2005-05-02 RM Exhibits
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
PROCLAMA nON
FOSTER CARE MONTH
MAY 2005
WHEREAS there are approximately 10,112 children of all ages in thc North Carolina
foster care system and over 300 children from Nc'.N Hanover County resldmg in foster
homcs, group homes and hospitals; and
WHEREAS, it is the goal of this community to provide these children with safe, stable
and nurturing family environments; and
'VHEREAS, foster parents come in all shapes and sizes, races and colors; some foster
parents are professionals and some are professional foster parents for our special needs
children, and
WHEREAS, we turn more and more to the family foster homes of New Hanover County
to nurture the bodies and spirits of the children in our charge while our socIal workers
guide the parents to overcome their problems and deficiencies to provide safe, permanent
homes for their children to return to and
WHEREAS, foster parents frequently adopt their foster children, which results 111 a
continual need for more foster families; and
WHEREAS, May is smgled out as Foster Care Month to be the one month we publicly
recognize the tremendous contribution made by our foster parents to the child welfare
system and to the lives of the young somehow entangled in that system.
NOW, THEREFORE BE IT PROCLAIMED that the New Hanover County Board of
Commissioners, in recognition of Foster Care Month, thanks all foster mothers and foster
fathers for their commitment of time and talents to these precious children.
ADOPTED this the 2nd day of May 2005
-
W~Q.~
William A. Caster Vice-Chairman
Allest:
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Sheila L. Schult, Clerk to the Board
'R 1:h- :L 9 :l0. 1..
AN ORDINANCE OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY ADOPTED
OCTOBER 6, 1969
CASE: A-340, 04/05
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN
Section I The Zoning Ordinance of the County of New Hanover adopted October 6, 1969 as amended
be and the same is hereby further amended as follows:
ADI) Subsection 80-3.1 Shared Parking
In the case of dual uses on the same property. when the use onhe propertv is bv priyatemembership. the
parkin!!: requirement for the lesser of the two associated uses within the facility shall be reduced bv y,.
Amend Section 81-1
"Clubs, public or priyate, & Associated Uses."
One (1) parking space for each one hundred (100) square feet of gross floo space. Parkin!!
for anv associated use mav be reduced bv ~ ll/JOll submission of adeauate documentation
and favorable recommendation by the Plannin!! Department and <Jooroval by the [nsoections
Director.
Dry Dock Boat Storage Parking Requirement (Section 81-1)
Add Dry Dock Boat Stora~e with a parkin!!: requirement of I space per 4 dry docks
Amend Section 72-31 (I)
A minimum of one (1) ofl'street parking space per boat slip and per four (4) dry storage facilities
shall be provided
Section 2. Anv ordinance or any part of any ordinance in conflict with this ordinance, to the extent of
such conflict, is hereby repealed.
Section 3 This ordinance is adopted in the interest of public health, safety morals and general welfare
of the inhabitants orthe County of New Hanover, North Carolina, and shall be in full force and effect
from and after its adoption.
Adopted the 2nd day of May 2005
D~().~
William Caster Vice-Chairman
Attest:
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Clerk to the Board
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AN ORDINANCE OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA
AMENDING THE ZONING ORDINANCE
OF NEW HANOVER COUNTY
OCTOBER 6,1969
CASE: A-341, 04/05
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTI-I ORDAIN
Section I That the Zoning Ordinance of the County of New Hanover adopted October 6, 1969 as
amended bv and the same is hereby further amended as follows:
Revise Section 50.5 Table of Permitted Uses
REVISE;
Table of
Permitted Uses
RIO
Duplexes
P
Section 2. Any ordinance or anv part of any ordinance in conflict with this ordinance, to the extent
of such conflict, is hereby repealed.
Section 3 This ordinance is adopted in the interest of public health, safetv, morals and general
welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force
and effect from and after its adoption.
