criteria:
(A) Is presently unable to satisfy the vehicle inspection standards of the State of
North Carolina, regardless of whether the vehicle possesses a currently valid
inspection certificate. Motor vehicles which lack such an inspection certificate, or
which display an expired certificate, shall be presumed to be inoperative; or
(B) Is partially dismantled or wrecked; or
(C) Cannot be self-propelled or moved in the manner in which it originally was
intended to move.
INTEGRAL SIGN
See “Sign, Integral”.
INTENSIVE INDUSTRY
Uses listed under the heading “intensive industry” in the Table of Permitted Uses shall be
considered intensive industry uses.
INTERIOR LOT
See “Lot, Interior”.
JUNK YARDS, SCRAP PROCESSING
An establishment or place of business maintained, operated, or used for storing, keeping,
buying, or selling of junk materials such as old or scrap copper, brass, rope, rags, batteries,
paper, trash, rubber or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel,
or other old or scrap ferrous or non-ferrous metal.
KENNEL
An establishment, including doggy day cares, that engages in the business, for a fee, or
boarding, breeding, grooming, or training of more than three domesticated animals at any one
time; or an establishment in the business, for a fee, of selling more than one litter of
domesticated animals at any one time or the selling of any three individual domesticated
animals (not defined as litter herein) at any one time. The following shall not constitute the
operation of a kennel:
(A) The ownership of domesticated animals as household pets;
(B) The ownership of domesticated animals for hunting or tracking purposes;
(C) The ownership of domesticated animals for the purpose of exhibiting at shows,
obedience or field trials; and
(D) The ownership of domesticated animals for the purpose of protection of guarding
of residences or commercial establishments.
KINETIC SIGN
A sign that depicts motion either illusory or real.
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LABOR ORGANIZATION
An office or other establishment used by an organization, agency, committee, or group for the
purpose of undertaking activities on the behalf of employees of an industry or industries in
regard to collective contracts or general conditions of employment.
LAKES AND PONDS
Natural or artificial bodies of water which retain water year round. Artificial ponds may be
created by dams or may result from excavation.
LANDFILL, DEMOLITION
A sanitary landfill that receives, stores, and/or processes concrete, brick, wood, or other
construction and development debris materials.
LANDFILL, LANDSCAPE
A sanitary landfill that is limited to receiving, storing, and/or processing of stumps, limbs, leaves,
uncontaminated earth or other vegetative debris or earth materials.
LARGER THAN UTILITY RUNWAY
A runway that is constructed for and intended to be used by propeller driven aircraft of greater
than 12,500 pounds maximum gross weight and jet powered aircraft.
LIBRARY
A public and/or nonprofit facility in which literary, musical, artistic, or reference material such as,
but not limited to, books, manuscripts, computers, recordings, or films are kept for use by or
loaning to patrons of the facility, but are not normally offered for sale.
LIVE/WORK OR CARETAKER UNIT
A structure or portion of a structure that combines a nonresidential use that is allowed in the
zoning district with a residential living space for the owner of the commercial or manufacturing
business, or the owner’s employee, and that person’s household and where the resident owner
or employee of the business is responsible for the commercial or manufacturing activity
performed.
LIVESTOCK SALES
An establishment primarily engaged in the sale and distribution of livestock and may include
livestock auction sales.
LOCAL STREET
See “Street, Local”.
LODGES, FRATERNAL, & SOCIAL ORGANIZATIONS
An incorporated or unincorporated association for civic, social, cultural, religious, fraternal,
literary, political, recreational or like activities, operated on a nonprofit basis for the benefits of its
members, and certified as a non-profit organization by the Secretary of State of the State of
North Carolina.
LOT
One or more contiguous properties or portions thereof, not separated by a public right-of-way.
Such "lots" shall be of sufficient size to meet minimum zoning district requirements for use,
coverage, and area, and provide such yards and open space as are required for the location of
a principal building or use and its accessory buildings and uses. The word lot also includes the
words "plot" and "parcel".
LOT DEPTH
The mean horizontal distance between front and rear lot lines.
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LOT FRONTAGE
That portion of a lot abutting on a street, including the side dimension of a corner lot.
LOT OF RECORD
A lot which is part of a subdivision recorded in the Office of the Register of Deeds, or a lot or
parcel described by metes and bounds, the description of which is recorded.
LOT TYPES
Lot types include corner, interior, and through lots.
LOT, CORNER
A lot located at the intersection of two or more streets.
LOT, INTERIOR
A lot other than a corner lot with only one frontage on a street.
LOT, THROUGH
A lot other than a corner lot with frontage on more than one street. Through lots abutting
two streets may be referred to as double frontage lots.
MARINA, COMMERCIAL
Any dock or basin and associated structures commercially providing permanent or temporary
harboring or storing of two or more boats (pleasure and/or commercial), and providing marine
services, including but not limited to retail sales for fuel, repair, convenience food and rental
goods, boats, engines, and accessory boat and equipment rental.
MEDICAL AND DENTAL OFFICE AND CLINIC
Small-scale facilities or offices where patients are admitted for examination, diagnostic testing,
and treatment by one or more physicians, dentists, or other health practitioners on a short-term
basis. The use includes the offices of physicians, dentists, chiropractors, optometrists,
podiatrists, audiologists, speech pathologists, and other health practitioners. It also includes
facilities providing short-term outpatient care and treatment (which may or may not be
overnight), such as kidney dialysis centers, outpatient pain therapy clinics, biofeedback centers,
sleep disorder clinics, family planning clinics, community health clinics, and health maintenance
organization (HMO) medical clinics. Such facilities that provide overnight care and treatment
may include sleeping rooms for care workers and members of patients’ families. This use does
not include hospitals or massage therapy establishments.
MINING
(A) The breaking of the surface soil in order to facilitate or accomplish the extraction
or removal of mineral, ores, or other solid matter.
(B) Any activity or process constituting all or part of a process for the extraction or
removal of minerals, ores, soils, and other solid matter from their original
location.
(C) The preparation, washing, cleaning, or other treatment of minerals, ores, or other
solid matter so as to make them suitable for commercial, industrial or
construction use.
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The definition applies regardless of whether the mining activity is for a commercial or
noncommercial purpose, and regardless of size of the affected area. Activities such as
vibracoring, box coring, surface grab sampling, and other drilling and sampling for geotechnical
testing, mineral resource investigations, or geological research are not considered mining.
Excavation of mineral resources associated with the construction or maintenance of an
approved navigation project in accordance with 15A N,C.A.C. 7B .0200 is not considered
mining. Environmental remediation or reclamation projects or the removal of material incidental
to excavation and carried out pursuant to an approved site plan (as specified in Section 74-49
(7)(d) of the Mining Act of 1971) are exempt from this definition and shall be allowed in any
zoning district provided applicable state and local permits are acquired.
MINING & QUARRYING, HIGH INTENSITY
Mining operations with on-site processing, use of explosives, and/or that are more than 20 acres
in size.
MINING & QUARRYING, LOW INTENSITY
Mining operations no more than 20 acres in size with no on-site processing or use of explosives.
MINI-WAREHOUSE/SELF-STORAGE
A facility in which storage space such as rooms, lockers, and/or containers (storage units) are
rented to tenants, usually on a short-term basis (month-to-month), for profit. The term does not
include outdoor storage outside of a permanent structure.
MINOR SUBDIVISION
See “Subdivision, Minor”.
MIXED-USE RESIDENTIAL
A structure that combines a commercial unit or unit(s) with a separate residential dwelling unit or
units located on any floor except the ground floor.
MOBILE HOME
A moveable or portable dwelling not compliant with the North Carolina State Uniform Residential
Building Code and that is over 32 feet in length and over 8 feet wide, constructed to be towed
on its own chassis and designed without a permanent foundation for year-round occupancy.
The dwelling may include one or more components that can be retracted for towing purposes
and subsequently expanded for additional capacity or two or more units separately towable but
designed to be joined in one integral unit. This definition does not apply to the provisions of
Article 9: Flood Damage Prevention for “manufactured home”; for that meaning, see Section
9.5: Definitions.
MOBILE HOME AND PREFAB BUILDING SALES
A fixed location engaged in the display and sale of mobile homes or pre-fabricated buildings.
MOBILE HOME PARK
Any site or tract of land of contiguous ownership upon which manufactured home or travel trailer
spaces are provided in accordance with the requirements set forth in Section 4.3, Standards for
Specified Principal Uses. This definition does not apply to the provisions of Article 9: Flood
Damage Prevention for “manufactured home park”; for that meaning, see Section 9.5:
Definitions.
MOBILE HOME SPACE
A plot of land, the minimum size of which shall not be less than 5,000 square feet, designed to
accommodate a single mobile home within a mobile home park.
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MOBILE HOME SUBDIVISION
Any new development consisting of three or more contiguous lots for the purpose of locating
mobile homes and that is designed and approved pursuant to Article 6: Subdivision Design and
Improvements, and Article 10: Administrative Procedures. This definition does not apply to the
provisions of Article 9: Flood Damage Prevention for “manufactured home subdivision”; for that
meaning, see Section 9.5: Definitions.
MOBILE HOME, DOUBLEWIDE
A mobile home designed to be joined into one integral unit that measures at least 24 feet by 40
feet.
MOTOR FREIGHT TRANSPORTATION WAREHOUSING
A business, service, or industry involving the use of commercial vehicles in the loading,
unloading, and transportation of cargo. It may also include the fueling, maintenance, servicing,
storage, or repair of commercial vehicles, or the storage of cargo.
MULTI-MODAL TRANSPORTATION OPPORTUNITIES
Public transit, walking, bicycling, and/or water-oriented transit and the facilities necessary for
such uses.
MULTI-UNIT SIGN
See “Sign, Multi-Unit”.
MUSEUM
A facility for exhibiting, or an institution in charge of, a collection of books, or artistic, historical,
or scientific objects.
N.C.G.S
The North Carolina General Statutes.
NATURAL OPEN SPACE
Land set aside, dedicated, or reserved for public or private use with the intent to protect the
natural environment, protect water quality, provide environmental education, and provide habitat
for wildlife. Natural open spaces include natural features such as wetlands and conservation
overlay districts or otherwise undevelopable land.
NONCONFORMING BUILDING OR STRUCTURE (DIMENSIONAL NON-CONFORMITY)
A nonconforming situation which lawfully existed before the effective date of any provision of
this ordinance or subsequent amendment thereto, when the height, size, or minimum floor
space of a building or the relationship between an existing building and setbacks does not
conform to the regulations applicable to the district in which the property is located.
NONCONFORMING LOT
A lot which complied with the requirements of the regulations in existence at the time of its
creation, that does not currently comply with the minimum lot area requirements of the district in
which the lot is located.
NONCONFORMING PROJECT
Any structure, development, or undertaking that is incomplete on the effective date of a
provision of this ordinance and would be inconsistent with any regulations applicable to the
district in which it is located if completed as proposed or planned.
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NONCONFORMING SIGN
Any sign or sign structure which was lawfully erected and maintained in accordance with all
standards and provisions in effect at the time which fails to comply with the standards of Section
5.6, Signs, and any amendments thereto, and which fails to conform to any other applicable
provisions of this Ordinance.
NONCONFORMING SITUATION
A situation that occurs when an existing lot, structure, or use was lawfully created, but does not
conform to one or more of the regulations applicable to the district in which the lot or structure is
located.
NONCONFORMING USE
A nonconforming situation which lawfully existed before the effective date of any provision of
this ordinance or subsequent amendment thereto, which occurs when property is used for a
purpose or in a manner made unlawful by the permitted use regulations applicable to the district
in which the property is located or by other use regulations in this Ordinance.
NON-PRECISION INSTRUMENT RUNWAY
A runway having an existing instrument approach procedure utilizing air navigation facilities with
only horizontal guidance, or area type navigation equipment, for which a straight-in non-
precision instrument approach procedure has been approved or planned.
NORMAL HIGH WATER (NHW)
The ordinary extent of high tide based on site conditions such as presence and location of
vegetation, which has its distribution influenced by tidal action, and the location of the apparent
high tide line.
NURSING AND REHABILITATION CENTER
A home for chronic or convalescent patients, who, on admission, are not as a rule acutely ill and
who do not usually require special facilities such as an operating room, x-ray facilities,
laboratory facilities, and obstetrical facilities. A Nursing and Rehabilitation Center provides care
for persons who have remedial ailments or other ailments for which medical and nursing care
are indicated; who, however, are not sick enough to require general hospital care. Nursing care
is their primary need, but they will require continuing medical supervision. This term includes
nursing homes.
OBSTRUCTION
For purposes of Section 5.10, Airport Height Restriction, any structure, growth, or other object,
including a mobile object, which exceeds a limiting height set forth in Section 5.10, Airport
Height Restriction.
OFFICES FOR PRIVATE BUSINESS AND PROFESSIONAL ACTIVITIES
Establishments primarily engaged in the day-to-day administrative or clerical services for
businesses or other organizations that provide professional or other services to the general
public on a walk-in or appointment basis in an office setting.
OFFICIAL MAP OR PLANS
Any maps, plans, charts, or texts officially adopted by the County Board of Commissioners for
the development of New Hanover County.
OFF-PREMISES ADVERTISING
Any sign either free standing or attached to a structure that directs attention to a business,
commodity, service, entertainment or other activity conducted, sold, or offered elsewhere than
on the premises on which said sign is located.
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OFF-STREET PARKING SPACE
See “Parking Space, Off-Street”.
OUTDOOR ADVERTISING SIGN
See “Sign, Outdoor Advertising”.
OUTDOOR RECREATION ESTABLISHMENT
Uses that provide commercial recreation or amusement outdoors (except adult entertainment),
including but not limited to: drive-in movie theater, amusement park or theme park, fairgrounds,
miniature golf establishments, golf driving ranges, water slides, and batting cages.
OUTDOOR SHOOTING RANGE
An area of land reserved or specifically designed for the discharging of firearms (excluding
paintball guns) for the purposes of exhibition, training, educational, recreational, therapeutic, or
competition activities. Excluded from this use type shall be general hunting and the discharging
of firearms conducted solely by an individual property owner and/or their guest(s), provided no
fee is assessed for the activity.
OVERHEAD CANOPY
Any structure placed over, around, or near a fuel pump island or bank drive-thru and intended to
provide lighting and/or protection from the elements for island users shall be considered an
overhead canopy.
OWNER
The person or entity that owns land.
PARK AND RECREATION AREA
An area of land set aside for public use and enjoyment and consisting of facilities for passive
and/or active recreation, specifically excluding commercially operated recreational facilities.
This use does not include passive or active open spaces developed to be ancillary to residential
neighborhoods and developments.
PARKING SPACE, OFF-STREET
A space adequate for parking an automobile with room for opening doors on both sides,
together with properly related access to a public street or alley and maneuvering room.
PENNANT SIGN
See “Sign, Pennant”.
PERFORMANCE BOND
A performance bond from a surety financial guarantee company authorized to do business in
North Carolina, made issued or made payable to New Hanover County. The performance bond
shall be in a form reasonably acceptable to the County.
PERFORMANCE RESIDENTIAL DEVELOPMENT
A residential development varying from the dimensional requirements of conventional residential
development but not exceeding the density limit established in the applicable zoning district.
PERSON
Any individual, corporation, partnership, joint venture, trust, company, agency, unincorporated
association, organization, municipal corporation, county, state or federal agency, or any
combination thereof.
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PERSONAL SERVICES, GENERAL
Establishments primarily engaged in providing non-medical services to individuals involving the
care of a person or his or her personal goods or apparel, including barber shops, beauty salons,
nail care salons, tanning services, shoe and clothing repair, and drop off laundry services.
PHARMACY
A retail store with the primary function of selling or dispersing medicines and related medical
products that may offer other retail goods in addition to prescription pharmaceuticals.
PIER-HEAD LINE
A line established to limit the extension of piers into public waters in order to preserve the
citizens' use of those waters for commercial and recreational purposes. Piers may not be
constructed that extend into the channel portion of the water body and shall not extend more
than one-third the width of a natural water body or man-made canal or basin. However, piers
constructed along the Atlantic Intracoastal Waterway (AIWW) that are intended for public use or
for research or scientific studies affiliated with public or private universities and colleges may
extend to the minus 4.0-foot mean low water depth (-04.0' mlw) provided such extension is no
closer than 85 feet from and parallel to the edge closest to the pier of the official navigation
channel of said waterway as established by the United States Corps of Engineers. It shall be the
responsibility of the owner/petitioner to locate the setback line based upon accurate channel
surveys maintained by the Corps. Such piers shall conform with all other criteria established by
the North Carolina Coastal Resources Commission.
PLANNING DEPARTMENT
The New Hanover County Planning and Land Use Department.
PLANNING DIRECTOR
The New Hanover County Planning and Land Use Director, who is responsible for administering
and enforcing this Ordinance (see Section 10.1.6, Planning Director).
PLAT
Includes the map, plan, plat, replat, replot; a map or plan of a tract or parcel of land which is to
be, or which has been subdivided.
PLAT, FINAL
A map of a land subdivision prepared in a form suitable for filing of record with necessary
affidavits, dedications, and acceptances, and with complete bearings and dimensions of all lines
defining lots and blocks, streets and alleys, public areas and other dimensions of land required
by this UDO.
PLAZA AREA
An area adjacent to the roadway which serves as a physical barrier to direct the flow of traffic
and to separate highway traffic from the activity on private property.
PORTABLE OR MOVEABLE SIGN
See “Sign, Portable or Moveable”.
POST OFFICE
An office or station of a government postal system at which mail is received and sorted, from
which it is dispatched and distributed, and at which stamps are sold or other services rendered.
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PRECISION INSTRUMENT RUNWAY
A runway having an existing instrument approach procedure utilizing an Instrument Landing
System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a
precision approach system is planned and is so indicated on a approved airport layout plan or
any other planning document.
PRELIMINARY PLAN
A map of proposed land subdivision showing the character and proposed layout of the tract in
sufficient detail to indicate the suitability of the proposed subdivision of land.
PRIMARY SURFACE
A surface longitudinally centered on a runway. When the runway has a specially prepared hard
surface, the primary surface extends 200 feet beyond each end of that runway; for military
runways or when the runway has no specially prepared hard surface, or planned hard surface,
the primary surface ends at the each end of that runway. The width of the primary surface is set
forth in Section III of this Ordinance. The elevation of any point on the primary surface is the
same as the elevation of the nearest point on the runway centerline.
PRINCIPAL BUILDING
A building in which is conducted the principal use of the lot on which it is located.
PRINCIPAL SIGN
See “Sign, Principal”.
PRODUCE STAND
A single-vendor enterprise established to sell a variety of farm products directly to the public in a
single location for one or several off-site growers.
PROFESSIONAL ARCHEOLOGIST
A person who has a graduate degree in archaeology, anthropology, or a closely related field,
plus:
(A) At least one year of full-time professional experience or equivalent specialized
training in archaeological research, administration and management.
(B) At least four months of supervised field and analytic experience in general North
American Archeology; and
(C) Demonstrated ability to carry research to completion.
PROFESSIONAL HISTORIAN
A person who has a graduate degree in history or a closely related field, plus one of the
following:
(A) At least two years of full-time experience in research, writing, teaching,
interpretation or other demonstrable professional activity with an academic institution,
historic organization or agency, museum, or other professional institution; or
(B) Substantial contribution through research and publication to the body of scholarly
knowledge in the field of history.
PROJECTING SIGN
See “Sign, Projecting”.
RAILROAD FREIGHT DEPOT
A facility where freight is collected and transferred by rail.
Unified Development Ordinance | New Hanover County, NC 2-25
RAILROAD PASSENGER TERMINAL
A facility that receives and discharges railroad passengers.
RECREATIONAL OPEN SPACE
Land set aside, dedicated, or reserve for public or private use that are intended to provide
outdoor recreation opportunities or provide locations where the public is directly or indirectly
invited to gather, browse, sit, interact, or congregate.
RECREATIONAL VEHICLE
See Travel Trailer.
RECREATIONAL VEHICLE AND BOAT TRAILER STORAGE LOT
A ground level parking area on which recreational vehicles and boat trailers, with or without
boats, can be stored for a fee when not in use.
RECREATIONAL VEHICLE PARK
See Travel Trailer Park.
REGULATED TREE
See “Tree, Regulated”.
RELIGIOUS ASSEMBLY
A facility or area for people to gather together for public worship, religious training, or other
religious activities including a church, temple, mosque, synagogue, convent, monastery, or
other structure, together with its accessory structure(s), including a parsonage or rectory. This
use does not include home meetings or other religious activities conducted in and ancillary to a
privately occupied residence. Accessory uses may include meeting rooms and childcare
provided for persons while they are attending assembly functions. Schools and other childcare
services are not accessory uses and shall require approval as separate principal uses.
REPAIR SHOP
Establishments engaged in repairing and maintaining consumer electronics, computer and
office machines, household appliances, home and garden equipment, furniture, and related
equipment.
RESEARCH AND DEVELOPMENT FACILITY
An establishment that engages in research, or research and development, of innovative ideas in
medical, biological, technology-intensive, or similar fields. This use may include laboratories
and facilities for the construction of prototypes.
RESIDENTIAL PRIVATE PIER
A dock, pier, launching tamp, and/or supportive boating activity extending from a residential lot
into water adjacent thereto; the use of which is limited to members of the family of the lot owner
or his tenant and/or their invited guests.
RESTAURANT
Establishments where food and beverages are prepared and sold on a retail basis for
consumption on or off premises as its principal business.
RETAIL NURSERY
A facility or area for the displaying and sale of plant stock, seeds, or other horticultural items.
The growing of plant stock is not included in this definition.
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RETAIL SALES, BUILDING AND CONSTRUCTION SUPPLIES
Commercial enterprises providing building and construction supplies for sale directly to the
consumer. This use may include outdoor storage areas and ancillary leasing or renting of
equipment.
RETAIL SALES, GENERAL
Commercial enterprises that provide goods and/or services for sale, lease, or rental directly to
the consumer. Examples include stores selling, leasing, or renting consumer, home, and
business goods such as art, clothing, dry goods, electronic equipment, furniture, garden
supplies, hardware, jewelry, pet food, and printed material.
REVOLVING SIGN
See “Sign, Revolving”.
RIVER’S EDGE
The Normal High Water (NHW) level, as established by a field representative from the Division
of Coastal Management or by the New Hanover County Local Permit Officer when an
application for a CAMA permit has been submitted, measured from the water’s edge to the
proposed building elevation closest to and facing the river.
ROADS/STREETS
For the purposes of Article 6: Subdivision Design and Improvements, a right-of-way with
infrastructure for vehicular movement which is designed, dedicated, and constructed for public
or private use to a standard commensurate with its function. The functional classifications of
roads/streets are as follows:
STREET, ARTERIAL
Arterial road systems provide a higher speed, high volume network for travel between
two points of interest. The design covers a broader range of roadways, from two lane to
multi-lane, and is oriented more toward efficient mobility rather than property access.
Example: Market Street, College Road.
STREET, COLLECTOR
Collectors serve a dual purpose, collecting traffic for movement between arterial and
local streets and providing limited access to abutting properties. These streets not only
serve traffic movements between arterials and local streets, but through traffic within
local areas. Collector streets shall intersect with existing or planned collector or arterial
streets.
STREET, CUL-DE-SAC
A street open at one end that is planned, constructed, and operated for the sole purpose
of property access. Cul-de-sacs shall include a turnaround at the closed end of the street
to permit reverse direction. In the interest of public service delivery response, the total
length of a cul-de-sac shall be minimized. Example: Amelia Court.
STREET, ALLEY
Alleys provide side or rear access to individual parcels that front on a higher order street.
They are characterized by narrow right-of-way and travelway widths to accommodate
passenger vehicles and residential services at slow speeds. Alleys generally connect at
both ends to local or collector streets. In some instances, dead end alleys are
permissible with a vehicle turnaround at the terminus of the travelway. No permanent
parking is allowed. Alley example: Loring Alley.
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STREET, LOCAL
Local streets provide access to parcels and may be planned, constructed, and operated
for the function of property access and limited through traffic. Traffic volumes are largely
short trips or a relatively small part of longer trips where local streets connect with major
streets or highways of higher classifications. Street example: Mallow Road.
STREET STUBS
A dedicated right- of- way that abuts undeveloped property for the purpose of allowing
future access, connectivity, or to logically extend the street system into the surrounding
area. All street stubs designated as public or private shall be paved to the property line
in order to be counted toward the road connectivity requirements. Temporary access
bulbs to facilitate adequate turnaround consisting of an all weathered surface may be
required. Wings of bulb shall be removed when adjoining land is developed. No gates or
obstructions will be permitted. However, adequate signage installed by the developer to
warn motorists of dead end shall be required.
ROOF SIGN (INTEGRAL)
See “Sign, Roof (integral)”.
RUNWAY
A defined area on an airport prepared for landing and take-off of aircraft along its length.
SEASONAL SALES
The sale of merchandise outdoors for a definite time period and not associated with a principal
retail use. Seasonal sales can include the sale of such items as Christmas trees, pumpkins,
and similar seasonal or holiday-related products.
SENIOR LIVING: ASSISTED LIVING FACILITY
Any group housing and services program for two or more unrelated adults that makes available,
at a minimum, one meal a day and housekeeping services and provides personal care services
directly or through a formal written agreement with one or more licensed home care or hospice
agencies, in accordance with NCGS §131D-2.1.
SENIOR LIVING: CONTINUING CARE RETIREMENT COMMUNITY
A residential community that accommodates changing lifestyle preferences and health care
needs and offers several levels of assistance, including all of the following: independent living,
assisted living, and nursing home care. It provides a written agreement or long-term contract
between the resident and the provider community that offers assurance of a continuum of
housing, services, and health care, most commonly all on one campus, and frequently last for
the resident’s lifetime.
SENIOR LIVING: INDEPENDENT LIVING RETIREMENT COMMUNITY
A housing development that may contain a variety of housing types designed for and restricted
to occupancy by households having at least one member who is 55 years of age or older, living
independently. Facilities and services typically include features such as: security; lawn and
building maintenance; wellness, fitness, or spa services and facilities; central meeting areas;
programmed recreation or social facilities and activities; communal garden spots; AARP
Universal design or other similar characteristics. Minimal supportive services may also be
offered to residents in senior apartment facilities.
SEPTAGE, SLUDGE DISPOSAL
A site for the disposal of septage and/or sludge.
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SHOPPING CENTER
Two or more commercial establishments planned and constructed as a single unit with off-street
parking and loading facilities provided on the property and related in location, size, and type of
shops to the trade area which the unit serves.
SIGHT DISTANCE
Area at intersecting street that establishes a clear line of sight for a waiting vehicle to see
oncoming traffic and make turning movements into or out of street or driveway safely or for
traffic to see entering or waiting vehicles.
SIGN
Any device designed to inform or attract the attention of persons not on the premises on which
the sign is located.
SIGN, ANIMATED
Any sign which uses movement or change of lighting to depict action or to create a special
effect or scene (compare "flashing sign").
SIGN, BANNER
A suspended sign made of a flexible material such as canvas, sailcloth, plastic, or waterproof
paper.
SIGN, DIRECTIONAL (ON-PREMISES)
A sign or guide to direct pedestrian or vehicular traffic on the premises on which it is displayed.
Examples include "in," "out," "entrance," and "exit."
SIGN, FLAG
Refers to devices generally made of flexible materials such as cloth, paper or plastic, and
displayed on a flagpole.
SIGN, FLASHING
An illuminated sign of direct or indirect lighting on which the artificial light flashes on and off in
regular or irregular sequences.
SIGN, FLOATING
Any sign painted on or attached to any boat or structure which floats or is designed to float,
whether such boat or structure is self-propelled or not.
SIGN, INCIDENTAL
A single face or double face non-illuminated professional or announcement sign attached wholly
to a building, window, or door containing information relative to emergencies, store hours, credit
cards honored, and other similar accessory information.
SIGN, INTEGRAL
Names of buildings, dates of erection, monumental citations, tablets, and the like when carved
into stone, concrete or similar material or made of bronze, aluminum, or other permanent type
construction and made an integral part of the building.
SIGN, MULTI-UNIT
A freestanding sign which contains three or more identification signs for multi-occupancy
premises, such as a shopping center.
SIGN, OUTDOOR ADVERTISING
Any sign either free standing or attached to a structure which directs attention to a business,
commodity, service, entertainment, or other activity, conducted, sold, or offered elsewhere than
on the premises on which said sign is located.
Unified Development Ordinance | New Hanover County, NC 2-29
SIGN, PENNANT
A tapered or dovetailed banner or flag.
SIGN, PORTABLE OR MOVEABLE
A sign that is not permanently attached to the ground, a structure, or a building, and that can
easily be moved from one location to another and used for a temporary purpose.
SIGN, PRINCIPAL
A sign which directs attention to a business, commodity, service, entertainment, or other activity,
conducted, sold, or offered exclusively on the premises upon which the sign is located.
SIGN, PROJECTING
A sign end-mounted or otherwise attached to an exterior wall of a building or structure, and
which projects out from the wall.
SIGN, REVOLVING
A sign which revolves 360 degrees.
SIGN, ROOF (INTEGRAL)
Any sign erected or constructed as an integral part of a normal roof structure of any design,
such that no part of the sign extends vertically above the highest portion of the roof and such
that no part of the sign is separated from the rest of the roof by a space of more than six inches.
Chimneys or other similar features are not an integral part of a normal roof structure. An integral
roof sign shall be considered to be a wall sign and shall be subject to the regulations pertaining
to wall signage.
SIGN, SPECIAL PURPOSE
A temporary sign to announce sales, new products, openings, or closeouts, and other special
events.
SIGN, TEMPORARY
Sign permitted for a period not exceeding 12 months, including for sale, for rent, construction
company's name, subcontractor's names, architect's, and planner's names.
SIGN, TIME AND/OR TEMPERATURE
A sign containing numerals which may be alternately displayed to show the time and/or
temperature. A time and/or temperature sign shall not be considered a flashing or animated
sign; time and temperature signs shall not change or alternate messages more frequently than
once every three seconds.
SIGN, WALL
A sign which is attached flat to a wall or facade facing of a building and which projects not more
than eighteen inches from the wall.
SIGN, WINDOW
A sign attached directly onto the inside or outside of the window of a building, or placed inside
the window so that it is visible from the outside.
SITE SPECIFIC DEVELOPMENT PLAN
A land development plan approved by the County Commissioners following notice and public
hearing which describes with reasonable certainty the type and intensity of land use for a
specific parcel or parcels. Site specific development plans include performance residential
developments, special use permits, site plans (major and minor), and master plan
developments.
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SOLAR ENERGY COLLECTION FACILITY
A facility designed to meet energy demands for a large area and consisting of solar panels,
modules, and related equipment (e.g., heat exchanger, pipes, inverter, wiring, storage) that
collects solar radiation and transfers it as heat to a carrier fluid for use in hot water heating or
space heating and cooling, and/or that collects energy and converts it into electricity.
SPECIAL FUNDRAISING FOR NON-PROFIT ORGANIZATIONS
A temporary fundraising activity and/or sale conducted by a non-profit organization to support its
defined mission.
SPECIAL HIGHWAY
Any highway, such as but not limited to interstate corridors, freeways, arterials, and collectors,
designated by the County Commissioners for its scenic qualities and its ability to provide safe
and efficient traffic flow.
SPECIAL PURPOSE SIGN
See “Sign, Special Purpose”.
SPECIAL USE
A use that would not be appropriate generally as a right without restriction throughout a zoning
district, but which, if controlled as to number, area, location, or relation to neighborhood, would
promote the public health, safety, morals, or the general welfare.
SPECIFIED ANATOMICAL AREAS
1) Less than completely and opaquely covered human genitals, pubic region, buttock, and
female breast below a point immediately above the top of the areola; and 2) human male
genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
1) Human genitals in a state of sexual stimulation or arousal; 2) acts of human masturbation,
sexual intercourse, or sodomy; 3) fondling or other erotic touching of human genitals, pubic
region, buttock, or female breast.
SPECIMEN TREE
See “Tree, Specimen.”
STABLE
A facility for the keeping of horses for the private use of the residents or owners of the lot. This
use includes accessory boarding of horses.
STREET
In general, a dedicated and accepted public or private right-of-way for vehicular traffic which
affords the principal means of access to abutting properties. For the purposes of Article 6:
Subdivision Design and Improvements, see the definition for Roads/Streets.
STREET LINE
The right-of-way boundary of a street.
Unified Development Ordinance | New Hanover County, NC 2-31
STRUCTURE AND/OR BUILDING
Anything constructed or erected within a fixed location on the ground, or attached to something
having a fixed location on the ground. The terms building and/or structure shall be construed to
include porches, decks, carports, garages, sheds, roof extensions, overhangs extending more
than two inches, and any other projections directly attached to the structure and/or building. For
purposes of Section 5.10, Airport Height Restriction, a structure is any object, including a mobile
object, constructed or installed by man, including, but without limitation, buildings, towers,
cranes, smokestacks, earth formation, and overhead transmission lines. This definition does
not apply to the provisions of Article 9: Flood Damage Prevention; for that meaning, see Section
9.5: Definitions.
STRUCTURAL ADDITION TO A MOBILE HOME
Any roofed, canopied, enclosed porch and/or room or structure that is used in connection with a
mobile home. A concrete slab porch or open deck with no roof shall not be considered a
structural addition.
SUBDIVIDER
Any person, firm or corporation who subdivides any land.
SUBDIVISION
A "subdivision" shall include all divisions of a tract or parcel of land into two or more lots,
building sites, or other divisions when any one or more of those divisions are created for the
purpose, whether immediate or future, of sale or building development, and shall include all
divisions of land involving the dedication of a new street or a change in existing streets;
provided, however, that the following shall not be included within this definition nor be subject to
the regulations authorized by this UDO:
(1) the combination or recombination of portions of previously subdivided and recorded
lots where the total number of lots is not increased and the resultant lots are equal to or
exceed the standards of the County as shown in Article 6: Subdivision Design and
Improvements;
(2) the division of land into parcels greater than ten acres where no street right-of-way
dedication is involved;
(3) the public acquisition by purchase of strips of land for the widening or opening of
streets or for public transportation system corridors; or
(4) the division of a tract in single ownership whose entire area is no greater than two (2)
acres into not more than three (3) lots, where no street right-of-way dedication is
involved and where the resultant lots are equal to or exceed the standards of the County
as shown in Article 6: Subdivision Design and Improvements.
SUBDIVISION CONSTRUCTION PLANS
Plan, profile, and detail drawings sufficient to indicate the construction of all improvements
associated with the property to be subdivided, prepared by a professional, legally recognized by
a State of North Carolina licensing board as being licensed to perform such activities or
undertakings.
SUBDIVISION, MINOR
A minor subdivision is a subdivision
(1) involving not more than five lots, all of which front on an existing approved street; and
(2) not involving any new streets or prospectively requiring any new street for access to
interior property; and
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(3) not requiring drainage improvements or easements to serve the applicant's property
or interior properties.
SUNSHINE LIST
A list of email addresses on file with the Clerk to the Planning Board of persons or organizations
with a standing written request or subscription to receive public meeting notices.
SURFACE DRAINAGE
A drainage system consisting of culverts and open ditches.
TECHNICAL REVIEW COMMITTEE
A committee formed by the County Commissioners for the purpose site plan and subdivision
review as prescribed by this UDO (see Section 10.1.5, Technical Review Committee (TRC)).
Abbreviated as “TRC” in this Ordinance.
TEMPORARY REAL ESTATE OFFICE/MODEL
A dwelling, dwelling unit, or other marketable unit of a new development that is used for real
estate sales or leasing activities associated with the development.
TEMPORARY RELOCATION HOUSING
Temporary housing utilizing nonpermanent facilities for the displaced as a result of a natural or
other disaster.
TEMPORARY SIGN
See “Sign, Temporary”.
THROUGH LOT
See “Lot, Through”.
TIME AND/OR TEMPERATURE SIGN
See “Sign, Time and/or Temperature”.
TRANSITIONAL SURFACES
These surfaces extend outward at 90 degree angles to the runway centerline and the runway
centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of
the primary and approach surfaces to where they intersect the horizontal and conical surfaces.
Transitional surfaces for those portions of the precision approach surfaces, which project
through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured
horizontally from the edge of the approach surface and at 90 degree angles to the extended
runway centerline.
TRAVEL TRAILER
A wheeled vehicular portable structure built on a chassis designed to be used as a temporary
dwelling for travel and/or recreational purposes, including, but not limited to structures mounted
on auto or truck bodies that are commonly referred to as campers. Also referred to as
Recreational Vehicles, RVs, except for the purposes of Article 9: Flood Damage Prevention.
TRAVEL TRAILER PARK
Any site or tract of land upon which are located the minimum number of travel trailer spaces or
land area required by this ordinance regardless of whether or not a charge is made for such
service.
TRAVEL TRAILER SPACE
A plot of land within a travel trailer park designed for the accommodation of one travel trailer.
TREE
For purposes of Section 5.10, Airport Height Restriction, any object of natural growth.
Unified Development Ordinance | New Hanover County, NC 2-33
TRC
See “Technical Review Committee.”
TREE, UNDERSTORY
Any tree 40 feet at maturity capable of thriving in the lower light intensities found under the
canopy of shade/canopy trees.
TREE, REGULATED
Those trees of the size, species, and location to be protected under the development provisions
of Section 5.4, Landscaping and Buffering.
TREE, SPECIMEN
Any Live Oak tree that is 36” diameter at breast height (DBH) or larger.
TIMBER HARVEST
The felling, loading, and transportation of forest products, round wood or logs (Source: North
Carolina Division of Forest Resources)
UNDERSTORY TREE
See “Tree, Understory”.
USE VALUE
The North Carolina General Assembly enacted the "Land Use Program," which allows reduced
tax values for individually owned property used for certain purposes, including forestry. Basic
eligibility requirements are forestland consisting of one or more tracts, one of which consists of
at least 20 acres that is in actual production and are not included in a farm unit. A forestry
management plan is required. (Contact NHC Tax Administration for more information.)
UTILITY LINES, STRUCTURES, AND/OR FACILITIES; GENERAL
Lines, facilities, or structures engaged in the treatment, transmission, and/or distribution of
electricity, gas, steam, water, sewer, cable, or other utility not otherwise specified by this
ordinance.
UTILITY RUNWAY
A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500
pounds maximum gross weight and less.
VARIANCE
A relaxation of the terms of this Ordinance which permits development or construction in a
manner otherwise prohibited by this Ordinance where, owing to conditions peculiar to the
property and not the result of the action of the application, a literal enforcement of the ordinance
would result in unnecessary and undue hardship, issued in conformity with the provisions of
Section 10.3.11, Variance – Zoning and Subdivision. Such variances shall not authorize the
establishment or expansion of a use otherwise prohibited, nor shall a variance be granted
because of the presence of nonconformities in the zoning district or uses in an adjoining zoning
district. This definition does not apply to the provisions of Article 9: Flood Damage Prevention;
for that meaning, see Section 9.5: Definitions.
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VEGETATED BUFFER
For purposes of Section 5.7.5, Vegetated Buffer Controls for Conservation, an existing natural
area, or an area planted as recommended in the "Reference Lists and Publications for
Guidance in the Selection of Vegetated Buffer Plants", set forth in the County’s Standards for
Tree and Plant Materials for Landscaping, which preserves, protects, and restores water quality
and estuarine resources. These buffers are an effort to provide the following functions: filter
suspended solids, nutrients, bacteria, and other pollutants before entering surface waters;
provide soil stabilization; provide shading to assist in temperature regulation of estuarine waters;
provide wildlife habitat and aesthetic beauty.
VEHICLE SALES
A facility used primarily for the sale of consumer-oriented motor vehicles, such as automobiles,
pickup trucks, and motorcycles.
VEHICLE SERVICE STATION, LARGE VEHICLES
Repair of large vehicles such as commercial tractor trailer trucks, buses, etc., including
assembly or disassembly of engine parts, body parts, transmission, etc. and recapping of tires.
VEHICLE SERVICE STATION, MAJOR
Repair of small and/or personal vehicles consisting of assembly or disassembly of engine parts,
body parts, transmissions, chassis, axles, etc. and/or the process of painting or upholstering.
VEHICLE SERVICE STATION, MINOR
Repairs of small and/or personal vehicles consisting of a minor nature, such as tune ups, oil
changes, chassis lubrication, tire change or repair, wheel alignment, and muffler repair or
installation.
VEHICLE TOWING SERVICE AND STORAGE YARD
Any lot, structure, or the use of any portion of such lot or structure for the temporary outdoor
storage of towed vehicles that are to be claimed by the titleholders or their agents.
VESTED RIGHTS (ZONING)
The right pursuant to Section 153A-344.1, N.C.G.S, to undertake and complete the
development of property under the terms and conditions of an approved site specific
development plan. The duration of vesting shall not exceed two years unless expressly provided
for by the County.
VETERINARY SERVICE
A facility for the diagnosis and treatment of domestic and other animals including, but not limited
to, dogs, cats, birds, and horses; and the incidental grooming, boarding, or breeding of animals
may also be provided.
VISUAL RUNWAY
A runway intended solely for the operation of aircraft using visual approach procedures.
VOCATION OR TRADE SCHOOL
A public or private school offering vocational or trade instruction—such as teaching of trade or
industrial skills, clerical or data processing, barbering or hair dressing, computer or electronic
technology, or artistic skills—to students and that operates in buildings or structures or on
premises of land leased or owned by the educational institution for administrative purposes and
meets the State requirements for a vocational training facility. Such uses include classrooms,
laboratories, auditoriums, libraries, cafeterias, and other facilities that further the educational
mission of the institution.
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WALL SIGN
See “Sign, Wall”.
WALKING DISTANCE
A distance within which a pedestrian is able to travel between an origin and destination without
obstruction, in a safe and comfortable environment on a continuous network of sidewalks, all-
weather-surface footpaths, crosswalks, or equivalent pedestrian facilities and not be required to
cross a street with speed limits greater than 35 mph without signals or stop signs at crosswalks.
WAREHOUSING
The storing of goods, wares, and merchandise within an enclosed building, whether for the
owners or others. There is little on-site sales activity with the customer present. Uses include:
cold storage facilities (including frozen food lockers); distribution warehouses (used primarily for
temporary storage pending distribution in response to customer orders); storage warehouses
(used for storage by retail stores such as furniture and appliance stores); warehouse
storerooms; or similar uses.
WATER ORIENTED PARKING
A designated docking space provided by a commercial establishment for the express use of its
customers. Water-oriented parking shall only be allowed in conjunction with commercial
establishments that are located on navigable waters.
WATER SUPPLY WATERSHED
The entire land area that contributes to surface drainage and other runoff into a surface water
supply.
WATER TRANSPORTATION FACILITIES
A facility for passengers to enter or exit a ship, ferry, cruise ship, or boat that is utilized for the
movement of passengers through or across a body of water.
WAYFINDING SIGN
A sign of which the message is exclusively limited to guiding the circulation of and providing
direction for motorists or pedestrians within the site.
WHOLESALE NURSERY
A facility or area for the growing, displaying, and sale of plant stock, seeds, or other horticulture
items. This may include raising plants outdoors or in greenhouses for sale either as food or for
use in landscaping and retail sales.
WHOLESALING
Uses engaged in the wholesale sales, bulk storage, and distribution of goods. Such uses may
also include incidental retail sales. Wholesale showrooms are also included in this use
category.
WHOLESALING SEAFOOD WITH WATER FRONTAGE
Uses fronting a water way and engaging in the wholesale sales, bulk storage, and distribution of
seafood.
WIND DEVICE
Any flag, banner, balloon, pennant, streamer, or similar device that moves freely in the wind. All
wind devices are considered to be signs and are regulated and classified as attached or
detached by the same regulations as other signs.
WINDOW SIGN
See “Sign, Window”.
Unified Development Ordinance | New Hanover County, NC 3-1
Article 3: Zoning Districts
Section 3.1. General
3.1.1. ZONING MAP AND INTERPRETATION
A. Official Zoning Map
The planning jurisdiction of New Hanover County is divided into zones, or
districts, as described in this UDO and shown on the Official Zoning District
Map. The Official Zoning District Map is adopted by reference into this UDO.
The most current Official Zoning District Map shall be maintained by the
Planning and Land Use Department in digital or printed records and is
available for view on the New Hanover County website. The Official Zoning
District Map shall be the final authority as to the current zoning status of land
and water areas, buildings, and other structures in the County.
B. Maintenance and Replacement of Official Zoning Map
The Official Zoning District Map shall be maintained and periodically updated
by the Planning and Land Use Department when district changes are
approved in accordance with procedures set forth in Article 10: Administrative
Procedures. Updates shall be produced in conjunction with Amendments to
the Official Zoning District map (see Section 10.3.2, Zoning Map Amendment,
Section 10.3.3, Conditional Zoning, and Section 10.3.4, Master Planned
Development), or to correct documented errors or omissions. The date of the
most recent update shall be identified on the public version of the Official
Zoning District Map. All available records pertaining to its adoption or
amendment shall be preserved according to the County’s standard archiving
procedures.
C. Rules For Interpretation of District Boundaries
Where uncertainty exists as to the boundaries of zoning districts as shown on
the Official Zoning Distrait Map, the following rules shall apply:
1. Boundaries indicated as approximately following a street, alley, waterway,
or right-of-way shall be construed to be in the center of the street, alley,
waterway, or right-of-way, excepting water bodies not zoned by the
adjacent jurisdiction;
2. Boundaries indicated as approximately following the center lines of
streets or highways shall be construed to follow such center lines;
3. Boundaries indicated as approximately following the right-of-way of
streets or highways shall be construed as following such rights-of-way;
4. Boundaries indicated as approximately following the platted lot lines shall
be construed as following such lot lines;
5. Boundaries indicated as approximately following the County boundary
shall be construed as following such County boundary;
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6. Boundaries indicated as approximately following town limits shall be
construed as following such town limits;
7. Boundaries indicated as following railroad lines shall be construed to be
midway between the main tracks;
8. All areas within the jurisdiction of the County that are under water and are
not shown as included within any district shall be considered to be
included in the district immediately adjoining the water area and subject to
all its regulations. If the water area adjoins two or more districts, the
boundaries in each district shall be construed to extend into the water in a
straight line until they meet the boundaries of another district or the
jurisdictional limit;
9. Where physical or cultural features existing on the ground are at variance
with those shown on the Official Zoning District Map, or in other
circumstances not covered by subsection 1 through 8 above, the Board of
Adjustment shall interpret the district boundaries consistent with the intent
of the district or standards in question, and adopted plans or policies of
the County.
3.1.2. ESTABLISHMENT OF ZONING DISTRICTS
A. Zoning Districts
For the purposes of this UDO, portions of unincorporated New Hanover
County are hereby divided into the zoning districts identified in Table 3.2.1.A:
Zoning Districts.
Unified Development Ordinance | New Hanover County, NC 3-3
3.1.3. SUPERSEDING DIMENSIONAL STANDARDS
Dimensional standards for each zoning district are in tabular format in this article.
Notes within each table provide additional details where necessary, and rules for
measuring dimensional standards are in Section 2.1, Measurements. The
dimensional standards in this article apply generally, but may be superseded by
other standards in this Ordinance, including but not limited to the standards
identified in this section (3.1.3).
A. Use-Specific Standards
Superseding dimensional standards are set forth for some uses in Article 4:
Uses and Use-Specific Standards.
B. Structural Appurtenances
The height limitations contained in the table of dimensional standards for
each zoning district do not apply to antennas, water tanks, ventilators,
chimneys, or other appurtenances usually required to be placed above the
roof level and not intended for human occupancy.
C. Setback Requirements in Certain Commercial and Industrial Districts
Interior side setbacks and rear setbacks in the B-1, B-2, O&I, AC, I-1, and I-2
districts shall be as follows:
1. No interior side or rear setbacks are required for nonresidential structures
from lot lines shared with abutting nonresidential uses where the structure
and the abutting use are located within the B-1, B-2, O&I, AC, I-1, and I-2
districts.
2. A setback of 20 feet is required for any structure in the B-1, B-2, O&I, AC,
I-1, and I-2 districts from any lot line adjacent to a lot in a residential
district occupied by a nonresidential use.
3. Table 3.1.3.C.3: Interior Side and Rear Setbacks from Abutting
Residential Use or Platted Lot in Residential District, establishes the
setback requirements for structures in the B-1, B-2, O&I, AC, I-1, and I-2
districts from lot lines shared with abutting residential uses and/or platted
lots located within a residential zoning district. The setbacks in Table
3.1.3.C.3 may be reduced in accordance with Section 5.4.4, Transitional
3-4 New Hanover County, NC | Unified Development Ordinance
Buffers, but may not be reduced below the absolute minimum setback
specified in Table 3.1.3.C.3 (by use of the language “in no case less
than”).
D. Performance Residential Development
Performance Residential Developments are not subject to the minimum lot
size, minimum lot width, and front, rear, and side setback requirements in the
zoning district where they are located. Performance Residential
Developments shall comply with the standards in this section and with all
other applicable standards in this Ordinance.
1. Setbacks and Spacing
a. Buildings on the periphery of a Performance Residential Development
shall setback a minimum of 20 feet from the adjoining property line.
b. Single-family detached dwellings shall be spaced a minimum of ten
feet from each other, measured from the closest parts of the buildings.
c. No multiple dwelling unit shall be located closer than 20 feet to any
part of another dwelling unit.
2. Density
a. In calculating the density for a proposed Performance Residential
Development, the areas in subsections 1 and 2 shall first be
subtracted from the gross area of land to be committed to
development. In lieu of subtracting Dorovan, Johnston, and Pamlico
soils, the developer may choose to preserve 100 percent of such
areas as conservation space in accordance with Section 5.7,
Conservation Resources:
1. All natural lakes, ponds, rivers, or marshes; and,
Unified Development Ordinance | New Hanover County, NC 3-5
2. All areas of Class IV soils as defined in A Classification of Soils in
New Hanover County for Septic Tank Suitability. All calculations
shall be rounded to the nearest whole unit.
b. The density of clustered residential units shall not exceed 2.5 units
per net tract acre in areas classified Rural Residential place type,
Conservation place type, AE or VE special flood hazard areas, or
CAMA Estuarine Areas of Environmental Concern, except in the
areas of the site outside of the AE or VE special flood hazard areas or
CAMA Estuarine Areas of Environmental Concern, provided:
1. The number of units in the AE or VE special flood hazard areas or
CAMA Estuarine Areas of Environmental Concern shall be
reduced by an equal amount;
2. No areas designated as AE or VE special flood hazard areas,
CAMA Estuarine Areas of Environmental Concern, Rural
Residential place type, or Conservation place type shall have a
residential density that exceeds 2.5 units per acre; and
3. The overall density of the project shall not exceed the limits
specified in the respective residential zoning districts.
c. The density of clustered residential units shall not exceed 2.5 units
per net tract acre in areas classified Conservation, Rural, or Resource
Protection in the Wilmington - New Hanover Land-Use Plan, except in
Resource Protection or Rural areas, provided:
1. The number of units in the Conservation area shall be reduced by
an equal amount;
2. No portion of the project classified conservation shall have a
residential density that exceeds 2.5 units per acre;
3. The overall density of the project shall not exceed the limits
specified in the respective residential zoning districts.
d. For the purposes of subsection c above, the conservation area shall
include all lands following their natural topography that are at or below
the 100 year flood elevation as shown on the Flood Insurance Rate
Map and upland of any marsh line.
e. Any land designated as open space may be used in calculating the
density for a proposed development subject to the provisions of
Section 5.8: Open Space Requirements.
3. Drainage Plan
A drainage plan pursuant to Section 6.3.3.E, Surface Water Drainage,
shall be submitted to the County Engineer for approval.
4. Water and Sewage Disposal
Water supply and sewage disposal facilities shall be approved by the
County and appropriate local or state agency in accordance with Section
6.3.3.C, Sewage Disposal and Water Supply.
3-6 New Hanover County, NC | Unified Development Ordinance
5. Open Space
All undivided areas within the development (other than street rights-of-
way, parking, and structures) shall be designated as open space. Such
open space shall be offered to the public or encumbered for the perpetual
benefit of the residents in accordance with the requirements of Section
5.8, Open Space Requirements.
6. Private Streets
Private streets will be permitted in Performance Residential
Developments; however, dedication of public streets and utility
easements may be required if such are indicated on the official plans as
adopted by New Hanover County or any municipality therein or if it is
determined by the County Planning Board that such public streets or
easements are necessary.
7. Homeowners Association
A homeowners association meeting the following requirements shall be
established:
a. When a plat or map is to be recorded, the maps or plat shall contain a
Certificate indicating the book and page number of the homeowners
association covenants, conditions and restrictions;
b. Responsibilities for maintenance of private streets, open space,
recreation facilities, and other common areas shall be specified;
c. Responsibilities for exterior maintenance of attached dwelling units
shall be specified; and
d. The Association shall be authorized to rebuild damaged or destroyed
portions of structures containing attached dwelling units when the
individual owner fails to do so.
8. Development Approval
a. An application for a Performance Residential Development shall be
submitted and reviewed as a major subdivision application in
accordance with Section 10.3.7, Subdivision, provided, an applicant
may submit a major site plan application in accordance with Section
10.3.6, Site Plan, prior to submittal of a preliminary plan application in
accordance with subsection 2 below.
b. If the proposed Performance Residential Development includes more
than 150 dwelling units, the applicant may seek approval of a major
site plan in accordance with Section 10.3.6, Site Plan, as modified by
subsections a through c below, prior to submittal of a preliminary plan
application.
1. The applicant shall include a statement in the application that the
applicant seeks a vested right in accordance with N.C.G.S. §§
153A-344.1.
Unified Development Ordinance | New Hanover County, NC 3-7
2. The TRC shall review the major site plan application and make a
recommendation to the Planning Board based on 10.3.6.F, Site
Plan Review Standards.
3. The Planning Board shall provide notice for and conduct a public
hearing on the requested vested right in accordance with the
requirements in N.C.G.S. §§ 153A-344.1, and shall make a
decision on the application in accordance with 10.3.6.F, Site Plan
Review Standards.
c. If the Planning Board approves a major site plan in accordance with
subsection b above, a vested right shall be established which shall
confer upon the applicant the right to develop the total number of
dwelling units approved, and the general type (single-family detached
or attached, townhouses, apartments, patio homes, etc.) of units
approved, in accordance with the approved site plan, for a period of
five years. The following shall not vest, but shall be presumed to be
valid in the review of subsequent preliminary plan applications,
subject to engineering and environmental considerations:
1. The location of collector roads;
2. The general location and density of the various types of dwellings.
d. Revisions for Performance Residential developments shall be
reviewed the same as an original submittal. Such revisions shall be
limited to those areas still owned by the developer. Density
calculations shall not include land areas already platted and/or sold.
E. Additional Dwelling Allowance
Development is permitted up to the maximum densities set forth in Section
3.1.3.E.1, Site Capacity, subject to approval of a special use permit in the R-
20, R-15, R-10, and O&I districts, and in a Planned Development (PD) District
in accordance with the applicable MPD Master Plan and MPD Terms and
Conditions document, provided the development complies with the standards
in this section (3.1.3.E).
1. Site Capacity
a. Site capacity for any proposed additional dwelling allowance is equal
to the base site area multiplied by the density factor outlined below.
The purpose of this section is to determine the extent to which a site
may be used given its location and physical characteristics.
b. Base site area shall be determined by subtracting the acreage of the
following features from the gross site area as determined by an actual
on-site survey of the parcel:
1. Water bodies and other areas below mean high water line, if
tidally influenced, or below mean water line, if non-tidally
influenced;
2. Land used as open space in prior residential development(s); and
3. Land used for commercial, office and institutional, and light
industrial purposes in a PD district.
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c. The maximum number of dwelling units that may be built shall be
determined by multiplying the base site area by the appropriate
density factor in Table
d. Residential units shall not be clustered at a density greater than 2.5
units per base site acre in the AE or VE special flood hazard areas or
CAMA Estuarine Areas of Environmental Concern.
2. Location and Access
a. Developments allowed an additional dwelling allowance shall be
located on a parcel of land that is either totally or primarily in,
contiguous to, or within 250 feet of, the boundary of areas classified
as Employment Center, Urban Mixed Use, or Community Mixed Use
place types in the Comprehensive Plan.
b. The development shall have direct access to and from an existing
major or minor arterial as indicated on the Wilmington MPO
Functional Classification Map. This direct access requirement will be
satisfied if:
1. One or more property boundary lines is contiguous with and
utilizes access to and from an existing major or minor arterial; or
2. The development accesses an existing major or minor arterial
roadway by a NCDOT-maintained public street, or by a private
street designed and constructed in accordance with the County’s
minimum standards for a collector road.
c. All interior drives shall be designed so as to provide adequate access
for emergency service vehicles.
3. Required Open Space and Improved Recreational Land
a. Minimum Requirements
1. Table 3.1.3.E.3.a.1: Required Minimum Open Space or Improved
Recreational Land, establishes the minimum amounts of the base
site area (see subsection 1 above) that shall be either open space
or improved recreational land.
Unified Development Ordinance | New Hanover County, NC 3-9
2. If the development shall consist of detached single family units on
subdivided lots no less than 6,000 square feet, however, the
above minimum amounts for open space or improved recreational
land may be reduced by one-half.
b. Improved Recreational Land Standards
Improved recreational land required by subsection a above, shall
consist of grassed and landscaped areas or area occupied by
recreational activities. Recreational activities may include, but are not
limited to, swimming pools, tennis courts, golf courses, ball fields,
basketball courts, soccer fields, tot lots, and community recreational
buildings. The amount of improved recreational land shall be equal to
at least 15 percent of the base site area.
c. Open Space Standards
The following additional types of permanent open space shall be
provided and may be used to meet the minimum total amount of open
space required by subsection a above:
1. 100-Year Flood Plains: The determination of all flood plain
boundaries shall be based on areas of special flood hazard as
determined in Article 9:: Flood Damage Prevention. At least 50
percent of such areas shall be permanent open space.
2. Lake and Pond Shorelines: The shorelines of lakes and ponds
consist of the area within 50 feet inland of the mean water line. At
least 25 percent of all such areas shall be permanent open space.
3. Waterfront Shorelines: Waterfront shorelines consist of the area
within 75 feet inland of the man high water mark of sounds,
estuaries, or the ocean. At least 25 percent of all such areas shall
be permanent open space.
4. Conservation Resource Areas: Conservation resources consist of
those important environmental resources described in Section 5.7,
Conservation Resources. The minimum amounts that shall
remain conservation space shall be calculated as described in
Section 5.7.
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5. Other Areas: Other land areas shall be designated open space as
needed to satisfy the minimum total required amount. Land areas
smaller than 1,000 square feet and parking lots may not be
counted as satisfying the minimum open space requirement.
6. Open space, with the exception of Conservation Resource areas,
may be improved and used to satisfy the requirements for
improved recreational land.
7. Open space shall remain undivided and be reserved and used in
accordance with Section 5.8, Open Space Requirements.
4. District Improvement Requirements
Minimum improvements set forth in Table 3.1.3.E.4: Required Minimum
District Improvements, shall be required to be constructed in accordance
with the standards set by the county or appropriate local or state agency.
5. Setbacks and Maximum Height
a. Maximum allowable height for structures shall be 40 feet. However,
the maximum allowable height for piling supported primary structures
located in “Coastal High Hazard Areas, V-Zones” and/or Ocean
Hazard Areas as defined by the Coastal Resources Commission shall
be 44 feet.
b. The required minimum setback for developments with an Additional
Dwelling Allowance shall not be less than 25 feet.
c. When such projects are located and adjacent to any existing detached
residential development (not including Mobile Home Parks, other
developments with an Additional Dwelling Allowance or High Density
Development special use permit, or General Planned Development
districts), structures over 25 feet in height shall be setback a distance
equal to the height of the structure.
d. In no case shall any part of a detached single-family dwelling unit be
located closer than 10 feet to any part of any other detached single-
Unified Development Ordinance | New Hanover County, NC 3-11
family dwelling, and in no case shall any part of an attached dwelling
unit be located closer than 20 feet to another dwelling unit.
6. Other Development Standards
a. Buffer strips shall be required in accordance with Section 5.4,
Landscaping and Buffering.
b. Parking shall be provided in accordance with Section 5.1, Parking and
Loading.
c. Signs shall be in accordance with Section 5.6, Signs.
d. Sewage disposal facilities shall be in accordance with the
requirements for utility lines and facilities outlined in Section 4.3.3.I,
Utilities.
7. Homeowners Association
A homeowners association meeting the following requirements shall be
established:
a. When a plat or map is to be recorded, the maps or plat shall contain a
Certificate indicating the book and page number of the homeowners
association covenants, conditions and restrictions;
b. Responsibilities for maintenance of private streets, open space,
recreation facilities, and other common areas shall be specified;
c. Responsibilities for exterior maintenance of attached dwelling units
shall be specified; and
d. The Association shall be authorized to rebuild damaged or destroyed
portions of structures containing attached dwelling units when the
individual owner fails to do so.
8. Submittal and Review Requirements
a. When a development proposal is submitted under this section, it shall
be reviewed in accordance with the same standards as established in
this ordinance for subdivisions even if the project does not involve the
subdivision of land. The Technical Review Committee shall review
such plans in addition to board approval of the special use permit.
b. A site plan conforming to the requirements of Section 10.3.6, Site
Plan, shall be submitted and shall include the approximate delineation
of Corps of Engineers Section 404 and Section 10 wetlands.
c. A drainage plan pursuant to Article 6: Subdivision Design and
Improvements, and the County’s Stormwater Management Ordinance
shall be submitted.
d. Revisions for development plans with an Additional Dwelling
Allowance shall be reviewed the same as an original submittal in
accordance with the site plan requirements. Such revisions shall be
limited to those areas still owned by the developer. Density
calculations shall not include land areas already platted and/or sold.
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F. Special Density Exception for Pre-Existing Utility Parcels
a. This exception applies in all residential districts.
b. For parcels within older subdivisions where water, septic or other
utilities were provided privately in the original development, and where
public services are now available to free those utility parcels from their
original purposes, a special exception may allow for the development
of those parcels formerly dedicated to a community service other than
recreation. All of the following conditions and limitations must be in
evidence in order to be granted a special exception under this section:
1. The major residential subdivision must have been approved and
the final plat recorded prior to July 7, 2002;
2. One or more of the parcels on the recorded final plat was
designated for private well site(s), communal septic drain field(s),
or other utility parcel necessary to serve the original subdivision
and the acreage of the parcel was included in calculating the
allowable density for the subdivision;
3. The parcel meets the minimum requirements of this ordinance;
and
4. The accommodation of those services or utilities has been
otherwise met by public providers since the subdivision was
developed.
c. If all the conditions and limitations listed above are met, the former
utility parcel(s) may be converted to building lot(s) within the
subdivision subject to the following requirements:
1. The density approved for the original subdivision may not be
increased by special exception more than a total of three
additional dwelling units in any eligible subdivision.
2. Utility parcels shown on the final subdivision plat during the period
of eligibility may not be further divided for the purposes of adding
dwelling units.
3. Public water and sewer services must be readily available to serve
the entire subdivision.
4. Each lot must front on a dedicated street right-of-way.
5. No part of any parcel considered for special exception shall have
been designated open space or recreational space for the
approved subdivision which they served.
6. Development of any lot subject to this exception must be of a
character consistent with the scale and design of pre-existing
development in the neighborhood.
7. All lots are subject to conservation resources regulations and may
be ineligible for this special exception based upon inability to meet
those standards.
d. Special exceptions are not allowed in the following situations:
Unified Development Ordinance | New Hanover County, NC 3-13
1. Any subdivision for which the courts have established a specified
density.
2. Parcels located in a special flood hazard area.
3. When development of new lot(s) is inconsistent with the
Comprehensive Plan.
e. Approval of a special density exception shall be an administrative
decision made in conformance with the standards outlined in Section
10.3.8: Zoning Compliance Approval.
Section 3.2. Residential Zoning Districts
3.2.1. INTENT
The residential zoning districts are intended to:
A. Provide appropriately located areas for residential development that are consistent
with the adopted New Hanover County Comprehensive Plan and with the public
health, safety, and general welfare;
B. Ensure adequate light, air, and privacy for all dwelling units;
C. Protect the scale and character of existing residential neighborhoods and the
community; and
D. Establish standards and dimensions for the creation of a variety of housing types;
E. Protect residential districts from flooding and other adverse environmental impacts;
F. . Provide for the public services and facilities needed to serve residential
development;
G. Provide for safe and efficient vehicular and pedestrian access and circulation.
3.2.2. ESTABLISHED RESIDENTIAL ZONING DISTRICTS
The residential base zoning districts established by this UDO are identified in Table
3.3.2: Established Residential Zoning Districts
3-14 New Hanover County, NC | Unified Development Ordinance
3.2.3. RESIDENTIAL DISTRICT SPECIFIC STANDARDS
A. Storage of Inoperative Motor Vehicles
It shall be unlawful for any person to store, keep, or maintain more than one inoperative
motor vehicle in any residential district.
1. Storage of Inoperative Motor Vehicles
It shall be unlawful for any person to store, keep, or maintain more than
one inoperative motor vehicle in any residential district.
2. Non-Residential Off-Street Parking
Non-residential off-street parking shall be permitted in residential districts
provided with a special use permit issued in accordance with Section
10.3.5: Special Use Permit:
a. The sites shall be used solely for ground level parking in conjunction
with the principal use as opposed to paid parking lots, loading
facilities, etc.
b. Access to the site shall be limited through the principal use site, shall
be prohibited through residential areas, and shall be placed within the
common boundary with the principal use.
c. The site shall be adjacent to the principal use site for at least a
minimum distance of 25 feet.
d. No point of the proposed parking site shall be further than 200 feet
from any and all points of the non-residential zoning district boundary,
not including any intervening street right-of-way.
e. The site shall be located no closer than 50 feet from any street right-
of-way other than that to which the principal use is adjacent.
f. The site shall be located within the same parcel or group of parcels
under the same ownership as the principal use.
g. A minimum buffer of 10 feet shall be provided in accordance with
provisions of Section 5.4.4: Transitional Buffers.
h. Lighting requirements, as outlined for non-residential uses, outlined in
Section 5.5: Exterior Lighting, shall be met.
Unified Development Ordinance | New Hanover County, NC 3-14
3.2.4. RURAL AGRICULTURAL (RA) DISTRICT
A. Purpose
The purpose of the Rural Agricultural (RA) District is to:
Allow very low density single family residential development that is compatible in scale and
character to rural and agricultural settings;
Encourage rural farming activities and the preservation of open space; and
Preserve the rural areas and development patterns of New Hanover County through the
continued review of the impact of proposed development.
The district is designed to promote exurban, low density residential development not requiring public
infrastructure or services while maintaining prime farm land and a rural lifestyle.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards
Standard All Uses
Lot area, minimum (square feet)* 30,000
1 Lot width, minimum (feet)* 115
2 Front setback (feet)* 40
3 Side setback, street (feet)* 30
4 Side setback, interior (feet)* 20
5 Rear setback (feet)* 30
Density, maximum (dwelling units/acre)** 1
Building height, maximum (feet)*** 35
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Applies only to Performance Residential Developments (see Section 3.1.3.D).
*** Piling support structures located in Coastal High Hazard Areas, V-Zones, or Coastal A Zones, as defined by
Article 9: Flood Damage Prevention, shall have a maximum height of 44 feet.
Unified Development Ordinance | New Hanover County, NC 3-15
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
4
4
5
5
2
2
3
1
1
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3.2.5. AIRPORT RESIDENTIAL (AR) DISTRICT
A. Purpose
The Airport Residential (AR) District is established for the purpose of limiting the development of land
within the vicinity of Wilmington International Airport to low density residential development. In
promoting the general purpose of this district, its specific intent is to:
Minimize airport hazards by limiting dense residential development;
Prohibit the development of places of assembly such as schools, hospitals, rest homes or
other uses that tend to concentrate large numbers of people;
Promote the health, safety, and general welfare of County residents by preventing the
establishment of hazards to airport activities by safeguarding the lives and property of both
the users of the airport and nearby residents; and
Prevent destruction or impairment of the utility of the airport and the public’s investment in it.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards
Standard All Uses
Lot area, minimum (square feet) 43,560
1 Lot width, minimum (feet) 100
2 Front setback (feet) 25
3 Side setback, street (feet) 30
4 Side setback, interior (feet) 20
5 Rear setback (feet) 30
6 Building height, maximum (feet) 35*
* Unless otherwise specified in Section 5.10, Airport Height Restriction.
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E. Other District Standards
1. Lighting
a. Any pulsating, flashing, rotating, oscillating, or other type of light
intended as an attention-getting device shall be expressly prohibited.
b. Flood lights, spot lights, or other lighting devices shall be arranged or
shielded so as not to cast illumination in an upward direction above an
imaginary line extended from the light source parallel to the ground.
2. Radio and Electronic
a. Any radio or electronic device shall be permitted only in conjunction
with a valid license or other authorization as may be issued by the
Federal Communications Commission (FCC).
b. Any radio or electronic device, the operation of which would violate
any rules or regulations of the FCC is prohibited.
3. Visual Hazards
Any operation or use that emits smoke, dust, or creates glare or other
visual hazards is prohibited.
4
4
5
5
2
2
3
1
1
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F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
3-20 New Hanover County, NC | Unified Development Ordinance
3.2.6. RESIDENTIAL 20S (R-20S)
A. Purpose
The purpose of the R-20S Residential (R-20S) District is provide lands to accommodate primarily
very low density single-family development. The intent of the district regulations are to allow
development that is compatible with the preservation of the district’s very low density single-family
character, while accommodating residential opportunities for those who desire an exurban, low-
density lifestyle. District residents should be willing to assume the costs of providing many of their
own services and amenities while maximizing the protection of resources and the conservation of
open space.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards
Standard All Uses
Lot area, minimum (square feet) 20,000
1 Lot width, minimum (feet) 90
2 Front setback (feet) 30
3 Side setback, street (feet) 22.5
4 Side setback, interior (feet) 15
5 Rear setback (feet) 25
Building height, maximum (feet) 35*
* Piling support structures located in Coastal High Hazard Areas, V-Zones or Coastal A Zones as defined by
Article 9: Flood Damage Prevention, shall have a maximum height of 44 feet.
Unified Development Ordinance | New Hanover County, NC 3-21
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
4
4
5
5
2
2
3
1
1
3-22 New Hanover County, NC | Unified Development Ordinance
3.2.7. RESIDENTIAL 20 (R-20) DISTRICT
A. Purpose
The purpose of the Residential-20 (R-20) District is provide lands that accommodate primarily very
low density residential development and recreational uses. District regulations discourage
development that substantially interferes with the quiet residential and recreational nature of the
district.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards
Standard Single Family Detached Duplex
Lot area, minimum (square feet)* 20,000 20,000
1 Lot width, minimum (feet)* 90 90
2 Front setback (feet)* 30 30
3 Side setback, street (feet)* 22.5 22.5
4 Side setback, interior (feet)* 15 15
5 Rear setback (feet)* 25 25
Density, maximum (dwelling units/acre)** 1.9
Building height, maximum (feet)*** 35
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Applies only to Performance Residential Developments (see Section 3.1.3.D).
*** Piling support structures located in Coastal High Hazard Areas, V-Zones, or Coastal A Zones, as defined by
Article 9: Flood Damage Prevention, shall have a maximum height of 44 feet.
Unified Development Ordinance | New Hanover County, NC 3-23
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
4 5
5 4
2
2
3
1
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3-24 New Hanover County, NC | Unified Development Ordinance
3.2.8. RESIDENTIAL 15 (R-15) DISTRICT
A. Purpose
The purpose of the Residential-15 (R-15) District is established to provide lands that accommodate
very low to low density residential development that can serve as a transition between very low
density residential development patterns and smaller lot, more dense residential areas of the County.
District regulations discourage development that substantially interferes with the quiet residential and
recreational nature of the district.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards
Standard Single Family Detached Duplex
Lot area, minimum (square feet)* 15,000 25,000
1 Lot width, minimum (feet)* 80 80
2 Front setback (feet)* 25 25
3 Side setback, street (feet)* 15 15
4 Side setback, interior (feet)* 10 10
5 Rear setback (feet)* 20 20
Density, maximum (dwelling units/acre)** 2.5
Building height, maximum (feet)*** 35
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Applies only to Performance Residential Developments (see Section 3.1.3.D).
*** Piling support structures located in Coastal High Hazard Areas, V-Zones, or Coastal A Zones, as defined by
Article 9: Flood Damage Prevention, shall have a maximum height of 44 feet.
Unified Development Ordinance | New Hanover County, NC 3-25
E. Other District Standards
Any lot in any subdivision platted and recorded prior to May 3, 1976 shall not be more than ten
percent less than the minimum lot area and minimum lot width established within the R-15 district,
provided said lots are served by a community water system.
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
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5 4
2
2
1
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3-26 New Hanover County, NC | Unified Development Ordinance
3.2.9. RESIDENTIAL 10 (R-10) DISTRICT
A. Purpose
The purpose of the Residential-10 (R-10) District is to provide lands that accommodate new
residential neighborhoods and encourage the conservation of existing residential lots and
neighborhoods. Neighborhoods in the R-10 District are relatively low density in character and include
a limited mix of single family and duplex housing types. If public water is not available, the water
system infrastructure must be installed in accordance with County standards and connected when a
public supply becomes available. R-10 district lands may be established in proximity to neighborhood
or community commercial districts to encourage the establishment of walkable development
patterns.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards
Standard Single Family Detached Duplex
Lot area, minimum (square feet)* 10,000 15,000
1 Lot width, minimum (feet)* 70 70
2 Front yard, minimum (feet)* 25 25
3 Street side yard, minimum (feet)* 12.5 12.5
4 Interior side yard, minimum (feet)* 5 5
5 Rear yard, minimum (feet)* 20 20
Density, maximum (dwelling units/acre)** 3.3
Building height, maximum (feet)*** 35
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Applies only to Performance Residential Developments (see Section 3.1.3.D).