Adopted the 2nd day of May 2005
Attest:
D-JA-t... Q~
William Caster Vico-Chairmall
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Clerk to the Board
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AN ORDINANCE
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
The Board of Commissioners of New Hanover County North Carolina, does hereby
ordain that Chapter 56 Utilities and corresponding sections of the Appendix, Section B
Fee Schedule are amended as follows.
I. Chapter 56, Division 1 Sections 56-31, Domestic and commercial
connections, subsections (b), (f), (g) and h(5)(b).
Section 56-31(b), (fl, (q) and h(5)(b). Domestic and commercial
connections.
(b) Applications for service must be made, by the owner to New Hanover
County Water and Sewer District, 414 Chestnut Street, Wilmington N.C
in accordance with procedures set forth in section 56-252.
(f) Inquiries on billing, termination and connection requests, reconnection of
service reinstallation of meters and payments shall be made to New
Hanover County Water and Sewer District, 414 Chestnut Stroet,
Wilmington, N.C
(g) Problems with leaks should be reported to the New Hanover County
Water and Sewer District, 414 Chestnut Stroet, Wilmington, N C
(h)(5)(b) Payment of all charges, fees and penalties associated with
reconnection of service must be made in cash credit card,
certified check or money order and paid, in person, in the office of
the New Hanover County Water and Sewer District, 414 Chestnut
Street, Room 1101 Wilmington, N C
II. Chapter 56, Division 1 Sections 56-39, Penalties, subsection (d).
Section 56-39(d). Penalties:
(d) If an owner becomes delinquent on his account for billing of the basic
user charges, a late penalty will be assessed on the account equal to
~ 10 percent of the outstanding balance due with a maximum
late penalty of $5.00 per billing cycle. In order to maintain his
account in a current status, each owner is given a ten-day grace
period from the due date of the bill, for a total of 30 days from the
date the bill is mailed in which to pay the total outstanding balance
due.
III. Chapter 56, Division 7 Sections 56-252, Procedure for required
connections, subsections (b)(1 )(a), (b)(1 )(b), (b)(2)(b) and (b)(2)(c).
Section 56-252(b)(1 )(a), (b)(1 )(b), (b)(2)(b) and (b)(2)(c). Application
procedures for new connections:
(b)(1 )(a). The owner must apply to New Hanover County Water and Sewer
District, 111 Chestnut Street, Wilmington, N.C
(b)(1)(b). The owner must complete and sign all required documents the
application process and all required fees, as specified in division
9 of this article, must be paid at the time application is made,
either in person, by telephone or online.
(b)(2)(b). The contractor developer or other party shall provide the mailing
address of the owner so that all required documents may be mailed
directly to the O'...,ner for completion. I'. service fee set from time to
time and contained in appendix B will be charged to cover the cost
of mailing the documents. may set up a billing account in their
name, but shall be responsible for all costs and fees until such
time as notification of change in ownership of the property is
made to the New Hanover County Water and Sewer District.
(b)(2)(c). The owner must complete, sign and have notarized all required
documents and return the documents to the New Hanover County
Water and Se'Ner District, 111 Chestnut Street, Wilmington, NC
2B1 01, the application process within 30 days from the date of
notification by the district.
IV Chapter 56, Division 7 Sections 56-252, Procedure for required
connections, subsection (c).
Section 56-252(c). Application procedures for changes in service:
(c). The owner may notify the district in person or by telephone of any
changes in service. If notification is made by telephone, the district will
mail all required documents to the owner for completion and required
signatures. If applicable, an administrative fee set from time to time
and contained in appendix B will be applied to the owner's account. j.f
fees, other than the administrative fDe, are required in accordance
with division 9 of this article, the owner must complete and sign all
required documents and all required foes paid as specified in
subsection (b) of this section.
V Chapter 56, Division 9. Section 56-313. Basic user charges,
subs~ctions (b) and (c).