*** Piling support structures located in Coastal High Hazard Areas, V-Zones, or Coastal A Zones, as defined by
Article 9: Flood Damage Prevention, shall have a maximum height of 44 feet.
Unified Development Ordinance | New Hanover County, NC 3-27
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
4
5
5
4
2
2
3
1
1
1
1
2
2
3
5
5
4
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3-28 New Hanover County, NC | Unified Development Ordinance
3.2.10. RESIDENTIAL 7 (R-7) DISTRICT
A. Purpose
The purpose of the Residential-7 (R-7) District is to provide lands that accommodate moderate
density residential development with a range of housing types (and income levels, including quality
affordable housing), that are located walkable distances to jobs, shopping, and entertainment, and
where appropriate, serve as a transition between more intensive and lower density areas. Residential
development at the scale allowed in the district should support the efficient delivery of public services
and increase residents’ accessibility to employment, public transportation, and shopping.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards
Standard All Uses
Lot area, minimum (square feet)* 7,000
1 Lot width, minimum (feet)* 50
2 Front setback (feet)* 25
3 Side setback, street (feet)* 12.5
4 Side setback, interior (feet)* 8
5 Rear setback (feet)* 20
Density, maximum (dwelling units/acre)** 6
Building height, maximum (feet)*** 35
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Applies only to Performance Residential Developments (see Section 3.1.3.D).
*** Piling support structures located in Coastal High Hazard Areas, V-Zones, or Coastal A Zones, as defined by
Article 9: Flood Damage Prevention, shall have a maximum height of 44 feet.
Unified Development Ordinance | New Hanover County, NC 3-29
E. Other District Standards
1. Development shall have direct access to at least one roadway classified as
an arterial or collector on the most recent Wilmington MPO Functional
Classification Map or to a roadway built to County or NCDOT collector street
standards.
2. When a development proposal is submitted for this district, it shall be
reviewed in accordance with the same standards as established in Section
6.2: Design Standards even if the project does not involve the subdivision of
land.
3. All R-7 developments shall provide the following public improvements,
constructed in accordance with the standards set by the Cape Fear Public
Utility Authority, County, or appropriate local or state agency:
i. CFPUA water
ii. CFPUA sewer
iii. Maximum impervious surface ratio for gross site area: 0.50
iv. Sidewalks on all roads within district
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3-30 New Hanover County, NC | Unified Development Ordinance
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
3-32 New Hanover County, NC | Unified Development Ordinance
3.2.11. RESIDENTIAL MODERATE-HIGH DENSITY (R-5) DISTRICT
A. Purpose
The purpose of the Residential Moderate-High Density (R-5) District is to provide lands that
accommodate moderate to high density residential development on smaller lots with a compact and
walkable development pattern. The R-5 district allows a range of housing types and can be
developed in conjunction with a non-residential district to create a vertical mixed-use development
pattern as well as serve as a transition between mixed-use or commercial development and low to
moderate density residential development.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards
Standard Single Family
Detached Duplex Triplex Quadraplex
Lot area, minimum (square feet)* 5,000 7,500 12,500 17,500
1 Lot width, minimum (feet)* 50
2 Front setback (feet)* 20
3 Side setback, street (feet)* 10.5
4 Side setback, interior (feet)* 7
5 Rear setback (feet)* 15
Density, maximum (dwelling units/acre)** 8
Building height, maximum (feet) 35
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Applies only to Performance Residential Developments (see Section 3.1.3.D).
Unified Development Ordinance | New Hanover County, NC 3-33
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
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1
2
2
3
5
5
4
4
3-34 New Hanover County, NC | Unified Development Ordinance
3.2.12. RESIDENTIAL MULTI-FAMILY LOW DENSITY (RMF-L) DISTRICT
A. Purpose
The purpose of the Residential-Multi-Family Low Density (RMF-L) District is provide lands that
accommodate moderate density single family and low density multi-family development of varying
types and designs. The intent is that the RMF-L district will provide options for alternative housing
types near or in direct relationship to single-family detached development.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are established in
Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards
Standard Single Family
Detached
Duplex Triplex Quadraplex Multi-Family
Lot area, minimum (square feet)* 5,000 7,500 12,500 17,500 20,000
1 Lot width, minimum (feet)* 50 100
2 Front setback (feet)* 20 35
3 Side setback, street (feet)* 10 30
4 Side setback, interior (feet)* 5 20
5 Rear setback (feet)* 15 25
Density, maximum (dwelling units/acre) 10
Required Open Space (% of project site) 20
Building height, maximum 3 stories, with a maximum of 45 feet**
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Heights over 35 feet subject to additional setback of 4 additional feet
Unified Development Ordinance | New Hanover County, NC 3-35
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
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1
2
2
3
5
5
4
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3-36 New Hanover County, NC | Unified Development Ordinance
3.2.13. RESIDENTIAL MULTI-FAMILY MODERATE DENSITY (RMF-M) DISTRICT
A. Purpose
The purpose of the Residential Multi-Family Moderate Density (RMF-M) District is to provide lands
that accommodate moderate density single-family and multi-family development. The intent of the
RMF-M district is to function as a transitional district between intensive nonresidential development
and higher density residential areas. The district is designed to provide a reasonable range of choice,
type, and location of housing units.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards
Standard
Single
Family Detached Duplex Triplex Quadraplex Multi-Family
Lot area, minimum (square feet)* 5,000 7,500 12,500 17,500 20,000
1 Lot width, minimum (feet)* 50 100
2 Front setback (feet)* 20 35
3 Side setback, street (feet)* 10 30
4 Side setback, interior (feet)* 5 20
5 Rear setback (feet)* 15 25
Density, maximum (dwelling units/acre) 17
Required Open Space (% of project site) 20
Building height, maximum 3 stories, with a maximum of 45 feet**
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Heights over 35 feet subject to additional setback of 4 additional feet
Unified Development Ordinance | New Hanover County, NC 3-37
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
1
1
2
2
3
5
5
4
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3-38 New Hanover County, NC | Unified Development Ordinance
3.2.14. RESIDENTIAL MULTI-FAMILY MEDIUM-HIGH DENSITY (RMF-MH) DISTRICT
A. Purpose
The purpose of the Residential Multi-Family Medium High Density (RMF-MH) District is to
accommodate lands for medium to high density residential development of varying types and
designs, with emphasis on midrise structures, near suburban shopping centers and employment
centers,. The district is intended to function as a transition between intensive nonresidential
development and lower density residential development.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards
Standard
Single
Family Detached Duplex Triplex Quadraplex Multi-Family
Lot area, minimum (square feet)* 4,000 7,500 12,500 17,500 20,000
1 Lot width, minimum (feet)* 40 90
2 Front setback (feet)* 15 30
3 Side setback, street (feet)* 10 30
4 Side setback, interior (feet)* 5 20
5 Rear setback (feet)* 15 25
Density, maximum (dwelling units/acre) 25
Required Open Space (% of project site) 20
Building height, maximum 3 stories, with a maximum of 45 feet**
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Heights over 35 feet subject to additional setback of 4 additional feet
Unified Development Ordinance | New Hanover County, NC 3-39
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
1
1
2
2
3
5
5
4
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3-40 New Hanover County, NC | Unified Development Ordinance
3.2.15. RESIDENTIAL MULTI-FAMILY HIGH DENSITY (RMF-H) DISTRICT
A. Purpose
The purpose of the Residential Multi-Family High Density (RMF-H) District is to provide lands 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.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards
Standard
Single
Family
Detached
Duplex Triplex Quadraplex Multi-
Family
Lot area, minimum (square feet)* 3,000 6,000 9,000 12,000 15,000
1 Lot width, minimum (feet)* 40 80
2 Front setback (feet)* 15 30
3 Side setback, street (feet)* 10 30
4 Side setback, interior (feet)* 5 20
5 Rear setback (feet)* 15 25
Density (maximum dwelling units/acre) 36
Required Open Space (% of project site) 20
Building height, maximum 3 stories, with a maximum of 45 feet**
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Heights over 35 feet subject to additional setback of 4 additional feet
Unified Development Ordinance | New Hanover County, NC 3-41
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
1
1
2
2
3
5
5
4
4
Unified Development Ordinance | New Hanover County, NC 3-43
Section 3.3. Mixed Use Zoning Districts
3.3.1. INTENT
The mixed use zoning districts are intended to:
A. Implement the range of mixed-use development patterns recommended in the New
Hanover County Comprehensive Plan;
B. Concentrate higher intensity commercial and office employment growth efficiently in
and around the centers of community activity, provide accessibility, and maximize
public infrastructure investment;
C. Encourage mixed use redevelopment, conversion, and reuse of aging and
underutilized areas and increase the efficient use of land in the unincorporated
County;
D. Promote higher density residential development near and within traditional main
street corridors and growth nodes identified for the unincorporated County;
E. Encourage the creation of public and civic spaces for the use and enjoyment of
County residents and visitors; and
F. Support the development of complete communities where residents are able to
conveniently access basic goods and services, civic and cultural resources, and
recreational opportunities.
3.3.2. ESTABLISHED MIXED USE ZONING DISTRICTS
The mixed use zoning districts established by this UDO are identified in Table
3.4.2: Established Mixed Use Zoning Districts.
3.3.3. GENERAL REQUIREMENTS FOR MIXED USE ZONING DISTRICTS
The requirements in this section (3.3.3) apply to all mixed use zoning districts.
A. MPD Master Plan
As set forth in Section 10.3.4, Master Planned Development, an MPD Master
Plan is a required component in the establishment of a planned development
district. The MPD Master Plan shall depict the general configuration and
relationship of the principal elements of the proposed development, including
uses, general building types, density/intensity, resource protection,
3-44 New Hanover County, NC | Unified Development Ordinance
pedestrian and vehicular circulation, open space, public facilities, and
phasing. Specific requirements for MPD Master Plans and any required
accompanying information are set forth for each Mixed Use zoning district in
the Administrative Manual.
B. MPD Terms and Conditions Document
As set forth in Section 10.3.4, Master Planned Development, an MPD Terms
and Conditions document is a required component in the establishment of a
planned development district. The MPD Terms and Conditions document
shall incorporate by reference or include, but not be limited to:
1. Conditions related to approval of the application for the planned
development zoning district classification;
2. The MPD Master Plan, including any density/intensity standards,
dimensional standards, and development standards established in the
MPD Master Plan;
3. Conditions related to the approval of the MPD Master Plan, including any
conditions related to the form and design of development shown in the
MPD Master Plan;
4. Provisions addressing how transportation, potable water, wastewater,
stormwater management, and other infrastructure will be provided to
accommodate the proposed development;
5. Provisions related to environmental protection and monitoring; and
6. Any other provisions the Board of Commissioners determines are
relevant and necessary to the development of the planned development
in accordance with applicable standards and regulations.
3-46 New Hanover County, NC | Unified Development Ordinance
3.3.4. URBAN MIXED USE ZONING (UMXZ)
A. Purpose
The Urban Mixed Use Zoning (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:
To encourage the efficient mixed use development pattern envisioned in the Comprehensive
Plan;
To result in quality design and a variety of built forms of lasting value that result in a
pedestrian scale;
To provide a mix of housing options;
To promote and enhance transportation options, particularly those that are pedestrian-
oriented, while reducing demand for automobile trips; and
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.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 4: Uses and Use-Specific Standards. All UMXZ projects shall include a mix of
both residential and nonresidential uses.
D. District Dimensional Standards
Standard All Uses
Minimum district size (acres) 5
Setbacks
Minimum distance from single family
residential zoning districts
35 feet for buildings ≤ 35 feet in height
45 feet for buildings > 35 feet in height
Unified Development Ordinance | New Hanover County, NC 3-47
D. District Dimensional Standards
Standard All Uses
1 Maximum distance from any street
(feet) 10*
Maximum height along arterial streets
4 stories or 45 feet by-right
75 feet with Additional Height Allowance special use
permit
Maximum height along residential &
collector streets 2 stories or 35 feet
Maximum height along arterial &
collector streets
5 stories or 55 feet if structured parking is provided
within project
Maximum single family residential
density (dwelling units/acre) 15
Maximum multi-family residential
density (dwelling units/acre) 25
Maximum vertically integrated mixed-
use building density (dwelling
units/acre)
36
* front setbacks are not required along alleyways; TRC may waive strict adherence to requirement
where an existing easement or significant natural feature exists
E. Reference to Other Standards
1. 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.
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1
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b. Through-wall mechanical units are permitted on any façade if they are
incorporated into the design of the building, flush with the façade on
which they are located, concealed by a vent cover, and have an
internal drip system for condensation.
c. Utility meters, transformers, and fixed trash disposal receptacles that
cannot be located out of sign 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 consideration of the structure and
the intent of visual minimization of the feature is otherwise addressed.
2. Site Lighting
All site lighting shall be located, angled, shielded, and/or limited in
intensity so as to case no direct light upon adjacent properties, shall
minimize off-site backlighting glare, and up-lighting. Light posts shall be
no taller than 12 feet.
3. Parking and Driveway Requirements
a. Parking shall be provided in accordance with the requirements of
Section 5.1: Parking and Loading, though 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 of 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 walks, 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 feet 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.
Unified Development Ordinance | New Hanover County, NC 3-49
4. Multi-Modal Transportation Opportunities
a. 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.
b. Bicycle and/or pedestrian connectivity to adjacent development or
existing or funded bicycle and pedestrian facilities.
c. 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 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.
d. 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 abuts streams, ponds, or wetlands or when contextual design
constraints dictate, as determined by the TRC.
e. An internal grid street pattern is required. Block faces within the grid
pattern shall not exceed 400 feet 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.
5. Street Trees
Street tree plantings in below-grade planters or planting strips shall be
included at the rate of one 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.
6. Buffers and Streetyards
All development within the UMXZ district may be exempted from required
buffers and streetyard requirements, as approved by the TRC 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 streetyard requirements. A minimum buffer of at least 20
feet in width is required adjacent to single-family residential zoning
districts.
7. Trash Containment Screening
a. Trash containment areas shall be located within a building where
possible.
b. If trash containment, including areas for holding recycling, cannot be
accommodated within a building, it shall be placed on the rear or side
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of the building and shall be completely enclosed and screened from
view of public rights-of-way with an opaque fence or wall and/or plant
materials, as approved by the TRC. The enclosure shall be at least
one foot taller than the highest point of the trash receptacle. Chain
link and exposed concrete blocks are prohibited.
8. 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.
9. Building Design
a. Primary building entrances should be clearly distinctive from other
entrances. Primary building entrances shall be oriented toward
sidewalks along primary street frontages.
b. Large expanses of flat, unadorned walls are prohibited. Façades shall
incorporate architectural details, particularly at the pedestrian level.
Building façades along rights-of-way shall incorporate periodic
transitions across the façade. Building façades exceeding 30 feet in
width along rights-of-way shall be divided into distinct areas utilizing
methods including, but not limited to, façade offsets, pilasters,
changes in materials, or fenestration. Transitions shall be no further
apart than 2/3 of the height of the building.
c. 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 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 façades visible from the public right-of-way.
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
1
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3.3.5. RIVERFRONT MIXED USE (RFMU) PLANNED DEVELOPMENT DISTRICT
A. Purpose
The Cape Fear River is one of the County’s and the region’s most valuable natural
resources and is the focal point of activity in downtown Wilmington. The purpose of the
Riverfront Mixed Use (RFMU) District is to provide lands that:
Enhance and preserve environmentally sensitive areas along the river;
Protect public access to the river through the creation of quality public spaces;
Preserve cultural and natural resources;
Ensure quality design and a variety of built forms that result in a pedestrian scale as
well as a compelling skyline;
Promote and enhance transit options, particularly pedestrian and water-oriented
transportation options;
Provide an opportunity for intensive development consistent with the urban form;
and
Encourage a mix of uses that fosters a sense of community and create a destination
for residents and visitors alike.
B. Use Standards
1. Mix of Uses
a. All RFMU developments must contain uses from at least two of the
following categories:
1. Residential;
2. Office;
3. Commercial;
4. Institutional, quasi-public, public; and
5. Entertainment and lodging.
b. The total floor area of any RFMU development shall constitute no less
than five percent of non-residential uses.
c. Single-story structures shall not exceed 25 percent of the gross
building footprint of all buildings within any RFMU development.
d. All buildings greater than 35 feet in height must incorporate more than
one use.
e. All buildings with riverfront and right-of-way facing facades shall
incorporate non-residential uses on no less than 50 percent of the
ground floor. Parking shall not be used to satisfy any part of this
requirement.
f. The requirements for mix of uses may be waived by the Technical
Review Committee (TRC) for projects of exceptional design or merit.
Unified Development Ordinance | New Hanover County, NC 3-53
2. Principal Uses
All uses in this list shall be considered permitted uses within the RFMU
district. Ground floor non-residential uses should encourage a lively
pedestrian experience by offering a diversity of uses which utilize multiple
storefronts and engaging public spaces. Uses from the category of “adult
establishments” are prohibited. Uses are categorized based on similar
impacts and to ensure diversity of uses.
a. Residential category:
1. Family care homes;
2. Group home supportive; and
3. Single family dwelling, attached.
b. Office category:
1. Banking services, without drive-through;
2. Offices, Medical; and
3. Offices, Professional.
c. Commercial category:
1. Convenience food store, without gasoline sales;
2. Farmers’ market;
3. Grocery store less than 40,000 square feet;
4. Marina, with or without fueling facilities;
5. Night club (night clubs shall not abut an existing place of worship
or be within 1,500 feet of existing residential uses or districts;
6. The following personal service establishments are permitted:
i. Beauty salon;
ii. Barber shop;
iii. Clothing alterations; and
iv. Laundry, Laundromat services, and drop off dry cleaning only;
7. Photography studio;
8. Recreation facilities: private indoor or outdoor;
9. Restaurant without drive-through windows;
10. Retail sales establishment less than 40,000 square feet;
11. Ship chandler; and
12. Spas and health club.
d. Institutional, quasi-public use, or public use category. The following
uses shall not be accessed from or face riverfront facades:
1. Adult day care and child day care center;
2. Clubs, lodges and recreation facilities;
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3. Government facility, not to include correctional or operational
facilities;
4. Nursing and personal care by special use permit;
5. Religious institution; and
6. Retirement center and life care community by special use permit.
e. Entertainment and lodging category:
1. Amphitheater, located within 1,320 feet of a facility that provides
public parking with the capacity to accommodate 100 percent of
required parking;
2. Aquarium, located within 1,320 feet of a facility that provides
public parking with the capacity to accommodate 100 percent of
required parking;
3. Art gallery/studio;
4. Cultural arts center including theaters;
5. Hotels and motels, except that hotels and motels do not satisfy the
“non-residential” requirement;
6. Meeting and events centers;
7. Movie theaters; and
8. Museum.
3. Supporting Uses
The uses listed below are considered supporting uses to the required
categories. While the following uses are allowed by right, they shall not
count towards the minimum required mix of uses. Even though the
development may contain one or more of the following uses, it must still
include at least two of the five categories (residential, office, commercial,
institutional/quasi-public/public, entertainment and lodging) listed above.
a. Accessory buildings;
b. Accessory and auxiliary uses;
c. Commercial parking facility, provided the requirements of 3.3.5.D.10,
Parking, are met;
d. Helipads, rooftop only; and
e. Public park, playground and associated facilities.
C. District Dimensional Standards
Standard All Uses
Maximum lot coverage(percent) 50
Minimum residential unit size (square
feet)
750
Distance from public rights-of-way and
private streets (feet)
16
Unified Development Ordinance | New Hanover County, NC 3-55
C. District Dimensional Standards
Standard All Uses
Distance from Cape Fear River Must be in compliance with NC Division of Coastal
Management buffer rules
Minimum setback, for structures abutting
residentially zoned land or lot with
residential development (excluding those
separated by public right-of-way)
For buildings less than 50 feet in height, equal to
building height
For buildings 50 feet in height or greater, 50 feet
Building height, maximum (feet) 150, not including up to 60 feet utilized for structured
parking
75, within the height restriction overlay area directly
across from the Wilmington Historic District
Building height performance bonus Additional 30 feet in height allowed if dedication of
private land area for public use is greater than the
required 10% minimum
Additional 15 feet in height for every 5% of additional
permanently designated open space
D. Other District Standards
1. Riverfront Access
a. RFMU designation is available only to parcels of land fronting the
Cape Fear and Northeast Cape Fear Rivers east of Highway 421
between the Holmes Bridge and Cape Fear Memorial Bridge in
unincorporated New Hanover County.
b. All development shall have direct access to navigable waters.
c. Pedestrian access shall be provided in intervals of no greater than
one access for every 200 linear feet of shoreline.
d. A minimum of one pedestrian access shall be provided.
e. Public access across the property, between the river’s edge and the
public right-of-way, private street, or a structure running parallel with
the river’s edge, shall be provided at a minimum width of 10 feet, and
shall meet ADA Design Standards. The public access shall be
established by an easement or other property interest approved by
the County Attorney.
f. All development shall dedicate the land necessary to provide for the
construction of a continuous and contiguous public riverwalk along the
river’s edge for a length defined by the development’s boundaries
adjacent to the riverfront.
g. A riverwalk should be intensively activated with ground level retail
activities and landscaping, and be designed with a series of public
spaces to accentuate the pedestrian experience.
h. Riverfront facilities shall provide multi-modal transportation
opportunities, including public boating, walking, bicycling, and public
bus or water taxi uses, and the facilities necessary for such uses.
i. Private dock space shall not restrict public access to the riverwalk.
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j. The riverwalk shall be designed to accommodate future connections
to adjacent parcels.
2. Common Spaces
a. Plazas, courtyards, riverwalks, and other areas are necessary to
provide for public gathering and interaction.
b. Amenities are required, such as benches, planters, lighting, fountains,
art, and landscaping that furthers the design theme of the project and
encourage interaction.
c. Each development in the RFMU district shall contain a minimum of
10% functional public space, in addition to a riverwalk. Right-of-way,
other than street sidewalks, may be included within the public space
calculations only if the right-of-way serves a primarily pedestrian
function.
d. Public spaces shall be pedestrian-oriented and shall shape the design
and character of the project through a connecting system of
pedestrian areas that create a relationship among the various
components of the built environment. The pedestrian spaces shall
include features such as landscaping, gardens, benches, artwork,
sculpture, and water features to improve their appeal. These spaces
shall also provide a pleasant gathering space for transit users. Public
space areas shall provide adequate amenities for comfort and
convenience such as seating, lighting, directional signage, bicycle
racks, drinking fountains, shelters, trash receptacles, or public
restrooms.
e. To ensure that public spaces are well used, they shall be visible,
easily accessible by the public, and barrier free with multiple points of
entry from public areas (streets, sidewalks, walkways, the riverwalk,
and bike paths). Public spaces shall be oriented to maximize
exposure to the water and scenic views. Streets perpendicular to the
river shoreline shall be designated as landscaped corridors that
terminate with pedestrian access to the river.
f. Public spaces may be either natural or recreational. “Natural” public
spaces are intended to protect natural resources, protect water
quality, and provide habitat for wildlife. “Recreational” public spaces
are intended to provide active or passive recreation opportunities.
Public spaces shall have linkages that reinforce pedestrian
movement. Merchandise and eating areas shall be designed to be
contiguous with public spaces and pedestrian ways.
g. Plants used in landscaping areas shall be native species of the
highest quality, and be of sufficient quantity and scale to make a
visual impact. Plantings shall be selected and located so that their
functional and aesthetic qualities can be maximized. Public spaces
shall provide areas shaded by trees and/or structures. Small-scale
stormwater treatment shall be integrated into the landscaping,
whenever possible, including recessed landscaped areas with curb
openings or sloped curbs to serve as rain gardens or bio infiltration
Unified Development Ordinance | New Hanover County, NC 3-57
areas. Restoration of wetland vegetation is encouraged along the
riverfront.
h. Sites of historic interest or sites providing an opportunity and context
for historical interpretation along the riverfront shall be incorporated
into public space areas and appropriately commemorated and marked
with interpretive signage.
i. Development in the district shall integrate artwork into public space
settings wherever possible. Artwork may consist of free-standing
pieces (e.g., sculptures and fountains) or may be integrated with
surroundings (e.g., relief sculpture(s) embedded into pavement or
wall, mosaics, murals, decorative fixtures, etc.) to create strong visual
interest. Artwork should be context-appropriate and custom-made
utilizing local artisans, reinforcing and complementing the character of
the riverfront. Public spaces designed to accommodate live
performing arts and public gatherings should be integrated into the
development, whenever feasible.
3. View Corridors
a. View of the Cape Fear River shall not be significantly obstructed by
buildings or other structures.
b. All development shall provide view corridors along streets connecting
to the river.
c. Any street that terminates within 50 feet of the riverwalk shall provide
a public space, park, or access area that is a clearly defined entry
point to the required riverwalk.
4. Building Form and Design
a. All buildings exceeding 4 stories or 50 feet in height, whichever is
less, must include the following design features:
1. The building base (the first 4 stories or 50 feet in height,
whichever is less) must be delineated and distinguished
architecturally from the upper floors of the building.
2. The building section above the building base must have its mass
reduced according to the following calculation: (Proposed Height –
Base Height) X (Footprint) * 0.25 = Minimum Building Mass
Reduction Above Base Height
b. Primary building entrances shall be oriented toward public sidewalks
along primary street or riverwalk frontages. Development along new
or existing public streets should provide inviting facades and, through
appropriate scale and quality materials, foster a walkable pedestrian
environment.
c. Massing and development scale:
1. No visible façade shall be “blank” or without features or detail. For
buildings greater than 33 feet in width, visible facades shall
incorporate periodic transitions no further apart than 2/3 of the
building height in order to create a vertical orientation. The
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transition may be achieved by utilizing at least two methods
including, but not limited to, the use of façade offsets, recesses,
pilasters, or change in materials.
2. For buildings exceeding 4 stories or 50 feet, whichever is less,
facades shall incorporate a visual transition to distinguish the
building base from the upper floors of the building. This transition
may be achieved by utilizing at least two methods including, but
not limited to, the use of building façade offsets, cornices, belt
courses, moldings, or other linear motifs.
3. For buildings greater than 50 feet in width, facades shall be
expressed as two or more separate building facades no greater
than 50 feet in width utilizing the aforementioned methods. The
predominant orientation of fenestration within the façade shall also
be vertical. Horizontal bands or “ribbons” of windows shall not be
permitted within the first 4 stories or 50 feet of building height. At
least 50% of the ground-level façade shall be constructed of
transparent materials or otherwise designed to allow pedestrian
view of inside activities.
4. The exterior expression of any building façade must be
distinguished at a point not less than 13 ½ feet above the ground
level at the front façade. This distinction may be accomplished by
incorporating features including, but not limited to, horizontal
architectural members such as molding, belt courses, or a change
in materials or fenestration.
5. Multi-Modal Transportation Opportunities
a. Pedestrian accessibility and concentration of development (critical
mass) shall be provided within a compact, walkable area. Pedestrian
circulation shall be clearly defined with paving materials and/or
landscaping and shall connect all uses.
b. Bicycle and/or pedestrian connectivity to adjacent or nearby
developments is required, when feasible.
c. Sidewalks are required on each side of rights-of-way and private
streets throughout the development and are to be installed along all
building frontages.
d. Sidewalks shall maintain a minimum width of 12 feet. Sidewalk width
may be reduced on internal private streets with TRC approval.
e. Sidewalks may be limited to a single side of rights-of-way or private
streets or sidewalk width may be reduced when the right-of-way or
private street abuts streams, ponds, or wetlands, or when contextual
design constraints dictate, as determined by the TRC.
6. Screening:
All dumpsters, outside storage areas, and any ground level mechanical
equipment shall be screened. Screening shall be a minimum of 6 feet in
height and shall consist of living and non-living material as specified in
Article 5: General Development Standards.
Unified Development Ordinance | New Hanover County, NC 3-59
7. Utilities:
All electric, cable television, telephone utilities, fire alarm conduits,
streetlight wiring, and other wiring conduits and similar utilities shall be
placed underground by the developer or the appropriate utility company
for all new developments.
8. Connection to the Surrounding Community
a. Developments shall be designed as an integral part of the surrounding
community, and not as an isolated development.
b. Developments shall not be gated and shall be interconnected to any
surrounding developments with pedestrian and vehicular connections.
c. Developments shall include plants for future pedestrian and vehicular
connections to adjacent undeveloped properties.
9. Landscaping
a. Shade trees are required along all streets. Shade trees shall be a
minimum caliper of 3 inches DBH, shall be spaced at least every 50
feet on center, and must be single-stem canopy trees.
b. Public spaces and common areas shall be planted with a minimum of
2 single stem canopy trees per every 1,000 square feet. Canopy trees
shall be a minimum caliper of 3 inches DBH. Two canopy trees may
be substituted with 3 understory trees per 1,000 square feet of public
space or common area where overhead obstructions or other site
limitations make canopy trees impractical.
c. The TRC may permit alternatives to strict conformance with the
required location of public space and common area landscaping
under the following conditions. However, in all cases, developments
shall provide at least the minimum square footage of landscaped area
and number of trees required by this section.
1. Preservation of natural stands of trees and existing vegetation:
Preservation of natural stands of trees may be substituted for
landscaping requirements, as long as the total square footage of
interior landscaping meets the minimum required.
2. Additional landscaping in key areas: Provision of at least 10%
greater than the minimum landscaping area required in each of
the following areas: along the waterfront, at project entrances, in
public spaces.
3. Provision of low impact development: Landscaping necessary to
achieve low impact development standards as outlined in the
County’s Stormwater Management Ordinance shall be provided.
10. Parking
a. Surface parking may not exceed 5 percent of the total parking area
provided or 50 spaces, whichever is less, for each development. A
parking structure is considered part of the building footprint when a
common wall is shared between them.
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b. Surface parking shall be located to the side or rear of buildings or in
the interior of a block. Surface parking shall not be located on the
riverfront side of buildings. Surface parking shall be reserved for non-
residential uses including loading areas and emergency vehicle
access and must be clearly designated as such.
c. There must be no minimum or maximum parking limit for residential
uses.
d. On-street parking is permitted but shall not be counted toward
required parking for commercial uses.
e. The design of all above-grade parking structures shall be visually
compatible with surrounding structures and shall relate to the design
context of the area.
1. Exterior walls of parking structures shall be designed with
materials, colors, and architectural articulation in a manner that
provides visual compatibility with adjacent buildings and the
environment.
2. All parking structures shall be visually obscured from the river.
3. Non-residential uses shall be included along first-floor street
frontages. Active uses are encouraged on the sidewalk level of
parking structures. Ground floor structured parking does not
satisfy non-residential use requirements.
11. Signs
a. Directional signs not exceeding 30 inches in height or 4 square feet in
area which direct on-premises vehicular or pedestrian traffic and
bearing no other identification or advertising matter shall not be limited
in number.
b. A multi-family or nonresidential principal building may install signs on
or hanging beneath canopies or awnings or hanging beneath
overhangs on porch roofs provided:
1. There is no projecting sign on the principal building;
2. The combined total area of signs applied to canopies and awnings
shall not exceed 20 percent of the aggregate area of the face of
the canopy or awning; and
3. Signs that are attached below a canopy, awning, overhang, or
porch roof shall not extend beyond the width of such canopy,
awning, overhang or porch roof and shall have a clearance of not
less than 9 feet above the pedestrian walkway and shall not
exceed 3 square feet in area.
c. A multi-family or nonresidential principal building may install on-
premises window signs provided:
1. The area of such signs shall not exceed an aggregate area equal
to 10 percent of the total ground floor glassed window area of the
building;
Unified Development Ordinance | New Hanover County, NC 3-61
2. Such signs, if located inside the window, may be neon signs; and
3. Such signs shall not be located above the second floor.
d. A single-family residential premises may erect one on-premises
and/or one special purpose sign subject to the following restrictions:
1. Such signs refer only to the name, home occupation, address,
and/or special purpose of the occupant therein.
2. Such sign shall not exceed 4 square feet in area.
3. Such sign shall be setback a minimum of 5 feet from any property
line.
4. Such sign shall not be located at a height above 6 feet.
e. A multi-family or nonresidential principal building may display
incidental signs that are flat mounted against the building, window, or
door and do not exceed a total area of 2 square feet.
f. A revolving sign, specifically that of a striped barber pole, is allowed
only in conjunction with a barber shop.
g. External illumination, if used, shall not be blinking, fluctuating, or
moving. Light rays shall shine only upon the property within the
premises and shall not spill over the property lines in any direction,
except by indirect reflection.
h. Any premises or principal building may erect one real estate or
construction sign advertising specific property for sale, rent, lease,
development, or construction, located on the premises, provided that
sale, rent, or lease (real estate) signs do not exceed 6 square feet in
area and development or construction signs do not exceed 35 square
feet in area.
i. Any premises may display one on-premises freestanding sign that
does not exceed 35 square feet in area or 10 feet in height.
j. Any principal building may display attached signs subject to the
following restrictions:
1. Only one attached sign per each frontage shall be permitted;
2. Such sign is mounted parallel to the building to which it is attached
and projects no more than 18 inches from that building;
3. Such signs shall not extend beyond the roofline of the building to
which it is attached; and
4. The combined total area of such signs shall not exceed 20 percent
of the total area of the wall to which the sign is attached, not to
exceed 200 square feet in total area.
k. Attached signs may be displayed on the side or rear of a building
adjacent to an off-street parking area if the off-street parking area is
33 feet or more in width. Such signs shall be subject to the same
regulations as attached signs on the street side of the building.
However, the side or rear of the building adjacent to the off-street
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parking area shall not be included when calculating the area allowable
to attached signs on the street side.
l. Any principal building may display one projecting sign subject to the
following restrictions:
1. There is no detached sign on the premises;
2. Such sign may project horizontally a maximum of 6 feet but shall
be set back at least 2 feet from the back face of the curb or outer
edge of the pavement where there is no curb. Setback distances
for projecting signs which front on state roads must be approved
by the North Carolina Department of Transportation;
3. Such signs shall be erected at a height of not less than 9 feet
above the sidewalk or other pedestrian passageway;
4. Such sign shall not exceed beyond the roof line of the building to
which it is attached; and
5. Such sign shall not exceed 15 square feet in area.
m. Any premises or principal building may place sandwich board signs on
the public sidewalk subject to the following restrictions:
1. Only one sandwich board sign is allowed per street frontage;
2. No sandwich board sign shall exceed 8 square feet per side in
area. In addition, the width of the sign may not exceed 2 linear
feet, with a maximum height of 4 feet. Within these specified
maximum dimensions, creative shapes that reflect the theme of
the business being advertised are encouraged (i.e., ice cream
shop may display a sign in the shape of an ice cream cone);
3. Sandwich board signs shall be displayed only during operational
hours of the business being advertised and shall not be lighted.
These signs must be removed each day at the close of business.
The hours of business operation shall be indicated on the inside
surface of the sign board.
4. Sandwich board signs may be placed on the sidewalk directly in
front of the associated use. Along streets with no parallel parking,
sandwich board signs shall be placed on the sidewalk within 4 feet
of the curb. Along streets with parallel parking, a 2-foot step-out
zone shall be provided, and sandwich board signs shall be placed
on the sidewalk at least 2 feet from the curb but not more than 4
feet from the curb. The location of any sandwich board sign shall
be at least 20 feet from any intersection and at least 5 feet from
any crosswalk or fire hydrant. No sandwich board sign may be
placed where the unobstructed space for the passageway of
pedestrians is reduced to less than 4 feet. Trees, poles, signs,
hydrants, trash receptacles, tree grates, etc. are all considered
obstructions.
5. The sign must be constructed of materials that present a finished
appearance. Rough cut plywood is not acceptable. The sign
lettering should be professionally painted or applied; a “yard sale”
Unified Development Ordinance | New Hanover County, NC 3-63
or “graffiti” look with hand painted or paint-stenciled letters is not
acceptable; however, chalkboard signs shall be permitted. The
written message on the board should be kept to the minimum
necessary to communicate the name of a business or a special
message of the business.
6. Any person erecting a sandwich board sign shall indemnify and
hold harmless New Hanover County and its officers, agents, and
employees from any claim arising out of the presence of the sign
on County property or public rights-of-way. The person erecting a
sandwich board sign shall sign an indemnification agreement,
approved by the County Attorney, prior to the issuance of a sign
permit. The indemnification agreement shall be accompanied by
evidence of insurance covering the liability assumed in this
subsection and the agreement.
7. Questions as to placement of sandwich board signs shall be
determined by the Planning Director.
n. Freestanding signs, pole signs, and outdoor advertising signs shall
not be permitted.
o. Project entrance signs shall be integrated into site entry, structural,
and landscape features and meet the following standards:
1. The sign area shall not exceed 75 square feet and its vertical
dimension shall not exceed 4 feet.
2. The maximum height of any entry structure shall not exceed 6
feet.
3. The sign and any structures shall be located so as to not obstruct
the view of persons entering or leaving the development.
4. The main and secondary entrances shall be designated on the
site plan.
5. Two monument signs are allowed at the main entrance way, one
on each side of the road or driveway with a combined total area
not to exceed 150 square feet and with a maximum vertical
dimension of 4 feet.
6. Secondary entranceways shall be restricted to one monument
sign, not to exceed 18 square feet in area and with a vertical
dimension of 4 feet. However, if secondary entranceway signs
are incorporated within an entry wall or other entry feature, 2 signs
are allowed, one on each side of the access road, not to exceed a
combined total surface area of 27 square feet and a vertical
dimension of 4 feet.
7. The main entranceway sign text is limited to the development
name and the name of one tenant. Sign area devoted to a tenant
name is limited to 25 percent of any sign area.
8. Secondary entranceway text is limited to the development name
only.
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p. Internal illumination is prohibited except for kinetic signs, which may
be allowed on buildings housing amphitheaters; cultural arts centers,
including theaters; meeting and event centers; museums; and movie
theaters (except drive-ins); provided that:
1. The kinetic sign shall be displayed on only one wall of the building;
2. The wall on which the kinetic sign is displayed shall not front any
thoroughfare or arterial road;
3. The kinetic sign shall not strobe or flash or utilize graphics, letters,
or text;
4. The area of the kinetic sign shall not exceed 1,200 square feet or
10 percent of the area of the building façade on which it is
installed, whichever is less;
5. Between the hours of 11:00 PM and 7:00 AM, the kinetic sign
color shall be stationary and restricted to one color; and
6. The kinetic sign shall be approved by the Riverfront Mixed Use
development property owners’ association and shall be consistent
with the architectural guidelines of the development.
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Article 6: Subdivision Design and Improvement
Section 5.3 Tree Retention Article 7: Stormwater Management
Section 5.4 Landscaping and Buffering Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
Unified Development Ordinance | New Hanover County, NC 3-65
3.3.6. EXCEPTIONAL DESIGN (EDZD) PLANNED DEVELOPMENT DISTRICT
A. Purpose
The Exceptional Design Zoning District (EDZD) provides opportunities for mixed use and
high density residential projects within the unincorporated areas of the County where
appropriate urban features are in place to support such projects without the negative
impacts of urban sprawl. Through the conservation of water bodies, wetlands, floodplains,
and open space, it is intended that this district will prevent the degradation of water quality
and foster the preservation of natural hydrology, habitat, and biodiversity. In addition, the
district is intended to provide design flexibility to achieve public and private spaces that
advance a sense of community in a well-integrated service area that diminishes the need
for vehicular traffic and encourages bicycle and pedestrian movements. The EDZD shall
be located with respect to public and private facilities existing or clearly available by the time
they are required within the development.
B. Applicability
1. EDZD projects must be located on sites suitable for development in the
manner proposed without creating hazards to persons or property, on or off
the district, and free from the probability of flooding, erosion, subsidence, or
slipping of the soil or other dangers. Condition of soil, groundwater level,
drainage and topography shall all be appropriate to both the kind and pattern
of use intended. If appropriate to the form and function of development, lands
to be included in EDZD districts may be divided by streets, alleys, rights-of-
way, or easements but shall be located, dimensioned, and arranged as to
permit unified planning and development and to meet all requirements in
connection therewith, as well as to provide necessary protection against
adverse relationships between uses in the district and uses in surrounding
area.
2. Areas classified as Rural Residential place type, Conservation place type, AE
or VE special flood hazard areas, or CAMA Estuarine Areas of Environmental
Concern are not eligible for residential density greater than 2.5 units per acre,
and such acreage, with the exception of area within the Rural Residential place
type, must be subtracted from the acreage upon which density on other
portions of the district is calculated. All other areas of the unincorporated
planning jurisdiction for New Hanover County are eligible for the EDZD.
3. A district must include the entirety of the parcel or parcels being considered,
and the applicant must be the owner or owners of all the property to be
included in the district. The applicant must demonstrate that the property is
jointly owned or be subject to a formal agreement for unified control.
Authorization to construct shall not be issued until unified control is
established.
4. A district may not extend across any major or minor arterial roadway having
three or more lanes of vehicular traffic unless the district proposed multiple,
unified development phases of mixed uses having safe, signalized vehicular,
pedestrian and bicycle facilities to connect the projects, such as crosswalk
signals, pedestrian overpasses, refuge islands, etc.
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C. Use Standards
The principal uses in an EDZD District shall be as set out and approved in the original approving
action, unless otherwise amended by the Board of Commissioners. To be eligible for density or floor
area ratio bonuses, a project must include a mix of uses (see Section 3.3.6.E.9, Exceptional Design
Density Incentives). After the MPD Master Plan has been approved, changes in any principal use or
accessory use shall constitute a change in the approved EDZD District and shall require approval by
the Board of Commissioners.
D. District Dimensional Standards
Development in the EDZD district shall conform to the standards outlined in Table 3.3.6.D:
Exceptional Design Zoning District (EDZD) Density & Dimensional Standards.
* Such acreage, with the exception of area within the Rural Residential place type, must be
subtracted from the acreage upon which density on other portions of the district is
calculated.
E. Other District Standards
1. Exceptional Design Standards
Projects must meet a minimum of one qualifying option for each of the
standards outlined in Table 3.3.6.E.1: Exceptional Design Core
Requirements, and must be eligible for a minimum of 12 points as
outlined in Table 3.3.6.E.2: Exceptional Design Additional Requirements.
The EDZD certification must be assured during the first phase of
development or prior to completion of more than 24 units. A progress
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report shall be submitted after each phase indicating the proposed
timeline for completion of the EDZD elements.
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2. Parking
Off-street parking shall be provided as required in Section 5.1, Parking
and Loading, except that projects that meet the Mix of Uses, Bicycle and
Pedestrian Access, and Housing and Jobs/Commercial Opportunity
Proximity requirements in Table 3.3.6.E.2: Exceptional Design Additional
Requirements, may reduce the minimum parking requirements by ten
percent within the commercial component of the project.
3. Connectivity
In order to promote projects that have high levels of internal connectivity
and are well connected to the community at large, gates or other
obstructions may not be utilized on roads entering, exiting, or within the
development.
4. Buffering Allowance
Landscaping and buffering shall be provided in accordance with Section
5.4, Landscaping and Buffering, except that required buffers may be
allowed within electric utility easements greater than 30 feet with the
permission of the appropriate utility company. A memorandum of
agreement must be in place stating that the buffer will be maintained in
perpetuity in accordance with the standards for size, opacity, and
location.
5. Street Lights
Street lights shall be included at the rate of one fixture per 500 linear feet
or less or roadway.
6. Open Space
Open space shall be provided within all exceptional design zoning
districts and, except as provided in section c below, shall equal a
minimum of 35 percent of the gross site area of the district. Open space
may be natural or recreational, as defined in this Ordinance.
a. Natural open spaces shall not exceed ten percent of the open space
requirement
b. A maximum of 25 percent of the open space area may contain
recreational amenities or facilities, including swimming pools, golf
courses, tennis courts, and basketball courts. Unimproved passive
recreation open spaces are encouraged.
c. If the proposed open space is less than 35 percent or the types of
open space do not conform to subsections a and b above, the
application shall include an explanation of how the project reasonably
provides for spaces that enhance a sense of community and quality of
life for the future residents or patrons of the EDZD.
d. All open space shall remain undivided and be reserved and used in
accordance with Section 5.8, Open Space Requirements.
e. To prevent bacterial contamination of surface water, pet waste
stations shall be installed within required open spaces, and a
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maintenance schedule for the pet waste stations shall be
implemented.
7. Stormwater Management
A comprehensive stormwater management plan that infiltrates and reuses
stormwater runoff shall be developed and implemented for the project.
Stormwater shall be managed following the principles prescribed in the
New Hanover County-City of Wilmington Joint Low Impact Development
Manual and will enable a project to use the LID-EZ Spreadsheet Tool.
8. Homeowners Association
EDZD developments shall be required to comply with the homeowners
association standards for Performance Residential Subdivisions, as found
in Section 3.2.D.7: Homeowners Association.
9. Exceptional Design Density Incentives
a. Only projects complying with the Mix of Uses additional requirements
as outlined in Table 3.3.6.E.2: Exceptional Design Additional
Requirements, are eligible for density or floor area ratio bonuses.
b. Compliance with Mix of Uses additional requirements shall be
determined in accordance with Table 3.3.6.E.9: Diversity of Uses.
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c. Any points an eligible project is awarded beyond the 12-point
minimum, as outlined in Table 3.3.6.E.2: Exceptional Design
Additional Requirements, may be applied toward the density or floor
area ratio bonuses at a rate of 1 additional dwelling unit OR 1/10
additional FAR per additional design point accrued.
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Article 6: Subdivision Design and Improvement
Section 5.3 Tree Retention Article 7: Stormwater Management
Section 5.4 Landscaping and Buffering Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
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3.3.7. PLANNED DEVELOPMENT (PD) DISTRICT
A. Purpose
The Planned Development (PD) 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. Specifically, the intent of the PD district is to:
Create new planned development districts for specialized purposes where tracts are suitable
in location, area, and character for development on a unified basis;
Promote economical and efficient patterns of land use that are sensitive to natural features;
Reduce automotive traffic congestion by supporting a reasonably close relationship between
origins and destinations of persons living, working, or visiting in such development; and
Encourage unified developments consistent with the goals of the County’s Comprehensive
Plan and compatible with surrounding land uses.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 4: Uses and Use-Specific Standards. No more than 30 percent of any PD
District shall be used for Industrial, Commercial, and Civic and Institutional uses.
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D. District Dimensional Standards
Standard Residential Uses Commercial Uses Industrial Uses
Minimum district size, under common ownership or joint petition: 10 acres
Building setback from PD District
boundary (feet) 20 CB Setback
Requirements
I-1 Setback
Requirements
Building setback from pedestrian
and bicycle paths (feet) 10
Front setback (feet) None 20 50
Side setback, street (feet) None 20 50
Side setback, interior (feet) None None* **
Rear setback (feet) None 10* **
Building height, maximum (feet) 40***
* Setback is 20 feet from abutting residentially zoned land or lots on which there is residential development.
** Determined in accordance with Section 3.1.3.C, Setback Requirements in Certain Commercial and Industrial
Districts.
*** There is no maximum building height for Agricultural or Industrial uses. The maximum building height is 80 feet
for buildings located within the Urban Mixed Use, Community Mixed Use, or Employment Center place types
as indicated on the County's Land Classification Map and fronting along a collector, minor arterial, or principal
arterial as indicated on the Wilmington Urban Area MPO functional classification map.
E. Other District Standards
1. Density/Intensity Bonuses
a. Allowable density shall be determined by the Site Capacity Standards
for Additional Dwelling Allowances as authorized in Section 3.1.3.E,
Additional Dwelling Allowance, except that land intended for Industrial,
Commercial, and Civic and Institutional 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 it is located within the
Urban Mixed Use, Community Mixed Use, General Residential, or
Employment Center place types.
b. The maximum allowed density for residential units in the AE and VE
special flood hazard areas and CAMA Estuarine Areas of
Environmental Concern is 2.5 units per acre.
c. If the PD district is 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 as follows, based
on the total points allowed for all features in the PD district in
accordance with Table 3.3.7.E.1: Allowed Density Bonus Points:
1. A total score of 75 points or more = an increase in density from
4.25 to 10.2 dwelling units per acre; and
2. A total score of 165 points or more = an increase in density from
10.2 to 17 units per acre.
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Adjacent to a Minor or Principal Arterial Facility as indicated on the Wilmington MPO Functional Classification
Map 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
Within one mile by road of established businesses sufficient to support a total employment equal to 85 percent
of the anticipated labor force (calculated at one worker per unit) of the PD district population.
If the PD is located in a manner that satisfied at least two of the following criteria:
Within one road mile of a neighborhood convenience store offering basic grocery items and other
items.
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.
Within three miles of regional shopping center consisting of over 100,000 sq. ft. of retail space for sales
and storage.
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.
All structures are located beyond the 100-year floodplain as designated on the County's Official Flood Insurance
Maps.
Outside the County’s most sensitive aquifer recharge area (Area No. 2) as shown on the Aquifer Sensitivity Map
for New Hanover County.
Bus or shuttle transportation.
Solid waste transfer station.
Within one mile of a public park and recreation facility.
At least 5 percent of the total number of dwelling units in the PD District are designated and reserved on the
MPD Master Plan for either handicapped or households with income less than 60 percent of the median
household income for New Hanover County.
Public access and public waterfront facilities provided, such as docks, piers, and boat ramps or shoreline parks
and boardwalks
All residential units will meet LEED, Healthy Build Home, ICC700 Green Building Standards, or Green Globes
designation.
Alternative energy systems supply at least 20 percent 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.
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.
2. Minimum Improvements
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 provided by the Cape Fear Public
Utility Authority or an equivalent agency;
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b. Fire hydrant and water supply systems that meet the standards
specified in the National Fire Protection Association Standard as
amended;
c. A drainage plan pursuant to Section 6.3.3.E, Surface Water Drainage,
and the County’s Stormwater Management Ordinance.
d. Street lights, at the rate of one fixture per 500 linear feet or less of
roadway.
e. Tot lots and/or mini-parks (adequacy of design and improvements to
be evaluated by County Parks and Gardens), 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, and accessible by a network of sidewalks
or pedestrian trails;
f. Audible fire alarm systems connected directly to a central dispatch
system for all structures except single-family and duplex residential.
3. Building Separations
a. The project shall be designed so as to avoid encroachment into the
path of any proposed transportation project included in the Wilmington
MPO’s Metropolitan Transportation Plan.
b. No part of a detached single family dwelling unit or its accessory
structure may be located closer than 10 feet to any part of any other
detached single family dwelling or its accessory structure.
c. No part of a multi-family or attached dwelling unit or its accessory
structure be located closer than 20 feet to any part of another dwelling
unit, accessory structure, or nonresidential building.
4. Parking
Off-street parking shall be provided in accordance with Section 5.1,
Parking and Loading, except the 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.
5. Signs
Signs shall be in accordance with Section 5.6, Signs. 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.
6. Access and Connectivity
a. The PD district shall have direct access to and from an existing major
or minor arterial as indicated on the Wilmington MPO Functional
Classification Map. This direct access requirement will be satisfied if:
1. One or more property boundary lines is contiguous with and
utilizes access to and from an existing major or minor arterial; or
2. The PD district accesses an existing major or minor arterial
roadway by a NCDOT-maintained public street, or by a private
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street designed and constructed in accordance with the County’s
minimum standards for a collector road.
b. All interior drives shall be designed so as to provide adequate access
for emergency service vehicles and future connectivity to adjoining
undeveloped properties.
7. Continuing Care Retirement Facility Standards
The following additional standards apply if at least 25 percent of the
number of residential units in the PD district are included in a Continuing
Care Retirement Facility as described and regulated under N.C.G.S. § 58,
Article 64:
a. The maximum allowed height for a continuing care retirement facility
building is 55 feet; and
b. The thoroughfare requirements in subsection 5 above, may be
satisfied if a traffic study supports a finding by the Board of
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 Cat build-out.
8. Community Property Owner’s Association
A Community Property Owner's Association shall be established in
accordance with Section 5.8.3, Open Space Provisions, and Section
3.1.3.D.7. 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 TRC.
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Article 6: Subdivision Design and Improvement
Section 5.3 Tree Retention Article 7: Stormwater Management
Section 5.4 Landscaping and Buffering Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
Unified Development Ordinance | New Hanover County, NC 3-79
Section 3.4. Commercial and Industrial Districts
3.4.1. INTENT
A. The commercial and industrial districts are intended to:
B. Help implement the adopted New Hanover County Comprehensive Plan by
accommodating a full range of office, retail, commercial, service, and mixed uses
needed by New Hanover County’s residents, businesses, visitors, and workers;
C. Maintain and enhance the County’s economic base and provide shopping,
entertainment, and employment opportunities close to where people live and work;
D. Preserve, protect, and promote employment-generating uses;
E. Create suitable environments for various types of commercial and industrial uses
and protect them from the adverse effects of incompatible uses;
F. Allow flexibility to encourage redevelopment and positive improvements to existing
businesses and residences;
G. Minimize potential negative impacts of heavy impact nonresidential development on
adjacent residential areas;
H. Provide suitable locations for public and semipublic uses needed to complement
nonresidential development; and
I. Encourage site planning, land use planning, and architectural design that create an
interesting and pedestrian-friendly environment, where appropriate.
3.4.2. ESTABLISHED COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS
The commercial and industrial zoning districts established by this UDO are
identified in Table 3.5.2: Established Commercial and Industrial Base Zoning
Districts
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3.4.3. NEIGHBORHOOD BUSINESS (B-1) DISTRICT
A. Purpose
The purpose of the Neighborhood Business (B-1) District is to provide lands that accommodate a
range of small-scale, low-intensity, neighborhood-serving commercial development that provide
goods and services to residents of adjacent neighborhoods. District regulations are intended to
ensure uses, development intensities, and a development form that is consistent with a pedestrian-
friendly, walkable, and neighborhood scale. Mixed use development is allowed that is consistent with
district character.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards
Standard All Uses
Lot area, minimum (square feet) None
Lot width, minimum (feet) None
1 Front setback (feet) 50 along highways and major thoroughfares;
35 along all other public highways or streets
2 Side setback, street (feet) 50 along highways and major thoroughfares;
35 along all other public highways or streets
Side setback, interior *
Rear setback *
Building height, maximum (feet) 35
* Determined in accordance with Section 3.1.3.C, Setback Requirements in Certain Commercial and Industrial
Districts.
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E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
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3.4.4. COMMUNITY BUSINESS (CB) DISTRICT
A. Purpose
The purpose of the Community Business (CB) District is to provide lands that accommodate the
development, growth, and continued operation of businesses that serve surrounding neighborhoods
with goods and services needed for a variety of daily and long-term purposes. Development in the
CB district should be designed in a form and at a scale that is both walkable and accessible to
vehicles, and located at intersections and along streets that will allow multiple neighborhoods access
to the district’s businesses. CB district lands can serve as a buffer between higher density/intensity
development and moderate or low density multi-family and single family neighborhoods.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards
Standard All Uses
Lot area, minimum (acres) ½
1 Lot width, minimum (feet) 80
2 Front setback (feet) 20
3 Side setback, street (feet) 20
Side setback, interior (feet) None*
4 Rear setback (feet) 10**
Building height, maximum 3 stories, not to exceed 45 feet***
Floor area per development site, maximum (square feet) 100,000
* Interior side setback is 20 feet from abutting residentially zoned land or lots on which there is residential
development.
** Rear setback is 25 feet from abutting residentially zoned land or lots on which there is residential development.
*** Buildings with heights over 35 feet are subject to an additional setback requirement of 4 additional feet.
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E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
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3.4.5. REGIONAL BUSINESS (B-2) DISTRICT
A. Purpose
The intent of the Regional Business (B-2) District is to provide for the proper site layout and
development of larger format or larger structure size business uses, including big box stores and
automobile dealers. It is also designed to provide for the appropriate location and design of auto-
oriented uses that meet the needs of the motoring public or that rely on pass-by traffic.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards
Standard All Uses
Lot area, minimum (square feet) None
Lot width, minimum (feet) None
1 Front setback (feet) 50 along highways and major thoroughfares;
35 along all other public highways or streets
2 Side setback, street (feet) 50 along highways and major thoroughfares;
35 along all other public highways or streets
Side setback, interior *
Rear setback *
Building height, maximum (feet) 40**
* Determined in accordance with Section 3.1.3.C, Setback Requirements in Certain Commercial and Industrial
Districts.
** Buildings located within the Employment Center, Community Mixed Use, Urban Mixed Use, or Commerce
Zone place types and fronting along a collector, Minor Arterial, or Principal Arterial as indicated on the
Wilmington MPO Functional Classification Map, may exceed 40 feet in height provided their FAR does not
exceed 1.0. The FAR may exceed 1.0, but shall not exceed 1.4 if (1) the ratio of the total building footprint to
the total buildable site area does not exceed 40% and (2) the required parking (exclusive of off-loading and
service parking) is included within the building footprint. If all surface parking (excluding visitor drop-off and
pick-up) is within the building footprint, additional floor area can be added at the rate of one foot of floor per
one foot of parking area. The total height of the parking structure shall be excluded from the height limit.
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E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
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3.4.6. OFFICE AND INSTITUTIONAL (O&I) DISTRICT
A. Purpose
The purpose of the Office and Institutional (O&I) District is to provide lands that accommodate
institutional, professional office, and other compatible uses. The O&I district should be located in
areas with more intense uses and higher density development patterns to support economic clusters
in appropriate locations.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards
Standard All Uses
Lot area, minimum (square feet)* 15,000
1 Lot width, minimum (feet)* 90
2 Front setback (feet)* 25
3 Side setback, street (feet)* 25
Side setback, interior* **
Rear setback* **
Density, maximum (dwelling units/acre) 2.5***
Building height, maximum (feet) 40
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Determined in accordance with Section 3.1.3.C, Setback Requirements in Certain Commercial and Industrial
Districts.
*** Applies only to Performance Residential Developments (see Section 3.1.3.D).
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E. Other District Standards
1. Signs.
i. Properties located adjacent to minor or major arterials as
identified on the WMPO Functional Classification Map shall be
limited to total signage of 75 square feet in surface area.
ii. One sign of an advertising nature depicting the name or nature
of a product, service, or business located on that premises
shall be permitted on any property in the O&I District. Such
signs shall be limited to 12 square feet in surface area and shall
not exceed the height of the principal structure on the
premises. Such signs, if illuminated, shall be indirectly
illuminated with the source of light concealed from the view of
any public street or residential lot.
iii. Signs or a directional nature shall be permitted; however, each
such sign shall not exceed 2 square feet in surface area (one
side) with no lighting and shall be limited to 7 feet in height.
2. Lighting. The source of any outdoor lighting in an O&I district shall be
concealed so as not to be visible from any public street or any residential
lot.
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F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
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3.4.7. SHOPPING CENTER (SC) DISTRICT
A. Purpose
The purpose of the Shopping Center (SC) District is to provide lands allowing for the development of
unified commercial projects as part of larger commercial clusters or as new neighborhood nodes
located close to residential neighborhoods that allow for convenient access to basic goods and
services. District regulations are designed to ensure compatibility with adjacent properties so the SC
district can be used to create the types of mixed used development patterns outlined in the
Comprehensive Plan.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards
Standard All Uses
Minimum contiguous area: 7 acres*
Setback from district border, minimum (feet) 50
Setback from district boundary, minimum (feet) 25
Building height, maximum None
* No zoning map amendment shall reduce the size of contiguous area classified SC to less than seven acres,
unless the entire district is rezoned for other purposes.
E. Other District Standards
1. No Shopping Center district may extend across any major highway.
2. The owner or owners of the entire area proposed to be amended to an SC
district shall sign a petition for an Amendment to the Official Zoning Map and
shall follow the procedures set out for a Conditional Zoning district (see
Section 10.3.3: Conditional Zoning).
2
Unified Development Ordinance | New Hanover County, NC 3-91
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
3-92 New Hanover County, NC | Unified Development Ordinance
3.4.8. COMMERCIAL SERVICES (CS) DISTRICT
A. Purpose
The Commercial Services (CS) 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 act as a transitional land use between intensive industrial and commercial
development and less intensive commercial, office, and institutional uses.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards
Standard All Uses
Lot area, minimum (square feet) 7,500
1 Lot width, minimum (feet) 65
2 Front setback (feet) 35
3 Side setback, street (feet) 25 along highways and major thoroughfares
17.5 along all other public highways or streets
4 Side setback, interior (feet) 7*
5 Rear, generally (feet) 15**
Building height, maximum (feet) 40***
* The interior side setback is 30 feet from abutting residentially zoned land.
** The rear setback is 35 feet from abutting residentially zoned land land.
*** Buildings having a height over 35 feet are subject to additional setbacks and bufferyards of 4 additional feet.
Unified Development Ordinance | New Hanover County, NC 3-93
E. Other District Standards
Lighting: All new construction where exterior site lighting is provided shall
observe the following limitations as to height:
a. Unrestricted lighting: 10 feet
b. Ninety-degree cutoff lighting: 15 feet
In no case shall lighting for new construction be located or installed so as to
shine directly onto residential premises.
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
2
5
5
4
1
1
4 2
3
3-94 New Hanover County, NC | Unified Development Ordinance
3.4.9. AIRPORT COMMERCE (AC) DISTRICT
A. Purpose
The purpose of the Airport Commerce (AC) District is to provide lands to accommodate planned
restricted business and industrial development in which the principal use of land is for indoor
manufacturing, distribution, and other types of operations that are compatible with airport facilities
and require sites near to railroads and/or major thoroughfares. The specific intent of the district is
to:
Encourage the types of development that are compatible with airport operations;
Protect and promote the public utility of Wilmington International Airport;
Promote the health, safety, and general welfare of the residents of New Hanover County by
preventing the creation of hazards around the airport to protect the lives and property of both
the users of the airport and nearby residents; and
Prevent destruction or impairment of the utility of the airport and the public’s investment.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 4: Uses and Use-Specific Standards.
Unified Development Ordinance | New Hanover County, NC 3-95
D. District Dimensional Standards
Standard All Uses
Lot area, minimum (square feet) 43,560*
1 Lot width, minimum (feet) 150
2 Front setback (feet) 50
3 Side setback, street (feet) 50
Side setback, interior **
Rear setback **
Building height, maximum (feet) 35***
* Any property subdivided and recorded prior to June 1, 1981 may be less than the minimum lot area, provided
such lots are located outside of an approach zone for Wilmington International Airport. Any such property
located within an airport approach zone may be approved pursuant to a Special Use Permit issued in
accordance with 10.3.5: Special Use Permit.
** Determined in accordance with Section 3.1.3.C, Setback Requirements in Certain Commercial and Industrial
Districts.
*** Unless otherwise specified in Section 5.10, Airport Height Restriction.
1
1 2
2 3
3-96 New Hanover County, NC | Unified Development Ordinance
E. Other District Standards
1. Access
Any means of direct access to or from any development shall not be through
any land in a Residential district or land on which there is residential
development, or along any street or road in a residential subdivision.
2. Lighting
a. Any pulsating, flashing, rotating, oscillating, or other type of light
intended as an attention-getting device is prohibited.
b. Flood lights, spot lights, or another lighting device shall be arranged or
shielded so as not to cast illumination in an upward direction above an
imaginary line extended from the light source parallel to the ground.
3. Radio and Electronic Device
a. Any radio or electronic device is permitted only in conjunction with a
valid license or other authorization as may be issued by the FCC.
b. Any radio or electronic device, the operation of which would violate any
rules or regulations of the FCC is prohibited.
4. Visual Hazards
Any operation or use that emits smoke, dust, or creates glare or other visual
hazards is prohibited.
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
3-98 New Hanover County, NC | Unified Development Ordinance
3.4.10. LIGHT INDUSTRIAL (I-1) DISTRICT
A. Purpose
The purpose of the Light Industrial (I-1) District is to provide lands to accommodate light industrial
development and associated operations, including assembly, fabrication, packaging, and transport,
where operations are conducted primarily indoors and where suitable sites are served by rail, a
waterway, and/or a highway transportation system as well as readily available utilities. I-1 districts
are intended to support the development of commerce and employment clusters as recommended
in the Comprehensive Plan. Heavy industrial uses in which raw materials are converted into products
for subsequent assembly or fabrication or where uses create an excessive amount of noise, odor,
smoke, dust, airborne debris, or other objectionable characteristics that might be detrimental to
surrounding areas are not appropriate in the I-1 district.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards
Standard All Uses
Lot area, minimum (square feet) None
1 Lot width, minimum (feet) None
2 Front setback (feet) 50
3 Side setback, street (feet) 50
Side setback, interior *
Rear setback *
Building height, maximum (feet) 40**
* Determined in accordance with Section 3.1.3.C, Setback Requirements in Certain Commercial and Industrial
Districts.
** Buildings located within the Employment Center or Commerce Zone place types and fronting along a Collector,
Minor Arterial, or Principal Arterial as indicated on the Wilmington MPO Functional Classification Map, may
exceed 40 feet in height provided their FAR does not exceed 1.0.
Unified Development Ordinance | New Hanover County, NC 3-99
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
3 2
2
1
1
3-100 New Hanover County, NC | Unified Development Ordinance
3.4.11. HEAVY INDUSTRIAL (I-2) DISTRICT
A. Purpose
The purpose of the Heavy Industrial (I-2) District is to provide lands that accommodate a full range
of heavy industry uses to support the development and success of industrial and commerce clusters
as identified in the Comprehensive Plan. Uses allowed in the district include manufacturing,
fabrication, assembly, warehousing, distribution, and accessory outside storage uses associated with
heavy industrial uses, where such heavy industry uses are served by rail, waterway, and/or highway
transportation systems. District regulations are included to protect development situated outside the
district and minimize environmental impacts caused by the uses within the district.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards
Standard All Uses
Lot area, minimum (square feet) None
1 Lot width, minimum (feet) None
2 Front setback (feet) 50
3 Side setback, street (feet) 50
Side setback, interior *
Rear setback *
Building height, maximum None
* Determined in accordance with Section 3.1.3.C, Setback Requirements in Certain Commercial and Industrial
Districts.
Unified Development Ordinance | New Hanover County, NC 3-101
E. Other District Standards
Buffers must be established between I-2 and adjacent, non-industrial uses, in accordance with
5.4.4: Transitional Buffers.
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
3
2
2
1
1
Unified Development Ordinance | New Hanover County, NC 3-103
Section 3.5. Overlay and Special Purpose Districts
3.5.1. INTENT
The UDO established overlay and special purpose districts to:
A. Clearly designate areas within the unincorporated County with specific regulations
in addition to those required by the general use district to assist in protecting
resident safety and/or important community resources; and
B. Allow additional options for development of specific projects that are consistent with
the goals of the Comprehensive Plan and the objectives of this UDO.
3.5.2. ESTABLISHED OVERLAY AND SPECIAL PURPOSE ZONING DISTRICTS
The overlay and special purpose zoning districts established by this UDO are
identified in Table 3.6.2: Established Overlay and Special Purpose Zoning Districts
3-104 New Hanover County, NC | Unified Development Ordinance
3.5.3. SPECIAL HIGHWAY OVERLAY (SHOD) DISTRICT
A. Purpose
The purpose of the Special Highway Overlay (SHOD) District is to protect the
natural beauty and scenic vista that exists along interstate highways and
other specially designated roadways that serve as major accessways and
gateways into unincorporated New Hanover County. Protection of these
highways is important and necessary to maintain and preserve the natural
woodlands and open spaces that characterize these roadways. The
continued protection of these scenic highways is also a valuable asset to the
County’s tourism economy and enhances the attractiveness of the County for
trade and investment.
B. SHOD District Boundaries
The boundaries of the SHOD District are shown on the Official Zoning District
Map.
C. Applicability
1. The SHOD district regulations apply to the development of all land within
the district, in addition to the regulations of the general use district in
which the land is located. In the event there are conflicts between the
SHOD district regulations and those of the underlying general district
regulations, the SHOD district regulations shall control.
2. Except for access roads and utility (communications, gas, electrical,
sanitary services) structures, all non-residential structures, buildings, and
improvements to land located within the SHOD shall comply with the
requirements of Section 3.5.3.D, SHOD District Standards.
D. SHOD District Standards
1. Setbacks
a. All non-residential buildings and their accessory uses shall be set
back a minimum of 100 feet from the right-of-way of the designated
highway.
b. No building shall be located less than 25 feet from any property line.
c. The setback may be reduced for those buildings, accessory uses, and
off-street parking by a maximum of 25 percent if the development
provides additional plantings along the right-of-way. At a minimum,
these plantings shall consist of one deciduous or evergreen tree at
least 2.5” caliper for every 40 feet of road frontage. These
streetscape trees must be selected and planted in accordance with
Section 5.4, Landscaping and Buffering, and must be located in the
first 10 feet of land adjacent to and parallel to the right-of-way, except
that plantings may be moved outside this area if it is determined that
overhead power lines would interfere with the trees’ natural growth.
Unified Development Ordinance | New Hanover County, NC 3-105
2. Enclosed Facilities
All manufacturing, storage, offices, wholesaling, retail sales or similar
uses shall be conducted within an enclosed building.
3. Outside Storage
a. Outside storage can be permitted if it is located directly to the rear of
the principal building and is not visible from the designated highway.
b. The outside storage area shall not occupy an area wider than the
principal building or larger than one-half the area of the principal
building.
c. A 3-row screen shall be provided in accordance with the standards of
Section 5.4, Landscaping and Buffering.
d. No storage shall be permitted above the height of the screen.
e. Junk yards and scrap processors are not permitted.
4. Parking and Loading
a. Loading areas are permitted on the side or rear of the principal
structure as viewed from the designated highway. If loading is
performed on the side of the building, as viewed from the designated
highway, a 3-row screen shall be provided in accordance with the
standards in Section 5.4, Landscaping and Buffering.
b. No vehicular or equipment parking, except automobile parking, shall
be permitted in the yard area adjacent to the designated highway. All
automobile parking shall be set back at least 100 feet from the right-
of-way of the designated highway if such highway is an interstate or
thoroughfare with controlled access. Other US and NC numbered
highways shall require a 50-foot setback for automobile parking.
5. Lot Coverage
The total ground area covered by principal buildings and all accessory
buildings shall not exceed 50% of the site.
6. Signs:
Signs shall comply with Section 5.6, Signs, except that only one
freestanding ground sign that does not exceed 6 feet in height and a
maximum surface area of 150 square feet is allowed within the 100-foot
setback. No outdoor advertising signs are permitted.
7. Any parcel of land that is located in overlapping SHOD districts shall be
subject to all of the setback requirements of this section for one of the two
designated highways, except the setbacks from the right-of-way of the
secondary highway frontage, as determined by the applicant, may be
reduced by 50 percent.
3-106 New Hanover County, NC | Unified Development Ordinance
3.5.4. WATER SUPPLY WATERSHED OVERLAY (WSW) DISTRICT
A. Purpose
The purpose of the Water Supply Watershed Overlay District is to preserve
and protect the water quality of the County's surface water supplies from
pollution as a result of activities from new construction as well as existing
development. The preservation of these potable drinking water supplies is
important to the orderly growth of the County and serves to ensure that
primary and secondary sources of drinking water are available to serve
existing and future populations. This ordinance is established as mandated
by the Water Supply Watershed Protection Act, (NCGS 143-214.5).
B. Applicability
1. Unless exempted by subsection 3 below, the development and
improvement of property, including the subdivision of land, that is located
within the water supply watershed shall be subject to the standards in this
section (3.5.4). Official maps of and information pertaining to the water
supply watershed shall be maintained by, and shall be available for
review at the County Planning and Land Use Department. These maps
shall serve as the official source by which to identify the boundaries of the
water supply watershed.
2. These WSW District regulations apply to the development of all land
within the district, in addition to the regulations of the general use district
in which the land is located. In the event there are conflicts between the
WSW District regulations and those of the underlying general district
regulations, the WSW district regulations shall control.
3. The following uses are exempt from the standards in this section (3.5.4):
a. The development of a single family home, one residential duplex, or
the location of two or fewer mobile homes on a parcel or lot of record
where permitted by the underlying zoning;
b. The installation and maintenance of water, sewer, electrical, and other
utility systems where it can be demonstrated that the installation
causes only minimal disturbance of the water supply;
c. Agriculture subject to the provisions of the Food Security Act of 1985
and the Food, Agriculture, Conservation and Trade Act of 1990; and
d. Silviculture subject to the provisions of the Forest Practices
Guidelines Related to Water Quality (15 NCAC 1I.6101-.0209).
4. Official maps of an information pertaining to the water supply watershed
shall be maintained by and shall be available for review at the New
Hanover County Planning and Land Use Department. These maps shall
serve as the official source by which to identify the boundaries of the
watershed.
Unified Development Ordinance | New Hanover County, NC 3-107
C. WSW District Standards
1. Stormwater Management
Approval of a drainage plan meeting the requirements of Section 6.3.3.E,
Surface Water Drainage, is required for all development subject to this
section (3.5.4). All structures shall be set back at least 100 feet from the
mean high water line.
2. Agriculture
Existing or new agricultural activities conducted after January 1, 1994
shall maintain a minimum ten-foot vegetated buffer, or equivalent buffer
as determined by the Soil Conservation Service, adjacent to the shoreline
of the water supply.
3. Non-residential Uses
All non-residential activities shall be limited to a built-upon area not to
exceed 24 percent of the site. Additionally, nonresidential uses that store
toxic or hazardous wastes or other contaminants that are listed in SARA,
Section 302, Extremely Hazardous Substances, CERCLA Hazardous
Substances, or Section 311 of CWA (oil and hazardous substances) in
any amount are prohibited unless they provide a spill containment plan
approved by the Director of Emergency Management. Such plans shall
be updated every two years. Local response to spills shall be in
accordance with the New Hanover County Emergency Operations Plan.
4. Residential Uses
The maximum allowed density for new subdivisions, including
performance developments, shall not exceed that permitted by the RA
Rural Agriculture Zoning District.
3-108 New Hanover County, NC | Unified Development Ordinance
3.5.5. CONDITIONAL ZONING (CZ) DISTRICT
A. Purpose
The Conditional Zoning (CZ) District option is established to address
situations where a particular land use would be consistent with the
Comprehensive Plan and the objectives of this Ordinance and only a specific
use or multiple specific uses are proposed and appropriate for the
development of a site. The district is primarily intended for use at transitions
between zoning districts of dissimilar character where a particular use or
uses, with restrictive conditions to safeguard adjacent land uses, can create a
more orderly transition benefiting all affected parties and the community at-
large. It is intended only for firm development proposals and should not be
used for tentative projects without definitive plans.
B. Applicability
CZ districts are intended only for voluntary proposals submitted in the names
of the owners of all property included in the petition/application.
C. Districts Established
The following conditional zoning districts, each bearing the designation "CZ",
are hereby established:
1. The residential conditional zoning districts include: CZ-RA, CZ-AR, CZ-
R20S, CZ-R-20, CZ-R15, CZ-R-10, CZ-R-7, CZ-R-5, CZ- RMF-L, CZ-
RMF-M, CZ- RMF-MH, CZ-RMF-H.
2. The commercial and industrial conditional zoning districts include: CZ- B-
1, CZ- CB, CZ-B-2, CZ- O&I, CZ-SC, CZ- CS, CZ-I-1, and CZ-I-2.
D. District Requirements
1. Eligible Uses
Only uses allowed by right in the corresponding general use district are
eligible for CZ district consideration and any such use within a CZ district
shall, as a minimum requirement, satisfy all the regulations of the
corresponding general use district.
2. Additional Conditions and Requirements
The approval for a specific CZ district shall specify all additional
conditions and requirements that represent greater restrictions on
development and use of the land than the corresponding general use
district regulations or other limitations on land that may be regulated by
state law or local ordinance. Such conditions and requirements shall not
specify ownership status, race, religion, character, or other exclusionary
characteristics of the occupant(s), shall be objective, specific, and
detailed to the extent necessary to accomplish their purpose, and shall
relate rationally to making the approval compatible with the
Comprehensive Plan, other pertinent requirements of this Ordinance, and
to securing the public health, safety, morals, and welfare.
Unified Development Ordinance | New Hanover County, NC 3-109
3. Conceptual Plan
Applications for establishment of a CZ district shall include a conceptual
development plan depicting the proposed development configuration that
conforms to the application requirements for conditional zonings in the
Administrative Manual and any other conditions of approval proposed by
the applicant.
4. Relationship to Overlay District Standards
Regulations governing development in an overlay zoning district shall
apply in addition to the regulations governing development in the CZ
district. If the standards governing a CZ district expressly conflict with
those governing an overlay district, the more restrictive standards shall
control.
3-110 New Hanover County, NC | Unified Development Ordinance
3.5.6. CONDITIONAL USE ZONING (CUD) DISTRICTS
A. Purpose
The Conditional Use (CUD) Zoning District option is established to address
situations where a particular land use or uses would be consistent with the
Comprehensive Plan and the objectives of this Ordinance but none of the
general zoning district classifications that would allow that use are
acceptable. It is primarily intended for use with transitions between zoning
districts of dissimilar character where a particular use or uses, with restrictive
conditions to safeguard adjacent uses can create a more orderly transition
benefiting all affected parties and the community at-large. It is not intended as
a routine substitute for the general rezoning process or for frequent use
because creating a large number of such specialized districts can lead to
excessive administrative complexity and great difficulty in maintaining
consistent and predictable land use policies. It is intended only for firm
development proposals and should not be used for tentative projects without
definitive plans.
B. Applicability
CUD districts are intended only for voluntary proposals submitted in the
names of the owners of all property included in the petition/application.
C. Districts Established
The following conditional use zoning districts, each bearing the designation
"CUD", are hereby established:
1. The residential conditional use zoning districts include: CUD-RA, CUD-
AR, CUD-R20S, CUD-R-20, CUD-R15, CUD-R-10, CUD-R-7, CUD-R-5,
CUD- RMF-L, CUD- RMF-M, CUD- RMF-MH, CUD-RMF-H.
2. The commercial and industrial conditional use zoning districts include:
CUD- B-1, CUD- CB, CUD-B-2, CUD- O&I, CUD-SC, CUD- CS, CUD-I-1, and
CUD-I-2.
D. Other District Standards
1. Eligible Uses
Only uses allowed by right of by special use permit in the corresponding
general use district are eligible for consideration of approval of a CUD
district. Any such use within a CUD district shall, as a minimum
requirement, satisfy all the regulations of the corresponding general use
district.
2. Conditions and Requirements
a. Within a CUD district, no use is allowed except by special use permit.
This permit may specify additional conditions and requirements that
represent greater restrictions on development and use of the tract
than the corresponding general use district regulations or other
limitations on land that may be regulated by state law or local
ordinance. Such conditions and requirements shall not specify
ownership status, race, religion, character or other exclusionary
Unified Development Ordinance | New Hanover County, NC 3-111
characteristics of occupants; shall be objective, specific, and detailed
to the extent necessary to accomplish their purpose; and shall relate
rationally to making the permit compatible with the Comprehensive
Plan, the requirements for a special use permit, other pertinent
requirements of this Ordinance, and to secure the public health,
safety, morals, and welfare.
b. The special use permit application shall include a development plan if
appropriate to illustrate conditions and requirements that are difficult
to describe with text. The development plan shall be of sufficient detail
to depict the conditions and requirements proposed by the applicant.
3. Relationship to Overlay District Standards
Regulations governing development in an overlay zoning district shall
apply in addition to the regulations governing development in the CUD
district. If the standards governing a CUD district expressly conflict with
those governing an overlay district, the more restrictive standards shall
control.
Unified Development Ordinance | New Hanover County, NC 4-1
Article 4: Uses and Use-Specific Standards
Section 4.1. Categorization of Principal Uses
4.1.1. ORGANIZATION
A. For the purposes of this UDO, principal land uses and activities are classified into
five general “use classifications,” namely Agricultural, Residential, Civic &
Institutional, Commercial, and Industrial, and then into specific “use categories”
(e.g., Household Living within the Residential use classification) that are based on
common functional, product, or physical characteristics, such as the type and
amount of activity, the type of customers or residents, how goods or services are
sold or delivered, and site conditions. Use categories may be further organized into
“use types” (e.g., Townhouse Dwelling within the Household Living category) where
there are a number of possible variations of a use category. An additional layer of
organization is included in the Industry & Manufacturing use category to group use
types under three-digit NAICS codes for ease of reference. The organization and
classification of principal uses in this UDO provides a systematic basis for assigning
present and future land uses into appropriate zoning districts.
B. The principal use of a parcel of land or structure is the primary or predominant
purpose to which it is devoted and may include customary and ancillary uses that
are associated with or support the principal use. A parcel of land may contain more
than one principal building or structure.
4.1.2. APPLICATION AND INTERPRETATION
A. Permitted Uses and Approval Process
1. If a use is specifically listed and the applicant demonstrates that the use
complies with the requirements of this UDO, including any applicable use-
specific standards, that use and only that specific use may be authorized
in accordance with the procedures and standards in Article 10:
Administrative Procedures. No other uses may be substituted for the use
requested.
2. Multiple uses may be permitted on a parcel where the site layout can be
achieved in compliance with applicable zoning district standards, use
standards, and development standards. Each use must be approved in
accordance with the procedures and standards in Article 10:
Administrative Procedures.
B. Interpretation of Uses
1. New or unlisted uses may be interpreted into the Table 4.2.1: Principal
Use Table, though the process outlined in Section 4.1.3: Classification of
New or Unlisted Uses.
2. If a use is identified in a specific use category in Table 4.2.1: Principal
Use Table, it may not be interpreted into a different use category even
though it may broadly fit within the use category.
4-2 New Hanover County, NC | Unified Development Ordinance
4.1.3. CLASSIFICATION OF NEW OR UNLISTED USES
A. Interpretation Process
The County recognizes that new types of land uses will develop, and
applicants may seek to locate land uses not anticipated in this UDO. When a
use category or use type is proposed that is not specifically listed, the
Planning Director shall make a determination as to the appropriate
classification of any new or unlisted form of land use based on the criteria
listed in subsection B below.
B. Interpretation Criteria
1. The Planning Director is authorized to classify uses on the basis of the
use category, subcategory, or use type, or if the use appears to fit into
multiple categories, subcategories, or use types; the Planning Director is
authorized to determine the most similar, and thus most appropriate, use
category, subcategory, or use type based on the actual or projected
characteristics of the principal use or activity in relationship to the use
category, subcategory, and use type descriptions provided in this
Ordinance. In making such determination, the Planning Director shall
consider:
a. The types of activities that will occur in conjunction with the use;
b. The types of equipment and processes to be used;
c. The existence, number, and frequency of residents, customers, or
employees;
d. Parking demands associated with the use;
e. Any special public utility requirements for serving the proposed use
type, including but not limited to electricity, water supply, wastewater
output, pretreatment of wastes and emissions required or
recommended, and any significant power structures or infrastructure
and communications towers and facilities;
f. 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; and
g. Other factors deemed relevant to a use determination.
2. If a use can reasonably be classified in multiple categories, subcategories
or specific use types, the Planning Director shall categorize the use in the
category, subcategory, or use type that most closely matches the number
of factors met and identify the key reasons for that determination.
4.1.4. USE CLASSIFICATIONS
A. Agricultural Uses
This is a classification of uses characterized by active and ongoing
agricultural and forestry uses, activities, and related uses. An agricultural
use, in general, means the use of and for the growing and production of field
crops, trees and plants, livestock, aquatic, and animal products for the
Unified Development Ordinance | New Hanover County, NC 4-3
production of income. Other agricultural uses might include fruit and
vegetable stands, livestock sales, wholesale nurseries, and stables.
B. Residential Uses
This is a classification of uses made up of structures intended for ongoing
and continuous human habitation.
C. Civic & Institutional Uses
This classification of uses encompasses public, quasi-public, and private
uses that provide services of benefit to the public at-large.
D. Commercial Uses
This is a classification of uses that includes any retail, consumer service, or
office use.
E. Industrial Uses
This classification of uses primarily involves the processing of raw materials
and manufacture of goods but also includes the storage or shipment of goods
and treatment of waste, large-scale power generation, and processing and
disposal of waste and other materials.
Section 4.2. Allocation of Principal Uses
4.2.1. PRINCIPAL USE PERMISSIONS
Table 4.2.1: Principal Use Table, identifies which uses are permitted by right,
permitted subject to approval of a special use permit, and prohibited in each zoning
district. Permissions for the RFMU and EDZD districts are outlined in Article 3:
Zoning Districts. The meanings of abbreviations in Table 4.2.1 are set forth in
subsections A through D below.
A. A “P” in a cell indicates the use is permitted by right in the zoning district. Permitted
uses, except for exempt bona fide farm uses, are subject to all other applicable
standards of this UDO.
B. An “S” in a cell indicates that the use is allowed only if reviewed and approved as a
special use in accordance with Section 10.3.5, Special Use Permit. Special uses
are subject to all other applicable standards of this UDO.
C. An asterisk (“*”) beside a “P” or an “S” in a cell indicates that the use is subject to
use-specific standards, as outlined in Section 4.3, Standards for Specified Principal
Uses, in the respective zoning district.
D. A blank cell indicates that the use is not allowed in the respective zoning district.
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Section 4.3. Standards for Specified Principal Uses
4.3.1. AGRICULTURAL USES
A. All Agricultural Uses
1. Stable
Stables in the AR, R-20, and R-15 districts shall comply with the following
standards:
a. No stable shall be erected closer than 100 feet to any property line.
b. A buffer in compliance with Section 5.4, Landscaping and Buffering,
shall be required along property lines adjacent to residential uses.
4.3.2. RESIDENTIAL USES
A. Household Living
1. Dwelling, Dual-Unit Attached
Dual unit attached dwellings in the B-1 and B-2 districts shall comply with
the standards for multi-family dwellings.
2. Dwelling, Multi-Family
Multi-family dwellings in the B-1 and B-2 districts shall comply with the
following standards:
a. Dwelling units must be part of mixed use development established to
provide innovative opportunities for an integration of diverse but
compatible uses into a single development that is unified by
distinguishable design features with amenities and walkways to
increase pedestrian activity.
b. The development shall be single ownership or unified control of a
property owners association.
c. Uses within the development are restricted to residential uses and
uses allowed in the B-1 district.
d. Sidewalks must be provided throughout the project.
e. Parking location and quantity shall be shared.
f. Community facilities and/or common area shall be provided.
g. Mixed-Use Residential buildings are permitted and encouraged.
h. Conceptual elevations indicating proposed architectural style and
conceptual lighting plans shall be submitted with the application.
3. Dwelling, Quadraplex
Quadraplex dwellings in the B-1 and B-2 districts shall comply with the
standards for multi-family dwellings.
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4. Dwelling, Single-Family Detached
Single-family dwellings in the B-1 and B-2 districts shall comply with the
standards for multi-family dwellings.
5. Dwelling, Triplex
Triplex dwellings in the B-1 and B-2 districts shall comply with the
standards for multi-family dwellings.
6. Dwelling, Row-Style
Row-style dwellings in the B-1 and B-2 districts shall comply with the
standards for multi-family dwellings.
7. Live/Work or Caretaker Unit
The purpose of this provision is to allow close physical proximity required
by the owner-operator or a full-time employee to effectively transact a
small business and yet maintain economically and safely a family dwelling
unit within the same structure.
a. Any attached and detached live/work unit shall be allowed, provided:
1. The dwelling unit shall be occupied solely by the person engaged
in the principal use, a full-time employee, or their family members
residing with them;
2. The building shall meet the minimum side and rear setbacks of the
R-15 district and the front setback requirements of the underlying
zoning district.
3. The site shall provide an open space, unobstructed by any
buildings, parking or structures, equal to the total floor space of
the dwelling unit.
4. The amount of floor area for the dwelling unit shall be not more
than 50 percent of the total floor area of the principal use.
5. The dwelling unit shall be located totally above the ground floor or
totally to the rear of the principal structure so as not to interrupt
the commercial frontage.
6. In addition to the required off-street parking for the principal use, 2
off-street parking spaces shall be provided for the dwelling unit.
7. A site plan and building layout shall be submitted with application.
b. A mobile home may be used as a separate and unattached residential
structure under this provision, provided the following standards:
1. An area of 15,000 square feet can be designated for the use of
residents, free from any use or activity needed to operate the
business;
2. The mobile home shall be screened from view by adjacent
properties or rights-of-way as specified in Section 5.4,
Landscaping and Buffering;
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3. The dwelling unit shall be occupied solely by the person engaged
in the principal use, a full time employee, or their family members
residing with them;
4. The mobile home shall meet the minimum side and rear setbacks
of the R-15 District and the front setback requirements of the
underlying zoning district;
5. The mobile home shall be totally to the rear of the principal use so
as not to interrupt the commercial frontage; and
6. A site plan and building layout shall be submitted with application.
c. A single family dwelling unit may be constructed under this provision
as a caretaker home for the enforcement and maintenance of
conservation areas, provided:
1. The dwelling shall be occupied solely by the person engaged in
the maintenance of the conservation land, an employee of the
organization holding the conservation easement, or their family
members residing with them;
2. The conservation easement allows a residence on the designated
conservation land;
3. The building shall meet the minimum side and rear setbacks of the
R-15 District and the front setback requirements of the underlying
zoning district; and
4. A site plan and building layout shall be submitted with application.
8. Mobile Home
Mobile homes in the I-1 and I-2 districts shall comply with all dimensional
requirements as specified for residential dwellings in the R-15 District.
9. Mobile Home, Doublewide
a. All doublewide mobile home structures shall have a gabled roof and
be permanently affixed to a continuous permanent masonry
foundation unpierced except for required ventilation and access.
b. Wheels, axles, transportation lights, and towing apparatus must be
removed.
10. Mobile Home Park
Mobile home parks shall comply with the following standards:
a. General Standards
1. Density shall not exceed 2.5 units per acre outside of areas
designated as Employment Center, Urban Mixed Use, or
Community Mixed Use in the County’s Comprehensive Plan.
2. No person shall construct a mobile home park or make any
addition to a mobile home park that either alters the number of
sites for mobile homes within the park or affects the facilities
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required therein without a permit authorizing such construction or
addition.
3. Every mobile home park shall contain at least three mobile home
spaces.
4. The amount of land for each mobile home space utilizing
individual septic tank systems shall be determined by the New
Hanover County Health department after an investigation of soil
conditions, the proposed method of sewage disposal, and
proposed water system. However, in no case shall the size of a
mobile home space be less than 5,000 square feet, and 6,000
square feet for multi-section units.
5. No mobile home park spaces shall be located in the 100-year
Floodplain.
6. Parking shall be provided off-street at a ratio of 2:1 and shall be
set back a minimum of ten feet from the roadway surface.
b. Space Requirements
1. Each mobile home space shall be at least 40 feet wide.
2. There shall be at least 20 feet of clearance between mobile
homes, including ones parked end-to-end.
3. No mobile home shall be located closer than 75 feet to any
residentially zoned property not occupied by a mobile home park.
4. Mobile homes shall be set back a minimum of 29 feet from the
center line of the roadway.
c. Buffering
The mobile home park shall meet the requirements of 5.3.8.C,
Landscaping and Buffering, except that no decrease in the required
75-foot setback shall be allowed if a buffer width is increased.
d. Road Improvements
1. All roads in any mobile home park serving more than 25 spaces
shall be paved to county specifications.
2. Each road shall be at least 18 feet in width and shall be generally
centered in a right-of-way not less than 30 feet in width with direct
access to a publicly maintained street or highway.
3. Each mobile home space shall abut an improved interior road, but
none shall have direct access to a public street or thoroughfare.
4. Every street shall have a reserved strip six feet in width running
parallel and adjacent to each side of the paved surface that shall
be used for driveways, walkways, grass, low growing vegetative
cover, or utility rights-of-way and must be seeded.
5. Unless unusual topography or configuration of property lines
dictate otherwise, cul-de-sacs shall not exceed 1,000 feet in
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length with a minimum turnaround of 80 feet in diameter and an
improved surface radius of 35 feet.
6. All streets will be appropriately identified with street name signs as
applicable.
7. Parks providing internal access using unpaved roads shall design
these roads to ensure emergency vehicle access.
e. Space Identification
All spaces shall be permanently identified with numbers at least three
inches high located on the ground by permanent markers or on
monuments, provided they are visible from the street. The numbers
may be pole-mounted provided the numbers do not exceed one
square foot and the pole does not exceed three feet in height except
that electrical pedestals may also be used for numbering. Each
individual mobile home shall also be affixed with lot identification
numbers erected on the façade of the structure that fronts the
roadway.
f. Signage
Permanent identification signs for the park may be allowed provided:
1. The sign is non-illuminated and does not exceed 32 square feet in
area; and
2. The sign shall be located on private property and at least ten feet
from any public right-of-way and at least 20 feet from any dwelling
unit.
g. Open Space
1. The developer shall be responsible for ensuring adequate open
space areas are available for use by the residents in accordance
with Table 4.3.2.A.10.g: Required Open Space.
26-50 ½ acre
51-100 1 acre
101-150 1 ½ acres
Over 150 1 ½ acres + 199 square feet per lot over 150
2. All open space areas shall have a minimum of 2,500 square feet.
This requirement may be waived if the average lot size of the
mobile home park is 10,000 square feet or greater.
3. Open space areas shall be designed and located to be easily
accessible to all residents.
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h. Street Lights
A lighting system consisting of electric lamps with 200-foot spacing or
as specified by power company standards shall be provided. Pole
mounted lights shall be set back 5 feet from the edge of the roadway
surface. Lighting intensity shall be based on the standards used by
the power company for candlepower at ground level.
i. Refuse Collection
Arrangements shall be made for a private vendor or other source to
collect refuse, either from individual spaces or from centrally located
dumpster sites. All dumpster locations are to be fenced and screened
from view. Individual refuse receptacles shall be waterproof and
rodent proof.
j. Sewage Disposal
All parks are to be provided with a sewage collection system and/or
septic tanks approved by the appropriate agency.
k. Water Supply
All parks shall obtain water from a public source or a source as
approved by the local or state health agency.
l. Utilities
Each space shall be equipped with water, sewer, and electrical
connections.
m. Fire Hydrants
1. For any mobile home park with three or more spaces that is
served by a public or private central water system meeting state
requirements for fire hydrants, the developer shall be required to
install a fire hydrant at the entrance to the mobile home park.
2. For any mobile home park with 10 or more spaces that is served
by a central water system meeting state requirements for fire
hydrants, the developers shall be required to install additional
hydrants equal to the total linear feet of the roadway divided by
1,000 or to the total number of spaces divided by 40, whichever is
greater. These additional hydrants shall be spaced evenly
throughout the mobile home park in order to provide maximum fire
protection coverage, as determined by the County Fire Marshal.
In no case shall a space be located more than 500 feet from a
hydrant.
3. For any mobile home park with three or more spaces and with no
adequate central water system, but either including or adjacent to
an adequate, permanent surface water body, the developer shall
be required to do one of the following:
i. Install a dry fire hydrant as close to the water source as
possible, with the adequacy of the water source and location
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of the dry fire hydrant to be determined by the County Fire
Marshal; or
ii. Establish an easement or road to the water source providing
permanent, all-weather access that is adequate, as
determined by the County Fire Marshal for fire-fighting
equipment and vehicles.
n. Mobile Home Stands and Anchors
Each mobile home space shall be improved to provide an adequate
foundation for the placement and anchoring of the mobile home as
follows:
1. The mobile home site shall be improved to provide an adequate
foundation for the placement and anchoring of the mobile home,
thereby securing the structure against uplift, sliding, rotation,
and/or overturning.
2. Each mobile home shall be provided with anchorage in
accordance with the North Carolina Uniform Standard Code for
Mobile Homes.
o. Permitted Uses
1. Within a mobile home park, one mobile home or dwelling unit may
be used as an administrative office. Other administrative and
service buildings housing sanitation and laundry facilities or any
other such facilities shall comply with all applicable ordinances,
codes, and statutes regarding buildings, electrical installations,
plumbing, and sanitation systems.
2. Convenience establishments of a commercial nature, including
food stores, coin-operated laundries and dry cleaning
establishments, laundry and dry cleaning pickup stations, beauty
parlors, and barber shops may be permitted in mobile home parks
subject to the following restrictions:
i. Such establishments shall be located, intended, and designed
to serve only the trade or service needs of persons residing in
the park.
ii. Such establishments shall be subordinate to the residential
use and character of the park.
iii. Off-street parking for commercial establishments shall be
provided at a ratio of 1 space for every 400 square feet of
gross floor area.
iv. Such establishments shall present no visible evidence of their
commercial character from any portion of any residential
district outside the park.
v. Commercial establishments other than a coin-operated
laundry shall be limited to 500 square feet of gross floor area
for parks have less than 75 occupied mobile home spaces.
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vi. Commercial establishments in parks having more than 75
occupied spaces shall be limited to 1,000 square feet of gross
floor area.
vii. Parks that decrease their occupied spaces to less than 75 for
a period of 12 months shall be required to decrease the
amount of gross floor area for commercial establishments to
500 square feet.
viii. Vehicular access to such establishments shall be from
interior streets.
ix. Signs serving such establishments inside the mobile home
park shall be limited to 20 square feet in area, non-illuminated,
and shall be attached to the establishment.
p. Maintenance and Records
1. All service buildings, commercial structures, and the grounds of
the park shall be maintained in clean condition and kept free from
any condition that will menace the health of any occupant, the
public, or constitute a nuisance.
2. It shall be the duty of the operatory of the park to keep an
accurate register containing a record of all occupants of the park.
The owner shall keep the register available at all times for
inspection by law enforcement officials, public health officials, and
other officials whose duties necessitate acquisition of the
information contained in the register. The register shall contain
the name and address of the occupants of each space.
q. Travel Trailers Prohibited
Travel trailers are not permitted in a mobile home park.
r. Occupancy
No mobile home space shall be occupied until all improvements have
been completed for the phase of the park under review and a final site
development plan for that phase has been signed by the Planning
Director. Final Site Plans shall comply with Section 10.3.6: Site Plan.
Required improvements shall include but not be limited to: installation
of water and sewer systems, installation of roads, electric systems
and street lighting, installation of roads and recreation area
development and marked spaces. A field inspection by the
appropriate inspection officials and engineering officials shall be
conducted to verify the installation of required improvements.
s. Improvement Sureties
Occupancy of an improved mobile home park space may be approved
in lieu of street paving and required landscaping provided the
developer provides the County a surety, either in the form of a bond,
cash in escrow or irrevocable letter of credit in an amount equal to the
projected cost of the improvements left incomplete. No surety or
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portion thereof shall be released by the County until certification of
completion of the improvement has been provided.
B. Group Living
1. Family Care Home
Family care homes shall not be located within a 2,000-foot radius of an
existing family care home.
2. Fraternity/Sorority Residence
Fraternity/sorority residences shall comply with the following standards:
a. All fraternity/sorority residences shall meet the location criteria
established for Additional Dwelling Allowances in Section 3.1.3.E.
b. The lot size for the residence shall be no less than 20,000 square feet
for new construction and no less than 15,000 square feet for the
conversion of existing buildings.
c. The usable floor space shall be no less than 250 square feet per
resident.
d. A continual visual buffer a minimum of six feet in height and consisting
of a combined fence and evergreen hedge or shrubbery screen shall
be required to screen all parking areas from adjacent properties and
rights-of-way.
3. Group Home
Group homes shall comply with the following standards:
a. Group homes shall be limited to six disabled persons living together
as a self-supporting and self-sufficient household unit.
b. No group home shall be occupied or operated without zoning
approval.
1. Group homes that are exempt from licensure pursuant to NCGS
§122C-22 must recertify their exemption status annually; and
2. Group homes for special needs persons must recertify
qualification of all residents as special needs persons annually.
c. Parking shall be provided in accordance with Section 5.1: Parking and
Loading.
d. Group homes shall not be located closer than 2,000 feet to any other
existing group home, measured by a straight line from the nearest
property lines, irrespective of jurisdictional boundaries. The distance
shall be reduced by the right-of-way of a major thoroughfare
exceeding 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.
e. Reasonable accommodations shall be provided in accordance with
Section 10.3.13, Reasonable Accommodation.
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4. Senior Living: Assisted Living Facility
Developments in this category that are not part of a continuing care
retirement community shall comply with the following standards:
a. The minimum lot size is five acres.
b. The minimum parking required is 1.25 spaces per living unit plus one
space per employee on the largest shift.
c. Maximum height shall be limited to 35 feet when buildings are placed
within 50 feet of single-family residential lots or parcels.
d. Except as otherwise required by subsection c above, the height of
buildings may be increased to no more than 50 feet when setbacks
are increased to equal the proposed height of the building.
e. The site must be served by public water and sewer.
f. Maximum impervious area shall not exceed 50 percent of the net
acreage. In areas where coastal stormwater rules apply, those limits
will supersede this provision.
g. Open space and improved recreation space shall be provided at a
rate of 20 percent of net acreage. Vegetative buffers of not less than
20 feet are required for all proposals.
h. Traffic impacts and required road improvements must be reviewed
and approved by the MPO and NCDOT. Frontage on an arterial or
collector roadway is required.
i. All other local state or federal permits or authorizations are required.
5. Senior Living: Continuing Care Retirement Community
a. Standards in All Zoning Districts
Continuing care retirement communities in all zoning districts shall
comply with the following standards:
1. The minimum lot size is 20 acres.
2. The minimum parking spaces required are 1.5 spaces per
independent or assisted living unit plus one space per employee
on the largest shift at all facilities
3. Maximum impervious area for the total development may not
exceed 40 percent of the net acreage. In areas where coastal
stormwater rules apply, those limits will supersede this provision.
4. Commercial uses in the nature of small, neighborhood shops,
each not exceeding 5,000 square feet of gross floor area may
occupy up to 2 percent of the net acreage.
5. Maximum height may not exceed 35 feet for single family
structures designated for seniors or for any building within 50 feet
of single family residential lots or parcels.
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6. Except as noted in subsection 5 above, maximum height may be
increased to no more than 50 feet when setbacks are increased to
equal the proposed height of the building.
7. Public water and sewer must serve the site.
8. Open space and improved recreational area shall be provided at a
rate of 35 percent of net acreage. Improved recreation space
shall be appropriate for seniors at all stages of lifestyle transition,
such as ADA accessible walkways, gardens, and parks.
9. Vegetative buffers of not less than 20 feet are required for all
proposals.
10. Traffic impacts and required road improvements must be reviewed
and approved by the MPO and NCDOT. Frontage on an arterial
or collector street is required unless located in a Planned
Development and meeting the requirements outlined below.
11. All other local state or federal permits or authorizations are
required.
b. Standards in Planned Development (PD) District
See Section 3.3.7.E.7: Continuing Care Retirement Facility Standards
in Planned Development districts.
4.3.3. CIVIC & INSTITUTIONAL USES
A. Child & Adult Care
1. Adult Day Care
Adult day care shall comply with the following standards:
a. Such facilities shall be limited to the care of no more than 50 adults
eighteen years of age or older.
b. Care shall not exceed 24 hours at one time.
c. Services must be provided in a home or facility certified to meet State
standards and shall be provided for the following individuals:
1. Adults who do not need nursing care but who require complete,
full-time daytime supervision;
2. Adults who need assistance with activities of daily living in order to
maintain themselves in their own homes; and
3. Adults who need intervention in the form of enrichment and
opportunities for social activities in order to prevent deterioration
that would lead to institutionalization.
2. Family Child Care Home
Family and Child Care Homes in Residential Districts shall comply with
the following standards:
a. All dimensional requirements of the underlying district must be met.
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b. The entire play area shall be enclosed with a fence having a minimum
height of 4 feet and constructed in such a manner that maximum
safety is ensured.
c. No outside sign in excess of two square feet shall be permitted,
except when such facility is located on an existing roadway identified
as a collector or arterial facility on the Wilmington MPO Functional
Classification Map, in which case the maximum sign area shall be 12
square feet.
B. Civic
1. Animal Shelter
Animal Shelters in R-15 and R-20 Districts shall comply with the following
standards:
a. Minimum lot size shall comply with Table 4.3.3.B.1.a: Animal Shelter
Minimum Lot Size, based on the number of animals kept at the
shelter.
For each additional acre beyond six acres, an additional ten animals may
be permitted. The minimum lot size requirements may be waived if the
shelter is constructed to entirely enclosed all facilities so as to adequately
protect all animals from weather extremes and to protect adjacent
residences from noise, odors, and other objectionable characteristics,
provided all building setback requirements are met.
b. All lots on which a shelter is located must have direct access onto a
street that meets the minimum requirements for acceptance and
maintenance by the NC Department of Transportation.
c. All structures shall have side and rear setbacks of 50 feet.
d. All county requirements regarding sewage disposal systems and
sanitation control methods shall be met.
e. No outside sign in excess of 2.25 square feet in area shall be
permitted.
2. Lodges, Fraternal, and Social Organizations
Lodges, Fraternal, and Social Organizations in all residential districts
except R-20S shall comply with the following standards:
a. All new sites shall be a minimum of two acres in size.
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b. Structures shall have side and rear setbacks of 50 feet and a front
yard of at least 25 feet greater than that required for single family
residences within the district located.
c. Provisions for food, refreshments, and entertainment for club
members and their guests may be allowed in conjunction with such
use if the Board of County Commissioners determines that said
provisions will not constitute a nuisance.
3. Religious Assembly
a. Religious Assemblies in the R-5 and RMF districts shall comply with
the following standards:
1. Religious institutions up to 1,000 or fewer seats are allowed as
long as:
i. Structures are limited to a sanctuary or similar main gathering
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.
2. 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.
3. Primary vehicular access to the use shall not be provided by way
of a local residential street.
4. When a religious institution and any associated buildings, outdoor
recreation 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. Religious Assemblies in the CB and CS districts shall comply with the
following standards:
1. Religious institutions are permitted with no seat limitations if
located on a local street or minor or major thoroughfare.
2. Primary vehicular access to the use shall not be provided by way
of a local residential street.
3. When a religious institution and any associated buildings, outdoor
recreational facilities, or off-street parking areas abut a single-
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family residential district or use, a buffer shall be provided along
the side and rear yards.
C. Communication and Information Facilities
a. Except for amateur radio antenna up to 90 feet, any tower, antenna,
or related structure in any zoning district shall be set back from any
existing residential property line or residential zoning district boundary
a distance equal to the height of the tower as measured from the base
of the tower. In no case shall the setback for any tower, antenna, or
related structure be less than 50 feet.
b. Where Special Use Permits are required, all of the following standards
shall be applied, and all requirements must be met. Additional
conditions may be determined to mitigate negative impacts, and the
permit should be approved only if all negative impacts can be
mitigated. No reductions in setbacks may be granted for this use for
increased buffers.
1. The minimum distance between the tower and any other adjoining
parcel of land or road must be equal to the minimum setback
described above, plus any additional distance necessary to
ensure that the tower, as designed, will fall within the tower site.
2. The applicant shall provide simulated photographic evidence of
the proposed appearance of the tower from four vantage points
and a statement as to the potential visual and aesthetic impacts
on all adjacent residential zoning districts. The simulation shall
include overall height; configuration; physical location; mass and
scale; materials and color (including proposals for steal
structures); and illumination.
3. Concealed (stealth) or camouflaged facilities are encouraged
when the method of concealment is appropriate to the proposed
location. Attached stealth facilities may include but are not limited
to: painted antenna and feed lines to match the color of a building
or structure, faux windows, dormers, or other architectural
features that blend with an existing or proposed building or
structure. Freestanding stealth facilities typically have a
secondary, obvious function such as a church steeple, windmill,
silo, light standard, flagpole, bell/clock tower, water tower, or tree.
4. The proposed appearance of concealed or non-concealed
facilities shall be evaluated for compatibility with the surrounding
community prior to submission of the special use application.
Applicants shall meet with Planning and Land Use staff for a
preliminary review of proposed appearance in order to assure
each facility will impose the least obtrusive visual impact.
c. A landscaped buffer with a base width not less than 25 ft. and
providing 100 percent opacity shall be required within the tower site to
screen the exterior of protective fencing or walls. The base of the
tower and each guy wire anchor must be surrounded by a fence or
wall not less than eight feet in height.
Unified Development Ordinance | New Hanover County, NC 4-35
d. All towers shall be constructed to accommodate collocation. Towers
over 150 feet in height shall be engineered to accommodate at a
minimum two additional providers. Towers 150 feet or less in height
shall be engineered to accommodate at a minimum one additional
provider.
e. All applicants seeking approval shall also submit a written affidavit
from a qualified person or persons, including evidence of their
qualifications, certifying that the construction or placement of such
structures meets the provisions of the Telecommunications Act of
1996, the National Environmental Policy act of 1969, FCC Rules
Sections 1.1311, 1.1312, 1.1307 and all other applicable federal,
state, and local laws. The statement must certify that radio frequency
emissions from the antenna array(s) comply with the FCC standards.
The statement shall also certify that both individually and cumulatively
the proposed facilities located on or adjacent to the proposed facility
will comply with current FCC standards. In accordance with NCGS
153A-349.52(a), the county cannot base its permitting decision on
public safety implications of radio frequency emissions of wireless
facilities.
f. Any tower and associated equipment which was lawfully constructed
under the terms of the Ordinance, which is now considered a
nonconforming improvement, may continue or be reconstructed as a
conforming improvement even though the tower and associated
equipment may not conform with the provisions of this ordinance for
the district in which it is located. Towers and associated equipment
may only be enlarged and/or relocated fi the enlarged or relocated
tower eliminates the need for an additional tower, provides additional
collocation opportunities on the tower, or provides additional antenna
space on the tower; and provided further that the enlargement and/or
relocation shall be in conformance with the following regulations and
design limitations:
1. Tower height may not be increased by more than 15 percent of
the originally constructed tower height. Increases in height
greater than 15 percent will require a variance from the Board of
Adjustment.
2. A tower shall be allowed to be reconstructed and relocated within
the boundaries of the property on which it is located so long as the
decrease in the setbacks does not exceed 15 percent of the
originally constructed tower height and the relocated tower is sited
to minimize any increase in the existing nonconformity. Any
request to reconstruct and relocate the tower where the resulting
decrease in setback exceeds 15 percent of the originally
constructed tower height shall require a variance from the Board
of Adjustment.
g. Cellular and PCS antennas attached to existing structures shall not
add more than six feet to the overall height of a structure.
h. Signage shall comply with the following standards:
4-36 New Hanover County, NC | Unified Development Ordinance
1. Attaching commercial messages for off-site or on-site advertising
shall be prohibited.
2. The only signage that is permitted upon a tower, antenna support
structure, equipment cabinet, or fence shall be informational and
for the purpose of identifying:
i. The antenna support structure (such as ASR registration
number);
ii. The party responsible for the operation and maintenance of
the facility;
iii. Its current address and telephone number;
iv. Security or safety signs;
v. Property manager signs for the tower (if applicable); and
vi. Signage appropriate to warn the general public as to the use
of the facility for radiofrequency transmissions.
i. Equipment compounds shall comply with the following standards:
1. Shall not be used for the storage of any equipment or hazardous
waste (e.g., discarded batteries) or materials not needed for the
operation. No outdoor storage yards shall be allowed in a tower
equipment compound.
2. Shall not be used as a habitable space.
j. Outside experts and disputes are subject to the following provisions:
1. Siting of telecommunications facilities may involve complex
technical issues that require review and input by outside experts.
Staff may require the applicant to pay the reasonable costs of a
third-party technical study of a proposed facility. Selection of
expert(s) to review the proposal shall be at the sole discretion of
the decision-making body.
2. If an applicant for a telecommunications facility claims that one or
more standards of this ordinance are inconsistent with federal law
as applied to a particular property, or would prohibit the effective
provision of wireless communications within the relevant market
area, the decision-making body may require that the applications
be reviewed by a qualified engineer for a determination of the
accuracy of such claims. Any costs shall be charged to the
applicant.
k. The applicant shall submit Form 7460 to the Federal Aviation
Administration (FAA) to assure compliance with all FAA standards
and to resolve issues of concern, including required lighting, possible
transmission interference or other conflicts when the proposed tower
site is located within 10,000 feet of an airport or within any runway
approach zone.
D. Educational Services
RESERVED
Unified Development Ordinance | New Hanover County, NC 4-37
E. Government Services
RESERVED
F. Health Care Facilities
1. Hospital
Hospitals in the R-20, R-15, and R-10 districts shall comply with the
following standards:
a. The minimum lot size is two acres.
b. The structure shall have side and rear setbacks of 50 feet and a front
yard of at least 25 feet greater than required of single family
residences within the district in which located.
2. Nursing and Rehabilitation Center
Nursing and Rehabilitation Centers in all districts where a special use
permit is required shall comply with the following standards:
a. The minimum lot size is two acres.
b. The structure shall have side and rear setbacks of 50 feet and a front
yard of at least 25 feet greater than required of single family
residences within the district in which located.
c. The number of beds approved should correspond to the number of
beds allocated to the applicant by an approved certificate of need.
G. Recreation, Parks, and Open Space
1. Boating Facility, Community
Community boating facilities shall comply with the following standards:
a. The rights to use such facility must be conferred by an easement
appurtenant to the residential lot it is intended to serve.
b. The applicant shall demonstrate that the project will have minimal
impacts on water quality, primary nursery areas, shellfish grounds,
and conservation resources.
c. Off-street parking will be provided at a ratio of one space per boat slip.
d. The number of boat slips may not exceed the number of residential
lots or dwelling units within the associated development.
e. Commercial activities, including but not limited to the sale of gasoline,
oil, marine supplies and food stuffs, shall be strictly prohibited.
2. Boating Facility, Private Residential
The rights to use a private residential boating facility must be conferred by
an easement appurtenant to the residential lot it is intended to serve.
3. Cemetery
A cemetery shall meet the minimum requirements of the NC State
Cemetery Commission.
4-38 New Hanover County, NC | Unified Development Ordinance
H. Transportation
1. Marina, Commercial
Commercial marinas shall comply with the following standards:
a. Commercial Marinas in Residential Districts and B-1 Districts shall
comply with the following standards:
b. A minimum of one off-street parking space per boat slip and one
space per 4 dry storage facilities shall be required.
c. A buffer in compliance with Section 5.5.: Landscaping and Buffering
shall be required along all property lines abutting residential property.
d. Night lighting by design and construction shall be contained on the
site.
e. A site plan shall be submitted for review and approval.
f. The applicant shall demonstrate that the siting of the facility will have
minimal impacts on water quality, primary nursery areas, shellfish
grounds, and conservation resources.
g. Any accessory dry stack boat storage facility must be clearly identified
on the approved site plan, be described in the findings of fact, and
meet all accessory use-specific standards outlined in Section 4.3.5:
Standards for Specified Accessory Uses. Additional buffers or
screenings will be required to mitigate noise, light, and dust impacts
on surrounding properties.
2. Marina, Commercial with Floating Structures
Commercial marinas with floating structures in the R-20S, R-20, R-15, B-
1, B-2, I-1, and I-2 districts shall comply with the following standards:
a. Floating structures shall not be located within 15 feet of the waterward
extension of all property lines.
b. Not more than one dwelling unit per floating structure shall be
permitted.
c. A permanent pier, dock, or walkway with adequate night lighting shall
join each floating structure and the adjacent shoreline.
d. Each floating structure shall be inspected and approved by the
Building Safety Department prior to placement in the marina. This
approval shall be dependent upon, but not limited to, approval of the
electrical system and the method of exiting.
e. Each floating structure shall be provided with permanent water and
sewer systems approved by the New Hanover County Health
Department. All wastewater piping from the unit shall be constructed
to the NC State Plumbing Code. No overboard discharge openings
through the hull or structure shall be permitted except for one
dewatering pipe which may not be connected to wastewater piping.
f. A system for collection and removal of solid wastes and refuse shall
be approved by the New Hanover County Health Department.
Unified Development Ordinance | New Hanover County, NC 4-39
g. A minimum of two off-street parking spaces per floating structure shall
be provided on-shore.
h. H. A minimum of 2,000 square feet of gross land area contiguous
and above mean high water shall be provided for each floating
structure on-shore.
i. A site plan shall be submitted for approval showing all improvements
as required by this ordinance.
j. Any floating structure existing prior to the original adoption of these
use standards on April 2, 1984 was required to conform within one
year of that date.
k. The applicant shall demonstrate that the siting of the facility will have
minimal impacts on water quality, primary nursery areas, shellfish
grounds, and conservation resources.
I. Utilities
1. Electric Substation
Electric substations in the R-5 and RMF Districts shall comply with the
following standards:
The substation must be screened in accordance with Section 5.4,
Landscaping and Buffering, except that screening may be reduced if
the substation is completely screened from view of the public right-of-
way or adjacent property.
2. Utility Lines, Structures, and/or Facilities; General
a. General utility lines, structures, and/or facilities in all districts shall
comply with the following standards:
1. All sewage and disposal and collection facilities shall be designed
and installed in accordance with the standards and requirements
set by CFPUA and/or appropriate local or state agency.
2. Non-CFPUA sewage treatment systems shall be located only in
those districts in which the use they are serving is permitted.
However, non-CFPUA sewage treatment systems serving uses in
more than one district may be located in any of those use districts.
b. General utility lines, structures, and/or facilities in the R-5 and RMF
districts shall comply with the following standards:
1. The utility must be screened in accordance with Section 5.4,
Landscaping and Buffering, except that screening may be reduced
if the utility is completely screened from view of the public right-of-
way or adjacent property.
4-40 New Hanover County, NC | Unified Development Ordinance
4.3.4. COMMERCIAL USES
A. Amusement & Entertainment Uses
1. Adult Entertainment Establishment
Adult entertainment establishments in the I-1 District shall comply with the
following standards:
a. Each adult entertainment establishment shall be located a minimum of
1,000 feet from any existing adult entertainment establishment. Such
measurement shall be the horizontal distance between the nearest
property lines of the proposed and existing adult entertainment
establishment.
b. Each adult entertainment establishment shall be located a minimum of
1,000 feet from any residentially zoned area, church, school, or park.
Such measurement shall be the horizontal distance between the
property line of the proposed adult entertainment establishment and
the nearest residential zoning line or property line of any church,
school, or park.
c. Any display, device, or sign that depicts or describes specified sexual
activities or specified anatomical areas shall be out of view of the
public way and surrounding property.
d. Any adult entertainment establishment existing prior to the original
adoption of these use standards on November 1, 1993 was required
to conform within one year of that date.
2. Electronic Gaming Operation
Electronic gaming operations shall comply with the following standards:
a. Hours of operation shall be limited to 8:00 am through 12:00 midnight,
seven days per week.
b. Alcohol sales or consumption shall be prohibited.
c. The maximum number of machines/terminals/computers for any
electronic gaming operation business is ten.
d. All food or beverage to be served or distributed by the establishment
must meet the requirements of the New Hanover County
Environmental Health Department, including any and all permits and
licenses.
e. Fire Services shall set an occupancy limit for the establishment prior
to submission of an application.
f. Maximum daily cash payout shall not exceed $600. Winning which
exceed this amount shall be paid out in the form of a check or credit.
All establishments engaged in internet and sweepstakes operations
must comply with all reporting requirements regulated by the Internal
Revenue Service.
g. Any building and/or zoning permits issued for electronic gaming and
sweepstakes operations shall be subject to annual review (from the
Unified Development Ordinance | New Hanover County, NC 4-41
date of approval) to ensure compliance with all relevant regulations
and conditions.
h. Required off-street parking shall be one space for each 100 square
feet of gross floor area or one space for every two
terminals/computers, whichever is greater, and must comply with all
other provisions of this ordinance.
i. Electronic gaming operations shall be located a minimum distance of
500 feet, measured in a straight line in any direction from closest point
of the building and parking lot of the proposed business to the
property line of any of the following:
1. A residence or a residential zoning district
2. A place of worship or other religious institution
3. A day care center or public or private school
4. A public park, playground, or public library
5. Another electronic gaming operation
6. An adult entertainment establishment
j. Applicants shall submit a current straight line drawing prepared within
30 days prior to the application by a registered surveyor, depicting the
property lines and the structures containing any of the above uses
and the straight line measurements to each. A use outlined under
subsection i above, shall be considered to be existing or established if
it is in place or actively under construction at the time an application is
submitted. Residential zoning districts shall be based upon the most
current official zoning map.
k. All legally operating gaming operations made nonconforming 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.
3. Indoor Recreation Establishment
Indoor recreation establishments in residential districts and in the O&I
District shall comply with the following standards:
a. Buffers adequate to screen adjoining residential uses from the effects
of light and noise generated on the site shall be provided.
b. All buildings shall be set back from the right-of-way at least 50 feet
and 100 feet if the site is in the Special Highway Overlay District.
c. Signage shall be limited to one ground sign not to exceed 32 square
feet and shall be set back from the right-of-way at least 25 feet.
d. Access to the site shall be to a US or NC numbered road or to a
collector road as designated on the Wilmington MPO Functional
Classification Map.
4-42 New Hanover County, NC | Unified Development Ordinance
e. As part of a Special Use Permit, other conditions deemed by the
Commissioners necessary to promote the health, safety, and welfare
of the community may be added.
4. Outdoor Recreation Establishment
Outdoor recreation establishments in residential districts and the O&I
District shall comply with the following standards:
a. Buffers adequate to screen adjoining residential uses from the effects
of light and noise generated on the site shall be provided.
b. All buildings shall be set back from the right-of-way at least 50 feet
and 100 feet if the site is in the Special Highway Overlay District.
c. Signage shall be limited to one ground sign not to exceed 32 square
feet and shall be set back from the right-of-way at least 25 feet.
d. Access to the site shall be to a US or NC numbered road or to a
collector road as designated on the Wilmington MPO Functional
Classification Map.
e. As part of a Special Use Permit, other conditions deemed by the
Commissioners necessary to promote the health, safety, and welfare
of the community may be added.
5. Outdoor Shooting Range
Outdoor shooting ranges shall comply with the following standards:
a. All shooting areas shall be setback a minimum distance of 100 feet
from any street right-of-way.
b. The firing range shall have a natural earth embankment a minimum of
ten feet high placed behind all targets within the shooting area.
c. The firing range shall be posted “No Trespassing-Danger-Shooting
Range” at 100 feet intervals around the perimeter.
d. At least one qualified individual in the sponsoring club or organization
shall be certified for shooting range supervision. Each facility shall
adopt safety rules and regulations as determined by the sponsoring
club or organization.
e. The firing range shall be covered by a minimum of $300,000 of
accident and liability insurance.
B. Animal Services
1. Equestrian Facility
Equestrian facilities in the AR, R-20, and R-15 districts shall comply with
the following standards:
a. No stable shall be erected closer than 100 feet to any property line.
b. A buffer in compliance with Section 5.4, Landscaping and Buffering,
shall be required along property lines adjacent to residential uses.
Unified Development Ordinance | New Hanover County, NC 4-43
2. Kennel
Kennels in the R-15 and R-20 districts shall comply with the following
standards:
a. Minimum lot size shall comply with Table 4.3.4.B.2.a: Minimum Lot
Size for Kennel, based on the number of animals kept on site. For
each additional acre beyond six acres, an additional ten animals may
be permitted. The minimum lot size requirements may be waived if the
shelter is constructed to entirely enclosed all facilities so as to
adequately protect all animals from weather extremes and to protect
adjacent residences from noise, odors, and other objectionable
characteristics, provided all building setback requirements are met.
1-10 2 acres
11-20 4 acres
21-30 6 acres
b. All lots on which a shelter is located must have direct access onto a
street that meets the minimum requirements for acceptance and
maintenance by the NC Department of Transportation.
c. All structures shall have side and rear setbacks of 50 feet.
d. All county requirements regarding sewage disposal systems and
sanitation control methods shall be met.
e. No outside sign in excess of 2.25 square feet in area shall be
permitted.
C. Commercial Services
1. Off- Premises Advertising
See Section 5.6, Signs.
D. Food & Drink
RESERVED
E. Lodging
1. Bed and Breakfast Inn
Bed and breakfast inns in the RA, AR, R-20S, R-20, and R-15 districts
shall comply with the following standards:
a. A minimum of one off-street parking space per bedroom and one off-
street parking space per employee shall be required.
b. No lighting beyond normal residential lighting is allowed.
c. The only signage allowed shall be one attached wall sign no greater
than four square feet.
4-44 New Hanover County, NC | Unified Development Ordinance
2. Campground/Recreational Vehicle (RV) Park
a. Every recreational vehicle park shall contain at least 25 spaces.
b. Recreational vehicles and travel trailers shall only be occupied in
approved campgrounds.
c. Every space shall consist of a minimum area of 2,000 square feet.
Each space shall be designated on the ground by permanent markers
or monuments.
d. Parking spaces sufficient to accommodate at least one motor and
camping vehicle shall be constructed within each space.
e. All spaces developed adjacent to a public street shall be set back a
minimum of 40 feet from the street right-of-way.
f. All spaces shall be located on sites with elevations that are not
susceptible to flooding. The spaces shall be graded to prevent any
water from ponding or accumulating within the park. Each space shall
be properly graded to obtain a reasonably flat site and to provide
adequate drainage away from the space.
g. The park shall have all weather roads that directly abut each space.
All road rights-of-way shall be 20 feet except that one-way roads may
have a minimum width of 12 feet. In areas of heavy traffic use, 30-
foot rights-of-way shall be required.
h. No space shall have direct vehicular access to a public road.
i. The park shall be developed with proper drainage ditches. All banks
shall be sloped and seeded.
j. Cul-de-sacs or dead-end roads shall not exceed 1,000 feet in length
measured from the entrance to the center of the turnaround. Any road
designed to be permanently closed shall have a turnaround at the
closed end with a minimum right-of-way diameter of 80 feet.
k. When the park has more than one direct access to a public road, they
shall not be less than 300 feet apart or closer than 300 feet to a public
road intersection unless unusual site conditions demand otherwise.
l. Each park shall have a central structure or structures that will provide
separate toilet facilities for both sexes. This structure may also contain
a retail sales counter and/or coin operated machine for the park
residents’ use only, provided there is no exterior advertising. Vending
machines also may be permitted in a sheltered area.
m. No swimming pool or bathing area shall be installed, altered,
improved, or used without compliance with applicable Health
department regulations. No bathing area shall be used without the
approval of the New Hanover County Health Department.
n. Park identification signs shall comply with the following standards:
1. No more than two signs with a total area of not more than 32
square feet for each sign may be permitted.
Unified Development Ordinance | New Hanover County, NC 4-45
2. Signs shall be located on park property no closer than 10 feet to
any property line or road right-of-way.
3. Only indirect non-flashing lighting may be used for illumination and
the sign must be constructed in such a manner as to prevent a
direct view of the light source from any public right-of-way.
o. Sanitary facilities shall be provided in accordance with the following
standards:
1. All toilet, shower, lavatory, and laundry facilities shall be provided
and maintained in a clean and sanitary condition and kept in good
repair at all times.
2. They shall be safely and adequately lighted.
3. Facilities shall be easily accessible and conveniently located.
4. All toilet, shower, lavatory, and laundry room facilities shall be
acceptable to the New Hanover County Health department and
shall be inconformity with all New Hanover County codes.
5. All buildings shall be constructed in accordance with the building
codes for the county.
p. Water supply shall comply with the following standards:
1. A safe, adequate, and conveniently located water supply must be
provided for each park.
2. No water supply shall be installed, altered, or used without the
approval of the New Hanover County Health Department.
q. Sewage disposal shall comply with the following standards:
1. Sewage dumping stations shall be approved by the New Hanover
County Health Department.
2. Each park shall provide at least one sewage dumping station.
3. No method of sewage disposal shall be installed, altered, or used
without the approval of the New Hanover County Health
department.
4. All sewage wastes from each park, including wastes from toilets,
showers, bathtubs, lavatories, wash basins, sinks, and water
using appliances not herein mentioned, shall be piped into the
park’s sewage disposal system or systems.
r. Open space shall be provided in accordance with the following
standards:
1. Each park shall provide open space areas to serve the needs of
the anticipated users.
2. A minimum of 0.25 acres of level, well-drained ground for every 50
spaces shall be required as open space.
3. The park owner is responsible for the development and
maintenance of all open space areas.
4-46 New Hanover County, NC | Unified Development Ordinance
s. Fire hydrants shall be provided in accordance with the following
standards:
1. The developer of any campground or recreational vehicle park
with a central water system meeting State requirements for fire
hydrants shall be responsible for providing adequate fire
protection for the park through the provision of a fire hydrant
located as close as possible to the entrance of the park.
2. The hydrant shall be connected to the central water system
serving the park and in accordance with specification established
by the County Fire Marshal.
t. The park owner is responsible for refuse collection.
u. It shall be unlawful for a person to park or store a mobile home in a
campground or recreational vehicle park. However, one mobile home
may be allowed within a park to be used as an office and/or residence
of persons responsible for the operation and maintenance of the travel
trailer park.
v. It shall be the duty of the operatory of the campground or recreational
vehicle park to keep an accurate register containing a record of all
occupants of the park. The owner shall keep the register available at
all times for inspection by law enforcement officials, public health
officials, and other officials whose duties necessitate acquisition of the
information contained in the register. The register shall contain the
following information:
1. Name and address of the occupants of each space;
2. Date entering and leaving the park; and
3. The license number of each vehicle (car, truck, camping vehicle,
etc.) with state of issuance, make, and type of equipment.
F. Office
1. Contractor Office
Contractor offices shall comply with the following standards:
a. In the B-1 and CB districts, outside storage areas are prohibited.
b. In the CB District, all work associated with contractor operations shall
be conducted entirely within enclosed structures.
G. Personal Services
RESERVED
H. Retail Sales
1. Convenience Store
Convenience stores in the R-15 District shall comply with the following
standards:
Unified Development Ordinance | New Hanover County, NC 4-47
a. The total amount of land devoted to such use shall not exceed one
acre.
b. The gross square footage of the structure shall not exceed 3,000
square feet.
c. The use shall be limited to providing convenience food sales and
gasoline sales to the surrounding residential area, provided that
vehicular service such as, but not limited to, auto repair, sale of auto
accessories, washing, etc. shall not be permitted.
d. A convenience food store shall not be permitted within the interior of a
subdivision.
e. Specifications for a proposed principal use sign shall be submitted
with the application for the Special Use Permit.
f. Off-street parking shall meet the requirements outlined in Section 5.1,
Parking and Loading, for retail use.
g. Fuel sales may be approved provided such sales shall be limited to
one pump island located a minimum distance of 30 feet from any
street right-of-way and 40 feet from any side or rear lot line.
Overhead canopies shall be measured in accordance with Section
4.3.4.I.2.c.
I. Vehicle & Equipment Sales & Service
1. Car Wash
Car washes in the CB District shall comply with the following standards:
a. No outdoor work shall be performed except in areas designated for
such activity on an approved site plan.
b. Additional buffering and screening may be required where such use is
located in close proximity to residential or retail commercial uses.
c. The premises shall not be used for the sale of vehicles.
2. Fuel Sales
Fuel sales in all districts where allowed shall comply with the following
standards:
a. Additional buffering and screening may be required where such use is
located in close proximity to residential or retail commercial uses.
b. The premises shall not be used for the sale of vehicles.
c. Fuel pump canopies shall meet the setbacks of the underlying zoning
district, as measured from the outer edge of any supportive structure
physically connected to a fuel pump and the ground along a straight
line to the nearest point of the property line.
d. Setback distances from street rights-of-way may be reduced by one-
half.
Fuel sales in the R-15 District shall comply with the following standards:
4-48 New Hanover County, NC | Unified Development Ordinance
e. Fuel sales may be allowed in conjunction with a convenience store
use Special Use Permit.
f. Such sales shall be limited to one pump island located a minimum
distance of 30 feet from any street right-of-way and 40 feet from any
side or rear lot line.
3. Vehicle Rentals
Vehicle rentals in the CB District may display no more than ten
automotive vehicles.
4. Vehicle Service Station, Minor
Minor vehicle service stations in the CB District shall comply with the
following standards:
a. No automobile towing operations are 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.
d. Service or customer vehicles shall be parked on the premises in a
manner that 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.
4.3.5. INDUSTRIAL USES
A. Design & Technology Services
RESERVED
B. Industry & Manufacturing
1. Artisan Manufacturing
Artisan manufacturing in the CB District shall comply with the following
standards:
a. One or more accessory uses, such as tasting room, tap room,
restaurant, retail, demonstration area, education and training facility or
Unified Development Ordinance | New Hanover County, NC 4-49
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 an 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 MPO
Functional Classification Map.
C. Intensive Industry
1. Mining & Quarrying, High Intensity
High intensity mining and quarrying shall comply with the following
standards:
a. The minimum lot size shall be one acre.
b. Soil or other unconsolidated material (i.e. sand, marl, rock, fossil
deposits, peat, fill or topsoil) may be removed for use off-site.
c. Additional on-site processing shall be permitted (i.e. use of conveyor
systems, screening machines, crushing, or other mechanical
equipment).
d. All mining operations and their associated activities must be located a
minimum of 100 feet from all property lines when dewatering occurs.
e. High intensity mining operations shall not be allowed in areas
classified as aquifer resource protection or watershed resource
protection on the 2006 CAMA Land Classification Map.
2. Mining & Quarrying, Low Intensity
Low intensity mining and quarrying shall comply with the following
standards:
a. Low intensity mining operations may not occupy more than 20 acres.
b. Soil or other unconsolidated material (i.e. sand, marl, rock, fossil
deposits, peat, fill or topsoil) may be removed for use off-site.
However, no further on-site processing is permitted (i.e. use of
conveyor systems, screening machines, crushing, or other
mechanical equipment). Mining activities where other on-site
processing activities are conducted are considered Mining &
Quarrying, High Intensity
c. The use of explosives is not permitted.
d. All mining operations and their associated activities shall comply with
the following standards when dewatering occurs:
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1. Must be located a minimum of 100 feet from all property liens.
2. The depth of each excavation pit shall not exceed 35 feet.
3. Sanitary Landfill
Sanitary landfills shall comply with the following standards:
a. No refuse shall be deposited and no building or structures shall be
located within 50 feet of the nearest property line.
b. The operation of the landfill shall be carried out in accordance with the
standards and procedures prescribed by the NC Department of
Environmental Quality.
D. Warehousing, Storage, & Wholesale Sales and Distribution
1. Recreational Vehicle and Boat Trailer Storage Lot
Recreational vehicle and boat trailer storage lots shall comply with the
following standards:
a. The use shall be solely open-air and ground level. No enclosing or
overhead covering structures shall be installed.
b. Access shall be from a public or private street right-or-way.
c. A minimum buffer of 20 feet shall be provided in accordance with the
provisions of Section 5.5: Landscaping and Buffering.
d. All site lighting shall be located so as not to shine or reflect directly
onto any adjacent residential zoning districts and/or uses.
e. Repair, maintenance, or habitation of any recreational vehicle or boat
stored in the facility is prohibited.
2. Warehousing
Storage of live animals, explosives, and flammable gases or liquids is
prohibited in warehousing in the CS District.
3. Wholesaling
Wholesaling shall comply with the following standards:
a. Wholesaling of live animals, explosives, and flammable gases or
liquids is prohibited in the CS District.
b. No outside storage is allowed in the PD, B-2, and AC Districts.
E. Waste & Salvage
1. Commercial Recycling Facility, Large Collection
Large collection commercial recycling facilities shall comply with the
following standards:
a. The facility may be larger than 500 square feet and on a separate
property or tract of land.
Unified Development Ordinance | New Hanover County, NC 4-51
b. Facilities permitted by special use permit shall be limited to receiving
only paper, glass, metal, and plastic recyclable products.
c. The site must be monitored daily to maintain sanitary conditions.
d. The facility and its appurtenant uses shall not be located closer than
100 feet to any residentially-zoned property.
e. All landscaping shall be in accordance with Section 5.4, Landscaping
and Buffering.
f. Loading and outside storage shall comply with the following
standards:
1. All loading and outside storage shall be to the side and/or rear of
the building.
2. Storage or loading conducted on the side of the building shall be
screened from view from the adjacent right-of-way.
3. All exterior storage shall be in containers or under shelters that
are covered and secured.
4. No outside storage shall be visible from residentially-zoned
property.
g. The facility may not operate between the hours of 7:00 PM and 7:00
AM when adjacent to residentially-zoned property.
h. A site plan illustrating the above shall be submitted before an
occupancy permit is issued by the Building Safety Department.
2. Commercial Recycling Facility, Processing
Processing commercial recycling facilities shall comply with the following
standards:
a. The facility and its appurtenant uses shall not be located closer than
150 feet to any residentially-zoned properties.
b. The facility shall meet the applicable setback requirements of Section
3.1.3.C, Setback Requirements in Certain Commercial and Industrial
Districts, and landscaping requirements of Section 5.4, Landscaping
and Buffering.
c. Power-driven equipment is permitted.
d. Loading and outside storage shall comply with the following
standards:
1. All loading and exterior storage shall be to the side or rear of the
building.
2. Storage or loading conducted to the side of the building shall be
screened from view from the adjacent right-of-way.
3. All exterior storage shall be in containers or under shelters that
are covered and secured.
4. No outside storage shall be visible from residentially-zoned
properties.
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e. The facility shall not emit dust, smoke fumes, or vibrations detectable
on adjacent properties.
f. A site plan illustrating the above shall be submitted before an
occupancy permit is issued by the Building Safety Department.
3. Commercial Recycling Facility, Small Collection
Small collection commercial recycling facilities shall comply with the
following standards:
a. The facility may not exceed 500 square feet in size.
b. Facilities shall be limited to receiving only paper, glass, metal, and
plastic recyclable products.
c. The facility must be located on a host tract, provided is does not
occupy parking spaces needed by the primary use to comply with the
requirements of Section 5.1, Parking and Loading.
d. The facility must be set back at least 10 feet from any street right-of-
way and provide streetyard plantings in accordance with Section 5.4,
Landscaping and Buffering.
e. The facility shall be located at least 100 feet from any residentially
zoned property line.
f. The facility shall be buffered from adjacent residential lots or districts
in accordance with Section 5.4, Landscaping and Buffering.
g. No power-driven equipment is allowed except collection trucks.
h. Containers shall be constructed of durable, waterproof, and rustproof
materials.
i. No material storage outside the container is allowed.
j. No signage other than an identification logo not exceeding ten square
feet attached to the storage container is allowed.
k. At least one parking space shall be designated for attendants.
l. The name, address, and p hone number of the organization and/or
persons responsible for pick-ups and maintenance of the facility shall
be displayed on the container.
m. The site must be monitored daily to maintain sanitary conditions.
n. The facility shall not reduce the landscaping required for any
concurrent use.
o. A site plan illustrating the above shall be submitted before an
occupancy permit is issued by the Building Safety Department.
4. Landfill, Demolition
Demolition landfills shall comply with the following standards:
a. A site plan for the proposed demolition landfill meeting the
requirements outlined in Section 10.3.6, Site Plan, shall be submitted
Unified Development Ordinance | New Hanover County, NC 4-53
to the NHC Environmental Health and Planning and Land Use
departments for review and approval in accordance with NC Solid
Waste Management Rules.
b. No demolition landfill shall be located within 500 feet of any residence,
church, school, and/or place of assembly nor within 100 feet from any
stream, creek, canal, marsh, estuarine waters, lake, river, and/or
impoundment.
c. The filling of lower lying areas with demolition materials may be
subject to Army Corps of Engineers 404 permits and the Division of
Coastal Management’s major CAMA permit.
d. All demolition landfills shall have access from a platted and recorded
road and each site shall be accessed only through an arterial or
collector street.
e. A buffer shall be required which shall consist of a minimum of 3 rows
of vegetation in accordance with Section 5.4, Landscaping and
Buffering, or earthen berms with screening plants of sufficient height
to screen the landfill area from view.
f. Protected trees are not required to be retained within the disposal
area.
g. The developer/owner shall be responsible for obtaining a
Sedimentation and Erosion Permit.
h. Demolition landfills shall not exceed 30 feet in height with side slopes
not to exceed a 3:1 ratio.
i. One temporary sign not exceeded 32 square feet in area shall be
erected on the site during the period that landfilling activity is
permitted. The sign is to include the owner/operator’s name and
telephone number and the hours of operation. Upon cessation of the
landfill, the sign shall be dismantled and removed with the exception
of the landfill closure notification sign which shall be removed six
months after closure.
j. After obtaining all necessary permits, the owner/developer shall have
prepared a legal description that would be sufficient as an instrument
of conveyance of the property. This description, along with a site map
and a certified copy of applicable permits shall be filed for recordation
with the Register of Deeds. The documents shall be filed under the
name of the owner and shall specifically state that the site was
granted a permit for disposal of demolition debris. After these
documents have been properly recorded, a certified copy shall be filed
with the Planning & Land Use Department.
k. The developer/owner of the disposal site shall provide free and
unobstructed access during normal operation hours to county officials
charged with the administration of this ordinance.
l. In addition to the enforcement remedies of this ordinance, the
operator shall also be subject to the penalties prescribed in Section
.0700 of 10 NCAC 10 G.
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m. All existing landfills that do not have a valid permit shall comply with
these regulations immediately.
5. Landfill, Landscape
Landscape landfills shall comply with the following standards:
a. A site plan for the proposed landscape landfill meeting the
requirements outlined in Section 10.3.6, Site Plan, shall be submitted
to the NHC Environmental Health and Planning and Land Use
departments for review and approval in accordance with NC Solid
Waste Management Rules.
b. No landscape landfill shall be located within 500 feet of any residence,
church, school, and/or place of assembly nor within 100 feet from any
stream, creek, canal, marsh, estuarine waters, lake, river, and/or
impoundment.
c. The filling of lower lying areas with landscape materials may be
subject to Army Corps of Engineers 404 permits and the Division of
Coastal Management’s major CAMA permit.
d. The developer/owner of the disposal site shall provide free and
unobstructed access during normal operation hours to county officials
charged with the administration of this ordinance.
e. In addition to the enforcement remedies of this ordinance, the
operator shall also be subject to the penalties prescribed in Section
.0700 of 10 NCAC 10 G.
f. All existing landfills that do not have a valid permit shall comply with
these regulations
g. The disposal of naturally occurring materials such as stumps, limbs,
leaves, and dirt, that are generated on-site during the construction of
residential projects are permitted with no further standards provided
the material does not exceed a 0.5-acre footprint.
h. All other landscape landfills must comply with the following standards:
1. The landfill shall have access from a platted and recorded road
and each site shall be accessed only through an arterial or
collector street.
2. A buffer shall be required which shall consist of a minimum of 3
rows of vegetation in accordance with Section 5.4, Landscaping
and Buffering, or earthen berms with screening plants of sufficient
height to screen the landfill area from view.
3. Protected trees are not required to be retained within the disposal
area.
4. The developer/owner shall be responsible for obtaining a
Sedimentation and Erosion Permit.
5. Landscape landfills shall not exceed 30 feet in height with side
slopes not to exceed a 3:1 ratio.
Unified Development Ordinance | New Hanover County, NC 4-55
6. One temporary sign not exceeded 32 square feet in area shall be
erected on the site during the period that landfilling activity is
permitted. The sign is to include the owner/operator’s name and
telephone number and the hours of operation. Upon cessation of
the landfill, the sign shall be dismantled and removed with the
exception of the landfill closure notification sign which shall be
removed 6 months after closure.
7. After obtaining all necessary permits, the owner/developer shall
have prepared a legal description that would be sufficient as an
instrument of conveyance of the property. This description, along
with a site map and a certified copy of applicable permits shall be
filed for recordation with the Register of Deeds. The documents
shall be filed under the name of the owner and shall specifically
state that the site was granted a permit for disposal of demolition
debris. After these documents have been properly recorded, a
certified copy shall be filed with the Planning & Land Use
Department.
6. Junk Yards, Scrap Processing
Scrap processing junk yards shall comply with the following standards:
a. The minimum front setback shall be 100 feet from any street right-of-
way.
b. All open storage shall be screened by the use of natural objects,
plantings, fences, or other appropriate means so as not to be visible
from streets and/or adjacent properties.
c. No junk yard or scrap processor shall be established within 500 feet of
any residentially zoned or developed area.
7. Septage, Sludge Disposal
Septage and sludge disposal sites shall comply with the following
standards:
a. Each sludge disposal site shall be located a minimum of 250 feet from
a residence, place of business or church and 100 feet from any
stream, canal, marsh, coastal water, lake or impoundment,
subsurface drainage, or drainage ditch.
b. Each septage disposal site shall be located a minimum of 1,000 feet
from a residence, place of business, or church and 100 feet from any
stream, canal, marsh, coastal water, lake or impoundment,
subsurface drainage, or drainage ditch.
c. A planted buffer strip, as specified in Section 5.4, Landscaping and
Buffering, shall be provided along all front, side, and rear property
lines, except in areas designated for ingress and egress.
d. Each site shall be posted “No Trespassing” and at each entrance
legible signs of at least two square feet must be posted stating
“Caution-Sludge or Septage Disposal Area” or other similar language
conveying this warning.
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e. No septage or sludge shall be deposited and no building or structures
shall be located within 100 feet of the nearest property line in the
disposal site area.
f. The operation and responsibility of said use shall be carried out in
accordance with all standards and rules prescribed by the NC Division
of Health Services and the NHC Health Department.
Section 4.4. Accessory Use and Structure Standards
4.4.1. PURPOSE
This section authorizes the establishment of accessory uses and structures that are
customarily subordinate to principal uses, provided that the accessory use or
structure complies with all applicable standards in this section.
4.4.2. APPROVAL OF ACCESSORY USES AND STRUCTURES
All principal uses allowed in a zoning district shall be deemed to include those
accessory uses, structures, and activities typically associated with this use, unless
specifically prohibited in this ordinance. All accessory uses shall be subject to the
standards in this section, as well as any applicable use-specific standards required
for the associated principal use as set forth in this article.
4.4.3. PERMISSIONS FOR SPECIFIED ACCESSORY USES AND STRUCTURES
Table 4.4.3: Accessory Use Table, identifies which uses are permitted by right,
permitted subject to approval of a special use permit, and prohibited in each zoning
district. Permissions for the RFMU and EDZD districts are outlined in Article 3:
Zoning Districts. The meanings of abbreviations in Table 4.4.3 are set forth in
subsections A through C below.
A. A “P” in a cell indicates the use is permitted by right in the zoning district. Permitted
uses, except for exempt bona fide farm uses, are subject to all other applicable
standards of this UDO.
B. An “S” in a cell indicates that the use is allowed only if reviewed and approved as a
special use in accordance with 10.3.5, Special Use Permit. Special uses are
subject to all other applicable standards of this UDO.
C. A blank cell indicates that the use is not allowed in the respective zoning district.
Unified Development Ordinance | New Hanover County, NC 4-57
4.4.4. STANDARDS FOR SPECIFIED ACCESSORY USES AND STRUCTURES
A. Accessory Dwelling Unit
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 connection with any single family detached development
allowed within the district.
5. In conventional subdivisions, the subject lot must exceed the minimum lot
area of the applicable zoning district by at least 50 percent or 5,000
square feet, whichever is less.
6. 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.
7. The entire accessory unit shall not exceed 50 percent of the gross total
enclosed heated square footage of the existing single-family dwelling or
1,200 square feet, whichever is less.
8. The side setbacks for the detached unit shall be no less than required for
the principal structure and a minimum of five feet.
9. Rear setbacks for the detached unit shall be a minimum of five feet.
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10. The detached unit shall be located completely behind the plane of the
rear façade of the principal structure unless constructed over a detached
garage.