Section 56-313(b). Flat rate option for residential property:
The owner of residential property occupied with only one structure served by
a sewer line may elect to pay flat bimonthly rates in lieu of metered bimonthly
rates. If the owner initially chooses a flat rate, the owner may change to a
metered rate at any time, howe'ler, the owner is 3110wed to oh3nge one 3nd
only one time from the initial 3pplio3tion. The owner must P3Y upon
payment of an administration/inspection fee set from time to time and
contained in appendix B and the cost of installation of meters, if applicable
per section 56-252. If a meter does not function properly due to the owner's
water quality (Le. sand) and the meter has been replaced twice, the district
shall remove the meter and charge the flat rate.
Section 56-313(c). Metered rate option for all other property.
All residential property owners not electing the flat rate option, all commercial
and industrial properties, and all other properties shall be charged based on
metered rates. Metered rates shall be either residential or nonresidential
rates. If the owner initially chooses a metered rate, the owner may change to
the flat rate option only after ci)( bimonthly billings on the metered mte. The
owner is allowed to change one 3nd only one time from the initial applio3tion.
The o.....ner must P3Y upon payment of an administration/inspection fee set
from time to time and contained in appendix B If a meter does not function
properly due to the owner's water quality (Le. sand) and the meter has been
replaced twice, the district shall remove the meter and charge the flat rate.
VI. Chapter 56, Division 9 Section 56-315. Specific fees, subsections
(e)(2), (3), (4) and (5).
Delete the following subsections:
(e)(2). Sewer deposit.
(e)(3). Industrial application fee.
(e)(4). Cancellation penalty.
(e)(5). 1-40 Business Park sewer improvements proiect assessment fee.
Add the following new subsections.
(e)(2). Billinq method chanqe.
A fee as set forth in Appendix B shall be charged for each occurrence when
customers request a change in the billing method
(e)(3). Application fee.
An application fee, as set forth in Appendix B shall be charged for new
service.
(e)(4). Credit card.
A credit card convenience fee, as set forth in Appendix B shall be charged
on total amounts of $250 00 or more.
VII. Appendix S, Chapter 56. Utilities, Article II, Water Service, Section 56-
31 (h)(2)(c).
Section 56-31 (h)(2)(c)
(2) &. d. Processing fee for worthless check
$;w,oo 25.00
VIII. Appendix S, Chapter 56. Utilities, Article II, Water Service, Section 56-
37(b)(5).
Section 56-37(b)(5). Other fees.
Add a new subsection (e)
Additional fee if no person of reasonable age and with appropriate authority
present when service reconnected. $50 00
IX. Appendix S, Chapter 56. Utilities, Article III, Sewer System, Section 56-
252(b)(2)(b).
Delete Section 56-252(b)(2)(b).
X. Appendix S, Chapter 56. Utilities, Article III, Sewer System, Section 56-
252(c).
Delete Section 56-252(c)
XI. Appendix S, Chapter 56. Utilities, Article III, Sewer System, Division 9,
Fee Schedule, Section 56-313(b).
Section 56-313(b)
Administration/inspection fee fGf to change to flat rate option for residential
property $~OO 100.00
XII. Appendix 8, Chapter 56. Utilities, Article III, Sewer System, Division 9,
Fee Schedule, Section 56-313(c).
Section 56-313(c)
Administration/inspection fee fe!: to change to metered rate option for
residential property 35.00 100.00
XIII. Appendix 8, Chapter 56. Utilities, Article III, Sewer System, Division 9,
Fee Schedule, Section 56-315(e)(2), (4) and (5).
Section 56-315( e )(2)
Sewer deposit:
o. Residenti::JI...$10.00
b. Nonresidenti::Jl: Higher of minimum bimonthly sewer chmge foe
oppropri::Jte meter size or . . . 10.00
Fee for change in billing method for each occurrence .$100.00
Section 56-315(e)(4)
Minimum penolty . . . 25.00
Application fee for new service. .$15.00
Section 56-315(e)(5)
110 Business Pork sewer improvements project ossessment f{)e . . . 10.00
Credit card convenience fee .3% total charge over $250.00.
Except as specified referenced herein, the existing provisions of Chapter 56 Utilities
and Appendix B Fee Schedule, shall remain unaltered in full force and effect.