B. Accessory Structure
Accessory structures shall comply with the following standards:
1. No accessory structure shall be erected in any required yard nor within
five feet of any other building, except that accessory buildings not
exceeding 600 square feet may be permitted in the required side and rear
yards provided such accessory buildings are at least five feet from the
property line and do not encroach into any required easements.
2. Accessory structure not exceeding 50 square feet and used exclusively to
house well and pump equipment may be permitted in the required front,
side, and rear yards, provided such accessory buildings are at least five
feet from any property line and do not encroach into any required
easements or sight angles.
3. HVAC units elevated to comply with flood plain regulations may be
permitted in any side setback provided the supporting structure is at least
five feet from the adjoining property line.
4. An accessory building or use may be located on another contiguous or
noncontiguous lot from the principal use it is associated with to the extent
that the principal use itself would also be permitted on such lot.
C. Accessory Use, Customary
1. No additional permits beyond those obtained for the principal use are
required unless otherwise specified.
2. No use-specific standards apply unless required elsewhere in this
ordinance.
D. Dry Stack Boat Storage Facility, At A Marina
Dry stack boat storage facilities at a marina in residential districts and in the
B-1 District shall comply with the following standards:
1. Facilities accessory to marinas approved by a special use permit must be
included in the permit approval for the marina as described in Section 4.3,
Standards for Specified Principal Uses.
2. Setbacks for facilities from any residential property line shall be not less
than 2.75 times the height of the structure if enclosed or the highest point
of a stored vessel if unenclosed. In no case may the setback be less than
the requirements of the underlying zoning district.
3. Appearance of stacked storage should retain the character of the
surrounding residential areas and provide opaque vegetative buffers to
reduce visual impacts.
4. Projects shall be designed so that the use of noise-generating activities,
such as large marine forklifts, boat haul out or boat repair approved as
part of a special use permit will be located as far away from residential
structures as feasible to lessen impacts on the residential quality of life.
Unified Development Ordinance | New Hanover County, NC 4-59
E. Electronic Gaming Operation
Electronic gaming operations shall comply with the following standards:
1. The principal commercial operation must be permitted as a use by right.
2. The operation shall be located within the same structure or unit as the
principal use.
3. The maximum number of machines/terminals/computers allowed per
business units is two devices.
4. 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 4.3, Standards for
Specified Principal Uses, is required. In no case can the cumulative total
number of machines for a business center, multi-unit or multi-tenant
building exceed ten.
5. 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 5.1, Parking and Loading.
F. Home Occupation
Home occupations shall comply with the following standards:
1. Only one person other than members of the family residing on the
premises shall be engaged in such application.
2. The use of the dwelling unit for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by its
occupants, and not more than 25 percent of the floor area of the dwelling
unit shall be used in the conduct of the home occupation.
3. There shall be no change in the outside appearance of the building or
premises, or other visible evidence of the conduct of such home
occupation other than one sign not exceeding 2.25 square feet in area,
non-illuminated, and mounted flat against the wall of the principal
building.
4. No home occupation shall be conducted in any accessory building.
5. No traffic shall be generated by such home occupation in greater volumes
than would normally be expected in a residential neighborhood, and any
need for parking generated by the conduct of such home occupation shall
be met off the street and other than in any required yard. Vehicles used
primarily as passenger vehicles including pickup trucks and step-type
vans only shall be permitted in connection with the conduct of the
customary home occupation.
6. No equipment or process shall be used in such home occupation which
creates noise, vibration, glare, fumes, or electrical interference detectable
to the normal senses off the lot. In the case of the electrical interference,
no equipment or process shall be used which creates visual or audible
interference in any radio or television receivers off the premises, or
causes fluctuations in line voltages off the premises.
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7. No display of products shall be visible from the street and the selling of
merchandise or the manufacture of merchandise for sale except baking,
sewing, and/or handicrafts normally made in the home cannot be the
primary function of the home occupation.
8. Instruction in music, dancing, or tutoring of academic subjects shall be
limited to four students at a time.
G. Residential Private Pier
All piers must meet Coastal Area Management Act standards.
H. Stormwater Facilities on Contiguous Properties
Retention and detention facilities serving nonresidential development shall be
permitted on contiguous residential tracts abutting the development served
provided:
1. There is no encroachment of the commercial activity onto the adjacent
residential site.
2. The adjacent residential property shall be in the same ownership as the
commercial tract.
3. The residential site is not part of an existing residential subdivision except
in the case of shared stormwater facilities.
4. The stormwater facility shall be setback twice the corresponding
residential side and rear setbacks measured from the top of the slope to
the adjacent property line. A minimum 20-foot buffer shall be provided
within the setback.
5. The stormwater management facility shall be constructed as an aesthetic
amenity with maximum slopes of 5:1.
6. If fencing of the facility is necessary, it shall not be chain link.
Section 4.5. Temporary Use Standards
4.5.1. PURPOSE
This section allows for the establishment of certain temporary uses and structures
of limited duration, when such uses must comply with standards, as outlined in this
section. Temporary uses shall not involve the construction or alteration of any
permanent building or structure.
4.5.2. GENERAL STANDARDS FOR TEMPORARY USES
A. No temporary buildings or trailers shall at any time be located closer than 25 feet to
a property line of any adjacent property, notwithstanding the required setbacks of
the zoning district in which such temporary building or trailer is located.
B. Approval for any temporary use specified in Section 4.5.3, Permissions for
Specified Temporary Uses, or for any unspecified temporary structure must be
reviewed for compliance with the standards of this Ordinance, including parking.
Unified Development Ordinance | New Hanover County, NC 4-61
C. Temporary special event uses shall be permitted subject to the standards outlined
in Section 4.5.3, Permissions for Specified Temporary Uses, below, or as required
by applicable County or state agencies.
D. The Planning Director may approve a temporary zoning permit for a period not
exceeding one month for bazaars, carnivals, religious revivals, sideshows,
concerts, or sporting events. The Planning Director may impose conditions of
approval to protect the safety of the occupants and the public. In the AC District,
the concurrence of the airport authority is required prior to the approval of the
temporary zoning permit.
4.5.3. PERMISSIONS FOR SPECIFIED TEMPORARY USES
Table 4.5.3: Temporary Use Table, identifies which uses are permitted by right,
permitted subject to approval of a special use permit, and prohibited in each zoning
district. Permissions for the RFMU and EDZD districts are outlined in Article 3:
Zoning Districts. The meanings of abbreviations in Table 4.5.3 are set forth in
subsections A and B below.
A. A “P” in a cell indicates the use is permitted by right in the zoning district. Permitted
uses, except for exempt bona fide farm uses, are subject to all other applicable
standards of this UDO.
B. A blank cell indicates that the use is not allowed in the respective zoning district.
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4.5.4. STANDARDS FOR SPECIFIED TEMPORARY USES
A. Circuses, Carnivals, and Fairs
Circuses, carnivals, and fairs shall not be allowed for more than 30 days’
duration per year.
B. Construction Office
Construction offices shall comply with the following standards:
1. Temporary buildings or trailers may be used as construction offices, field
offices, or for storage of materials to be used in connection with the
development of said tract, provided that said temporary structures are
removed from said tract within 30 days after completion of the project
development, after voluntary suspension of work on the project or
development, after revocation or expiration of building permit or an order
by the Building Safety Director upon a finding that said temporary
structure is deemed hazardous to the public health and welfare.
2. Such temporary buildings or trailer may not be used as a dwelling unit.
C. Farmers’ Market
Farmers’ markets shall comply with the following standards:
1. Sales are limited to a cumulative total of no more than 60 days per
calendar year.
2. All vendors must be original producers of items for sale.
3. Eligible products for temporary farmers’ markets are fruits, vegetables,
herbs, flowers, eggs, meats, seafood, cheese, baked goods, jellies and
jams, honey, and handmade crafts, consistent with NC Food and Drug
and Department of Agriculture and all other federal, state, and local laws
relating to the production and selling of such goods.
4. A minimum of 75 percent of the products displayed and offered for sale
must be directly linked to farm products, and documentation of how these
standards will be met shall be specified on the submission for zoning
approval.
5. The proposed time schedule and duration of the use must be specified on
the submission for zoning approval.
6. Minimum lot size shall be no less than two acres for farmers’ markets.
7. The site shall front on a collector or arterial roadway.
8. Approved NCDOT driveway permit is required.
9. Ingress, egress, circulation, and parking plans shall describe any
measure proposed to assure safety and minimize traffic impacts on
surrounding areas.
10. Adequate solid waste disposal methods must be provided for vendors
and customers.
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11. Only temporary signage shall be allowed for these temporary uses. A
maximum of two temporary signs shall be allowed on site to advertise for
the market as a whole.
a. Temporary signage consistent with the permit may be installed no
more than two days prior to the start of market activities and shall be
removed at the conclusion of operating hours.
b. Individual signs shall not exceed 35 square feet in sign area.
c. All permitted signs shall have a maximum height of six feet and shall
be set back a minimum of ten feet from any property line.
d. Illumination of signage is prohibited.
12. Parking
a. One parking space is required for every 800 square feet of gross
market size, with a minimum of two spaces. Spaces shall meet the
minimum size requirements as identified in Section 5.1, Parking and
Loading.
b. Parking shall be provided on the same site as the farmers’ market or
may be located off-site provided that it is within 400 feet of the main
entrance of the market. If parking is provided off of the primary
parcel, then a written parking agreement between the responsible
party and the parcel owner shall be provided prior to the issuance of
any permit. Adequate and safe ingress and egress shall be provided
by the farmers’ market management or the property owner.
c. All parking must occur in designated areas. No parking shall occur in
any unimproved parking surfaces such as, but not limited to,
landscape parking islands, medians, or open/passive recreation
space.
13. A site layout showing the proposed marketing area (vendor spaces,
staging, sales and display areas, and customer promenades), parking,
traffic circulation, lighting, waste disposal method, signage, and other site
amenities must be submitted for approval.
14. Tents or other shelters must meet fire safety codes and shall be
disassembled after market hours of operation. Tents shall be located so
that they will not interfere with the normal operations of any permanent
use on the property.
15. The proposed location may not be part of designated recreation, open
space, or common area in an approved residential subdivision.
16. Restroom facilities for the public may be required for compliance with the
NC Building Code.
17. If structures are proposed or required, the plan shall be reviewed for
compliance with the Americans with Disabilities Act and other building
codes.
18. Live animals or birds shall not be sold or displayed.
19. No bands, amplified music, or other entertainment shall be allowed.
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20. No concessions for consumption on site and no cooking of products shall
be allowed on the site.
21. No alcohol products shall be allowed.
22. Any proposal for a permanent farmers’ market, and any temporary
farmers’ market proposing to exceed the standards or limitations outlined
in this section, may be allowed at the discretion of the Board of County
Commissioners only upon issuance of a Special Use Permit under the
terms outlined in Article 10: Administrative Procedures.
D. Seasonal Sales
Seasonal sales are limited to a duration of 45 days per calendar year.
E. Special Fundraising for Non-Profit Organizations
Special fundraising for non-profit organizations is limited to a duration of 45
days per calendar year.
F. Temporary Real Estate Office/Model
Temporary real estate offices or sales offices may be established in a display
dwelling unit or temporary building provided that said offices are closed and
the operation discontinued and all temporary structures and facilities are
removed from the tract upon the completion of the sale, rent, or lease of 95
percent of the dwelling units or lots of said tract.
G. Temporary Relocation Housing
Temporary relocation housing shall comply with the following standards:
1. The proposed location shall be within a disaster area with specifically
defined boundaries and under specific conditions as determined by a
federal Disaster Declaration where public or individual assistance is made
available, or as determined by the County Manager.
2. Temporary accommodations for the displaced as permitted by this section
shall not be installed for more than 12 months from the date of the
declaration or determination, except as authorized by the Board of
Commissioners.
3. Temporary housing units shall be removed from the site within 30
calendar days after completion of the rehabilitation work which may
include, but not be limited to, issuance of a Certificate of Occupancy,
Certificate of Completion, or final inspection if this occurs prior to the 12-
month expiration or Board authorization term.
4. All applicants for temporary housing units shall register with the Planning
Department.
5. Temporary housing units may be subject to additional agency approvals
which may include, but not be limited to, water supply, wastewater
disposal, solid waste management and disposal, building permits,
stormwater permits, or other utilities through the applicable regulatory
office. Additional code requirements which may include, but not be
limited to, building code and fire code shall be adhered to.
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6. Temporary housing units shall comply with either the minimum National
Flood Insurance Program standards as set forth in Code of Federal
Regulations, Title 44 Part 60 or Article 9: Flood Damage Prevention.
7. Each housing unit shall have a minimum setback of five feet from any
street right-of-way or property line.
8. For temporary housing units in a community or group setting, the
following shall apply:
a. All units shall be set back a minimum of 20 feet from the perimeter of
the site.
b. A sketch plan showing the general location and estimated number of
units, parking, access points and traffic circulation, and provisions for
utilities including power, water supply, wastewater disposal,
stormwater management, and solid waste management shall be
submitted to the Planning Director.
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Article 5: General Development Standards
Section 5.1. Parking and Loading
5.1.1. PURPOSE AND INTENT
The purpose of this section is to ensure provision of off-street parking and loading
facilities in proportion to the generalized parking, loading, and transportation
demand of the different uses allowed by this Ordinance. The standards in this
section are intended to provide for adequate off-street parking while allowing the
flexibility needed to accommodate alternative solutions and to avoid excessive
paved surface areas.
5.1.2. APPLICABILITY
A. Permanent off-street parking, as required in this section, shall be required in the
following situations:
1. At the time of erection of any building or structures;
2. When any principal building or structure is enlarged or increased in
capacity by adding dwelling units, guest rooms, floor area, or seats; and
3. Upon a change in use or occupancy-type.
B. Off-street loading areas, as required in this section, are required whenever a
building is constructed that would be occupied by any manufacturing, processing,
assembly, wholesaling, retailing, laundering, dry cleaning, or similar activity that
requires the receiving or distribution by vehicles of material or merchandise.
5.1.3. TIME OF REVIEW
Each application for a building permit shall include information about the location
and dimensions of off-street parking and loading spaces and the means of ingress
and egress to such spaces. Required off-street parking areas for three or more
automobiles shall have individual spaces marked, and shall be designed,
maintained, and regulated so that no parking or maneuvering incidental to parking
shall be on any public street, walk, or alley, so that any automobile may be parked
and unparked without moving another.
5.1.4. OFF-STREET PARKING STANDARDS
Off-street parking shall be provided in accordance with the standards outlined in
Table 5.1.4: Off-Street Parking Standards. If an off-street parking standard for a
specific use is not included in the table, the Planning Director shall determine the
minimum off-street standards required, based upon the off-street parking standards
for similar uses, if any, established by Table 5.1.4, and this section.
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5.1.5. DESIGN STANDARDS
A. General Standards
All parking, loading, and service areas shall be separated from walkways,
sidewalks, and streets by curbing or other suitable protective devices to
prevent vehicles from intruding into these areas.
B. Automotive Vehicle Parking Areas
1. Off-street parking for automotive vehicles may be provided on graded,
improved open space or in elevated parking structures.
2. Non-residential parking areas shall be set back a minimum of eight feet
from any street right-of-way line (public or private), access easement, or
passageway.
3. Parking lots shall be landscaped in accordance with the requirements of
Section 5.4.6, Parking Lots
4. Required off-street parking areas for three or more automotive vehicles
shall have individual spaces marked, and shall be designed, maintained,
and regulated so that no parking or maneuvering incidental to parking
shall be on any public street, walk, or alley, and so that any automobile
may be parked and unparked without moving another.
5. A standard parking space shall have a minimum width of eight and one-
half feet, and a minimum length of 18 feet. Larger spaces may be
designated provided the minimum required spaces for the use(s) served
are met.
6. Parking spaces for small vehicles may be designated provided that these
spaces do not occupy more than 25 percent of the total number required.
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Small parking spaces shall have a minimum width of eight feet and a
minimum length of 16 feet, and shall be identified by proper signage.
7. Elevated parking structures may be permitted in residential district, B-1,
B-2, and O&I districts with a special use permit issued in accordance with
Section 10.3.5: Special Use Permit.
C. Water Vehicle Parking
1. Water vehicle parking spaces shall have a minimum width of 10 feet and
a minimum length of 16 feet, and shall be identified by proper signage.
2. Space adjacent to a floating dock shall have a minimum length of 16 feet.
D. Loading Areas
Each loading space shall be at least ten feet in width, 25 feet in length, and
shall have a height clearance of at least 14 feet.
5.1.6. ALTERNATIVE PARKING PLANS
A. Shared Parking
1. The required parking spaces for any number of separate uses may be
combined in one lot, but the required space assigned to one use may not
be assigned to another use, except that one-half of the parking spaces
required for churches, theaters, or assembly halls whose peak
attendance will be at night or on Sundays may be assigned to a use that
will be closed at night and on Sundays.
2. In the case of dual uses on the same property, when the use of the
property is by private membership, the parking requirement for the lesser
of the two associated uses within the facility shall be reduced by one-half.
B. Remote Parking:
If the off-street parking space required by this section cannot be reasonably
provided on the same lot on which the principal use is located, the parking
spaces may be provided on any non-residential zoned land within 400 feet of
the main entrance to the principal use.
C. Water Vehicle Parking
Water vehicle parking may be used to meet no more than ten percent of the
required off-street parking requirements for commercial establishments
located on or along navigable waters. If water vehicle spaces are provided, a
minimum of two boat slips shall be required.
5.1.7. LOADING AREAS
For any site where off-street loading is required, a minimum of one off-street
loading space shall be required, with an additional space required for every 20,000
square feet, or fraction thereof, of gross floor space in excess of 10,000 square
feet.
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Section 5.2. Traffic, Access, and Connectivity
5.2.1. VISIBILITY AT INTERSECTIONS IN RESIDENTIAL DISTRICTS
On a corner lot in any residential district, nothing shall be erected, placed, planted
or allowed to grow in such a manner as materially to impede vision between a
height of three and ten feet above the finished grades of the intersecting streets in
the area bounded by the street rights-of-way of such corner lots and a line joining
points along said streets rights-of-way, 50 feet from the point of intersection.
5.2.2. DEVELOPMENT ADJACENT TO ROAD, RIGHT-OF-WAY, OR EASEMENT
A. Unless exempted in accordance with B, below, every structure erected or moved
shall be located on a lot adjacent to a road constructed in accordance with
applicable county standards in place at the time, or to a right-of-way or easement
which was platted and recorded prior to 1969.
B. The following are exempt from the requirements of this subsection:
1. Lots of record established prior to October 6, 1969 that comply with the
lot area standards of the district in which they are located;
2. Structures that are to be used in conjunction with a bona fide farming
operation; and
3. Building lots having access over a private driveway or easement at least
30 feet in width to a road, provided the driveway or easement is an
easement appurtenant to three or fewer lots and the easement is solely
owned by a lot owner, or held in common by three or fewer lot owners.
5.2.3. NCDOT DRIVEWAY PERMIT REQUIRED
No building permit for any structure shall be issued which requires NCDOT
approval for a Driveway Permit until NCDOT has issued the permit approval.
Evidence of approval shall accompany the application for building permit.
5.2.4. TRAFFIC IMPACT WORKSHEET
Before a nonresidential project is submitted for site plan review, the applicant shall
prepare a Traffic Impact Worksheet to the Planning Director for verification.
A. Where the worksheet indicates traffic generation of 100 peak hour trips or more
based upon the most current edition of the Institute of Traffic Engineers (ITE) Trip
Generation Manual, the applicant shall be required to perform a Traffic Impact
Analysis TIA).
B. If a TIA is required to be submitted, the applicant or the applicant’s Traffic Engineer
shall request a pre-application conference with the Planning Director, the MPO
Coordinator, and an NCDOT Traffic Engineer to determine the scope of the TIA.
(Electronic communication among parties may be utilized to facilitate the scoping
process, when necessary.)
C. All TIAs shall be prepared by a licensed Traffic Engineer that has relevant
professional experience to perform the analysis required for the TIA. Upon
completion, the TIA shall be signed and sealed by the licensed and qualified Traffic
Engineer and submitted to the Planning Director for review. (To the extent
applicable, general guidance and standards for traffic impact analyses is outlined in
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“Traffic Impact Study Standards” originally approved by the County Commissioners
on May 20, 2002.)
D. The Planning Director, in collaboration with the MPO Coordinator and NCDOT,
shall determine whether the TIA and proposed mitigation (if appropriate) complies
with the requirements of this section, or whether additional analysis or mitigation is
necessary based on identifiable cumulative impacts or special public safety
situations. The collaboration shall follow procedures already established by the
MPO for communication with all parties.
E. The Planning Director shall notify the applicant with comments within 30 days of
receipt of the final TIA.
F. Once the mitigation measures are agreed upon by the MPO, NCDOT and County,
the Wilmington MPO will prepare a memorandum approving the TIA, identifying the
transportation improvements necessary to accommodate the proposed
development. Mitigation measures required as part of the TIA acceptance shall be
included in the final site plan submitted for review.
G. An applicant may appeal a final decision on the mitigation required by a TIA to the
Board of Adjustment, by filing an appeal request within 10 working days of a final
decision, to the Board of Adjustment, in the form of a letter stating the reasons for
appeal and including documentation in support of the appeal. In hearing disputes,
the Board of Adjustment may request an independent study by an outside source,
chosen by the County and paid for by the applicant, to resolve questions of traffic
impact and appropriate mitigation.
Section 5.3. Tree Retention
5.3.1. PURPOSE AND INTENT
In recognition that old growth native species trees and mature tree coverage are
important natural assets that contribute to New Hanover County’s quality of life, this
section designates certain trees as worthy of protection. It is the intent of this
section to preserve tree coverage, mature trees, and natural resource buffers, while
lessening the impact of development on surrounding properties, for the following
purposes:
A. Conservation of energy by shading buildings and paved surfaces;
B. Filtering of airborne pollutants;
C. Removal of atmospheric carbon dioxide;
D. Reduction of stormwater runoff;
E. Slowing of flood waters;
F. Recharging of groundwater;
G. Protection of the cultural and historic character of the area; and
H. Increasing the value of homes and businesses.
5.3.2. APPLICABILITY
The standards of this section shall apply to all lands and development under the
County’s zoning jurisdiction except:
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A. Properties that are taxed on the basis of present-use value as forestland in
accordance with Article 12, Chapter 105, N.C.G.S., or that are otherwise exempt
under state law;
B. Forestry activity that is conducted in accordance with a forest management plan;
C. Any lot of record that is less than one acre in area and located in a residential
zoning district;
D. Any residential lot that is less than one acre and shown on an approved preliminary
plan; and
E. Residential subdivisions of five or fewer lots unless subject to an Additional
Dwelling Unit special use permit or MDP Master Plan.
5.3.3. FORESTRY AND PROPERTY CLEARING
A. A letter of exemption for timber harvest or other exempted forestry activity must be
issued by the Planning Director prior to the removal of any regulated or significant
tree based on proof of exemption in accordance with NCGS 153A-452.
B. While exempted forestry activities are not subject to the tree retention requirements
of this section, failure to obtain a tree removal permit prior to any timber harvest or
other property clearing activity will result in the denial of a building permit, site plan
approval, or subdivision approval for a period of three years, regardless of any
change in ownership, if the harvest results in the removal of all or substantially all
regulated or significant trees from the tract. The denial period shall be increased to
five years in situations where removal of all or substantially all regulated trees was
a willful violation of County regulations.
5.3.4. TREE RETENTION
A. The provisions of this section protect the following regulated trees:
1. Protected Trees, which are hardwood trees at least eight inches (8”)
diameter at breast height (DBH), all conifer trees at least 12” DBH, and all
dogwoods and American hollies, larger than four inches (4”) DBH;
2. Significant Trees, which are hardwood and conifer trees at least 24” DBH
and dogwoods, American hollies, and flowering trees at least eight inches
(8”) DBH.
3. Specimen Trees, which are any live oak trees at least 36” DBH.
B. The Planning Director may permit or require a reduction in required street yards,
landscape islands, foundation plantings, setbacks, or other dimensional, parking, or
landscaping standards for the purpose of retaining significant or specimen trees.
C. A minimum of 15 trees at least two inches (2”) DBH shall be retained or planted on
the parcel for each acre or proportionate area disturbed by development.
D. Regulated trees within a 50-foot perimeter of the property must be retained and
protected during non-exempt tree harvests. All significant trees shall be retained.
E. If existing trees and shrubs on the site where a transitional buffer is required meets
at least 50 percent of the required opacity standards, then those trees and shrubs
shall be retained for use in buffering and supplemented as needed with plantings,
fences, and/or berms to meet the required standards. In all cases, existing trees
greater than eight inches DBH shall not be removed from a 20-foot buffer strip
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along the perimeter, except where the Planning Director determines removal of
such trees is necessary for the installation of utilities or other required site
improvements.
5.3.5. TREE REMOVAL PERMITS
A. Unless a waiver, exemption, or exception applies in accordance with Section
10.3.9.B.2, Waivers, Exemptions, and Exceptions, no person, directly or indirectly,
shall remove any regulated tree identified in Section 5.3.4, Tree Retention, from
public or private property without first obtaining a tree removal permit in accordance
with Section 10.3.9, Tree Removal Permit.
B. Unless a waiver, exemption, or exception applies in accordance with Section
10.3.9.B.2, Waivers, Exemptions, and Exceptions, a tree removal permit is required
before any clearing, grading, or other authorizations may be issued, including
building permits.
C. The removal of any specimen tree is prohibited on any parcel unless exempt
according to this Ordinance. Landowners may request a variance from the Zoning
Board of Adjustment related to the removal of specimen trees when site specific
conditions meet the criteria for a variance according to 10.3.11: Variance – Zoning
and Subdivision. If a specimen tree is removed without a permit, the penalty for
this violation shall be twice the mitigation fee.
5.3.6. MITIGATION
The removal of any significant tree shall be mitigated in accordance with the
following standards:
A. The total caliper inches of all significant trees proposed for removal shall be totaled
and doubled. The resultant number of caliper inches must be planted back on the
site with trees a minimum of 2-3 caliper inches in size, or greater.
B. If in the determination of the Planning Director, the site cannot accommodate the
required number of trees, then only the amount of trees that can be accommodated
on the site will be replaced, and the remainder of caliper inches shall be mitigated
through a payment-in-lieu of providing on-site trees. This payment shall be made
into the County Tree Improvement Fund to be used for plantings of public spaces in
the general vicinity of the project. The amount of the payment shall be as set forth
in the County fee schedule.
C. Any mitigation trees required as a result of the removal of significant trees shall not
be counted to meet the requirements of the buffer yard, buffers, or interior parking
requirements. Those trees must be provided in addition to any tree required by this
section.
5.3.7. TREE PROTECTION DURING DEVELOPMENT
A. Prior to any clearing, grading, or construction activity, tree protection fencing shall
be installed around protected trees or tree stands.
B. No construction workers, tools, materials, or vehicles are permitted within the tree
protection fencing.
C. Existing trees specified on the required landscape plan to remain on the site to
comply with the standards of this section shall be protected from vehicular
movement and material storage during construction, and in the final landscape
Unified Development Ordinance | New Hanover County, NC 5-9
design. An undisturbed area with a porous surface shall be reserved around each
tree as determined by the tree’s drip ring of its natural canopy. The undisturbed
area shall be protected during construction by a suitable fence, such as a wooden
slat snow fence or wire fence.
D. If a regulated tree is destroyed, substantially damaged, or dies as a result of
negligence on the part of the property owner within three years after completion of
construction, then replacement trees shall be planted on the site with a total
diameter equal to twice the diameter of the protected tree. A minimum growing
area of 144 square feet shall be provided for each replacement tree. If the
Planning Director determines it is infeasible or for replacement tree(s) to be
accommodated on the site, then a payment may be made to the County’s Tree
Improvement Fund equivalent to the pricing standards in the County fee schedule.
5.3.8. REMOVAL OF HAZARDOUS TREES
A. The Planning Director may cause or order removal of any tree or part of a tree, on
public or private property, that is in an unsafe condition, damaging to sewers or
other public improvement facilities, or infested by an injurious fungus, disease,
insect, or other pest.
B. The Planning Director may cause or order necessary treatment for any tree on
public or private property that is infested by any injurious fungus, disease, insect, or
other pest when such action is determined necessary to prevent the spread of any
such injurious conditions or pest and to prevent danger to persons or property, or to
vegetation planted on adjacent property.
C. No foliage shall be allowed to extend from public or private property into any portion
of a street right-of-way below a height of eight feet above the grade of the sidewalk
at the property line or, if no sidewalk grade has been established, as measured
from the center of the roadway. The Planning Director may cause or order
corrective action to prevent any such condition from existing.
Section 5.4. Landscaping and Buffering
5.4.1. PURPOSE
It is the purpose and intent of this section to ensure developed properties enhance
the County’s unique sense of place and support the health of its natural resources.
Landscaping and buffering contribute to these goals by:
A. Maintaining the visual character of the community;
B. Screening objectionable views within and between uses;
C. Defining functional exterior spaces;
D. Reducing glare into and from developed sites;
E. Reducing dust and other pollutants suspended in the air;
F. Controlling noise and providing acoustical modification into and from developed
sites;
G. Influencing wind patterns and their effects upon proposed uses;
H. Containing odors and minimizing their passage into and from developed sites;
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I. Controlling the direction and velocity of surface water runoff;
J. Minimizing soil erosion;
K. Moderating interior and exterior temperatures by controlling solar radiation on
buildings and paved surfaces and air pollution;
L. Maintaining the aesthetic quality of property and enhancing its values;
M. Maintaining the integrity of the County’s natural heritage;
N. Maintaining indigenous species; and
O. Transpiring water.
5.4.2. APPLICABILITY
A. Except where expressly exempted, these standards shall apply to all development
within the County’s planning jurisdiction except for single family residences being
constructed on lots of two acres or less.
B. In cases of expansions to existing principal structures or uses, all newly developed
portions of the site shall be subject to the full landscaping requirements of this
section. Landscaping upgrades for previously developed portions of the site, up to
the maximum landscaping required, shall be provided in accordance with Table
5.4.2.B: Landscaping Upgrade Standards.
C. When a subdivision of previously developed property occurs and a building permit
for new construction is obtained for any newly created parcel within two years of the
date that the final subdivision plat was approved, all parcels of the original tract
shall comply with the provisions outlined in Table 5.4.2.A for expansions.
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D. For consecutive expansions occurring within any two-year period, the amount of the
expansions shall be summed, and the maximum landscaping required for the total
extent of the expansions shall be provided.
E. Notwithstanding the above requirements, expansions to existing structures of uses
amounting to no more than a total of 500 square feet of gross floor area over a two-
year period shall be exempt from the street yard and interior parking lot landscaping
standards.
5.4.3. GENERAL STANDARDS
A. All plant materials and their spacing requirements, which are to be planted to meet
the opacity and height requirements of this section, shall be either selected from the
manual “Tree and Plant Materials for Landscaping” prepared by the County
Planning and Land Use Department and incorporated herein by reference,
available in the County Planning and Land Use Department, or shall be approved
by the New Hanover County Agricultural Extension Service.
B. Existing vegetation shall be retained as described in Section 5.3:Tree Retention.
C. Up to 15 percent of the area to be landscaped may be covered with surfaces
specifically intended to afford intensive use and enjoyment by employees or the
public (such as walking paths, benches, and table pads, etc.).
D. At all driveways and roadway intersections, unobstructed visibility shall be
maintained at elevations between three and seven feet of the pavement level within
the driveway or roadway’s sight triangle, or any area required by the NCDOT.
E. It is encouraged that stormwater management systems be integrated into the
landscaping plan.
F. No certificate of occupancy for any construction or renovation shall be issued until
one of the following conditions is met:
1. The required landscaping is completed in accordance with the approved
plan;
2. A bond or certified check, in an amount submitted by the developer and
certified by the County Commissioners to be acceptable, has been posted
and is available to the County; or
3. An irrevocable letter of credit or deposit of funds in escrow, in an amount
submitted by the developer and certified by the County Commissioners to
be acceptable, is issued by a bank in a form approved by the County
Attorney.
G. No surety or portion thereof, as provided for in this section, shall be released by the
County Commissioners until all landscaping is installed, inspected, and approved,
and until all required certification of such approval is presented and accepted by the
County Commissioners.
5.4.4. TRANSITIONAL BUFFERS
A. Transitional buffers are intended to protect adjoining land uses, particularly
residential, from the noise, heat, dust, lights, threats to privacy, and aesthetic
impacts of more intensive land uses.
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B. Transitional buffers shall be provided in accordance with Table 5.4.4.B: Transitional
Buffer Standards.
C. Transitional buffers shall have a base width equal to at least 50 percent of the
required setback, with a minimum width of 20 feet. The applicant may choose to
increase the required buffer width to receive an equivalent reduction in a building’s
setback.
D. Transitional buffers shall provide approximately 100 percent opacity and may be
occupied only by natural and/or planted vegetation, berms, and fencing as specified
in Table 5.4.4.B: Transitional Buffer Types and Specifications. Where a utility
easement occupies a portion of the buffer, sufficient plantings must be provided
outside the easement to meet the required opacity standard.
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E. No activities shall occur in the buffer except for maintenance of the buffer and the
installation and maintenance of water, sewer, electrical, and other utility systems
where the installation causes minimal disturbance of existing vegetation. No
transitional buffer required by this section may contain any building or structure or
extension of any building or mechanical system. This prohibition shall apply at the
time of issuance of a certificate of occupancy and at any time thereafter, and shall
include but not be limited to: porches, decks, patios, HVAC components, waste
containers, storage buildings, or any other fixture or structure, whether temporary or
permanent.
5.4.5. SCREENING
A. The following uses shall be shielded from view from the property line of a
residential use by means of a 100 percent opaque solid wall:
1. Dumpsters or other trash holding areas;
2. Outside storage areas;
3. Loading/unloading areas; and
4. Heating/air conditioning units, including roof mounted units.
B. The following uses shall be screened from the view of any public right-of-way or
adjacent property by living or nonliving material, as specified in this section, at least
eight feet in height:
1. The rear side of a building where that side abuts a street right-of-way; and
2. Any dumpster or trash receptacle storage area used in connection with
any business establishment.
5.4.6. PARKING LOTS
A. Landscaping is required for parking lots to reduce the aesthetic impacts of paving
or removing the natural vegetation from large areas and to reduce the noise, heat,
and dust associated with parking lots, in addition to the general intent of
landscaping and buffering standards as outlined in Section 5.4.1, Purpose.
B. Landscaping shall be required for all off-street parking lots with five or more spaces,
or at least 2,500 square feet devoted to vehicular use. A landscaping plan shall be
submitted in accordance with Section 5.4.9, Required Landscaping Plan.
C. Landscaping shall be required for parking lot perimeters in accordance with the
specifications outlined in Table 5.4.6.C: Design Criteria for Parking Lot Perimeter
Landscaping, provided that where a perimeter landscaping strip overlaps a required
street yard or transitional buffer, the more stringent requirements shall apply.
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D. Landscaping for parking lot interiors shall be in accordance with the specifications
outlined in Table 5.4.6.D: Design Criteria for Parking Lot Interiors.
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E. When a parking lot is within 50 feet of a right-of-way, and no other provisions of this
Ordinance require a planted buffer, a low landscaped screen shall be incorporated
into the street yard to provide protection from the headlights of vehicles within the
parking lot, subject to the following standards:
1. The landscape screen shall consist of shrubbery, a grade change, a
planted berm, or any combination thereof a minimum of three feet in
height and five feet in width.
2. If the landscape screen is at least 15 feet in width, the landscape screen
may be continuous and incorporated into the street yard landscaping
area.
3. Depressions and curb cuts shall be allowed for water quality protection.
F. The Planning Director may waive all or part of the requirements of this section if:
1. The parking lot is limited to periodic or intermittent use for a vehicular
parking lot for churches or recreation facilities, provided the parking lot is
completely covered by grass or otherwise presents a landscaped effect.
2. The parking lot is a temporary parking lot for a period of no more than one
year in length and it will not violate the purposes of this section and this
Ordinance.
5.4.7. STREET YARDS
A. Street yard landscaping is required upon new construction of principal structures,
expansions to existing structures, and changes of use whenever additional off-
street parking is required.
B. Street yard area shall be required in accordance with the specifications outlined in
Table 5.4.7.B, Street Yard Area Standards. The applicant may install the street
yard in any configuration that provides the required amount of street yard square
footage between the property line and any site improvements. and conforms with
required street yard minimum and maximum widths.
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C. For every 600 square feet of street yard area, the following landscaping shall be
provided:
1. One canopy/shade tree a minimum of three inches (3”) caliper in size OR
three (3) understory trees a minimum of six (6) feet in height at time of
planting, if overhead power lines are located above the street yard; and
2. Six shrubs, 12” in height at time of planting.
D. Street yard landscaping shall be required along all street frontages. For sites with
two or more street frontages, only the primary street frontage shall be required to
contain the full amount of street yard as determined in Table 5.4.7.A: Street Yard
Area Standards. Secondary street frontages are required to contain 50 percent of
the required street yard area.
E. If there are existing trees of a minimum two inches caliper size in the proposed
street yard, the Planning Director may grant credit toward meeting tree preservation
requirements. In addition, the Planning Director may require the saving of any
regulated tree in the street yard area.
F. On a case-by-case basis, the Planning Director may approve alternate planting
materials or substitutions to street yard planting requirements where requirements
would not be practical due to existing vegetation. Such substitutions must be
determined to be in keeping with the purpose and intent of this section.
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G. For all lots of record two acres or less in size, if the Planning Director determines
that the essential site improvements cannot be accommodated under these
requirements, then the required street yard area may be reduced by one-half, but in
no case shall it be reduced less than one-half.
H. Walkways, sidewalks, or other bicycle and pedestrian facilities, fountains, walls or
fences, and transit amenities shall be permitted within the street yard; however,
parking areas shall not be permitted.
5.4.8. FOUNDATION PLANTINGS
A. Foundation plantings located between the building face and the parking lot or drive
aisle shall be required for all portions of buildings adjacent to parking lots or internal
drive aisles.
B. The following minimum standards are required, though additional landscaping is
encouraged:
1. The foundation planting area shall be a minimum of 12 percent of the
area of the building face adjacent to the parking area or internal drive;
and
2. The foundation planting area shall be planted as landscaped areas of
sufficient variety, height, and size, with plantings listed in “Tree and Plant
Materials for Landscaping.”
C. Exemptions from foundation plantings may be granted by the Planning Director
when the following circumstances exist or when any of the following conditions are
proposed on the site:
1. For those portions of buildings that have drive-up services (i.e.,
pharmacies, banks, fast food restaurants, dry cleaners, photo shops,
etc.); and
2. On the rear side of a building when less than 10 percent of the total
required parking is located in the rear of the building and the rear is not
adjacent to any public right-of-way.
5.4.9. REQUIRED LANDSCAPING PLAN
A. Before or at the time of application for a building permit, a landscaping plan shall be
submitted for all projects with required landscaping and/or buffering.
B. The landscaping plan shall include the following:
1. Date of plan preparation;
2. Project name and description of land use;
3. Project owner and mailing address;
4. A map at a scale of 1” = 100’ or less showing:
a. North arrow;
b. Scale;
c. Approximate locations and species of all existing regulated trees and
their canopy drip line. If groves of the protected trees exist that will
not be removed or disturbed, it is permissible to label the grove as
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such on the map, stating the approximate number of protected trees
and species mix, without specifying data on each individual tree.
d. Locations, dimensions, and square footage of required buffer strips,
screens, and required landscaping areas;
e. Details of required landscaping showing species, dimensions, and
spacing of planted materials and the use and protection of existing
vegetation;
f. Location and square footage of structures and parking lots;
g. The zoning district classification of adjacent properties;
h. Approximate locations of all trees greater than eight inches (8”) DBH
within required buffers, and all areas of natural vegetation to be used
as part of the buffer;
i. Setbacks of all structures and shielding of certain uses, as required;
j. All existing and proposed utilities, and if applicable, their associated
easements;
k. Location of any Conservation Resources associated with the parcel
including any Rare and Endangered Species in accordance with the
North Carolina Wildlife Resources Commission and the federal
Endangered Species Act.
5. The proposed schedule for landscaping;
6. Notes on the plan stating that prior to any clearing, grading, or
construction activity, tree protection fencing will be installed around
protected trees or groves of trees. And that no construction workers,
tools, materials, or vehicles shall be permitted within the tree protection
area;
7. Reasons for removal if any protected tree is intended to be cleared from
the site. Suitable reasons for clearing one or more of these trees include
such factors as trees cover more of the site area than is required to be
landscaped and the parcel will be fully used, or that it is impossible to
position buildings on the parcel and meet setback requirements without
tree removal. Unsuitable reasons include such factors as the need for
more parking than the minimum required by this Ordinance is desired, or
that non-selective clearing by bulldozers is less expensive than selective
clearing by chainsaw.
5.4.10. MAINTENANCE
A. All existing vegetation that is used to meet the landscaping requirements, all
required planted living material, and all required berms shall be maintained by the
owner of the property on a continuing basis.
B. Any planted material that becomes damaged or diseased or dies shall be replaced
by the owner within 60 days of the occurrence of such condition. If the Planning
Director determines there are seasonal conditions that will not permit the timely
replacement of the vegetation (e.g. too hot or too cold for successful replanting),
the Planning Director may modify the requirement until a time certain when the
replanting would be successful.
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C. Artificial fencing and nonliving screening buffers shall be maintained, cleaned, and
repaired by the owner of the property on a continuing basis. Such fencing shall be
kept free of litter and advertising.
Section 5.5. Exterior Lighting
All site lighting for non-residential, mixed use, 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 5.6. Signs
5.6.1. PURPOSE
The purpose of this section is to coordinate the type, placement, and physical
dimensions of signs within the different zoning districts; to recognize the
commercial communication requirements of all sectors of the business community;
to promote both renovation and proper maintenance of signs; and to guarantee
equal treatment under the law through accurate record keeping and consistent
enforcement. The general objectives of these standards are to promote the health,
safety, welfare, convenience and enjoyment of the public, and in part, to achieve
the following:
A. Safety - To promote the safety of persons and property by providing that signs:
1. Do not create a hazard due to collapse, fire, decay, collision, or
abandonment;
2. Do not obstruct fire-fighting or police surveillance; and
3. Do not create traffic hazards by confusing or distracting motorists, or by
impairing the driver's ability to see pedestrians, obstacles, or other
vehicles, or to read traffic signs.
B. Communications Efficiency - To promote the efficient transfer of information in sign
messages by providing that:
1. Those signs which provide messages and information most needed and
sought by the public are given priorities;
2. Businesses and services may identify themselves;
3. Customers and other persons may effectively locate a business or
service;
4. No person or group is arbitrarily denied the use of the sight lines from the
public right-of-way for communication purposes; and
5. Persons exposed to signs are not overwhelmed by the number or size of
messages presented, and are able to exercise freedom of choice to
observe or ignore sign messages, according to the observer's purpose.
C. Landscape Quality and Preservation - To protect the public welfare and to enhance
the appearance and economic value of the landscape by providing that signs:
1. Do not interfere with scenic views;
2. Do not create a nuisance to persons using the public rights-of-way;
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3. Do not constitute a nuisance to occupancy of adjacent and contiguous
property by their brightness, size, height or movement;
4. Are not detrimental to land or property values; and
5. Contribute to the special character of particular areas of the community,
helping to orient the observer within it.
D. Outdoor Advertising Signs
1. Outdoor advertising signs are herein regulated for the purposes of
regulating excess signage, encouraging the positive economic
development of the County, preserving and improving tourism views,
promoting the safety of the traveling public, protecting existing property
values in both residential and nonresidential areas, preventing the
overcrowding of land, and protecting the aesthetics of the County.
2. The regulations are designed to prevent their over-concentration,
improper placement, and excessive height, bulk, number and area. It is
recognized that, unlike on-premise identification signs, which are in
actuality a part of a business, outdoor advertising is a separate and
distinct use of the public thoroughfare. With a view to this distinction,
outdoor advertising signs are regulated differently from on-premise signs.
5.6.2. GENERAL PROVISIONS
A. Compliance with Building and Electrical Codes
All signs shall be constructed in accordance with the requirements of the local
and state Building Code and the National Electrical Code.
1. Anchoring
a. Signs shall be suspended by nonrigid attachments that will allow the
sign to swing in a wind.
b. All freestanding signs and outdoor advertising signs shall have self-
supporting structures erected on or permanently attached to concrete
foundations.
c. All portable signs on display shall be braced or secured to prevent
motion.
2. Wind Loads
Solid signs, and skeleton signs other than wall signs, shall be designed to
withstand a wind load according to the North Carolina State Building
Code.
3. Additional Construction Specifications
a. No signs shall be erected, constructed, or maintained so as to
obstruct any required exit, fire escape, window or door opening used
as a means of egress.
b. No sign shall be attached in any form, manner or shape which will
interfere with any opening required for ventilation, except that signs
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may be erected in front of and may cover transom windows when not
in violation of the provisions of Fire Prevention Codes.
c. Signs shall be located in such a way as to maintain horizontal and
vertical clearance of all overhead electrical conductors in accordance
with the National Electrical Code specifications.
4. Maintenance and Removal
Should any sign become in danger of falling or is deemed otherwise
unsafe in the opinion of the Building Safety Director, the owner, or the
person or firm maintaining the same, shall upon written notice from the
Building Safety Director, forthwith in the case of immediate danger and in
any case within 10 days, secure the sign in a manner to be approved by
the Building Safety Director in conformity with the provisions of the state
building code, or remove the sign. If the sign is not removed, the Building
Safety Director or his designated agent may initiate legal procedures to
obtain the necessary court orders to remove such sign at the expense of
the owner or lessee.
B. Abandoned Signs
Any on-premises sign relating to any business or other use shall be removed
by the owner of the sign or property owner within 60 days after such business
or activity has been vacated or terminated. If the sign has not been removed
after the removal time has expired and after proper written notification is
given, the Planning Director may initiate legal procedures to remove the
sign(s) at the expense of the owner or lessee.
C. Sign Measurements
1. General - For the purpose of this section, the area, in square feet, of any
sign shall be computed by the smallest square, triangle, rectangle, circle,
or combination thereof, which will encompass the entire sign. In
computing the sign area in square feet, standard mathematical formulas
for known or common shapes will be used. In the case of irregular
shapes, straight lines drawn closest to the extremities of the shape will be
used.
2. Multiple Faces - Where a sign has two or more faces, the area of all faces
shall be included in determining the area of the sign, except where two
such faces are placed back-to-back and are at no point more than two
feet from one another. The area of the sign shall be taken as the area of
the larger face if the two faces are of unequal area; if the areas of the two
faces are equal, then the area of one of the faces shall be taken as the
area of the sign.
D. Lighting
Unless otherwise specified in this section, all signs may be illuminated.
However, no sign regulated by this Ordinance may utilize:
1. An exposed incandescent lamp with an external reflector without a
sunscreen or comparable diffusion;
2. An exposed incandescent lamp unless a screen is attached; or
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3. A revolving beacon light.
E. Exemptions
This section shall not relate to building design, nor shall this section regulate
official traffic signs, gravestones, lighting, or displays of a seasonal, religious,
or traditional nature (e.g., Christmas or Chanukah lights or decorations,
Thanksgiving decorations, Halloween lights or decorations, etc.) which are
not commercially-oriented, scoreboards on athletic fields, or any display or
construction not defined as a sign. The regulations of this section shall not
apply to any sign that is not visible from the perimeter of the subject property.
F. Permits Required
Unless otherwise specifically provided, a sign permit shall be obtained in
accordance with Section 10.3.8, Zoning Compliance Approval, before
commencing the construction, alteration, erection, addition to, or moving of
any sign or outdoor advertising signor part thereof.
G. Indemnifications and Insurance
1. All persons involved in the maintenance, installation, alteration, or
relocation of signs near or upon any public right-of-way or property shall
agree to hold harmless and indemnify the County, its officers, agents, and
employees, against any and all claims of negligence resulting from such
work insofar as this section has not specifically directed the placement of
a sign.
2. No person may engage in the business of erecting, altering, relocating,
constructing, or maintaining signs without a valid contractor's license and
all required licenses on the state and federal level.
3. All persons involved in the installation, maintenance, relocation, or
alteration of signs shall maintain all required insurance and shall file with
the state a satisfactory certificate of insurance to indemnify the city, state,
or County against any form of liability to a minimum of $100,000.
H. Prohibited Signs
In all zoning districts the erection, construction, location or the use of any sign
is prohibited as follows. Such signs, if deemed to create a public safety
hazard by the Building Safety Director, may be removed immediately;
otherwise, prohibited signs shall be removed as provided under Section
5.6.4.K. See Table 5.6.2.H: Permitted and Prohibited Signs, by Zoning
Districts.
1. Signs in Public Right-of-Way. No sign shall be permitted on or protrude
into a public right-of-way, street, or passageway, except as provided
specifically for in this section.
2. Signs Attached to Public Property or Utility Structures. Except for signs
installed by or with the approval of an appropriate governmental agency,
no sign shall be attached to, hung, or painted on any curb stone, hydrant,
lamppost, street trees, barricade, temporary walk, telephone pole,
telegraph pole, electric light pole, or other utility pole, public fence, or on a
fixture of a fire alarm or police call system within any public right-of-way.
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No detached sign shall be located closer than 10 feet in any direction
from any power or transmission line. (NOTE: This does not include the
supporting structure, e.g., the power pole.)
3. Signs Constituting Traffic Hazards. No sign shall be permitted whereby its
location, nature or type constitutes or tends to constitute a hazard to the
safe and efficient operation of vehicles upon any public right-of-way,
street, or passageway. No sign shall be permitted that would obstruct the
line of sight of motorists or pedestrians at intersections, driveways, or
along any public right-of-way, street, or passageway. No sign shall be
permitted, as specified in Section136-32.2, N.C.G.S., that would obstruct
or resemble traffic signs or signals, or would tend to be confused with a
flashing light of an emergency vehicle.
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4. Signs Constituting Fire Hazards. No sign shall be permitted to prevent
free ingress and egress from any door, window, or fire escape.
5. Signs Pertaining to Specified Activities or Containing "Vulgar" Words. No
sign shall contain statements, words, or pictures which describe or
display "specified anatomical areas" or "specified sexual activities," as
defined in this Ordinance or which contain words which are classified as
"vulgar" or "vulgar slang" in The New College Edition of the American
Heritage Dictionary of the English Language.
6. Moving Signs. No sign shall be permitted containing or consisting of
banners, posters, pennants, ribbons, balloons, streamers, or other
similarly moving devices or ornamentation, except as specifically provided
in this section.
7. Flashing Signs and Rotating Light Beams. No sign shall be permitted
which contains or utilizes revolving or rotating beams of light of
stroboscopes. No sign shall be erected which flashes, except for time and
temperature signs.
8. Signs on Vehicles. No sign shall be placed on a vehicle or trailer which is
parked or located for the primary purpose of displaying the sign (this does
not apply to permitted portable signs, or to signs or lettering on buses,
taxis, or vehicles operating during the normal course of business).
9. Floating Signs. Floating Signs are not permitted.
I. Signs Which do not Require a Permit
The following types of signs are exempted from the sign permit requirements,
but must comply with all other requirements of this section.
1. Signs used by churches, synagogues, or civic organizations.
2. Construction Signs. One construction sign for each street frontage of a
construction project, not to exceed 20 square feet in sign area in
residential zoning districts or 35 square feet in sign area in all other
zoning districts. Such signs may be erected ten days prior to beginning of
construction and shall be removed within 30 days following completion of
construction.
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3. Directional/Information Signs. Four freestanding directional/information
signs per lot, not to individually exceed three square feet in sign area or
30 inches in height.
4. Individual Political Signs. Non-illuminated political signs, not to individually
exceed 12 square feet in sign area. Such signs shall be removed 30 days
following the applicable election or referendum. Political signs may be
placed only on private property and only with the permission of the
property owner, provided that each candidate for political office, or the
candidate's local representative in the case of statewide or national
offices, shall apply for a general permit for all personal campaign signs,
indicating that the candidate is aware of all regulations concerning
political signs, that all supporters receiving the signs will be advised of
these regulations and ordered to follow them, and that the signs shall be
removed as required by these regulations.
5. Public signs or notices or any sign relating to an emergency.
6. Real Estate Signs. One non-illuminated real estate sign per street
frontage, not to exceed 20 square feet in sign area. Such signs must be
removed 30 days following rental, sale, or lease.
7. Incidental Signs not to exceed six square feet in aggregate sign area per
occupancy
8. Residence signs, Nameplates, or street address numbers, not exceeding
four square feet in area.
9. Signs used for bona-fide navigational aids.
10. Flags.
11. Off-Site Real Estate Signs. Off-site real estate signs which are generic
signs with display content limited to a directional arrow and/or one
descriptive phrase of "open house" or "home for sale," and allowed off the
premises from where the real estate product is being offered that comply
with the following requirements:
a. Be located on private property only with written permission of the
applicable property owner. The property owner or real estate agent
shall be subject to the applicable penalties for violation of these
provisions.
b. Be no greater than four square feet in area.
c. Be no higher than three (feet, measured from the adjacent ground
elevation to the uppermost portion of the sign.
d. Only locate one sign per intersection.
e. Not block any sight distances of any intersection.
f. Not be placed within a public or private road right-of-way.
g. Be freestanding.
h. Not be placed on trees, utility posts, traffic control signs, or other
signs.
i. Not have lighting, movable elements, or flags.
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j. Comply with the following allowable times of placement:
1. A sign directing attention to a temporary sales office or model unit
in a development of multiple lots or units offered for sale may
remain in place seven days a week, for as long as the temporary
sales office or model unit is on site.
2. A sign directing attention to any property or properties other than a
model unit or sales office as specified in paragraph (a), may
remain in place from 4:00 p.m. on Friday to 8:00 a.m. on the
following Monday. On the following specified holidays, signs may
be posted after 4:00 p.m. the day prior to the actual holiday and
must be removed by 8:00 a.m. the day following the holiday:
i. New Year's Day
ii. Martin Luther King, Jr. Day
iii. Good Friday (Friday before Easter)
iv. Azalea Festival - Friday
v. Memorial Day
vi. Independence Day
vii. Labor Day
viii. Veteran's Day
ix. Thanksgiving Day - Thursday and Friday
x. Christmas Day
J. Signs Which Require a Permit
1. Subdivision Identification Signs
Two subdivision identification signs per entrance, not to exceed 35
square feet each in sign area. Identification signs may be located on
privacy and freestanding walls. Unless otherwise specified, if the
identification sign is located on a freestanding wall, the wall shall not
exceed six feet in height, or the height of the subdivision privacy wall,
whichever is greater.
2. Identification Signs
One identification sign per apartment or condominium complex entrance,
not to exceed 35 square feet in sign area. Identification signs may be
located on walls provided such walls do not exceed four feet in height and
75 square feet in area.
3. Freestanding Signs in Residential Areas
For permitted nonresidential uses, including churches and synagogues,
one freestanding sign per frontage, not exceeding 35 square feet in sign
area, and one marquee sign not to exceed 25 feet in sign area. All
permitted freestanding signs shall have a maximum height limit of six feet
and shall have a minimum setback of five feet from any property line. For
Unified Development Ordinance | New Hanover County, NC 5-27
permitted freestanding signs which are to be illuminated, such illumination
must come from a light source which is external to the sign itself.
4. Principal Use Signs
a. Freestanding Signs
1. Primary. One primary freestanding sign per premises, in
accordance with Table 5.6.2.J.4.a: Freestanding Sign Standards.
2. Auxiliary. An additional (Auxiliary) freestanding sign shall be
allowed for property having in excess of 100 linear feet of road
frontage; one auxiliary freestanding sign shall be permitted for
each 100 linear feet of road frontage. Auxiliary signs may contain
up to 50 percent of the allowable area of primary freestanding
signs or 20 square feet, whichever is greater. Auxiliary signs shall
not be permitted within 50 feet of any other auxiliary or primary
sign located on the same parcel of property. No more than two
auxiliary freestanding signs shall be permitted on each road
frontage for each parcel of property.
3. Carolina Beach Road. Freestanding signs along Carolina Beach
Road shall comply with the provisions of this section except that
only one freestanding ground sign not to exceed six feet in height
and a maximum surface area of 150 square feet is permitted.
b. Wall Signs. Up to five wall signs per occupancy, in aggregate not to
exceed 20 percent of the area of the wall to which the signs are
attached, up to a maximum size of 250 square feet per each
occupancy.
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c. Under-Canopy Signs. One under-canopy sign per occupancy, not to
exceed four square feet in sign area.
d. On-Premises Window Signs. Any principal building may install on-
premises window signs, provided:
1. The area of such signs shall not exceed an aggregate area equal
to 10 percent of the total ground floor glassed window area of the
building.
2. Such signs, if located inside the window, may be neon signs.
3. Such signs are prohibited above the second floor occupancy.
e. Special regulations and allowances for principal use signs:
1. Corner Lots. Where an occupancy is on a corner or has more than
one main street frontage, an additional wall sign and an additional
freestanding sign are allowed on the additional frontage, not to
exceed the number and size limitations of other allowed wall and
freestanding signs.
2. Minimum Clearance. All freestanding, awning, marquee, and
under-canopy signs shall have a minimum clearance of nine feet
over any pedestrian use area.
3. Awning Signs. Three awning signs per occupancy, not to exceed
20 percent of the surface area of an awning.
4. Multi-Unit Signs. Multi-unit signs consist of three or more
individual identification signs. These individual signs shall be
designed to reflect a unified graphic appearance (e.g., size and
material type), as determined by the Planning Director. Individual
commercial logos are permitted on multi-unit signs so long as they
do not constitute more than 25 percent of the area of the
applicable individual occupancy identification sign.
5.6.3. TEMPORARY AND SPECIAL EVENT SIGNS
A. Balloons / Blimps
1. Allowed for special events with a permit for up to seven days of
consecutive use, five times per calendar year per location, subject to the
following conditions:
a. The balloon or blimp may not be more than 1,000 cubic feet in size,
nor shall the total of the longitudinal and latitudinal dimensions of the
device, measured along their axes, exceed 37 linear feet;
b. The balloon or blimp shall be securely anchored at a point within the
applicable setback for buildings in the zoning district where the
balloon or blimp is flown
c. The balloon or blimp may not be flown more than 50 feet in the air
unless it is located at least 100 feet from any active public roadway;
its height may thereafter be increased in proportion to its distance
from the roadway, to a maximum of 100 feet. (Example: if the device
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is anchored 125 feet from a road, it may be flown at a height of 75
feet;
d. No balloon or blimp shall be flown in windy conditions (sustained
winds of 25 m.p.h. or more) or inclement or stormy weather; all
applicable state or federal regulations must be observed;
e. No balloons or blimps may be flown within a one-mile radius of
another such device; and
f. No device authorized by this section may consist of more than one
balloon or blimp, or have attached to it any streamers, banners, or
other paraphernalia.
2. For purposes of this provision, a balloon or blimp may display advertising
copy that is not specific to the premises or establishment where the
special event is occurring, but may not be displayed at any other
premises.
3. "Special events," as used in this provision includes grand openings,
special sales and other promotional activities. If, in the opinion of the
Building Safety Director, any balloon or blimp is creating or contributing to
a hazardous situation, the Director may direct that it be removed or that
the manner of its display be altered to remove the hazard.
B. Banners
Banners are allowed for special events with a permit, for up to 30 days of
consecutive use, two times per calendar year (separated by a minimum of 30
days). There shall be no more than two banners per occupancy, per permit.
In the case of public parks, each group or activity will be considered a
separate occupancy. Museums and cultural arts centers are permitted
continuous, year-round display of one banner and there is no time constraint
imposed upon any one banner's display. A second banner may be permitted
in compliance with the banner restrictions applied to other uses. For grand
openings, or other special events, a banner may be used for no more than 30
days for one time per calendar year. These banners are allowed with a permit
in the Commercial and Industrial districts.
C. Flags
Flags are allowed as specified in Table 5.6.3.C: Flag Standards by Zoning
District. Ground-mounted flagpoles shall not exceed height limits established
in Table 5.6.3.C. Roof-mounted flagpoles shall not exceed the maximum
height permitted in each zoning district for roof-mounted antennae. No more
than two flags shall be permitted per each flagpole, not to exceed the
cumulative area established in Table 5.6.3.C. The United States, North
Carolina, city and county flags are exempt from all restrictions of this article.
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D. Pennants
Pennants are prohibited except as navigational aids, or if used by a religious
activity or by an educational or charitable organization (see Flags).
E. Portable Signs
Portable signs are allowed with a permit for up to 30 days of consecutive use,
two times a calendar year (separated by a minimum of 30 days), for parcels
in the Commercial or Industrial districts. They are prohibited elsewhere.
Portable signs cannot exceed 35 square feet in size and six feet in height, or
be located within five feet of any property line. That shall not be over one
portable sign per parcel. At the expiration of the permit period, the sign, which
includes the lettering as well as the signage cabinet, shall be removed.
5.6.4. OUTDOOR ADVERTISING SIGNS
A. Where Permitted
Outdoor advertising signs and structures that comply with the provisions of
this Ordinance shall be permitted in the I-1, I-2 and AC zoning districts,
provided the specific outdoor advertising sign location is 400 feet or more
from any Residential zoning district, place of worship, public park, or school.
Outdoor advertising signs shall not be constructed within areas designated
under the SHOD district. Outdoor advertising signs shall not be permitted in,
upon, or over any navigable public waterway, marsh, or within 400 feet
landward of the mean high water line.
B. Location, Setbacks, and Spacing of Outdoor Advertising Signs
1. Setbacks. Each outdoor advertising sign shall comply with the applicable
setback requirements of the district in which it is located. In no case,
however, shall an outdoor advertising sign be located less than 10 feet
from any right-of-way or property line.
2. Corner Lots. No part of an outdoor advertising sign may be located within
a triangular area formed by the street right-of-way lines and a line
connecting them at points 50 feet from the right-of-way intersection.
3. Spacing of Outdoor Advertising Signs. No part of any outdoor advertising
sign shall be located less than 1,000 feet from any part of another outdoor
advertising sign.
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4. Back of Outdoor Advertising Sign. The backs of all outdoor advertising
signs shall be painted in a neutral color to blend with the surrounding area
and to prevent the reflection of car lights and sunlight.
C. Single Outdoor Advertising Sign Structure
An outdoor advertising sign shall be considered as one sign structure when it
is designed to be viewed from:
1. One direction and consists of a single face sign placed in such a manner
to be viewed by one directional flow of traffic; or
2. Two directions and consists of two sign faces arranged either back-to-
back or in a V-shape.
3. In no case shall there be more than one sign face per directional flow of
traffic.
D. Area and Height Requirements for Outdoor Advertising Signs
1. No outdoor advertising sign facing streets with four or more traffic lanes
may exceed 150 square feet; outdoor advertising signs facing streets with
fewer than four traffic lanes may not exceed 75 square feet. The
allowable sign area of outdoor advertising signs with equal size and
shape for both double-faced (back-to-back) and V-type outdoor
advertising signs is measured by computing the area of only one side of
the outdoor advertising sign. Both sides of a double-faced or V-type
outdoor advertising sign shall be of equal size. No point on either side
shall be more than 15 feet from the nearest point of the other side.
2. No outdoor advertising sign or part thereof, including base, apron,
supports, supporting structures, and trim, may exceed 30 feet in height.
Rooftop outdoor advertising signs are prohibited.
E. Inspection of Outdoor Advertising Signs
The Building Safety Director shall inspect all outdoor advertising signs
periodically to determine that the same are in a safe condition and meet the
requirements set forth in this section.
F. Clearance for Overhead Electrical Conductors
Outdoor advertising signs shall be located in such a way that they maintain
horizontal and vertical clearance of all overhead electrical conductors in
accordance with National Electrical Code specifications, provided that no
outdoor advertising sign, except official traffic signs, shall be installed closer
than 10 feet horizontally or vertically from any conductor or public utility guy
wire.
G. Illumination
All outdoor advertising sign illumination devices shall be in conformance with
the North Carolina State Building Code, Volume IV, and all other state and
local codes governing illumination. All illumination shall be designed to be
contained to the sign area of the outdoor advertising sign.
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H. Back of Sign
The backs of all outdoor advertising signs shall be painted in a neutral color
to blend in with the surrounding area.
I. Trimming of Vegetation Prohibited
There shall be no trimming of vegetation on public property or rights-of-way to
make any outdoor advertising sign more visible.
J. Maintenance
All outdoor advertising signs shall be maintained in a state of good repair.
Whenever it shall appear to the Building Safety Director that any outdoor
advertising sign has been constructed or is being maintained in violation of
the terms of this section or is unsafe or insecure, such outdoor advertising
sign shall either be made to conform with all outdoor advertising sign
regulations or shall be removed at the expense of the owner, within ten days
after written notification thereof by the Building Safety Director.
K. Removal of Obsolete Outdoor Advertising Signs
Outdoor advertising sign messages which advertise a discontinued activity or
use of a building or premise shall be removed within 60 days from the date
the activity or use was terminated. Outdoor advertising signs advertising
events such as shows, displays, festivals, circuses, fairs, athletic contests,
dances, fund drives, elections, exhibits, meetings, conventions, and the like
shall be removed within 30 days after the date of termination of such events.
Section 5.7. Conservation Resources
5.7.1. PURPOSE
The purpose of these conservation resources standards is to protect important
environmental and cultural resources within the County. Protection of these
resources is necessary to:
A. Maintain the County's diverse and ecologically important natural systems;
B. Preserve the County's estuarine systems important for finfishing and shellfishing;
C. Provide open space; and
D. Retain the County's archaeological and historical heritage.
5.7.2. APPLICABILITY
A. Unless exempted by subsection C below, the development and improvement of a
parcel of record existing on December 1, 1984, including the division of land, shall
be subject to these performance controls, if the parcel is associated with any
conservation resources identified in Table 5.7.2.A: Minimum Distinct Area of
Conservation Resources, having a corresponding minimum distinct area identified
in Table 5.7.2.A. A parcel is considered to be associated with a conservation
resource if either the resource is contained partially or wholly on the parcel or if the
resource is located next to a parcel such that the resource setback specified in
Section 5.7.4, Additional Performance Controls, extends into the parcel.
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B. Official maps of and information concerning resources identified in subsection A
above are available for review at the County Planning and Land Use Department.
These maps serve as an initial resource to determine if a parcel is associated with
conservation resources identified in subsection A above, but all conservation
resources outlined above shall be identified on all required site plans, regardless of
whether they are identified on County maps.
C. The following are exempt from the requirements of this article:
1. The development of one single family home detached structure, one
residential duplex, or the location of two or fewer mobile homes on a
parcel.
2. Commercial, industrial, office or institutional development involving a land
disturbance of less than one acre in area.
3. The development or division of a parcel that meets both of the following
conditions:
a. No part of the development or division shall be located within a
distance equal to or less than the setback distance specified in
Section 5.7.4, Additional Performance Controls, of any conservation
resource or space existing on the parcel or on a contiguous parcel of
record.
b. No part of the development or division shall be located on any portion
of the parcel that is part of the upper drainage basin for any
conservation resource or space on the parcel or within the specified
setback on a contiguous parcel of record.
5.7.3. CONSERVATION SPACE GENERAL PERFORMANCE CONTROLS
The general performance controls for conservation space in this section apply to all
development subject to this article.
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A. Required Amounts of Conservation Space
1. Conservation space is defined as that portion of the conservation
resource that shall be preserved, as determined by this section (5.7.3).
2. Conservation space may not be reserved provided the development or
subdivision of the parcel meets the condition specified in Section
5.7.2.C.3.a.
3. If the development or subdivision does not meet the condition specified in
Section 5.7.2.C.3.b, then, the development or subdivision shall meet
applicable drainage and setback regulations specified in Section 5.7.3.F,
Design Storm, and Section 5.7.4, Additional Performance Controls.
4. Conservation space shall not be required to be reserved for the
conservation resources identified in Table 5.7.3.A.4: Conservation
Resources Not Requiring Conservation Space, unless the total acreage
of minimum distinct areas on the parcel of record exceeds the minimum
identified in Table 5.7.3.A.4.
5. The required amount of conservation space shall be determined using
Table 5.7.3.A.5: Work Table for Determining Required Conservation
Space Developable Land, using the four steps set out below, which refers
to the columns in Table 5.7.3.A.5.
a. Step One: List in column 2 the acreage of land occupied by each
conservation resource named in column 1. If part of the parcel is
occupied by more than one resource, list the acreage occupied only
by the resource with the highest ranking. Rankings are listed in
column 1 in parenthesis next to the resource name.
b. Step Two: Multiply each of the listed acreage in column 2 by factors
listed in column 3. Place each answer in column 4.
c. Step Three: Add the acreage in column 4 to determine total minimum
conservation space required.
d. Step Four: Subtract the total minimum conservation space from the
total gross parcel to determine the maximum amount of developable
land.
6. The total amount of conservation space that shall be reserved shall be
equal to or exceed the total minimum conservation space calculated in
step three in subsection A above. The total minimum conservation space
shall be allocated to and reserved for conservation resource areas in
acreage equal to or exceeding the minimum acreage calculated for the
resources in column 4 of Table 5.7.3.A.5: Work Table for Determining
Required Conservation Space Developable Land.
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B. Arrangement of Conservation Space
Conservation space shall be reserved in contiguous blocks or in close
proximity to the greatest extent possible in order to prevent the scattering of
such space and to increase effectiveness in their management.
C. Transfer of Conservation Space Requirements Between Resource
Conservation Areas
In order to provide flexibility in site design, the minimum acreage of
conservation space required in column 4 of Table 5.7.3.A.5: Work Table for
Determining Required Conservation Space Developable Land, for any one
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conservation resource area may be reduced by any desired amount provided,
however, that the minimum conservation space required for a different
conservation resource area with an equal or higher ranking is increased by
an equal or higher amount. For instance, assume that a parcel has ten acres
of swamp forest and fifteen acres of fresh marsh. According to the worktable,
swamp forest has a conservation factor of .5 and fresh marsh as a
conservation of .8. Therefore, at least 5 acres of swamp forest must be
reserved as conservation space (10 acres x .5 = 5), and at least twelve acres
of fresh marsh must be reserved (15 acres x .8 = 12.0 acres). If the
developer, however, wishes to develop seven acres of swamp forest, he may
transfer two acres of the conservation space requirement for swamp forest to
the fresh marsh because fresh marsh has a higher importance value (6) than
does swamp forest (5). As a result of the transfer, therefore, all fourteen
acres of the fresh marsh would be required to be preserved as conservation
space while only three acres of swamp forest would be required to be
preserved.
D. Improvements
Conservation space shall not be cleared of vegetation, shall not have its
natural drainage system significantly altered, and shall not be developed in
any manner that would negatively impact the conservation resource, with the
following exceptions:
1. Improvements that would either protect or enhance the enjoyment of the
conservation resource. Such measures not causing significant impact
include, but are not limited to, walkways, self-guided trails, protective
fences, docks and boat ramps.
2. Access to other parts of the parcel. If a part of the parcel may be
developed but is inaccessible due to the existence of a conservation
resource area, a road and/or utilities may be constructed through the
conservation resource area. The road and/or utilities, however, shall be
designed to the greatest extent practical to minimize impact to the
conservation resource.
3. Access to the waterfront. If the entire waterfront along a parcel is
inaccessible due to the existence of required conservation space, a boat
ramp, dock, or pier may be built for boating facilities in the conservation
space, subject to relevant State and Federal permits. The facilities,
however, shall be designed to the greatest extent practical to minimize
impact to the conservation resource.
E. Methods of Conservation Space Preservation
Conservation space may be preserved by any of the following means:
1. Dedication of the conservation space or of a conservation easement in
perpetuity to and acceptance by the County for use as parks, recreation
areas, or other suitable public purposes.
2. Dedication for suitable public purpose of the conservation space or of a
conservation easement in perpetuity to and acceptance by State or
Federal agency or by a private, non-profit charitable organization qualified
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to accept such dedications in accordance with the Federal Internal
Revenue Code.
3. The owner of the parcel on record may retain sole ownership of the
conservation space provided the conservation space has not been used
in calculating residential density. The conservation space shall not be
subdivided.
4. The conservation space may become the property of a homeowner's
association under the following conditions:
a. Such conservation space shall remain undivided and no lot or unit
owner or any other person shall bring any action for partition or
division of any part thereof except as provided in Chapter 47A (Unit
Ownership Act) of the General Statutes. Each lot or unit owner's
undivided interest shall be preserved through covenants running with
the land. Title to such areas shall be encumbered for the perpetual
benefit of the public generally or the private properties in the
development, and all future use shall be consistent with the
conservation space requirements.
b. All lots or units within the development shall have direct access to all
conservation space as provided, by means of dedicated streets or
walkways within the development or by the fact of physical contiguity
to other public land or lands in common ownership of all residents.
The developer shall not place age, race, creed, sex or economic
restrictions (other than maintenance assessments) upon lot or unit
owners for the use of said conservation space. Land which is
restricted in any way so as to be for the use, benefit or enjoyment of a
select group within the development shall not qualify as conservation
space.
c. The Homeowner's Association or the non-profit organization shall be
established before any lots are sold.
d. Membership shall be mandatory for each lot buyer, and any
successive buyer.
e. The association shall provide for liability insurance, any taxes and the
maintenance of all grounds and facilities.
f. Any sums levied by the association that remain unpaid shall become
a lien upon the lot owner's property.
F. Design Storm
Stormwater runoff for the entire parcel will be managed by structures
appropriately sized such that the peak rate of discharge from the site after
completion of development for any storm up to and including the specified
design storm, shall not exceed the peak rate of discharge from the site in its
previous natural condition for the specified design storm. The design storm is
specified as occurring once every ten years and lasting for 24 hours.
Industrial, commercial, office or institutional development on a parcel one
acre or less in size and with a maximum impervious to gross site area ratio of
less than 0.2 shall be exempt from this control. Discharge of run-off from
impervious surfaces for the entire parcel directly into natural water bodies
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shall not be allowed. Runoff shall be routed along vegetated swales, through
filter media of vegetation, gravel, sand, or other media, or to detention ponds
for purposes of increasing percolation, settling and filtering out of non-point
pollutants and decreasing discharge velocity.
G. Buffer Strip
Buffer strip, if required in accordance with Section 5.4, Landscaping and
Buffering, shall not be extended through conservation space areas.
H. Historical and Archaeological Sites
1. If a developer wishes to develop an historical or archaeological site, the
developer shall do one of the following:
a. Provide for a thorough site investigation by a professional historian or
archaeologist, as appropriate, who shall prepare a written report with
the following information:
1. Description of site;
2. Relevant historical documentation/back-ground research;
3. Research design;
4. Field studies as actually implemented including any deviation from
the design and the reason for the deviation;
5. All field observations;
6. Analyses and results;
7. Information on the location of original data in the form of field
notes, photographs, and other materials;
8. Proof that adequate creation of artifacts and records to ensure
their preservation and access for further study will be provided;
9. Recommendation for further study and preservation of the site,
given anticipated development; and
10. Evaluation of the potential of the site for inclusion in the National
Register of Historic Places. If the site is evaluated to have
historical or archaeological significance and is eligible for the
National Register, every reasonable effort shall be made in the
development to preserve it.
b. Give access rights for investigating the site and acquisition rights to
artifacts to the Planning and Land Use Department or its designated
agent for a period of at least 60 days between issuance of the building
permit and any development of the property that would impact the
site.
2. If a developer wishes to develop a site with an abandoned cemetery, or if
an abandoned cemetery is discovered during the course of construction,
the developer shall provide for the delineation of the abandoned cemetery
by a qualified expert, subject to approval by the County.
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5.7.4. ADDITIONAL PERFORMANCE CONTROLS
In addition to the general performance controls specified in Section 5.7.3,
Conservation Space General Performance Controls, additional controls shall be
required to protect certain conservation resources in certain zoning districts. Table
5.7.4: Additional Performance Controls, lists for each conservation resource and
type of district (residential or non-residential and mixed use), the reference number
of the group of additional controls that shall be required. Requirements for each
group are set forth in subsections A through D, following the table. If the parcel
being developed is associated with two or more conservation re-sources with
conflicting performance controls, then the most restrictive controls shall apply.
However, improvements as specified in Section 5.7.3.D, Improvements, may be
permitted within the conservation space setbacks. Additionally, decks may be
allowed to encroach into the conservation space setback up to six feet provided
they are uncovered and constructed so that the floorboards are spaced to allow
water to flow through directly to the ground. The ground below the deck shall be
either left undisturbed or planted with ground cover or other vegetation.
A. Group 1 Performance Controls
1. Conservation Space Setbacks
All structures and impervious surfaces shall be setback from the
conservation space, if any, whether the space is located on the parcel or
on an adjacent parcel, a distance of at least 100 feet.
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2. Retention of Runoff
In addition to designing the site to control stormwater from a ten-year
storm, on-site retention or percolation areas shall be required for the
entire parcel sufficient to control, at a minimum, the first one inch of runoff
that will originate from all impervious surfaces anticipated to be on the site
upon final development. The specified amount of runoff from impervious
surfaces shall be disposed of by percolation into the soil, evaporation,
transpiration, or other methods of treatment or handling acceptable to the
County Engineering Department.
B. Group 2 Performance Controls
1. Conservation Space Setbacks
All structures and impervious surfaces shall be setback from the
conservation space, if any, whether the space is located on the parcel or
on an adjacent parcel, a distance of at least 75 feet.
2. Retention of Runoff
In addition to designing the site to control stormwater from a ten-year
storm, on-site retention or percolation areas shall be required for the
entire parcel sufficient to control, at a minimum, the first 0.75 inch of
runoff that will originate from all impervious surfaces anticipated to be on
the site upon final development. The specified amount of runoff from
impervious surfaces shall be disposed of by percolation into the soil,
evaporation, transpiration, or other methods of treatment or handling
acceptable to the County Engineering Department.
C. Group 3 Performance Controls
1. Conservation Space Setbacks
All structures and impervious surfaces shall be setback from the
conservation space, if any, whether the space is located on the parcel or
on an adjacent parcel, a distance of at least 50 feet.
2. Retention of Runoff
In addition to designing the site to control stormwater from a ten-year
storm, on-site retention or percolation areas shall be required for the
entire parcel sufficient to control, at a minimum, the first 0.5 inch of runoff
that will originate from all impervious surfaces anticipated to be on the site
upon final development. The specified amount of runoff from impervious
surfaces shall be disposed of by percolation into the soil, evaporation,
transpiration, or other methods of treatment or handling acceptable to the
County Engineering Department.
D. Group 4 Performance Controls
1. Conservation Space Setbacks
All structures and impervious surfaces shall be setback from the
conservation space, if any, whether the space is located on the parcel or
on an adjacent parcel, a distance of at least 25 feet.
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2. Retention of Runoff
In addition to designing the site to control stormwater from a ten-year
storm, on-site retention or percolation areas shall be required for the
entire parcel sufficient to control, at a minimum, the first 0.25 inch of
runoff that will originate from all impervious surfaces anticipated to be on
the site upon final development. The specified amount of runoff from
impervious surfaces shall be disposed of by percolation into the soil,
evaporation, transpiration, or other methods of treatment or handling
acceptable to the County Engineering Department.
5.7.5. VEGETATED BUFFER CONTROLS FOR CONSERVATION
A. Purpose and Intent
1. The establishment of a buffer zone is based upon the stated goals in
Policies 3.10 and 3.11 of the 1999 Wilmington-New Hanover County
Comprehensive Plan. The buffer zones are intended to promote the
comprehensive plan goals of high water quality in the creeks and sounds,
to protect the public health, and to ensure the protection of the natural
resources of New Hanover County.
2. A properly vegetated buffer is essential to filter and biologically process
nutrient rich runoff, animal wastes, and sediment before it enters coastal
creeks, canals, and rivers. Buffers also function to moderate water
temperatures, maintain the desired dissolved oxygen levels in the water,
and stabilize the soils immediately adjoining the stream. In urban
environments, the function of a buffer is especially critical to the balance
of the plant and animal life in fresh and saltwater creeks. Buffers are most
effective when they contain native and naturalized plants appropriate in
size, adaptability (salt tolerance, wind tolerance, etc.) and hardiness for
the area. Plants requiring intensive or routine maintenance should be
avoided in buffer areas.
B. Applicability
The development and improvement of property, including the subdivision of
land, shall be subject to the performance controls in this section (5.7.4) if any
the following conservation resources are associated with the parcel of record
for which the development and improvement are proposed:
1. Salt marsh;
2. Brackish marsh;
3. Freshwater marsh; and
4. Primary nursery area.
C. Buffer Standards
1. Buffers shall extend 35 feet measured horizontally from the edge of the
conservation resource and on a line perpendicular to and landward of the
conversation resource.
2. The plant material in the buffer zone must be either retained in a natural,
minimally disturbed condition, or properly managed in accordance with
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the management standards presented in subsection 5 below. In cases
where vegetation does not exist within the buffer, the County shall require
restoration efforts which include, but are not limited to, replanting of the
buffer zone with plant species as recommended in the "Reference Lists
and Publications for Guidance in the Selection of Vegetated Buffer
Plants".
3. Development activities within the buffer are limited to water dependent
structures, except as otherwise provided in subsections 4 through 6
below, and Section 5.7.3.D, Improvements. Examples of water dependent
structures include docks, piers, boat ramps, shoreline stabilization,
navigation markers and access channels. In order to maintain the
functional value of the buffer, excavation, grading, filing, or ditching is not
permitted except as otherwise provided herein.
4. Passive public recreational facilities such as pervious trails and pathways,
where owned by public entities or homeowners associations, may be
permitted within the buffer.
5. In order to achieve the County goals to preserve, protect and restore
water quality and natural resources, the buffer zone shall be vegetated
and left in a natural, undisturbed condition, or managed in accordance
with the intent of these goals. Management activities compatible with the
intent of these goals include, but are not limited to the following:
a. Shoreline Access Paths
Pathways which provide access to the shoreline are permissible
provided they are a maximum average of six feet in width and follow a
path that minimizes erosion within the buffer zone. Pathways may be
vegetated with grasses and mowed, or may be surfaces such as
crushed stone, shell, or mulch. Elevated wooden walkways and stairs
up to six feet in width may also be used, as long as there is spacing
between boards and elevation of the walkway to provide for light
penetration and rain water to drip through to allow for continued
vegetation growth.
b. View Corridor
Selective tree removal, thinning, and pruning of natural vegetation
within the buffer zone will be allowed to provide for site lines and
vistas of the shoreline. Minimal alteration of the natural vegetation is
preferred.
c. Safety and Welfare
Selective tree removal, thinning, and pruning of natural vegetation
within the buffer zone will be allowed at the discretion of the
landowner for safety and welfare concerns (e.g. removal of damaged
tree in close proximity to a dwelling).
d. Shoreline Erosion Control
For necessary shoreline erosion control projects, trees and woody
vegetation may be removed and the erosion control measure
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employed in a manner which is consistent with the purpose and intent
of this section. Areas cleared for erosion control measures may be
required to be re-vegetated with plant species as recommended in the
"Reference Lists and Publications for Guidance in the Selection of
Vegetated Buffer Plants".
e. Habitat and Species Management
Management of natural vegetation within the buffer zone to enhance
wildlife habitat, and control nuisance and non-native species may be
allowed.
6. Buffers may be encroached by public roads, bridges, and utilities where
no practical alternative exists to avoid encroachment. These structures
should be designed consistent with the purpose and intent of this section.
Section 5.8. Open Space Requirements
5.8.1. GENERAL
All open space may be reserved and offered for dedication to the County for use as
parks, recreation areas, school sites, or for other public purposes. Any space not
offered for dedication to the County shall be shown and designated as private open
space. Such open space shall remain undivided and no lot or unit owner or any
other person shall bring any action for partition or division of any part except as
provided in Chapter 47A (Unit Ownership Act) of the N.C.G.S. Each lot or unit
owner's undivided interest in the use of reasonably maintained open space shall be
preserved through covenants running with the land. Title to such areas shall be
encumbered for the perpetual benefit of the public generally or the private
properties in the development, and all future use shall be consistent with the open
space requirements. Improvements clearly incidental to the purpose of these
provisions may be made within the open space.
5.8.2. ACCESS TO OPEN SPACE
All lots or units created within the development shall have direct access to all open
space and recreational facilities, as provided, by means of dedicated streets or
walkways within the development or by the fact of physical contiguity to other public
lands in common ownership of all residents. The developer shall not place age,
religious, sex, or economic restrictions (other than maintenance assessments)
upon lot or unit owners for the use of the open space. Land which is restricted in
any way for the use, benefit, or enjoyment of a select group within the development
shall not qualify as open space.
5.8.3. OPEN SPACE PROVISIONS
The developer shall file a declaration of covenants and restrictions running with the
land that will govern the open space. If the open space is to be retained by the
developer, the developer shall be responsible for liability insurance, taxes, and the
maintenance of all recreational facilities, and open space. This declaration shall be
submitted prior to final plat approval. If a homeowners’ association or other such
non-profit ownership is established, the declaration shall include but not be limited
to the following:
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A. The homeowners association or the non-profit organization shall be established
before any lots are sold;
B. Membership shall be mandatory for each lot buyer, and successive buyer;
C. The association shall provide for liability insurance, any taxes, and the maintenance
of all grounds and facilities;
D. Any sums levied by the association that remain unpaid shall become a lien upon
the lot owner's property.
Section 5.9. Fire Hydrants
The construction or expansion of any commercial, office, institutional, or industrial project
resulting in at least 25,000 square feet of floor space shall include adequate fire protection
through the provision of at least one fire hydrant, provided the project has a water system
meeting state requirements (see Section 2101 Title 10 - Chapter 10D N.C.A.C.) for fire
hydrants. These hydrants shall be connected with the water system serving the project and shall
be constructed to specifications established by the County Fire Marshall based on NFPA
standards.
Section 5.10. Airport Height Restriction
5.10.1. AUTHORITY
This section is adopted pursuant to the authority conferred by G.S. 63-30--63-37.
5.10.2. FINDINGS
A. It is hereby found that an obstruction has the potential for endangering the lives and
property of users of the Wilmington International Airport, and property or occupants
of land in its vicinity; that an obstruction may affect existing and future instrument
approach minimums of the Wilmington International Airport; and that an obstruction
may reduce the size of areas available for landing, takeoff, and maneuvering of
aircraft, thus tending to destroy or impair the utility of the Wilmington International
Airport and the public investment therein. Accordingly, it is declared:
1. That the creation or establishment of an obstruction has the potential of
being a public nuisance and may injure the region served by the
Wilmington International Airport;
2. That it is necessary in the interest of public health, public safety, and
general welfare that the creation or establishment of obstructions that are
a hazard to air navigation be prevented; and
3. That the prevention of these obstructions should be accomplished, to the
extent legally possible, by the exercise of authority invested in the
County.
B. It is further declared that the prevention of the creation or establishment of hazards
to air navigation; the elimination, removal, alteration, or mitigation, of hazards to air
navigation; or the marking and lighting of obstructions are public purposes for which
a political subdivisions may raise and expend public funds and acquire land or
interests in land.
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5.10.3. JURISDICTION
Pursuant to G.S. 63-31(d), New Hanover County exercises its statutory authority as
owner of the Wilmington International Airport, and in order to protect the
approaches of said airport, the jurisdiction of this section is extended to all areas
depicted on the Wilmington International Airport Height Restriction Map, including
areas within the City of Wilmington, Pender County, and Brunswick County.
5.10.4. NONCONFORMING USES, STRUCTURES, AND TREES
A. The regulations prescribed by this section (5.10) shall not be construed to require
the removal, lowering, or other changes or alteration of any structure or tree not
conforming to the regulations on July 7, 2003, or otherwise interfere with the
continuance of any nonconforming use. Nothing contained herein shall require any
change in the construction, alteration, or intended use of any structure, the
construction or alteration of which was begun prior to July 7, 2003, and is diligently
prosecuted.
B. Notwithstanding the subsection A above, the owner of any existing nonconforming
structure or tree is hereby required to permit the installation, operation, and
maintenance thereon of such markers and lights as shall be deemed necessary by
the airport authority to indicate to the operators of aircraft in the vicinity of the
airport, the presence of such airport obstructions. Such markers and lights shall be
installed, operated, and maintained at the expense of the Board of Commissioners
of New Hanover County, State of North Carolina, or the Federal Aviation
Administration.
C. Notwithstanding any preceding provision of this section, if, by a determination of the
FAA, the encroachment of any tree into regulated airspace is such that providing
markers and lights is insufficient to protect the life and property of the flying public,
New Hanover County shall institute steps to have such trees cut and removed at
the expense of New Hanover County if requested in writing by the Airport Authority.
If unsuccessful in obtaining the cooperation of the parties involved, the Airport
Authority shall petition the County to institute the appropriate legal action as
reasonably necessary, to insure the safety of the flying public in airspace regulated
by this Ordinance.
D. No permit shall be granted that would permit a nonconforming use, structure, or
tree to become a greater hazard to air navigation than it was on the effective date
of this ordinance or any amendments thereto or than it is when the application for a
permit is made.
E. Whenever the New Hanover County Building Inspector determines that a
nonconforming tree or structure has been abandoned or more than 80 percent
damaged, physically deteriorated, or decayed, no permit shall be granted that
would allow such structure or tree to exceed the applicable height limit or otherwise
deviate from the zoning regulations.
5.10.5. VARIANCES
A. Applications for variances from the provisions of this section (5.10), shall be
submitted and reviewed in accordance with Section 10.3.11, Variance – Zoning and
Subdivision.
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B. Any variance granted in accordance with subsection A above, may be so
conditioned as to require the owner of the structure or tree in question to install,
operate, and maintain, at the owner's expense, such markings and lights as may be
deemed advisable to effectuate the purpose of this Ordinance and reasonable in
the circumstances. If deemed proper by the Board of Adjustment, this condition
may be modified to require the owner to permit the New Hanover County Airport
Authority, at its own expense, to install, operate, and maintain the necessary
markings and lights.
5.10.6. AIRPORT ZONES
In order to insure compliance with the provisions of this section, there are hereby
created and established certain zones which include all of the land lying beneath
the approach surfaces, transitional surfaces, horizontal surfaces, and conical
surfaces as they apply to the Wilmington International Airport. Such zones are
shown on the Wilmington International Airport Height Restriction Map consisting of
one sheet, prepared by Talbert & Bright, Inc, and dated July 7, 2003. The map
referred to in this section is on file in the office of the county clerk. An area located
in more than one of the following zones is considered to be only in the zone with
the more restrictive height limitation. The various zones are hereby established and
defined as follows:
A. Precision Instrument Runway Approach Zone - The inner edge of this approach
zone coincides with the width of the primary surface and is 1,000 feet wide. The
approach zone expands outward uniformly to width of 16,000 feet at a horizontal
distance of 50,000 feet from the primary surface. Its centerline is the continuation of
the centerline of the runway.
B. Transitional Zones - The transitional zones are the areas beneath the transitional
surfaces.
C. Horizontal Zone - The horizontal zone is established by swinging arcs of 10,000
feet radii from the center of each end of the primary surface of each runway and
connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal
zone does not include the approach and transitional zones.
D. Conical Zone - The conical zone is established as the area that commences at the
periphery of the horizontal zone and extends outward therefrom a horizontal
distance of 4,000 feet.
5.10.7. AIRPORT ZONE HEIGHT LIMITS
A. General
1. Except as otherwise provided in this section (5.10), no structure shall be
erected, altered or maintained, and no tree shall be allowed to grow in
any zone created by this Ordinance to a height in excess of the applicable
height limit herein established for such zone. Such applicable height
limitations are hereby established for each of the zones in question in
accordance with subsections B through E below.
2. Except as defined in Section 5.10.8, Use Restrictions, nothing in this
section (5.10) shall be construed as prohibiting the construction or
maintenance of any structure, or growth of any tree, to a height of 50 feet
above the surface of the land. Such potential obstructions are to be
Unified Development Ordinance | New Hanover County, NC 5-47
resolved through the purchase of property in easement, or in fee simple.
In addition to the height restrictions imposed by the imaginary surfaces,
no structure or natural growth shall be erected, altered, allowed to grow,
or be maintained within the areas defined in Section IV at such height as
would result in the increase of any minimum flight altitude, vectoring
altitude, ceiling, minimum descent altitude, or landing or take-off visibility
minimum for any category of aircraft as established by the Federal
Aviation Administration (FAA), unless approved by the New Hanover
County Board of Commissioners or staff.
B. Precision Instrument Runway Approach Zone
Slopes 50 feet outward for each foot upward beginning at the end of and at
the same elevation as the primary surface and extending to a horizontal
distance of 10,000 feet along the extended runway centerline; thence slopes
upward 40 feet horizontally for each foot vertically to an additional horizontal
distance of 40,000 feet along the extended runway centerline. This applies to
existing precision instrument Runway 35 and to existing Runways 6, 24, and
17 for a possible future precision instrument status.
Runway 6 Approach 50,000 1,000 16,000 50:1 40:1
Runway 24 Approach 50,000 1,000 16,000 50:1 40:1
Runway 17 Approach 50,000 1,000 16,000 50:1 40:1
Runway 35 Approach 50,000 1,000 16,000 50:1 40:1
C. Transitional Zones
Slope seven feet outward for each foot upward beginning at the sides of and
at the same elevation as the primary surface and the approach surface, and
extending to a height of 150 feet above the airport elevation which is 182 feet
above mean sea level. Where the precision instrument runway approach
zone projects beyond the conical zone, there are established height limits
sloping seven feet outward for each foot upward beginning at the sides of and
at the same elevation as the approach surface, and extending a horizontal
distance of 5,000 feet measured at 90 degree angles to the extended runway
centerline. In addition to the foregoing, there are established height limits
sloping seven feet outward for each foot upward beginning at the sides of and
at the same elevation as the approach surface, and extending to where they
intersect the conical surface.
D. Horizontal Zone
Established at 150 feet above the airport elevation or at a height of 182 feet
above mean sea level.
5-48 New Hanover County, NC | Unified Development Ordinance
E. Conical Zone
Slopes 20 feet outward for each foot upward beginning at the periphery of the
horizontal zone and at 150 feet above the airport elevation and extending to a
height of 350 feet above the airport elevation.
5.10.8. USE RESTRICTIONS
Notwithstanding any other provisions of this section (5.10), no use may be made of
land or water within any zone established by this section in such a manner as to:
A. Create electrical interference with navigational signals or radio communication
between the airport and aircraft;
B. Make it difficult for flyers to distinguish between airport lights and others;
C. Result in glare in the eyes of pilots using the airport;
D. Impair visibility in the vicinity of the airport;
E. Create bird strike hazards; or
F. Otherwise in any way endanger or interfere with the landing, takeoff, or
maneuvering of aircraft intending to use the airport.
Unified Development Ordinance | New Hanover County, NC 6-1
Article 6: Subdivision Design and Improvements
Section 6.1. General Purpose
The purpose of this article is to regulate and control the subdivision of land in the
unincorporated County to promote the public health, safety, and general welfare of County
residents. More specifically, this article is designed to promote the orderly development of New
Hanover County by:
6.1.1. Coordinating the location and construction of streets and highways within proposed
subdivisions with existing or planned streets and highways, and with other public
facilities;
6.1.2. Coordinating the dedication or reservation of rights-of-way or easements for street
and utility purposes;
6.1.3. Facilitating the adequate provision of water, sewerage, parks, schools, and
playgrounds;
6.1.4. Facilitating the further re-subdivision of larger tracts into smaller parcels of land;
and
6.1.5. Distributing population and traffic so as to avoid congestion and overcrowding
which will create conditions essential to public health, safety, and the general
welfare.
Section 6.2. Design Standards
6.2.1. GENERAL PROVISIONS
Any land area subject to the standards of this article determined by the County
Commissioners to be unsuitable for residential occupancy shall be prohibited for
subdivision development. The County Commissioners in making their determination
shall be guided by an analysis of available data on topography, soils, flood plains,
drainage, and ground and surface water.
The standards and requirements of this Article may be modified by the Planning
Board in the case of a plan and program for a group, cluster, or planned unit
development, which, in the judgment of the Planning Board provides adequate
public spaces and improvements for circulation, recreation, light, air, and service
needs of the tract when fully developed and populated, and which also provides
such covenants or other legal provisions as will assure conformity to and
achievement of the Land Development Plan.
6.2.2. SPECIFIC STANDARDS
A. Minimum Requirements
All subdivisions shall comply with the following standards.
1. Alleys
Alleys are permitted in residential districts if the TRC determines special
conditions warrant a secondary means of access. Design standards for
6-2 New Hanover County, NC | Unified Development Ordinance
alleys that are permitted shall be consistent with those recommended by
the North Carolina Department of Transportation, Division of Highways
(NCDOT).
2. Blocks
Blocks within all subdivisions shall comply with the following standards.
a. General
The lengths, widths and shapes of blocks shall be determined with
regard to provision of adequate building sites suitable to the special
needs of the type of use contemplated; the dimensional standards in
the district related to lot sizes and dimensions; needs for vehicular
and pedestrian circulation, control and safety of street traffic;
limitations and opportunities of topography; and convenient access to
public recreational areas.
b. Block Length
Blocks shall not exceed 1,000 feet in length.
c. Block Width
Blocks shall have sufficient width to allow two tiers of lots of minimum
depth, except where single tier lots are required to separate
residential development from through vehicular traffic, to separate the
lots from another type of use, to provide for uncongested traffic flow,
to allow for unusual topographic conditions or in instances where the
lots are adjacent to subdivision perimeter property lines.
d. Pedestrian Access
Where deemed necessary by the TRC, a pedestrian access at least
15 feet in width may be required through a block or connecting streets
or cul-de-sacs to provide convenient public access to a public or
common area such as a park, open space area, school or a water
area.
3. Buffer Easements
a. The County may require an easement as much as 50 feet in depth, in
addition to the normal lot depth, for subdivisions adjacent to railroads,
major streets, highways, or thoroughfares, and between various types
of developments. This easement shall be part of the platted lots, but
shall have the following restriction notice on the face of the plat:
This easement is established for the purpose of the
planting of trees or other types of vegetation or the
preservation of existing vegetation; the erection of
structures on the easement and through access by
motorized vehicles is prohibited.
b. Buffers shall comply with Section 5.4, Landscaping and Buffering.
Unified Development Ordinance | New Hanover County, NC 6-3
4. Building Setback
The minimum building setback or the distance between the street right-of-
way and the building line shall not be less than that established in the
dimensional standards for the district in which the subdivision is located.
Proposed building setbacks shall be measured from the most restrictive
right-of-way line as determined by the dedication or reservation of such
right-of-way.
5. Easements
Easements shall comply with the following standards:
a. Storm Sewer, Sanitary Sewer, or Water Main Utility Easements
1. Utility easements for storm sewers, sanitary sewers, or water
mains shall be separate and distinct from any building area on a
lot, and shall be separate from the lot or located along the lot line,
or entirely on a lot, as determined by the Cape Fear Public Utility
Authority and the County Engineer.
2. Easements up to 30 feet or more in width are required for gravity
sewer lines.
3. Easements of not less than 15 feet are required for water lines,
other underground and above ground public utilities, or for piped
drainage facilities.
4. Shallow swale easements along the perimeter of lots may be less
than 30 feet if they are determined safe and adequate by the
County Engineer.
b. Drainage Easements
Where a subdivision is traversed by a watercourse or drainage way,
an easement shall be indicated on all plats of the subdivision. The
easement shall conform substantially with the lines of the
watercourses or drainage ways and shall be of sufficient width for
maintenance purposes, as determined by the County Engineer. The
County Engineer may require the subdivider to convey easements to
the County providing access to and along watercourses or drainage
ways traversing the subdivision for the purpose of maintaining such
watercourses or drainage ways. (3/03)
c. Electrical and Communication Utility Easements
Electrical and communication utility easements may be required along
perimeter lot lines for underground or aboveground public or private
utilities. The width of such easements shall be based upon the type of
utility installed as required by the design specifications and the area
required for adequate maintenance of the utilities. It is recommended
that electric power and communications services be placed
underground.
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d. Deeds of Easements
1. Easements to be dedicated to the County for the operation, use,
replacement and maintenance of public open space and public
utilities, including but not limited to water mains, sanitary sewer
mains, stormwater management facilities, and all appurtenances,
together with the means of access to them, shall be dedicated for
the public use by a separate deed of easement. If such
easements are correctly and adequately described on the final
subdivision plat, the easements may be described in a separate
deed of easement by reference to the recorded final plat. The
appropriate governing body shall ascertain that the easements are
correctly and adequately described on the final plat.
2. The deed of easement shall be in the format as determined and
approved by the County Attorney. All utilities, appurtenances, and
facilities within the easement to be dedicated shall be constructed
to the specifications of the County, and shall remain the property
of the subdivider until officially accepted for operation, use. and
maintenance as part of the County’s system. Official acceptance
shall be by resolution of the Board of County Commission. The
deed of easement shall be recorded with the Office of the Register
of Deeds.
6. Lots
Lots shall be laid out as follows:
a. A lot’s size, and its shape and location on a site shall respect the
natural features of the site, including but not limited to topographic
conditions, waterways, wetlands, contemplated use, and the
surrounding area.
b. Lots in subdivisions shall comply with the dimensional standards and
other regulations and requirements of the zoning district win which
they are located.
c. Corner lots for commercial development shall have width sufficient to
permit adequate building setback from side streets or driveways.
d. Double frontage or reverse frontage lots shall be avoided, to the
maximum extent practicable.
e. Side lot lines shall be substantially at right angles or radial to street
lines. Where side lot lines intersect at the rear of the lot, the angle of
intersection should not be less than 60 degrees.
f. Lots shall not have a depth greater than four times their mean width.
g. Each lot in a subdivision shall individually abut or be adjacent to an
approved public or approved private street or private access
easement. Condominium and townhouse-style subdivisions may be
exempted from this requirement at the discretion of the TRC, provided
that in all cases each individual lot shall be assured safe and
reasonable vehicular access to and from an approved street.
Unified Development Ordinance | New Hanover County, NC 6-5
h. Every conventional residential lot shall front a public or private street
or access easement for a distance of at least 34 feet.
7. Streets
a. Local streets shall be laid out so that their use by through traffic will be
discouraged.
b. All streets shall be designated by the subdivider to be either public or
private in accordance with North Carolina General Statute 136-102.6.
The streets shall comply with the requirements of the N.C.G.S. The
subdivider shall submit concurrently with the final plat all disclosure
statements required by the General Statute.
c. When a planned subdivision is adjacent to an arterial, a marginal
access street may be required to provide access for lots fronting on
the arterial.
d. All streets that are in alignment with other existing and named streets
shall bear the existing street name. Names of proposed streets or
subdivisions shall not duplicate or be phonetically similar to existing
street names. No proper names can be used. It shall be the
responsibility of the subdivider to erect official street name signs at all
intersections associated with the subdivision in accordance with the
Addressing Standards and Procedures Manual. The subdivider may
acquire and erect official street name signs or may choose to contract
with the County to install the street signs, which shall be paid for by
the subdivider.
e. Access to Adjacent Properties
The arrangement of streets in subdivisions shall make provisions for
the continuation of existing streets in adjoining areas, or their proper
projection where adjoining land is not subdivided and where they may
be deemed necessary for public requirements. For large subdivisions
adjacent to large tracts of unsubdivided property, street projections
shall be required into the adjacent unsubdivided tracts at a maximum
distance of every 1000 feet. The street arrangement shall be such as
not to cause a hardship to owners of adjoining property when
developed and when they seek to provide for convenient access
thereto. The use of residential strips of land in order to prevent the
extension of proposed or existing streets or access thereto is
prohibited.
f. Alignment with Thoroughfares
1. When any portion of a proposed major thoroughfare of the urban
area runs through or is associated with the tract of land to be
subdivided, the pattern of streets within the proposed subdivision
shall be in accordance with the proposed alignment of corridors or
rights-of-way of said official thoroughfare plan. Such rights-of-way
as required by the appropriate governing agency shall be shown
on all plats, preliminary and final.
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2. When any portion of a major or minor thoroughfare that is shown
on the Wilmington Urban Area Thoroughfare Plan, as amended,
runs through or is associated with the land to be subdivided, the
subdivider shall design the street network and shall dedicate the
maximum right-of-way width required by NCDOT. The subdivider
shall also reserve any additional right-of-way as shown in the
Thoroughfare Plan. No buildings or structures shall be
constructed the reserved right-of-way area. Such reservations
shall expire 24 months from the date of recordation of the final
subdivision plan, unless the right-of-way is acquired by a public
agency.
3. When any portion of a proposed major or minor thoroughfare
shown on the Wilmington Urban Area Thoroughfare Plan runs
through the tract of land to be subdivided, both the preliminary
plan and final plat for the subdivision shall disclose the presence
of the planned thoroughfare by including a note on the plat stating,
“This subdivision crosses a proposed thoroughfare right-of-way;
present status should be confirmed with the NC Department of
Transportation.”
g. Street Connectivity Standards
1. Interconnected street systems promote orderly and safe
development by ensuring that streets function in an independent
manner to provide adequate access for emergency and service
vehicles and enhance access by ensuring continuous and
connected transportation routes.
2. All proposed streets shall be continuous and connect to existing or
platted streets without offset with the exception of cul-de-sacs, as
permitted, and except as provided below.
3. The street network for any subdivision shall achieve a connectivity
ratio of not less than 1.40. The connectivity ratio shall be defined
as the number of street links divided by the number of nodes,
including cul-de-sac heads or other vehicle turnarounds. A "node"
refers to the terminus of a street or the intersection of two (2) or
more. Any curve or bend of a street that has a minimum centerline
radius of 100 feet or more shall not be considered a node.
Roundabouts also shall not be counted as nodes. A divided
entrance is one node.
Unified Development Ordinance | New Hanover County, NC 6-7
4. A link shall be any portion of a street,
other than an alley, defined by a node
at either end. Street projections to
adjacent properties shall be
considered links. For the purpose of
determining the number of links in a
development, boulevards, median-
divided roadways, and divided
entrances shall be treated the same
as conventional two-way roadways.
Street links and nodes along a
collector or arterial street providing
access to a proposed subdivision
shall not be considered in computing
the connectivity ratio.
5. Residential streets shall be designed
to minimize the block length of local streets, to provide safe
access to residences with minimal need for steep driveways and
to maintain connectivity between and through residential
neighborhoods for autos and pedestrians.
6. Where necessary to provide access or to permit the reasonable
future subdivision of adjacent land, rights-of-way and
improvements shall be extended to the boundary of the
development. A temporary turnaround may be required where the
dead end exceeds 500 feet in length. The platting of partial width
rights-of-way shall be prohibited, except where the remainder of
the necessary right-of-way has already been platted, dedicated, or
established by other means.
7. New subdivisions may be exempt from the connectivity ratio
standard as set forth in this section, provided the Planning
Director determines there is no option for providing stub streets or
connectivity due to existing documented environmental features
such as wetlands or natural water bodies or existing adjacent
developed property.
h. Intersections
Street intersections shall be laid out as follows:
1. Streets shall intersect as nearly as possible at right angle and no
street shall intersect at less than seventy-five (75) degrees.
2. Intersections with a major street shall be at least 800 feet apart,
measured from centerline to centerline.
3. Where a public or private street intersects a U.S. or N.C.
numbered highway, or a N.C. secondary road, the intersection
design shall be in accordance with the standards of the N. C.
Department of Transportation, Division of Highways.
4. Street jogs with centerline offsets of less than 200 feet are
prohibited.
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i. Cul-de-sacs
A street designed to be permanently closed at one end shall have a
permanent turnaround at the closed end, the right-of-way and
pavement of which comply with the requirements specified by
NCDOT. Cul-de-sacs shall not be longer than 500 feet. Longer cul-de-
sacs may be authorized provided the Planning Director determines
there is no option for providing stub streets or connectivity due to
existing documented environmental features such as wetlands,
natural water bodies, topographical features, environmental conditions
or physical conditions such as property shape, property accessibility,
or land use relationships.
j. Public Street Projections
1. Where there are lots fronting street projections to adjacent
properties and services are required, a temporary turnaround that
complies with NCDOT specifications shall be constructed at the
end of the street at the property line.
2. Where there are no lots fronting street projections to adjacent
properties frontage, the frontage being more or less one side lot
length, the street (that complies with NCDOT specifications) may
be constructed to the property line and dead-ended with no cul-
de-sac.
3. In any and all cases, the developer shall be responsible for the
cost of and placement of all required dead-end barricades and
signs.
4. Additional rights-of-way needed for a temporary turnaround at the
end of a street projection to adjacent properties shall be in the
form of temporary easements or rights-of-way reserved by the
subdivider. Upon extension of the street into the adjacent
property, the requirement for a cul-de-sac shall cease and the
temporary right-of-way granted for the cul-de-sac construction will
revert to the adjacent property owner.
5. Street projections proposed for access to adjacent properties shall
have temporary turnarounds installed in accordance with this
article and NCDOT specifications.
k. Temporary Vehicle Turnarounds
1. In phasing the construction of street improvements within
approved subdivisions, the developer shall make provision for
vehicle turnarounds at the end of street construction for each
phase.
2. If the street end of a particular planned phase of development is
within a distance of 250 linear feet, more or less, from the next
planned intersection in a succeeding phase, the developer shall
construct the street to, and complete all improvements within, the
intersection in accordance with requirements for completed
Unified Development Ordinance | New Hanover County, NC 6-9
intersections, including barricades, as specified by NCDOT. The
completed intersection shall then serve as a vehicular turnaround.
l. When a lot or lots within a subdivision abut an existing public street,
highway, or thoroughfare, the subdivider shall be responsible for the
installation of all improvements to that portion adjacent to and which is
to be utilized by that subdivision.
m. Traffic Calming During Preliminary Site Plan Review
In some cases, the inclusion of traffic calming devices in subdivision
design is justified to promote speed limit compliance with posted
speed limits and for up-holding the long-term operational safety of
residential subdivision streets. Only traffic calming devices recognized
by the Institute of Transportation Engineers (ITE) and/or other
nationally recognized traffic engineering guidelines, with provisions to
minimize impacts on bicyclists, pedestrians, and emergency response
time shall be considered by the TRC for approval during the
Preliminary Site Plan Review.
n. Traffic Calming on Existing Public Streets
Petitions for traffic calming devices on existing publicly designated
streets shall be considered by the NCDOT as referenced in NCGS
136-102.8.
o. Traffic Calming on Existing Private Streets
No traffic calming devices shall be installed by a property owners
association (POA) / homeowners association (HOA) until the following
review process is complete:
1. The review process for installing traffic calming devices on
existing private streets may be initiated by contacting the Planning
and Inspections Department to obtain a copy of the most current
Traffic Calming Petition Form and other associated informational
materials. Petitioners must first obtain signatures from at least 70
percent of parcel owners within the affected area to demonstrate
neighborhood support for traffic calming devices. The affected
area will be determined by a scoping process involving the
petitioner, a representation from the Planning and Inspections
Department, County Fire Services office, County Engineering, and
the Wilmington Urban Area Metropolitan Planning Organization
(WMPO) prior to petition submittal. Only one signature per parcel
is counted to determine 70 percent concurrence. County staff will
verify that signatures match current tax records. If the required
signatures are not obtained within 90 days, the petition will not
move forward. If the signatures are determined to be valid, a letter
from the Planning and Inspections Department will be sent to the
petition contact describing the minimum application requirements
to move forward with the review process.
2. To qualify for review, an application demonstrating the following
shall be provided by the petitioner to the Planning and Inspections
Department:
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i. The road is privately owned and maintained with a functional
classification of local road or neighborhood collector;
ii. The roadway is “primarily residential”, with at least 75 percent
of the properties fronting on the street being located in a
Residential zoning district and/or residential land uses;
iii. Fifteen (15) percent of present day traffic exceeds 30 mph;
iv. Traffic volumes on the affected street must be less than 4,000
vehicles per day;
v. The street is not a primary route for emergency response;
vi. An active property owners association, as prescribed in
Section 6.3.4, Property Owners’ Association (POA), exists to
install and maintain traffic calming devices;
vii. A previous traffic calming device application has not been
denied for the affected area within the last 12 months;
viii. Concurrence from a detailed engineering study that the traffic
calming devices are warranted and feasible to implement
within the affected area.
3. As a fundamental component of a complete traffic calming
application, the following criteria must be certified by a
professional legally recognized by a State of North Carolina
licensing board as licensed to perform such activities or
undertakings.
i. Roadway characteristics including alignment, grade, sight
distance, intersection spacing, driveway location, edge
treatments (curbing, shoulders, etc.), signage, pavement
markings and on-street parking;
ii. Vehicle characteristics of existing traffic (based on a three-
day vehicle classification study);
iii. Traffic speed and volume data (based on a three-day speed
and volume study);
iv. Three-year crash history;
v. Recommended traffic calming devices including typical details
(Recommended devices shall follow ITE and/or other
nationally recognized traffic engineering guidelines, with
provisions to minimize adverse impacts on bicycle, pedestrian
safety, and emergency response);
vi. A conceptual plan demonstrating the proposed location of
traffic calming devices and associated advanced warning
signage/pavement markings (as required by the most recent
version of the Manual on Uniform Traffic Control Devices);
vii. A recommended implementation schedule and preliminary
line-item cost estimates.
Unified Development Ordinance | New Hanover County, NC 6-11
4. Upon submittal of a completed application to the Planning and
Inspections Department, the request will be considered by the
TRC at their next regularly scheduled meeting. The TRC has the
authority to reject an application based on engineering judgment,
an absence of documented need and/or concerns with adverse
impacts on emergency response, as well as bicycle and
pedestrian safety. If approved by the TRC, the petitioner may
initiate the final approval process by submitting the following
information to the Planning and Inspections Department:
i. Final construction plans and details sealed by a professional
legally recognized by a State of North Carolina licensing
board as licensed to perform such activities and undertakings,
ii. Final implementation schedule and line item cost estimates
(with associated contingency); and
iii. A surety in the form of a certified check and in accordance
with Section 6.3.2, Guarantees of Improvements, to
guarantee the installation of the traffic calming devices.
5. Petitioners(s) may appeal the Technical Review Committee denial
of an application for a Preliminary Plan in accordance with Section
10.3.14, Appeal of Administrative Decision.
8. Street Trees
Except for trees in islands within dedicated rights-of-way, if street trees
are planted, they shall be planted inside the property lines where they are
less subject to injury, decrease the chance of accidents, and enjoy more
favorable conditions for growth.
9. Subdivision Names
Subdivision names shall not duplicate or be phonetically similar to
existing development or subdivision names within the County, except
where they are additions to existing developments.
10. Evacuation Access Design
Roads within the subdivision shall be designed to provide sufficient
capacity for safe and timely evacuation of residents in case of a hurricane
if the subdivision or parts of it are located in a V-zone. Factors involved in
determining the safety and timeliness of evacuation include the presence
of low points, bridges, or other evacuation route bottlenecks, and vehicle
capacities of the roads.
11. Barrier, Riverine and Estuarine Islands
Subdivisions that are located on riverine, estuarine, or barrier islands that
are not connected to the mainland by a permanent network of roads and
bridges shall establish a community boating facility on the island and on
the mainland with the number of spaces in each facility being equal to or
greater than the total number of lots.
6-12 New Hanover County, NC | Unified Development Ordinance
12. Waterfront Access
Subdivisions that are located on riverine, estuarine, or barrier islands with
lots containing beach front or sound front property shall dedicate sufficient
property to ensure public access to the beach and sound. Such access
shall not be less than 10 percent of the beach frontage and 5 percent of
the sound frontage, and shall be spaced at intervals of no more than 1000
feet. Access ways shall not be less than 15 feet in width. These facilities
shall be approved by and dedicated to New Hanover County or the State
of North Carolina, and shall be directly accessible to a public road.
Dedicated streets which run to the mean high water line may count
toward meeting these requirements.
13. Transit Facilities
Transit system facilities (to include turnout lanes, shelters, signs, and
markings), as designated by the County, may be constructed, provided,
and installed in accordance with Technical Standards and Specifications,
and acceptable traffic engineering specifications and standards.
14. Reservation of Sites for Public Facilities
To ensure orderly development of the County in accordance with the
general principles set forth in the Comprehensive Plan, it is
recommended that the subdivider reserve open spaces for such public
purpose as parks, playgrounds, schools, and fire stations, and to provide
the County an opportunity to buy this land at the fair market value for a
period of 6 months from the date of submission of the preliminary plan.
Section 6.3. Improvements
6.3.1. IN GENERAL
A. Following approval of the preliminary plan, the sub-divider shall submit to the
County Engineer and other appropriate state and local agencies design and
construction plans for the installation of the improvements as required by this
Ordinance and other specifications and policies of the County (see Section
10.3.7.D.2, Construction Plans Procedure).
B. Improvements within all subdivisions shall be installed and designed in accordance
with the standards of this article and such other technical standards and
specifications as have been adopted by New Hanover County or other entities with
responsibility for providing facilities and services. Whenever topographic or other
physical conditions of the site require more stringent engineering practices or
standards, such standards and practices shall be utilized and followed in the design
of a subdivision.
1. Access
All public agencies shall have access to the premises and structures of a
subdivision under this article, during reasonable hours, to make those
inspections deemed necessary by them to ensure compliance with the
provisions of this article.
Unified Development Ordinance | New Hanover County, NC 6-13
2. Inspection
Prior to commencing any work within the subdivision the subdivider shall
make arrangements with the Planning Director to provide for adequate
inspection of the improvements.
3. Erosion Control and Stormwater Management
The subdivider shall cause all grading, excavations, open cuts, side
slopes, and other land surface disturbances to be mulched, seeded,
sodded, or otherwise protected to comply with the approved
Sedimentation and Erosion Control Plan for the site.
4. Water Quality Improvement
The subdivider shall pursue an approved plan for the control and
improvement of surface water originating from rainfall running from
impervious surfaces created within the development. Such works, which
may consist of vegetated swales and retention structures, may be
designed in concert with those facilities required under the approved
Sediment and Erosion Control Plan, and in accordance with the Storm
Water Design Manual and Specifications.
5. Existing Flora
The subdivider shall make every effort practically possible to protect and
retain all existing vegetation not actually living in public roadways,
building foundation sites, private driveways, paths, and trails. Existing
trees shall be identified as prescribed in Section 5.4, Landscaping and
Buffering, and shall be protected and preserved during construction in
accordance with sound conservation practices. Temporary vegetation and
mulching shall be used to protect critical areas, and permanent vegetation
shall be installed as soon as practical.
6.3.2. GUARANTEES OF IMPROVEMENTS
Final plats of a subdivision shall be approved by the Planning and Inspections
Department after the subdivider has complied with one of the following
requirements:
A. The subdivider has installed all required improvements in accordance with the
provisions of this Ordinance; or
B. Except in the case of Minor Subdivisions, the subdivider of an approved preliminary
project in which the total cost of required improvements and administration does not
exceed $8,000,000.00 (the “Surety Limit”), provides a financial guarantee in-lieu of
constructing improvements. The surety limits stated in this section shall be adjusted
periodically in accordance with an appropriate established index approved by the
County Attorney.
1. The financial guarantee shall take one of the following forms, at the
election of the subdivider:
a. A surety bond issued by any company authorized to do business in
North Carolina;
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b. A letter of credit issued by any financial institution licensed to do
business in North Carolina; or
c. Another form of guarantee that provides equivalent security to a
surety bond or letter of credit.
2. A financial guarantee may be deposited in escrow with an escrow agent
acceptable to the County, provided the subdivider shall file with the
County Engineer an agreement between the escrow agent and the
subdivider guaranteeing the following:
a. The escrow account shall be held in trust until released by the County
and shall not be used or pledged by the subdivider in any other matter
during the term of escrow; and
b. If the subdivider fails to complete the required improvements, the
escrow agent shall, upon notification by the County and submission
by the County to the escrow agent of an engineer’s estimate of the
amount needed to complete the required improvements, immediately
either pay to the County the funds estimated to complete the required
improvements, up to the full balance of the escrow account, or deliver
to the County any other instruments fully endorsed or otherwise made
payable in full to the County.
3. The amount of the financial guarantee shall not exceed 125 percent of the
reasonably estimated cost of completion at the time the guarantee is
issued. Any extension of the financial guarantee necessary to complete
required improvements shall not exceed 125 percent of the reasonably
estimated cost of completion of the remaining incomplete improvements
still outstanding at the time the extension is obtained.
4. Conditions and stipulations to plat approval under this section are as
follows:
a. The subdivider shall furnish a bona-fide estimate of the required
improvements for verification by the County Engineer. Upon the
County Engineer’s determination that the estimate furnished is
reasonable, the subdivider shall deposit with the County the surety
bond, letter of credit, or other guarantee, as applicable, in the amount
of the estimate determined reasonable by the County Engineer.
b. In the event the subdivider obtains a surety bond or letter of credit as
its form of financial guarantee, such financial guarantee shall be
issued by a company authorized to do business in North Carolina.
c. Financial guarantees in the form of a surety bond, letter of credit, or
cash security may be reduced by the County Engineer if a portion of
the required improvements have been installed, inspected, and
approved. An addendum or amendment to the original surety bond or
letter of credit shall be required.
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6.3.3. REQUIRED IMPROVEMENTS
A. Permanent Monuments
Unless previously existing, a minimum of two permanent control monuments
of stone or concrete shall be placed at the point of intersection on the
centerline of intersecting public or private street rights-of-way or at the point
of intersection of the tangents of curves when such point lies within the
pavement of the proposed street. Otherwise, monuments may be placed on
the centerline at the points of curvature and at the points of tangency of
curves which are to be dedicated for street purposes. A table of dimensions,
or dimension between control monuments, shall be shown on the map. Metal
castings or access boxes for the control monuments mentioned above shall
be placed in the pavement prior to release of final sureties for road
construction or final approval of road construction. (Reference N.C.G.S. 39-
32.1)
1. Such monuments shall be set a minimum of nine inches below the
finished grade of the pavement. A metal casting of approved type will be
mounted over the monument with its base flange mounted on a brick
foundation with mortar joints of at least two course thickness, the top of
which must be a minimum of one and three-quarters inches higher than
the highest point of the monument. Permanent monuments shall be at
least 30 inches in length, six inches in diameter, and shall have a metal
pin or punch-marked metal plate embedded therein marking the point
represented on the final plat.
2. In addition to the two required Control Monuments, a control point (i.e.
railroad spike, P.K. nail, iron rod, rebar, etc.) shall be set at all other
centerline intersections, point of curvature, and points of tangency prior to
recordation. In the event that these points are destroyed during initial
project construction, it shall be the developer’s responsibility to have said
points replaced in their original horizontal position.
B. Lot Corners
All lot corners, other than those marked by permanent monuments as herein
described, shall be marked by metal stakes not less than three-quarter
inches in diameter, no less than two and one-half feet in length.
C. Sewage Disposal and Water Supply
1. Water Supply
All subdivisions shall be connected to the water system of the applicable
local governmental entity in order to provide water to every lot within the
subdivision. Mains shall be constructed in accordance with established
standards and policies. Water connections shall be constructed under the
supervision and approval of the CFPUA. If a connection cannot be made
to the public water system/CFPUA water system, the subdivider shall
submit to the County along with the Preliminary Plan, a letter of approval
of water supply signed by the appropriate authority. The subdivider shall
install these facilities in accordance with the approved plans. Water
distribution systems shall be installed in all new subdivisions.
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2. Sewer Collection
All subdivisions shall connect to the sewerage system of the County in
order to provide sewer service to every lot within the subdivision. Due
consideration shall be given for existing or potential sewer lines for
adjoining property in the design and arrangement of sewer lines for the
proposed subdivision. If a connection cannot be made to the County’s
sewage system, the subdivider shall submit to the appropriate governing
body, along with the Preliminary Plan, a letter of approval of sewage
disposal system signed by the appropriate authority. The subdivider shall
install these facilities in accordance with the approved plans. Sewage
collection systems shall be installed in all new subdivisions.
D. Streets
All streets shall be constructed, inspected, and approved in accordance with
the following requirements.
1. Construction
All street right-of-way segments designated as public or private shall be
constructed to minimum NCDOT standards. These standards are
available for review at the County Planning and Inspections Department,
the County Engineering Department, and at the Division Office of the
NCDOT.
2. Public Streets
a. Standards shall include drainage, bridge, right-of-way, and pavement
design.
b. The classification, and as a result, the construction standards for a
public street segment may be upgraded to a higher classification if
that street segment will eventually be required to provide access to or
collect traffic from future development on adjacent properties.
c. All public streets shall be inspected and approved by the District
Engineer, NCDOT, Division of Highways.
3. Private Streets
a. Streets designated as private shall be constructed to minimum
construction standards as adopted by New Hanover County and
certified by a professional, legally recognized by a State of North
Carolina licensing board, as being licensed to perform such activities
or undertakings.
b. Pavement design shall meet the requirements as specified and shown
in the road profiles depicted in Appendix A: Subdivision Appendices
and Certificates.
c. Streets designated as private may be allowed in subdivisions once
they are reviewed and approved by the TRC. In their review, the TRC
will consider unique physical conditions of the property, including but
not limited to connectivity, topography, geometric design, storm water,
tree preservation, ingress and egress, reduction of speed to desirable
Unified Development Ordinance | New Hanover County, NC 6-17
or safe levels, and other safety measures, and that sufficient language
is provided through a legally established POA that the streets will be
properly maintained.
d. Whenever a private street intersects a U.S. or NC highway, or
Secondary Road, an approved NCDOT Driveway Permit signed by
the District Engineer is required prior to final plat approval.
e. Private road stubs and dead end streets shall be constructed/paved to
the property boundary, and shall not contain gates or obstructions to
qualify for connectivity standards as stated in Section 6.2.2.A.7.g.6.
f. Streets designed as collector roads that accept traffic from local
streets shall be required to be designated as public, and adhere to the
standards under public streets, as noted above. (see Table for Private
Road ROW Specifications, General Standards, and Road Profiles
located in Appendix A: Subdivision Appendices and Certificates).
E. Surface Water Drainage
All drainage construction within the area of the proposed subdivision shall be
reviewed by the County Engineer for conformance with the County’s
Stormwater Management Ordinance and the Storm Water Management
Design Manual. Sufficient calculations shall be included with the preliminary
plan to review hydraulic computations. The subdivider shall do all grading and
install all drainage structures shown on the construction plans for the area
specified by the final plat.
1. Wetlands, natural depressions, and areas of good draining soils shall be
used in the development of drainage plans, if they exist.
2. Discharge of runoff from impervious surfaces directly into natural water
bodies shall not be allowed. Runoff shall be routed along vegetated
swales, through filter media of vegetation, gravel, sand, or other media, or
to detention ponds for the purpose of increasing percolation and settling
and filtering out non-point pollutants.
F. Street Name Signs
The sub-divider shall be responsible for erecting street name signs at all
intersections within the subdivision. Signs on public streets shall conform with
existing NCDOT regulations.
G. Recreation Space
Every subdivider of land for residential purposes shall dedicate a portion of
such land, as set forth herein, for the purpose of providing active and passive
recreation areas to serve the residents of the immediate neighborhood within
the subdivision.
1. Recreation Areas Can Be Defined By Active Or Passive Recreation As
Follows:
a. Active recreation consists of areas such as park land chosen without
regard to natural features for the explicit purposes of enhancing
design, such as village commons, or providing space for outdoor
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recreation activities which may include, but not be limited to, tennis
courts, ball fields, swimming pools, and tot lots with play equipment.
b. Passive recreation areas must consist of undisturbed, unique, and
sensitive natural features when available, that may include streams,
floodplains, wetlands (excluding tidal marsh), conservation resources,
and natural heritage areas if identified. These natural spaces will be
characterized by undisturbed soils and natural vegetative cover for
wildlife habitat. Passive recreation areas may become part of
designated County greenways. Amenities such as walking paths,
piers, picnic areas, and other passive recreational uses will be
allowed, if there is minimal disturbance of the vegetation.
2. Required Recreation Areas
All new residential subdivisions shall provide recreation space in the
amount of 0.03 acres per dwelling unit within the subdivision. Fifty (50)
percent of the required recreation area shall be designated for passive
recreation and 50 percent of the required recreation area shall be
designated for active recreation.
3. Recreation space areas shall be of such minimum dimensions as to be
functionally usable and maintainable. Residential subdivisions in which
the amount of required recreational space area does not exceed 10,000
square feet, shall be exempt from providing such space if the Board
determines that:
a. The recreation space area cannot be combined with such areas
serving adjacent property to form a functionally usable and
maintainable area recreation space area; or
b. The recreation needs of the development can be adequately met by
existing or planned County-owned park, recreation, or open space
areas located close enough to such development to reasonably serve
its residents. In determining the size of a subdivision for the purposes
of this subsection, the County shall consider the entire project
developed on a single tract or contiguous multiple tracks under
common ownership, regardless of whether the subdivision is
constructed in phases or stages. The developer of any subdivision
that is exempt from providing on-site recreation or open space shall
pay a fee to the County in-lieu of the dedication of land, to be used by
the County to acquire recreation areas serving the development within
the immediate area of the subdivision. Such in-lieu fee shall be
determined and paid as provided in Section 6.3.3.G.4.n, Payments In-
Lieu of Dedication.
4. Standards for Park, Recreation, and Open Space Areas
Except as otherwise approved by the County Commission, all park,
recreation, and open space areas shall comply with the following criteria:
a. Unity
The dedicated land shall form a single parcel of land, whether or not
the subdivision is developed in phases or sections, except where it is
Unified Development Ordinance | New Hanover County, NC 6-19
determined by the County Commission, that two or more parcels
would be in the best interests of the residents of the subdivision and
the public. In such case, the appropriate governing body may require
that such parcels be connected.
b. Usability
At least one-half of the required recreation space area land that is
dedicated, must be (1) located outside of wetland areas under the
jurisdiction of, federal and state regulatory agencies, and (2) be
usable for active recreation. Areas set-aside to meet the Conservation
Resources requirements (Section 5.7, Conservation Resources) can
only be credited for one-half of the area used for passive recreation
land. Tidal marshes cannot be counted to satisfy the recreation space
area requirements.
c. Shape
The portion of dedicated land to be used for active recreation shall be
of a shape that can be usable for active recreational facilities, ncluding
but not limited to: tennis courts, racquetball courts, swimming pools,
exercise rooms, clubhouses, athletic fields, basketball courts, swings,
slides, and play apparatus.
d. Greenways
If the recreation space area is a greenway, the land shall be a
continuous linear parcel through the subdivision that is at least 30 feet
in width.
e. Location
The dedicated land shall be located so that it can reasonably serve
the recreation and open space needs of residents of the immediate
neighborhood within the subdivision for which the land dedication is
made, and can be combined with an adjacent park.
f. Access
All dwelling units in the subdivision shall have free, easy, and
convenient ingress and egress to and from the park, recreation and
open space areas provided within the subdivision by means of
improved streets or dedicated walkways. Rights-of-way for such
access shall be shown on the preliminary plans and final plats.
g. Topography
The average slope of the portion of dedicated land deemed usable for
active recreation shall not exceed the average slope of the entire
subdivision to be developed, and in no case shall the slope of the land
dedicated be greater than 15 percent.
h. Required Stormwater Detention/Retention Facilities
Required stormwater detention/retention facilities shall not be
accepted to fulfill the requirements set forth by this section. Amenities,
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such as walking paths, piers, picnic areas, and other passive
recreational space that are associated with stormwater management
facilities (i.e. wet ponds) shall receive credit towards the calculation of
recreation area lands if such amenities associated with stormwater
management facilities are designed according to the standards
specified in the Technical Manual to meet this requirement. (See
Technical Manual for criteria).
i. Landscaping
Park, recreation, and open space areas shall be landscaped and shall
be provided with sufficient natural or manmade screening or buffer
areas to minimize any negative impacts upon adjacent dwelling units.
j. Encroachments
The park, recreation, and open space areas required by this section
shall exclude roadways, parking areas, and other accessory uses,
except recreational facilities.
k. Consistency with Master Parks Plan
If any portion of any subdivision proposed for residential development
lies within an area designated on the officially adopted master parks
plan as a park, such area shall be included as part of the area set-
aside to satisfy the requirements of this section. This area shall be
dedicated to public use.
l. Recreational Facilities
The County may require the installation of recreational facilities after
considering (i) the character of the park, recreation, and open space
area; (ii) the estimated age and the recreation needs of persons likely
to reside in the subdivision; (iii) the proximity, nature, and excess
capacity of existing County recreational facilities; and (iv) the cost of
the recreational facilities.
m. Procedure for Dedication of Land
1. Designation of Land to Be Dedicated
Subdividers shall designate on the preliminary subdivision plan,
the area or areas to be dedicated pursuant to this section.
2. Review of Land to Be Dedicated
Upon receipt of the preliminary subdivision plan, the Planning
Director shall submit a copy to the appropriate agencies for
review. The appropriate agencies shall submit any and all
recommendations concerning the land to be dedicated to the
Technical Review Committee at its next scheduled meeting.
3. Ownership
The type of ownership of land dedicated for park, recreation, or
open space purposes shall be selected by the owner, developer,
Unified Development Ordinance | New Hanover County, NC 6-21
or subdivider, subject to the approval of the Technical Review
Committee or Planning Director, whichever is making a decision
on the subdivision plat. Provided, however, any of such areas
included in the master parks plan shall be dedicated to the
County. The type of ownership may include, but is not necessarily
limited to, the following:
i. The County, subject to the acceptance by the County
Commission;
ii. Other public agencies, subject to their acceptance;
iii. Property owner, condominium, or cooperative associations or
organizations; or
iv. Shared, undivided interest by all property owners in the
subdivision.
n. Payments In-Lieu of Dedication
1. General Provisions
When the Technical Review Committee or Planning Director,
whichever is making a decision on the subdivision plat,
determines (upon the recommendation of the Planning and
Inspections Department) that the park, recreation, and open space
needs of a subdivision can also be adequately met by capital
facilities constructed or to be constructed on County-owned
property or property to be acquired by the County within a
reasonable time that is located close enough to such subdivision
to reasonably serve its residents, the appropriate governing
agency may authorize the subdivider to make a payment to the
County in-lieu of dedication. The Technical Review Committee or
Planning Director, whichever is appropriate, may also authorize a
combination dedication and partial payment in-lieu of dedication
when such is determined to be in the best interest of the citizens
of the area to be served. Any public dedication is subject to review
and acceptance by the Technical Review Committee or Planning
Director, whichever is making a decision on the subdivision plat.
2. Procedure
The subdivider shall include with the application for preliminary
plan approval, a letter requesting approval to make a payment in-
lieu of dedication. The letter shall include the proposed per acre
value and the basis for the determination of such value. Upon
receipt of the preliminary subdivision plan, the Planning
Department shall submit a copy of the preliminary subdivision plan
with the letter requesting a payment in-lieu of dedication to the
Planning Director. The staff shall submit any recommendations
concerning the request to the Technical Review Committee at its
next scheduled meeting.
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3. Amount of Payment
If the Technical Review Committee or Planning Director,
whichever is making a decision on the subdivision plat, approves
a payment in-lieu of dedication, the amount of such payment shall
be the product of the number of acres to be dedicated as outlined
in subsection 2 above, and the average fair market value of the
land being subdivided at the time of the submission of the
preliminary subdivision plan. The Tax Department shall determine
the average fair market value of the land based on the value of the
land for property tax purposes, the information submitted by the
subdivider, and other relevant information.
4. Use of Payments In-Lieu of Dedication
All monies received by the County in accordance with this section
shall be used only for the acquisition or development of recreation,
park, or open space areas that will benefit the new subdivision
residents.
5. Required Payment In-Lieu of Dedication
In the event the Technical Review Committee or Planning
Director, whichever is making a decision on the subdivision plat,
finds that a land dedication does not meet the long range plans of
the County it shall require payment in-lieu of a dedication.
6. Time of Payment
If a payment in-lieu of dedication is authorized, such payment
shall be made before recording the final plat for the subdivision. If
a subdivision is developed in phases, a payment relating to each
phase must be made prior to the recording of a final plat for each
phase.
o. Flexibility in Administration Authorized:
1. The requirements set forth in this subsection concerning the
amount, size, location and nature of park, recreation, and open
space areas to be provided in connection with residential
developments are established by the County as standards that
preemptively will result in the provision of that amount of
recreational facilities and open space that is consistent with
officially adopted County plans. The County recognizes, however,
that due to the particular nature of a tract of land, or the nature of
the facilities proposed for installation, or other factors, the
underlying objectives of this article may be achieved even though
the standards are not adhered to with mathematical precision.
Therefore, the Technical Review Committee or Planning Director,
whichever is making a decision on the subdivision plat , is
authorized to permit minor deviations from these standards
whenever it is determined that: (i) the objectives underlying these
standards can be met without strict adherence to them; and (ii)
because of peculiarities in the developer’s tract of land or the
Unified Development Ordinance | New Hanover County, NC 6-23
facilities proposed, it would be unreasonable to require strict
adherence to these standards.
2. Whenever the Technical Review Committee or Planning Director,
whichever is making a decision on the subdivision plat , authorizes
some deviation from the standards set forth in this section, the
official record of action taken on the development application shall
contain a statement of the reasons for allowing the deviation.
H. Fire Hydrants
The subdivider shall be responsible for providing adequate fire protection for
the subdivision through the provision of fire hydrants. These fire hydrants
shall be constructed to specifications established by County Fire Services,
based on the current NC Fire Code standards. Hydrants shall be required as
follows:
1. Subdivision with central water system:
For any major subdivision served by a central water system meeting state
requirements (Section .2101, Title 10, Chapter 10D NCAC) for fire
hydrants, the subdivider shall be required to install a fire hydrant at the
entrance to the subdivision and additional hydrants equal either to the
total linear feet of roadway divided by 1000 or the total number of
lots/units divided by 40, whichever is greater. These additional hydrants
shall be spaced evenly through the subdivision in order to provide
maximum fire protection coverage, as determined by the County Fire
Services. In no case shall a lot/unit be located more than 500 feet from a
hydrant.
2. Subdivision with surface water bodies:
For any major subdivision without a central water system meeting state
requirements, but either including or adjacent to an adequate permanent
surface water body, the subdivider shall do one of the following:
a. Install a dry fire hydrant as close to the water source as possible, with
the adequacy of the water source and the location of the dry fire
hydrant to be determined by County Fire Services; or
b. Establish an easement or road to the water source providing
permanent all-weather access that is adequate for fire-fighting
equipment and vehicles as determined by County Fire Services.
I. Street Lights
The County, as applicable, shall install streetlights within subdivisions in
accordance with the standards of the County. In instances where
underground wiring is required, the subdivider shall be responsible for the
initial contribution required under the utility company’s street lighting service
schedule (customer participation) at the time of installation.
J. Entrance Signs and Lighting
Signs delineating the subdivision name and any lighting associated with such
sign shall be constructed in compliance with Section 5.6.2.J.1, Subdivision
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Identification Signs. Sign location shall be shown on the preliminary plan for
subdivision.
K. Sidewalks, Trails and Bikeways
Sidewalks, walkways, and other pedestrian ways shall be provided by the
subdivider within or adjacent to a subdivision, upon reasonable evidence that
the sidewalks, walkways, or other pedestrian ways would be essential for
pedestrian access to community facilities, that such is necessary to provide
safe pedestrian movement outside the street or street rights-of-way area, or
that such is an extension or could reasonably become an extension of
existing sidewalks, walkways, and other pedestrian ways. All sidewalks,
walkways, and other pedestrian ways shall be aligned as required by this
Ordinance, and designed and constructed to conform to NCDOT
specifications. Sidewalks shall be indicated on all preliminary plans.
1. Sidewalks shall be required to be constructed in the following
circumstances:
a. On a minimum of one side of the right-of-way of all arterial or collector
streets that are adjacent to the property to be developed;
b. On each side of the right-of-way of all arterial or collector streets that
run through property to be developed if the subdivider intends to
construct any portion of the thoroughfare as access to the subject
development; and
c. On one side of the right-of-way of all local streets extending through
the property to be developed in the R-15 and R-10 zoning districts.
d. On both sides of the right-of-way of all local streets extending through
the property to be developed in the R-7, and R-5 zoning districts.
e. Except as required above, low density developments in R-20 shall be
exempt from the sidewalk requirement.
2. The TRC may exempt sidewalk installation in specific cases upon a
finding that sidewalks are unnecessary for the protection of the public
safety or welfare due to conditions peculiar to the site.
3. Bikeways
The TRC may require the subdivider to make provisions for bikeways
within subdivisions, i.e., increased right-of-way, etc. If the subdivider
incorporates bikeways within a subdivision, the subdivider shall be
responsible for providing the required markings and the acquisition and
erection of all signs, signals, or other items in order to create safe
bicycling conditions as deemed necessary by the County.
6.3.4. PROPERTY OWNERS’ ASSOCIATION (POA)
A property owners’ association (POA) shall be established for each subdivision
containing private streets and drainage systems. The final plat for each such
subdivision shall contain a certificate indicating the book and page number of the
POA covenants, conditions, and restrictions. The covenants, conditions, and
restrictions shall specify lot owners' responsibilities for maintenance of streets,
utilities, storm water management facilities, drainage ditches or swales, or other
Unified Development Ordinance | New Hanover County, NC 6-25
areas designated as private areas or as common areas, and shall provide for
assessments to finance all maintenance activities. Final plats for subdivisions
containing private streets and drainage improvements will not be approved until the
subdivider's owners’ association documents have been submitted and approved by
the Planning and Inspections Department.
A. Required Conditions of Property Owners Associations (POAs):
Property owners associations (POAs) or similar legal entities that own and
maintain park, recreation, and open space areas, streets, utilities, storm
water management facilities, drainage ditches or swales, or other areas
designated as private areas, or as common areas, shall be established in
such a manner that:
1. Provision for the establishment of the association or similar entity shall be
made before any lot in the development is sold or any building occupied.
2. Membership is mandatory for each property owner within the subdivision.
3. The association is responsible for the liability insurance, local taxes, and
the maintenance of the areas.
4. Any sums levied by the association that remain unpaid become a lien on
the individual property owner’s property.
5. If all or any portion of the property held by the association is being
disposed of, or if the association is dissolved, the passive and active
recreation and open space is first offered to the County.
6. The right of use of the passive and active recreation or open space and
all private improvements is guaranteed to each resident of the
subdivision.
7. The declaration of covenants and restrictions that govern the association
is submitted for review by the County Attorney and recorded prior to the
recording of any final plat for the subdivision, and reference to the deed
book and page provided on the plat.
B. Responsibilities:
Property owners’ associations (POAs) shall be responsible for continuing
upkeep and proper maintenance of all private infrastructure facilities and
common areas within the respective subdivision.
Unified Development Ordinance | New Hanover County, NC 7-1
Article 7: Stormwater Management
RESERVED
Unified Development Ordinance | New Hanover County, NC 8-1
Article 8: Erosion and Sedimentation Control
RESERVED
Unified Development Ordinance | New Hanover County, NC 9-1
Article 9: Flood Damage Prevention
Section 9.1. Statutory Authorization
The Legislature of the state of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3
and 4 of Article 18 of Chapter 153A; and Part 121, Article 6 of Chapter 153A, N.C.G.S.,
delegated to local governmental units the responsibility to adopt regulations designed to
promote the public health, safety, and general welfare. Therefore, the Board of Commissioners
of New Hanover County, North Carolina, does ordain as follows:
Section 9.2. Findings of Fact
9.2.1. The flood prone areas within the unincorporated County are subject to periodic
inundation which results in loss of life, property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public
expenditures of flood protection and relief, and impairment of the tax base, all of
which adversely affect the public health, safety, and general welfare.
9.2.2. These flood losses are caused by the cumulative effect of obstructions in
floodplains causing increases in flood heights and velocities and by the occupancy
in flood prone areas of uses vulnerable to floods or other hazards.
Section 9.3. Purpose
It is the purpose of this article to promote public health, safety, and general welfare, and to
minimize public and private losses due to flood conditions within flood prone areas by provisions
designed to:
9.3.1. Restrict or prohibit uses that are dangerous to health, safety, and property due to
water or erosion hazards, or that result in damaging increases in erosion, flood
heights, or velocities;
9.3.2. Require that uses vulnerable to floods, including facilities that serve such uses, be
protected against flood damage at the time of initial construction;
9.3.3. Control the alteration of natural floodplains, stream channels, and natural protective
barriers, which are involved in the accommodation of floodwaters;
9.3.4. Control filling, grading, dredging, and all other development that may increase
erosion or flood damage; and
9.3.5. Prevent or regulate the construction of flood barriers that will unnaturally divert
flood waters or which may increase flood hazards to other lands.
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Section 9.4. Objectives
The objectives of this article are to:
9.4.1. Protect human life, safety, and health;
9.4.2. Minimize expenditure of public money for costly flood control projects;
9.4.3. Minimize the need for rescue and relief efforts associated with flooding that are
generally undertaken at the expense of the general public;
9.4.4. Minimize prolonged business losses and interruptions;
9.4.5. Minimize damage to public facilities and utilities (i.e. water and gas mains, electric,
telephone, cable and sewer lines, streets, and bridges) that are located in flood
prone areas;
9.4.6. Minimize damage to private and public property due to flooding;
9.4.7. Make flood insurance available to the community through the National Flood
Insurance Program;
9.4.8. Maintain the natural and beneficial functions of floodplains;
9.4.9. Help maintain a stable tax base by providing for the sound use and development of
flood prone areas; and
9.4.10. Ensure that potential buyers are aware that property is in a Special Flood Hazard
Area.
Section 9.5. Definitions
Unless specifically defined below, words or phrases used in this article shall be interpreted so
as to give them the meaning they have in common usage and to give this article it’s most
reasonable application.
ACCESSORY STRUCTURE (APPURTENANT STRUCTURE)
A structure located on the same parcel of property as the principal structure and the use of
which is incidental to the use of the principal structure. Garages, carports and storage sheds
are common accessory structures. Pole barns, hay sheds and the like qualify as accessory
structures on farms, and may or may not be located on the same parcel as the farm dwelling or
shop building.
ADDITION (TO AN EXISTING BUILDING)
An extension or increase in the floor area or height of a building or structure.
ALTERATION OF A WATERCOURSE
A dam, impoundment, channel relocation, change in channel alignment, channelization, or
change in cross-sectional area of the channel or the channel capacity, or any other form of
modification which may alter, impede, retard or change the direction and/or velocity of the
riverine flow of water during conditions of the base flood.
APPEAL
A request for a review of the Floodplain Administrator's interpretation of any provision of this
article.
Unified Development Ordinance | New Hanover County, NC 9-3
AREA OF SHALLOW FLOODING
A designated Zone AO or AH on a community's Flood Insurance Rate Map (FIRM) with base
flood depths determined to be from one to three feet. These areas are located where a clearly
defined channel does not exist, where the path of flooding is unpredictable and indeterminate,
and where velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD.
See “Special Flood Hazard Area (SFHA)”.
BASE FLOOD
The flood having a one percent chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE)
A determination of the water surface elevations of the base flood as published in the Flood
Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may
be obtained from engineering studies available from a federal, state, or other source using
FEMA approved engineering methodologies. This elevation, when combined with the
Freeboard, establishes the Regulatory Flood Protection Elevation.
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BOARD OF ADJUSTMENT
The New Hanover County Board of Adjustment charged with the responsibility of hearing and
deciding appeals and requests for variance from the requirements of this article.