This the 2nd day of May 2005
[SEAL]
NEW HANOVER COUNTY
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Clerk to the Board
W-~
Robert G Greer Chairman
Board of Commissioners
ATTEST
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA (Airport)
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED Octobcr 4, 1976
CASE: Z-796, 04/05
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P51"1
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN
Section I The Zoning Map of Zoning Area (Airport) is hereby amended by removing the hereinafter
described tract from the AR Airport Residential Zoning District Classification and placing it in the AI Airport
Industrial Zoning District Classification, said land being described as follows:
4 parcel of land known to the New Hllnover COllnty Land Records as Parcel,' R/J 3316-/J/J4-/J06-000 and the
northwe.,t portion of R03316-/J/J4-005-0/J/J allll Beginning llt a point in the sOllthern line of Lineker-
ScllI/ibbellA veil lie, said poillt being IIIllrked bv llll iron lllld beillg 741 /J feet West of the Western lille of the
Atlalltic Coast Lille Railrolld where it crosses or illteracts the said Lilleker-ScllI/ibbell A veil lie, sllid poillt
lllso beillg the Northeastern comer of a tract oflllllllforlllerly oWlled bv J. W Lelllloll; mllllillg thellcefrolll
sllid poillt of hegillllillg lllld with lllllllllollg the SOllthern rigilt-o(-way lille ofLilleker-ScllI/ibbell A veil lie
lllld 5/J feetfrolll the center lille thereof North 85 degrees 42 lIIilllltes 4 secollds West 230.07 feet to the
Northell.,.tern comer ofll tract oflllllllllow or Illtell' oWlled hy Johll D. Wells, Jr alld wife, Ethel C Wells,
heillg the property cOllveyed to Johll D. Wells, Jr ami wife, by deed recorded ill Book 829 at Page 5/1 of
the New Hallover COllllty Registry: rlllll/illg thellce So 11th 5 degrees 34 mill lites 50 secollds West lllld with
llllll alollg the Ellsterly lille of the lallds of Jolll/ d. Wells, Jr lIIlll wife, Ethel C Wells, 433. 52feet to II poillt,
sllid poillt beillg the SOllthellstern comer of the said Wells lalld; thellce So 11th 83 degrees 24 mill lites East
250./3 feet fo all iroll pipe, sllid lille rllllllillg throllgh all iroll pipe at II distllllce of83. 7/J feet; thellce North
6 degrees 27 mill lites East 155.6feet to llll iroll pipe; thellceNorth 5 degrees 30 mill lites Ellst alld with lllld
lllong the Eastern line of a tract of IlIIllI cOllveved by Kathleen L. Bragg to J. W Lenllollllllll wife, Katie C
Lellllon hy deed recorded ill Book 52/J, Page 3/J9, New Hallover COllllty Registry, 218 feet to allother iron
pipe, sllid iroll pipe heillg ill the property lille of the Wrigiltsboro HOllie Delllonstratioll Clllb property:
thence North 83 degrees 42 lIIilllltes West lIIllI with alld lllong the property lille of the Wrightsboro Home
DemollStratioll Clllh 25 feet to llllother iroll pipe; thellce North 5 degrees 30 mill lites Ellst lllollg the
Western lille of the Wrightsboro Home Delllollstratioll Clllh 69.25 feet to the poillf of hegillnillg. Also
illelllded is The Northwestern portioll oftlu: parcel R03316-/J04-005-/J/J/J COllfllillillg 1, 7/J0 sqllarefeet as
showlI Oil the attached IIIllp.
Section 2. The Countv Clerk is hereby authorized and directed under the supervision of the County
Commissioners to Change the Zoning Map (Airport) on file in the office of the County Commissioners, so as
to make it complv with this ordinance.
Section 3 Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such
conflict, is herebv repealed.
Section 4 This ordinance is adoptcd in the interest of public health, safety morals and general wclfare of the
inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after
its adoption.