BREAKAWAY WALL
A wall that is not part of the structural support of the building and is intended through its design
and construction to collapse under specific lateral loading forces without causing damage to the
elevated portion of the building of the supporting foundation system.
BUILDING
See “Structure”.
CHEMICAL STORAGE FACILITY
A building, portion of a building, or exterior area adjacent to a building used for the storage of
any chemical or chemically reactive products.
COASTAL AREA MANAGEMENT ACT (CAMA)
North Carolina’s Coastal Area Management Act. This act, along with the Dredge and Fill Law
and the Federal Coastal Zone Management Act, is managed through the North Carolina
Department of Environmental Quality’s (NCDEQ’s) Division of Coastal Management (DCM).
COASTAL A ZONE (CAZ)
An area within a special flood hazard area, landward of a V zone or landward of an open coast
without mapped V zones; in a Coastal A Zone, the principal source of flooding must be
astronomical tides, storm surges, seiches, or tsunamis, not riverine flooding. During the base
flood conditions, the potential for wave heights shall be greater than or equal to 1.5 feet. Coastal
A Zones are not normally designated on FIRMs. (see Limit of Moderate Wave Action (LiMWA))
COASTAL BARRIER RESOURCES SYSTEM (CBRS)
The undeveloped portions of coastal barrier islands and adjoining areas established by the
Coastal Barrier Resources Act (CoBRA) of 1982, the Coastal Barrier Improvement Act (CBIA) of
1990, and subsequent revisions, and includes areas owned by federal or state governments or
private conservation organizations identified as Otherwise Protected Areas (OPA).
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COASTAL HIGH HAZARD AREA
A Special Flood Hazard Area extending from offshore to the inland limit of a primary frontal
dune along an open coast and any other area subject to high velocity wave action from storms
or seismic sources. The area is designated on a FIRM, or other adopted flood map as
determined in this article, as Zone VE.
COUNTY
New Hanover County, North Carolina, a political subdivision of the state of North Carolina.
DESIGN FLOOD:
See “Regulatory Flood Protection Elevation.”
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including, but not limited to,
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling
operations, or storage of equipment or materials.
DEVELOPMENT ACTIVITY
Any activity defined as development which will necessitate a floodplain development permit.
This includes buildings, structures, and non-structural items, including (but not limited to) fill,
bulkheads, piers, pools, docks, landings, ramps, and erosion control/stabilization measures.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
The digital official map of a community, issued by the Federal Emergency Management Agency
(FEMA), on which both the Special Flood Hazard Areas and the risk premium zones applicable
to the community are delineated.
DISPOSAL
As defined in Section 130A-290(a)(6), N.C.G.S., the discharge, deposit, injection, dumping,
spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste
or any constituent part of the solid waste may enter the environment or be emitted into the air or
discharged into any waters, including groundwaters.
ELEVATED BUILDING
A non-basement building which has its lowest elevated floor raised above ground level by
foundation walls, shear walls, posts, piers, pilings, or columns.
ENCROACHMENT
The advance or infringement of uses, fill, excavation, buildings, structures or development into a
special flood hazard area, which may impede or alter the flow capacity of a floodplain.
EXISTING BUILDING AND EXISTING STRUCTURE
Any building and/or structure for which the “start of construction” commenced before April 3,
1978.
EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the
lots on which the manufactured homes are to be affixed (including, at a minimum, the
installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed before the initial effective date of the floodplain management
regulations adopted by the community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION
The preparation of additional sites by the construction of facilities for serving the lot on which the
manufactured homes are to be affixed (including the installation of utilities, either final site
grading or pouring of concrete pads, or the construction of streets).
Unified Development Ordinance | New Hanover County, NC 9-5
FLOOD OR FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas
from:
(a) The overflow of inland or tidal waters; and/or
(b) The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
An official map of a community, issued by the FEMA, on which the Special Flood Hazard Areas
and the floodways are delineated. This official map is a supplement to and shall be used in
conjunction with the Flood Insurance Rate Map (FIRM).
FLOOD HAZARD BOUNDARY MAP (FHBM)
An official map of a community, issued by the FEMA, where the boundaries of the Special Flood
Hazard Areas have been defined as Zone A.
FLOOD INSURANCE
The insurance coverage provided under the National Flood Insurance Program.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community, issued by the FEMA, on which both the Special Flood Hazard
Areas and the risk premium zones applicable to the community are delineated. (see also
DFIRM)
FLOOD INSURANCE STUDY (FIS)
An examination, evaluation, and determination of flood hazards, corresponding water surface
elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued
by the FEMA. The Flood Insurance Study report includes Flood Insurance Rate Maps (FIRMs)
and Flood Boundary and Floodway Maps (FBFMs), if published.
FLOOD PRONE AREA
See “Floodplain”
FLOOD ZONE
A geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map
that reflects the severity or type of flooding in the area.
FLOODPLAIN
Any land area susceptible to being inundated by water from any source.
FLOODPLAIN ADMINISTRATOR
The individual appointed to administer and enforce this article. The Floodplain Administrator is
Planning Director.
FLOODPLAIN DEVELOPMENT PERMIT
Any type of permit that is required by this article, prior to the commencement of any
development activity.
FLOODPLAIN MANAGEMENT
The operation of an overall program of corrective and preventive measures for reducing flood
damage and preserving and enhancing, where possible, natural resources in the floodplain,
including, but not limited to, emergency preparedness plans, flood control works, floodplain
management regulations, and open space plans.
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FLOODPLAIN MANAGEMENT REGULATIONS
This article, this LDC, building codes, health regulations, special purpose ordinances, and other
applications of police power. This term describes federal, state, or local regulations, in any
combination, which provide standards for preventing and reducing flood loss and damage.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures
which reduce or eliminate flood damage to real estate or improved real property, water and
sanitation facilities, structures, and their contents.
FLOOD-RESISTANT MATERIAL
Any building product [material, component or system] capable of withstanding direct and
prolonged contact (minimum 72 hours) with floodwaters without sustaining damage that requires
more than low-cost cosmetic repair. Any material that is water-soluble or is not resistant to
alkali or acid in water, including normal adhesives for above-grade use, is not flood-resistant.
Pressure-treated lumber or naturally decay-resistant lumbers are acceptable flooring materials.
Sheet-type flooring coverings that restrict evaporation from below and materials that are
impervious, but dimensionally unstable are not acceptable. Materials that absorb or retain water
excessively after submergence are not flood-resistant. Please refer to Technical Bulletin 2,
Flood Damage-Resistant Materials Requirements, available from the FEMA. Class 4 and 5
materials, referenced therein, are acceptable flood-resistant materials.
FLOODWAY
The channel of a river or other watercourse, including the area above a bridge or culvert when
applicable, and the adjacent land areas that must be reserved in order to discharge the base
flood without cumulatively increasing the water surface elevation more than one foot.
FLOODWAY ENCROACHMENT ANALYSIS
An engineering analysis of the impact that a proposed encroachment into a floodway or non-
encroachment area is expected to have on the floodway boundaries and flood levels during the
occurrence of the base flood discharge. The evaluation shall be prepared by a qualified North
Carolina licensed engineer using standard engineering methods and models.
FREEBOARD
The height added to the BFE to account for the many unknown factors that could contribute to
flood heights greater than the height calculated for a selected size flood and floodway
conditions, such as wave action, blockage of bridge or culvert openings, and the hydrological
effect of urbanization of the watershed. The BFE plus the freeboard establishes the “Regulatory
Flood Protection Elevation”.
FUNCTIONALLY DEPENDENT FACILITY
A facility which cannot be used for its intended purpose unless it is located in close proximity to
water, limited to a docking or port facility necessary for the loading and unloading of cargo or
passengers, shipbuilding, or ship repair. The term does not include long-term storage,
manufacture, sales, or service facilities.
HAZARDOUS WASTE MANAGEMENT FACILITY
As defined in Section 30A, Article 9, N.C.G.S., a facility for the collection, storage, processing,
treatment, recycling, recovery, or disposal of hazardous waste.
HIGHEST ADJACENT GRADE (HAG)
The highest natural elevation of the ground surface, prior to construction, immediately next to
the proposed walls of the structure.
Unified Development Ordinance | New Hanover County, NC 9-7
HISTORIC STRUCTURE
Any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained
by the US Department of Interior) or preliminarily determined by the Secretary of
Interior as meeting the requirements for individual listing on the National
Register;
(b) Certified or preliminarily determined by the Secretary of Interior as contributing to
the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
(c) Individually listed on a local inventory of historic landmarks in communities with a
“Certified Local Government (CLG) Program”; or
(d) Certified as contributing to the historical significance of a historic district
designated by a community with a “Certified Local Government (CLG) Program.”
Certified Local Government (CLG) Programs are approved by the US Department of the Interior
in cooperation with the North Carolina Department of Cultural Resources through the state
Historic Preservation Officer as having met the requirements of the National Historic
Preservation Act of 1966 as amended.
LETTER OF MAP CHANGE (LOMC)
An official determination issued by FEMA that amends or revises an effective Flood Insurance
Rate Map or Flood Insurance Study. Letters of Map Change include:
(a) Letter of Map Amendment (LOMA): An official amendment, by letter, to an
effective National Flood Insurance Program Map. A LOMA is based on technical
data showing that a property had been inadvertently mapped as being in the
floodplain, but is actually on natural high ground above the base flood elevation.
A LOMA amends the current effective Flood Insurance Rate Map and establishes
that a specific property, portion of a property, or structure is not located in a
special flood hazard area.
(b) Letter of Map Revision (LOMR): A revision based on technical data that may
show changes to flood zones, flood elevations, special flood hazard area
boundaries and floodway delineations, and other planimetric features.
(c) Letter of Map Revision Based on Fill (LOMR-F): A determination that a
structure or parcel of land has been elevated by fill above the BFE and is,
therefore, no longer located within the special flood hazard area. In order to
qualify for this determination, the fill must have been permitted and placed in
accordance with the community’s floodplain management regulations.
(d) Conditional Letter of Map Revision (CLOMR): A formal review and comment
as to whether a proposed project complies with the minimum NFIP requirements
for such projects with respect to delineation of special flood hazard areas. A
CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study; upon submission and approval of certified as-built
documentation, a Letter of Map Revision may be issued by FEMA to revise the
effective FIRM.
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LIGHT DUTY TRUCK
Any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a
vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45
square feet or less as defined in 40 CFR 86.082-2 and is:
(a) Designed primarily for purposes of transportation of property or is a derivation of
such a vehicle, or
(b) Designed primarily for transportation of persons and has a capacity of more than
12 persons; or
(c) Available with special features enabling off-street or off-highway operation and
use.
LIMIT OF MODERATE WAVE ACTION (LIMWA)
The boundary line given by FEMA on coastal map studies marking the extents of Coastal A
Zones (CAZ).
LOWEST ADJACENT GRADE (LAG)
The lowest elevation of the ground, sidewalk, or patio slab immediately next to the building, or
deck support, after completion of the building.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood
resistant enclosure, usable solely for parking of vehicles, building access, or limited storage in
an area other than a basement area is not considered a building's lowest floor, provided that
such an enclosure is not built so as to render the structure in violation of the applicable non-
elevation design requirements of this article.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and
designed to be used with or without a permanent foundation when connected to the required
utilities. The term “manufactured home” does not include a “recreational vehicle”.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for
rent or sale.
MARKET VALUE
The building value, not including the land value and that of any accessory structures or other
improvements on the lot. Market value may be established by independent certified appraisal;
replacement cost depreciated for age of building and quality of construction (Actual Cash
Value); or adjusted tax assessed values.
NEW CONSTRUCTION
Structures for which the “start of construction” commenced on or after the effective date of the
initial floodplain management regulations and includes any subsequent improvements to such
structures.
NON-ENCROACHMENT AREA (NEA)
The channel of a river or other watercourse, including the area above a bridge or culvert when
applicable, and the adjacent land areas that must be reserved in order to discharge the base
flood without cumulatively increasing the water surface elevation more than one foot as
designated in the Flood Insurance Study report.
Unified Development Ordinance | New Hanover County, NC 9-9
OTHERWISE PROTECTED AREA (OPA).
See “Coastal Barrier Resources System (CBRS)”.
POST-FIRM
Construction or other development for which the “start of construction” occurred on or after July
17, 1978, the effective date of the initial Flood Insurance Rate Map.
PRE-FIRM
Construction or other development for which the “start of construction” occurred before July 17,
1978, the effective date of the initial Flood Insurance Rate Map.
PRIMARY FRONTAL DUNE (PFD)
A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and
landward slopes immediately landward and adjacent to the beach and subject to erosion and
overtopping from high tides and waves during major coastal storms. The inland limit of the
primary frontal dune occurs at the point where there is a distinct change from a relatively steep
slope to a relatively mild slope.
PRINCIPALLY ABOVE GROUND
At least 51 percent of the actual cash value of the structure is above ground.
PUBLIC SAFETY AND/OR NUISANCE
Anything which is injurious to the safety or health of an entire community or neighborhood, or
any considerable number of persons, or unlawfully obstructs the free passage or use, in the
customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
RECREATIONAL VEHICLE (RV)
A vehicle, which is:
(a) Built on a single chassis;
(b) 400 square feet or less when measured at the largest horizontal projection;
(c) Designed to be self-propelled or permanently towable by a light duty truck;
(d) Designed primarily not for use as a permanent dwelling, but as temporary living
quarters for recreational, camping, travel, or seasonal use, and
(e) Is fully licensed and ready for highway use.
REFERENCE LEVEL
The top of the lowest floor for structures within Special Flood Hazard Areas designated as
Zones A, AE, AH, AO, A99. The reference level is the bottom of the lowest horizontal structural
member of the lowest floor for structures within Special Flood Hazard Areas designated as Zone
VE.
REGULATORY FLOOD PROTECTION ELEVATION
The “Base Flood Elevation” plus the “Freeboard”. In Special Flood Hazard Areas where Base
Flood Elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet of
freeboard. In Special Flood Hazard Areas where no BFE has been established, this elevation
shall be at least two feet above the highest adjacent grade.
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REMEDY A VIOLATION
To bring the structure or other development into compliance with state and community
floodplain management regulations, or, if this is not possible, to reduce the impacts of its
noncompliance. Ways that impacts may be reduced include protecting the structure or other
affected development from flood damages, implementing the enforcement provisions of this
article or otherwise deterring future similar violations, or reducing federal financial exposure with
regard to the structure or other development.
RIVERINE
Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
SALVAGE YARD
Any non-residential property used for the storage, collection, and/or recycling of any type of
equipment, and including but not limited to vehicles, appliances and related machinery.
SAND DUNES
Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
SHEAR WALL
Walls used for structural support but not structurally joined or enclosed at the end (except by
breakaway walls). Shear walls are parallel or nearly parallel to the flow of the water.
SOLID WASTE DISPOSAL FACILITY
Any facility involved in the disposal of solid waste, as defined in Section130A-290(a) (35),
N.C.G.S.
SOLID WASTE DISPOSAL SITE
As defined in Section 130A-290(a) (36), N.C.G.S., any place at which solid wastes are disposed
of by incineration, sanitary landfill, or any other method.
SPECIAL FLOOD HAZARD AREA (SFHA)
The land in the floodplain subject to a one percent or greater chance of being flooded in any
given year, as determined by this article.
START OF CONSTRUCTION
Includes substantial improvement, and means the date the building permit was issued provided
the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other
improvement was within 180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading, and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations, or the erection of temporary forms; nor does it include the installation on
the property of accessory buildings, such as garages or sheds not occupied as dwelling units or
not part of the main structure. For a substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural part of the building,
whether or not that alteration affects the external dimensions of the building.
STRUCTURE
A walled and roofed building, a manufactured home, or a gas, liquid, or liquefied gas storage
tank that is principally above ground.
Unified Development Ordinance | New Hanover County, NC 9-11
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure during any five-year period whereby the cost of
restoring the structure to it’s before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred. See definition of “substantial
improvement.”
SUBSTANTIAL IMPROVEMENT
Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a
structure, taking place during any five-year period for which the cost equals or exceeds 50
percent of the market value of the structure before the “start of construction” of the
improvement. This term includes structures which have incurred “substantial damage”,
regardless of the actual repair work performed. The term does not, however, include either:
(a) Any correction of existing violations of state or community health, sanitary, or
safety code specifications which have been identified by the community code
enforcement official and which are the minimum necessary to assure safe living
conditions; or
(b) Any alteration of a historic structure, provided that the alteration will not preclude
the structure's continued designation as a historic structure and the alteration is
approved by variance issued pursuant to Section 9.7.5, Variance Procedures.
TEMPERATURE CONTROLLED
Having the temperature regulated by a heating and/or cooling system, built-in or appliance.
VARIANCE
A grant of relief from the requirements of this article.
VIOLATION
The failure of a structure or other development to be fully compliant with the community's
floodplain management regulations. A structure or other development without the elevation
certificate, other certifications, or other evidence of compliance required in Section 9.7,
Administration, and Section 9.8, Provisions for Flood Hazard Reduction, is presumed to be in
violation until such time as that documentation of compliance is provided.
WATER SURFACE ELEVATION (WSE)
The height, in relation to NAVD 1988, of floods of various magnitudes and frequencies in the
floodplains of coastal or riverine areas.
WATERCOURSE
A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters
flow at least periodically. Watercourse includes specifically designated areas in which
substantial flood damage may occur.
Section 9.6. General Provisions
9.6.1. APPLICABILITY AND BASIS FOR SPECIAL FLOOD HAZARD AREAS
A. This article applies to all land and development in the Special Flood Hazard Areas
within unincorporated New Hanover County, as identified under the Cooperating
Technical state (CTS) agreement between the state of North Carolina and FEMA in
its FIS dated December 6, 2019 for New Hanover County and associated DFIRM
panels, including any digital data developed as part of the FIS, which are adopted
by reference and declared a part of this Ordinance.
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B. Future revisions to the FIS and DFIRM panels that do not change flood hazard data
within the unincorporated County are also adopted by reference and declared a
part of this Ordinance. Any subsequent Letter of Map Revisions (LOMRs) and/or
Physical Map Revisions (PMRs) shall be adopted within three months.
9.6.2. ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT
A Floodplain Development Permit shall be required prior to the commencement of
any development activities prior to development within a Special Flood Hazard
Area, to ensure any proposed development activities are in conformance with the
provisions of this article, and other applicable regulations of this Ordinance and the
County Code of Ordinances
9.6.3. COMPLIANCE
No structure or land shall be located, extended, converted, altered, or developed in
any way without full compliance with the terms of this article, this Ordinance, and all
other applicable regulations.
9.6.4. ABROGATION AND GREATER RESTRICTIONS
This article is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this article and another article or
other ordinance conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
9.6.5. INTERPRETATION
In the interpretation and application of this article, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the County; and
C. Deemed neither to limit nor repeal any other powers granted under state statutes.
9.6.6. WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this article is considered reasonable for
regulatory purposes, and is based on scientific and engineering consideration.
Larger floods can and will occur. Actual flood heights may be increased by man-
made or natural causes. This article does not imply that land outside the Special
Flood Hazard Areas or uses permitted within such areas will be free from flooding
or flood damages. This article shall not create liability on the part of New Hanover
County or by any officer or employee of the County for any flood damages that
result from reliance on this article or any administrative decision lawfully made in
accordance with this article.
9.6.7. PENALTIES FOR VIOLATIONS
Violation of the provisions of this article or failure to comply with any of its
requirements, including violation of conditions and safeguards established in
connection with grants of variance or special exceptions, shall constitute a Class 1
misdemeanor pursuant to Section 143-215.58, N.C.G.S. Any person who violates
this article or fails to comply with any of its requirements shall, upon conviction, be
fined not more than $100.00 or imprisoned for not more than 30 days, or both.
Each day such violation continues shall be considered a separate offense. Nothing
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herein contained shall prevent New Hanover County from taking such other lawful
action as is necessary to prevent or remedy any violation.
Section 9.7. Administration
9.7.1. DESIGNATION OF FLOODPLAIN ADMINISTRATOR
The Planning Director hereinafter referred to as the “Floodplain Administrator”, is
hereby appointed to administer and implement the provisions of this article. In
instances where the Floodplain Administrator receives assistance from others to
complete tasks to administer and implement this article, the Floodplain
Administrator shall be responsible for the coordination and community’s overall
compliance with the National Flood Insurance Program and the provisions of this
article.
9.7.2. FLOODPLAIN DEVELOPMENT APPLICATION, PERMIT AND CERTIFICATION
A. Application Requirements
Application for a floodplain development permit shall be made to the
Floodplain Administrator prior to any development activities located within
Special Flood Hazard Areas. The following items shall be presented to the
Floodplain Administrator to apply for a floodplain development permit:
1. A plot plan drawn to scale which shall include, but shall not be limited to,
the following specific details of the proposed floodplain development:
a. The nature, location, dimensions, and elevations of the area of
development/disturbance; existing and proposed structures, utility
systems, grading/pavement areas, fill materials, storage areas,
drainage facilities, and other development;
b. The boundary of the Special Flood Hazard Area as delineated on the
FIRM or other flood map, or a statement that the entire lot is within the
Special Flood Hazard Area;
c. Flood zone(s) designation of the proposed development area as
determined on the FIRM or other flood map;
d. The boundary of the floodway(s) or non-encroachment area(s);
e. The Base Flood Elevation (BFE);
f. The old and new location of any watercourse that will be altered or
relocated as a result of proposed development; and
g. The boundary and designation date of the Coastal Barrier Resource
System (CBRS) area or Otherwise Protected Areas (OPA), if
applicable; and
h. The certification of the plot plan by a registered land surveyor or
professional engineer.
2. Proposed elevation, and method thereof, of all development within a
Special Flood Hazard Area including but not limited to:
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a. Elevation in relation to NAVD 1988 of the proposed reference level
(including basement) of all structures;
b. Elevation in relation to NAVD 1988 to which any non-residential
structure in Zones A, AE, AH, AO, A99 will be floodproofed; and
c. Elevation in relation to NAVD 1988 to which any proposed utility
systems will be elevated or floodproofed.
3. If floodproofing, a Floodproofing Certificate (FEMA Form 086-0-34) with
supporting data, an operational plan, and an inspection and maintenance
plan that include, but are not limited to, installation, exercise, and
maintenance of floodproofing measures.
4. A Foundation Plan, drawn to scale, which includes details of the proposed
foundation system to ensure all provisions of this article are met. These
details include but are not limited to:
a. The proposed method of elevation, if applicable (i.e., fill, solid
foundation perimeter wall, solid backfilled foundation, open foundation
on columns/posts/piers/piles/shear walls); and
b. Openings to facilitate automatic equalization of hydrostatic flood
forces on walls in accordance with Section 9.8.2.D.4.d, when solid
foundation perimeter walls are used in Zones A, AE, AH, AO, A99.
c. The following, in Coastal High Hazard Areas, in accordance with the
provisions of Section 9.8.2.D.4.e, and Section 9.8.6, Coastal High
Hazard Area (Zone VE). and Section 9.8.7, Standards for Coastal A
Zones (Zone CAZ) LiMWA, if applicable:
1. V-Zone Certification with accompanying plans and specifications
verifying the engineered structure and any breakaway wall
designs;
2. Plans for open wood, plastic, or other latticework or insect
screening, if applicable; and
3. Plans for non-structural fill, if applicable. If non-structural fill is
proposed, it must be demonstrated through coastal engineering
analysis that the proposed fill would not result in any increase in
the BFE or otherwise cause adverse impacts by wave ramping
and deflection on to the subject structure or adjacent properties.
5. Usage details of any enclosed areas below the lowest floor.
6. Plans and/or details for the protection of public utilities and facilities such
as sewer, gas, electrical, and water systems to be located and
constructed to minimize flood damage.
7. Certification that all other local, state and federal permits required prior to
floodplain development permit issuance have been received.
8. Documentation for placement of recreational vehicles and/or temporary
structures, when applicable, to ensure that the provisions of Sections
9.8.2.F, Additions/Improvements. and 9.8.2.G, Recreational Vehicles, are
met.
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9. A description of proposed watercourse alteration or relocation, when
applicable, including an engineering report on the effects of the proposed
project on the flood-carrying capacity of the watercourse and the effects
to properties located both upstream and downstream; and a map (if not
shown on the plot plan) showing the location of the proposed watercourse
alteration or relocation.
B. Permit Requirements
The floodplain development permit shall include, but not be limited to:
1. A complete description of all the development to be permitted under the
floodplain development permit (e.g. house, garage, pool, septic,
bulkhead, cabana, pier, bridge, mining, dredging, filling, grading, paving,
excavation or drilling operations, or storage of equipment or materials,
etc.).
2. The Special Flood Hazard Area determination for the proposed
development in accordance with available data specified in Section 9.6.1,
Applicability and Basis for Special Flood Hazard Areas.
3. The Regulatory Flood Protection Elevation required for the reference level
and all attendant utilities.
4. The Regulatory Flood Protection Elevation required for the protection of
all public utilities.
5. All certification submittal requirements with timelines.
6. A statement that no fill material or other development shall encroach into
the floodway or non-encroachment area of any watercourse unless the
requirements of Section 9.8.5, Floodways and Non-Encroachment Areas,
have been met.
7. The flood openings requirements, if in Zones A, AE, AH, AO, A99.
8. Limitations of below BFE enclosure uses (if applicable). (i.e., parking,
building access and limited storage only).
9. A statement, if in Zone VE, that there shall be no alteration of sand dunes
which would increase potential flood damage.
10. A statement, if in Zone VE, that there shall be no fill used for structural
support.
11. A statement, that all materials below BFE/RFPE must be flood resistant
materials.
C. Certification Requirements
1. Elevation Certificates
a. An Elevation Certificate (FEMA Form 086-0-33) is required after the
reference level is established. Within seven calendar days of
establishment of the reference level elevation, it shall be the duty of
the permit holder to submit to the Floodplain Administrator a
certification of the elevation of the reference level, in relation to NAVD
1988. Any work done within the seven day calendar period and prior
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to submission of the certification shall be at the permit holder’s risk.
The Floodplain Administrator shall review the certificate data
submitted. Deficiencies detected by such review shall be corrected by
the permit holder immediately and prior to further work being
permitted to proceed. Failure to submit the certification or failure to
make required corrections shall be cause to issue a stop-work order
for the project.
b. A final Finished Construction Elevation Certificate (FEMA Form 086-0-
33) is required after construction is completed and prior to Certificate
of Compliance/Occupancy issuance. It shall be the duty of the permit
holder to submit to the Floodplain Administrator a certification of final
as-built construction of the elevation of the reference level and all
attendant utilities. The Floodplain Administrator shall review the
certificate data submitted. Deficiencies detected by such review shall
be corrected by the permit holder immediately and prior to Certificate
of Compliance/Occupancy issuance. In some instances, another
certification may be required to certify corrected as-built construction.
Failure to submit the certification or failure to make required
corrections shall be cause to withhold the issuance of a Certificate of
Compliance/Occupancy. The Finished Construction Elevation
Certificate certifier shall provide at least two photographs showing the
front and rear of the building taken within 90 days from the date of
certification. The photographs must be taken with views confirming
the building description and diagram number provided in Section
9.7.2.A, Application Requirements. To the extent possible, these
photographs should show the entire building including foundation. If
the building has split-level or multi-level areas, provide at least two
additional photographs showing side views of the building. In addition,
when applicable, provide a photograph of the foundation showing a
representative example of the flood openings or vents. All
photographs must be in color and measure at least 3" × 3". Digital
photographs are acceptable.
2. Floodproofing Certificate
a. If non-residential floodproofing is used to meet the Regulatory Flood
Protection Elevation requirements, a Floodproofing Certificate (FEMA
Form 086-0-34), with supporting data, an operational plan, and an
inspection and maintenance plan are required prior to the actual start
of any new construction. It shall be the duty of the permit holder to
submit to the Floodplain Administrator a certification of the
floodproofed design elevation of the reference level and all attendant
utilities, in relation to NAVD 1988. Floodproofing certification shall be
prepared by or under the direct supervision of a professional engineer
or architect and certified by same. The Floodplain Administrator shall
review the certificate data, the operational plan, and the inspection
and maintenance plan. Deficiencies detected by such review shall be
corrected by the applicant prior to permit approval. Failure to submit
the certification or failure to make required corrections shall be cause
to deny a floodplain development permit. Failure to construct in
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accordance with the certified design shall be cause to withhold the
issuance of a Certificate of Compliance/Occupancy.
b. A final Finished Construction Floodproofing Certificate (FEMA Form
086-0-34), with supporting data, an operational plan, and an
inspection and maintenance plan are required prior to the issuance of
a Certificate of Compliance/Occupancy. It shall be the duty of the
permit holder to submit to the Floodplain Administrator a certification
of the floodproofed design elevation of the reference level and all
attendant utilities, in relation to NAVD 1988. Floodproofing certificate
shall be prepared by or under the direct supervision of a professional
engineer or architect and certified by same. The Floodplain
Administrator shall review the certificate data, the operational plan,
and the inspection and maintenance plan. Deficiencies detected by
such review shall be corrected by the applicant prior to Certificate of
Occupancy. Failure to submit the certification or failure to make
required corrections shall be cause to deny a Floodplain Development
Permit. Failure to construct in accordance with the certified design
shall be cause to deny a Certificate of Compliance/Occupancy.
3. If a manufactured home is placed within Zones A, AE, AH, AO, A99 and
the elevation of the chassis is more than 36 inches in height above grade,
an engineered foundation certification is required in accordance with the
provisions of Section 9.8.2.C.2.
4. If a watercourse is to be altered or relocated, a description of the extent of
watercourse alteration or relocation; a professional engineer’s certified
report on the effects of the proposed project on the flood-carrying
capacity of the watercourse and the effects to properties located both
upstream and downstream; and a map showing the location of the
proposed watercourse alteration or relocation shall all be submitted by the
permit applicant prior to issuance of a floodplain development permit.
5. Certification Exemptions. The following structures, if located within Zones
A, AE, AH, AO, A99, are exempt from the elevation/floodproofing
certification requirements specified in subsections 1 and 2 above:
a. Recreational vehicles meeting requirements of Section 9.8.2.G.1;
b. Temporary structures meeting requirements of Section 9.8.2.H,
Temporary Non-Residential Structures; and
c. Accessory structures that are 150 square feet or less or $3,000 or
less and meeting requirements of Section 9.8.2.I, Accessory
Structures.
6. A V-Zone Certification with accompanying design plans and specifications
is required prior to issuance of a floodplain development permit within
Coastal High Hazard Areas. It shall be the duty of the permit applicant to
submit to the Floodplain Administrator said certification to ensure the
design standards of this article are met. A registered professional
engineer or architect shall develop or review the structural design, plans,
and specifications for construction and certify that the design and
methods of construction to be used are in accordance with accepted
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standards of practice for meeting the provisions of this article. This
certification is not a substitute for an Elevation Certificate.
D. Determinations for Existing Buildings and Structures
For applications for building permits to improve buildings and structures,
including alterations, movement, enlargement, replacement, repair, change of
occupancy, additions, rehabilitations, renovations, substantial improvements,
repairs of substantial damage, and any other improvement of or work on such
buildings and structures, the Floodplain Administrator, in coordination with the
Building Official, shall:
1. Estimate the market value, or require the applicant to obtain an appraisal
of the market value prepared by a qualified independent appraiser, of the
building or structure before the start of construction of the proposed work;
in the case of repair, the market value of the building or structure shall be
the market value before the damage occurred and before any repairs are
made;
2. Compare the cost to perform the improvement, the cost to repair a
damaged building to its pre-damaged condition, or the combined costs of
improvements and repairs, if applicable, to the market value of the
building or structure;
3. Determine and document whether the proposed work constitutes
substantial improvement or repair of substantial damage; and
4. Notify the applicant if it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with
the flood resistant construction requirements of the North Carolina
Building Code and this article is required.
9.7.3. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR
The Floodplain Administrator shall perform, but not be limited to, the following
duties:
A. Review all floodplain development applications and issue permits for all proposed
development within Special Flood Hazard Areas to assure that the requirements of
this article have been satisfied.
B. Review all proposed development within Special Flood Hazard Areas to assure that
all necessary local, state and federal permits have been received, including Section
404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C.
1334.
C. Notify adjacent communities and the North Carolina Department of Public Safety,
Division of Emergency Management, State Coordinator for the National Flood
Insurance Program prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Emergency Management
Agency (FEMA).
D. Assure that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood-carrying capacity is maintained.
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E. Prevent encroachments into floodways and non-encroachment areas unless the
certification and flood hazard reduction provisions of Section 9.8.5, Floodways and
Non-Encroachment Areas, are met.
F. Obtain actual elevation (in relation to NAVD 1988) of the reference level (including
basement) and all attendant utilities of all new and substantially improved
structures, in accordance with the provisions of Section 9.7.2.C, Certification
Requirements.
G. Obtain actual elevation (in relation to NAVD 1988) to which all new and
substantially improved structures and utilities have been floodproofed, in
accordance with the provisions of Section 9.7.2.C, Certification Requirements.
H. Obtain actual elevation (in relation to NAVD 1988) of all public utilities in
accordance with the provisions of Section 9.7.2.C, Certification Requirements.
I. When floodproofing is utilized for a particular structure, obtain certifications from a
registered professional engineer or architect in accordance with the provisions
Section 9.7.2.C, Certification Requirements, and Section 9.7.2.B.3 and Section
9.8.2.B.
J. Where interpretation is needed as to the exact location of boundaries of the Special
Flood Hazard Areas, floodways, or non-encroachment areas (for example, where
there appears to be a conflict between a mapped boundary and actual field
conditions), make the necessary interpretation. The person contesting the location
of the boundary shall be given a reasonable opportunity to appeal the interpretation
as provided in this article.
K. When BFE data has not been provided in accordance with the provisions of Section
9.6.1, Applicability and Basis for Special Flood Hazard Areas, obtain, review, and
reasonably utilize any BFE data, along with floodway data or non-encroachment
area data available from a federal, state, or other source, including data developed
pursuant to Section 9.8.3.B.3, in order to administer the provisions of this article.
L. When BFE data is provided but no floodway or non-encroachment area data has
been provided in accordance with the provisions of Section 9.6.1, Applicability and
Basis for Special Flood Hazard Areas, obtain, review, and reasonably utilize any
floodway data or non-encroachment area data available from a federal, state, or
other source in order to administer the provisions of this article.
M. When the lowest floor and the lowest adjacent grade of a structure or the lowest
ground elevation of a parcel in a Special Flood Hazard Area is above the BFE,
advise the property owner of the option to apply for a Letter of Map Amendment
(LOMA) from FEMA. However, if the property is to be removed from the V Zone it
must not be located seaward of the landward toe of the primary frontal dune.
Maintain a copy of the LOMA issued by FEMA in the floodplain development permit
file.
N. Permanently maintain all records that pertain to the administration of this article and
make these records available for public inspection, recognizing that such
information may be subject to the Privacy Act of 1974, as amended.
O. Make on-site inspections of work in progress. As the work pursuant to a floodplain
development permit progresses, the Floodplain Administrator shall make as many
inspections of the work as may be necessary to ensure that the work is being done
according to the provisions of this article and the terms of the permit. In exercising
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this power, the Floodplain Administrator has a right, upon presentation of proper
credentials, to enter on any premises within the jurisdiction of the community at any
reasonable hour for the purposes of inspection or other enforcement action.
P. Issue stop-work orders as required. Whenever a building or part thereof is being
constructed, reconstructed, altered, or repaired in violation of this article, the
Floodplain Administrator may order the work to be immediately stopped. The stop-
work order shall be in writing and directed to the person doing or in charge of the
work. The stop-work order shall state the specific work to be stopped, the specific
reason(s) for the stoppage, and the condition(s) under which the work may be
resumed. Violation of a stop-work order constitutes a misdemeanor.
Q. Revoke floodplain development permits as required. The Floodplain Administrator
may revoke and require the return of the floodplain development permit by notifying
the permit holder in writing stating the reason(s) for the revocation. Permits shall
be revoked for any substantial departure from the approved application, plans, and
specifications; for refusal or failure to comply with the requirements of state or local
laws; or for false statements or misrepresentations made in securing the permit.
Any floodplain development permit mistakenly issued in violation of an applicable
state or local law may also be revoked.
R. Make periodic inspections throughout the Special Flood Hazard Areas within the
unincorporated County. The Floodplain Administrator and each member of the
inspections department shall have a right, upon presentation of proper credentials,
to enter on any premises within the territorial jurisdiction of the department at any
reasonable hour for the purposes of inspection or other enforcement action.
S. Follow through with the corrective procedures of Section 9.7.4, Corrective
Procedures.
T. Review, provide input, and make recommendations for variance requests.
U. Maintain a current map repository to include, but not limited to, historical and
effective FIS Report, historical and effective FIRM and other official flood maps and
studies adopted in accordance with the provisions of Section 9.6.1, Applicability
and Basis for Special Flood Hazard Areas, including any revisions thereto including
Letters of Map Change, issued by FEMA. Notify state and FEMA of mapping
needs.
V. Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision
Based on Fill (LOMR-Fs) and Letters of Map Revision (LOMRs).
9.7.4. CORRECTIVE PROCEDURES
A. Violations to be Corrected
When the Floodplain Administrator finds violations of applicable state and
local laws; it shall be the Administrator’s duty to notify the owner or occupant
of the building of the violation. The owner or occupant shall immediately
remedy each of the violations of law cited in such notification.
B. Actions in Event of Failure to Take Corrective Action
If the owner of a building or property shall fail to take prompt corrective
action, the Floodplain Administrator shall give the owner written notice, by
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certified or registered mail to the owner’s last known address or by personal
service, stating:
1. That the building or property is in violation of the floodplain management
regulations;
2. That a hearing will be held before the Floodplain Administrator at a
designated place and time, not later than ten days after the date of the
notice, at which time the owner shall be entitled to be heard in person or
by counsel, and to present arguments and evidence pertaining to the
matter; and
3. That following the hearing, the Floodplain Administrator may issue an
order to alter, vacate, or demolish the building; or to remove fill as
applicable.
C. Order to Take Corrective Action
If, upon a hearing held pursuant to the notice prescribed above, the
Floodplain Administrator finds that the building or development is in violation
of this article, the Administrator shall issue an order in writing to the owner,
requiring the owner to remedy the violation within a specified time period, not
less than 60 calendar days, nor more than 180 calendar days. Where the
Floodplain Administrator finds that there is imminent danger to life or other
property, the Administrator may order that corrective action be taken in such
lesser period as may be feasible.
D. Appeal
1. Any owner who has received an order to take corrective action may
appeal the order to the Board of Adjustment by giving notice of appeal in
writing to the Floodplain Administrator within 30 days following the written
notice. In the absence of an appeal, the order of the Floodplain
Administrator shall be final. The Board of Adjustment shall hear an
appeal within a reasonable time and may affirm, modify, and affirm, or
revoke the order.
2. Any person aggrieved by the decision of the Board of Adjustment may
appeal such decision to the superior court within 30 days of the signing of
the order of the Board. Such appeal shall be in the nature of certiorari.
E. Failure to Comply with Order
If the owner of a building or property fails to comply with an order to take
corrective action for which no appeal has been made or fails to comply with
an order of the governing body following an appeal, the owner shall be guilty
of a Class 1 misdemeanor pursuant to Section 143-215.58, N.C.G.S., and
shall be punished at the discretion of the court.
9.7.5. VARIANCE PROCEDURES
A. The Board of Adjustment shall hear and decide requests for variances from the
requirements of this article.
B. Any person aggrieved by the decision of the Board of Adjustment may appeal such
decision to the Court, as provided in Chapter 7A, N.C.G.S.
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C. Variances may be issued for:
1. The repair or rehabilitation of historic structures upon the determination
that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and that the variance is the
minimum necessary to preserve the historic character and design of the
structure;
2. Functionally dependent facilities, if determined to meet the definition as
stated in the County’s Stormwater Management Ordinance, provided
subsections 2, 3, and 5 of Section 9.7.5.I, Conditions for Variances, are
satisfied, and such facilities are protected by methods that minimize flood
damages during the base flood and create no additional threats to public
safety; or
3. Any other type of development provided it meets the requirements of this
section.
D. In passing upon variances, the Board of Adjustment shall consider all technical
evaluations, all relevant factors, all standards specified in other sections of this
article, and:
1. The danger that materials may be swept onto other lands to the injury of
others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner;
4. The importance of the services provided by the proposed facility to the
community;
5. The necessity to the facility of a waterfront location as defined in the
County’s Stormwater Management Ordinance, as a functionally
dependent facility, where applicable;
6. The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use;
7. The compatibility of the proposed use with existing and anticipated
development;
8. The relationship of the proposed use to the Comprehensive Plan and
floodplain management program for that area;
9. The safety of access to the property in times of flood for ordinary and
emergency vehicles;
10. The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site; and
11. The costs of providing governmental services during and after flood
conditions including maintenance and repair of public utilities and facilities
such as sewer, gas, electrical and water systems, and streets and
bridges.
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E. A written report addressing each of the above factors shall be submitted with the
application for a variance.
F. Upon consideration of the factors listed above and the purposes of this article, the
Board of Adjustment may attach such conditions to the granting of variances as it
deems necessary to further the purposes and objectives of this article.
G. Any applicant to whom a variance is granted shall be given written notice specifying
the difference between the BFE and the elevation to which the structure is to be
built and that such construction below the BFE increases risks to life and property.
Such notification shall be maintained with a record of all variance actions, including
justification for their issuance.
H. The Floodplain Administrator shall maintain the records of all appeal actions and
report any variances to the FEMA and the State of North Carolina upon request.
I. Conditions for Variances
1. Variances shall not be issued when the variance will make the structure in
violation of other federal, state, or local laws, regulations, or ordinances.
2. Variances shall not be issued within any designated floodway or non-
encroachment area if the variance would result in any increase in flood
levels during the base flood discharge.
3. Variances shall only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
4. Variances shall only be issued prior to floodplain development permit
approval.
5. Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in
exceptional hardship; and
c. A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, or
extraordinary public expense, create nuisance, cause fraud on or
victimization of the public, or conflict with existing local laws or
ordinances.
6. A variance may be issued for solid waste disposal facilities or sites,
hazardous waste management facilities, salvage yards, and chemical
storage facilities that are located in Special Flood Hazard Areas provided
that all of the following conditions are met.
a. The use serves a critical need in the community.
b. No feasible location exists for the use outside the Special Flood
Hazard Area.
c. The reference level of any structure is elevated or floodproofed to at
least the Regulatory Flood Protection Elevation.
d. The use complies with all other applicable federal, state and local
laws.
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e. New Hanover County has notified the Secretary of the North Carolina
Department of Public Safety of its intention to grant a variance at least
30 calendar days prior to granting the variance.
Section 9.8. Provisions for Flood Hazard Reduction
9.8.1. GENERAL STANDARDS
Development in all Special Flood Hazard Areas shall comply with the following:
A. All new construction and substantial improvements shall be designed (or modified)
and adequately anchored to prevent flotation, collapse, and lateral movement of the
structure.
B. All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage in accordance with the
most current version of FEMA Technical Bulletin 2, Flood Damage-Resistant
Materials Requirements, which is incorporated herein by reference.
C. All new construction and substantial improvements shall be constructed by
methods and practices that minimize flood damages.
D. All new electrical, heating, ventilation, plumbing, air conditioning equipment, and
other service equipment shall be located at or above the Regulatory Flood
Protection Elevation (RFPE), or designed and installed to prevent water from
entering or accumulating within the components during the occurrence of the base
flood. These include, but are not limited to, HVAC equipment, water softener units,
bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes,
water heaters, and electric outlets/switches.
E. Replacements part of a substantial improvement, electrical, heating, ventilation,
plumbing, air conditioning equipment, and other service equipment shall also meet
the above provisions.
F. Replacements that are for maintenance and not part of a substantial improvement,
may be installed at the original location, provided the addition and/or improvements
only comply with the standards for new construction consistent with the code and
requirements for the original structure.
G. All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system.
H. New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from the
systems into flood waters.
I. On-site waste disposal systems shall be located and constructed to avoid
impairment to them, or contamination from them, during flooding.
J. Nothing in this article shall prevent the repair, reconstruction, or replacement of a
building or structure existing on the effective date of this ordinance and located
totally or partially within the floodway, non-encroachment area, or stream setback,
provided there is no additional encroachment below the Regulatory Flood
Protection Elevation in the floodway, non-encroachment area, or stream setback,
and provided that such repair, reconstruction, or replacement meets all of the other
requirements of this article.
Unified Development Ordinance | New Hanover County, NC 9-25
K. New solid waste disposal facilities and sites, hazardous waste management
facilities, salvage yards, and chemical storage facilities shall not be permitted,
except by variance in accordance with subsection 6 of Section 9.7.5.I, Conditions
for Variances. A structure or tank for chemical or fuel storage incidental to an
allowed use, or to the operation of a water treatment plant or wastewater treatment
facility, may be located in a Special Flood Hazard Area only if the structure or tank
is either elevated or floodproofed to at least the Regulatory Flood Protection
Elevation (RFPE), and certified in accordance with the provisions of Section
9.7.2.C, Certification Requirements.
L. All subdivision proposals and other development proposals shall be consistent with
the need to minimize flood damage.
M. All subdivision proposals and other development proposals shall have public
utilities and facilities such as sewer, gas, electrical, and water systems located and
constructed to minimize flood damage.
N. All subdivision proposals and other development proposals shall have adequate
drainage provided to reduce exposure to flood hazards.
O. All subdivision proposals and other development proposals shall have received all
necessary permits from those governmental agencies for which approval is
required by federal or state law, including Section 404 of the Federal Water
Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
P. When a structure is partially located in a Special Flood Hazard Area, the entire
structure shall meet the requirements for new construction and substantial
improvements.
Q. When a structure is located in multiple flood hazard zones or in a flood hazard risk
zone with multiple base flood elevations, the provisions for the more restrictive flood
hazard risk zone and the highest Base Flood Elevation (BFE) shall apply.
9.8.2. SPECIFIC STANDARDS
In all Special Flood Hazard Areas where BFE data has been provided, the following
provisions, in addition to the provisions of Section 9.8.1, General Standards, are
required:
A. Residential Construction
New construction and substantial improvement of any residential structure
(including manufactured homes) shall have the reference level, including
basement, elevated no lower than the Regulatory Flood Protection Elevation
(RFPE).
B. Non-Residential Construction
New construction and substantial improvement of any commercial, industrial,
or other non-residential structure shall have the reference level, including
basement, elevated no lower than the Regulatory Flood Protection Elevation
(RFPE). Structures located in Zones A, AE, AH, AO, or A99 may be
floodproofed to the Regulatory Flood Protection Elevation in-lieu of elevation,
provided that all areas of the structure, together with attendant utility and
sanitary facilities, below the Regulatory Flood Protection Elevation, are
watertight with walls substantially impermeable to the passage of water, using
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structural components having the capability of resisting hydrostatic and
hydrodynamic loads and the effect of buoyancy. For AO Zones, the
floodproofing elevation shall be in accordance with 9.8.8, Standards for Areas
of Shallow Flooding (Zone AO). A registered professional engineer or
architect shall certify that the floodproofing standards of this subsection are
satisfied. Such certification shall be provided to the Floodplain Administrator,
along with the operational plan and the inspection and maintenance plan.
C. Manufactured Homes
1. New and replacement manufactured homes shall be elevated so that the
reference level of the manufactured home is no lower than the Regulatory
Flood Protection Elevation (RFPE).
2. Manufactured homes shall be securely anchored to an adequately
anchored foundation to resist flotation, collapse, and lateral movement,
either by a certified engineered foundation system, or in accordance with
the most current edition of the State of North Carolina Regulations for
Manufactured Homes adopted by the Commissioner of Insurance in
accordance with N.C.G.S. § 143-143.15. Additionally, when the elevation
would be met by an elevation of the chassis 36 inches or less above the
grade at the site, the chassis shall be supported by reinforced piers or
engineered foundation. When the elevation of the chassis is above 36
inches in height, an engineering certification is required.
3. All enclosures or skirting below the lowest floor shall meet the
requirements of Section 9.8.2.D, Elevated Buildings.
4. An evacuation plan must be developed for evacuation of all residents of
all new, substantially improved or substantially damaged manufactured
home parks or subdivisions located within flood prone areas. This plan
shall be filed with and approved by the Floodplain Administrator and the
local Emergency Management Coordinator.
D. Elevated Buildings
The fully enclosed area of new construction and substantially improved
structures, which is below the lowest floor or below the lowest horizontal
structural member in VE zones:
1. Shall not be designed or used for human habitation, but shall only be
used for parking of vehicles, building access, or limited storage of
maintenance equipment used in connection with the premises. Access to
the enclosed area shall be the minimum necessary to allow for parking of
vehicles (garage door) or limited storage of maintenance equipment
(standard exterior door), or entry to the living area (stairway or elevator).
The interior portion of such enclosed area shall not be finished or
partitioned into separate rooms, except to enclose storage areas;
2. Shall not be temperature-controlled or conditioned with equipment below
the Regulatory Flood Protection Elevation.
3. Shall be constructed entirely of flood resistant materials, at least to the
Regulatory Flood Protection Elevation; and
Unified Development Ordinance | New Hanover County, NC 9-27
4. Shall include, in Zones A, AE, AH, AO, and A99, flood openings to
automatically equalize hydrostatic flood forces on walls by allowing for the
entry and exit of floodwaters. To meet this requirement, the openings
must either be certified by a professional engineer or architect, or meet or
exceed the following minimum design criteria:
a. A minimum of two flood openings on different sides of each enclosed
area subject to flooding;
b. The total net area of all flood openings must be at least one square
inch for each square foot of enclosed area subject to flooding;
c. If a building has more than one enclosed area, each enclosed area
must have flood openings to allow floodwaters to automatically enter
and exit;
d. The bottom of all required flood openings shall be no higher than one
foot above the higher of the interior or exterior adjacent grade;
e. Flood openings may be equipped with screens, louvers, or other
coverings or devices, provided they permit the automatic flow of
floodwaters in both directions; and
f. Enclosures made of flexible skirting are not considered enclosures for
regulatory purposes, and, therefore, do not require flood openings.
Masonry or wood underpinning, regardless of structural status, is
considered an enclosure and requires flood openings as outlined
above.
5. Shall, in Coastal High Hazard Areas (Zone VE), either be free of
obstruction or constructed with breakaway walls, open wood, plastic or
other latticework or insect screening, provided they are not part of the
structural support of the building and are designed so as to breakaway,
under abnormally high tides or wave action without causing damage to
the elevated portion of the building or supporting foundation system or
otherwise jeopardizing the structural integrity of the building. The
following design specifications shall be met:
a. Material shall consist of open wood, plastic, or other latticework or
insect screening; or
b. Breakaway walls shall meet the following design specifications:
1. Breakaway walls may have flood openings that allow for the
automatic entry and exit of floodwaters to minimize damage
caused by hydrostatic loads, in accordance with subsections a
through f of Section 9.8.2.D.4 above; and
2. Design safe loading resistance shall be not less than 10 nor more
than 20 pounds per square foot; or
3. Breakaway walls that exceed a design safe loading resistance of
20 pounds per square foot (either by design or when so required
by state or local codes) shall be certified by a registered
professional engineer or architect that the breakaway wall will
collapse from a water load less than that which would occur during
the base flood event, and the elevated portion of the building and
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supporting foundation system shall not be subject to collapse,
displacement, or other structural damage due to the effects of
wind and water loads acting simultaneously on all building
components (structural and non-structural). The water loading
values used shall be those associated with the base flood. The
wind loading values used shall be those required by the North
Carolina State Building Code.
c. For concrete pads, including patios, decks, parking pads, walkways,
driveways, pool decks, etc. the following is required:
1. Shall be structurally independent of the primary structural
foundation system of the structure and shall not adversely affect
structures through redirection of floodwaters or debris; and
2. Shall be constructed to breakaway cleanly during design flood
conditions, shall be frangible, and shall not produce debris
capable of causing damage to any structure. (The installation of
concrete in small segments (approximately four feet x four feet)
that will easily break up during the base flood event, or score
concrete in four feet x four feet maximum segments is acceptable
to meet this standard).
3. Reinforcing, including welded wire fabric, shall not be used in
order to minimize the potential for concreted pads being a source
of debris; and
i. Pad thickness shall not exceed four inches; or
ii. Provide a Design Professional’s certification stating the
design and method of construction to be used meet the
applicable criteria of this section.
4. The provisions above shall not apply to non-residential or multi-
family construction that is designed by a professional engineer
and constructed with self-supporting structural slabs capable of
remaining intact and functional under base flood conditions,
including expected erosion.
E. Fill/Grading
1. Minor grading and the placement of minor quantities of nonstructural fill
may be permitted for landscaping and for drainage purposes under and
around buildings and for support of parking slabs, pool decks, patios, and
walkways.
2. The fill material must be similar and consistent with the natural soils in the
area.
3. The placement of site-compatible, non-structural, fill under or around an
elevated building is limited to two feet. Fill greater than two feet must
include an analysis prepared by a qualified registered design professional
demonstrating no harmful diversion of floodwaters or wave run-up, and
Unified Development Ordinance | New Hanover County, NC 9-29
wave reflection that would increase damage to adjacent elevated
buildings and structures.
4. Nonstructural fill with finished slopes that are steeper than five units
horizontal to one unit vertical shall be permitted only if an analysis
prepared by a qualified registered design professional demonstrates no
harmful diversion of floodwaters or wave runup and wave reflection that
would increase damage to adjacent elevated buildings and structures.
F. Additions/Improvements.
1. Additions and/or improvements to pre-Flood Insurance Rate Map (FIRM)
structures when the addition and/or improvements in combination with
any interior modifications to the existing structure are:
a. Not a substantial improvement, the addition and/or improvements
must be designed to minimize flood damages and must not be any
more nonconforming than the existing structure.
b. A substantial improvement, with
modifications/rehabilitations/improvements to the existing structure or
the common wall is structurally modified more than installing a
doorway, both the existing structure and the addition must comply
with the standards for new construction.
2. Additions to pre-FIRM or post-FIRM structures that are a substantial
improvement with no modifications/rehabilitations/improvements to the
existing structure other than a standard door in the common wall, shall
require only the addition to comply with the standards for new
construction.
3. Additions and/or improvements to post-FIRM structures when the addition
and/or improvements in combination with any interior modifications to the
existing structure are:
a. Not a substantial improvement, the addition and/or improvements only
must comply with the standards for new construction consistent with
the code and requirements for the original structure.
b. A substantial improvement, both the existing structure and the
addition and/or improvements must comply with the standards for new
construction.
4. Any combination of repair, reconstruction, rehabilitation, addition or
improvement of a building or structure taking place during a five year
period, the cumulative cost of which equals or exceeds 50 percent of the
market value of the structure before the improvement or repair is started,
must comply with the standards for new construction. For each building
or structure, the five year period begins on the date of the first
improvement or repair of that building or structure. Substantial damage
also means flood-related damage sustained by a structure on two
separate occasions during a ten year period for which the cost of repairs
at the time of each such flood event, on the average, equals or exceeds
25 percent of the market value of the structure before the damage
occurred. If the structure has sustained substantial damage, any repairs
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are considered substantial improvement regardless of the actual repair
work performed. The requirement does not, however, include either:
a. Any project for improvement of a building required to correct existing
health, sanitary, or safety code violations identified by the Building
Official and that are the minimum necessary to assume safe living
conditions.
b. Any alteration of a historic structure, provided that the alteration will
not preclude the structure’s continued designation as a historic
structure.
G. Recreational Vehicles
Recreational vehicles shall comply with either the standards for temporary
placement or the standards for permanent placement as follows:
1. Temporary Placement
a. Be on site for fewer than 180 consecutive days; or
b. Be fully licensed and ready for highway use. (A recreational vehicle is
ready for highway use if it is on its wheels or jacking system, is
attached to the site only by quick disconnect type utilities, and has no
permanently attached additions.)
2. Permanent Placement
Recreational vehicles that do not meet the limitations of Temporary
Placement shall meet all the requirements for new construction.
H. Temporary Non-Residential Structures
Prior to the issuance of a Floodplain Development Permit for a temporary
structure, the applicant must submit to the Floodplain Administrator a plan for
the removal of such structure(s) in the event of a hurricane, flash flood, or
other type of flood warning notification. The following information shall be
submitted in writing to the Floodplain Administrator for review and written
approval:
1. A specified time period for which the temporary use will be permitted.
Time specified may not exceed three months, renewable up to one year;
2. The name, address, and phone number of the individual responsible for
the removal of the temporary structure;
3. The time frame prior to the event at which a structure will be removed
(i.e., minimum of 72 hours before landfall of a hurricane or immediately
upon flood warning notification);
4. A copy of the contract or other suitable instrument with the entity
responsible for physical removal of the structure; and
5. Designation, accompanied by documentation, of a location outside the
Special Flood Hazard Area, to which the temporary structure will be
moved.
Unified Development Ordinance | New Hanover County, NC 9-31
I. Accessory Structures
1. When accessory structures (sheds, detached garages, etc.) are to be
placed within a Special Flood Hazard Area, the following criteria shall be
met:
a. Accessory structures shall not be used for human habitation (including
working, sleeping, living, cooking, or restroom areas);
b. Accessory structures shall not be temperature-controlled;
c. Accessory structures shall be designed to have low flood damage
potential;
d. Accessory structures shall be constructed and placed on the building
site so as to offer the minimum resistance to the flow of floodwaters;
e. Accessory structures shall be firmly anchored in accordance with the
provisions of Section 9.8.1.A;
f. All service facilities such as electrical shall be installed in accordance
with the provisions of Section 9.8.1.D; and
g. Flood openings to facilitate automatic equalization of hydrostatic flood
forces shall be provided below Regulatory Flood Protection Elevation
in conformance with the provisions of Section 9.8.2.D.4.
2. An accessory structure with a footprint less than 150 square feet or that is
a minimal investment of $3,000 or less and satisfies the criteria outlined
above is not required to meet the elevation or flood-proofing standards of
Section 9.8.2.D.2. Elevation or floodproofing certifications are required
for all other accessory structures in accordance with Section 9.7.2.C,
Certification Requirements.
J. Tanks
When gas and liquid storage tanks are to be placed within a Special Flood
Hazard Area, the following criteria shall be met:
1. Underground tanks. Underground tanks in flood hazard areas shall be
anchored to prevent flotation, collapse, or lateral movement resulting from
hydrodynamic and hydrostatic loads during conditions of the design flood,
including the effects of buoyancy assuming the tank is empty;
2. Above-ground tanks, elevated. Above-ground tanks in flood hazard areas
shall be elevated to or above the Regulatory Flood Protection Elevation
on a supporting structure that is designed to prevent flotation, collapse, or
lateral movement during conditions of the design flood. Tank-supporting
structures shall meet the foundation requirements of the applicable flood
hazard area;
3. Above-ground tanks, not elevated. Above-ground tanks that do not meet
the elevation requirements of Section 9.8.2.D.2 shall be permitted in flood
hazard areas provided the tanks are designed, constructed, installed, and
anchored to resist all flood-related and other loads, including the effects
of buoyancy, during conditions of the design flood and without release of
contents in the floodwaters or infiltration by floodwaters into the tanks.
Tanks shall be designed, constructed, installed, and anchored to resist
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the potential buoyant and other flood forces acting on an empty tank
during design flood conditions.
4. Tank inlets and vents. Tank inlets, fill openings, outlets, and vents shall
be:
a. At or above the Regulatory Flood Protection Elevation, or fitted with
covers designed to prevent the inflow of floodwater or outflow of the
contents of the tanks during conditions of the design flood; and
b. Anchored to prevent lateral movement resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy, during
conditions of the design flood.
K. Other Development
1. Fences in regulated floodways and Non-Encroachment Areas (NEAs) that
have the potential to block the passage of floodwaters, such as stockade
fences and wire mesh fences, shall meet the limitations of Section 9.8.5,
Floodways and Non-Encroachment Areas.
2. Retaining walls, sidewalks, and driveways in regulated floodways and
NEAs. Retaining walls and sidewalks and driveways that involve the
placement of fill in regulated floodways shall meet the limitations of
Section 9.8.5, Floodways and Non-Encroachment Areas.
3. Roads and watercourse crossings in regulated floodways and NEAs.
Roads and watercourse crossings, including roads, bridges, culverts, low-
water crossings, and similar means for vehicles or pedestrians to travel
from one side of a watercourse to the other side, that encroach into
regulated floodways shall meet the limitations of Section 9.8.5, Floodways
and Non-Encroachment Areas.
9.8.3. STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD
ELEVATIONS
Within the Special Flood Hazard Areas designated as Approximate Zone A and
established in Section 9.6.1, Applicability and Basis for Special Flood Hazard
Areas, where no BFE data has been provided by FEMA, the following provisions,
in addition to the provisions of Section 9.8.2.D, Elevated Buildings, shall apply:
A. No encroachments, including fill, new construction, substantial improvements, or
new development shall be permitted within a distance of 20 feet each side from top
of bank or five times the width of the stream, whichever is greater, unless
certification with supporting technical data by a registered professional engineer is
provided demonstrating that such encroachments shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
B. The BFE used in determining the Regulatory Flood Protection Elevation shall be
determined based on the following criteria:
1. When BFE data is available from other sources, all new construction and
substantial improvements within such areas shall also comply with all
applicable provisions of this article, and shall be elevated or floodproofed
in accordance with standards in Sections 9.8.1, General Standards, and
9.8.2, Specific Standards.
Unified Development Ordinance | New Hanover County, NC 9-33
2. When floodway or non-encroachment data is available from a Federal,
state, or other source, all new construction and substantial improvements
within floodway and non-encroachment areas shall also comply with the
requirements of Section 9.8.2, Specific Standards, and Section 9.8.5,
Floodways and Non-Encroachment Areas.
3. All subdivision, manufactured home park, and other development
proposals shall provide BFE data if development is greater than five acres
or has more than 50 lots/manufactured home sites. Such BFE data shall
be adopted by reference in accordance with Section 9.8.2, Specific
Standards, and utilized in implementing this article.
4. When BFE data is not available from a Federal, state, or other source as
outlined above, the reference level shall be elevated or floodproofed
(nonresidential) to or above the Regulatory Flood Protection Elevation. All
other applicable provisions of Section 9.8.2, Specific Standards, shall also
apply.
9.8.4. STANDARDS FOR RIVERINE FLOODPLAINS WITH BASE FLOOD
ELEVATIONS BUT WITHOUT ESTABLISHED FLOODWAYS OR NON-
ENCROACHMENT AREAS
Along rivers and streams where BFE data is provided by FEMA or is available from
another source, but neither floodway nor non-encroachment areas are identified for
a Special Flood Hazard Area on the FIRM or in the FIS report, the following
requirements shall apply to all development within such areas:
A. Compliance with the standards in Sections 9.8.1, General Standards, and 9.8.2,
Specific Standards; and
B. Until a regulatory floodway or non-encroachment area is designated, no
encroachments, including fill, new construction, substantial improvements, or other
development, shall be permitted unless certification with supporting technical data
by a registered professional engineer is provided demonstrating that the cumulative
effect of the proposed development, when combined with all other existing and
anticipated development, will not increase the water surface elevation of the base
flood more than one foot at any point within the community.
9.8.5. FLOODWAYS AND NON-ENCROACHMENT AREAS
Areas designated as floodways or non-encroachment areas are located within the
Special Flood Hazard Areas. The floodways and non-encroachment areas are
extremely hazardous areas due to the velocity of floodwaters that have erosion
potential and carry debris and potential projectiles. The following provisions, in
addition to standards outlined in Sections 9.8.1, General Standards, and 9.8.2,
Specific Standards, shall apply to all development within such areas:
A. No encroachments, including fill, new construction, substantial improvements, and
other developments, shall be permitted unless:
1. It is demonstrated that the proposed encroachment would not result in
any increase in the flood levels during the occurrence of the base flood
discharge, based on hydrologic and hydraulic analyses performed in
accordance with standard engineering practice and presented to the
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Floodplain Administrator prior to issuance of a Floodplain Development
Permit; or
2. A Conditional Letter of Map Revision (CLOMR) has been approved by
FEMA. A Letter of Map Revision (LOMR) must also be obtained within
six months of completion of the proposed encroachment.
B. If subsection A above, is satisfied, all development shall comply with all applicable
flood hazard reduction provisions of this article.
C. Manufactured homes may be permitted provided the following provisions are met:
1. The manufactured home complies with the anchoring and the elevation
standards of Section 9.8.2.C, Manufactured Homes; and
2. The encroachment standards of subsection A above.
9.8.6. COASTAL HIGH HAZARD AREA (ZONE VE).
Coastal High Hazard Areas are Special Flood Hazard Areas and designated as
Zones VE. These areas have special flood hazards associated with high velocity
waters from storm surges or seismic activity and, therefore, all new construction
and substantial improvements shall meet the following provisions in addition to the
provisions of Sections 9.8.1, General Standards, and 9.8.2, Specific Standards:
A. All new construction and substantial improvements shall:
1. Be located landward of the reach of mean high tide;
2. Comply with all applicable Coastal Area Management Act (CAMA)
setback requirements.
B. All new construction and substantial improvements shall be elevated so that the
bottom of the lowest horizontal structural member of the lowest floor (excluding
pilings or columns) is no lower than the regulatory flood protection elevation.
Floodproofing shall not be utilized on any structures in Coastal High Hazard Areas
to satisfy the regulatory flood protection elevation requirements.
C. All new construction and substantial improvements shall have the space below the
bottom of the lowest horizontal structural member of the lowest floor free of
obstruction, so as not to impede the flow of flood waters, with the following
exceptions:
1. Open wood, plastic, or other latticework or insect screening may be
permitted below the lowest floor for aesthetic purposes only, and must be
designed to wash away in the event of wave impact and in accordance
with the provisions of Section 9.8.2.D.5.a. Design plans shall be
submitted in accordance with the provisions of Section 9.7.2.A.4.c.2; or
2. Breakaway walls may be permitted provided they meet the criteria set
forth in Section 9.8.2.D.1,2,3, and 9.8.2.D.5.b. Design plans shall be
submitted in accordance with the provisions of Section 9.7.2.A.4.c.1.
D. All new construction and substantial improvements shall be securely anchored to
pile or column foundations. All pilings and columns and the structure attached
thereto shall be anchored to resist flotation, collapse, and lateral movement due to
the effect of wind and water loads acting simultaneously on all building
components.
Unified Development Ordinance | New Hanover County, NC 9-35
1. Water loading values used shall be those associated with the base flood.
2. Wind loading values used shall be those required by the current edition of
the North Carolina State Building Code.
E. For concrete pads, including patios, decks, parking pads, walkways, driveways,
pool decks, etc. the following is required:
1. They shall be structurally independent of the primary structural foundation
system of the structure and shall not adversely affect structures through
redirection of floodwaters or debris; and
2. Shall be constructed to breakaway cleanly during design flood conditions,
shall be frangible, and shall not produce debris capable of causing
damage to any structure. (The installation of concrete in small segments
(approximately four feet x four feet) that will easily break up during the
base flood event, or score concrete in four feet x four feet maximum
segments is acceptable to meet this standard); and
3. Reinforcing, including welded wire fabric, shall not be used in order to
minimize the potential for concreted pads being a source of debris; and
4. Pad thickness shall not exceed four inches; or
5. Provide a design professional’s certification stating the design and
method of construction to be used meet the applicable criteria of this
section.
6. The provisions above shall not apply to non-residential or multi-family
construction that is designed by a professional engineer and constructed
with self-supporting structural slabs capable of remaining intact and
functional under base flood conditions, including expected erosion.
F. Swimming pools and spas shall comply with the following:
1. Be designed to withstand all flood-related loads and load combinations.
2. Be elevated so that the lowest horizontal structural member is elevated
above the Regulatory Floodplain Elevation (RFPE); or
3. Be designed and constructed to break away during design flood
conditions without producing debris capable of causing damage to any
structure; or
4. Be sited to remain in the ground during design flood conditions without
obstructing flow that results in damage to any structure.
5. Registered design professionals must certify to the Floodplain
Administrator that a pool or spa beneath or near a VE Zone building will
not be subject to flotation or displacement that will damage building
foundations or elevated portions of the building or any nearby buildings
during a coastal flood.
6. Pool equipment shall be located above the RFPE whenever practicable.
Pool equipment shall not be located beneath an elevated structure.
G. All elevators, vertical platform lifts, chair lifts, etc., shall comply with the following:
1. Elevator enclosures must be designed to resist hydrodynamic and
hydrostatic forces, as well as erosion, scour, and waves.
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2. Utility equipment in Coastal High Hazard Areas (VE Zones) must not be
mounted on, pass through, or be located along breakaway walls.
3. The cab, machine/equipment room, hydraulic pump, hydraulic reservoir,
counter weight and roller guides, hoist cable, limit switches, electric hoist
motor, electrical junction box, circuit panel, and electrical control panel
are all required to be above RFPE. When this equipment cannot be
located above the RFPE, it must be constructed using flood damage-
resistant components.
4. Elevator shafts/enclosures that extend below the RFPE shall be
constructed of reinforced masonry block or reinforced concrete walls to
provide increased protection from flood damage. Drainage must be
provided for the elevator pit.
5. Flood damage-resistant materials can also be used inside and outside the
elevator cab to reduce flood damage. Only stainless steel doors and door
frames shall be used below the BFE. Grouting in of door frames and sills
is recommended.
6. If an elevator is designed to provide access to areas below the BFE, it
shall be equipped with a float switch system that will activate during a
flood and send the elevator cab to a floor above the RFPE.
H. A registered professional engineer or architect shall certify that the design,
specifications, and plans for construction are in compliance with the provisions of
Section 9.8.2, Specific Standards, and Section 9.8.6.C. and D on the current
version of the North Carolina V-Zone Certification form or equivalent local version.
I. Fill/Grading
1. Minor grading and the placement of minor quantities of nonstructural fill
may be permitted for landscaping and for drainage purposes under and
around buildings and for support of parking slabs, pool decks, patios, and
walkways.
2. The fill material must be similar and consistent with the natural soils in the
area.
3. The placement of site-compatible, non-structural fill under or around an
elevated building is limited to two feet. Fill greater than two feet must
include an analysis prepared by a qualified registered design professional
demonstrating no harmful diversion of floodwaters or wave run-up and
wave reflection that would increase damage to adjacent elevated
buildings and structures.
4. Nonstructural fill with finished slopes that are steeper than five units
horizontal to one unit vertical shall be permitted only if an analysis
prepared by a qualified registered design professional demonstrates no
harmful diversion of floodwaters or wave runup and wave reflection that
would increase damage to adjacent elevated buildings and structures.
J. There shall be no alteration of sand dunes or mangrove stands which would
increase potential flood damage.
K. No manufactured homes shall be permitted except in an existing manufactured
home park or subdivision. A replacement manufactured home may be placed on a
Unified Development Ordinance | New Hanover County, NC 9-37
lot in an existing manufactured home park or subdivision, provided the anchoring
and elevation standards of this section have been satisfied.
L. Recreational vehicles may be permitted in Coastal High Hazard Areas provided that
they meet the recreational vehicle criteria of Section 9.8.2.G.1.
M. A deck that is structurally attached to a building or structure shall have the bottom
of the lowest horizontal structural member at or above the Regulatory Flood
Protection Elevation and any supporting members that extend below the Regulatory
Flood Protection Elevation shall comply with the foundation requirements that apply
to the building or structure, which shall be designed to accommodate any increased
loads resulting from the attached deck. The increased loads must be considered in
the design of the primary structure and included in the V-Zone Certification required
under Section 9.7.2.C.6.
N. A deck or patio that is located below the Regulatory Flood Protection Elevation
shall be structurally independent from buildings or structures and their foundation
systems, and shall be designed and constructed either to remain intact and in place
during design flood conditions or to break apart into small pieces to minimize debris
during flooding that is capable of causing structural damage to the building or
structure or to adjacent buildings and structures.
O. In Coastal High Hazard Areas, development activities other than buildings and
structures shall be permitted only if they are also authorized by the appropriate
state or local authority; if located outside the footprint of, and not structurally
attached to, buildings and structures; and if analyses prepared by qualified
registered design professionals demonstrate no harmful diversion of floodwaters or
wave runup and wave reflection that would increase damage to adjacent buildings
and structures. Such other development activities include but are not limited to:
1. Bulkheads, seawalls, retaining walls, revetments, and similar erosion
control structures;
2. Solid fences and privacy walls, and fences prone to trapping debris,
unless designed and constructed to fail under flood conditions less than
the design flood, or otherwise function to avoid obstruction of floodwaters.
9.8.7. STANDARDS FOR COASTAL A ZONES (ZONE CAZ) LIMWA
Structures in Coastal A Zones (CAZs) shall be designed and constructed to meet V
Zone requirements, including requirements for breakaway walls. However, the
National Flood Insurance Program (NFIP) regulations also require flood openings in
walls surrounding enclosures below elevated buildings in CAZs (see Technical
Bulletin 1, Openings in Foundation Walls and Walls of Enclosures). Breakaway
walls used in CAZs must have flood openings that allow for the automatic entry and
exit of floodwaters to minimize damage caused by hydrostatic loads. Openings also
function during smaller storms, or if anticipated wave loading does not occur, with
the base flood.
A. All new construction and substantial improvements shall be elevated so that the
bottom of the lowest horizontal structural member of the lowest floor (excluding
pilings or columns) is no lower than the regulatory flood protection elevation.
Floodproofing shall not be utilized on any structures in CAZs to satisfy the
regulatory flood protection elevation requirements.
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B. All new construction and substantial improvements shall have the space below the
lowest horizontal structural member free of obstruction so as not to impede the flow
of flood waters, with the following exceptions:
1. Open wood, plastic or other latticework or insect screening may be
permitted below the lowest floor for aesthetic purposes only, and must be
designed to wash away in the event of wave impact and in accordance
with the provisions of Section 9.8.2.D.5.a. Design plans shall be
submitted in accordance with the provisions of Section 9.7.2.A.4.c.2; or
2. Breakaway walls may be permitted provided they meet the criteria set
forth in Section 9.8.2.D.5.b. Design plans shall be submitted in
accordance with the provisions of Section 9.7.2.A.4.c.2.
C. All new construction and substantial improvements shall include, in CAZs, flood
openings to automatically equalize hydrostatic flood forces on walls by allowing for
the entry and exit of floodwaters. To meet this requirement, the openings must
either be certified by a professional engineer or architect or meet or exceed the
design criteria in Section 9.8.2.D.4.
D. Concrete pads, including patios, decks, parking pads, walkways, driveways, etc.
must meet the provisions of Section 9.8.6.E.
E. All new construction and substantial improvements shall meet the provisions of
Section 9.8.6.C.
F. A registered professional engineer or architect shall certify that the design,
specifications and plans for construction are in compliance with the provisions of
Section 9.7.2, Floodplain Development Application, Permit and Certification, and
Section 9.8.6.C and D, on the current version of the North Carolina V-Zone
Certification form or a locally developed V-Zone Certification form.
G. Recreational vehicles may be permitted in Coastal A Zones provided that they meet
the Recreational Vehicle criteria of Section 9.8.2.G.1.
H. Fill/Grading must meet the provisions of Section 9.8.2.K.
I. Decks and patios must meet the provisions of Section 9.8.6.M and N.
J. In Coastal High Hazard Areas, development activities other than buildings and
structures must meet the provisions of Section 9.8.6.O.
9.8.8. STANDARDS FOR AREAS OF SHALLOW FLOODING (ZONE AO)
Located within the Special Flood Hazard Areas, are areas designated as shallow
flooding areas. These areas have special flood hazards associated with base flood
depths of one to three feet where a clearly defined channel does not exist, and
where the path of flooding is unpredictable and indeterminate. In addition to
Sections 9.8.1, General Standards, and 9.8.2, Specific Standards, all new
construction and substantial improvements shall meet the following requirements:
A. The reference level shall be elevated at least as high as the depth number specified
on the Flood Insurance Rate Map (FIRM), in feet, plus a freeboard of two feet,
above the highest adjacent grade; or at least two feet above the highest adjacent
grade if no depth number is specified.
B. Non-residential structures may, in-lieu of elevation, be floodproofed to the same
level as required in subsection A of this section, so that the structure, together with
Unified Development Ordinance | New Hanover County, NC 9-39
attendant utility and sanitary facilities, below that level shall be watertight with walls
substantially impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. Certification is required in accordance with Section 9.7.2.B, Permit
Requirements, and Section 9.8.2.B, Non-Residential Construction.
C. Adequate drainage paths shall be provided around structures on slopes, to guide
floodwaters around and away from proposed structures.
9.8.9. EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTING FLOOD
DAMAGE PREVENTION ORDINANCE
This ordinance in part comes forward by re-enactment of some of the provisions of
the Flood Damage Prevention Ordinance enacted April 3, 1978 as amended, and it
is not the intention to repeal but rather to re-enact and continue to enforce without
interruption of such existing provisions, so that all rights and liabilities that have
accrued thereunder are reserved and may be enforced. The enactment of this
ordinance shall not affect any action, suit or proceeding instituted or pending. All
provisions of the Flood Damage Prevention Ordinance of New Hanover County
enacted on April 3, 1978, as amended, which are not reenacted herein are
repealed. The date of the initial Flood Damage Prevention Ordinance for each
municipal jurisdiction within New Hanover County is as follows: City of Wilmington:
April 4, 1978; Town of Carolina Beach: May 12, 1987; Town of Kure Beach:
January 6, 1982; Town of Wrightsville Beach: November 21, 1974.
9.8.10. EFFECT UPON OUTSTANDING FLOODPLAIN DEVELOPMENT PERMITS
Nothing herein contained shall require any change in the plans, construction, size,
or designated use of any development or any part thereof for which a Floodplain
Development Permit has been granted by the Floodplain Administrator or a
professional-level designee, before the passage of this ordinance; provided,
however, that when construction is not begun under such outstanding permit within
a period of six months subsequent to the date of issuance of the permit,
construction or use shall be in conformity with the provisions of this article.
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Article 10: Administrative Procedures
Section 10.1. Advisory and Decision-Making Bodies
10.1.1. GENERAL
A. The following bodies and County staff have powers and responsibilities in
administering and reviewing development applications under this Ordinance:
1. Board of Commissioners;
2. Planning Board;
3. Board of Adjustment;
4. Technical Review Committee (TRC);
5. Planning Director;
6. Building Safety Director; and
7. County Engineer.
B. Table 10.1.1: Summary Table of Development Review Responsibilities,
summarizes the specific review responsibilities of advisory and decision-making
bodies and County staff for each type of development approval or permit.
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10.1.2. BOARD OF COMMISSIONERS
To exercise the authority granted to the Board of Commissioners by state law, the
Board shall have the following powers and duties under this Ordinance:
A. To review and make a decision on applications for the following:
1. Text amendments (Section 10.3.1);
2. Zoning map amendments (Section 10.3.2);
3. Conditional zonings (Section 10.3.3);
4. Planned developments (Section 10.3.4); and
5. Special use permits (Section 10.3.5).
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B. To adopt a schedule of fees governing applications for development approvals and
permits reviewed under this Ordinance, and civil penalties for violations of this
Ordinance; and
C. To take any other action not delegated to the Planning Board, Board of Adjustment,
Technical Review Committee (TRC), Planning Director, Building Safety Director, or
County Engineer as the Board of Commissioners may deem desirable and
necessary to implement the provisions of this Ordinance, in accordance with state
law.
D. To enter into private development agreements as provided in NCGS 153A-Part 3A
after conducting a public hearing. These development agreements may require a
commitment of public and private resources for large scale projects containing at
least 25 acres or more exclusive of wetlands, mandatory buffers, and other portions
of the property precluded from development. In entering into such agreements, the
County may not exercise any authority or make any commitment not authorized by
general or local act and may not impose any tax or fee not authorized by otherwise
applicable law.
10.1.3. PLANNING BOARD
The Planning Board is hereby established in accordance with state law.
A. Powers and Duties
The Planning Board shall have the following powers and duties:
1. To review and make a recommendation on the following applications:
a. Text amendments (Section 10.3.1);
b. Zoning map amendments (Section 10.3.2);
c. Conditional zonings (Section 10.3.3);
d. Planned Developments (Section 10.3.4);
e. Special use permits (Section 10.3.5); and
f. Subdivision variances (Section 10.3.11).
2. To make recommendations to the Board of Commissioners on studies,
plans, and ordinances regarding growth, development, and
redevelopment in the County, including comprehensive land use plans
and development regulations; and
3. Any other powers and duties delegated to it by the Board of
Commissioners, consistent with state law.
B. Membership, Appointment, and Terms of Office
1. The Planning Board shall consist of seven members appointed by the
Board of Commissioners.
2. Planning Board members shall be residents of the County.
3. Planning Board members shall be appointed to three-year, staggered
terms, except that in case of vacancy occurring during a term, the same
shall be filled by the Board of Commissioners for the unexpired portion of
such term.
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4. Planning Board members shall be appointed to three-year terms that are
staggered such that the terms of not more than three members expire in
any given year. Members may be appointed to successive terms without
limitation.
5. The Board of Commissioners shall appoint Planning Board members to
fill vacancies occurring for reasons other than expiration of terms for the
period of the unexpired term only.
6. Any Planning Board member may be removed at any time with or without
cause by the Board of Commissioners.
C. Officers and Rules of Procedure
The Planning Board shall elect its own officers and shall adopt the rules of
procedure under which it will operate, including establishing the time(s) and
place(s) of meetings. Copies of the rules of procedure shall be made
available for public inspection in the Planning Department.
D. Staff
The Planning Director shall serve as the professional staff liaison to the
Planning Board and provide it with administrative support.
E. Meetings
1. Regular meetings of the Planning Board shall be open to the public.
There shall be no secret or executive meetings.
2. The Planning Board shall keep minutes of its meetings, in which shall be
recorded all actions taken by the Board on all matters considered. Such
minutes shall be public records.
10.1.4. BOARD OF ADJUSTMENT
The Board of Adjustment is hereby established in accordance with state law.
A. Powers and Duties
The Board of Adjustment shall have the following powers and duties:
1. To review and make a decision on the following:
a. Zoning variances (Section 10.3.11);
b. Reasonable accommodations (Section 10.3.13); and
c. Appeals of administrative decisions made under authority of this
Ordinance (including interpretations) (Section 10.3.13); and
2. Any other powers and duties delegated to it by the Board of
Commissioners, consistent with state law.
B. Membership, Appointment, and Terms of Office
1. The Board of Adjustment shall consist of five regular members and three
alternate members, appointed by the Board of Commissioners.
2. Members of the Board of Adjustment shall be residents of the County.
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3. Members of the Board of Adjustment shall be appointed to three-year
terms that are staggered such that the terms of not more than two regular
members and one alternate member expire in any given year. Members
may be appointed to successive terms without limitation.
4. The Board of Commissioners shall appoint Board of Adjustment members
to fill vacancies occurring for reasons other than expiration of terms for
the period of the unexpired term only.
5. Any Board of Adjustment member may be removed for cause by the
Board of Commissioners upon written charges and after a public hearing.
C. Officers and Rules of Procedure
1. The Board of Adjustment shall elect one of its members as Chair and
another as Vice Chair, each of whom shall serve one-year terms.
2. The Board of Adjustment shall adopt the rules of procedure under which it
will operate, including establishing the time(s) and place(s) of meetings.
Copies of the rules of procedure shall be made available for public
inspection in the Planning Department.
D. Staff
The Planning Director shall serve as the professional staff liaison to the
Board of Adjustment and provide it with administrative support.
E. Meetings
1. Regular meetings of the Board of Adjustment shall be open to the public.
2. The Board of Adjustment shall keep minutes of its meetings, in which
shall be recorded all actions taken by the Board of Adjustment, including
the vote of each member upon every question, or indicating the member’s
absence or failure to vote, and all records of its examination and any
other official actions. Such minutes shall be public records.
10.1.5. TECHNICAL REVIEW COMMITTEE (TRC)
The Technical Review Committee (TRC) is hereby established in accordance with
state law.
A. Powers and Duties
The TRC shall have the following powers and duties:
1. To review and make a decision on the following applications:
a. Major site plans (Section 10.3.6.D);
b. Major subdivision preliminary plans (Section 10.3.7.D.1); and
c. Major subdivision construction plans (Section 10.3.7.D.2);
2. To review and make a recommendation on the following applications:
a. Conditional zonings, at the applicant’s request (Section 10.3.3);
b. Planned developments, at the applicant’s request (Section 10.3.4);
c. Minor site plans, at the applicant’s request (Section 10.3.6.E); and
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d. Major subdivision final plats (Section 10.3.7.D.3); and
3. To provide its expertise and technical assistance to the County’s other
decision-making bodies, upon request.
B. Membership
The TRC shall consist of representatives from County departments and
agencies involved with development review, including the following:
1. Planning;
2. Engineering;
3. Fire Services;
4. Cape Fear Public Utility Authority; and
5. Environmental Health.
C. Chair
The Planning Director shall serve as Chair of the TRC, and shall schedule
committee meetings, coordinate the committee’s activities, preside over
committee meetings, prepare committee reports, and serve as the liaison to
the departments and agencies involved in the TRC review process.
D. Meetings
1. The Planning Director shall establish a regular meeting schedule to allow
the TRC to take action as expeditiously as reasonably possible on
matters before it. The TRC may make recommendations and decisions
on applications at its regular meetings or by other means established by
the Planning Director to ensure an efficient review process.
2. The purpose of TRC meetings is to allow for discussion of comments
provided by the TRC on specific development applications or conceptual
proposals with the applicant, and for the TRC to make a decision or
recommendations on the application, as appropriate.
E. Review and Comment by Other Departments or Agencies
Representatives from county departments and from non-county regulatory
agencies involved with development review may participate in the TRC
review process and provide comments on development applications. These
agencies include, but are not limited to:
1. The North Carolina Department of Transportation;
2. The Wilmington Metropolitan Planning Organization;
3. The North Carolina Department of Environmental Quality; and
4. The United States Army Corps of Engineers.
10.1.6. PLANNING DIRECTOR
A. The Planning Director shall have the following powers and duties under this
Ordinance:
1. To review and make a decision on the following applications:
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a. Minor site plans (Section 10.3.6.E);
b. Major subdivision final plats (Section 10.3.7.D.3);
c. Minor subdivision plats (Section 10.3.7.E);
d. Zoning compliance approvals (Section 10.3.7.E);
e. Tree removal permits (Section 10.3.9); and
f. Interpretations (Section 10.3.15);
2. To review and prepare reports and/or recommendations, as appropriate,
to advisory and decision-making bodies on the following applications:
a. Text amendments (Section 10.3.7.D.3);
b. Zoning map amendments (Section10.3.2);
c. Conditional zonings (Section 10.3.3);
d. Planned developments (Section 10.3.4);
e. Special use permits (Section 10.3.5);
f. Major site plans (Section 10.3.6.D);
g. Major subdivision preliminary plans (Section 10.3.7.D.1);
h. Zoning and subdivision variances (Section 10.3.11); and
i. Reasonable accommodations (Section 10.3.13);
3. To conduct pre-application conferences in accordance with Section
10.2.2, Pre-Application Conference;
4. To establish requirements for the content, format, and submission
schedule for development applications reviewed under this Ordinance;
5. To compile and maintain an Administrative Manual that supplements
procedures for development review required by this Ordinance, and which
may include detailed submittal and procedural requirements for
development applications, a schedule of application fees (as established
by the Board of Commissioners), and detailed specifications and
illustrations identifying how this Ordinance’s standards for landscaping,
infrastructure, and other aspects of development may be met;
6. To maintain the Official Zoning Map and related materials;
7. To serve as the Floodplain Administrator;
8. To serve as professional staff to the Planning Board and the Board of
Adjustment;
9. To provide expertise and technical assistance to the County’s review and
decision-making bodies;
10. To enforce this Ordinance in accordance with Article 12: Violations and
Enforcement;
11. To carry out any other activities necessary for the administration of this
Ordinance that are not delegated to other bodies or officials; and
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12. To prepare and implement studies, plans, and ordinances regarding
growth, development, and redevelopment in the County, including
comprehensive land use plans and development regulations.
B. The Planning Director may delegate any act authorized by this Ordinance to be
carried out by the Planning Director to professional-level staff under the Planning
Director’s direction.
C. The designated Planning Director for the purposes of this Ordinance is the Director
of the Planning Department, or the head of the equivalent department that carries
out the County’s planning and zoning functions.
10.1.7. COUNTY ENGINEER
The County Engineer shall have the following powers and duties:
A. To accept applications for construction plans and to issue approval letters for the
installation of the required improvements in accordance with the approved plans
and the design standards specified in this Ordinance.
Section 10.2. Standard Review Procedures
10.2.1. GENERAL
A. This section sets forth the standard procedural steps that are generally required for
development applications reviewed under this Ordinance. Where a procedural step
is not required for a particular type of application, or where alternative procedures
are required, Section 10.3, Application-Specific Procedures, specifies the variations
from the standard review procedures. The procedural flow charts in Section 10.3
generally depict the procedural steps that apply to the review of each type of
application.
B. The County has prepared an Administrative Manual that includes information and
requirements for submitting applications for development review under this
Ordinance. That manual includes application submittal requirements, review
schedules, and additional details on application review procedures.
10.2.2. PRE-APPLICATION CONFERENCE
A. Purpose
The purpose of a pre-application conference is to provide an opportunity for
the applicant and staff to review submittal requirements, procedures, and
schedules for an anticipated development application. A pre-application
conference is also intended for the applicant and staff to discuss the scope,
features, and impacts of the proposed development.
B. Applicability
A pre-application conference is required for applications for planned
development (see Section 10.3.4). A pre-application conference may be
requested and held at the applicant’s option for any other development
application reviewed under this Ordinance.
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C. Effect
The pre-application conference is intended as a means of facilitating the
review process. Discussions held in accordance with this section are not
binding on the County or the applicant. Official reviews of development
applications do not begin until a formal application is submitted and
determined to be complete.
10.2.3. COMMUNITY INFORMATION MEETING
A. Purpose
The purpose of a community information meeting is to inform owners and
residents of nearby lands about a proposed development application, and to
provide the applicant an opportunity to hear comments and concerns about
the development proposal as a means of resolving conflicts and outstanding
issues, where possible.
B. Applicability
1. Unless a report is submitted in accordance with subsection 2 below, a
community information meeting that complies with the requirements in
this section is required prior to submittal of any of the following
applications:
a. Conditional rezonings;
b. Planned developments; and
c. Special use permits for uses classified as intensive industry.
2. A applicant may submit an application identified in subsection 1 above
without first holding a community information meeting if the applicant
submits with the application a report documenting efforts that were made
to arrange such a meeting and stating the reasons such a meeting was
not held.
3. The adequacy of a meeting held or report submitted shall be considered
by the Planning Board and Board of Commissioners, as appropriate, in
their decisions, but shall not be subject to judicial review.
4. For applications other than those identified in subsection 1 above, a
community information meeting may be held in accordance with this
section at the option of the applicant.
C. Procedure
If a community information meeting is conducted, the applicant shall comply
with the requirements in subsections 1 and 2 below.
1. Notification
a. The applicant shall provide written notice by mail or other agreed
upon measure at least ten days prior to the date of the community
information meeting. Notice shall be provided to the Planning
Department and to each owner of record of land within 500 feet of and
on the property subject to the application.
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b. The County shall provide notice of the community information meeting
by e-mail to the Sunshine List.
2. Conduct of Meeting and Written Summary
a. The community information meeting shall be open to the public. At the
meeting, the applicant shall explain the development proposal and
application, inform attendees about the application review process,
respond to questions or concerns neighbors raise about the proposed
application, and discuss ways to resolve any conflicts or concerns.
b. The applicant shall prepare a written summary of the meeting. The
summary shall be included with the application materials and contain
the following information:
1. Date, time, and location of the meeting;
2. List of meeting attendees;
3. Summary of issues discussed;
4. Description of any changes or adjustments made to the proposal
as a result of the comments and concerns received by the
applicant; and
5. Any other information the applicant deems appropriate.
10.2.4. APPLICATION SUBMITTAL AND ACCEPTANCE
A. Authority to File Applications
1. Unless expressly stated otherwise in this Ordinance, development
applications reviewed under this Ordinance shall be submitted by:
a. The owner, contract purchaser, or any other person having a
recognized property interest in the land on which development is
proposed; or
b. A person authorized to submit the application on behalf of the owner,
contract purchaser, or other person having a recognized property
interest in the land, as evidence by a letter or document signed by the
owner, contract purchaser, or other person having a recognized
property interest in the land.
2. Applications for text amendments and zoning map amendments may be
submitted by any person, organization, or interested party, including the
Board of Commissioners, the Planning Board, or County staff.
B. Application Content
1. The Planning Director shall establish the requirements for the content and
form of each type of specific development application reviewed under this
Ordinance and shall include the requirements in the Administrative
Manual.
2. The Planning Director may amend and update application requirements
as necessary to ensure effective and efficient review.
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3. The applicant bears the burden of ensuring that an application contains
sufficient information to demonstrate compliance with all applicable
standards in this Ordinance.
C. Application Fees
The Board of Commissioners shall establish application fees and may amend
and update those fees as necessary. The Planning Director shall include a
schedule of application fees in the Administrative Manual.
D. Schedule for Application Submittal and Review
1. The Planning Director shall establish a submittal and review schedule
(including submittal deadlines and time frames for review) for the various
types of development applications, and shall include the schedule in the
Administrative Manual.
2. The Planning Director may amend and update the submittal and review
schedule to ensure effective and efficient review under this Ordinance.
E. Application Submittal
Applications shall be submitted to the Planning Director in the form and
having the content established by the Planning Director, along with the
appropriate application fee.
F. Determination of Application Completeness
1. Completeness Review
After submittal of an application in accordance with this Ordinance, the
Planning Director shall determine whether the application is complete or
incomplete. A complete application is one that:
a. Contains all information and materials required by this Ordinance,
including the requirements for the submittal of the particular type of
application established by the Planning Director in the Administrative
Manual;
b. Is in the form required by the Planning Director for the particular type
of application;
c. Includes information in sufficient detail to evaluate the application to
determine whether it complies with the appropriate standards of this
Ordinance; and
d. Is accompanied by the fee established for the particular type of
application.
2. Application Incomplete
a. If the Planning Director determines that the application is incomplete,
the Planning Director shall notify the applicant of the deficiencies in
the application. The applicant may correct the deficiencies and
resubmit the application for completeness determination.
b. The Planning Director shall not process an application for further
review until it is determined to be complete.
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c. Applications fees shall not be accepted for applications determined to
be incomplete.
3. Application Complete
If the Planning Director determines that the application is complete, the
Planning Director shall accept the application for review in accordance
with the procedures and standards of this Ordinance.
G. Application Withdrawal
1. An applicant may withdraw a complete application at any time by
submitting a written notice to the Planning Director.
2. Applications fees shall not be refunded for withdrawn applications.
10.2.5. STAFF REVIEW AND ACTION
A. Staff Review
1. Applications shall be reviewed during the appropriate review cycle in
place when the application is determined to be complete.
2. The Planning Director shall distribute the application to all appropriate
staff and review agencies for review and comment.
3. In considering the application, the Planning Director, the TRC, or other
County staff (as appropriate), shall review the application, relevant
support material, and any comments or recommendations from other staff
and review agencies to which the application was referred.
4. If deficiencies in complying with the applicable development standards
are identified, the Planning Director shall notify the applicant of such
deficiencies and provide the applicant a reasonable opportunity to discuss
the deficiencies and revise the application to address them. The Planning
Director may also offer the applicant comments or suggestions regarding
possible improvements to the proposed development that are not
required by this Ordinance.
B. Applications Subject to Decision by the Planning Director or TRC
1. If an application is subject to review and final decision by the Planning
Director or the TRC, the Planning Director or TRC, as appropriate, shall
either approve the application, approve the application subject to
conditions (as appropriate), or require that the application be revised to
address deficiencies in complying with applicable development standards.
2. If an application is subject to review and final decision by the TRC, the
application shall be approved or approved subject to conditions, if all
members of the TRC find that it complies with the standards each
individual member is responsible for administrating.
3. Conditions of approval shall be limited to those deemed necessary to
ensure compliance with the standards of this Ordinance. They shall be
related in both type and scope to the anticipated impacts of the proposed
development. All conditions of approval shall be expressly set forth in the
development approval or permit.
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C. Applications Subject to a Public Hearing
1. Staff Report
If a public hearing is required for the application (see Table 10.1.1:
Summary Table of Development Review Responsibilities), the TRC shall
review and make a recommendation on the application if required by
Table 10.1.1, and the Planning Director shall review the application, and
TRC’s recommendation, as applicable, and prepare a written staff report
on the application. The staff report may recommend one of the decisions
authorized for the particular type of application, as set forth in Section
10.3, Application-Specific Procedures, and may identify and recommend
conditions of approval, as appropriate.
2. Distribution and Availability of Application and Staff Report
Within a reasonable time period before the public hearing or meeting at
which an application is scheduled for review by an advisory or decision-
making body, the Planning Director shall:
a. Schedule the public hearing or meeting and verify any required public
notification of the hearing in accordance with Section 10.2.6, Public
Hearing Scheduling and Public Notification;
b. Transmit the application, related materials, and the staff report to the
appropriate advisory or decision-making body;
c. Transmit a copy of the staff report to the applicant; and
d. Make the application, related materials, and staff report available for
examination by the public on the County’s website and/or in the
Planning Department during normal business hours, at a reasonable
cost.
10.2.6. PUBLIC HEARING SCHEDULING AND PUBLIC NOTIFICATION
If a public hearing is required for the application (see Table 10.1.1: Summary Table
of Development Review Responsibilities), the scheduling and public notification of
the public hearing shall comply with the requirements in this section.
A. Scheduling of Public Hearing
1. General
a. If a public hearing is required for an application (see Table 10.1.1:
Summary Table of Development Review Responsibilities), the
Planning Director shall ensure that the public hearing on the
application is scheduled for a regularly scheduled meeting or a
meeting specially called for that purpose by the advisory or decision-
making body reviewing the application.
b. A required public hearing on the application shall be scheduled so
there is sufficient time for a staff report to be prepared and for the
public notification requirements to be satisfied under state law.
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2. Deferral of Hearing upon Applicant’s Request
An applicant may request that an advisory or decision-making body’s
consideration of a development application at a public hearing be
deferred by submitting a written request for deferral to the Planning
Director.
a. Request Before Notification Provided
If mailed or published notice has not been provided in accordance
with this Ordinance, the Planning Director shall consider and decide
the deferral request. An application may be deferred by the Planning
Director for a time not to exceed six months, for good cause.
Applications that are not considered by the advisory or decision-
making body after a six-month administrative deferral shall be
considered withdrawn.
b. Request After Notification Provided
If mailed or published notice has been provided in accordance with
this Ordinance, the deferral request shall be considered by the
advisory or decision-making body at the public hearing for which
notice was provided and may be granted at the discretion of the
advisory or decision-making body for good cause, for a period of time
determined appropriate by the body. If a deferral is granted, the
applicant shall be responsible for any additional fees in accordance
with the adopted fee schedule. Applications that are not considered by
the advisory or decision-making body within six months after the
advisory or decision-making body grants a deferral shall be
considered withdrawn.
B. Public Notification
All development applications shall comply with the North Carolina General
Statutes (N.C.G.S), the provisions of this section, and the other provisions of
this Ordinance with regard to public notification.
1. Required Type and Timing of Public Notification
Public notification of a public hearing on a development application shall
be provided in accordance with the requirements in Table 10.2.6.B.1:
Required Type and Timing of Public Notification, for the type of
application and the type of notice. In computing the required time
periods, the day the notice is published, mailed, or posted shall not be
included, but the day of the hearing shall be included.
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2. Sunshine List and Website Posted Notice Requirements
a. The Planning Director shall post the application materials and the
date, time, and location of the initial public hearing for which the
application is scheduled to the Planning Department’s website within
ten business days of the application submittal deadline established in
the Administrative Manual.
b. After the application has been posted to the Planning Department’s
website, the Planning Director shall send notice of the posting to the
Sunshine List (see Section 2.3, Definitions and Terms) within the
same timeframe stated above.
c. Additional materials submitted by the applicant after the application
submittal deadline shall be posted to the Planning Department’s
website when received by the Planning Director.
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3. Published Notice Requirements
The Planning Director shall be responsible for providing published notice
of a public hearing in accordance with this section. Notice shall be
published in a newspaper that has general circulation in the County.
4. Mailed Notice Requirements
a. Except for community information meetings, the Planning Director
shall be responsible for mailing notice in accordance with this section.
Notice shall be mailed to:
1. The owners of the land subject to the application;
2. The applicant, if different from the land owner;
3. The owners, as shown on the County tax listing, of land within 500
feet of the land subject to the application (including owners of land
located outside of the County) whose address is known by
reference to the latest ad valorem tax records; and
4. Commanders of military bases located within five miles of the land
subject to the application when the application proposes:
i. Changes to the Official Zoning Map;
ii. Changes that affect the range of allowable uses of land;
iii. Changes relating to telecommunication towers or windmills; or
iv. Changes to proposed major subdivision preliminary plats or
an increase of an approved subdivision by more than 50
percent of the subdivision’s land area, including developed
and undeveloped land.
b. Notice shall be deemed mailed by its deposit in the United States
mail, first class, properly addressed, postage paid. The content and
form of the notice shall comply with Section 10.2.6.B.6, Notice
Content, and state law.
c. The Planning Director shall prepare an affidavit affirming that notice of
the public hearing meeting these standards was mailed. The affidavit
shall be conclusive that notice is given in accordance this section.
d. A copy of the mailed notice shall be maintained in the Planning
Department for public inspection during normal business hours.
5. Posted Notice Requirements
a. The Planning Director shall be responsible for posting notice required
by this section.
b. The posted notice shall be located on the land subject to the
application or on an adjacent public street right-of-way in a
conspicuous location so as to be clearly visible to the traveled portion
of the respective street. If no part of the subject land is visible from a
public right-of-way, the notice shall be posted in the public right-of-
way of the nearest street. When multiple parcels are included within
an application, a posting on each individual parcel is not required, but
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the Planning Director shall post sufficient notices to provide
reasonable notification to interested persons.
c. The content and form of the notice shall be established by the
Planning Director in accordance with state law.
6. Notice Content
All notices for public hearings provided by mail (mailed notice), or
publication (publishing in a newspaper of general circulation in the
County) shall:
a. Identify the date, time, and location of the public hearing;
b. Identify the location of the land subject to the application; and
c. Describe the nature of the proposed development or action.
7. Constructive Notice
a. Minor defects in any notice shall not impair the notice or invalidate
proceedings pursuant to the notice if a bona fide attempt is made to
comply with applicable notice requirements. Minor defects in notice
may include, but are not limited to:
1. Errors in a legal description; and
2. Typographical or grammatical errors that do not impede
communication of the notice to affected parties.
b. Failure of a party to receive written notice shall not invalidate
subsequent action. In all cases, however, the requirements for the
timing of the notice and for specifying the time, date, and location of a
public hearing and the location of the subject property shall be strictly
adhered to.
c. If questions arise at the hearing regarding the adequacy of notice, the
body conducting the hearing shall direct the Planning Director to make
a formal finding as to whether there is substantial compliance with the
notice requirements of this Ordinance.
10.2.7. PUBLIC HEARING PROCEDURES
If a public hearing is required for the application (see Table 10.1.1: Summary Table
of Development Review Responsibilities), the public hearing shall comply with the
requirements in this section.
A. General
1. The burden of demonstrating that an application complies with applicable
review and approval standards of this Ordinance is on the applicant.
2. Any person may appear at a public hearing and submit testimony,
documents, and materials, either individually or as a representative of a
person or an organization. Each person who speaks at a public hearing
shall identify themselves, state their home or business address, and if
appearing on behalf of a person or organization, state the name and
mailing address of the person or organization they represent.
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3. The body conducting the public hearing may place reasonable time
restrictions on the presentation of testimony and the submission of
documents and other materials. The body conducting the hearing may
exclude testimony that it finds to be irrelevant, immaterial, or unduly
repetitious.
4. The body conducting the public hearing may, on its own motion or at the
request of any person, continue the public hearing to a fixed date, time,
and place.
5. The body conducting the public hearing shall record the proceedings by
any appropriate means. The written or taped record of oral proceedings,
the hearing minutes, all applications, exhibits, and papers submitted in
any proceeding before the body conducting the public hearing, the staff
report, and the recommendation or decision shall constitute the record. All
records of public hearings conducted by an advisory or decision-making
body shall be a public record, and open for inspection at the County
offices during normal business hours upon reasonable notice.
B. Order of Proceeding for Standard Public Hearings
The order of proceedings at a standard public hearing shall be as follows:
1. Presentation of Staff Report
The Planning Director shall provide a brief introductory narrative and/or
graphic description of the application and present the staff report and any
review body findings and recommendations.
2. Applicant Presentation
The applicant shall present any information the applicant deems
appropriate.
3. Public Comment
Public comments shall be heard. Any person other than the applicant or
applicant’s representatives may be permitted to speak in accordance with
the advisory or decision-making body’s rules of procedure, or at their
discretion, as appropriate, in support of or in opposition to the application.
4. Response to Comments and Presentation
The applicant, public, and Planning Director may respond to any
comments, documents, or materials presented as deemed appropriate by
the body conducting the meeting.
5. Close of Hearing
The person chairing the body conducting the hearing shall close the
hearing. After the hearing is closed, no additional testimony, evidence, or
public comments will be heard or considered.
C. Quasi-Judicial Public Hearings
Quasi-judicial public hearings shall comply with the following requirements in
addition to the requirements in subsections A and B above:
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1. Ex Parte Communication
Ex parte communication between an applicant or an affected party and a
member of the body holding the hearing on the application is prohibited,
and must be disclosed during the hearing, if it occurs.
2. Sworn Testimony
All persons who will testify at the hearing shall be sworn in prior to their
submission of testimony and evidence.
3. Opportunity to Present Testimony and Evidence
Any person may present testimony and evidence, subject to Section
10.2.7.A.3 above.
4. Cross Examination
Cross-examination by members of the body conducting the hearing shall
be allowed. Cross-examination by the County, the applicant or
applicant’s representatives, and affected parties is also allowed, subject
to the authority of the chair of the body holding the hearing.
5. Consideration of Testimony and Evidence
The body conducting the hearing shall make its recommendation or
decision based on findings of fact supported by competent, substantial,
and material evidence presented at the hearing.
10.2.8. ADVISORY BODY REVIEW AND ACTION
If review by an advisory body (the Planning Board) is required for the application
(see Table 10.1.1: Summary Table of Development Review Responsibilities), the
body shall review and act on the application in accordance with the following
procedures.
A. Review and Recommendation
1. The advisory body shall conduct a public hearing on the application in
accordance with 10.2.7, Public Hearing Procedures, and shall consider
the application, relevant support materials, the staff report, and any public
comments made during the public hearing. Following the public hearing,
the body shall recommend one of the decisions authorized for the
particular type of application, based on the applicable review standards.
2. The advisory body’s recommendation shall be in writing and shall clearly
state the factors considered in making the recommendation and the basis
or rationale for the recommended decision.
3. If permitted for the particular type of application in accordance with
Section 10.3, Application-Specific Procedures, the advisory body may
recommend conditions of approval. Conditions of approval must relate in
both type and extent to the anticipated impacts of the proposed
development.
4. Unless the hearing is deferred or subject to a continuance, the advisory
body shall take action as promptly as reasonably possible in
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consideration of the applicant, affected parties, and citizens of the
County.
B. Revision of Application
Prior to the advisory body’s action on an application, the advisory body may
continue the public hearing to allow the applicant to make minor modifications
to the application that directly respond to specific requests or suggestions
made by the staff or the advisory body.
10.2.9. DECISION-MAKING BODY REVIEW AND ACTION
If an application is subject to a final decision by the Board of Commissioners or the
Board of Adjustment (see Table 10.1.1: Summary Table of Development Review
Responsibilities), such decision-making body shall review and act on the
application in accordance with the following procedures.
A. Review and Decision
1. The decision-making body shall conduct a public hearing on the
application in accordance with 10.2.7, Public Hearing Procedures, and
shall consider the application, relevant support materials, the staff report,
any advisory body recommendation, and any public comments made
during the public hearing. Following the public hearing, the body shall
make one of the decisions authorized for the particular type of application,
based on the applicable review standards.
2. The decision-making body may remand the application to the appropriate
advisory body or County staff for further consideration of new information
or specified issues or concerns raised by the staff or the advisory body.
3. The decision-making body’s decision shall clearly state the factors
considered in making the recommendation and the basis or rationale for
the decision.
4. Unless deferred or subject to a continuance, the decision-making body
shall take action as promptly as reasonably possible in consideration of
the applicant, affected parties, and citizens of the County.
5. Any conditions of approval shall be expressly set forth in the approval,
and shall relate in both type and scope to the anticipated impacts of the
proposed development.
B. Revision of Application
Prior to the decision-making body’s action on an application, the decision-
making body may continue the public hearing on the application to allow the
applicant to make minor modifications to the application that directly respond
to specific requests or suggestions made by staff, the advisory body, as
applicable, or the decision-making body.
10.2.10. POST-DECISION LIMITATIONS AND ACTIONS
A. Notification to Applicant
Within a reasonable time after a final decision on an application, the Planning
Director shall provide the applicant written notice of the decision or action and
Unified Development Ordinance | New Hanover County, NC 10-21
shall make a copy of the decision available to the public in the offices of the
Planning Department during normal business hours. If the application is
denied, the written notice of the decision or action shall state the reason(s) for
the denial.
B. Effect of Approval
1. Approval of an application in accordance with this Ordinance authorizes
only the particular use, plan, or other specific development or activity
approved, and not any other development or activity requiring separate
approval.
2. In the event one development approval or permit is a prerequisite to
another development approval or permit (e.g., variance approval prior to
site plan approval), development may not take place until all required
development approvals and permits are obtained. Approval of one
application does not necessarily guarantee approval of any subsequent
application.
C. Amendment of Approval
Unless otherwise provided in the specific procedure description in Section
10.3, Application-Specific Procedures, an amendment of a permit or approval
may only be reviewed in accordance with the procedures and standards
established for its original approval.
D. Expiration of Approval
1. Approval of an application shall be valid as authorized for the approved
development activity until the end of the expiration time period provided in
Section 10.3, Application-Specific Procedures, for the particular type of
application, subject to subsection 4 below.
2. If no expiration period is provided in Section 10.3, Application-Specific
Procedures, for a specific type of development approval or permit, the
development approval or permit shall expire if a building permit or zoning
compliance approval authorizing the approved development is not
obtained with two years.
3. A change in ownership of the land shall not affect the established
expiration time period of an approval.
4. Failure to comply with the terms of a development approval or permit,
including any conditions of approval, shall constitute a violation of this
Ordinance (see Article 12: Violations and Enforcement) and shall render
the development approval or permit void and of no effect. No building
permits for further construction or certificates of occupancy under the
development approval or permit shall be permitted, and all completed
structures shall be regarded as nonconforming uses subject to Article 11:
Nonconforming Situations.
E. Termination of Site Specific Development Plans
1. Any site specific development plan approved by the County pursuant to
this Ordinance shall terminate at the end of the applicable vesting period
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with respect to buildings and uses for which no valid building permit
applications have been filed.
2. Site specific development plans may terminate with the written consent of
the affected landowner.
3. A site specific development plan may be terminated following
recommendations by the Planning Board and upon findings by the Board
of County Commissioners, by ordinance after notice and public hearing,
that natural or manmade hazards on or in the immediate vicinity of the
property, if uncorrected would pose a serious threat to the public health,
safety, and welfare if the project were to proceed as contemplated in the
site specific development plan.
4. A site specific development plan may be terminated following
recommendations by the Planning Board and upon findings by the Board
of County Commissions, by ordinance after notice and public hearing,
that the landowner or his representative intentionally supplied inaccurate
information or made material misrepresentations which made a difference
in the approval by the approval authority of the site specific development
plan.
5. A site specific development plan may be terminated upon the enactment
or promulgation of a State or Federal law or regulation that precludes
development as contemplated in the site specific development plan, in
which case the approval authority may modify the affected provisions,
upon a finding that the change in State or Federal law has a fundamental
effect on the plan, by ordinance after notice and a hearing.
6. A site specific development plan may be terminated upon payment to the
affected landowner of compensation of all costs, expenses, and other
losses incurred by the landowner, but not limited to all fees paid in
consideration of financing, and all architectural, planning, marketing,
legal, and other consultant’s fees incurred after approval by the County,
together with interest thereon at the legal rate until paid. Compensation
shall not include any diminution in the value of the property which is
caused by such action.
F. Limitation on Subsequent Similar Applications
If an application requiring a public hearing is denied, no application proposing
the same or similar development on all or part of the same land shall be
submitted within one year after the date of the denial unless the Planning
Director determines that:
1. There has been a substantial change in the circumstances relevant to the
issues or facts considered during review of the prior application that might
reasonably affect the action of the decision-making body;
2. New or additional information is available that was not available at the
time of review of the prior application that might reasonably affect the
action of the decision-making body;
3. The new application proposed to be submitted is materially different from
the prior application; or
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4. The final decision on the prior application was based on material mistake
of fact.
Section 10.3. Application-Specific Procedures
10.3.1. TEXT AMENDMENT
A. Applicability
The procedure in this section is required for any amendment of the text of this
Ordinance, unless the amendment is part of a conditional zoning (see Section
10.3.3), or a planned development (see Section 10.3.4).
B. Text Amendment Procedure
Figure 10.3.1.B summarizes the requirements and procedures in Section
10.2, Standard Review Procedures, that apply to text amendments.
Subsections 1 through 6 below, specify the required procedure for a text
amendment, including applicable additions or modifications to the standard
review procedures.
Figure 10.3.1.B: Summary of Text Amendment Procedure
Public Hearing Procedures
(Optional)
Pre-Application
Conference
Community Information Meeting
1
Application
Submittal &
Acceptance
2
Planning
Director Review
& Staff Report
3
Public Hearing
Scheduling &
Notification
4
Planning Board
Hearing &
Recom-
mendation
5
Board of
Commissioners
Hearing &
Decision
6
Post-Decision
Limitations and
Actions
1. Application Submittal and Acceptance
Applications shall be submitted in accordance with Section 10.2.4,
Application Submittal and Acceptance.
2. Staff Review and Action
The Planning Director shall review the application, prepare a staff report,
and provide a recommendation in accordance with Section 10.2.5, Staff
Review and Action.
3. Public Hearing Scheduling and Public Notification
The Planning Director shall schedule public hearings and provide public
notification in accordance with Section 10.2.6, Public Hearing Scheduling
and Public Notification.
4. Advisory Body Review and Action
a. The Planning Board shall conduct a public hearing on the application
and make a recommendation on the application in accordance with
Section 10.2.8, Advisory Body Review and Action, and Section
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10.3.1.C, Text Amendment Review Standards. The Planning Board’s
recommendation shall address whether the proposed amendment is
consistent with the Comprehensive Plan.
b. If the Planning Board’s decision is to recommend denial of the
application, the applicant must submit written notice to the Planning
Director of the applicant’s intent to proceed with a hearing before the
Board of Commissioners within 10 calendar days of the Planning
Board’s decision. If the applicant does not provide such notice within
that time period, the application shall be deemed withdrawn and no
further review of the application shall occur.
5. Board of Commissioners Review and Action
a. The Board of Commissioners shall conduct a public hearing on the
application and make a decision on the application in accordance with
Section 10.2.9, Decision-making Body Review and Action, and
Section 10.3.1.C, Text Amendment Review Standards. The decision
of the Board of Commissioners shall be one of the following:
i. Adopt the text amendment as proposed;
ii. Adopt a revised text amendment;
iii. Deny the text amendment; or
iv. Remand the text amendment application to the Planning
Board for further consideration.
b. Prior to deciding to adopt or deny a text amendment, the Board of
Commissioners shall adopt a statement that:
1. Addresses the consistency of the amendment with the
Comprehensive Plan by either:
i. Describing the consistency or inconsistency of the
amendment with Comprehensive Plan; or
ii. If the amendment is approved, declaring that the approval is
also deemed an amendment to the Comprehensive Plan, and
providing an explanation of the change in conditions Board of
Commissioners took into account in approving the
amendment to meet the development needs of the
community. No additional request or application for
amendment to the Comprehensive Plan shall be required.
2. Explains why the decision is reasonable and in the public interest.
6. Post-Decision Limitations and Actions
a. The post-decision limitations and actions in Section 10.2.10, Post-
decision Limitations and Actions apply.
b. Approval of a text amendment authorizes the approved revisions to
the text of this Ordinance. Such approval does not itself authorize
specific development activity.
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c. A text amendment shall not expire and shall remain valid unless and
until the revised text of this Ordinance is subsequently amended in
accordance with this section.
C. Text Amendment Review Standards
The advisability of amending the text of this Ordinance is a matter committed
to the legislative discretion of the Board of Commissioners and is not
controlled by any one factor. In determining whether to adopt or deny a
proposed text amendment, the Board of Commissioners may consider many
factors, including but not limited to, the proposed text amendment’s
consistency with the Comprehensive Plan and whether it is reasonable and in
the public interest.
10.3.2. ZONING MAP AMENDMENT
A. Applicability
1. The procedure in this section is required for any amendment of the
Official Zoning Map, unless the amendment is part of a conditional zoning
(see Section 10.3.3), or a planned development (see Section 10.3.4).
2. If the proposed Zoning Map amendment involves a rezoning to a
Conditional Use Zoning District (see Section 3.5.6, Conditional Use
Zoning (CUD) Districts), the provisions in subsections a and b below,
apply:
a. The Zoning Map amendment application must be submitted and
reviewed concurrently with a special use permit application (see
Section 10.3.5, Special Use Permit). The Zoning Map amendment for
the proposed Conditional Use Zoning District rezoning is considered
first, then the companion special use permit application, except, if the
Zoning Map amendment is denied, the special use permit is not
considered.
b. If the Zoning Map amendment to the Conditional Use Zoning District
is approved but the special use permit is denied, then the Board of
Commissioners shall immediately rescind its approval of the Zoning
Map amendment.
B. Zoning Map Amendment Procedure
Figure 10.3.2.B summarizes the requirements and procedures in Section
10.2, Standard Review Procedures, that apply to Zoning Map amendments.
Subsections 1 through 6 below, specify the required procedure for a Zoning
Map amendment, including applicable additions or modifications to the
standard review procedures.
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Figure 10.3.2.B: Summary of Zoning Map Amendment Procedure
Public Hearing Procedures
(Optional)
Pre-Application
Conference
(Optional)
Community
Information
Meeting
1
Application Submittal & Acceptance
2
Planning Director Review & Staff Report
3
Public Hearing Scheduling & Notification
4
Planning Board Hearing & Recom-mendation
5
Board of Commissioners Hearing & Decision
6
Post-Decision Limitations and Actions
1. Application Submittal and Acceptance
Applications shall be submitted in accordance with Section 10.2.4,
Application Submittal and Acceptance.
2. Staff Review and Action
The Planning Director shall review the application, prepare a staff report,
and provide a recommendation in accordance with Section 10.2.5, Staff
Review and Action.
3. Public Hearing Scheduling and Public Notification
The Planning Director shall schedule public hearings and provide public
notification in accordance with Section 10.2.6, Public Hearing Scheduling
and Public Notification.
4. Planning Board Review and Action
a. The Planning Board shall conduct a public hearing on the application
and make a recommendation on the application in accordance with
Section 10.2.8, Advisory Body Review and Action, and Section
10.3.2.C, Zoning Map Amendment Review Standards. The Planning
Board’s recommendation shall address whether the proposed
amendment is consistent with the Comprehensive Plan.
b. If the Planning Board’s decision is to recommend denial of the
application, the applicant must submit written notice to the Planning
Director of the applicant’s intent to proceed with a hearing before the
Board of Commissioners within 10 calendar days of the Planning
Board’s decision. If the applicant does not provide such notice within
that time period, the application shall be deemed withdrawn and no
further review of the application shall occur.
5. Board of Commissioners Review and Action
a. If appropriate, the Board of Commissioners shall conduct a public
hearing on the application and make a decision in accordance with
Section 10.2.9, Decision-making Body Review and Action, and
Section 10.3.2.C, Zoning Map Amendment Review Standards. The
decision of the Board of Commissioners shall be one of the following:
i. Approve the Zoning Map amendment as proposed;
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ii. Approve the Zoning Map amendment with a reduction in the
area proposed to be rezoned, or to a more restrictive district,
with the applicant’s consent;
iii. Deny the Zoning Map amendment; or
iv. Remand the Zoning Map amendment application back to the
Planning Board for further consideration.
b. Prior to deciding to adopt or deny a Zoning Map amendment, the
Board of Commissioners shall adopt a statement that:
1. Addresses the consistency of the amendment with the
Comprehensive Plan by either:
i. Describing the consistency or inconsistency of the
amendment with the Comprehensive Plan; or
ii. If the amendment is approved, declaring that the approval is
also deemed an amendment to the Comprehensive Plan, and
providing an explanation of the change in conditions Board of
Commissioners took into account in approving the
amendment to meet the development needs of the
community. No additional request or application for
amendment to the Comprehensive Plan shall be required.
2. Explains why the decision is reasonable and in the public interest.
This explanation may consider, among other factors,
i. The size, physical conditions, and other attributes of the area
proposed to be rezoned;
ii. The benefits and detriments to the landowners, the neighbors,
and the surrounding community;
iii. The relationship between the current actual and permissible
development on the tract and adjoining areas and the
development that would be permissible under the proposed
amendment;
iv. Why the action taken is in the public interest; and
v. Any changed conditions warranting the amendment.
c. Conditions of approval are not allowed.
6. Post-Decision Limitations and Actions
a. The post-decision limitations and actions in Section 10.2.10, Post-
decision Limitations and Actions apply.
b. Approval of a Zoning Map amendment reclassifies the land that is
subject of the application to the approved zoning district
classification(s) and subjects it to the development regulations
applicable to the district(s). Such approval does not itself authorize
specific development activity.
c. A Zoning Map amendment shall not expire and shall remain valid
unless and until the land that was subject of the amendment is
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subsequently reclassified to a different zoning district in accordance
with this section, Section 10.3.3, Conditional Zoning, or Section
10.3.4, Master Planned Development.
C. Zoning Map Amendment Review Standards
The advisability of amending the Official Zoning Map is a matter committed to
the legislative discretion of the Board of Commissioners and is not controlled
by any one factor. In determining whether to adopt or deny a proposed
Zoning Map amendment, the Board of Commissioners may consider many
factors, including but not limited to, the proposed Zoning Map amendment’s
consistency with the Comprehensive Plan and whether it is reasonable and in
the public interest.
10.3.3. CONDITIONAL ZONING
A. Purpose
The purpose of this section is to provide a uniform means for amending the
Official Zoning Map to establish a Conditional Zoning (CZ) district. In cases
where the standards of a general use zoning district are inadequate to ensure
that development allowed by the district will conform to the County’s adopted
plans or to appropriately address the impacts expected to be generated by
development, an applicant may apply for a conditional zoning. Conditional
zoning establishes a parallel CZ district that is equivalent to a corresponding
general use zoning district, but is subject to additional conditions or
restrictions that the applicant and County mutually agree are necessary to
ensure conformance to adopted plans and adequately address expected
development impacts.
B. Applicability
The procedure in this section is required for land to be classified to the
Conditional Zoning (CZ) District (see Section 3.5.5).
C. Conditional Zoning Procedure
Figure 10.3.3.C summarizes the requirements and procedures in Section
10.2, Standard Review Procedures, that apply to conditional zonings.
Subsections 1 through 7 below, specify the required procedure for a
conditional zoning, including applicable additions or modifications to the
standard review procedures.
Figure 10.3.3.C: Summary of Conditional Zoning Procedure
Public Hearing Procedures
(Optional)
Pre-Application
Conference
1
Community
Information
Meeting
2
Application
Submittal &
Acceptance
3
Planning
Director Review
& Staff Report
(TRC Optional)
4
Public Hearing
Scheduling &
Notification
5
Planning Board
Hearing &
Recom-
mendation
6
Board of
Commissioners
Hearing &
Decision
7
Post-Decision
Limitations and
Actions
Unified Development Ordinance | New Hanover County, NC 10-29
1. Community Information Meeting
The applicant shall conduct a community information meeting in
accordance with Section 10.2.3, Community Information Meeting.
2. Application Submittal and Acceptance
Applications shall be submitted in accordance with Section 10.2.4,
Application Submittal and Acceptance. The application shall include the
following, together will all other information required by the Administrative
Manual:
a. A conceptual development plan depicting the proposed development
configuration that conforms to the application requirements for
conditional zonings in the Administrative Manual; and
b. Any other conditions of approval proposed by the applicant.
3. Staff Review and Action
a. If requested by the applicant, the TRC shall review the application and
provide any comments on the proposed conditional zoning to the
Planning Director, who shall transmit any comments received from the
TRC in writing to the applicant.
b. The Planning Director shall review the application, prepare a staff
report, and provide a recommendation in accordance with Section
10.2.5, Staff Review and Action.
4. Public Hearing Scheduling and Public Notification
The Planning Director shall schedule public hearings and provide public
notification in accordance with Section 10.2.6, Public Hearing Scheduling
and Public Notification. After the public notice of scheduled hearing
before the Planning Board is delivered to the newspapers, the conditions
of approval proposed by the applicant shall not be amended so they are
less restrictive, including but not limited to less setback, more dwelling
units, greater height, more access points, new uses, or fewer
improvements.
5. Planning Board Review and Action
a. The Planning Board shall conduct a public hearing on the application
in accordance with Section 10.2.8, Advisory Body Review and Action.
Planning Board members may propose additional conditions and
requirements beyond those proposed by the applicant.
b. After the public hearing on the application is concluded, the Planning
Board shall make a recommendation on the application in accordance
with Section 10.2.8, Advisory Body Review and Action, and Section
10.3.3.D, Conditional Zoning Review Standards. The Planning
Board’s recommendation shall address whether the proposed
conditional zoning is consistent with the Comprehensive Plan.
c. If the Planning Board’s decision is to recommend denial of the
application, the applicant must submit written notice to the Planning
Director of the applicant’s intent to proceed with a hearing before the
10-30 New Hanover County, NC | Unified Development Ordinance
Board of Commissioners within 10 calendar days of the Planning
Board’s decision. If the applicant does not provide such notice within
that time period, the application shall deemed withdrawn and no
further review of the application shall occur.
6. Board of Commissioners Review and Action
a. The Board of Commissioners shall conduct a public hearing on the
application in accordance with Section 10.2.9, Decision-making Body
Review and Action. One or more Commissioners may propose
additional conditions or requirements beyond those proposed by the
applicant.
b. After the public hearing on the application is concluded, the Board of
Commissioners shall make a decision on the application in
accordance with Section 10.2.9, Decision-making Body Review and
Action, and Section 10.3.3.D, Conditional Zoning Review Standards.
The decision of the Board of Commissioners shall be one of the
following:
i. Approve the application as submitted, subject to conditions of
approval, including a conceptual development plan;
ii. Approve the application, subject to revised conditions of
approval, including a conceptual development plan;
iii. Remand the application to the Planning Board for further
consideration; or
iv. Deny the application.
c. Prior to deciding to approve or deny a conditional zoning, the Board of
Commissioners shall adopt a statement that:
1. Addresses the consistency of the conditional zoning with the
Comprehensive Plan by either:
i. Describing the consistency or inconsistency of the conditional
zoning with the Comprehensive Plan; or
ii. If the conditional zoning is approved, declaring that the
approval is also deemed an amendment to the
Comprehensive Plan, and providing an explanation of the
change in conditions Board of Commissioners took into
account in approving the conditional zoning to meet the
development needs of the community. No additional request
or application for amendment to the Comprehensive Plan
shall be required.
2. Explains why the decision is reasonable and in the public interest.
d. Conditions of approval shall comply with the following requirements:
1. Only conditions of approval mutually agreed to by both the
applicant and the Board of Commissioners are allowed.
2. Conditions of approval shall be limited to those that address the
conformance of the development and use of the site to the County
Unified Development Ordinance | New Hanover County, NC 10-31
Code and to the Comprehensive Plan or other adopted County
plans, and those that address the impacts reasonably expected to
be generated by the development or use of the site.
3. Conditions that are less restrictive than the standards of the
corresponding general use zoning district, applicable overlay
district(s), or other standards of this Ordinance are prohibited.
7. Post-Decision Limitations and Actions
The post-decision limitations and actions in Section 10.2.10, Post-
decision Limitations and Actions, apply, in addition to subsections a
through c below.
a. Effect of Approval
Lands rezoned to a CZ district shall be subject to the standards
applicable to the parallel general use zoning district, as modified by
the more restrictive conditions approved by the applicant and imposed
as conditions of approval by the Planning Board or the Board of
Commissioners, as applicable. These standards and modifying
conditions are binding on the land as an amendment to this Ordinance
and the Zoning Map.
b. Minor Deviations
Subsequent applications for development within a conditional zoning
district may include minor modifications from the approved conceptual
site plan, provided such modifications have no material effect on the
character of the approved development. Changes in the following
constitute minor modifications that may be approved by the Planning
Director:
1. Modifications in building placement, provided the placement
complies with the setbacks of the corresponding base zoning, and
does not decrease the setbacks agreed to and approved during
the conditional rezoning process by more than 10 percent;
2. Increases to building size and height not to exceed 10 percent
provided all other applicable standards of this Ordinance are met;
3. Modifications to structure floor plans;
4. Modifications to the driveway locations not exceeding 10 percent
of the length of the subject property line, or as required by the
North Carolina Department of Transportation; and
5. Modifications to the proportion of housing type not to exceed 10
percent.
c. Expiration
1. If no building permit has been issued for the subject tract within
two years after the date of approval of the conditional zoning, the
Planning Director may, at the Planning Director’s discretion,
schedule a hearing for the Planning Board to consider whether
active efforts are proceeding in accordance with the approved
10-32 New Hanover County, NC | Unified Development Ordinance
conditional zoning. If the Planning Board determines that such
efforts are not proceeding, the Board may, at the Board’s
discretion, initiate a Zoning Map amendment in accordance with
Section 10.3.2, Zoning Map Amendment, to rezone the land within
the CZ district to its classification prior to approval, or to another
zoning district the Board determines is appropriate.
2. A landowner may request, and the Planning Director may grant,
one, one-year extension of the two-year time period established in
subsection 1 above, if the Planning Director determines that site
conditions have not substantially changed since the approval of
the conditional zoning. The applicant must submit the request in
writing prior to the expiration of the time period.
3. If site conditions have substantially changed since the approval of
the CZ district, a landowner may request, and the Board of
Commissioners may grant, at a regularly-scheduled public
hearing, one extension, not to exceed three years, of the two-year
time period established in subsection 1 above. The applicant must
submit the request in writing prior to the expiration of the time
period.
4. If any condition of approval of the CZ district is found to be illegal
by a court of law, the approval of the CZ district shall be null and
void, and the land within the district shall be rezoned to its
classification prior to the approval of the conditional zoning in
accordance with Section 10.3.2, Zoning Map Amendment.
5. If a violation of a condition of approval is not corrected within a
reasonable time period after notice is provided in accordance with
Article 12: Violations and Enforcement, the Planning Director may,
at the Planning Director’s discretion, submit an application to
rezone lands in the CZ district to their classification prior to
approval of the CZ district in accordance with Section 10.3.2,
Zoning Map Amendment.
D. Conditional Zoning Review Standards
Adopting a CZ district is a matter committed to the legislative discretion of the
Board of Commissioners. In determining whether to adopt or deny the
proposed CZ district, the Board of Commissioners shall consider the review
standards that apply to Zoning Map amendments in Section 10.3.2, Zoning
Map Amendment.
10.3.4. MASTER PLANNED DEVELOPMENT
A. Purpose
The purpose of this section is to provide a uniform means for amending the
Official Zoning Map to establish a master planned development district. A
master planned development (MPD) is a development under unified control
with more flexible standards and procedures that are conducive to creating a
more mixed-use, pedestrian-oriented development than could be achieved
through general use zoning district regulations.
Unified Development Ordinance | New Hanover County, NC 10-33
B. Applicability
The procedure in this section is required for any amendment of the Official
Zoning Map that rezones land to a master planned development district,
including the UMXZ, RFMU, EDZD, or PD districts.
C. Master Planned Development Procedure
Figure 10.3.4.C summarizes the requirements and procedures in Section
10.2, Standard Review Procedures, that apply to master planned
developments. Subsections 1 through 8 below, specify the required
procedure for a master planned development, including applicable additions
or modifications to the standard review procedures.
Figure 10.3.4.C: Summary of Planned Development Procedure
Public Hearing Procedures
1
Pre-Application
Conference
2
Community
Information
Meeting
3
Application
Submittal &
Acceptance
4
Planning
Director Review
& Staff Report
(TRC Optional)
5
Public Hearing
Scheduling &
Notification
6
Planning Board
Hearing &
Recom-
mendation
7
Board of
Commissioners
Hearing &
Decision
8
Post-Decision
Limitations and
Actions
1. Pre-Application Conference
A pre-application conference in accordance with Section 10.2.2, Pre-
Application Conference, is required.
2. Community Information Meeting
The applicant shall conduct a community information meeting in
accordance with Section 10.2.3, Community Information Meeting.
3. Application Submittal and Acceptance
Applications shall be submitted in accordance with Section 10.2.4,
Application Submittal and Acceptance. In addition to all other application
requirements set forth in the Administrative Manual, the application shall
include the following:
a. An MPD Master Plan meeting the requirements of Section 3.3.3.A,
MPD Master Plan, depicting the general configuration and relationship
of the principal elements of the proposed development, including
uses, general building types, density/intensity, resource protection,
pedestrian and vehicular circulation, open space, public facilities, and
phasing;
b. An MPD Terms and Conditions document meeting the requirements
of Section 3.3.3.B, MPD Terms and Conditions Document, specifying
terms and conditions defining development parameters, providing for
environmental mitigation, and outlining how public facilities will be
provided to serve the master planned development; and
10-34 New Hanover County, NC | Unified Development Ordinance
c. To ensure unified control, a copy of the title to all land that is part of
the proposed master planned development district.
4. Staff Review and Action
a. If requested by the applicant, the TRC shall review the application and
provide any comments on the proposed master planned development
to the Planning Director, who shall transmit any comments received
from the TRC in writing to the applicant.
b. The Planning Director shall review the application, prepare a staff
report, and provide a recommendation in accordance with Section
10.2.5, Staff Review and Action. The Planning Director may
recommend revisions to the proposed MPD Master Plan and MPD
Terms and Conditions document.
c. If the proposed master planned development involves a rezoning to
the EDZD District, the staff report shall address each of the following:
1. The suitability of the proposal for the general type of function, the
physical characteristics of the land, and relation of the proposed
development to surrounding areas and existing and probable
future development;
2. The sufficiency of supporting evidence in the application showing
that the proposed location can meet the basic criteria for
exceptional design;
3. The relation to major roads and mass transit facilities, utilities, and
other facilities and services;
4. The adequacy of evidence of unified control and the suitability of
any proposed agreements, contracts, deed restrictions, sureties,
dedications, contributions, guarantees, or other instruments, or the
need for such instruments, or for amendments in those proposed;
5. The suitability of plans proposed or the suggestion of conditions;
and
6. The consistency with the Comprehensive Plan and other adopted
plans for development in the vicinity, and how the EDZD district
might be reasonable and in the public interest if approved.
5. Public Hearing Scheduling and Public Notification
The Planning Director shall schedule public hearings and provide public
notification in accordance with Section 10.2.6, Public Hearing Scheduling
and Public Notification.
6. Planning Board Review and Action
a. The Planning Board shall conduct a public hearing on the application
and make a recommendation on the application in accordance with
Section 10.2.8, Advisory Body Review and Action, and Section
10.3.4.D, Master Planned Development Review Standards. The
Planning Board’s recommendation shall address whether the
Unified Development Ordinance | New Hanover County, NC 10-35
proposed master planned development is consistent with the
Comprehensive Plan.
b. If the Planning Board’s decision is to recommend denial of the
application, the applicant must submit written notice to the Planning
Director of the applicant’s intent to proceed with a hearing before the
Board of Commissioners within 10 calendar days of the Planning
Board’s decision. If the applicant does not provide such notice within
that time period, the application shall be deemed withdrawn and no
further review of the application shall occur.
7. Board of Commissioners Review and Action
a. If appropriate, the Board of Commissioners shall conduct a public
hearing on the application and make a decision on the application in
accordance with Section 10.2.9, Decision-making Body Review and
Action, and Section 10.3.4.D, Master Planned Development Review
Standards. The decision of the Board of Commissioners shall be one
of the following:
1. Approve the master planned development district subject to the
MPD Master Plan and MPD Terms and Conditions document in
the application;
2. Approve the master planned development district subject to
additional or revised conditions related to the MPD Master Plan or
MPD Terms and Conditions document;
3. Deny the master planned development district; or
4. Remand the master planned development application back to the
Planning Board for further consideration.
b. Prior to deciding to adopt or deny a master planned development, the
Board of Commissioners shall adopt a statement that:
1. Addresses the consistency of the master planned development
with the Comprehensive Plan by either:
i. Describing the consistency or inconsistency of the master
planned development with the Comprehensive Plan; or
ii. If the master planned development is approved, declaring that
the approval is also deemed an amendment to the
Comprehensive Plan, and providing an explanation of the
change in conditions Board of Commissioners took into
account in approving the master planned development to
meet the development needs of the community. No additional
request or application for amendment to the Comprehensive
Plan shall be required.
2. Explains why the decision is reasonable and in the public interest.
8. Post-Decision Limitations and Actions
The post-decision limitations and actions in Section 10.2.10 apply, in
addition to the provisions in subsections a through c below.
10-36 New Hanover County, NC | Unified Development Ordinance
a. Effect of Approval
1. Lands classified to master planned development district shall be
subject to the approved MPD Master Plan and MPD Terms and
Conditions document. Such approval does not itself authorize
specific development activity, but allows the property owner to
obtain subsequent development approvals and permits necessary
to implement the MPD Master Plan and MPD Terms and
Conditions document, in accordance with the applicable
procedures and standards set forth in this Ordinance.
Subsequent development approvals and permits shall comply with
the MPD Master Plan and MPD Terms and Conditions document.
2. Approval of an MPD Master Plan shall establish a vested right in
accordance with N.C.G.S. §§ 153A-344.1(c) and (d).
b. Minor Deviations
Subsequent applications for development within a master planned
development district may include minor modifications from the
approved MPD Master Plan and MPD Terms and Conditions
document, provided such modifications have no material effect on the
character of the approved development. Changes in the following
constitute minor modifications that may be approved by the Planning
Director:
1. Modifications in building placement, provided the placement does
not decrease approved setbacks by more than 10 percent;
2. Increases to building size and height not to exceed 10 percent
provided all other applicable standards of this Ordinance are met;
3. Modifications to structure floor plans;
4. Modifications to the driveway locations not exceeding 10 percent
of the length of the subject property line, or as required by the
North Carolina Department of Transportation; and
5. Modifications to the proportion of housing type not to exceed 10
percent.
c. Expiration
1. If no building permit has been issued for the land approved as a
master planned development district within two years of the date
of approval, the Planning Director may, at the Planning Director’s
discretion, schedule a hearing for the Planning Board to consider
whether active efforts are proceeding in accordance with the
approved master planned development. If the Planning Board
determines that such efforts are not proceeding, the Board may, at
the Board’s discretion, initiate a Zoning Map amendment in
accordance with Section 10.3.2, Zoning Map Amendment, to
rezone the master planned development district to its classification
prior to approval, or to another zoning district the Board
determines is appropriate.
Unified Development Ordinance | New Hanover County, NC 10-37
2. A landowner may request, and the Planning Director may grant,
one, one-year extension of the two-year time period established in
subsection 1 above if the Planning Director determines that site
conditions have not substantially changed since the approval of
the master planned development district. The applicant must
submit the request in writing prior to the expiration of the time
period.
3. If site conditions have substantially changed since the approval of
the master planned development district, a landowner may
request and the Board of Commissioners may grant, at a
regularly-scheduled public meeting, one extension not to exceed
three years, of the two-year time period established in subsection
1 above. The applicant must submit the request in writing prior to
the expiration of the time period.
D. Master Planned Development Review Standards
The advisability of establishing a master planned development district is a
matter committed to the legislative discretion of the Board of Commissioners.
In determining whether to approve a proposed master planned development
district, the Board of Commissioners shall consider the review standards for
Zoning Map amendments in Section 10.3.2.C, Zoning Map Amendment
Review Standards. The Board of Commissioners shall not approve a master
planned development district unless it complies with the requirements in
Section 3.3.3, General Requirements for Mixed Use Zoning Districts, and the
standards that apply to the specific master planned development district set
forth in Section 3.3, Mixed Use Zoning Districts.
10.3.5. SPECIAL USE PERMIT
A. Purpose
A use designated as a special use in Table 4.2.1: Principal Use Table, in a
particular zoning district, is a use that may be appropriate in the district, but
because of its nature, extent, and external impacts, requires special
consideration of its location, design, and methods of operation before it can
be deemed appropriate in the district and compatible with its surroundings.
The purpose of this section is to establish a uniform mechanism for the
review of special uses to ensure they are appropriate for the location and
zoning district where they are proposed.
B. Applicability
Approval of a special use permit in accordance with this this section is
required before development of any use identified as a special use in Table
4.2.1: Principal Use Table.
C. Special Use Permit Procedure
Figure 10.3.5.C summarizes the requirements and procedures in Section
10.2, Standard Review Procedures, that apply to special use permits.
Subsections 1 through 7 below, specify the required procedure for a special
10-38 New Hanover County, NC | Unified Development Ordinance
use permit, including applicable additions or modifications to the standard
review procedures.
Figure 10.3.5.C: Summary of Special Use Permit Procedure
Public Hearing Procedures
(Optional)
Pre-Application Conference
1*
Community
Information
Meeting
2
Application
Submittal &
Acceptance
3
Planning
Director Review
& Staff Report
(TRC Optional)
4
Public Hearing
Scheduling &
Notification
5
Planning Board
Hearing &
Recom-
mendation
6
Board of
Commissioners
Hearing &
Decision
7
Post-Decision
Limitations and
Actions
1. Community Information Meeting
If the proposed use is classified as intensive industry, the applicant shall
conduct a community information meeting in accordance with Section
10.2.3, Community Information Meeting. In all other cases, the applicant
may conduct a community information meeting in accordance with
Section 10.2.3 at the applicant’s option.
2. Application Submittal and Acceptance
Applications shall be submitted in accordance with Section 10.2.4,
Application Submittal and Acceptance. The required completeness review
must be completed within five business days after the application
submittal date.
3. Staff Review and Action
a. If requested by the applicant, the TRC shall review the application and
provide any comments on the proposed special use permit to the
Planning Director, who shall transmit any comments received from the
TRC in writing to the applicant.
b. In preparation for the Planning Board’s public hearing on the
application, the Planning Director shall review the application and
prepare a staff report in accordance with Section 10.2.5, Staff Review
and Action, which the Clerk to the Planning Board shall publish in the
agenda package for the Planning Board meeting for which the public
hearing on the application is scheduled. The staff report shall:
1. Summarize the proposed development and preliminary findings of
fact; and
2. Address the review standards in Section 10.3.5.D, Special Use
Permit Review Standards, stating whether each standard is met or
identifying, in staff’s view, any additional information necessary for
the Planning Board to provide a recommendation to the Board of
Commissioners whether each standard is met.
c. In preparation for the Board of Commissioners’ public hearing on the
application, the Planning Director shall prepare a staff report in
Unified Development Ordinance | New Hanover County, NC 10-39
accordance with Section 10.2.5, Staff Review and Action, which the
Clerk to the Board of Commissioners shall publish in the agenda
package for the Board of Commissioners meeting for which the public
hearing on the application is scheduled. The staff report shall:
1. Summarize the special use permit request, the information and
materials provided in the application package and presented at
the Planning Board public hearing(s), the Planning Board’s
recommendations, and preliminary findings of fact; and
2. Address the review standards in Section 10.3.5.D, Special Use
Permit Review Standards, stating whether each standard is met or
identifying, in staff’s view, any additional information necessary for
the Board of Commissioners to be able to determine whether each
standard is met.
4. Public Hearing Scheduling and Public Notification
The Planning Director shall schedule public hearings and provide public
notification in accordance with Section 10.2.6.
5. Planning Board Review and Action
a. The Planning Board shall conduct a public hearing on the application
and make a recommendation on the application in accordance with
Section 10.2.8, Advisory Body Review and Action, and Section
10.3.5.D, Special Use Permit Review Standards.
b. Following the hearing and the Planning Board’s recommendation, the
Planning Director shall prepare a report to inform the Board of
Commissioners of whether the standards in Section 10.3.5.D, Special
Use Permit Review Standards, have been met or to identify, from
staff’s perspective, issues or areas that the Board of Commissioners
may need more information on in order to reach a required
conclusion. The report shall summarize the special use permit
request, the information and materials provided in the application
package and presented at the Planning Board public hearing(s), the
Planning Board’s recommendations, and preliminary findings of fact.
6. Board of Commissioners Review and Action
a. The Board of Commissioners shall conduct a quasi-judicial public
hearing on the application and make a decision in accordance with
Section 10.2.9, Decision-making Body Review and Action, and
Section 10.3.5.D, Special Use Permit Review Standards. The decision
of the Board of Commissioners shall be one of the following:
i. Approve the special use permit application as submitted;
ii. Approve the approve the special use permit application,
subject to conditions of approval; or
iii. Deny the planned development.
b. A motion to approve, approved with conditions, or deny the
application must include findings of fact and conclusions as to
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whether the application complies with each of the required standards
in Section 10.3.5.D, Special Use Permit Review Standards.
c. The Board of Commissioners may attach conditions of approval,
including time limits for completion of development or for the start or
end of certain uses or activities. Conditions of approval shall meet or
exceed the minimum requirements of this Ordinance.
7. Post-Decision Limitations and Actions
The post-decision limitations and actions in Section 10.2.10, Post-
decision Limitations and Actions, apply, except the limitation on
subsequent submittal of applications proposing the same or similar
development if the initial application is denied in Section 10.2.10.F,
Limitation on Subsequent Similar Applications, is not limited to one year
but applies in perpetuity. Additionally, the provisions in subsections a
through c below, apply.
a. Appeal
A decision by the Board of Commissioners on a special use permit
may be appealed to the Superior Court of New Hanover County in
accordance with state law.
b. Minor Deviations
Subsequent applications for development pursuant to an approved
special use permit may include minor modifications from the approved
special use permit, provided such modifications have no material
effect on the character of the approved development. Changes in the
following constitute minor modifications that may be approved by the
Planning Director:
1. Modifications in building placement, provided the placement does
not decrease approved setbacks by more than 10 percent;
2. Increases to building size and height not to exceed 10 percent
provided all other applicable standards of this Ordinance are met;
3. Modifications to structure floor plans;
4. Modifications to the driveway locations not exceeding 10 percent
of the length of the subject property line, or as required by the
North Carolina Department of Transportation; and
5. Modifications to the proportion of housing type not to exceed 10
percent.