Adopted the 2nd day of May 2005
~~
~~~ \.-~a~~\ ~
Clerk to the Board
w~()~
William Cast", Vice-Chairman
.5UP'Bk.fi:333
Addendum to Special Use Order
In a Conditional Use Zoning District
Mini-Warehouses
Case Z-51 0,03/05
The County Commissioners for New Hanover Countv having held a public hearing on May 2,
2005 to consider application number S-1 0 03/05 submitted bv Withers & Ravenel for Seahawk
Properties LLC, a request to modify a special use permit in a conditional use zoning district to
expand an existing Mini-Warehouse operation located at 2016 Farley Drive and having heard all
of the evidence and arguments presented at the hearing, make the following amendments and
conditions to the special use order.
The revised site plan allows 7900 s.f of Mini-Warehouse and 5,968 s.f. of
impervious area with on-site manager's residence & office.
2. All other applicable federal, state and local laws.
Adopted this 2nd day of May 2005
~~Q~
Attest:
William Caster, Vice Chairman
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Clerk to the Board
5u.t' If 3. 3~. ~
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A Single Wide Mobile Home inlln RA Zoning District
S-528, 05/05
The County Commissioners for New Hanover County having held a public hearing on May 2, 2005 to
consider application number S-528 submitted by Amy Surrett for a special use permit to locate a single
wide mobile home in an RA Rural Agriculture District located at 3530 Lynn Avenue and having heard all
of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and
draw the following CONCLUSIONS.
The County Commissioners FIND AS A FACT that all of the specitic requirements set forth in
Section 72 27 of the County Zoning Ordinance WILL be satisfied if the property is developed in
accordance with the plans submitted to the County Commissioners.
2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general
requirement listed in the Ordinance; namely that the use will not materially endanger the public health
or safety if located where proposed and developed according to the plan as submitted and approved.
In support of this conclusion, the Commissioners make the following FINDINGS OF FACT
A. The subject property is located within the Castle Hayne VFD
B. The site will be served by private well and septic.
C. Well and septic permits need approval from the New Hanover County Health Department.
D. Access to the site is proposed on Lynn A venue, which is a state maintained road.
E. The site is located at the corner of two state maintained rights of way
3 It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second
general requirement listed in the Ordinance; namely that the use meets all required conditions and
specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF
FACT
A. The site is located in an RA Rural Agriculture Zoning District.
B. Singlewide mobile homes are permitted by special use permit in the RA district.
C. The subject parcel is approximately 0.4 acres.
4 It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third
general requirement listed in the Ordinance; namely that the use will not substantially injure the value
of adjoining or abutting property or that the use is a public necessity In support of this conclusion,
the Commissioners make the following FINDINGS OF FACT
A. Other mobile homes exist nearby
B. No evidence has been presented that the proposed use will injure the value of adjoining or
abutting property values.
5 It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fOlllth
general requirement listed in the Ordinance; namely that 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 plan of development for New Hanover county
In support ofthis conclusion, the Commissioners make the following FINDINGS OF FACT
A. The site is classified as resource proteetion by the New Hanover County Comprehensive
Plan. The purpose of the Resource Protection class is to provide for the preservation and
protection of important natural, historic, scenic, wildlife and recreational sources.
B. Other Mobile Homes are located nearby
6 Therefore, because the County Commissioners conclude that all of the general and specific conditions
precedent to the issuance of a SPECIAL USE PERMIT HA VE been satisfied, IT IS ORDERED that
the application for thc issuance of a SPECIAL USE PERMIT BEG RANTED subject to the following
conditions:
A. That the applicant shall fully comply with all of the specific rcquirements stated in the
Ordinance for the proposed use, as well as any additional conditions hereinafter stated.
B. If any of the conditions imposed by this special use permit shall be held invalid beyond the
authority of this Board of Commissioners by a court of competent jurisdiction, then this
perm it shall become void and of no effect.
C. Other.
I) All other applicable federal, state and local laws.
Ordered this 2'" day of May 2005
tJ~Q. ~
William Caster Vice Chairman
Attest:
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Clerk to the Board