The Planning Director may approve minor deviations in the location
and size of structures of an approved special use permit if the
applicant demonstrates that the deviation is necessary and would not
cause or contribute to any of the following:
Unified Development Ordinance | New Hanover County, NC 10-41
1. A change in the character of the development;
2. A change of design for, or an increase in the hazards to
pedestrian and vehicle circulation; or
3. A modification in the originally approved setbacks from roads or
property lines exceeding ten percent.
c. Expiration
1. A special use permit shall automatically expire and become null
and void if construction or occupancy of the proposed use as
specified on the special use permit is not commenced within two
years after the date of issuance, unless the applicant submits a
written request for an extension to the Planning Director prior to
the expiration, and the request is granted in accordance with
subsection 2 or 3 below.
2. A landowner may request, and the Planning Director may grant,
one, one-year extension of the two-year time period established in
subsection 1 above, if the Planning Director determines that site
conditions have not substantially changed since the approval of
the special use permit.
3. If site conditions have substantially changed since the approval of
the special use permit, a landowner may request, and the Board
of Commissioners may grant, at a regularly-scheduled public
meeting, one extension of the two-year time period established in
subsection 1 above, of up to three years.
4. The total vesting period for extensions granted in accordance with
subsections 2 and 3 above shall not exceed five years.
D. Special Use Permit Review Standards
The Board of County Commissioners shall approve an application for a
special use permit only if it reaches each of the following conclusions based
on findings of fact supported by competent, substantial, and material
evidence presented at the hearing:
1. The use will not materially endanger the public health or safety if located
where proposed and approved;
2. The use meets all required conditions and specifications of this
Ordinance;
3. The use will not substantially injure the value of adjoining or abutting
property, or the use is a public necessity; and
4. The location and character of the use if developed according to the plan
as submitted and approved will be in harmony with the area in which it is
to be located and in general conformity with the Comprehensive Land
Use Plan for New Hanover County.
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10.3.6. SITE PLAN
A. Purpose
The purpose of this section is to provide a uniform mechanism to ensure the
layout, form, and general design of proposed development complies with all
applicable standards of this Ordinance and all other applicable County and
state regulations.
B. Applicability
1. Approval of a major or minor site plan in accordance with this section is
required prior to the issuance of a zoning compliance approval, building
permit, or certificate of occupancy for any development that is not
exempted by subsection 2 below.
2. The following types of development are exempt from the requirements of
this section:
a. Internal construction that does not:
1. Increase building height;
2. Increase the density or intensity of use; or
3. Require changes to parking or landscaping in accordance with
Section 5.1, Parking and Loading, and Section 5.4, Landscaping
and Buffering; and
b. Any change in use that does not result in additional parking or
landscaping in accordance with Section 5.1, Parking and Loading,
and Section 5.4, Landscaping and Buffering.
C. Major and Minor Site Plans Distinguished
There are two types of site plan review under this Ordinance: major site plan
review and minor site plan review.
1. Major Site Plans
Major site plans are reviewed by the TRC in accordance with Section
10.3.6.D, Major Site Plan Procedure. Major site plan review is required for
development that requires site plan review in accordance with Section
10.3.6.B, Applicability, and that
a. Increases impervious surface by more than 10,000 square feet; or
b. Includes more than 5,000 square feet of building gross floor area.
2. Minor Site Plans
Minor site plans are reviewed by the Planning Director in accordance with
Section 10.3.6.E, Minor Site Plan Procedure. Minor site plan review is
required for development that requires site plan review in accordance with
Section 10.3.6.B, Applicability, and that does not require major site plan
review in accordance with subsection 1 above.
Unified Development Ordinance | New Hanover County, NC 10-43
D. Major Site Plan Procedure
Figure 10.3.6.D summarizes the requirements and procedures in Section
10.2, Standard Review Procedures, that apply to a major site plan.
Subsections 1 through 3 below, specify the required procedure for a major
site plan, including applicable additions or modifications to the standard
review procedures.
Figure 10.3.6.D: Summary of Major Site Plan Procedure
(Optional)
Pre-Application
Conference
(Optional)
Community
Information
Meeting
1
Application
Submittal &
Acceptance
2
TRC Review &
Decision
Public Hearing
Scheduling &
Notification
Advisory Body
Review & Action
Decision-
Making Body
Review & Action
3
Post-Decision
Limitations and
Actions
1. Application Submittal and Acceptance
Applications shall be submitted in accordance with Section 10.2.4,
Application Submittal and Acceptance.
2. Staff Review and Action
The TRC shall review the application and make a decision, in accordance
with Section 10.2.5, Staff Review and Action, and Section 10.3.6.F, Site
Plan Review Standards. The TRC’s decision shall be one of the following:
a. Approve the application as submitted;
b. Approve the application, subject to conditions of approval; or
c. Deny the application.
3. Post-Decision Limitations and Actions
The post-decision limitations and actions in Section 10.2.10, Post-
decision Limitations and Actions, apply.
E. Minor Site Plan Procedure
Figure 10.3.6.E summarizes the requirements and procedures in Section
10.2, Standard Review Procedures, that apply to minor site plans.
Subsections 1 through 3 below, specify the required procedure for a minor
site plan, including applicable additions or modifications to the standard
review procedures.
10-44 New Hanover County, NC | Unified Development Ordinance
Figure 10.3.6.E: Summary of Minor Site Plan Procedure
(Optional)
Pre-Application
Conference
(Optional)
Community
Information
Meeting
1
Application
Submittal &
Acceptance
2
Planning
Director Review
& Decision
(TRC Optional)
Public Hearing
Scheduling &
Notification
Advisory Body
Review & Action
Decision-
Making Body
Review & Action
3
Post-Decision
Limitations and
Actions
1. Application Submittal and Acceptance
Applications shall be submitted in accordance with Section 10.2.4,
Application Submittal and Acceptance.
2. Staff Review and Action
a. If requested by the applicant, the TRC shall review the application and
provide any comments on the minor site plan application to the
Planning Director, who shall transmit any comments received from the
TRC in writing to the applicant.
b. Following review by the TRC, as applicable, the Planning Director
shall review the application and make a decision in accordance with
Section 10.2.5, Staff Review and Action, and Section 10.3.6.F, Site
Plan Review Standards. The Planning Director’s decision shall be one
of the following:
1. Approve the application as submitted;
2. Approve the application, subject to conditions of approval; or
3. Deny the application.
3. Post-Decision Limitations and Actions
The post-decision limitations and actions in Section 10.2.10, Post-
decision Limitations and Actions, apply.
F. Site Plan Review Standards
The TRC or the Planning Director, as appropriate, shall approve a site plan
application only on finding that the applicant demonstrates there is
competent, substantial, and material evidence in the record that all of the
following standards are met:
1. The proposed development and uses in the site plan comply with Article
3: Zoning Districts, and Article 4: Uses and Use-Specific Standards;
2. The development proposed in the site plan and its general layout and
design comply with all the standards in Article 5: General Development
Standards, and Article 6: Subdivision Design and Improvement;
3. The development proposed in the site plan complies with all conditions of
approval in any development approval or permit to which the plan is
subject; and
Unified Development Ordinance | New Hanover County, NC 10-45
4. The development proposed in the site plan complies with all other
applicable standards in this Ordinance and all other County regulations.
10.3.7. SUBDIVISION
A. Purpose
The purpose of this section is to provide a uniform mechanism for the
approval of divisions of land and to ensure that plats (subdivisions) promote
the health, safety, convenience, order, prosperity, and welfare of the present
and future inhabitants of the County by:
1. Providing for the orderly growth and development of the County;
2. Coordinating streets and roads within proposed plat with the County’s
street system and transportation plans, and with other public facilities;
3. Providing rights-of-way for streets and utility easements;
4. Avoiding congestion and overcrowding, and encouraging the proper
arrangement of streets in relation to existing or planned streets;
5. Ensuring there is adequate open space and recreation facilities to serve
development; and
6. Ensuring there is proper recordation of land ownership or property owner
association records, where applicable.
B. Applicability
1. Subdivision review and approval in accordance with the procedures and
standards in this section are required for any division of land within the
subdivision jurisdiction of the County, unless exempted in accordance
with subsection 2 below.
2. The following are excluded from the definition of subdivision under this
Ordinance and are not subject to the requirements of this section:
a. The combination or recombination of portions of previously subdivided
and recorded lots where the total number of lots is not increased and
the resultant lots are equal to or exceed the standards in Article 6:
Subdivision Design and Improvement;
b. The division of land into parcels greater than ten acres where no
street right-of-way dedication is involved;
c. The public acquisition by purchase, of strips of land for the widening
or opening of streets or for public transportation system corridors;
d. The division of a tract in single ownership whose entire area is no
greater than two acres into not more than three lots, where no street
right-of-way dedication is involved and where the resultant lots are
equal to or exceed the standards of the County as shown in Article 6:
Subdivision Design and Improvement; and
e. The division of a tract into parcels in accordance with the terms of a
probated will or in accordance with intestate succession under
Chapter 29 of the General Statutes.
10-46 New Hanover County, NC | Unified Development Ordinance
3. The provisions of this section shall not prohibit any landowner or
landowner’s agent from entering into contracts to sell or lease by
reference to an approved preliminary plan in accordance with N.C.G.S. §
153A-334.
C. Major and Minor Subdivisions Distinguished
There are two types of subdivision review under this Ordinance: major
subdivision review and minor subdivision plat review.
1. Major Subdivision
Major subdivision review and approval in accordance with Section
10.3.7.D, Major Subdivision Procedures and Standards, is required for all
subdivisions that are not reviewed as a minor subdivision plat in
accordance with subsection 2 below. Approval of a major subdivision
requires approval of a preliminary plan, construction plans, and one or
more final plats as set forth in subsection a through c below.
a. Approval of a preliminary plan in accordance with Section 10.3.7.D.1,
Preliminary Plan Procedure, is required prior to the submittal and
review of Construction Drawings (see Section 10.3.7.D.2) and the
submittal and review of final plat applications (see Section
10.3.7.D.3).
b. Approval of construction plans in accordance with Section 10.3.7.D.2,
Construction Plans Procedure, is required prior to the installation of
any required improvements and the submittal and review of final plat
applications (see Section 10.3.7.D.3). Subject to sewer availability,
building permits may be issued after approval of construction plans.
No land-disturbing activity or tree removal may begin on any site
subject to the provisions of this Ordinance until all required
development approvals and permits are issued.
c. Approval of a final plat in accordance with Section 10.3.7.D.3, Final
Plat Procedure, is required prior to recording the plat in the Office of
the Register of Deeds. The final plat shall be recorded in the Office of
the Register of Deeds prior to the sale or lease of land or buildings
within the subdivision.
2. Minor Subdivision Plat
Minor subdivision plat review and approval in accordance with Section
10.3.7.E, Minor Subdivision Plat Procedure and Standards, is required for
any subdivision:
a. Involving not more than five lots, all of which front on an existing
approved street; and
b. Not involving any new streets or prospectively requiring any new
street for access to interior property; and
c. Not requiring drainage improvements or easements to serve the
applicant's property or interior properties.
Unified Development Ordinance | New Hanover County, NC 10-47
D. Major Subdivision Procedures and Standards
1. Preliminary Plan Procedure
Figure 10.3.7.D.1 summarizes the requirements and procedures in
Section 10.2, Standard Review Procedures, that apply to preliminary
plans. Subsections a through c below, specify the required procedure for
a preliminary plan, including applicable additions or modifications to the
standard review procedures.
Figure 10.3.7.D.1: Summary of Preliminary Plan Procedure
(Optional)
Pre-Application
Conference
(Optional)
Community
Information
Meeting
1
Application Submittal & Acceptance
2
TRC Review & Decision
Public Hearing
Scheduling &
Notification
Advisory Body
Review & Action
Decision-
Making Body
Review & Action
3
Post-Decision Limitations and Actions
a. Application Submittal and Acceptance
Applications shall be submitted in accordance with Section 10.2.4,
Application Submittal and Acceptance. If the proposed subdivision will
generate more than 100 trips during the peak hour, a traffic impact
study must be submitted prior to approval of the application. The
traffic impact study shall be prepared in accordance with Standards
and Guidelines approved by the County. If a proposed major
thoroughfare runs through or is associated with the tract of land to be
subdivided, a sketch plan may be submitted for staff review prior to
the submission of an application for a preliminary plat.
b. Staff Review and Action
The TRC shall review the application, hear any comments from the
applicant or other interested persons at a meeting of the TRC, and
make a decision, in accordance with Section 10.2.5, Staff Review and
Action, and Section 10.3.7.D.4.a, Preliminary Plan Review Standards.
The TRC’s decision shall be one of the following:
1. Approve the application as submitted;
2. Approve the application, subject to conditions of approval; or
3. Require that the application be revised to address deficiencies in
complying with applicable development standards.
All subdivisions which require an erosion and sedimentation plan
and/or require a Coastal Area Management Act (CAMA) major permit
must be reviewed by the North Carolina Division of Water Quality for
compliance with the Water Supply Watershed Projection Rules (15A
NCAC 28.022) and the Coastal Storm Water Rules (15A NCAC
2H.1000).
10-48 New Hanover County, NC | Unified Development Ordinance
c. Post-Decision Limitations and Actions
1. The post-decision limitations and actions in Section 10.2.10, Post-
decision Limitations and Actions, apply.
2. If the application is not approved, the applicant may submit a
revised preliminary plan in accordance with the application
requirements in the Administrative Manual. Review of the revised
preliminary plan shall be in accordance with this section
(10.3.7.D.1).
3. If the application is approved, approval shall be noted on the plan.
One copy of the plan shall be transmitted to the applicant and
another copy shall be retained by the Planning Department.
4. Preliminary plan approval shall automatically expire and become
void if the subdivider does not submit a final plat for all or part of
the lands subject to the approved preliminary plan within two
years of the preliminary plan approval date, unless an extension of
time is granted in accordance with subsection 5 below.
5. The TRC may grant up to two, one-year extensions of the time
period set forth in subsection 4 above, for good cause, if the
applicant submits a written request for an extension prior to the
expiration of the preliminary plan approval.
2. Construction Plans Procedure
Figure 10.3.7.D.2 summarizes the requirements and procedures in
Section 10.2, Standard Review Procedures, that apply to construction
plans. Subsections a through c below, specify the required procedure for
construction plans, including applicable additions or modifications to the
standard review procedures.
Figure 10.3.7.D.2: Summary of Construction Plans Procedure
(Optional)
Pre-Application Conference
(Optional)
Community Information
Meeting
1
Application
Submittal &
Acceptance
2
TRC Review &
Decision
Public Hearing
Scheduling &
Notification
Advisory Body
Review & Action
Decision-
Making Body
Review & Action
3
Post-Decision
Limitations and
Actions
a. Application Submittal and Acceptance
Applications shall be submitted in accordance with Section 10.2.2,
Application Submittal and Acceptance, except applications shall be
submitted to the County Engineer, who shall make a determination of
completeness and perform other administrative duties pertaining to
the application.
Unified Development Ordinance | New Hanover County, NC 10-49
b. Staff Review and Action
1. The TRC shall review the application and make a decision in
accordance with Section 10.2.5, Staff Review and Action, and
Section 10.3.7.D.4.b, Construction Plans Review Standards. The
TRC’s decision shall be one of the following:
i. Approve the application as submitted;
ii. Approve the application, subject to conditions of approval; or
iii. Deny the application.
2. If the application is approved, the County Engineer shall issue an
approval letter for the installation of the required improvements in
accordance with the approved plans and the design standards
specified in this Ordinance.
c. Post-Decision Limitations and Actions
1. The post-decision limitations and actions in Section 10.2.10, Post-
decision Limitations and Actions, apply.
2. The Planning Director, in conjunction with the appropriate
agencies, shall review and approve all required improvements
prior to the final plat being approved (see Section 10.3.7.D.4.c,
Final Plat Review Standards).
3. Final Plat Procedure
Figure 10.3.7.D.3 summarizes the requirements and procedures in
Section 10.2, Standard Review Procedures, that apply to final plats.
Subsections a through c below, specify the required procedure for a final
plat, including applicable additions or modifications to the standard review
procedures.
Figure 10.3.7.D.3: Summary of Final Plat Procedure
(Optional)
Pre-Application
Conference
(Optional)
Community
Information
Meeting
1
Application
Submittal &
Acceptance
2
Planning
Director Review
& Decision
Public Hearing Scheduling & Notification
Advisory Body Review & Action
Decision-Making Body Review & Action
3
Post-Decision
Limitations and
Actions
a. Application Submittal and Acceptance
Applications shall be submitted in accordance with Section 10.2.2,
Application Submittal and Acceptance.
b. Staff Review and Action
The Planning Director shall review the application and make a
decision in accordance with Section 10.2.5, Staff Review and Action,
10-50 New Hanover County, NC | Unified Development Ordinance
and Section 10.3.7.D.4.c, Final Plat Review Standards. The Planning
Director’s decision shall be one of the following:
1. Approve the application; or
2. Deny the application.
c. Post-Decision Limitations and Actions
1. The post-decision limitations and actions in Section 10.2.10, Post-
decision Limitations and Actions, apply.
2. If the application is approved, the Planning Director shall indicate
in writing on the original tracing that the plat is approved. After the
affixing of all required signatures (except Certificate of
Registration by the Register of Deeds) the final plat shall be
returned to the applicant.
3. The applicant shall file an approved final plat with the Office of the
Register of Deeds for recording within 90 days of the date of its
approval by the Planning Director or such approval shall be void,
unless the Planning Director grants an extension of that time
period for good cause.
4. Major Subdivision Review Standards
a. Preliminary Plan Review Standards
The TRC shall approve a preliminary plan application only if a traffic
impact study is submitted in accordance with Section 10.3.7.D.1.a,
and only on finding that the proposed subdivision complies with the
applicable standards in Article 6: Subdivision Design and
Improvement, all other applicable standards of this Ordinance, and all
other applicable County and state laws and regulations.
b. Construction Plans Review Standards
The TRC shall approve construction plans on finding that the plans
are in substantial conformance with the approved preliminary plan and
comply with the applicable standards in Article 6: Subdivision Design
and Improvement, and all other applicable County and state laws and
regulations.
c. Final Plat Review Standards
The Planning Director shall approve a final plat application only on
finding the following:
1. The final plat conforms substantially to the preliminary plan as it
was approved;
2. The final plat complies with the applicable standards in Article 6:
Subdivision Design and Improvement, and with all other
applicable County and state laws and regulations, including the
provisions in N.C.G.S. Section 47-30;
3. The final plat complies with the policies of New Hanover County in
regard to mapping; and
Unified Development Ordinance | New Hanover County, NC 10-51
4. All required improvements have been installed in accordance with
the requirements of this Ordinance and any other applicable
County and state regulations, or a financial guarantee is provided
for any required improvements that are not installed in accordance
with Section 6.3.2, Guarantees of Improvements.
E. Minor Subdivision Plat Procedure and Standards
1. Minor Subdivision Plat Procedure
Figure 10.3.7.E.1 summarizes the requirements and procedures in
Section 10.2, Standard Review Procedures, that apply to a minor
subdivision plat. Subsections a through c below, specify the required
procedure for minor subdivision plats, including applicable additions or
modifications to the standard review procedures.
Figure 10.3.7.E.1: Summary of Minor Subdivision Plat Procedure
(Optional)
Pre-Application Conference
(Optional)
Community Information Meeting
1
Application
Submittal &
Acceptance
2
Planning
Director Review
& Decision
Public Hearing
Scheduling &
Notification
Advisory Body
Review & Action
Decision-
Making Body
Review & Action
3
Post-Decision
Limitations and
Actions
a. Application Submittal and Acceptance
Applications shall be submitted in accordance with Section 10.2.4,
Application Submittal and Acceptance. In addition to the other
application requirements set forth in the Administrative Manual, the
application shall include one original print of the plat, drawn in ink on
film or linen in a size suitable for recording.
b. Staff Review and Action
1. The Planning Director shall review the application and make a
decision in accordance with Section 10.2.5, Staff Review and
Action, and Section 10.3.7.E.2, Minor Subdivision Plat Standards.
The Planning Director’s decision shall be one of the following:
i. Approve the application; or
ii. Deny the application.
2. If the Planning Director approves the application, the Planning
Director shall stamp the plat as an approved minor subdivision.
3. All subdivisions which require an erosion and sedimentation plan
and/or require a Coastal Area Management Act (CAMA) major
permit must be reviewed by the North Carolina Division of Water
Quality for compliance with the Water Supply Watershed
Projection Rules (15A NCAC 28.022) and the Coastal Storm
Water Rules (15A NCAC 2H.1000).
10-52 New Hanover County, NC | Unified Development Ordinance
c. Post-Decision Limitations and Actions
The post-decision limitations and actions in Section 10.2.10, Post-
decision Limitations and Actions, apply. The applicant shall file an
approved final plat with the Office of the Register of Deeds for
recording after approval.
2. Minor Subdivision Plat Standards
The Planning Director shall approve a minor subdivision plat application
only on finding that the proposed subdivision complies with the applicable
standards in Article 6: Subdivision Design and Improvement, all other
applicable standards of this Ordinance, and all other applicable County
and state laws and regulations, including the provisions in N.C.G.S. § 47-
30.
10.3.8. ZONING COMPLIANCE APPROVAL
A. Purpose
The purpose of zoning compliance approval is to provide a uniform
mechanism to ensure development complies with the requirements of this
Ordinance, either in conjunction with a building permit application or as a
separate application if no building permit is required.
B. Applicability
A zoning compliance approval is required for the following activities:
1. Establishment of a new use other than bona fide farms;
2. Erection, alteration, moving, or repair of any building; and
3. Occupying or permitting the use or occupancy of any building or
premises, or part thereof, created, erected, changed, converted, or wholly
or partly altered or enlarged in its use or structure.
C. Zoning Compliance Approval Procedure
Figure 10.3.8.C summarizes the requirements and procedures in Section
10.2, Standard Review Procedures, that apply to zoning compliance
approvals. Subsections 1 through 3 below, specify the required procedure for
a zoning compliance approval, including applicable additions or modifications
to the standard review procedures.
Figure 10.3.8.C: Summary of Zoning Compliance Approval Procedure
(Optional)
Pre-Application
Conference
(Optional)
Community
Information
Meeting
1
Application
Submittal &
Acceptance
2
Planning
Director Review
& Decision
Public Hearing
Scheduling & Notification
Advisory Body
Review & Action
Decision-
Making Body Review & Action
3
Post-Decision
Limitations and
Actions
Unified Development Ordinance | New Hanover County, NC 10-53
1. Application Submittal and Acceptance
Applications shall be submitted in accordance with Section 10.2.4,
Application Submittal and Acceptance.
2. Staff Review and Action
The Planning Director shall review the application and make a decision in
accordance with Section 10.2.5, Staff Review and Action, and Section
10.3.8.D, Zoning Compliance Approval Review Standards. The Planning
Director’s decision shall be one of the following:
a. Approve the application as submitted;
b. Approve the application, subject to conditions of approval; or
c. Require the application be revised to address deficiencies in
complying with applicable development standards .
3. Post-Decision Limitations and Actions
a. The post-decision limitations and actions in Section 10.2.10, Post-
decision Limitations and Actions, apply.
b. Zoning compliance approval issued on the basis of plans and
applications approved by the Planning Director authorizes only the
use, arrangements, and construction set forth in such approved plans
and applications. Subsequent use, arrangements, or construction that
do not comply with the zoning compliance approval shall be deemed a
violation of this Ordinance and shall be subject to Article 12: Violations
and Enforcement.
D. Zoning Compliance Approval Review Standards
The Planning Director shall issue a zoning compliance approval only on
finding that the proposed use of the building or land conforms to the
requirements of this Ordinance.
10.3.9. TREE REMOVAL PERMIT
A. Purpose
The purpose of this section is to provide a uniform mechanism for ensuring all
development complies with the standards in Section 5.3.4, Tree Retention.
B. Applicability
1. General
a. Unless a waiver, exemption, or exception applies in accordance with
subsection 2 below, no person, directly or indirectly, shall remove any
regulated tree identified in Section 5.3.4, Tree Retention, from public
or private property without first obtaining a tree removal permit in
accordance with this section.
b. Unless a waiver, exemption, or exception applies in accordance with
subsection 2 below, a tree removal permit is required before any
clearing, grading, or other authorizations are issued under this
10-54 New Hanover County, NC | Unified Development Ordinance
Ordinance, including erosion and sedimentation control permits (see
Article 8: Erosion and Sedimentation Control) and building permits.
c. An approved tree removal permit for new construction shall apply to
the entire site.
2. Waivers, Exemptions, and Exceptions
a. The Planning Director may waive the requirement for a tree removal
permit during an emergency such as a hurricane, tornado, windstorm,
tropical storm, flood, or other natural disaster.
b. The procedures and standards in this section do not apply to lands
exempted from the tree retention standards by Section 5.3.2,
Applicability.
c. If any regulated tree under Section 5.3.4, Tree Retention, is
determined to be creating a hazardous condition which immediately
endangers the public health, safety, or welfare, or causes an
immediate disruption of public services, the Planning Director may
authorize the removal of the tree without a tree removal permit.
C. Tree Removal Permit Procedure
Figure 10.3.9.C summarizes the requirements and procedures in Section
10.2, Standard Review Procedures, that apply to tree removal permits.
Subsections 1 through 3 below, specify the required procedure for a tree
removal permit, including applicable additions or modifications to the
standard review procedures.
Figure 10.3.9.C: Summary of Tree Removal Permit Procedure
(Optional)
Pre-Application
Conference
(Optional)
Community
Information
Meeting
1
Application
Submittal &
Acceptance
2
Planning
Director Review
& Decision
Public Hearing Scheduling & Notification
Advisory Body Review & Action
Decision-Making Body Review & Action
3
Post-Decision
Limitations and
Actions
1. Application Submittal and Acceptance
Applications shall be submitted in accordance with Section 10.2.4,
Application Submittal and Acceptance.
2. Staff Review and Action
a. The Planning Director shall review the application and make a
decision in accordance with Section 10.2.5, Staff Review and Action,
and Section 10.3.9.D, Tree Removal Permit Review Standards. The
Planning Director’s decision shall be one of the following:
1. Approve the application as submitted;
2. Approve the application, subject to conditions of approval; or
Unified Development Ordinance | New Hanover County, NC 10-55
3. Deny the application.
3. Post-Decision Limitations and Actions
The post-decision limitations and actions in Section 10.2.10, Post-
decision Limitations and Actions, apply, except that a tree removal permit
shall automatically expire six months after the date it is issued.
D. Tree Removal Permit Review Standards
The Planning Director shall issue a tree removal permit only on determining
the application complies with all applicable standards of Section 5.3, Tree
Retention, and that any of the following conditions exist:
1. Essential site improvements cannot be accommodated on the site without
the removal of protected or significant trees;
2. The regulated tree is dead, severely diseased, injured, or in danger of
falling close to existing or proposed structures;
3. The regulated tree is causing disruption of existing utility service or
causing passage problems upon the right-of-way;
4. The regulated tree is posing an identifiable threat to pedestrian or
vehicular safety;
5. The regulated tree violates state and local safety standards; or
6. Removal of the regulated tree is necessary to enhance or benefit the
health or condition of adjacent trees or property.
10.3.10. FLOODPLAIN DEVELOPMENT PERMIT
The requirements for submittal and review of floodplain development permit
applications are set forth in Article 9: Flood Damage Prevention.
10.3.11. VARIANCE – ZONING AND SUBDIVISION
A. Purpose
The purpose of a variance is to allow certain deviations from specified
standards of this Ordinance when the landowner demonstrates that, owing to
special conditions beyond the landowner’s control (such as exceptional
topographical conditions, narrowness, shallowness, or the shape of a specific
parcel of land), a literal application of the standards would result in undue and
unique hardship to the landowner and the deviation would not be contrary to
the public interest.
B. Applicability
1. The variance procedure in this section may be used to vary any of the
following standards:
a. Standards for maximum height, maximum lot coverage, setbacks,
minimum lot area, and minimum lot width for each zoning district in
Article 3: Zoning Districts;
b. Article 5: General Development Standards; and
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c. Article 6: Subdivision Design and Improvement.
2. The following variances are not allowed:
a. An increase in the development density (i.e. units per acre) beyond
that allowed in a base zoning district;
b. An increase in the number of a particular type of sign beyond that
allowed by Section 5.6, Signs; and
c. Permitting a use not allowed in a zoning district, or having the effect of
allowing a prohibited use or a prohibited sign.
C. Zoning and Subdivision Variance Procedure
Figure 10.3.11.C summarizes the requirements and procedures in Section
10.2, Standard Review Procedures, that apply to zoning and subdivision
variances. Subsections 1 through 5 below, specify the required procedure for
zoning and subdivision variances, including applicable additions or
modifications to the standard review procedures.
Figure 10.3.11.C: Summary of Zoning and Subdivision Variance Procedure
Public
Hearing
Procedures
(Optional)
Pre-Application Conference
(Optional)
Community Information Meeting
1
Application
Submittal &
Acceptance
2
Planning
Director Review
& Staff Report
3
Public Hearing
Scheduling &
Notification
Advisory Body
Review & Action
4
Board of
Adjustment/
Planning Board
Hearing &
Decision
5
Post-Decision
Limitations and
Actions
1. Application Submittal and Acceptance
Applications shall be submitted in accordance with Section 10.2.4,
Application Submittal and Acceptance.
2. Staff Review and Action
The Planning Director shall review the application and prepare a staff
report in accordance with Section 10.2.5, Staff Review and Action. A
recommended decision on the application shall not be included in staff
reports on variance applications.
3. Public Hearing Scheduling and Public Notification
The Planning Director shall schedule public hearings and provide public
notification in accordance with Section 10.2.6, Public Hearing Scheduling
and Public Notification.
4. Decision-Making Body Review and Action
a. The Board of Adjustment shall conduct a quasi-judicial public hearing
on the application and make a decision in accordance with Section
Unified Development Ordinance | New Hanover County, NC 10-57
10.2.9, Decision-making Body Review and Action, and Section
10.3.11.D, Zoning and Subdivision Variance Review Standards for a
zoning variance and the Planning Board for a subdivision variance.
The Board’s decision shall be one of the following:
1. Approve the application as submitted;
2. Approve the application subject to conditions of approval; or
3. Deny the application.
b. The concurring vote of four-fifths of the Board shall be necessary to
grant a variance.
5. Post-Decision Limitations and Actions
a. The post-decision limitations and actions in Section 10.2.10, Post-
decision Limitations and Actions, apply.
b. Any appeal of the Board of Adjustment’s or Planning Board’s decision
shall be to the Superior Court of New Hanover County, in accordance
with state law.
D. Zoning and Subdivision Variance Review Standards
1. Except as otherwise provided by subsection 2 below, the Board of
Adjustment or Planning Board shall grant a variance only if it reaches
each of the following conclusions based on findings of fact supported by
competent, substantial, and material evidence presented at the hearing:
a. Unnecessary hardship would result from the strict application of this
Ordinance. It shall not be necessary to demonstrate that, in the
absence of the variance, no reasonable use can be made of the
property.
b. The hardship results from conditions that are peculiar to the property,
such as location, size, or topography. Hardships resulting from
personal circumstances, as well as hardships resulting from
conditions that are common to the neighborhood or the general public,
may not be the basis for granting a variance.
c. The hardship did not result from actions taken by the applicant or the
property owner. The act of purchasing property with knowledge that
circumstances exist that may justify the granting of a variance shall
not be regarded as a self-created hardship.
d. The requested variance is consistent with the spirit, purpose, and
intent of this Ordinance, such that public safety is secured, and
substantial justice is achieved.
2. The Board of Adjustment shall grant a variance from the requirements of
Section 5.10, Airport Height Restriction, on finding that a copy of the
application was furnished to the Airport Authority for advice as to
aeronautical effects of the proposed variance and the Airport Authority
was given 15 days to respond to the application, and on reaching all of
the following conclusions, based on findings of fact supported by
competent, substantial, and material evidence presented at the hearing:
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a. A literal application or enforcement of the regulations will result in
unnecessary hardship; and
b. The relief granted, will not be contrary to the public interest, will not
create a hazard to air navigation, will do substantial justice, and will be
in accordance with the spirit of this Ordinance.
3. The following factors do no constitute sufficient grounds for approval of a
variance:
a. A request for a particular use that is expressly, or by inference,
prohibited in the zoning district;
b. Hardships resulting from factors other than application of the
standards of this Ordinance;
c. The fact that land or a structure may be utilized more profitably or be
more marketable with a variance;
d. The citing of other nonconforming or conforming uses of land or
structures in the same or other zoning districts; or
e. Financial hardship.
10.3.12. VARIANCE – FLOODPLAIN
The procedures and standards for obtaining a variance from the standards in
Article 9: Flood Damage Prevention, are set forth in Section 9.7.5, Variance
Procedures.
10.3.13. REASONABLE ACCOMMODATION
A. Applicability
1. General
This section provides a procedure for reasonable accommodation of
eligible persons in cases where the strict application of the standards of
this Ordinance would deprive them of their right to equal opportunity to
use a dwelling under the federal Fair Housing Act.
2. Eligible Persons
a. An eligible person is a person who meets the definition of a disabled
or handicapped person under federal law.
b. A person recovering from substance abuse is considered a person
with a disability or handicap provided they are not currently engaging
in the illegal use of controlled substances.
B. Reasonable Accommodation Procedure
Figure 10.3.13.B summarizes the requirements and procedures in Section
10.2, Standard Review Procedures, that apply to reasonable accommodation
applications. Subsections 1 through 5 below, specify the required procedure
for reasonable accommodation applications, including applicable additions or
modifications to the standard review procedures.
Unified Development Ordinance | New Hanover County, NC 10-59
Figure 10.3.13.B: Summary of Reasonable Accommodation Procedure
Public
Hearing
Procedures
(Optional)
Pre-Application
Conference
(Optional)
Community
Information Meeting
1
Application Submittal & Acceptance
2
Planning Director Review & Staff Report
3
Public Hearing Scheduling & Notification
Advisory Body
Review & Action
4
Board of Adjustment Hearing &
Decision
5
Post-Decision Limitations and Actions
1. Application Submittal and Acceptance
Applications shall be submitted in accordance with Section 10.2.4,
Application Submittal and Acceptance. No filing fee is required for a
reasonable accommodation application.
2. Staff Review and Action
The Planning Director shall review the application and prepare a staff
report in accordance with Section 10.2.5, Staff Review and Action. A
recommended decision on the application shall not be included in a staff
report on reasonable accommodation applications.
3. Public Hearing Scheduling and Public Notification
The Planning Director shall schedule public hearings and provide public
notification in accordance with Section 10.2.6, Public Hearing Scheduling
and Public Notification.
4. Decision-Making Body Review and Action
The Board of Adjustment shall conduct a quasi-judicial public hearing on
the application and make a decision in accordance with Section 10.2.9,
Decision-making Body Review and Action, and Section 10.3.13.C,
Reasonable Accommodation Review Standards. The Board’s decision
shall be one of the following:
a. Approve the application as submitted;
b. Approve the application with revisions; or
c. Deny the application.
5. Post-Decision Limitations and Actions
a. The post-decision limitations and actions in Section 10.2.10, Post-
decision Limitations and Actions, apply.
b. Any appeal of the Board of Adjustment’s decision shall be to the
Superior Court of New Hanover County, in accordance with state law.
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C. Reasonable Accommodation Review Standards
1. A reasonable accommodation application shall be approved on a finding
the proposed accommodation:
a. Will be used by an individual or individuals with a disability or
handicap protected under federal law;
b. Is the minimum needed to provide accommodation; and
c. Is reasonable and necessary.
2. For the purposes of this section, an accommodation is reasonable if it
would not undermine the legitimate purposes of this Ordinance, it does
not constitute a substantial alteration of this Ordinance or other County
standard, and it will not impose significant financial and administrative
burdens upon the County.
3. For the purposes of this section, an accommodation is 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 persons equal opportunity to use housing in residential districts
in the County.
10.3.14. APPEAL OF ADMINISTRATIVE DECISION
A. Applicability
Any person who has standing under N.C.G.S. 160A-393(d), or the County,
may appeal a decision, interpretation, or determination made by the Planning
Director or the TRC under this Ordinance to the Board of Appeals in
accordance with the procedures and standards in this section and state law.
B. Appeal of Administrative Decision Procedure
Figure 10.3.14.B summarizes the requirements and procedures in Section
10.2, Standard Review Procedures, that apply to an appeal of an
administrative decision. Subsections 1 through 4 below, specify the required
procedure for an appeal of an administrative decision, including applicable
additions or modifications to the standard review procedures.
Figure 10.3.14.B: Summary of Appeal of Administrative Decision Procedure
Public
Hearing
Procedures
(Optional)
Pre-Application
Conference
(Optional)
Community
Information
Meeting
Application
Submittal & Acceptance
Staff Review &
Action
2
Public Hearing Scheduling & Notification
Advisory Body
Review & Action
3
Board of Adjustment Hearing & Decision
4
Post-Decision Limitations and Actions 1 Notice of Appeal
Unified Development Ordinance | New Hanover County, NC 10-61
1. Notice of Appeal
The procedures and requirements in Section 10.2.4, Application Submittal
and Acceptance, and Section 10.2.5, Staff Review and Action, do not
apply to appeals of administrative decisions. Instead, a Notice of Appeal,
along with the required fees, shall be filed and processed in accordance
with subsections a through e below.
a. The appellant shall file a Notice of Appeal stating the grounds for the
appeal with the County Clerk within 30 days of:
1. Receipt of written notice in accordance with Section 10.2.10.A,
Notification to Applicant; or
2. If the appellant did not receive written notice in accordance with
Section 10.2.10.A, Notification to Applicant, receipt of actual or
constructive notice of the decision.
b. The Planning Director shall transmit all documents and exhibits
constituting the record upon which the decision appealed from is
taken to the Board of Adjustment, and shall provide a copy of the
record to the appellant and to the owner of the property that is the
subject of the appeal, if the appellant is not the owner.
c. An appeal of a notice of violation or other enforcement order stays
enforcement of the action appealed from, subject to subsections 1
and 2 below.
1. The official who made the decision may certify to the Board of
Adjustment, after the Notice of Appeal is filed, that because of the
facts stated in an affidavit:
i. A stay would cause imminent peril to life or property; or
ii. A stay would seriously interfere with enforcement of this
Ordinance because the violation is transitory in nature.
2. If a certification is made in accordance with subsection 1 above,
enforcement proceedings shall not be stayed except by a
restraining order, which may be granted by a court.
d. If enforcement proceedings are not stayed in accordance with
subsection c above, the appellant may file with the Planning Director a
request for an expedited hearing of the appeal, and the Board of
Adjustment shall meet to hear the appeal within 15 days after the
request is filed.
e. Decisions granting a permit or otherwise affirming that a proposed use
of property is consistent with this Ordinance shall not stay the further
review of applications for development approvals or permits for the
property. In such cases, the appellant may request, and the Board
may grant, a stay of a final decision of permit applications or building
permits affected by the issue being appealed.
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2. Public Hearing Scheduling and Public Notification
The Planning Director shall schedule the public hearing on the appeal
and provide public notification in accordance with Section 10.2.6, Public
Hearing Scheduling and Public Notification.
3. Decision-Making Body Action
a. The Board of Adjustment shall conduct a quasi-judicial public hearing
and make a decision on the appeal, by vote of a majority of members,
not counting vacant positions on the Board or members who are
disqualified from voting. The hearing and decision shall be in
accordance with Section 10.2.9, Decision-making Body Review and
Action, and Section 10.3.14.C, Appeal of Administrative Decision
Standards. The Board’s decision shall be one of the following:
1. Affirm (wholly or partly) the decision;
2. Modify the decision; or
3. Reverse the decision.
b. In making its decision, the Board of Adjustment shall have all the
powers of the official who made the decision and shall make any
order, requirement, decision, or determination that ought to be made.
4. Post-Decision Limitations and Actions
a. The post-decision limitations and actions in Section 10.2.10, Post-
decision Limitations and Actions, apply.
b. Any appeal of the Board of Adjustment’s decision shall be to the
Superior Court of New Hanover County, in accordance with state law.
C. Appeal of Administrative Decision Standards
The Board of Adjustment shall modify or reverse the decision on appeal only
if it finds, based upon competent, substantial, and material evidence in the
record, that there has been a clear and demonstrable error, abuse of
discretion, or denial of procedural due process in the application of the facts
in the record to the applicable standards of this Ordinance.
10.3.15. INTERPRETATION
A. Purpose
The purpose of the interpretation procedure in this section is to establish a
uniform mechanism for rendering formal written interpretations of the text of
this Ordinance and the boundaries or classifications on the Official Zoning
Map.
B. Applicability
1. The procedure and standards in this section are required for the
rendering of formal written interpretations of the text of this Ordinance and
the boundaries or classifications on the Official Zoning Map.
Unified Development Ordinance | New Hanover County, NC 10-63
2. Except as set forth in subsection 3 below, the Planning Director is
responsible for making interpretations of all provisions of this Ordinance,
including, but not limited to:
a. Interpretations of the text;
b. Interpretations of the zoning district boundaries; and
c. Interpretations of whether an unlisted use in Table 4.2.1: Principal
Use Table, is comparable to a listed use or not, and should be
allowed in a zoning district or prohibited in that district.
C. Interpretation Procedure
Figure 10.3.15.C summarizes the requirements and procedures in Section
10.2, Standard Review Procedures, that apply to interpretations. Subsections
1 through 3 below, specify the required procedure for an interpretation,
including applicable additions or modifications to the standard review
procedures.
Figure 10.3.15.C: Summary of Interpretation Procedure
(Optional)
Pre-Application
Conference
(Optional)
Community
Information
Meeting
1
Application
Submittal &
Acceptance
2
Planning
Director
Interpretation
Public Hearing
Scheduling &
Notification
Advisory Body
Review & Action
Decision-
Making Body
Review & Action
3
Post-Decision
Limitations and
Actions
1. Application Submittal and Acceptance
Applications shall be submitted in accordance with Section 10.2.4,
Application Submittal and Acceptance, subject to the modifications in
subsections a and b below. Written requests for interpretations shall be
considered “applications” for purposes of this section. An application for
an interpretation may be initiated by the Board of Commissioners, the
Planning Board, any resident or landowner in the County, or any person
having a contractual interest in land in the County.
2. Staff Review and Action
a. The Planning Director shall distribute the application, review the
application, and make an interpretation, which shall constitute the
decision on the application, in accordance with Section 10.2.5, Staff
Review and Action, and Section 10.3.15.D, Interpretation Standards.
b. Prior to rendering an interpretation, the Planning Director shall consult
with the County Attorney and other affected County officials
3. Post-Decision Limitations and Actions
a. The post-decision limitations and actions in Section 10.2.10, Post-
decision Limitations and Actions, apply.
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b. A written interpretation shall be binding on subsequent decisions by
the Planning Director or other officials in applying the same provision
of this Ordinance or the Official Zoning Map in the same
circumstance, unless the interpretation is modified in accordance with
this section, or the relevant text of this Ordinance or zoning district
boundary is amended.
c. The Planning Director shall maintain a record of written interpretations
that shall be available in the Planning Department during normal
business hours.
D. Interpretation Standards
1. Unspecified Uses
Interpretation of whether an unspecified use is similar to a use identified
in Table 4.2.1: Principal Use Table, or is prohibited in a zoning district
shall be based on Section 4.1.3, Classification of New or Unlisted Uses.
2. Zoning Map Boundaries
Interpretation of zoning district boundaries on the Official Zoning Map
shall be in accordance with the standards in Section 3.1.1.C, Rules For
Interpretation of District Boundaries.
3. Text Provisions
Interpretation of the text and its application shall be based on the
standards in Section 2.2, Rules of Construction, and the following
considerations:
a. The clear and plain meaning of the provision’s wording, as defined by
the meaning and significance given specific terms used in the
provision—as established in Section 2.2, Rules of Construction, and
by the common and accepted usage of the term;
b. The intended purpose of the provision, as indicated by purpose
statements, its context and consistency with surrounding and related
provisions, and any legislative history related to its adoption; and
c. The general purposes served by this Ordinance, as set forth in
Section 1.3, General Purpose and Intent.
Unified Development Ordinance | New Hanover County, NC 11-1
Article 11: Nonconforming Situations
Section 11.1. General Applicability
11.1.1. In this Ordinance there exist uses of land, structures, lots of record, signs, and site
features that were lawfully established before this Ordinance was adopted or
amended, that do not conform to its terms and requirements. It is the intent of this
ordinance to allow such uses, structures, lots of record, signs, and site features to
continue to exist until they are removed but not to encourage their continual use.
11.1.2. Nonconforming uses of land, structures, lots of record, signs, and site features may
be continued provided they conform to the provisions of this ordinance.
Section 11.2. Use of Undeveloped Nonconforming Lots
11.2.1. NONCONFORMING SINGLE LOT OF RECORD
A vacant lot of record established prior to October 6, 1969, or any amendment
thereto, which does not conform to the minimum lot requirements of the district in
which it is located may be used as a building site for a use permitted within that
district provided:
A. All construction and the location of the building(s) shall be in accordance with the
applicable front, side, and rear setback standards of the district in which it is
located; and
B. The existing or proposed water and sewage disposal system is approved by the
New Hanover County Environmental Health Department or the Cape Fear Public
Utility Authority, whichever applies.
11.2.2. NONCONFORMING VACANT CONTIGUOUS LOTS OF RECORD
When any two or more adjoining lots of record (one of which is vacant) that are less
than 100 feet in total width and less than 20,000 square feet in total area are held in
identical ownership at any time, they shall be deemed to be combined into a lot or
lots which meet the minimum lot area standards of the zoning district in which they
are located.
Section 11.3. Completion of Nonconforming Projects
The construction or erection of any project for which a building permit which is
made nonconforming by this Ordinance or an amendment thereto, may be
completed, provided all construction is done pursuant to a validly issued building
permit.
Section 11.4. Extension or Enlargement of Nonconforming
Situations
Except as specifically provided in this section, it shall be unlawful for any person to engage in
any activity that causes an increase in the extent of non-conformity of a nonconforming
situation.
11-2 New Hanover County, NC | Unified Development Ordinance
11.4.1. EXISTING INDUSTRIAL USES
The standards outlined in Section 3.4.10, Light Industrial (I-1) District, and Section
3.4.11, Heavy Industrial (I-2) District, and any requirement for a special use permit
shall apply to all new proposals in the I-1 and I-2 districts as shown on the Table
4.2.1: Principal Use Table. Any existing industrial uses which did not require a
special use permit on October 3, 2011 would be considered a conforming use and
shall not require a special use permit in order to continue operations. The term
“existing industrial uses” shall mean industries in active operation and open for
business on a tax parcel zoned I-1 or I-2, and developed for that particular use on
October 3, 2011.
11.4.2. MODIFICATIONS AND/OR EXPANSIONS OF EXISTING INDUSTRIAL USES
A. Modifications or expansion of existing industrial uses whose site conditions were in
conformity with the requirements of the County Zoning Ordinance on October 2,
2011, shall comply with the following. If these conditions are not met, or if the
existing industrial use is classified within the intensive industry category, and the
modification and/or expansion changes the particular use within that category, a
special use permit is required for the modification and/or expansion.
B. Modifications and/or Expansions on the Same Parcel
Modifications or expansions of existing industrial uses shall be allowed if the
uses are fully contained on the tax parcel currently developed for and
operating as such use, if:
1. The expansion or modification is for the same existing industrial use that
was in active operation and open for business as October 3, 2011.
2. The expansion or modification is for a less intensive industrial use than
was in active operation and open for business as October 2, 2011. (For
example, an existing intensive industry use could transition to other
industry and manufacturing uses not designated as intensive).
3. The existing industrial use is classified within the other industry and
manufacturing uses not designated as intensive industry category, and
the use is expanded or modified to a different use within that same
category.
C. Modifications and/or Expansions onto Adjacent or Contiguous Parcels
Modifications or expansions of existing industrial uses shall be allowed on tax
parcels adjacent or contiguous (excluding rights of way) to the current use, if
the zoning district in which they are located allows the use, they are held in
the same ownership on October 3, 2011 (including successor ownership),
and:
1. The expansion or modification is for the same existing industrial use that
was in active operation and open for business on October 2, 2011.
2. The expansion or modification is for a less intensive industrial use than
was in active operation and open for business as October 2, 2011. (For
example, an existing intensive manufacturing use could transition to other
industry and manufacturing uses not designated as intensive industry.
Unified Development Ordinance | New Hanover County, NC 11-3
3. The existing industrial use is classified within the other industry and
manufacturing uses not designated as intensive industry category, and
the use is expanded or modified to a different use within that same
category.
11.4.3. Subject to Section 11.4.6 of this section, a nonconforming use may be extended
throughout any portion of a completed building that, when the use was made
nonconforming, was manifestly designed or arranged to accommodate such use.
However, subject to Section 11.3, Completion of Nonconforming Projects, a
nonconforming use may not be extended to additional buildings or to land outside
the original building.
11.4.4. Subject to Section 11.3, Completion of Nonconforming Projects, a nonconforming
use of open land may not be extended to cover more land than was occupied by
that use when it became nonconforming, except that a use that involves the
removal of natural materials from the lot (e. g., a quarry) may be expanded to the
boundaries of the lot where the use was established at the time it became
nonconforming, if ten percent or more of the earth products had already been
removed on the effective date of this provision.
11.4.5. Where a nonconforming situation exists, the equipment or processes may be
changed if these or similar changes amount only to changes in degree of activity
rather than changes in-kind and no violations of other paragraphs of this section
occur.
11.4.6. Physical alteration of structures or the placement of new structures on open land
are unlawful if they result in:
A. An increase in the total amount of space devoted to a nonconforming use; or
B. A greater non-conformity with respect to dimensional restrictions such as yard
requirements, height limitations, or density requirements.
11.4.7. Minor repairs to and routine maintenance of property where nonconforming
situations exist are permitted and encouraged.
11.4.8. Notwithstanding Section 12.4.1.F, any structure used for single family residential
purposes and maintained as a nonconforming use or structure may be enlarged or
replaced with a similar structure of a larger size, so long as the enlargement or
replacement does not create new non-conformities or increase the extent of
existing non-conformities with respect to lot area and setback requirements. In
particular, a mobile home may be replaced with a larger mobile home, and a
"single-wide" mobile home may be replaced with a "double-wide". This paragraph is
subject to the limitations stated in Section 11.6, Abandonment and Discontinuance
of Nonconforming Situations.
11.4.9. A structure that is nonconforming in any respect, or a structure that is used in a
nonconforming manner may be reconstructed or replaced if partially or totally
destroyed, if:
A. A letter of intent is received by the Planning Director within six months from the time
of such destruction.
B. A building permit is obtained from the Building Safety Department within one year
from the time the damage or destruction took place.
11-4 New Hanover County, NC | Unified Development Ordinance
C. The total amount of space devoted to a nonconforming use may not be increased,
except that a larger, single family residential structure may be constructed in place
of a smaller one and a larger mobile home intended for residential use may replace
a smaller one.
D. The reconstructed building may not be more nonconforming with respect to
dimensional restrictions such as setback standards, height, or density, and such
dimensional non-conformities shall be eliminated if that can reasonably be
accomplished without unduly burdening the reconstruction process or limiting the
right to continue the nonconforming use of the building.
Section 11.5. Change in Kind of Nonconforming Use
11.5.1. A nonconforming use may be changed to a conforming use. Thereafter, the
property may not revert to a nonconforming use.
11.5.2. A nonconforming use may be changed to another nonconforming use only in
accordance with approval issued by the Board of Adjustment. The Board shall
issue such approval only if it finds that the proposed use will be more compatible
with the surrounding neighborhood than the use in operation at the time the
approval is applied for. If a nonconforming use is changed to any use other than a
conforming use without obtaining approval in accordance with this paragraph, that
change shall constitute a discontinuance of the nonconforming use, and the
property involved may thereafter be used only for conforming purposes
11.5.3. A nonconforming accessory use or building may only be changed to another
nonconforming accessory use or building in accordance with subsection 11.5.2
above. Changes in a principal use are also considered as changes to any
accessory use or building for the principal use.
11.5.4. If a nonconforming use and a conforming use, or any combination of a conforming
and nonconforming uses, or any combination of nonconforming uses exist on one
(1) lot, the use made of the property may be changed substantially (except to a
conforming use), only in accordance with approval issued by the Board of
Adjustment. The Board shall issue such approval only if it finds that the proposed
use will be more compatible with the surrounding neighborhood than the use or
combination of uses in operation at the time the approval is applied for.
11.5.5. A use listed as permitted use in Table 4.2.1: Principal Use Table, may be
established as a new use in any existing nonconforming building, provided such
use complies with all off-street parking requirements of this Ordinance.
Section 11.6. Abandonment and Discontinuance of
Nonconforming Situations
11.6.1. When a nonconforming use is discontinued for a consecutive period of 180 days,
only a conforming use may be located on the property.
11.6.2. For purposes of determining whether a right to continue a nonconforming situation
is lost in accordance with this section, all of the buildings, activities, and operations
maintained on a lot are generally to be considered as a whole. For example, the
failure to rent one apartment in a nonconforming apartment building or one space in
a nonconforming mobile home park for 180 days shall not result in the loss of the
Unified Development Ordinance | New Hanover County, NC 11-5
right to rent that apartment or space in the future, as long as the apartment building
or mobile home park as a whole is continuously maintained. However, if a
nonconforming use is maintained in conjunction with a conforming use,
discontinuance of a nonconforming use for the required period shall terminate the
right to maintain it after 180 days of discontinuance. For example, if a mobile home
is nonconforming use on a residential lot where a conforming residential structure
also is located, removal of that mobile home for 180 days terminates the right to
replace it.
11.6.3. Any structure or operation made nonconforming by this provision that was vacant
or discontinued on the date of its original adoption, the 180 day period for purposes
of this section, began to run on that original date of adoption.
Section 11.7. Nonconforming Signs
11.7.1. DETERMINATION OF NONCONFORMITY
Existing signs which do not conform to the specific provisions of Section 5.6, Signs,
and the other requirements of this Ordinance may be eligible for the designation
"nonconforming" provided that:
A. The Building Safety Director determines that the sign is properly maintained and
does not in any way endanger the public; and
B. The sign has a valid permit or variance approval, or complied with all applicable
laws on August 6, 2001.
11.7.2. LOSS OF NONCONFORMING STATUS
A nonconforming sign may lose its nonconforming designation if:
A. The sign is relocated or replaced; or
B. The structure of the sign is altered in any way except towards compliance with this
Section 5.6, Signs, and the other requirements of this Ordinance. This does not
refer to change of copy or normal maintenance.
11.7.3. MAINTENANCE AND REPAIR OF NONCONFORMING SIGNS
Nonconforming signs are subject to all requirements of this Ordinance regarding
safety, maintenance, and repair. However, if the sign suffers more than 50 percent
appraised damage or deterioration; it shall be removed or brought into
conformance with Section 5.6, Signs, and the other requirements of this Ordinance.
Unified Development Ordinance | New Hanover County, NC 12-1
Article 12: Violations and Enforcement
Section 12.1. General Provisions
12.1.1. PURPOSE
This article establishes procedures through which the County seeks to ensure
compliance with the provisions of this Ordinance and obtain corrections for
Ordinance violations. It also sets forth the remedies and penalties that apply to
violations of this Ordinance. The provisions of this article are intended to encourage
the voluntary correction of violations, where possible.
12.1.2. COMPLIANCE REQUIRED
Compliance with all the procedures, standards, and other provisions of this
Ordinance is required by all persons owning, developing, managing, using, or
occupying land or structures in the unincorporated County.
Section 12.2. Violations and Responsible Persons
12.2.1. VIOLATIONS GENERALLY
A. Any failure to comply with a standard, requirement, prohibition, or limitation
imposed by this Ordinance, or the terms or conditions of any permit or other
development approval or authorization granted in accordance with this Ordinance
shall constitute a violation of this Ordinance punishable as provided in this article.
B. Permits or permit approvals issued by a decision-making body authorize only the
use, arrangement, location, design, density or intensity, and development set forth
in such permits or development approvals.
12.2.2. SPECIFIC VIOLATIONS
It shall be a violation of this Ordinance to undertake any activity contrary to the
provisions of this Ordinance, including but not limited to any of the following:
A. Develop property or a structure without first obtaining all appropriate permits or
development approvals, and complying with their terms and conditions.
B. Occupy or use land or a structure without first obtaining all appropriate permits or
development approvals, and complying with their terms and conditions.
C. Subdivide land without first obtaining all appropriate permits or development
approvals required to engage in subdivision, and complying with their terms and
conditions.
D. Excavate, grade, cut, clear, mine, extract earth resources, or undertake any land
disturbing activity without first obtaining all appropriate permits and development
approvals, and complying with their terms and conditions.
E. Disturb any landscaped area or vegetation required by this Ordinance.
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F. Fail to comply with the flood damage prevention standards, and any terms and
conditions of approval.
G. Fail to comply with the stormwater management requirements and any terms and
conditions of approval.
H. Install, create, erect, alter, or maintain any sign without first obtaining the
appropriate permits or development approvals, and complying with their terms and
conditions.
I. Remove a protected tree without a permit.
J. Fail to remove any sign installed, created, erected, or maintained in violation of this
Ordinance, or for which the permit has expired.
K. Create, expand, replace, or change any nonconformity except in compliance with
this Ordinance.
L. Reduce or diminish the requirements for development, design, or dimensional
standards below the minimum required by this Ordinance.
M. Increase the intensity or density of development, except in accordance with the
standards of this Ordinance.
N. Through any act or omission, fail to comply with any other provisions, procedures,
or standards as required by this Ordinance.
12.2.3. RESPONSIBLE PERSONS
One or more of the following responsible persons may be held responsible for a
violation of this Ordinance and be subject to the remedies and penalties provided in
this article:
A. A contractor, engineer, architect, planner, agent, or any other person who
participates in, assists, directs, creates, or maintains a situation that constitutes a
violation, and
B. An owner of the property on which a violation occurs, and any tenant or occupant of
that property who has control over, or responsibility for its use or development,
except tenants shall subject the owner only to civil penalties and/or civil action as
set forth in this Ordinance, and N.C.G.S. §§ 153A-123(a), (c), (d), (e), (f), and (g),
and an owner shall not incur criminal penalties for violations by any tenants. The
owner's responsibilities in relation to a tenant in no way relieves any tenant from
liability for any violations.
Section 12.3. Enforcement Responsibility and Procedures
12.3.1. RESPONSIBILITY FOR ENFORCEMENT
A. The Planning Director is primarily responsible for enforcing this Ordinance, except
for the Stormwater and Erosion and Sedimentation Control provisions (which the
Engineer shall enforce). The Planning Director may delegate enforcement authority
to enforce to other Zoning Compliance Officials involved with reviewing or
inspecting development, who shall be responsible for assisting them in enforcing
this Ordinance.
Unified Development Ordinance | New Hanover County, NC 12-3
B. All other officers and employees of the County shall have the duty to assist in
enforcing this Ordinance by reporting apparent violations of this Ordinance to these
officials.
12.3.2. COMPLAINTS REGARDING VIOLATIONS
Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any
person may file a written or verbal complaint with the Planning Director, stating fully
the causes and basis for the complaint. The Planning Director shall record properly
the complaint, immediately investigate it, and take action as provided by this
Ordinance.
12.3.3. INSPECTIONS
After receipt of an administrative warrant, the Planning Director may enter upon
land or inspect any structure to ensure compliance with the provisions of this
Ordinance. These inspections shall be carried out during normal business hours
unless the Planning Director determines there is an emergency necessitating
inspections at another time.
12.3.4. ENFORCEMENT PROCEDURE
A. Upon observation or reporting of an alleged violation, the Planning Director shall
investigate the case and make a determination as to whether a violation has
occurred in accordance with this article. If the Planning Director determines that
there is a violation, a Notice of Violation shall be issued to the owner and occupant
and any other person in violation, by certified or registered mail, as well as first
class mail, to the last known address, or by personal service or by posting notice of
the violation conspicuously on the property:
1. That the land, building, sign, structure, or use is in violation of this
Ordinance;
2. The nature of the violation, and citation of the section of this Ordinance
violated;
3. The measures necessary to remedy the violation; and
4. Require the violation be discontinued and corrected.
B. If a land use is commenced without proper zoning authorization, the Planning
Director shall instruct the owner or occupant, in writing, to immediately cease the
unauthorized use and apply for appropriate permits or authorizations prior to
resumption of the use.
C. Any owner and occupant who has received a Notice of Violation may appeal in
writing the decision of the Planning Director to the Board of Adjustment in
accordance with Section 10.3.14, Appeal of Administrative Decision. If the Board of
Adjustment affirms that the owner and occupant is in violation of this Ordinance, the
Board of Adjustment shall issue an order, in writing, to the owner and occupant
affirming the violation and ordering compliance. In the absence of an appeal, the
remedies and penalties sought by the Planning Director shall be final.
D. Except in the case of an order to cease a land use, if a violation is corrected within
three days of the date of Notice of Violation, no penalty shall be levied. However, if
the same violation recurs within the same year, it shall be considered the second
offense and penalties shall be levied each day.
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E. If there is no approved plan in place for corrective action within three days of the
date of the Notice of Violation, penalties shall accrue as outlined in Section 12.4,
Remedies and Penalties, and the first day of violation will be the date on the Notice
of Violation. The Planning Director may approve a plan for corrective action with
specific benchmarks and continuous progress when the nature of the violation
merits such a plan. The plan shall be binding on the violator and shall be in writing
and included in the case file.
F. If after the violation is remedied, the penalties have accrued to a sum over $5,000,
the owner and occupant may request consideration of an alternative equitable
settlement of penalties through the office of the County Manager. A letter of
justification and approval shall be included in the case file when penalties are
reduced.
G. The Planning Director may withhold or deny any permit, certificate, occupancy, or
other form of authorization on any land, building, sign, structure, or use in which
there is an uncorrected violation.
12.3.5. APPLICATION OF REMEDIES AND PENALTIES
On determining that the violator has failed to correct the violation by the time limit
set forth in the Notice of Violation (or any granted extension), or the time limit set by
the Board of Adjustment if the matter is appealed, the Planning Director shall take
appropriate action, as provided in Section 12.4, Remedies and Penalties, to correct
the violation and to ensure compliance with this Ordinance.
12.3.6. EMERGENCY ENFORCEMENT WITHOUT NOTICE
On determining that delay in correcting the violation would pose a danger to the
public health, safety, or welfare, the Planning Director may seek immediate
enforcement without prior written notice by invoking any of the remedies authorized
in Section 12.4, Remedies and Penalties.
Section 12.4. Remedies and Penalties
12.4.1. This Ordinance may be enforced by any one or more of the remedies authorized by
Section 153A-123, N.C.G.S., and in in accordance with the provisions of Section
153A-324, N.C.G.S., including but not limited to the following:
A. Issuance of Stop Work Order
Whenever a building or structure is being constructed, demolished,
renovated, altered, or repaired in violation of any applicable provision of this
Ordinance, the Planning Director or Building Official may issue a Stop Work
Order. The Stop Work Order shall be in writing, directed to the person doing
the work, and shall state the specific work to be stopped, the specific reasons
for cessation, and the action(s) necessary to lawfully resume work.
B. Revocation of Permit or Approval
The Planning Director may revoke any development permit or approval
granted under this Ordinance, by written notice to the permit or approval
holder, when false statements or misrepresentations were made in securing
the permit or approval, work is being or has been done in substantial
Unified Development Ordinance | New Hanover County, NC 12-5
departure from the approved application or plan, there has been a failure to
comply with the requirements of this Ordinance, or a permit or approval has
been mistakenly granted in violation of this Ordinance.
C. Denial or Withholding of Related Permits
The County may deny or withhold a certificate of occupancy in accordance
with the building code—or deny or withhold any permit, approval, or other
authorization under this Ordinance to use or develop any land, structure, or
improvements—until an alleged violation related to such land, use, or
development is corrected and any associated civil penalty is paid.
D. Removal of Illegal Signs from County-Maintained Streets
The County may remove any sign placed within the right-of-way of a publicly-
maintained street in violation of the standards in this Ordinance.
E. Civil Remedies and Penalties
1. Violation of this Ordinance subjects the offender to a civil penalty of
$100.00 for a first offense, $200.00 for a second offense, and $300.00 for
a third and subsequent offense, to be recovered by the County in a civil
action in the nature of debt if the offender does not pay the penalty to the
County Finance Office within 15 calendar days after the offender has
been cited for a violation. Violation of this Ordinance shall result only in
civil penalties and/or civil action set forth herein and shall not entail
criminal sanctions.
2. Each day’s continuing violation of this Ordinance is a separate and
distinct offense.
F. Equitable Remedies
This Ordinance may be enforced by an appropriate equitable remedy issuing
from a court of competent jurisdiction.
G. Other Remedies
This Ordinance may be enforced by injunction, order of abatement, or both,
as provided in Section 153A-123(e), N.C.G.S.
12.4.2. A violation of any provision of Section 5.10, Airport Height Restriction, shall
constitute a misdemeanor and shall be punishable by a fine and/or imprisonment
as authorized under Section 63-35, N.C.G.S., and each day a violation continues to
exist shall constitute a separate offense. Whenever a tree that previously complied
with Section 5.10, Airport Height Restriction, grows to a point that is in violation of
any height specified in Section 5.10, Airport Height Restriction, the owner of such
tree shall allow the County to remove such tree to a point that will make the tree
comply with the height specified. Such removal of trees shall be done at the
expense of the New Hanover County Board of Commissioners.
12.4.3. The remedies and penalties provided for violations of this Ordinance, whether civil
or criminal, shall be cumulative and in addition to any other remedy or penalty
provided by law, and may be exercised in any order.
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Unified Development Ordinance | New Hanover County, NC A-7
Appendices
A-8 New Hanover County, NC | Unified Development Ordinance
Appendix 1: Final Plat Certificates
The certificates herein shall appear on final plats, if applicable.
Unified Development Ordinance | New Hanover County, NC A-9
9.16.3.1 Certificate of Ownership, Dedication and Jurisdiction
I (we) hereby certify that I am (we are) the owner(s) of the property shown and described
hereon and that I (we) hereby adopt this plan of subdivision with my (our) own free consent and
dedicate all streets, alleys, walks, parks, conservation space and other areas to public or private
use as noted. All roads and drainage easements are dedicated for public utility purposes.
Further, I (we) certify the land as shown hereon is located within the subdivision jurisdiction of
New Hanover County.
_________________________ __________________________________
_________________________ __________________________________
Date Signature of Owner(s)
_________________________ __________________________________
Date Subordination Consent of Mortgagee
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9.16.3.2 Certificate of Proposed Subdivision Road Construction Standards
Department of Transportation
Division of Highways
Proposed Subdivision Road
Construction Standards Certification approved
______________________________ ________________________
District Engineer Date
Unified Development Ordinance | New Hanover County, NC A-11
9.16.3.3 Certificate of Registration by Register of Deeds
North Carolina
New Hanover County
Filed for Registration on the _______ day of ________________________________ at
___________________(a.m. / p.m.) and duly recorded in Map Book ____________, at
Page ______.
____________________________________
Register of Deeds
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9.16.3.4 Certificate of Accuracy and Mapping
I, _________________________________, certify that this plat was drawn under by
supervision from (an actual survey made under my supervision) deed description in Book
__________, Page __________, Book ___________, Page _________, etc. (Other; that the
error of closure as calculated by latitudes and departures is 1: _________; that the boundaries
not surveyed are shown as broken lines plotted from information found in Book ________, Page
______; that this map was prepared in accordance with G.S.47-30 as amended.
Witness my hand and seal this _____ day of _______________________ A.D., 20___.
______________________________________
Surveyor
SEAL
Unified Development Ordinance | New Hanover County, NC A-13
9.16.3.5 Review Officer’s Certificate
State of North Carolina
County of New Hanover
I, ________________________________, Review Officer of New Hanover County, certify that
the map or plat to which this certification is affixed meets all statutory requirements for
recording.
Review Officer ______________________________________
Date _______________
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9.16.3.6 Certificate of Disclosure - North Carolina Coastal Area Management Act
I (we) hereby certify that prior to entering any agreement or any conveyance with a prospective
buyer, I (we) shall prepare and sign, and the buyer of the subject real estate shall receive and
sign, a statement which fully and accurately discloses that the buyer may have responsibility to
obtain a development permit (minor or major) and the agency to which an application must be
filed in order to obtain and permit prior to any undertaking or activity subject to the requirements
of the North Carolina Coastal Area Management Act.
___________________________ ____________________________________
Date
____________________________________
Signature of Owner(s)
Unified Development Ordinance | New Hanover County, NC A-15
9.16.3.7 Certificate of Disclosure - New Hanover County Flood Plain Management
I (we) hereby certify that prior to entering any agreement or any conveyance with a prospective
buyer, I (we) shall prepare and sign, and the buyer of the subject real estate shall receive and
sign, a statement which fully and accurately discloses that the subject real estate, or a portion of
the subject real estate, is located within a flood hazard area and that the buyer must satisfy the
requirements of the New Hanover County Flood Plain Management Regulations prior to the
issuance of construction permits.
___________________________ ____________________________________
Date
____________________________________
Signature of Owner(s)
A-16 New Hanover County, NC | Unified Development Ordinance
9.16.3.8 Certificate of Disclosure for Private Developments
I (we) acknowledge that neither the State nor the County shall be responsible for maintenance
of any streets, parks, drainage, open space or other areas which are designated for private use.
I (we) acknowledge that prior to contracting with a prospective buyer, I shall give the buyer a
written statement which discloses the existence and location of such private areas and specifies
the maintenance responsibilities for same. When applicable, the statement shall disclose that
the street(s) will not be constructed to minimum standards sufficient to allow their inclusion on
the State highway system for maintenance.
___________________________ ____________________________________
Date
____________________________________
Signature of Owner(s)
Unified Development Ordinance | New Hanover County, NC A-17
9.16.3.9 Certificate of Registration/Disclosure for Homeowner's Association
Covenants, Conditions and Restrictions by Register of Deeds
North Carolina New Hanover County
Homeowner's Association Covenants, Conditions and Restrictions filed for registration on the
_____ day of _________________ at _____________(a.m. / p.m.) and duly recorded in Deed
Book _______, at Page _____.
_____________________________________
Register of Deeds
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9.16.3.10 Certificate Disclaiming Water/Sewer Suitability
Notwithstanding New Hanover County approval of this plat, lots shown on said plat may not
receive Health Department approval for on site sewage disposal systems, nor for individual
water supply systems, nor does such approval guarantee the availability of water or sewer
services from The Cape Fear Public Utility Authority.
Unified Development Ordinance | New Hanover County, NC A-19
9.16.3.11 Certificate of Disclosure for New Hanover County Sewer Costs
I (we) hereby certify that prior to entering any agreement or any conveyance with a prospective
buyer, I (we) shall prepare and sign, and the buyer of the subject real estate shall receive and
sign, a statement which fully and accurately discloses that the buyer will be assessed by The
Cape Fear Public Utility Authority for the full cost of providing sewer service to the subdivision at
the time that District sewer becomes available, in accordance with New Hanover County Code.
____________________ ___________________________________
Date Signature of Owner
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9.16.3.12 Certificate of Disclosure: PRIVATE ROADS (1/10)
I (we) the developers of ____________________________ subdivision located in the
unincorporated area of New Hanover County understand that the roads in said subdivision are
designated private. I understand that ownership and maintenance of the roads will be the
responsibility of the developer until such time that the developer designates the responsibility to
the property owners’ association. Responsibilities must be accepted by the homeowners
association as specified in the homeowner covenants for said subdivision. The private roads in
said subdivision are to be constructed in accordance with Section 52-4 of the New Hanover
County Subdivision Ordinance and all applicable County Codes which includes the design,
installation, inspection, and approval by a licensed Professional Engineer (PE) recognized in the
State of North Carolina prior to final plat approval for all or a portion of the subdivision. If all or a
portion of the road infrastructure system within the subdivision is bonded through a surety,
performance bond, or cash escrow, no bond shall be released until all road construction
improvements are complete and certified by the Professional Engineer.
It shall be disclosed to the prospective buyer of a lot or lots within the subdivision that road
maintenance shall run through the property owners association in perpetuity after acceptance
from the developer until such time that the roads are re-platted as publicly designated roads and
taken over for maintenance through the North Carolina Department of Transportation (NCDOT)
or appropriate governing authority.
Developer’s Name _________________________ Date _______________________
Unified Development Ordinance | New Hanover County, NC A-21
9.16.3.13 Private Roads Certification (1/10)
I (we) hereby certify that all private roads as depicted on subdivision plat __________________
have been designed, installed, inspected, and approved in accordance with Section 52-4 of the
New Hanover County Subdivision Ordinance and all applicable New Hanover County Codes
prior to final plat approval for all or a portion of the subdivision.
By certifying the construction of these roads as private, there are no guarantees or assurances
of acceptance of said roads by the North Carolina Department of Transportation.
Certified Professional Engineer _________________________ Date
___________________
Seal _____________________
A-22 New Hanover County, NC | Unified Development Ordinance
9.16.3.14 County Engineer Certificate
With this recordation, New Hanover County accepts the dedication for stormwater and
easements.
_____________________________________ ___________________
County Engineer Date
Unified Development Ordinance | New Hanover County, NC A-23
9.16.3.15 Certificate of approval by the Cape Fear Public Utility Authority: (11/12)
I, __________________________, Review Officer for the Cape Fear Public Utility Authority,
New Hanover County, North Carolina, certify that the map or plat to which this certification is
affixed meets all Authority standards and requirements for the public utilities as set forth by
ordinances. With the recordation of this plat, the Cape Fear Public Utility Authority
accepts the owner’s offer of dedication for the public water and/or sewer purposes all
easements, common areas, and/or rights of way shown on the plat as dedicated for
public utility purposes. Approval of this plat does not guarantee the availability of water
and sewer services from the Cape Fear Public Utility Authority.
CAPE FEAR PUBLIC UTILITY AUTHORITY
BY_________________________________________________________________________
REVIEW OFFICER TITLE DATE